Loveland Area Projects-2025 Power Marketing Initiative, 79444-79446 [2013-31220]

Download as PDF 79444 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices maindgalligan on DSK5TPTVN1PROD with NOTICES not consider applications submitted before publication of this notice or after the deadline specified in the DATES section. Application forms are available upon request or may be accessed and/ or submitted online at http:// www.wapa.gov/dsw/pwrmkt/BCP_ Remarketing/BCP_Remarketing.htm. Applicant Profile Data Application The content and format of the APD are outlined below. Applicants must provide all requested information, or the most reasonable available estimate, or should indicate ‘‘not applicable’’ if they have no information to be considered for a requested item. Western is not responsible for errors in data or missing pages. All items of information in the APD should be answered as if prepared by the entity seeking the allocation. The APD includes the following: 1. Applicant: a. Applicant’s (entity requesting a new allocation) name and address. b. Person(s) representing applicant: Please provide the name, title, address, telephone and fax number, and email address of such person(s). c. Type of organization: For example, Federal or state agency, irrigation district, municipal, rural, industrial user, municipality, Native American tribe, public utility district, or rural electric cooperative. d. Parent organization of applicant, if any. e. Name of members or suballottees, if any. f. Applicable law under which the organization was established. g. Applicant’s geographic service area: If available, submit a map of the service area, and indicate the date prepared. h. Describe the entity/organization that will interact with Western on contract and billing matters. i. The amount of power the applicant is requesting to be provided by Western. 2. Loads: a. All Applicants: i. If applicable, number and type of customers served in one of the last three calendar years including calendar years 2011, 2012, or 2013; e.g., residential, commercial, industrial, military base, agricultural. ii. The actual monthly maximum demand (in kilowatts) and energy use (in kilowatt hours) experienced in one of the last three calendar years including calendar years 2011, 2012, or 2013. iii. For Native American tribe applicants, if actual demand and energy data is not available, provide estimated monthly demand (in kilowatts) with a description of the method and basis for this estimated demand. VerDate Mar<15>2010 17:15 Dec 27, 2013 Jkt 232001 3. Resources: a. A list of current power supplies, including the applicant’s own generation and purchases from others. For each supply, provide the amount of capacity received from that power supply and its location. b. Status of power supply contract(s), including a contract termination date. Indicate whether power supply is on a firm basis or some other type of arrangement. 4. Transmission: a. Point(s) of delivery: BCP will be delivered at Mead Substation. Applicants may provide preferred point(s) of delivery on Western’s transmission system or a third party’s system and the required service voltage. The applicant will ultimately be responsible for acquiring transmission to alternate delivery points. b. Transmission arrangement: Describe the applicant’s transmission arrangements necessary to deliver power to the requested points of delivery beyond Western’s transmission system. Provide a single-line drawing of applicant’s system, if available. c. Provide a brief explanation of the applicant’s ability to receive and use, or receive and distribute Federal power as of October 1, 2017. 5. Other Information: The applicant may provide any other information pertinent to receiving an allocation. 6. Signature: The signature and title of an appropriate official who is able to attest to the validity of the APD and who is authorized to submit the request for an allocation is required. Western’s Consideration of Applications Upon receiving the APD, Western will verify that the applicant meets the eligibility criteria contained in the 2012 Conformed Criteria and that the application contains all information requested in the APD. a. Western may request, in writing, additional information from any applicant whose APD is determined to be deficient. The applicant will have 15 calendar days from the date on Western’s letter of request to provide the information. b. If Western determines the applicant does not meet the eligibility criteria, Western will send a letter explaining why the applicant did not qualify. c. If the applicant has met the eligibility criteria, Western, through the public process, will determine the amount of power, if any, to allocate in accordance with the marketing criteria. Western will send a draft contract to the applicant that identifies the terms and conditions of the offer and the amount of power allocated to the applicant. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Regulatory Procedure Requirements Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Environmental Compliance In accordance with the DOE National Environmental Policy Act Implementing Procedures (10 CFR 1021), Western has determined that these actions fit within a class of action B4.1 Contracts, policies, and marketing and allocation plans for electric power, in Appendix B to Subpart D to Part 1021—Categorical Exclusions Applicable to Specific Agency Actions. Dated: December 17, 2013 Mark A. Gabriel, Administrator. [FR Doc. 2013–31214 Filed 12–27–13; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Western Area Power Administration Loveland Area Projects—2025 Power Marketing Initiative Western Area Power Administration, DOE. ACTION: Notice of Final 2025 Power Marketing Initiative. AGENCY: Western Area Power Administration (Western), Rocky Mountain Region, a Federal power marketing agency of the Department of Energy (DOE), announces the 2025 Power Marketing Initiative (2025 PMI). The 2025 PMI provides the basis for marketing the long-term firm hydroelectric resources of the Loveland Area Projects (LAP) beginning with the Federal fiscal year 2025. Western’s Firm Electric Service (FES) contracts associated with the current marketing plan expire September 30, 2024. The 2025 PMI extends the current marketing plan, with amendments to key marketing plan principles. Western’s proposed 2025 PMI was published in the Federal Register on October 17, 2011. Responses to public comments are included in this notice. This Federal Register notice is published to announce Western’s decisions for the 2025 PMI. DATES: The 2025 PMI will become effective January 29, 2014. ADDRESSES: Information regarding the 2025 PMI, including comments, letters, and other supporting documents made SUMMARY: E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices or retained by Western for the purpose of developing this 2025 PMI, are available for public inspection and copying at Western Area Power Administration, Rocky Mountain Region, 5555 East Crossroads Boulevard, Loveland, CO 80538–8986. FOR FURTHER INFORMATION CONTACT: Mr. John C. Gierard, Hydraulic Engineer, Western Area Power Administration, Rocky Mountain Region, 5555 East Crossroads Boulevard, Loveland, CO 80538–8986, telephone (970) 461–7445, email gierard@wapa.gov. SUPPLEMENTARY INFORMATION: Current Marketing Plan Background The Post-1989 General Power Marketing and Allocation Criteria (Post1989 Plan) for the Pick-Sloan Missouri Basin Program-Western Division and the Fryingpan-Arkansas Project (collectively known as Loveland Area Projects or LAP) was published in the Federal Register (51 FR 4012, January 31, 1986) and provided the marketing plan principles used to market LAP firm hydropower resources. The FES contracts associated with the Post-1989 Plan were initially to expire September 30, 2004. Subpart C of the Energy Planning and Management Program (EPAMP) final rule, published in the Federal Register (60 FR 54151, October 20, 1995), extended and amended the Post-1989 Plan. EPAMP authorized extending the FES contracts associated with the Post-1989 Plan through September 30, 2024, and established the Post-2004, Post-2009, and Post-2014 resource pools. The current marketing plan is inclusive of the Post-1989 Plan as extended and amended by EPAMP and the Post-2004, Post-2009, and Post2014 power marketing initiatives. proposal supported Western extending the current marketing plan with amendments to the Contract Term and Resource Pool principles. Western published its proposed 2025 PMI in the Federal Register (76 FR 64083, October 17, 2011) and initiated a 106-day public comment period. Public information and comment forums on the proposed 2025 PMI were held on November 29, 2011, in Loveland, Colorado, and November 30, 2011, in Topeka, Kansas. Western received no oral comments during the public comment forums and nine comment letters during the public comment period, which closed at 4 p.m. M.S.T., January 30, 2012. Western’s responses to the comments contained in the public comment letters are included in this notice. After consideration of public comments received, Western has decided to finalize the proposed 2025 PMI as published in the Federal Register (76 FR 64083, October 17, 2011). Response to Comments Regarding the Proposed 2025 PMI The public comments below regarding the proposed 2025 PMI are paraphrased for brevity when not affecting the meaning of the statement(s). 2025 PMI General Comment Comment: All comments received supported the 2025 PMI proposal. Further, the comments indicated the 2025 PMI proposal provided certainty in planning and a sense of energy security. Response: Western appreciates the support for the 2025 PMI proposal published in the Federal Register (76 FR 64083, October 17, 2011). maindgalligan on DSK5TPTVN1PROD with NOTICES 2025 PMI Amended Marketing Plan Principles and Comments Western initiated informal 2025 PMI discussions with LAP FES customers in the summer of 2011 by holding meetings in the Rocky Mountain Region. In addition, Western held meetings with Native American tribal governments in Kansas and Wyoming to initiate government-to-government consultation with tribal FES customers. The meetings provided customers the opportunity to review current marketing plan principles and provide informal input to Western for consideration in the 2025 PMI proposal. Key marketing plan principles discussed with FES customers included: Contract Term, Resource Pools, Marketable Resource, Hydrology and River Operations Withdrawal Provision, Marketing Area, and Mt. Elbert Pumped-Storage. Customer input for the 2025 PMI 1. Proposed Contract Term: A 30-year contract term would be used for FES contracts. The FES contract term would begin October 1, 2024, and expire September 30, 2054. Comment: All comments Western received supported the proposed 30year contract term, although one comment also suggested Western consider a 40-year contract term. Commenters stated a 30-year contract term would provide assurance that the customers who have funded needed capital investments would receive the benefits of that commitment. Comments further indicated the 30-year contract term would provide certainty in customer planning; not adversely affect Western’s Federal power program responsibilities; and extend the long standing tradition of working together. VerDate Mar<15>2010 17:15 Dec 27, 2013 Jkt 232001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 79445 Response: Western considered a 40year contract term; however, it agrees with the comments above and believes the 30-year contract term strikes the best balance between the customers’ need for assurance and Western’s need for flexibility. Western clarifies it will execute contracts prior to October 1, 2024, committing the LAP resource for a 30-year period from October 1, 2024, and continuing through September 30, 2054. Western also recognizes and appreciates the customers’ unique contribution in providing funding for needed capital investments in support of the Federal power program. 2. Proposed Resource Pools: The proposed 2025 PMI provides for three resource pools of up to 1 percent of the marketable resource under contract at the time of each reallocation to be available for eligible new preference entities. Reallocations would occur at the beginning of the October 1, 2024, contract term and again every 10 years thereafter on October 1, 2034, and October 1, 2044. Comment: Customers supported the proposed structure and timing of resource pools stating they will ensure that eligible entities not currently receiving the benefits of LAP hydropower will be able to seek an allocation in the future. It also will ensure fairness among entities through an equitable process. Response: Western appreciates the customers’ support of the proposed resource pools. The resource pools allow Western to market allocations of firm power to eligible new preference entities in such a manner as to promote the most widespread use, in accordance with Federal Reclamation law. Extended Marketing Plan Principles and Comments 1. Proposed Marketable Resource: Extend the existing contract rates of delivery commitments, with associated energy, to existing long-term FES customers reduced by up to 1 percent for each new resource pool on October 1, 2024, October 1, 2034, and October 1, 2044. Comment: Two commenters specifically supported continuation of the current marketable resource, noting Western worked with the United States Bureau of Reclamation in analyzing historic hydrologic data to affirm the viability of the current marketable resource. Response: Western appreciates the customers’ support of its determination of marketable resource. 2. Proposed Hydrology and River Operations Withdrawal Provision: E:\FR\FM\30DEN1.SGM 30DEN1 79446 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices Western would reserve the right to adjust, at its discretion and sole determination, the contract rate of delivery on 5 years advance written notice in response to changes in hydrology and river operations. Comment: It was noted Western’s proposed withdrawal provision fairly reflects the variety of forces that could impact Western’s administration of LAP and would provide Western with the tools to address any substantial changes in hydrology and river operations. Response: Western appreciates the customers’ support of flexibility for Western to adjust contract rates of delivery in response to changes in hydrology and river operations. 3. Proposed Marketing Area: Western would continue the current LAP marketing area which is the portion of Colorado east of the Continental Divide; Mountain Parks Electric, Inc.’s service territory in Colorado west of the Continental Divide; the portion of Kansas located in the Missouri River Basin; the portion of Kansas west of the eastern borders of the counties intersected by the 100th Meridian; the portion of Nebraska west of the 101st Meridian; and Wyoming east of the Continental Divide. Comment: Customers supported continuing the current LAP marketing area and commented that since LAP is a finite and defined resource, expansion of the marketing area is impracticable. Response: Western appreciates the customers’ support of the proposed LAP marketing area. 4. Proposed Mt. Elbert PumpedStorage: Western would extend the current Mt. Elbert Pumped-Storage contract provisions, which provide for pumped-storage energy. Comment: Western received no comments on the proposed Mt. Elbert Pumped-Storage. maindgalligan on DSK5TPTVN1PROD with NOTICES Final 2025 PMI Western will extend the current marketing plan with amendments to the Contract Term and Resource Pool principles. The marketing plan principles that are amended as well as the marketing plan principles that are extended are as follows: Amended Marketing Plan Principles 1. Contract Term: Western extends its commitment of the LAP resource for a 30-year period beginning October 1, 2024, and continuing through September 30, 2054. 2. Resource Pools: The 2025 PMI provides resource pools of up to 1 percent of the marketable resource under contract at the time for eligible new preference entities. Reallocations VerDate Mar<15>2010 17:15 Dec 27, 2013 Jkt 232001 will occur beginning October 1, 2024, and again every 10 years thereafter (October 1, 2034, and October 1, 2044). Extended Marketing Plan Principles Extension of the current marketing plan includes all provisions and principles not specifically addressed in the preceding section entitled ‘‘Amended Marketing Plan Principles.’’ The following key principles of the current LAP marketing plan were discussed with FES customers during the proposed 2025 PMI informal customer input phase and the formal public information forums and are included below for reference purposes. 1. Marketable Resource: The contractually committed contract rate of delivery and associated energy in effect on September 30, 2024, will be extended subject to up to 1 percent reduction for each of the resource pools taking effect on October 1, 2024, October 1, 2034, and October 1, 2044. 2. Hydrology and River Operations Withdrawal Provision: Western reserves the right to adjust, at its discretion and sole determination, the contract rate of delivery on 5 years advance written notice in response to changes in hydrology and river operations. 3. Marketing Area: The LAP marketing area will be the portion of Colorado east of the Continental Divide; Mountain Parks Electric, Inc.’s service territory in Colorado west of the Continental Divide; the portion of Kansas located in the Missouri River Basin; the portion of Kansas west of the eastern borders of the counties intersected by the 100th Meridian; the portion of Nebraska west of the 101st Meridian; and Wyoming east of the Continental Divide. 4. Mt. Elbert Pumped-Storage: The full 200 MW of Mt. Elbert capacity is included in the LAP capacity allocations. Only flow-through generation is included in LAP energy allocations, and customers may schedule capacity without energy. Offpeak energy must be returned to Western commensurate with any onpeak energy taken. 2025 PMI Procedures Requirements Environmental Compliance In compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321–4347 (2007)); the Council on Environmental Quality Regulations for Implementing NEPA (40 CFR parts 1500–1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western has determined this action is categorically excluded from further NEPA review. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Dated: December 20, 2013. Mark A. Gabriel, Administrator. [FR Doc. 2013–31220 Filed 12–27–13; 8:45 am] BILLING CODE 6450–01–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested Federal Communications Commission. ACTION: Notice; request for comments. AGENCY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission (FCC) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and further ways to reduce the information burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid Control Number. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before February 28, 2014. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of SUMMARY: E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79444-79446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31220]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Western Area Power Administration


Loveland Area Projects--2025 Power Marketing Initiative

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of Final 2025 Power Marketing Initiative.

-----------------------------------------------------------------------

SUMMARY: Western Area Power Administration (Western), Rocky Mountain 
Region, a Federal power marketing agency of the Department of Energy 
(DOE), announces the 2025 Power Marketing Initiative (2025 PMI). The 
2025 PMI provides the basis for marketing the long-term firm 
hydroelectric resources of the Loveland Area Projects (LAP) beginning 
with the Federal fiscal year 2025. Western's Firm Electric Service 
(FES) contracts associated with the current marketing plan expire 
September 30, 2024. The 2025 PMI extends the current marketing plan, 
with amendments to key marketing plan principles.
    Western's proposed 2025 PMI was published in the Federal Register 
on October 17, 2011. Responses to public comments are included in this 
notice. This Federal Register notice is published to announce Western's 
decisions for the 2025 PMI.

DATES: The 2025 PMI will become effective January 29, 2014.

ADDRESSES: Information regarding the 2025 PMI, including comments, 
letters, and other supporting documents made

[[Page 79445]]

or retained by Western for the purpose of developing this 2025 PMI, are 
available for public inspection and copying at Western Area Power 
Administration, Rocky Mountain Region, 5555 East Crossroads Boulevard, 
Loveland, CO 80538-8986.

FOR FURTHER INFORMATION CONTACT: Mr. John C. Gierard, Hydraulic 
Engineer, Western Area Power Administration, Rocky Mountain Region, 
5555 East Crossroads Boulevard, Loveland, CO 80538-8986, telephone 
(970) 461-7445, email gierard@wapa.gov.

SUPPLEMENTARY INFORMATION: 

Current Marketing Plan Background

    The Post-1989 General Power Marketing and Allocation Criteria 
(Post-1989 Plan) for the Pick-Sloan Missouri Basin Program-Western 
Division and the Fryingpan-Arkansas Project (collectively known as 
Loveland Area Projects or LAP) was published in the Federal Register 
(51 FR 4012, January 31, 1986) and provided the marketing plan 
principles used to market LAP firm hydropower resources. The FES 
contracts associated with the Post-1989 Plan were initially to expire 
September 30, 2004. Subpart C of the Energy Planning and Management 
Program (EPAMP) final rule, published in the Federal Register (60 FR 
54151, October 20, 1995), extended and amended the Post-1989 Plan. 
EPAMP authorized extending the FES contracts associated with the Post-
1989 Plan through September 30, 2024, and established the Post-2004, 
Post-2009, and Post-2014 resource pools. The current marketing plan is 
inclusive of the Post-1989 Plan as extended and amended by EPAMP and 
the Post-2004, Post-2009, and Post-2014 power marketing initiatives.

2025 PMI

    Western initiated informal 2025 PMI discussions with LAP FES 
customers in the summer of 2011 by holding meetings in the Rocky 
Mountain Region. In addition, Western held meetings with Native 
American tribal governments in Kansas and Wyoming to initiate 
government-to-government consultation with tribal FES customers. The 
meetings provided customers the opportunity to review current marketing 
plan principles and provide informal input to Western for consideration 
in the 2025 PMI proposal. Key marketing plan principles discussed with 
FES customers included: Contract Term, Resource Pools, Marketable 
Resource, Hydrology and River Operations Withdrawal Provision, 
Marketing Area, and Mt. Elbert Pumped-Storage. Customer input for the 
2025 PMI proposal supported Western extending the current marketing 
plan with amendments to the Contract Term and Resource Pool principles.
    Western published its proposed 2025 PMI in the Federal Register (76 
FR 64083, October 17, 2011) and initiated a 106-day public comment 
period. Public information and comment forums on the proposed 2025 PMI 
were held on November 29, 2011, in Loveland, Colorado, and November 30, 
2011, in Topeka, Kansas. Western received no oral comments during the 
public comment forums and nine comment letters during the public 
comment period, which closed at 4 p.m. M.S.T., January 30, 2012.
    Western's responses to the comments contained in the public comment 
letters are included in this notice. After consideration of public 
comments received, Western has decided to finalize the proposed 2025 
PMI as published in the Federal Register (76 FR 64083, October 17, 
2011).

Response to Comments Regarding the Proposed 2025 PMI

    The public comments below regarding the proposed 2025 PMI are 
paraphrased for brevity when not affecting the meaning of the 
statement(s).

2025 PMI General Comment

    Comment: All comments received supported the 2025 PMI proposal. 
Further, the comments indicated the 2025 PMI proposal provided 
certainty in planning and a sense of energy security.
    Response: Western appreciates the support for the 2025 PMI proposal 
published in the Federal Register (76 FR 64083, October 17, 2011).

Amended Marketing Plan Principles and Comments

    1. Proposed Contract Term: A 30-year contract term would be used 
for FES contracts. The FES contract term would begin October 1, 2024, 
and expire September 30, 2054.
    Comment: All comments Western received supported the proposed 30-
year contract term, although one comment also suggested Western 
consider a 40-year contract term. Commenters stated a 30-year contract 
term would provide assurance that the customers who have funded needed 
capital investments would receive the benefits of that commitment. 
Comments further indicated the 30-year contract term would provide 
certainty in customer planning; not adversely affect Western's Federal 
power program responsibilities; and extend the long standing tradition 
of working together.
    Response: Western considered a 40-year contract term; however, it 
agrees with the comments above and believes the 30-year contract term 
strikes the best balance between the customers' need for assurance and 
Western's need for flexibility. Western clarifies it will execute 
contracts prior to October 1, 2024, committing the LAP resource for a 
30-year period from October 1, 2024, and continuing through September 
30, 2054.
    Western also recognizes and appreciates the customers' unique 
contribution in providing funding for needed capital investments in 
support of the Federal power program.
    2. Proposed Resource Pools: The proposed 2025 PMI provides for 
three resource pools of up to 1 percent of the marketable resource 
under contract at the time of each reallocation to be available for 
eligible new preference entities. Reallocations would occur at the 
beginning of the October 1, 2024, contract term and again every 10 
years thereafter on October 1, 2034, and October 1, 2044.
    Comment: Customers supported the proposed structure and timing of 
resource pools stating they will ensure that eligible entities not 
currently receiving the benefits of LAP hydropower will be able to seek 
an allocation in the future. It also will ensure fairness among 
entities through an equitable process.
    Response: Western appreciates the customers' support of the 
proposed resource pools. The resource pools allow Western to market 
allocations of firm power to eligible new preference entities in such a 
manner as to promote the most widespread use, in accordance with 
Federal Reclamation law.

Extended Marketing Plan Principles and Comments

    1. Proposed Marketable Resource: Extend the existing contract rates 
of delivery commitments, with associated energy, to existing long-term 
FES customers reduced by up to 1 percent for each new resource pool on 
October 1, 2024, October 1, 2034, and October 1, 2044.
    Comment: Two commenters specifically supported continuation of the 
current marketable resource, noting Western worked with the United 
States Bureau of Reclamation in analyzing historic hydrologic data to 
affirm the viability of the current marketable resource.
    Response: Western appreciates the customers' support of its 
determination of marketable resource.
    2. Proposed Hydrology and River Operations Withdrawal Provision:

[[Page 79446]]

Western would reserve the right to adjust, at its discretion and sole 
determination, the contract rate of delivery on 5 years advance written 
notice in response to changes in hydrology and river operations.
    Comment: It was noted Western's proposed withdrawal provision 
fairly reflects the variety of forces that could impact Western's 
administration of LAP and would provide Western with the tools to 
address any substantial changes in hydrology and river operations.
    Response: Western appreciates the customers' support of flexibility 
for Western to adjust contract rates of delivery in response to changes 
in hydrology and river operations.
    3. Proposed Marketing Area: Western would continue the current LAP 
marketing area which is the portion of Colorado east of the Continental 
Divide; Mountain Parks Electric, Inc.'s service territory in Colorado 
west of the Continental Divide; the portion of Kansas located in the 
Missouri River Basin; the portion of Kansas west of the eastern borders 
of the counties intersected by the 100th Meridian; the portion of 
Nebraska west of the 101st Meridian; and Wyoming east of the 
Continental Divide.
    Comment: Customers supported continuing the current LAP marketing 
area and commented that since LAP is a finite and defined resource, 
expansion of the marketing area is impracticable.
    Response: Western appreciates the customers' support of the 
proposed LAP marketing area.
    4. Proposed Mt. Elbert Pumped-Storage: Western would extend the 
current Mt. Elbert Pumped-Storage contract provisions, which provide 
for pumped-storage energy.
    Comment: Western received no comments on the proposed Mt. Elbert 
Pumped-Storage.

Final 2025 PMI

    Western will extend the current marketing plan with amendments to 
the Contract Term and Resource Pool principles. The marketing plan 
principles that are amended as well as the marketing plan principles 
that are extended are as follows:

Amended Marketing Plan Principles

    1. Contract Term: Western extends its commitment of the LAP 
resource for a 30-year period beginning October 1, 2024, and continuing 
through September 30, 2054.
    2. Resource Pools: The 2025 PMI provides resource pools of up to 1 
percent of the marketable resource under contract at the time for 
eligible new preference entities. Reallocations will occur beginning 
October 1, 2024, and again every 10 years thereafter (October 1, 2034, 
and October 1, 2044).

Extended Marketing Plan Principles

    Extension of the current marketing plan includes all provisions and 
principles not specifically addressed in the preceding section entitled 
``Amended Marketing Plan Principles.'' The following key principles of 
the current LAP marketing plan were discussed with FES customers during 
the proposed 2025 PMI informal customer input phase and the formal 
public information forums and are included below for reference 
purposes.
    1. Marketable Resource: The contractually committed contract rate 
of delivery and associated energy in effect on September 30, 2024, will 
be extended subject to up to 1 percent reduction for each of the 
resource pools taking effect on October 1, 2024, October 1, 2034, and 
October 1, 2044.
    2. Hydrology and River Operations Withdrawal Provision: Western 
reserves the right to adjust, at its discretion and sole determination, 
the contract rate of delivery on 5 years advance written notice in 
response to changes in hydrology and river operations.
    3. Marketing Area: The LAP marketing area will be the portion of 
Colorado east of the Continental Divide; Mountain Parks Electric, 
Inc.'s service territory in Colorado west of the Continental Divide; 
the portion of Kansas located in the Missouri River Basin; the portion 
of Kansas west of the eastern borders of the counties intersected by 
the 100th Meridian; the portion of Nebraska west of the 101st Meridian; 
and Wyoming east of the Continental Divide.
    4. Mt. Elbert Pumped-Storage: The full 200 MW of Mt. Elbert 
capacity is included in the LAP capacity allocations. Only flow-through 
generation is included in LAP energy allocations, and customers may 
schedule capacity without energy. Off-peak energy must be returned to 
Western commensurate with any on-peak energy taken.

2025 PMI Procedures Requirements

Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) of 
1969 (42 U.S.C. 4321-4347 (2007)); the Council on Environmental Quality 
Regulations for Implementing NEPA (40 CFR parts 1500-1508); and DOE 
NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western 
has determined this action is categorically excluded from further NEPA 
review.

Determination Under Executive Order 12866

    Western has an exemption from centralized regulatory review under 
Executive Order 12866; accordingly, no clearance of this notice by the 
Office of Management and Budget is required.

    Dated: December 20, 2013.
Mark A. Gabriel,
Administrator.
[FR Doc. 2013-31220 Filed 12-27-13; 8:45 am]
BILLING CODE 6450-01-P