Indian Electric Power Utilities, 61116-61121 [2018-25943]
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61116
Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations
timely pay assessments will be
calculated and published in accordance
with 12 CFR 308.132(d).
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Dated at Washington, DC, on November 20,
2018.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2018–25660 Filed 11–27–18; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 175
[190A2100DD/AAKC001030/
A0A501010.999900 253G]
RIN 1076–AF31
Indian Electric Power Utilities
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:
This rule revises regulations
addressing electric power utilities of the
Colorado River, Flathead, and San
Carlos Indian irrigation projects to use
plain language, update definitions,
lengthen a regulatory deadline, and
make other minor changes.
SUMMARY:
This rule is effective December
28, 2018.
FOR FURTHER INFORMATION CONTACT:
David Fisher, Branch Chief Irrigation &
Power, Division of Water & Power,
Bureau of Indian Affairs, telephone
(303) 231–5225, david.fisher@bia.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
II. Description of Changes
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.s
12866 and 13563) and Reducing
Regulation and Controlling Regulatory
Costs (E.O. 13771)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O.
13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
I. Background
Various statutes provide the Bureau of
Indian Affairs (BIA) with authority to
issue this regulation and for
administering electric power utilities for
the Colorado River, Flathead (Mission
Valley Power), and San Carlos Indian
irrigation projects. For example, see 5
U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c;
43 Stat. 475–76; 45 Stat. 210–13; 49 Stat.
1039–40; 49 Stat. 1822–23; 54 Stat. 422;
62 Stat. 269–73; 65 Stat. 254; 99 Stat.
319–20. Each of these power projects
provides energy, transmission, and
distribution of electrical services to
customers in their respective service
areas. BIA (or the contracting/
compacting Indian Tribe) provides
oversight and limited technical
assistance for power projects and
conducts operations and maintenance of
the distribution systems.
The regulations addressing BIA’s
administration of the power utilities are
at 25 CFR part 175, Indian Electric
Power Utilities. This final rule updates
the regulations for the first time since
1991.
II. Description of Changes
The revisions being finalized today
are intended to make the regulations
more user-friendly through plain
language. The final rule also updates
definitions, lengthens the time by which
BIA must issue a decision on an appeal
from 30 days to 60 days (by referring to
25 CFR 2.19(a)), and requires
publication of rate adjustments in the
Federal Register. These changes were
proposed on December 27, 2017 at 82
FR 61193. BIA received no comments
relevant to the proposed rule. The final
rule makes no changes to the proposed
rule. The following tables summarize
the final changes:
TABLE 1
Current 25 CFR section
New 25 CFR section
Summary of changes
Deletes the definitions of ‘‘appellant’’ and ‘‘officer-in-charge.’’
Adds definitions for ‘‘bill,’’ ‘‘CFR,’’ ‘‘day(s),’’ ‘‘delinquent,’’ ‘‘due date,’’
‘‘electric energy,’’ ‘‘energy,’’ ‘‘fee,’’ ‘‘I, me, my, you, and your,’’
‘‘must,’’ ‘‘past due bill,’’ ‘‘power,’’ ‘‘public notice,’’ ‘‘purchased
power,’’ ‘‘taxpayer identification number,’’ ‘‘utility(ies),’’ and ‘‘we,
us, and our.’’
Replaces definition of ‘‘Area Director’’ with a definition of ‘‘BIA.’’
Revises the definition of ‘‘customer,’’ ‘‘electric power utility,’’ ‘‘electric
service,’’ ‘‘operations manual,’’ ‘‘service,’’ ‘‘service fee.’’
Revises the definition of ‘‘power rate’’ and replaces it with the terms
‘‘rate’’ and ‘‘electric power rate.’’
Revises the definition of ‘‘service agreement’’ and replaces it with the
term ‘‘agreement.’’
Revises the definition of ‘‘special contract’’ and replaces it with the
term ‘‘special agreement.’’
Revises for plain language.
175.1
Definitions ............................
175. 100 What terms should I
know for this part?
175.2
Purpose ................................
175.3
Compliance ..........................
175.4
Authority of area director .....
175.105 What is the purpose of
this part?
175.110 Does this part apply to
me?
N/A ................................................
175.5
Operations manual ...............
175.6
Information collection ...........
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175.115 How does BIA administer its electric power utilities?
175.120 What are Operations
Manuals?
175.600 How does the Paperwork Reduction Act affect this
part?
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Revises for plain language.
Deletes provisions containing delegations of authority to eliminate
possible conflicts with the Departmental Delegations of Authority.
Revises for plain language, deletes specific means by which public
notice of changes will be provided, and incorporates instead the
definition of ‘‘public notice,’’ which provides for publishing information consistent with the operations manual.
Revises for plain language.
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TABLE 1—Continued
Current 25 CFR section
175.10 Revenues collected
power operations.
from
175.11 Procedures for setting service fees.
175.12 Procedures for adjusting
electric power rates except for adjustments due to changes in the
cost of purchased power or energy.
175.13 Procedures for adjusting
electric power rates to reflect
changes in the cost of purchased
power or energy.
175.20 Gratuities ............................
175.21
Discontinuance of service ..
New 25 CFR section
Summary of changes
175.200 Why does BIA collect
revenue from you and the other
customers it serves, and how is
that revenue used?
175.205 When are BIA rates and
fees reviewed?
175.210 What is BIA’s procedure
for setting service fees?
175.215 What is BIA’s procedure
for adjusting electric power
rates?
175.220 How long do rate and
fee adjustments stay in effect?
175.235 How does BIA include
changes in purchased power
costs to our electric power
rates?
N/A ................................................
Revises for plain language and deletes amortization as an example
for what BIA may use revenue.
175.22 Requirements for receiving
electrical service.
175.23 Customer responsibilities ...
175.315 What will happen if I do
not pay my bill?
175.125 How do I request and
receive service?
N/A ................................................
175.24
Utility responsibilities ..........
N/A ................................................
175.30
Billing .................................
175.300 How does BIA calculate
my electric bill?
175.310 How do I pay my bill?
175.31 Methods and terms of payment.
175.32
Collections ..........................
175.40 Financing
and upgrades.
of
extensions
175.50 Obtaining rights-of-way ......
175.51 Ownership.
175.60 Appeals to the area director.
175.61 Appeals to the Interior
Board of Indian Appeals.
175.62 Utility actions pending the
appeal process.
175.315 What will happen if I do
not pay my bill?
175.320 What will happen if my
service is disconnected and my
account remains delinquent?
175.400 Will the utility extend or
upgrade its electric system to
serve new or increased loads?
175.500 How does BIA manage
rights-of-way?
175.145 Can I appeal a BIA decision?
Deletes provisions containing delegations of authority to eliminate
possible conflicts with Departmental Delegations of Authority.
Adds a requirement for BIA to publish a proposed rate adjustment in
the Federal Register.
Revises for plain language.
This section is deleted because it is already addressed by other
laws.
Revises for plain language.
Revises for plain language.
Deleted because this provision is for a project-specific authority addressed at the local BIA level.
Incorporates the substance into sections 175.115 and 175.120,
which refer to operations manual instead of setting out responsibilities.
Revises for plain language.
Replaces provision stating that the utility may refuse, for cause, to
accept personal checks with a general statement that the electric
utility that serves you may provide additional requirements.
Revises for plain language.
Revises to direct customers to contact the electric power utility for
more information.
Revises to direct customers to contact the electric power utility for
more information.
Combines current sections 175.60 and 175.61 into a paragraph that
refers to 25 CFR part 2 rather than explicitly stating appeal procedures. Increases the time by which BIA must issue a decision on
an appeal from 30 days to 60 days (see 25 CFR 2.19(a)).
Adds a new paragraph (b) to clarify that a customer must pay the bill
to continue to receive service.
Incorporates section 175.62 into new paragraphs (c) through (e).
NEW PROVISIONS
Current 25 CFR section
New final 25 CFR section
N/A ....................................................
175.130 What information must I
provide when I request service?
175.135 Why is BIA collecting
this information?
175.140 What is BIA’s authority
to collect my taxpayer identification number?
175.225 What is the Federal
Register, and where can I get
it?
175.230 Why are changes to
purchased power costs not included in the procedure for adjusting electric power rates?
N/A ....................................................
N/A ....................................................
N/A ....................................................
N/A ....................................................
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Summary of changes
New section.
New section.
New section.
New section.
New section.
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NEW PROVISIONS—Continued
Current 25 CFR section
New final 25 CFR section
N/A ....................................................
175.320 What will happen if my
service is disconnected and my
account remains delinquent?
175.305 When is my bill due?
N/A ....................................................
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866 and 13563) and Reducing
Regulation and Controlling Regulatory
Costs (E.O. 13771)
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs in the Office of
Management and Budget will review all
significant rules. The Office of
Information and Regulatory Affairs has
determined that this rule is not
significant.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
B. Regulatory Flexibility Act
This document will not have a
significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) because the rule does
not make any changes to electric power
rates or service fees.
C. Small Business Regulatory
Enforcement Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
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Summary of changes
New section.
New section.
local government agencies, or
geographic regions;
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
E. Takings (E.O. 12630)
This rule does not effect a taking of
private property or otherwise have
taking implications under E.O. 12630. A
takings implication assessment is not
required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O.
13132, this rule does not have sufficient
Federalism implications to warrant the
preparation of a Federalism summary
impact statement. A Federalism
summary impact statement is not
required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes
(E.O. 13175 and Departmental Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to consult
with Indian Tribes and recognize their
right to self-governance and Tribal
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sovereignty. We have evaluated this rule
under the Department’s consultation
policy and under the criteria in E.O.
13175 for substantial direct effects on
federally recognized Indian Tribes and
have consulted with those Tribes served
by the electric power utilities subject to
this rule. We hosted two in-person
Tribal consultation sessions in the
vicinity of Tribes served by the electric
power utilities: One on April 14, 2016,
in Pablo, Montana, and one on April 19,
2016, in Phoenix, Arizona. One Tribe
submitted comments on the draft
regulation, to which we have responded
by letter because the comments are
primarily unique to the local utility. We
included an offer in the proposed rule
for any Tribe that would like additional
consultation opportunities on the
proposed regulatory changes to contact
BIA. No Tribe requested additional
consultation opportunities on the rule.
I. Paperwork Reduction Act
The information collection
requirements contained in 25 CFR part
175 are authorized by OMB Control
Number 1076–0021, with an expiration
date of June 30, 2019. A submission to
the Office of Management and Budget
under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.) is not required
because this rule would not affect the
information collection requirements
contained in 25 CFR part 175. We may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
J. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion.
This rule is excluded from the
requirement to prepare a detailed
statement because it is a regulation of an
administrative nature. (For further
information, see 43 CFR 46.210(i).) We
have also determined that the rule does
not involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
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K. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A Statement of Energy Effects is
not required.
List of Subjects in 25 CFR Part 175
Administrative practice and
procedure, Electric power, Indians—
lands, Reporting and recordkeeping
requirements.
■ For the reasons given in the preamble,
the Department of the Interior amends
chapter 1 of title 25 Code of Federal
Regulations by revising part 175 to read
as follows.
PART 175—ELECTRIC POWER
UTILITIES
Subpart A—General Provisions
Sec.
175.100 What terms should I know for this
part?
175.105 What is the purpose of this part?
175.110 Does this part apply to me?
175.115 How does BIA administer its
electric power utilities?
175.120 What are Operations Manuals?
175.125 How do I request and receive
service?
175.130 What information must I provide
when I request service?
175.135 Why is BIA collecting this
information?
175.140 What is BIA’s authority to collect
my taxpayer identification number?
175.145 Can I appeal a BIA decision?
Subpart B—Service Fees, Electric Power
Rates, and Revenues
175.200 Why does BIA collect revenue from
you and the other customers it serves,
and how is that revenue used?
175.205 When are BIA rates and fees
reviewed?
175.210 What is BIA’s procedure for
adjusting service fees?
175.215 What is BIA’s procedure for
adjusting electric power rates?
175.220 How long do rate and fee
adjustments stay in effect?
175.225 What is the Federal Register, and
where can I get it?
175.230 Why are changes to purchased
power costs not included in the
procedure for adjusting electric power
rates?
175.235 How does BIA include changes in
purchased power costs to our electric
power rates?
Subpart C—Billing, Payments, and
Collections
175.300 How does BIA calculate my electric
power bill?
175.305 When is my bill due?
175.310 How do I pay my bill?
175.315 What will happen if I do not pay
my bill?
175.320 What will happen if my service is
disconnected and my account remains
delinquent?
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Subpart D—System Extensions and
Upgrades, Rights-of-Way, and Paperwork
Reduction Act
175.400 Will the utility extend or upgrade
its electric system to serve new or
increased loads?
175.500 How does BIA manage rights-ofway?
175.600 How does the Paperwork
Reduction Act affect this part?
Authority: 5 U.S.C. 301; 25 U.S.C. 13; 25
U.S.C. 385c; 43 Stat. 475–76; 45 Stat. 210–13;
49 Stat. 1039–40; 49 Stat. 1822–23; 54 Stat.
422; 62 Stat. 269–73; 65 Stat. 254; 99 Stat.
319–20.
Subpart A—General Provisions
§ 175.100 What terms I should know for
this part?
Agreement means the executed
written form between you and the
utility providing your service, except for
service provided under a Special
Agreement.
BIA means the Bureau of Indian
Affairs within the United States
Department of the Interior or the BIA’s
authorized representative.
Bill means our written statement
notifying you of the charges and/or fees
you owe the United States for the
administration, operation, maintenance,
rehabilitation, and/or construction of
the electric power utility servicing you.
CFR means Code of Federal
Regulations.
Customer means any person or entity
to whom we provide service.
Customer service is the assistance or
service provided to customers, except
for the actual delivery of electric power
or energy. Customer service may
include: Line extension, system
upgrade, meter testing, connections or
disconnection, special meter reading, or
other assistance or service as provided
in the Operations Manual.
Day(s) means calendar day(s).
Delinquent means an account that has
not been paid and settled by the due
date.
Due date means the date by which
you must pay your bill. The due date is
printed on your bill.
Electric energy (see Electric power).
Electric power means the energy we
deliver to meet customers’ electrical
needs.
Electric power rate means the charges
we establish for delivery of energy to
our customers, which includes
administration costs and operation and
maintenance costs in addition to the
cost of purchased power.
Electric power utility means all
structures, equipment, components, and
human resources necessary for the
delivery of electric service.
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Electric service means the delivery of
electric power by our utility to our
customers.
Energy means electric power.
Fee (see Service fee).
I, me, my, you, and your means all
interested parties, especially persons or
entities to which we provide service and
receive use of our electric power
service.
Must means an imperative or
mandatory act or requirement.
Operations Manual means the written
policies, practices, procedures and
requirements of the utility providing
your service. The Operations Manual
supplements this Part and includes our
responsibilities to our customers and
our customers’ responsibilities to the
utility.
Past due bill means a bill that has not
been paid by the due date.
Power (see Energy).
Public notice is the notice provided
by publishing information consistent
with the utility’s Operations Manual.
Purchased power means the power we
must purchase from power marketing
providers for resale to our customers to
meet changing power demands. Each of
our utilities establishes its own power
purchasing agreement based on its
power demands and firm power
availability.
Rate (see Electric power rate).
Reserve Funds means funds held in
reserve for maintenance, repairs, or
unexpected expenses.
Revenue means the monies we collect
from our customers through service fees
and electric power rates.
Service (see Electric service).
Service fee means our charge for
providing or performing a specific
administrative or customer service.
Special Agreement means a written
agreement between you and us for
special conditions or circumstances
including unmetered services.
Taxpayer identification number
means either your Social Security
Number or your Employer Identification
Number.
Utility(ies) see (Electric power utility).
Utility office(s) means our facility
used for conducting business with our
customers and the general public.
We, us, and our means the United
States Government, the Secretary of the
Interior, the BIA, and all who are
authorized to represent us in matters
covered under this Part.
§ 175.105
What is the purpose of this part?
The purpose of this part is to establish
the regulations for administering BIA
electric power utilities.
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§ 175.110
Does this part apply to me?
This part applies to you if we provide
you service or if you request service
from us.
§ 175.115 How does BIA administer its
electric power utilities?
We promote efficient administration,
operation, maintenance, and
construction of our utilities by following
and enforcing:
(a) Applicable statutes, regulations,
Executive Orders, Indian Affairs
manuals, Operations Manuals;
(b) Applicable written policies,
procedures, directives, safety codes; and
(c) Utility industry standards.
§ 175.120
What are Operations Manuals?
(a) We maintain an Operations
Manual for each of our utilities. Each
utility’s Operations Manual is available
at the utility.
(b) The Operations Manual sets forth
the requirements for the administration,
management, policies, and
responsibilities of that utility and its
customers.
(c) We update our Operations Manual
for each utility to reflect changing
requirements to administer, operate, or
maintain that utility.
(d) When we determine it necessary to
revise an Operations Manual, we will:
(1) Provide public notice of the
proposed revision;
(2) State the effective date of the
proposed revision;
(3) State how and when to submit
your comments on our proposed
revision;
(4) Provide 30 days from the date of
the notice to submit your comments;
and
(5) Consider your comments and
provide notice of our final decision.
§ 175.125
service?
How do I request and receive
(a) If you need electrical service in an
area where we provide service, you
must contact our utility in that service
area.
(b) To receive service, you must enter
into an Agreement with that utility after
it has determined that you have met its
requirements.
§ 175.135 Why is BIA collecting this
information?
We are collecting this information so
we can:
(a) Provide you with service;
(b) Bill you for the service we provide;
and
(c) Account for monies you pay us,
including any deposits as outlined in
the Operations Manual.
§ 175.140 What is BIA’s authority to collect
my tax payer identification number?
We are required to collect your
taxpayer identification number under
the authority of, and as prescribed in,
the Debt Collection Improvement Act of
1996, Public Law 104–134 (110 Stat.
1321–364).
§ 175.145
Can I appeal a BIA decision?
(a) You may appeal a decision in
accordance with the procedures set out
in 25 CFR part 2, unless otherwise
prohibited by law.
(b) If the appeal involves the
discontinuation of service, the utility is
not required to resume the service
during the appeal process unless the
customer meets the utility’s
requirements.
(c) If you appeal your bill, you must
pay your bill in accordance with this
part to continue to receive service from
us.
(1) If the appeal involves the amount
of your bill, the bill will be considered
paid under protest until the final
decision has been rendered on appeal.
(2) If you appeal your bill but do not
pay the bill in full, you may not
continue to receive service from us. If
the final decision rendered in the appeal
requires payment of the bill, the bill will
be handled as a delinquent account and
the amount of the bill may be subject to
interest, penalties, and administrative
costs pursuant to 31 U.S.C. 3717 and 31
CFR 901.9.
(3) If the appeal involves an electric
power rate, the rate will be applied and
remain in effect subject to the final
decision on the appeal.
Subpart B—Service Fees, Electric
Power Rates, and Revenues
§ 175.130 What information must I provide
when I request service?
§ 175.200 Why does BIA collect revenue
from you and the other customers it serves,
and how is that revenue used?
At a minimum, you must provide the
utility with the following information
when you request service:
(a) Your full legal name or the legal
name of the entity needing service;
(b) Your taxpayer identification
number;
(c) Your billing address;
(d) Your service address; and
(e) Any additional information
required by the utility.
(a) The revenue we collect from you
and the other customers is authorized
by 25 U.S.C. 385c (60 Stat. 895, as
amended by 65 Stat. 254).
(b) The revenue we collect may be
used to:
(1) Pay for operation and maintenance
of the utility;
(2) Maintain Reserve Funds to:
(i) Make repairs and replacements to
the utility;
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(ii) Defray emergency expenses;
(iii) Ensure the continuous operation
of the power system; and
(iv) Pay other allowable expenses and
obligations to the extent required or
permitted by law.
§ 175.205 When are BIA rates and fees
reviewed?
We review our rates and fees at least
annually to:
(a) Determine if our financial
requirements are being met to ensure
the reliable operation of the utility
serving you; and
(b) Determine if revenues are
sufficient to meet the statutory
requirements.
§ 175.210 What is BIA’s procedure for
adjusting service fees?
If, based on our annual review, we
determine our service fees need to be
adjusted:
(a) We will notify you at least 30 days
prior to the effective date of the
adjustment; and
(b) We will publish a schedule of the
adjusted service fees in a local
newspaper(s) and post them in the local
utility office serving you.
§ 175.215 What is BIA’s procedure for
adjusting electric power rates?
Except for purchased power costs, if
we determine electric power rates need
to be adjusted, we will:
(a) Hold public meetings and notify
you of their respective time, date, and
location by newspaper notice and a
notice posted in the utility office serving
you;
(b) Provide you notice at least 15 days
prior to the meeting;
(c) Provide you a description of the
proposed rate adjustment;
(d) Provide you information on how,
where, and when to submit comments
on our proposed rate adjustment;
(e) Make a final determination on the
proposed rate adjustment after all
comments have been received,
reviewed, and evaluated; and
(f) Publish the proposed rate
adjustment and the final rate in the
Federal Register if we determine the
rate adjustment is necessary.
§ 175.220 How long do rate and fee
adjustments stay in effect?
These adjustments remain in effect
until we conduct a review and
determine adjustments are necessary.
§ 175.225 What is the Federal Register,
and where can I get it?
The Federal Register is the official
daily publication for rules, proposed
rules, and notices of official actions by
Federal agencies and organizations, as
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations
well as Executive Orders and other
Presidential Documents and is produced
by the Government Printing Office
(GPO). You can get Federal Register
publications by:
(a) Visiting www.federalregister.gov or
www.gpo.gov/fdsys;
(b) Writing to the GPO at
Superintendent of Documents, P.O. Box
371954, Pittsburgh, PA 15250–7954; or
(c) Calling the GPO at (202) 512–1800.
(c) If we are unable to calculate your
metered energy consumption, we must
make a reasonable estimate based on
one of the following reasons:
(1) Your meter has failed;
(2) Your meter has been tampered
with; or
(3) Our utility personnel are unable to
read your meter.
(d) If you have an unmetered service,
we calculate your bill in accordance
with your Special Agreement.
§ 175.230 Why are changes to purchased
power costs not included in the procedure
for adjusting electric power rates?
§ 175.305
Changes to purchased power costs are
not included in the procedure for
adjusting electric power rates because
unforeseen increases in the cost of
purchased power are:
(a) Not under our control;
(b) Determined by current market
rates; and
(c) Subject to market fluctuations that
can occur at an undetermined time and
frequency.
§ 175.235 How does BIA include changes
in purchased power costs in electric power
rates?
When our cost of purchased power
changes:
(a) We determine the effect of the
change;
(b) We adjust the purchased power
component of your bill accordingly;
(c) We add the purchased power
adjustment to the existing electric
power rate and put it into effect
immediately;
(d) The purchased power adjustment
remains in effect until we determine
future adjustments are necessary;
(e) We must publish in the local
newspaper and post at our office a
notice of the purchase power
adjustment and the basis for the
adjustment; and
(f) Our decision to make a purchased
power adjustment must be final.
Subpart C—Billing, Payments, and
Collections
(a) We calculate your electric power
bill based on the:
(1) Current rate schedule for your type
service; and
(2) Applicable service fees for your
type service.
(b) If you have a metered service we
must:
(1) Read your meter monthly;
(2) Calculate your bill based on your
metered energy consumption; and
(3) Issue your bill monthly, unless
otherwise provided in a Special
Agreement.
15:57 Nov 27, 2018
Jkt 247001
§ 175.310
How do I pay my bill?
You may pay your bill by any of the
following methods:
(a) In person at our utility office;
(b) Mail your payment to the address
stated on your bill; or
(c) As further provided by the electric
utility that serves you.
§ 175.315
my bill?
What will happen if I do not pay
(a) If you do not pay your bill prior
to the close of business on the due date,
your bill will be past due.
(b) If your bill is past due we may:
(1) Disconnect your service; and
(2) Not reconnect your service until
your bill, including any applicable fees,
is paid in full.
(c) Specific regulations regarding nonpayment can be found in 25 CFR
143.5(c).
§ 175.320 What will happen if my service is
disconnected and my account remains
delinquent?
(a) If your service has been
disconnected and you still have an
outstanding balance, we will assess you
interest, penalties, and administrative
costs in accordance with 31 CFR 901.9.
(b) We must forward your delinquent
balance to the United States Treasury if
it is not paid within 180 days after the
original due date in accordance with 31
CFR 901.1.
Subpart D—System Extensions and
Upgrades, Rights-of-Way, and
Paperwork Reduction Act
§ 175.300 How does BIA calculate my
electric power bill?
VerDate Sep<11>2014
When is my bill due?
The due date is provided on your bill.
§ 175.400 Will the utility extend or upgrade
its electric system to serve new or
increased loads?
The utility may extend or upgrade its
electric system to serve new or
increased loads. Contact your electric
power utility providing service in your
area for further information on new or
increased loads.
§ 175.500
way?
How does BIA manage rights-of-
Contact your electric power utility
providing service in your area for
further information on rights-of-way.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
61121
§ 175.600 How does the Paperwork
Reduction Act affect this part?
The collection of information
contained in this part have been
approved by the Office of Management
and Budget under 44 U.S.C. 3501 et seq.
and assigned OMB Control Number
1076–0021. Response is required to
obtain a benefit. A Federal agency may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless the form or
regulation requesting the information
displays a currently valid OMB Control
Number. Send comments regarding this
collection of information, including
suggestions for reducing the burden, to
the Information Collection Clearance
Officer—Indian Affairs, 1849 C Street
NW, Washington, DC 20240.
Dated: October 31, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–25943 Filed 11–27–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF EDUCATION
34 CFR Parts 86 and 668
Waiver of Certain Consumer
Information Requirements for Foreign
Institutions of Higher Education
Office of Postsecondary
Education, Department of Education.
ACTION: Waiver.
AGENCY:
The Secretary identifies
specific provisions governing the
student loan programs authorized by
title IV of the Higher Education Act of
1965, as amended (HEA), that do not
apply to foreign institutions.
DATES: November 28, 2018.
FOR FURTHER INFORMATION CONTACT:
Ashley Higgins, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 294–20, Washington, DC 20202.
Telephone: (202) 453–6097. Email:
Ashley.Higgins@ed.gov.
SUPPLEMENTARY INFORMATION: The
Department of Education’s (Department)
regulations governing the eligibility of
foreign institutions to participate in the
title IV, HEA student loan programs
provide that, ‘‘[a] foreign institution
must comply with all requirements for
eligible and participating institutions
except when made inapplicable by the
HEA or when the Secretary, through
publication in the Federal Register,
identifies specific provisions as
inapplicable to foreign institutions.’’ 34
CFR 600.51(c)(1). In this document, we
identify specific provisions that do not
SUMMARY:
E:\FR\FM\28NOR1.SGM
28NOR1
]]>Agencies
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Rules and Regulations]
[Pages 61116-61121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25943]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 175
[190A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF31
Indian Electric Power Utilities
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises regulations addressing electric power
utilities of the Colorado River, Flathead, and San Carlos Indian
irrigation projects to use plain language, update definitions, lengthen
a regulatory deadline, and make other minor changes.
DATES: This rule is effective December 28, 2018.
FOR FURTHER INFORMATION CONTACT: David Fisher, Branch Chief Irrigation
& Power, Division of Water & Power, Bureau of Indian Affairs, telephone
(303) 231-5225, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Description of Changes
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.s 12866 and 13563) and
Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation With Indian Tribes (E.O. 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
I. Background
Various statutes provide the Bureau of Indian Affairs (BIA) with
authority to issue this regulation and for administering electric power
utilities for the Colorado River, Flathead (Mission Valley Power), and
San Carlos Indian irrigation projects. For example, see 5 U.S.C. 301;
25 U.S.C. 13; 25 U.S.C. 385c; 43 Stat. 475-76; 45 Stat. 210-13; 49
Stat. 1039-40; 49 Stat. 1822-23; 54 Stat. 422; 62 Stat. 269-73; 65
Stat. 254; 99 Stat. 319-20. Each of these power projects provides
energy, transmission, and distribution of electrical services to
customers in their respective service areas. BIA (or the contracting/
compacting Indian Tribe) provides oversight and limited technical
assistance for power projects and conducts operations and maintenance
of the distribution systems.
The regulations addressing BIA's administration of the power
utilities are at 25 CFR part 175, Indian Electric Power Utilities. This
final rule updates the regulations for the first time since 1991.
II. Description of Changes
The revisions being finalized today are intended to make the
regulations more user-friendly through plain language. The final rule
also updates definitions, lengthens the time by which BIA must issue a
decision on an appeal from 30 days to 60 days (by referring to 25 CFR
2.19(a)), and requires publication of rate adjustments in the Federal
Register. These changes were proposed on December 27, 2017 at 82 FR
61193. BIA received no comments relevant to the proposed rule. The
final rule makes no changes to the proposed rule. The following tables
summarize the final changes:
Table 1
----------------------------------------------------------------------------------------------------------------
Current 25 CFR section New 25 CFR section Summary of changes
----------------------------------------------------------------------------------------------------------------
175.1 Definitions.................. 175. 100 What terms should Deletes the definitions of ``appellant'' and
I know for this part? ``officer-in-charge.''
Adds definitions for ``bill,'' ``CFR,''
``day(s),'' ``delinquent,'' ``due date,''
``electric energy,'' ``energy,'' ``fee,''
``I, me, my, you, and your,'' ``must,''
``past due bill,'' ``power,'' ``public
notice,'' ``purchased power,'' ``taxpayer
identification number,'' ``utility(ies),''
and ``we, us, and our.''
Replaces definition of ``Area Director'' with
a definition of ``BIA.''
Revises the definition of ``customer,''
``electric power utility,'' ``electric
service,'' ``operations manual,''
``service,'' ``service fee.''
Revises the definition of ``power rate'' and
replaces it with the terms ``rate'' and
``electric power rate.''
Revises the definition of ``service
agreement'' and replaces it with the term
``agreement.''
Revises the definition of ``special contract''
and replaces it with the term ``special
agreement.''
175.2 Purpose...................... 175.105 What is the purpose Revises for plain language.
of this part?
175.3 Compliance................... 175.110 Does this part Revises for plain language.
apply to me?
175.4 Authority of area director... N/A........................ Deletes provisions containing delegations of
authority to eliminate possible conflicts
with the Departmental Delegations of
Authority.
175.5 Operations manual............ 175.115 How does BIA Revises for plain language, deletes specific
administer its electric means by which public notice of changes will
power utilities? be provided, and incorporates instead the
175.120 What are Operations definition of ``public notice,'' which
Manuals?. provides for publishing information
consistent with the operations manual.
175.6 Information collection....... 175.600 How does the Revises for plain language.
Paperwork Reduction Act
affect this part?
[[Page 61117]]
175.10 Revenues collected from 175.200 Why does BIA Revises for plain language and deletes
power operations. collect revenue from you amortization as an example for what BIA may
and the other customers it use revenue.
serves, and how is that
revenue used?
175.205 When are BIA rates
and fees reviewed?.
175.11 Procedures for setting 175.210 What is BIA's Deletes provisions containing delegations of
service fees. procedure for setting authority to eliminate possible conflicts
service fees? with Departmental Delegations of Authority.
175.12 Procedures for adjusting 175.215 What is BIA's Adds a requirement for BIA to publish a
electric power rates except for procedure for adjusting proposed rate adjustment in the Federal
adjustments due to changes in the electric power rates? Register.
cost of purchased power or energy. 175.220 How long do rate
and fee adjustments stay
in effect?.
175.13 Procedures for adjusting 175.235 How does BIA Revises for plain language.
electric power rates to reflect include changes in
changes in the cost of purchased purchased power costs to
power or energy. our electric power rates?
175.20 Gratuities.................. N/A........................ This section is deleted because it is already
addressed by other laws.
175.21 Discontinuance of service... 175.315 What will happen if Revises for plain language.
I do not pay my bill?
175.22 Requirements for receiving 175.125 How do I request Revises for plain language.
electrical service. and receive service?
175.23 Customer responsibilities... N/A........................ Deleted because this provision is for a
project-specific authority addressed at the
local BIA level.
175.24 Utility responsibilities.... N/A........................ Incorporates the substance into sections
175.115 and 175.120, which refer to
operations manual instead of setting out
responsibilities.
175.30 Billing..................... 175.300 How does BIA Revises for plain language.
calculate my electric
bill?
175.31 Methods and terms of payment 175.310 How do I pay my Replaces provision stating that the utility
bill? may refuse, for cause, to accept personal
checks with a general statement that the
electric utility that serves you may provide
additional requirements.
175.32 Collections................. 175.315 What will happen if Revises for plain language.
I do not pay my bill?
175.320 What will happen if
my service is disconnected
and my account remains
delinquent?
175.40 Financing of extensions and 175.400 Will the utility Revises to direct customers to contact the
upgrades. extend or upgrade its electric power utility for more information.
electric system to serve
new or increased loads?
175.50 Obtaining rights-of-way..... 175.500 How does BIA manage Revises to direct customers to contact the
175.51 Ownership................... rights-of-way? electric power utility for more information.
175.60 Appeals to the area director 175.145 Can I appeal a BIA Combines current sections 175.60 and 175.61
175.61 Appeals to the Interior decision? into a paragraph that refers to 25 CFR part 2
Board of Indian Appeals.. rather than explicitly stating appeal
175.62 Utility actions pending the procedures. Increases the time by which BIA
appeal process.. must issue a decision on an appeal from 30
days to 60 days (see 25 CFR 2.19(a)).
Adds a new paragraph (b) to clarify that a
customer must pay the bill to continue to
receive service.
Incorporates section 175.62 into new
paragraphs (c) through (e).
----------------------------------------------------------------------------------------------------------------
New Provisions
------------------------------------------------------------------------
New final 25 CFR
Current 25 CFR section section Summary of changes
---------------------------------------------------------------------------------------------
N/A......................... 175.130 What New section.............................
information must I
provide when I
request service?
N/A......................... 175.135 Why is BIA New section.............................
collecting this
information?
N/A......................... 175.140 What is New section.............................
BIA's authority to
collect my taxpayer
identification
number?
N/A......................... 175.225 What is the New section.............................
Federal Register,
and where can I get
it?
N/A......................... 175.230 Why are New section.............................
changes to
purchased power
costs not included
in the procedure
for adjusting
electric power
rates?
[[Page 61118]]
N/A......................... 175.320 What will New section.............................
happen if my
service is
disconnected and my
account remains
delinquent?
N/A......................... 175.305 When is my New section.............................
bill due?
------------------------------------------------------------------------
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and 13563) and Reducing
Regulation and Controlling Regulatory Costs (E.O. 13771)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs in the Office of Management and
Budget will review all significant rules. The Office of Information and
Regulatory Affairs has determined that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
B. Regulatory Flexibility Act
This document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) because the rule does not make any changes
to electric power rates or service fees.
C. Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more;
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions;
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under E.O. 12630. A takings implication
assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient Federalism implications to warrant the preparation of a
Federalism summary impact statement. A Federalism summary impact
statement is not required.
G. Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consult with Indian Tribes and recognize their right to
self-governance and Tribal sovereignty. We have evaluated this rule
under the Department's consultation policy and under the criteria in
E.O. 13175 for substantial direct effects on federally recognized
Indian Tribes and have consulted with those Tribes served by the
electric power utilities subject to this rule. We hosted two in-person
Tribal consultation sessions in the vicinity of Tribes served by the
electric power utilities: One on April 14, 2016, in Pablo, Montana, and
one on April 19, 2016, in Phoenix, Arizona. One Tribe submitted
comments on the draft regulation, to which we have responded by letter
because the comments are primarily unique to the local utility. We
included an offer in the proposed rule for any Tribe that would like
additional consultation opportunities on the proposed regulatory
changes to contact BIA. No Tribe requested additional consultation
opportunities on the rule.
I. Paperwork Reduction Act
The information collection requirements contained in 25 CFR part
175 are authorized by OMB Control Number 1076-0021, with an expiration
date of June 30, 2019. A submission to the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is
not required because this rule would not affect the information
collection requirements contained in 25 CFR part 175. We may not
conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
J. National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. This
rule is excluded from the requirement to prepare a detailed statement
because it is a regulation of an administrative nature. (For further
information, see 43 CFR 46.210(i).) We have also determined that the
rule does not involve any of the extraordinary circumstances listed in
43 CFR 46.215 that would require further analysis under NEPA.
[[Page 61119]]
K. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
List of Subjects in 25 CFR Part 175
Administrative practice and procedure, Electric power, Indians--
lands, Reporting and recordkeeping requirements.
0
For the reasons given in the preamble, the Department of the Interior
amends chapter 1 of title 25 Code of Federal Regulations by revising
part 175 to read as follows.
PART 175--ELECTRIC POWER UTILITIES
Subpart A--General Provisions
Sec.
175.100 What terms should I know for this part?
175.105 What is the purpose of this part?
175.110 Does this part apply to me?
175.115 How does BIA administer its electric power utilities?
175.120 What are Operations Manuals?
175.125 How do I request and receive service?
175.130 What information must I provide when I request service?
175.135 Why is BIA collecting this information?
175.140 What is BIA's authority to collect my taxpayer
identification number?
175.145 Can I appeal a BIA decision?
Subpart B--Service Fees, Electric Power Rates, and Revenues
175.200 Why does BIA collect revenue from you and the other
customers it serves, and how is that revenue used?
175.205 When are BIA rates and fees reviewed?
175.210 What is BIA's procedure for adjusting service fees?
175.215 What is BIA's procedure for adjusting electric power rates?
175.220 How long do rate and fee adjustments stay in effect?
175.225 What is the Federal Register, and where can I get it?
175.230 Why are changes to purchased power costs not included in the
procedure for adjusting electric power rates?
175.235 How does BIA include changes in purchased power costs to our
electric power rates?
Subpart C--Billing, Payments, and Collections
175.300 How does BIA calculate my electric power bill?
175.305 When is my bill due?
175.310 How do I pay my bill?
175.315 What will happen if I do not pay my bill?
175.320 What will happen if my service is disconnected and my
account remains delinquent?
Subpart D--System Extensions and Upgrades, Rights-of-Way, and Paperwork
Reduction Act
175.400 Will the utility extend or upgrade its electric system to
serve new or increased loads?
175.500 How does BIA manage rights-of-way?
175.600 How does the Paperwork Reduction Act affect this part?
Authority: 5 U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c; 43 Stat.
475-76; 45 Stat. 210-13; 49 Stat. 1039-40; 49 Stat. 1822-23; 54
Stat. 422; 62 Stat. 269-73; 65 Stat. 254; 99 Stat. 319-20.
Subpart A--General Provisions
Sec. 175.100 What terms I should know for this part?
Agreement means the executed written form between you and the
utility providing your service, except for service provided under a
Special Agreement.
BIA means the Bureau of Indian Affairs within the United States
Department of the Interior or the BIA's authorized representative.
Bill means our written statement notifying you of the charges and/
or fees you owe the United States for the administration, operation,
maintenance, rehabilitation, and/or construction of the electric power
utility servicing you.
CFR means Code of Federal Regulations.
Customer means any person or entity to whom we provide service.
Customer service is the assistance or service provided to
customers, except for the actual delivery of electric power or energy.
Customer service may include: Line extension, system upgrade, meter
testing, connections or disconnection, special meter reading, or other
assistance or service as provided in the Operations Manual.
Day(s) means calendar day(s).
Delinquent means an account that has not been paid and settled by
the due date.
Due date means the date by which you must pay your bill. The due
date is printed on your bill.
Electric energy (see Electric power).
Electric power means the energy we deliver to meet customers'
electrical needs.
Electric power rate means the charges we establish for delivery of
energy to our customers, which includes administration costs and
operation and maintenance costs in addition to the cost of purchased
power.
Electric power utility means all structures, equipment, components,
and human resources necessary for the delivery of electric service.
Electric service means the delivery of electric power by our
utility to our customers.
Energy means electric power.
Fee (see Service fee).
I, me, my, you, and your means all interested parties, especially
persons or entities to which we provide service and receive use of our
electric power service.
Must means an imperative or mandatory act or requirement.
Operations Manual means the written policies, practices, procedures
and requirements of the utility providing your service. The Operations
Manual supplements this Part and includes our responsibilities to our
customers and our customers' responsibilities to the utility.
Past due bill means a bill that has not been paid by the due date.
Power (see Energy).
Public notice is the notice provided by publishing information
consistent with the utility's Operations Manual.
Purchased power means the power we must purchase from power
marketing providers for resale to our customers to meet changing power
demands. Each of our utilities establishes its own power purchasing
agreement based on its power demands and firm power availability.
Rate (see Electric power rate).
Reserve Funds means funds held in reserve for maintenance, repairs,
or unexpected expenses.
Revenue means the monies we collect from our customers through
service fees and electric power rates.
Service (see Electric service).
Service fee means our charge for providing or performing a specific
administrative or customer service.
Special Agreement means a written agreement between you and us for
special conditions or circumstances including unmetered services.
Taxpayer identification number means either your Social Security
Number or your Employer Identification Number.
Utility(ies) see (Electric power utility).
Utility office(s) means our facility used for conducting business
with our customers and the general public.
We, us, and our means the United States Government, the Secretary
of the Interior, the BIA, and all who are authorized to represent us in
matters covered under this Part.
Sec. 175.105 What is the purpose of this part?
The purpose of this part is to establish the regulations for
administering BIA electric power utilities.
[[Page 61120]]
Sec. 175.110 Does this part apply to me?
This part applies to you if we provide you service or if you
request service from us.
Sec. 175.115 How does BIA administer its electric power utilities?
We promote efficient administration, operation, maintenance, and
construction of our utilities by following and enforcing:
(a) Applicable statutes, regulations, Executive Orders, Indian
Affairs manuals, Operations Manuals;
(b) Applicable written policies, procedures, directives, safety
codes; and
(c) Utility industry standards.
Sec. 175.120 What are Operations Manuals?
(a) We maintain an Operations Manual for each of our utilities.
Each utility's Operations Manual is available at the utility.
(b) The Operations Manual sets forth the requirements for the
administration, management, policies, and responsibilities of that
utility and its customers.
(c) We update our Operations Manual for each utility to reflect
changing requirements to administer, operate, or maintain that utility.
(d) When we determine it necessary to revise an Operations Manual,
we will:
(1) Provide public notice of the proposed revision;
(2) State the effective date of the proposed revision;
(3) State how and when to submit your comments on our proposed
revision;
(4) Provide 30 days from the date of the notice to submit your
comments; and
(5) Consider your comments and provide notice of our final
decision.
Sec. 175.125 How do I request and receive service?
(a) If you need electrical service in an area where we provide
service, you must contact our utility in that service area.
(b) To receive service, you must enter into an Agreement with that
utility after it has determined that you have met its requirements.
Sec. 175.130 What information must I provide when I request service?
At a minimum, you must provide the utility with the following
information when you request service:
(a) Your full legal name or the legal name of the entity needing
service;
(b) Your taxpayer identification number;
(c) Your billing address;
(d) Your service address; and
(e) Any additional information required by the utility.
Sec. 175.135 Why is BIA collecting this information?
We are collecting this information so we can:
(a) Provide you with service;
(b) Bill you for the service we provide; and
(c) Account for monies you pay us, including any deposits as
outlined in the Operations Manual.
Sec. 175.140 What is BIA's authority to collect my tax payer
identification number?
We are required to collect your taxpayer identification number
under the authority of, and as prescribed in, the Debt Collection
Improvement Act of 1996, Public Law 104-134 (110 Stat. 1321-364).
Sec. 175.145 Can I appeal a BIA decision?
(a) You may appeal a decision in accordance with the procedures set
out in 25 CFR part 2, unless otherwise prohibited by law.
(b) If the appeal involves the discontinuation of service, the
utility is not required to resume the service during the appeal process
unless the customer meets the utility's requirements.
(c) If you appeal your bill, you must pay your bill in accordance
with this part to continue to receive service from us.
(1) If the appeal involves the amount of your bill, the bill will
be considered paid under protest until the final decision has been
rendered on appeal.
(2) If you appeal your bill but do not pay the bill in full, you
may not continue to receive service from us. If the final decision
rendered in the appeal requires payment of the bill, the bill will be
handled as a delinquent account and the amount of the bill may be
subject to interest, penalties, and administrative costs pursuant to 31
U.S.C. 3717 and 31 CFR 901.9.
(3) If the appeal involves an electric power rate, the rate will be
applied and remain in effect subject to the final decision on the
appeal.
Subpart B--Service Fees, Electric Power Rates, and Revenues
Sec. 175.200 Why does BIA collect revenue from you and the other
customers it serves, and how is that revenue used?
(a) The revenue we collect from you and the other customers is
authorized by 25 U.S.C. 385c (60 Stat. 895, as amended by 65 Stat.
254).
(b) The revenue we collect may be used to:
(1) Pay for operation and maintenance of the utility;
(2) Maintain Reserve Funds to:
(i) Make repairs and replacements to the utility;
(ii) Defray emergency expenses;
(iii) Ensure the continuous operation of the power system; and
(iv) Pay other allowable expenses and obligations to the extent
required or permitted by law.
Sec. 175.205 When are BIA rates and fees reviewed?
We review our rates and fees at least annually to:
(a) Determine if our financial requirements are being met to ensure
the reliable operation of the utility serving you; and
(b) Determine if revenues are sufficient to meet the statutory
requirements.
Sec. 175.210 What is BIA's procedure for adjusting service fees?
If, based on our annual review, we determine our service fees need
to be adjusted:
(a) We will notify you at least 30 days prior to the effective date
of the adjustment; and
(b) We will publish a schedule of the adjusted service fees in a
local newspaper(s) and post them in the local utility office serving
you.
Sec. 175.215 What is BIA's procedure for adjusting electric power
rates?
Except for purchased power costs, if we determine electric power
rates need to be adjusted, we will:
(a) Hold public meetings and notify you of their respective time,
date, and location by newspaper notice and a notice posted in the
utility office serving you;
(b) Provide you notice at least 15 days prior to the meeting;
(c) Provide you a description of the proposed rate adjustment;
(d) Provide you information on how, where, and when to submit
comments on our proposed rate adjustment;
(e) Make a final determination on the proposed rate adjustment
after all comments have been received, reviewed, and evaluated; and
(f) Publish the proposed rate adjustment and the final rate in the
Federal Register if we determine the rate adjustment is necessary.
Sec. 175.220 How long do rate and fee adjustments stay in effect?
These adjustments remain in effect until we conduct a review and
determine adjustments are necessary.
Sec. 175.225 What is the Federal Register, and where can I get it?
The Federal Register is the official daily publication for rules,
proposed rules, and notices of official actions by Federal agencies and
organizations, as
[[Page 61121]]
well as Executive Orders and other Presidential Documents and is
produced by the Government Printing Office (GPO). You can get Federal
Register publications by:
(a) Visiting www.federalregister.gov or www.gpo.gov/fdsys;
(b) Writing to the GPO at Superintendent of Documents, P.O. Box
371954, Pittsburgh, PA 15250-7954; or
(c) Calling the GPO at (202) 512-1800.
Sec. 175.230 Why are changes to purchased power costs not included in
the procedure for adjusting electric power rates?
Changes to purchased power costs are not included in the procedure
for adjusting electric power rates because unforeseen increases in the
cost of purchased power are:
(a) Not under our control;
(b) Determined by current market rates; and
(c) Subject to market fluctuations that can occur at an
undetermined time and frequency.
Sec. 175.235 How does BIA include changes in purchased power costs in
electric power rates?
When our cost of purchased power changes:
(a) We determine the effect of the change;
(b) We adjust the purchased power component of your bill
accordingly;
(c) We add the purchased power adjustment to the existing electric
power rate and put it into effect immediately;
(d) The purchased power adjustment remains in effect until we
determine future adjustments are necessary;
(e) We must publish in the local newspaper and post at our office a
notice of the purchase power adjustment and the basis for the
adjustment; and
(f) Our decision to make a purchased power adjustment must be
final.
Subpart C--Billing, Payments, and Collections
Sec. 175.300 How does BIA calculate my electric power bill?
(a) We calculate your electric power bill based on the:
(1) Current rate schedule for your type service; and
(2) Applicable service fees for your type service.
(b) If you have a metered service we must:
(1) Read your meter monthly;
(2) Calculate your bill based on your metered energy consumption;
and
(3) Issue your bill monthly, unless otherwise provided in a Special
Agreement.
(c) If we are unable to calculate your metered energy consumption,
we must make a reasonable estimate based on one of the following
reasons:
(1) Your meter has failed;
(2) Your meter has been tampered with; or
(3) Our utility personnel are unable to read your meter.
(d) If you have an unmetered service, we calculate your bill in
accordance with your Special Agreement.
Sec. 175.305 When is my bill due?
The due date is provided on your bill.
Sec. 175.310 How do I pay my bill?
You may pay your bill by any of the following methods:
(a) In person at our utility office;
(b) Mail your payment to the address stated on your bill; or
(c) As further provided by the electric utility that serves you.
Sec. 175.315 What will happen if I do not pay my bill?
(a) If you do not pay your bill prior to the close of business on
the due date, your bill will be past due.
(b) If your bill is past due we may:
(1) Disconnect your service; and
(2) Not reconnect your service until your bill, including any
applicable fees, is paid in full.
(c) Specific regulations regarding non-payment can be found in 25
CFR 143.5(c).
Sec. 175.320 What will happen if my service is disconnected and my
account remains delinquent?
(a) If your service has been disconnected and you still have an
outstanding balance, we will assess you interest, penalties, and
administrative costs in accordance with 31 CFR 901.9.
(b) We must forward your delinquent balance to the United States
Treasury if it is not paid within 180 days after the original due date
in accordance with 31 CFR 901.1.
Subpart D--System Extensions and Upgrades, Rights-of-Way, and
Paperwork Reduction Act
Sec. 175.400 Will the utility extend or upgrade its electric system
to serve new or increased loads?
The utility may extend or upgrade its electric system to serve new
or increased loads. Contact your electric power utility providing
service in your area for further information on new or increased loads.
Sec. 175.500 How does BIA manage rights-of-way?
Contact your electric power utility providing service in your area
for further information on rights-of-way.
Sec. 175.600 How does the Paperwork Reduction Act affect this part?
The collection of information contained in this part have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned OMB Control Number 1076-0021. Response is required to
obtain a benefit. A Federal agency may not conduct or sponsor, and you
are not required to respond to, a collection of information unless the
form or regulation requesting the information displays a currently
valid OMB Control Number. Send comments regarding this collection of
information, including suggestions for reducing the burden, to the
Information Collection Clearance Officer--Indian Affairs, 1849 C Street
NW, Washington, DC 20240.
Dated: October 31, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2018-25943 Filed 11-27-18; 8:45 am]
BILLING CODE 4337-15-P
