2021 Resource Pool, Pick-Sloan Missouri Basin Program-Eastern Division, 24467-24470 [2018-11418]

Agencies

• DEPARTMENT OF ENERGY
• Western Area Power Administration

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24467-24470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11418]


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DEPARTMENT OF ENERGY

Western Area Power Administration


2021 Resource Pool, Pick-Sloan Missouri Basin Program--Eastern 
Division

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of procedures and call for 2021 Resource Pool 
applications.

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SUMMARY: The Department of Energy (DOE), Western Area Power 
Administration (WAPA), a Federal power marketing administration of DOE, 
is publishing procedures and calling for applications from new 
preference entities interested in an allocation of Federal power. WAPA 
published its 2021 Power Marketing Initiative (2021 PMI) for the Upper 
Great Plains Customer Service Region (UGPR) in the Federal Register on 
November 16, 2011. The 2021 PMI specifies the terms and conditions 
under which WAPA will market power from the Pick-Sloan

[[Page 24468]]

Missouri Basin Program--Eastern Division (P-SMBP--ED) beginning January 
1, 2021, continuing through December 31, 2050. The 2021 PMI established 
resource pools for 2021, 2031, and 2041. Each resource pool is 
comprised of up to 1 percent (approximately 20 megawatts) of the long-
term marketable resource of the P-SMBP--ED. Therefore, as required by 
the 2021 PMI, WAPA is issuing a call for applications for UGPR's 2021 
Resource Pool. New preference entities interested in applying for an 
allocation of power from WAPA's UGPR must submit a formal application 
using the Applicant Profile Data (APD) form and must meet the General 
Eligibility Criteria, General Allocation Criteria, and General Contract 
Principles.

DATES: Applications must be received by 4 p.m., MDT, on July 30, 2018. 
WAPA will accept applications through its online APD form, by email, or 
by U.S. mail (or its equivalent). Applications sent by U.S. mail will 
be accepted if postmarked at least 3 days before July 30, 2018, and 
received no later than July 31, 2018.

ADDRESSES: Submit an application online at https://www.wapa.gov/regions/UGP/PowerMarketing/Pages/2021-resource-pool.aspx or access and 
print the APD form located at https://www.wapa.gov/regions/UGP/PowerMarketing/Pages/2021-resource-pool.aspx and email it as an 
attachment to [email protected]. If submitting a paper 
application, please mail it to Mr. Jody Sundsted, Senior Vice President 
and Upper Great Plains Regional Manager, Upper Great Plains Customer 
Service Region, Western Area Power Administration, 2900 4th Avenue 
North, Billings, MT 59101-1266.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Senitte, Public Utilities 
Specialist, Upper Great Plains Customer Service Region, Western Area 
Power Administration, 2900 4th Avenue North, Billings, MT 59101, 
telephone (406) 255-2933, email [email protected].

SUPPLEMENTARY INFORMATION: The 2021 PMI (76 FR 71015, November 16, 
2011) extended the then current Marketing Plan Principles with 
amendments to establish how UGPR will market its power resources 
beginning January 1, 2021, through December 31, 2050.\1\ As part of the 
2021 PMI, WAPA will provide for resource pools of up to 1 percent of 
the marketable resource under contract at the time, beginning in the 
contract term (January 1, 2021) and again every 10 years (January 1, 
2031, and January 1, 2041). These resources are made available for 
eligible new preference entities. The procedures used to determine new 
preference customer eligibility in all three resource pools under the 
2021 PMI are carried forward from the Post-2010 Resource Pool as 
published in the Federal Register (74 FR 20697, May 5, 2009). 
Specifically these procedures are the General Eligibility Criteria,\2\ 
General Allocation Criteria, and General Contract Principles.
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    \1\ The 2021 Marketing Plan Principles are based on the 1985 
Marketing Plan (45 FR 71860, October 30, 1980), as extended and 
amended by Subpart C of the Energy Planning and Management Program 
final rule (60 FR 54151, October 20, 1995) (EPAMP or Program) and 
the final procedures of the Post-2000 Resource Pool (61 FR 41142, 
August 7, 1996), the Post-2005 Resource Pool (68 FR 67414, December 
2, 2003), and the Post-2010 Resource Pool (74 FR 20697, May 5, 
2009). The 2021 Marketing Plan Principles amended the 1985 Marketing 
Plan to (1) include a 30-year contract term for firm electric 
service contracts, beginning January 1, 2021, and (2) establish 
three resource pools for eligible new preference entities beginning 
in January 2021, and again every 10 years (January 1, 2031, and 
January 1, 2041).
    \2\ Under General Eligibility Criteria II (E) below for each 
resource pool, qualified utility applicants must meet utility status 
no later than 3 years prior to the beginning of that resource pool 
contracting term. For the 2021 Resource Pool, that date is January 
1, 2018.
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    After evaluating applications, if WAPA determines there is an 
eligible new preference entity, WAPA will publish a notice of Proposed 
Allocations in the Federal Register. The public will have an 
opportunity to comment on the Proposed Allocations. After reviewing the 
comments, WAPA will publish a notice of Final Allocations in the 
Federal Register. If there are no qualified applicants under the 2021 
Resource Pool, WAPA will publish a notice in the Federal Register to 
conclude the 2021 Resource Pool.

2021 Resource Pool Allocation Procedures and Call for Applications

I. Amount of Pool Resources

    WAPA will allocate up to 1 percent (approximately 20 megawatts) of 
the P-SMBP--ED long-term firm hydroelectric resource available as of 
January 1, 2021, as firm power to eligible new preference customers. 
Firm power means capacity and associated energy allocated by WAPA and 
subject to the terms and conditions specified in the WAPA electric 
service contract.

II. General Eligibility Criteria

    WAPA will apply the following General Eligibility Criteria to 
applicants seeking an allocation of firm power under the 2021 Resource 
Pool Allocation Procedures.
    A. All qualified applicants must be preference entities as defined 
by section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)), as amended and supplemented.
    B. All qualified applicants must be located within the currently 
established P-SMBP--ED marketing area.
    C. All qualified applicants must not be currently receiving 
benefits, directly or indirectly, from a current P-SMBP--ED firm power 
allocation or other firm Federal power commitment. Qualified Native 
American applicants, who did not receive an allocation from the Post-
2000, Post-2005, or Post-2010 Resource Pools, are not subject to this 
requirement.
    D. Qualified utility and non-utility applicants must be able to use 
the firm power directly or be able to sell it directly to retail 
customers.
    E. Qualified utility applicants that desire to purchase power from 
WAPA for resale to consumers, including cooperatives, municipalities, 
public utility districts, and public power districts must have met 
utility status by January 1, 2018. Utility status means the entity has 
responsibility to meet load growth, has a distribution system, and is 
ready, willing, and able to purchase Federal power from WAPA on a 
wholesale basis.
    F. Qualified Native American applicants must be an Indian tribe as 
defined in the Indian Self Determination Act of 1975, 25 U.S.C. 5304, 
as amended.

III. General Allocation Criteria

    WAPA will apply the following General Allocation Criteria to 
applicants seeking an allocation of firm power under the 2021 Resource 
Pool Allocation Procedures.
    A. Allocations of firm power will be made in amounts as determined 
solely by WAPA in exercise of its discretion under Federal Reclamation 
Law.
    B. An allottee will have the right to purchase such firm power only 
upon executing an electric service contract between WAPA and the 
allottee, and satisfying all conditions in that contract.
    C. Firm power allocated under these procedures will be available 
only to new preference customers in the existing P-SMBP--ED marketing 
area. The marketing area of the P-SMBP--ED is Montana (east of the 
Continental Divide), all of North Dakota and South Dakota, Nebraska 
east of the 101[deg] meridian, Iowa west of the 94\1/2\[deg] meridian, 
and Minnesota west of a line on the 94\1/2\[deg] meridian from the 
southern boundary of the state to the 46[deg] parallel and then 
northwesterly to the northern boundary of the state at the 96\1/2\[deg] 
meridian.
    D. Allocations made to Native American tribes will be based on the

[[Page 24469]]

actual load experienced in calendar year 2017. WAPA has the right to 
use estimated load values for calendar year 2017 should actual load 
data not be available. WAPA will adjust inconsistent estimates during 
the allocation process.
    E. Allocations made to qualified utility and non-utility applicants 
will be based on the actual loads experienced in calendar year 2017. 
WAPA will apply the 2021 PMI criteria to these loads.
    F. Energy provided with firm power will be based upon the 
customer's monthly system load pattern.
    G. Any electric service contract offered to a new customer shall be 
executed by the customer within 6 months of a contract offer by WAPA, 
unless otherwise agreed to in writing by WAPA.
    H. The resource pool will be dissolved subsequent to the closing 
date of the last qualified applicant to execute their respective firm 
electric service contract. Firm power not under contract will be used 
in accordance with the 2021 PMI.
    I. The minimum allocation shall be 100 kilowatts (kW).
    J. The maximum allocation for qualified utility and non-utility 
applicants shall be 5,000 kW.
    K. Contract rates of delivery shall be subject to adjustment in the 
future as provided for in the Program.
    L. If unanticipated obstacles to the delivery of hydropower 
benefits to Native American tribes arise, WAPA retains the right to 
provide the economic benefits of its resources directly to these 
tribes.

IV. General Contract Principles

    WAPA will apply the following General Contract Principles to all 
applicants receiving an allocation of firm power under the 2021 
Resource Pool Allocation Procedures.
    A. WAPA shall reserve the right to reduce a customer's summer 
season contract rate of delivery by up to 5 percent for new project 
pumping requirements, by giving a minimum of 5 years' written notice in 
advance of such action.
    B. WAPA, at its discretion and sole determination, reserves the 
right to adjust the contract rate of delivery on 5 years' written 
notice in response to changes in hydrology and river operations. Any 
such adjustments shall only take place after a public process by WAPA.
    C. Each allottee is ultimately responsible for obtaining its own 
third-party delivery arrangements, if necessary. WAPA may assist the 
allottee in obtaining third-party transmission arrangements for the 
delivery of firm power allocated under these procedures to new 
customers.
    D. Contracts entered into under the 2021 Resource Pool Allocation 
Procedures shall provide for WAPA to furnish firm electric service 
effective from January 1, 2021, through December 31, 2050.
    E. Contracts entered into as a result of these procedures shall 
incorporate WAPA's standard provisions for power sales contracts, 
integrated resource planning, and the General Power Contract 
Provisions.

V. Applications for Firm Power

    Through this Federal Register notice, WAPA formally requests 
applications from new qualified preference entities interested in 
purchasing power from UGPR from January 1, 2021, through December 31, 
2050. All applicants must submit applications using the APD form. WAPA 
has a uniform basis upon which to evaluate the applications. To be 
considered, applicants must meet the General Eligibility Criteria, 
General Allocation Criteria, and General Contract Criteria, and must 
submit a completed APD application form by the deadline specified in 
the DATES section. To ensure full consideration is given to all 
applicants, WAPA will not consider applications submitted before 
publication of this Federal Register notice or after the deadline 
specified in the DATES section.

Applicant Profile Data Application

    Applications may be completed online on WAPA's web page at https://www.wapa.gov/regions/UGP/PowerMarketing/Pages/2021-resource-pool.aspx 
or submitted by email or mail, as described in the ADDRESSES section. 
The APD form is available on WAPA's web page or by request to the 
person listed in the FOR FURTHER INFORMATION CONTACT section. It is the 
applicant's responsibility to ensure the application is submitted in a 
timely manner so WAPA receives the application before the dates and 
times stated in the DATES section.
    Applicants must provide all information requested or the most 
reasonable available estimate on the APD form. Please indicate if the 
requested information is not applicable. WAPA is not responsible for 
errors in data or missing pages. The information in the APD form should 
be answered as if prepared by the entity/organization seeking the 
allocation of Federal power.
    The information collected under this process will not be part of a 
system of records covered by the Privacy Act and may be available under 
the Freedom of Information Act. If you are submitting any confidential 
or business sensitive information, please mark such information before 
submitting your application.

WAPA's Consideration of Applications

    When WAPA receives the APD, WAPA will verify the applicant meets 
the General Eligibility Criteria, and the application contains all 
items requested in the APD.
    WAPA may request, in writing, additional information from any 
applicant whose APD is determined to be deficient. The applicant shall 
have 15 days from the postmark date on WAPA's request to provide the 
information. In the event an applicant fails to provide all information 
to WAPA, the application will not be considered.
    If WAPA determines the applicant does not meet the General 
Eligibility Criteria, WAPA will send a letter explaining why the 
applicant did not qualify.
    If the applicant has met the General Eligibility Criteria, WAPA 
will determine the amount of firm power, if any, to allocate pursuant 
to the General Allocation Criteria. After the publication of final 
allocations in the Federal Register, WAPA will send a draft contract to 
the applicant for review which identifies the terms and conditions of 
the offer and the amount of firm power allocated to the applicant.
    All firm power shall be allocated according to the procedures in 
the General Allocation Criteria.
    WAPA reserves the right to determine the amount of firm power to 
allocate to an applicant, as justified by the applicant in its APD.

Recordkeeping Requirement

    If WAPA accepts an application and the applicant receives an 
allocation of Federal power, the applicant must keep all information 
related to the APD for a period of 3 years after signing a contract for 
Federal power. There is no recordkeeping requirement for unsuccessful 
applicants who do not receive an allocation of Federal power.
    As noted in Section VII of this notice, WAPA has obtained Office of 
Management and Budget Clearance Number 1910-5136 for collection of the 
above information. The APD is collected to enable WAPA to properly 
perform its function of marketing limited amounts of Federal 
hydropower. The data supplied will be used by WAPA to evaluate who will 
receive an allocation of Federal power.

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VI. Authorities

    UGPR's 2021 PMI, published in the Federal Register (76 FR 71015, 
November 16, 2011), was established pursuant to the Department of 
Energy Organization Act (42 U.S.C. 7101-7352); the Reclamation Act of 
June 17, 1902 (ch. 1093, 32 Stat. 388) as amended and supplemented by 
subsequent enactments, particularly section 9(c) of the Reclamation 
Project Act of 1939 (43 U.S.C. 485h(c)); and other acts specifically 
applicable to the projects involved. This action falls within the 2021 
PMI and, thus, is covered by the same authority.

VII. Regulatory Procedure Requirements

Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321-4347), Council on Environmental Quality NEPA implementing 
regulations (40 CFR parts 1500-1508), and DOE NEPA implementing 
regulations (10 CFR part 1021), WAPA completed a Categorical Exclusion 
(CX). This NEPA review identified and analyzed environmental effects 
related to the 2021 PMI. This action falls within the 2021 PMI and, 
thus, is covered by the CX.

Review Under the Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501, et seq.), WAPA has received approval from the Office of 
Management and Budget for the collection of customer information in 
this notice, under Control Number 1910-5136. Public reporting burden 
for the certification is estimated to average 8 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Notwithstanding any other provision of law, no person is required 
to respond to a Federal collection of information unless it displays a 
valid Office of Management and Budget control number.

Determination Under Executive Order 12866

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

    Dated: May 15, 2018.
Mark A. Gabriel,
Administrator.
[FR Doc. 2018-11418 Filed 5-25-18; 8:45 am]
BILLING CODE 6450-01-P