Sam Rayburn Dam Rate, 62627-62629 [2013-24601]

Download as PDF Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices UNITED STATES DEPARTMENT OF ENERGY SOUTHWESTERN POWER ADMINISTRATION RATE SCHEDULE EE–13 1 WHOLESALE RATES FOR EXCESS ENERGY Effective: During the period October 1, 2013, through September 30, 2017, in accordance with interim approval from Rate Order No. SWPA–66 issued by the Deputy Secretary of Energy on September 30, 2013 and pursuant to final approval by the Federal Energy Regulatory Commission. Available: In the marketing area of Southwestern Power Administration (Southwestern), described generally as the States of Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas. Applicable: To electric utilities which, by contract, may purchase Excess Energy from Southwestern. Character and Conditions of Service: Three-phase, alternating current, delivered at approximately 60 Hertz, at the nominal voltage(s) and at the point(s) of delivery specified by contract. 1. Wholesale Rates, Terms, and Conditions for Excess Energy Excess Energy will be furnished at such times and in such amounts as Southwestern determines to be available. 1.1. Transmission and Related Ancillary Services Transmission service for the delivery of Excess Energy shall be the sole responsibility of such customer purchasing Excess Energy. 1.2. Excess Energy Charge $0.0094 per kilowatthour of Excess Energy delivered. [FR Doc. 2013–24606 Filed 10–21–13; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Southwestern Power Administration Sam Rayburn Dam Rate Southwestern Power Administration, DOE. ACTION: Notice of Rate Order. AGENCY: The U.S. Department of Energy Deputy Secretary has approved and placed into effect on an interim basis Rate Order No. SWPA–67, which increases the power rate for the Sam Rayburn Dam (Rayburn) project pursuant to the Rayburn rate schedule (SRD–13) to supersede the existing rate schedule. DATES: The effective period for the rate schedule specified in Rate Order No. SWPA–67 is October 1, 2013, through September 30, 2017. sroberts on DSK5SPTVN1PROD with FRONT MATTER SUMMARY: 1 Supersedes VerDate Mar<15>2010 Rate Schedule EE–11. 21:08 Oct 21, 2013 Jkt 232001 Mr. James K. McDonald, Vice President for Corporate Operations/Chief Operating Officer, Southwestern Power Administration, U.S. Department of Energy, One West Third Street, Tulsa, Oklahoma 74103, (918) 595–6690 (office), (918) 595–6656 (fax), jim.mcdonald@swpa.gov. SUPPLEMENTARY INFORMATION: Rate Order No. SWPA–67, which has been approved and placed into effect on an interim basis, increases the power rate for the Rayburn project pursuant to the following rate schedule: FOR FURTHER INFORMATION CONTACT: Rate Schedule SRD–13, Wholesale Rates for Hydro Power and Energy Sold to Sam Rayburn Dam Electric Cooperative, Inc. (Contract No. DE–PM75–92SW00215) The rate schedule supersedes the existing rate schedule shown below: Rate Schedule SRD–08, Wholesale Rates for Hydro Power and Energy Sold to Sam Rayburn Dam Electric Cooperative, Inc. (Contract No. DE–PM75–92SW00215) (superseded by SRD–13) Southwestern Power Administration’s (Southwestern) Administrator has determined, based on the 2013 Rayburn Current Power Repayment Study, that existing rates will not satisfy cost recovery criteria specified in Department of Energy Order No. RA 6120.2 and Section 5 of the Flood Control Act of 1944. The finalized 2013 Rayburn Revised Power Repayment Studies (PRSs) indicate that an increase in annual revenue of $280,248, or 7.1 percent, beginning October 1, 2013, will satisfy cost recovery criteria for the Rayburn project. The proposed Rayburn rate schedule would increase annual revenues from $3,949,872 to $4,230,120, to recover increased U.S. Army Corps of Engineers’ (Corps) investments and replacements in the hydroelectric generating facility and increased operations and maintenance costs. The Administrator has followed Title 10, part 903 subpart A, of the Code of Federal Regulations, ‘‘Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions’’ in connection with the proposed rate schedule. On August 6, 2013, Southwestern published notice in the Federal Register, (78 FR 47695), of the proposed rate increase for the Rayburn project. Southwestern provided a 30-day comment period as an opportunity for customers and other interested members of the public to review and comment on the proposed rate increase. Southwestern did not hold the combined Public Information and Comment Forum (Forum) because Southwestern did not receive any requests to hold the Forum. One PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 62627 comment was received from Gillis, Borchardt and Barthel, LLP, on behalf of the Sam Rayburn Dam Electric Cooperative, Inc., which stated no objection to the proposed rate adjustment. Information regarding this rate proposal, including studies and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, Williams Center Tower I, One West Third Street, Tulsa, Oklahoma 74103. Following review of Southwestern’s proposal within the Department of Energy, I hereby approve Rate Order No. SWPA–67 which increases the existing Sam Rayburn Dam rate to $4,230,120 per year for the period October 1, 2013 through September 30, 2017. Rate Order No. SWPA–67 will be submitted to FERC for confirmation and approval on a final basis. The Administrative Procedure Act requires that publication of a substantive rule be made not less than 30 days before its effective date, except, in relevant part, if the agency has good cause to waive the delay requirement (5 U.S.C. 553(d)). Southwestern finds good cause to waive the 30-day delay in effective date, placing the rates in effect on an interim basis starting October 1, 2013, because the current rate is insufficient to recover costs as required by statute; no change to the standard October 1 date of implementation is being made; and no comments were received and no revisions were made to the proposed rates. Dated: September 30, 2013. Daniel Poneman, Deputy Secretary. UNITED STATES OF AMERICA DEPARTMENT OF ENERGY DEPUTY SECRETARY OF ENERGY In the matter of: Southwestern Power Administration Sam Rayburn Dam Project Rate Rate Order No. SWPA–67 ORDER CONFIRMING, APPROVING AND PLACING INCREASED POWER RATE SCHEDULE IN EFFECT ON AN INTERIM BASIS Pursuant to Sections 302(a) and 301(b) of the Department of Energy Organization Act, Public Law 95–91, the functions of the Secretary of the Interior and the Federal Power Commission under Section 5 of the Flood Control Act of 1944, 16 U.S.C. 825s, relating to the Southwestern Power Administration (Southwestern) were transferred to and vested in the Secretary of Energy. By Delegation Order No. 00–037.00, the Secretary of Energy delegated to the Administrator of Southwestern the authority to develop power and transmission rates, delegated to the Deputy Secretary of the E:\FR\FM\22OCN1.SGM 22OCN1 62628 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices Department of Energy the authority to confirm, approve, and place in effect such rates on an interim basis, and delegated to the Federal Energy Regulatory Commission (FERC) the authority to confirm and approve on a final basis or to disapprove rates developed by the Administrator under the delegation. Pursuant to delegated authority, the Deputy Secretary issued this interim rate order. sroberts on DSK5SPTVN1PROD with FRONT MATTER BACKGROUND The Sam Rayburn Dam (Rayburn) is located on the Angelina River in the State of Texas in the Neches River Basin. Since the beginning of its operation in 1965, it has been marketed as an isolated project, under contract with Sam Rayburn Dam Electric Cooperative, Inc. (SRDEC) (Contract No. DE– PM75–92SW00215). FERC confirmation and approval of the current Rayburn rate schedule was provided in FERC Docket No. EF09–4021–000 issued on March 30, 2009, (126 FERC ¶ 62224) effective for the period January 1, 2009, through September 30, 2012. The rate was extended by the Deputy Secretary of Energy for the period October 1, 2012 through September 30, 2013 (77 FR 67813, November 14, 2012), and FERC was notified of the extension (Docket No. EF13–2–000). DISCUSSION Southwestern prepared a 2013 Current Power Repayment Study (PRS) which indicated that the existing rate would not satisfy present financial criteria regarding repayment of investment within a 50-year period due to increased U.S. Army Corps of Engineers (Corps) investments, replacements and operations and maintenance expenses in the hydroelectric generating facilities. The Revised PRS indicated the need for a 7.1 percent revenue increase. These preliminary results, which presented the basis for the proposed revenue increase, were provided to the customers for their review prior to the formal process. The final 2013 Revised PRS indicates that an increase in annual revenues of $280,248 (7.1 percent) is necessary beginning October 1, 2013, to accomplish repayment in the required number of years. Accordingly, Southwestern has prepared a proposed rate schedule based on the additional revenue requirement to ensure repayment. Southwestern conducted the rate adjustment proceeding in accordance with Title 10, part 903, subpart A of the Code of Federal Regulations, ‘‘Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions.’’ More specifically, opportunities for public review and comment during a 30-day period on the proposed Rayburn power rate were announced by a Federal Register notice published on August 6, 2013 (78 FR 47695). The combined Public Information and Comment Forum tentatively scheduled for August 27, 2013, in Tulsa, Oklahoma was not held because Southwestern did not receive any requests to hold such a forum. Southwestern provided the Federal Register notice, together with any requested supporting data, to the customer and interested parties for review and comment during the public comment period. VerDate Mar<15>2010 21:08 Oct 21, 2013 Jkt 232001 Southwestern will continue to perform its Power Repayment Studies annually, and if the 2014 results should indicate the need for additional revenues, another rate filing will be conducted and updated revenue requirements implemented for FY 2014 and thereafter. Following the conclusion of the comment period on September 5, 2013, Southwestern finalized the PRS and rate schedule for the proposed annual rate of $4,230,120 which is the lowest possible rate needed to satisfy repayment criteria. This rate represents an annual increase of 7.1 percent. The Administrator made the decision to submit the rate proposal for interim approval and implementation. COMMENTS AND RESPONSES Southwestern received one comment during the public comment period. That comment expressed no objection to the final proposed rate on behalf of the Sam Rayburn Dam Electric Cooperative, Inc. Daniel Poneman Deputy Secretary UNITED STATES DEPARTMENT OF ENERGY SOUTHWESTERN POWER ADMINISTRATION RATE SCHEDULE SRD–13 1 WHOLESALE RATES FOR HYDRO POWER AND ENERGY SOLD TO SAM RAYBURN DAM ELECTRIC COOPERATIVE, INC. (CONTRACT NO. DE– PM75–92SW00215) Effective: During the period October 1, 2013, through September 30, 2017, in accordance with interim approval from Rate Order No. SWPA–67 issued by the Deputy Secretary of Energy on September 30, 2013 and pursuant to final approval by the Federal Energy Regulatory Commission. Applicable: AVAILABILITY OF INFORMATION Information regarding this rate increase, including studies, comments and other supporting material, is available for public review and comment in the offices of Southwestern Power Administration, One West Third Street, Tulsa, OK 74103. To the power and energy purchased by Sam Rayburn Dam Electric Cooperative, Inc., (SRDEC) from the Southwestern Power Administration (Southwestern) under the terms and conditions of the Power Sales Contract dated October 7, 1992, for the sale of all Hydro Power and Energy generated at the Sam Rayburn Dam. ADMINISTRATION’S CERTIFICATION The 2013 Rayburn Revised PRS indicates that the increased power rate of $4,230,120 will repay all costs of the project including amortization of the power investment consistent with the provisions of Department of Energy Order No. RA 6120.2. In accordance with Delegation Order No. 00– 037.00 (December 6, 2001), and Section 5 of the Flood Control Act of 1944, the Administrator has determined that the proposed Rayburn rate is consistent with applicable law and the lowest possible rate consistent with sound business principles. Character and Conditions of Service: ENVIRONMENT The environmental impact of the rate increase proposal was evaluated in consideration of DOE’s guidelines for implementing the procedural provisions of the National Environmental Policy Act and was determined to fall within the class of actions that are categorically excluded from the requirements of preparing either an Environmental Impact Statement or an Environmental Assessment. ORDER In view of the foregoing and pursuant to the authority delegated to me by the Secretary of Energy, I hereby confirm, approve and place in effect on an interim basis, effective October 1, 2013, through September 30, 2017, the annual Sam Rayburn Dam rate of $4,230,120 for the sale of power and energy from the Sam Rayburn Dam project to the Sam Rayburn Dam Electric Cooperative Inc., under Contract No. DE– PM75–92SW00215. This rate shall remain in effect on an interim basis through September 30, 2017, or until the FERC confirms and approves the rate on a final basis, or until it is superseded by a subsequent rate. Dated: September 30, 2013 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Three-phase, alternating current, delivered at approximately 60 Hertz, at the nominal voltage, at the point of delivery, and in such quantities as are specified by contract. 1. Wholesale Rates, Terms, and Conditions for Hydro Power and Energy 1.1. These rates shall be applicable regardless of the quantity of Hydro Power and Energy available or delivered to SRDEC; provided, however, that if an Uncontrollable Force prevents utilization of both of the project’s power generating units for an entire billing period, and if during such billing period water releases were being made which otherwise would have been used to generate Hydro Power and Energy, then Southwestern shall, upon request by SRDEC, suspend billing for subsequent billing periods, until such time as at least one of the project’s generating units is again available. 1.2. The term ‘‘Uncontrollable Force,’’ as used herein, shall mean any force which is not within the control of the party affected, including, but not limited to, failure of water supply, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, riot, civil disturbance, labor disturbance, sabotage, war, acts of war, terrorist acts, or restraint by court of general jurisdiction, which by exercise of due diligence and foresight such party could not reasonably have been expected to avoid. 1.3. Hydro Power Rates, Terms, and Conditions 1.3.1. Monthly Charge for the Period of October 1, 2013 through September 30, 2017 $352,510 per month ($4,230,120 per year) for Sam Rayburn Dam Hydro Power and 1 Supersedes E:\FR\FM\22OCN1.SGM Rate Schedule SRD–08 22OCN1 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Notices Energy purchased by SRDEC from October 1, 2013, through September 30, 2017. [FR Doc. 2013–24601 Filed 10–21–13; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2005–0023; FRL—9901–73– OW] Proposed Information Collection Request; Comment Request; Clean Water Act Section 404 State-Assumed Programs (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency is planning to submit an information collection request (ICR), ‘‘Clean Water Act Section 404 StateAssumed Programs’’ (EPA ICR No. 0220.12, OMB Control No. 2040–0168) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through January 31, 2014. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Comments must be submitted on or before December 23, 2013. ADDRESSES: Submit your comments, referencing Docket ID No. EPA–HQ– OW–2005–0023, online using www.regulations.gov (our preferred method), by email to ow-docket@ epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Office of Wetlands, Oceans, and Watersheds, Wetlands Division (4502T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; sroberts on DSK5SPTVN1PROD with FRONT MATTER SUMMARY: VerDate Mar<15>2010 21:08 Oct 21, 2013 Jkt 232001 telephone: 202–566–1348; fax number: 202–566–1349; email address: hurld.kathy@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. Abstract: Section 404(g) of the Clean Water Act authorizes States [and Tribes] to assume the section 404 permit program for discharges of dredged or fill material into certain Waters of the U.S. This ICR covers the collection of information EPA needs to perform its program approval and oversight responsibilities and the State/Tribe needs to implement its program. Request to assume CWA section 404 permit program. States/Tribes must demonstrate that they meet the statutory and regulatory requirements (40 CFR 233) for an approvable program. Specified information and documents must be submitted by the State/Tribe to EPA to request assumption and must be sufficient to enable EPA to undertake a PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 62629 thorough analysis of the State/Tribal program. Once the required information and documents are submitted and EPA has a complete assumption request package, the statutory time clock for EPA’s decision to either approve or disapprove the State/Tribe’s assumption request starts. The information contained in the assumption request submission is provided to the other involved Federal agencies (Corps of Engineers, US Fish and Wildlife Service, and National Marine Fisheries Service) and to the general public for review and comment. States/Tribes with assumed programs must be able to issue permits that assure compliance with all applicable statutory and regulatory requirements, including the 404(b)(1) Guidelines. Sufficient information must be provided in the application so that States/Tribes, and Federal agencies reviewing the permit, are able to evaluate, avoid, minimize and compensate for any anticipated impacts resulting from the proposed project. EPA’s assumption regulations establish required and recommended elements that should be included in the State/Tribe’s permit application, so that sufficient information is available to make a thorough analysis of anticipated impacts. (40 CFR 233.30). These minimum information requirements generally reflect the information that must be submitted when applying for a section 404 permit from the Corps of Engineers. (CWA section 404(h); CWA section 404(j); 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50; 33 CFR 325). EPA has an oversight role for assumed 404 permitting programs to ensure that State/Tribal programs are in compliance with applicable requirements and that State/Tribal permit decisions adequately consider, avoid, minimize and compensate for anticipated impacts. States/Tribes must evaluate their programs annually and submit the results in a report to EPA. EPA’s assumption regulations establish minimum requirements for the annual report (40 CFR 233.52). The information included in the State/Tribe’s assumption request and the information included in a permit application is made available for public review and comment. The information included in the annual report to EPA is made available to the public. EPA does not make any assurances of confidentiality for this information. Form numbers: None. Respondents/affected entities: Entities potentially affected by this action are those States/Tribes requesting assumption of the Clean Water Act section 404 permit program; States/ E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62627-62629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24601]


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DEPARTMENT OF ENERGY

Southwestern Power Administration


Sam Rayburn Dam Rate

AGENCY: Southwestern Power Administration, DOE.

ACTION: Notice of Rate Order.

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SUMMARY: The U.S. Department of Energy Deputy Secretary has approved 
and placed into effect on an interim basis Rate Order No. SWPA-67, 
which increases the power rate for the Sam Rayburn Dam (Rayburn) 
project pursuant to the Rayburn rate schedule (SRD-13) to supersede the 
existing rate schedule.

DATES: The effective period for the rate schedule specified in Rate 
Order No. SWPA-67 is October 1, 2013, through September 30, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. James K. McDonald, Vice President 
for Corporate Operations/Chief Operating Officer, Southwestern Power 
Administration, U.S. Department of Energy, One West Third Street, 
Tulsa, Oklahoma 74103, (918) 595-6690 (office), (918) 595-6656 (fax), 
jim.mcdonald@swpa.gov.

SUPPLEMENTARY INFORMATION: Rate Order No. SWPA-67, which has been 
approved and placed into effect on an interim basis, increases the 
power rate for the Rayburn project pursuant to the following rate 
schedule:

    Rate Schedule SRD-13, Wholesale Rates for Hydro Power and Energy 
Sold to Sam Rayburn Dam Electric Cooperative, Inc. (Contract No. DE-
PM75-92SW00215)

The rate schedule supersedes the existing rate schedule shown below:

    Rate Schedule SRD-08, Wholesale Rates for Hydro Power and Energy 
Sold to Sam Rayburn Dam Electric Cooperative, Inc. (Contract No. DE-
PM75-92SW00215) (superseded by SRD-13)

Southwestern Power Administration's (Southwestern) Administrator has 
determined, based on the 2013 Rayburn Current Power Repayment Study, 
that existing rates will not satisfy cost recovery criteria specified 
in Department of Energy Order No. RA 6120.2 and Section 5 of the Flood 
Control Act of 1944. The finalized 2013 Rayburn Revised Power Repayment 
Studies (PRSs) indicate that an increase in annual revenue of $280,248, 
or 7.1 percent, beginning October 1, 2013, will satisfy cost recovery 
criteria for the Rayburn project. The proposed Rayburn rate schedule 
would increase annual revenues from $3,949,872 to $4,230,120, to 
recover increased U.S. Army Corps of Engineers' (Corps) investments and 
replacements in the hydroelectric generating facility and increased 
operations and maintenance costs.
    The Administrator has followed Title 10, part 903 subpart A, of the 
Code of Federal Regulations, ``Procedures for Public Participation in 
Power and Transmission Rate Adjustments and Extensions'' in connection 
with the proposed rate schedule. On August 6, 2013, Southwestern 
published notice in the Federal Register, (78 FR 47695), of the 
proposed rate increase for the Rayburn project. Southwestern provided a 
30-day comment period as an opportunity for customers and other 
interested members of the public to review and comment on the proposed 
rate increase. Southwestern did not hold the combined Public 
Information and Comment Forum (Forum) because Southwestern did not 
receive any requests to hold the Forum. One comment was received from 
Gillis, Borchardt and Barthel, LLP, on behalf of the Sam Rayburn Dam 
Electric Cooperative, Inc., which stated no objection to the proposed 
rate adjustment.
    Information regarding this rate proposal, including studies and 
other supporting material, is available for public review and comment 
in the offices of Southwestern Power Administration, Williams Center 
Tower I, One West Third Street, Tulsa, Oklahoma 74103. Following review 
of Southwestern's proposal within the Department of Energy, I hereby 
approve Rate Order No. SWPA-67 which increases the existing Sam Rayburn 
Dam rate to $4,230,120 per year for the period October 1, 2013 through 
September 30, 2017. Rate Order No. SWPA-67 will be submitted to FERC 
for confirmation and approval on a final basis.
    The Administrative Procedure Act requires that publication of a 
substantive rule be made not less than 30 days before its effective 
date, except, in relevant part, if the agency has good cause to waive 
the delay requirement (5 U.S.C. 553(d)). Southwestern finds good cause 
to waive the 30-day delay in effective date, placing the rates in 
effect on an interim basis starting October 1, 2013, because the 
current rate is insufficient to recover costs as required by statute; 
no change to the standard October 1 date of implementation is being 
made; and no comments were received and no revisions were made to the 
proposed rates.

    Dated: September 30, 2013.
Daniel Poneman,
Deputy Secretary.

UNITED STATES OF AMERICA

DEPARTMENT OF ENERGY

DEPUTY SECRETARY OF ENERGY

In the matter of: Southwestern Power Administration Sam Rayburn Dam 
Project Rate Rate Order No. SWPA-67

ORDER CONFIRMING, APPROVING AND PLACING INCREASED POWER RATE SCHEDULE 
IN EFFECT ON AN INTERIM BASIS

    Pursuant to Sections 302(a) and 301(b) of the Department of 
Energy Organization Act, Public Law 95-91, the functions of the 
Secretary of the Interior and the Federal Power Commission under 
Section 5 of the Flood Control Act of 1944, 16 U.S.C. 825s, relating 
to the Southwestern Power Administration (Southwestern) were 
transferred to and vested in the Secretary of Energy. By Delegation 
Order No. 00-037.00, the Secretary of Energy delegated to the 
Administrator of Southwestern the authority to develop power and 
transmission rates, delegated to the Deputy Secretary of the

[[Page 62628]]

Department of Energy the authority to confirm, approve, and place in 
effect such rates on an interim basis, and delegated to the Federal 
Energy Regulatory Commission (FERC) the authority to confirm and 
approve on a final basis or to disapprove rates developed by the 
Administrator under the delegation. Pursuant to delegated authority, 
the Deputy Secretary issued this interim rate order.

BACKGROUND

    The Sam Rayburn Dam (Rayburn) is located on the Angelina River 
in the State of Texas in the Neches River Basin. Since the beginning 
of its operation in 1965, it has been marketed as an isolated 
project, under contract with Sam Rayburn Dam Electric Cooperative, 
Inc. (SRDEC) (Contract No. DE-PM75-92SW00215).
    FERC confirmation and approval of the current Rayburn rate 
schedule was provided in FERC Docket No. EF09-4021-000 issued on 
March 30, 2009, (126 FERC ] 62224) effective for the period January 
1, 2009, through September 30, 2012. The rate was extended by the 
Deputy Secretary of Energy for the period October 1, 2012 through 
September 30, 2013 (77 FR 67813, November 14, 2012), and FERC was 
notified of the extension (Docket No. EF13-2-000).

DISCUSSION

    Southwestern prepared a 2013 Current Power Repayment Study (PRS) 
which indicated that the existing rate would not satisfy present 
financial criteria regarding repayment of investment within a 50-
year period due to increased U.S. Army Corps of Engineers (Corps) 
investments, replacements and operations and maintenance expenses in 
the hydroelectric generating facilities. The Revised PRS indicated 
the need for a 7.1 percent revenue increase. These preliminary 
results, which presented the basis for the proposed revenue 
increase, were provided to the customers for their review prior to 
the formal process.
    The final 2013 Revised PRS indicates that an increase in annual 
revenues of $280,248 (7.1 percent) is necessary beginning October 1, 
2013, to accomplish repayment in the required number of years. 
Accordingly, Southwestern has prepared a proposed rate schedule 
based on the additional revenue requirement to ensure repayment.
    Southwestern conducted the rate adjustment proceeding in 
accordance with Title 10, part 903, subpart A of the Code of Federal 
Regulations, ``Procedures for Public Participation in Power and 
Transmission Rate Adjustments and Extensions.'' More specifically, 
opportunities for public review and comment during a 30-day period 
on the proposed Rayburn power rate were announced by a Federal 
Register notice published on August 6, 2013 (78 FR 47695). The 
combined Public Information and Comment Forum tentatively scheduled 
for August 27, 2013, in Tulsa, Oklahoma was not held because 
Southwestern did not receive any requests to hold such a forum. 
Southwestern provided the Federal Register notice, together with any 
requested supporting data, to the customer and interested parties 
for review and comment during the public comment period.
    Southwestern will continue to perform its Power Repayment 
Studies annually, and if the 2014 results should indicate the need 
for additional revenues, another rate filing will be conducted and 
updated revenue requirements implemented for FY 2014 and thereafter.
    Following the conclusion of the comment period on September 5, 
2013, Southwestern finalized the PRS and rate schedule for the 
proposed annual rate of $4,230,120 which is the lowest possible rate 
needed to satisfy repayment criteria. This rate represents an annual 
increase of 7.1 percent. The Administrator made the decision to 
submit the rate proposal for interim approval and implementation.

COMMENTS AND RESPONSES

    Southwestern received one comment during the public comment 
period. That comment expressed no objection to the final proposed 
rate on behalf of the Sam Rayburn Dam Electric Cooperative, Inc.

AVAILABILITY OF INFORMATION

    Information regarding this rate increase, including studies, 
comments and other supporting material, is available for public 
review and comment in the offices of Southwestern Power 
Administration, One West Third Street, Tulsa, OK 74103.

ADMINISTRATION'S CERTIFICATION

    The 2013 Rayburn Revised PRS indicates that the increased power 
rate of $4,230,120 will repay all costs of the project including 
amortization of the power investment consistent with the provisions 
of Department of Energy Order No. RA 6120.2. In accordance with 
Delegation Order No. 00-037.00 (December 6, 2001), and Section 5 of 
the Flood Control Act of 1944, the Administrator has determined that 
the proposed Rayburn rate is consistent with applicable law and the 
lowest possible rate consistent with sound business principles.

ENVIRONMENT

    The environmental impact of the rate increase proposal was 
evaluated in consideration of DOE's guidelines for implementing the 
procedural provisions of the National Environmental Policy Act and 
was determined to fall within the class of actions that are 
categorically excluded from the requirements of preparing either an 
Environmental Impact Statement or an Environmental Assessment.

ORDER

    In view of the foregoing and pursuant to the authority delegated 
to me by the Secretary of Energy, I hereby confirm, approve and 
place in effect on an interim basis, effective October 1, 2013, 
through September 30, 2017, the annual Sam Rayburn Dam rate of 
$4,230,120 for the sale of power and energy from the Sam Rayburn Dam 
project to the Sam Rayburn Dam Electric Cooperative Inc., under 
Contract No. DE-PM75-92SW00215. This rate shall remain in effect on 
an interim basis through September 30, 2017, or until the FERC 
confirms and approves the rate on a final basis, or until it is 
superseded by a subsequent rate.

Dated: September 30, 2013
Daniel Poneman
Deputy Secretary

UNITED STATES DEPARTMENT OF ENERGY

SOUTHWESTERN POWER ADMINISTRATION

RATE SCHEDULE SRD-13 \1\ WHOLESALE RATES FOR HYDRO POWER AND ENERGY 
SOLD TO SAM RAYBURN DAM ELECTRIC COOPERATIVE, INC. (CONTRACT NO. DE-
PM75-92SW00215)
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    \1\ Supersedes Rate Schedule SRD-08
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Effective:

    During the period October 1, 2013, through September 30, 2017, 
in accordance with interim approval from Rate Order No. SWPA-67 
issued by the Deputy Secretary of Energy on September 30, 2013 and 
pursuant to final approval by the Federal Energy Regulatory 
Commission.

Applicable:

    To the power and energy purchased by Sam Rayburn Dam Electric 
Cooperative, Inc., (SRDEC) from the Southwestern Power 
Administration (Southwestern) under the terms and conditions of the 
Power Sales Contract dated October 7, 1992, for the sale of all 
Hydro Power and Energy generated at the Sam Rayburn Dam.

Character and Conditions of Service:

    Three-phase, alternating current, delivered at approximately 60 
Hertz, at the nominal voltage, at the point of delivery, and in such 
quantities as are specified by contract.

1. Wholesale Rates, Terms, and Conditions for Hydro Power and Energy

    1.1. These rates shall be applicable regardless of the quantity 
of Hydro Power and Energy available or delivered to SRDEC; provided, 
however, that if an Uncontrollable Force prevents utilization of 
both of the project's power generating units for an entire billing 
period, and if during such billing period water releases were being 
made which otherwise would have been used to generate Hydro Power 
and Energy, then Southwestern shall, upon request by SRDEC, suspend 
billing for subsequent billing periods, until such time as at least 
one of the project's generating units is again available.
    1.2. The term ``Uncontrollable Force,'' as used herein, shall 
mean any force which is not within the control of the party 
affected, including, but not limited to, failure of water supply, 
failure of facilities, flood, earthquake, storm, lightning, fire, 
epidemic, riot, civil disturbance, labor disturbance, sabotage, war, 
acts of war, terrorist acts, or restraint by court of general 
jurisdiction, which by exercise of due diligence and foresight such 
party could not reasonably have been expected to avoid.

1.3. Hydro Power Rates, Terms, and Conditions

1.3.1. Monthly Charge for the Period of October 1, 2013 through 
September 30, 2017

    $352,510 per month ($4,230,120 per year) for Sam Rayburn Dam 
Hydro Power and

[[Page 62629]]

Energy purchased by SRDEC from October 1, 2013, through September 
30, 2017.

[FR Doc. 2013-24601 Filed 10-21-13; 8:45 am]
BILLING CODE 6450-01-P

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