Suspension of the Financial Reserves Policy Surcharge for the Remainder of the BP-20 Rate Period; Public Hearing and Opportunities for Public Review and Comment, 37444-37447 [2020-13248]

Download as PDF 37444 Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices DEPARTMENT OF EDUCATION [Docket No.: ED–2020–SCC–0101] Agency Information Collection Activities; Comment Request; Protection and Advocacy of Individual Rights Program Assurances Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection. DATES: Interested persons are invited to submit comments on or before August 21, 2020. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use https://www.regulations.gov by searching the Docket ID number ED– 2020–SCC–0101. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at https:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at ICDocketMgr@ed.gov. Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 6W–208D, Washington, DC 20202–4537. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Samuel Pierre, 202–245–6488. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the SUMMARY: VerDate Sep<11>2014 18:08 Jun 19, 2020 Jkt 250001 Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Protection and Advocacy of Individual Rights Program Assurances. OMB Control Number: 1820–0625. Type of Review: An extension of an existing information collection. Respondents/Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Annual Responses: 57. Total Estimated Number of Annual Burden Hours: 9. Abstract: Section 509 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by the Title IV of Workforce Innovation and Opportunity Act (WIOA) and its implementing Federal Regulations at 34 CFR part 381, require the PAIR grantees to submit an application to the RSA Commissioner in order to receive assistance under Section 509 of the Rehabilitation Act. The Rehabilitation Act requires that the application contain Assurances to which the grantees must comply. Section 509(f) of the Rehabilitation Act specifies the Assurances. All 57 PAIR grantees are required to be part of the protection and advocacy system in each State established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 6041 et seq.). Dated: June 17, 2020. Kate Mullan, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer. [FR Doc. 2020–13344 Filed 6–19–20; 8:45 am] BILLING CODE 4000–01–P PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY Bonneville Power Administration [BPA File No.: BP–20E] Suspension of the Financial Reserves Policy Surcharge for the Remainder of the BP–20 Rate Period; Public Hearing and Opportunities for Public Review and Comment Bonneville Power Administration (Bonneville), Department of Energy (DOE). ACTION: Suspension of the Financial Reserves Policy Surcharge for the remainder of the BP–20 rate period. AGENCY: Bonneville is holding an expedited rate proceeding pursuant to Section 7(i) of the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) to suspend the application of the Financial Reserves Policy Surcharge (FRP Surcharge) for the remainder of the BP–20 rate period. The Northwest Power Act requires that Bonneville’s rates be established based on the record of a formal hearing. By this notice, Bonneville announces the commencement of an expedited rate proceeding, designated as the ‘‘BP–20E’’ proceeding, for the limited purpose of suspending the FRP Surcharge for the remainder of the BP–20 rate period. As explained in Part IV.C, the effective date would depend on the timing of approval by the Federal Energy Regulatory Commission. SUMMARY: Prehearing Conference: The BP– 20E proceeding begins with a prehearing conference at 1:00 p.m. on Thursday, June 25, 2020, which will be held telephonically. Interested parties may obtain the call-in information by accessing Bonneville’s BP–20E rate case web page at https://www.bpa.gov/goto/ BP20E or by contacting the Hearing Clerk at BP20Eclerk@gmail.com. Intervention and Notice of Objection: Anyone intending to become a party to the BP–20E expedited proceeding must file a petition to intervene on Bonneville’s secure website no later than 4:30 p.m. on June 24, 2020. In addition, any person or entity that intends to object to Bonneville’s proposal must include a notice of objection in its petition to intervene. See Part III in SUPPLEMENTARY INFORMATION for details on requesting access to the secure website and filing a petition to intervene. Participant Comments: Written comments by non-party participants must be received by June 26, 2020, to be considered in the Administrator’s DATES: E:\FR\FM\22JNN1.SGM 22JNN1 37445 Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices Record of Decision (ROD). See Part III in SUPPLEMENTARY INFORMATION for details on submitting participant comments. FOR FURTHER INFORMATION CONTACT: Ms. Heidi Helwig, Bonneville Communications, by phone at (503) 230–3458, or by email at hyhelwig@ bpa.gov. The Hearing Clerk for this proceeding can be reached via email at BP20Eclerk@gmail.com. Please direct questions regarding Bonneville’s secure website to the BP– 20E Rate Hearing Coordinator via email at cwgriffen@bpa.gov or, if the question is time-sensitive, via telephone at (503) 230–5107. Responsible Officials: Mr. Daniel H. Fisher, Power Rates Manager, is the official responsible for the development of Bonneville’s power rates, and Ms. Rebecca E. Fredrickson, Deputy Vice President of Transmission Marketing and Sales, is the official responsible for the development of Bonneville’s transmission rates. SUPPLEMENTARY INFORMATION: Table of Contents Part I. Introduction and Procedural Matters Part II. Scope of BP–20E Rate Proceeding Part III. Public Participation in BP–20E Part IV. Rate Proposal Part V. Proposed Rate Schedules Part I—Introduction and Procedural Matters A. Introduction and Expedited Process Bonneville’s proposal to suspend the Power and Transmission FRP Surcharge for the remainder of the BP–20 rate period is expected to result in a reduction of Bonneville’s current power rates, providing rate relief to millions of Pacific Northwest ratepayers during the COVID–19 pandemic. In FY 2021, this proposal would reduce power rates, as the FRP Surcharge triggered in FY 2020 and is expected to again trigger in FY 2021. The proposal should not impact transmission rates as the FRP Surcharge did not trigger in FY 2020 and is not expected to trigger in FY 2021. In compliance with the procedures for the establishment of Bonneville rates set forth in Section 7(i) of the Northwest Power Act, Bonneville is conducting the hearing process for the review of this proposal on an expedited basis in an effort to provide the opportunity for timely rate relief. The Rules of Procedure that govern Bonneville’s rate proceedings were published in the Federal Register, 83 FR 39993 (Aug. 13, 2018), and posted on Bonneville’s website at https:// www.bpa.gov/Finance/RateCases/ RulesProcedure/Pages/default.aspx. Sections 1010.4(b)(4) and 1010.22 of the Rules of Procedure provide for expedited rate processes such as the BP–20E proceeding. An expedited proceeding is necessary in this case in order to enable prompt implementation of the proposal, which would result in a reduction to power rates and assurance transmission rates would not go up. In order to facilitate the expedited process, pursuant to Section 1010.1(e) of the Rules of Procedure, the Administrator authorizes the Hearing Officer to waive any procedural requirements of the rules for the purpose of developing the record and completing the proceeding on an expedited basis. B. Proposed Expedited Procedural Schedule The purpose of this proceeding is narrow, with the suspension of the FRP Surcharge the only issue within its scope. Bonneville publicly announced its proposal to suspend the FRP Surcharge on May 29, 2020, and held a public meeting on June 5, 2020, to discuss its proposal and the use of an expedited process and schedule. The Hearing Officer is directed to use this schedule if no objections to the proposal are submitted with any of the petitions to intervene, as required by Part III.B of this notice. Federal Register notice publication date Initial proposal released Deadline for Petitions to Intervene and Notices of Objection ............................................................................. Prehearing Conference ....................................................................................................................................... Close of Participant Comments ........................................................................................................................... Final Record of Decision ..................................................................................................................................... If an objection is raised in a petition to intervene, the Hearing Officer is directed to adopt an alternative procedural schedule at the Prehearing Conference to establish an expedited process for the rest of the proceeding. If an objection is raised, Bonneville will hold a telephonic Scheduling Conference with prospective parties on June 25, 2020, at 9:00 a.m. to attempt to develop an alternative procedural schedule to propose to the Hearing Officer at the Prehearing Conference. Any procedural schedule adopted by the Hearing Officer must provide for issuance of the Administrator’s Record of Decision no later than 90 days after publication of this Federal Register Notice. The Hearing Officer is strongly encouraged to conclude the proceeding in less than 90 days and may circumscribe or reduce the timing or availability of any procedural activities in the case as he or she determines are VerDate Sep<11>2014 18:08 Jun 19, 2020 Jkt 250001 unnecessary or overly burdensome in consideration of the limited scope and purpose of this case. The Administrator does not intend to hold oral argument or issue a draft Record of Decision in this proceeding, so the Hearing Officer is directed to exclude those steps and any briefs on exception from the procedural schedule. C. Ex Parte Communications Section 1010.5 of the Rules of Procedure prohibits ex parte communications. Ex parte communications include any oral or written communication (1) relevant to the merits of any issue in the proceeding; (2) that is not on the record; and (3) with respect to which reasonable prior notice has not been given. The ex parte rule applies to communications with all Bonneville and DOE employees and contractors, the Hearing Officer, and the Hearing Clerk during the PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 June June June June 24, 25, 26, 29, 2020. 2020. 2020. 2020. proceeding. Except as provided, any communications with persons covered by the rule regarding the merits of any issue in the proceeding by other executive branch agencies, Congress, existing or potential Bonneville customers, nonprofit or public interest groups, or any other non-DOE parties are prohibited. The rule explicitly excludes and does not prohibit communications (1) relating to matters of procedure; (2) otherwise authorized by law or the Rules of Procedure; (3) from or to the Federal Energy Regulatory Commission (Commission); (4) that all litigants agree may be made on an ex parte basis; (5) in the ordinary course of business, about information required to be exchanged under contracts, or in information responding to a Freedom of Information Act request; (6) between the Hearing Officer and Hearing Clerk; (7) in meetings for which prior notice has been given; or (8) as otherwise specified E:\FR\FM\22JNN1.SGM 22JNN1 37446 Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices in Section 1010.5(b) of the Rules of Procedure. The prohibition on ex parte communications applies from the date of publication of this notice and remains in effect until the Administrator’s Record of Decision is issued. Part II—Scope of BP–20E Rate Proceeding The scope of the BP–20E rate proceeding is limited to consideration of the proposal to suspend the FRP Surcharge for the remainder of the BP– 20 rate period. Bonneville may revise the scope of the proceeding to include new issues that arise as a result of circumstances or events occurring outside the proceeding that are substantially related to the rates under consideration in the proceeding. See Rules of Procedure, Section 1010.4(b)(8)(iii), (iv). If Bonneville revises the scope of the proceeding to include new issues, Bonneville will provide public notice on its website, present testimony or other information regarding such issues, and provide a reasonable opportunity to intervene and respond to Bonneville’s testimony or other information. Id. Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the Administrator directs the Hearing Officer to exclude from the record all argument, testimony, or other evidence that challenges the appropriateness or reasonableness of any other matter, issue, topic, or policy that is not directly related to suspension of the FRP Surcharge for the remainder of the BP–20 rate period. Part III—Public Participation in BP– 20E A. Distinguishing Between ‘‘Participants’’ and ‘‘Parties’’ Bonneville distinguishes between ‘‘participants in’’ and ‘‘parties to’’ the hearings. Separate from the formal hearing process, Bonneville will receive written comments, views, opinions, and information from participants who may submit comments without being subject to the duties of, or having the privileges of, parties. Participants do not have the same procedural rights and are not subject to the same procedural requirements as parties. Bonneville customers whose rates are subject to this proceeding, or their affiliated customer groups, may not submit participant comments. Members or employees of organizations that have intervened in the proceeding may submit participant comments as private individuals (that is, not speaking for their organizations) but may not use the comment procedures to address specific issues raised by their intervenor organizations. VerDate Sep<11>2014 18:08 Jun 19, 2020 Jkt 250001 Written comments by participants will be included in the record and considered by the Administrator if they are received by June 26, 2020. Participants should submit comments through Bonneville’s website at https:// www.bpa.gov/comment. All comments should contain the designation ‘‘BP– 20E’’ in the subject line. B. Interventions and Notices of Objections 1. Intervention Any entity or person intending to become a party to in the BP–20E rate proceeding must file a petition to intervene through Bonneville’s secure website (https://www.bpa.gov/secure/ Ratecase/). A first-time user of Bonneville’s secure website must create a user account to submit an intervention. Returning users may request access to the BP–20E rate proceeding through their existing accounts, and may submit interventions once their permissions have been updated. The secure website contains a link to the user guide, which provides step-by-step instructions for creating user accounts, generating filing numbers, submitting filings, and uploading interventions. Please contact the Rate Hearing Coordinator via email at cwgriffen@bpa.gov or, if the question is time-sensitive, via telephone at (503) 230–5107 with any questions regarding the submission process. A petition to intervene must conform to the format and content requirements set forth in Sections 1010.6 and 1010.11 of the Rules of Procedure and must be uploaded to the BP–20E rate proceeding secure website by June 24, 2020. Pursuant to Section 1010.1(e) of the Rules of Procedure, the Administrator is modifying the procedures for objections to petitions to intervene provided under Section 1010.6(d). For the BP–20E proceeding, objections to a petition to intervene must be raised at the Prehearing Conference. All petitions and any objections will be ruled on by the Hearing Officer at the Prehearing Conference. Late interventions are strongly disfavored. Opposition to an untimely petition to intervene must be filed within two business days after service of the petition. 2. Notice of Objections to BP–20E Proposal A petition to intervene must also affirmatively state whether the entity intends to object to the proposal in this Federal Register Notice or the expedited process and schedule. A petition to intervene that does not state a position PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 will be deemed to have made no objection. C. Developing the Record The hearing record will include, among other things, the transcripts of the hearing, written evidence and argument entered into the record by Bonneville and the parties, written comments from participants, and other material accepted into the record by the Hearing Officer. The Hearing Officer will review the record and certify the record to the Administrator. The Administrator will make a final determination on the issue in this proceeding based on the record and such other materials and information as may have been submitted to or developed by the Administrator. The Final ROD will be made available to all parties. Bonneville will submit the Final ROD and the hearing record to the Commission for confirmation and approval after issuance of the Final ROD (see Part IV.C of this notice). Part IV—Rate Proposal A. Background on the FRP Surcharge The FRP Surcharge collects additional revenue through adjustments to rates when Bonneville’s financial reserves (cash and cash equivalents) fall below certain identified financial thresholds. The surcharge is a component of the Financial Reserves Policy, which was developed in the BP–18 rate proceeding. The Financial Reserves Policy is designed to support the long-term financial health of the agency by ensuring Bonneville maintains a minimum level of financial reserves for liquidity and risk mitigation. The Financial Reserves Policy provides for each of Bonneville’s business units (Power and Transmission) to maintain a minimum balance of financial reserves calculated as the equivalent to 60 days of operating cash. For Power, 60 days cash is approximately $300 million; for Transmission, 60 days cash is approximately $100 million. If a business unit’s financial reserves falls below the identified threshold, the FRP Surcharge triggers, increasing that business unit’s rates up to a specified amount for the fiscal year. Power and Transmission financial reserves are evaluated each fiscal year, with the application of the FRP Surcharge (if any) beginning with the December billing cycle. The FRP Surcharge for the FY 2020– 2021 rate period was established in the BP–20 rate proceeding. The BP–20 rates received final Commission approval on April 17, 2020. For FY 2020, the FRP Surcharge for the Power business unit E:\FR\FM\22JNN1.SGM 22JNN1 Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices triggered, resulting in a $30 million increase to power rates beginning in December 2019. Based on current endof-year projections, the FRP Surcharge is expected to again trigger for the Power business unit in FY 2021. The FRP Surcharge for the Transmission business unit did not trigger in FY 2020 and is not expected to trigger in FY 2021. Part V—Proposed Rate Schedules Bonneville’s proposed General Rate Schedule Provisions for the Power and Transmission Financial Reserves Policy Surcharges for the remainder of the BP– 20 rate period are a part of this notice and are available for viewing and downloading on Bonneville’s website at https://www.bpa.gov/goto/BP20E. B. Background on National Emergency Signing Authority This document of the Department of Energy was signed on June 15, 2020, by Elliot E. Mainzer, Administrator and Chief Executive Officer of the Bonneville Power Administration, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. On March 13, 2020, the President declared the outbreak of COVID–19 in the United States a national emergency. Since then, much of the United States has been under stay-at-home orders. The impacts of COVID–19 on the national economy are only beginning to be understood. With near-record unemployment in many regional communities, Bonneville’s utility customers have had to lay off staff, rely on cash reserves, and/or use short-term credit to maintain operations. Throughout the pandemic, Bonneville has cooperatively worked with its customers to ensure that they are able to continue to provide essential utility services to regional homes and businesses. As part of these discussions, customers requested Bonneville to consider offering immediate rate relief through the suspension of the FRP Surcharge. C. Rate Proposal: Suspension of the FRP Surcharge Bonneville proposes to suspend the FRP Surcharge for the remainder of the BP–20 rate period. Specifically, the General Rate Schedule Provisions for the Power and Transmission FRP Surcharges currently in effect would be replaced by the rate schedules identified at https://www.bpa.gov/goto/BP20E. Bonneville intends to seek Commission approval effective on the first day of the month following the issuance of the Administrator’s Final ROD. If the BP–20E proceeding follows the procedural schedule included in Part I.B of this notice, Bonneville would seek Commission approval effective July 1, 2020. If the Commission were to grant approval of this proposal effective on any day other than the first day of the month, then the rate relief would be effective beginning the first day of the following month. Suspension of the Power FRP Surcharge would also require small changes to the Load Shaping Charge True-Up Rate and PF Melded Equivalent Scalar for Fiscal Year 2020, both of which would be adjusted depending upon the effective date provided by the Commission. VerDate Sep<11>2014 18:08 Jun 19, 2020 Jkt 250001 Signed in Washington, DC, on June 16, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–13248 Filed 6–19–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Secretary of Energy Advisory Board Office of the Secretary, Department of Energy. ACTION: Notice of open meeting. AGENCY: This notice announces an open meeting of the Secretary of Energy Advisory Board (SEAB). This notice is provided in accordance with the Federal Advisory Committee Act. DATES: Tuesday, July 28, 2020; 10:00 a.m.–3:00 p.m. (EDT). ADDRESSES: Building 922 Conference Center, National Energy Technology Laboratory, 1538 Wallace Road, South Park Township, Pennsylvania 15129. FOR FURTHER INFORMATION CONTACT: Kurt Heckman, SEAB Designated Federal Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585; Phone: (202) 586–1212; email: seab@hq.doe.gov. SUPPLEMENTARY INFORMATION: Background: The Board was established to provide advice and SUMMARY: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 37447 recommendations to the Secretary on the Administration’s energy policies; the Department’s basic and applied research and development activities; economic and national security policy; and other activities as directed by the Secretary. Purpose of the Meeting: This meeting is the fifth meeting of existing and new members under Secretary Perry, and now Secretary Brouillette. Tentative Agenda: The meeting will start at 10:00 a.m. on July 28th. The tentative meeting agenda includes: Introduction of SEAB’s members, briefings from the Under Secretaries, discussion on agency branding, and an opportunity for comments from the public. The meeting will conclude at 3:00 p.m. Public Participation: The meeting is open to the public. Individuals who would like to attend must RSVP to Kurt Heckman no later than 5:00 p.m. on Wednesday, July 22, 2020, by email at: seab@hq.doe.gov. Individuals and representatives of organizations who would like to offer comments and suggestions may do so during the meeting. Approximately 15 minutes will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but will not exceed five minutes. The Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Those wishing to speak should register to do so via email, seab@hq.doe.gov, no later than 5 p.m. on Wednesday, July 22, 2020. Those not able to attend the meeting or who have insufficient time to address the committee are invited to send a written statement to Kurt Heckman, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, or email to: seab@hq.doe.gov. Minutes: The minutes of the meeting will be available on the SEAB website or by contacting Mr. Heckman. He may be reached at the above postal address or email address, or by visiting SEAB’s website at www.energy.gov/seab. Signed in Washington, DC, on June 17, 2020. LaTanya Butler, Deputy Committee Management Officer. [FR Doc. 2020–13395 Filed 6–19–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Nevada Office of Environmental Management, Department of Energy. AGENCY: E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37444-37447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13248]


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DEPARTMENT OF ENERGY

Bonneville Power Administration

[BPA File No.: BP-20E]


Suspension of the Financial Reserves Policy Surcharge for the 
Remainder of the BP-20 Rate Period; Public Hearing and Opportunities 
for Public Review and Comment

AGENCY: Bonneville Power Administration (Bonneville), Department of 
Energy (DOE).

ACTION: Suspension of the Financial Reserves Policy Surcharge for the 
remainder of the BP-20 rate period.

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

SUMMARY: Bonneville is holding an expedited rate proceeding pursuant to 
Section 7(i) of the Pacific Northwest Electric Power Planning and 
Conservation Act (Northwest Power Act) to suspend the application of 
the Financial Reserves Policy Surcharge (FRP Surcharge) for the 
remainder of the BP-20 rate period. The Northwest Power Act requires 
that Bonneville's rates be established based on the record of a formal 
hearing. By this notice, Bonneville announces the commencement of an 
expedited rate proceeding, designated as the ``BP-20E'' proceeding, for 
the limited purpose of suspending the FRP Surcharge for the remainder 
of the BP-20 rate period. As explained in Part IV.C, the effective date 
would depend on the timing of approval by the Federal Energy Regulatory 
Commission.

DATES: Prehearing Conference: The BP-20E proceeding begins with a 
prehearing conference at 1:00 p.m. on Thursday, June 25, 2020, which 
will be held telephonically. Interested parties may obtain the call-in 
information by accessing Bonneville's BP-20E rate case web page at 
https://www.bpa.gov/goto/BP20E or by contacting the Hearing Clerk at 
[email protected].
    Intervention and Notice of Objection: Anyone intending to become a 
party to the BP-20E expedited proceeding must file a petition to 
intervene on Bonneville's secure website no later than 4:30 p.m. on 
June 24, 2020. In addition, any person or entity that intends to object 
to Bonneville's proposal must include a notice of objection in its 
petition to intervene. See Part III in SUPPLEMENTARY INFORMATION for 
details on requesting access to the secure website and filing a 
petition to intervene.
    Participant Comments: Written comments by non-party participants 
must be received by June 26, 2020, to be considered in the 
Administrator's

[[Page 37445]]

Record of Decision (ROD). See Part III in SUPPLEMENTARY INFORMATION for 
details on submitting participant comments.

FOR FURTHER INFORMATION CONTACT: Ms. Heidi Helwig, Bonneville 
Communications, by phone at (503) 230-3458, or by email at 
[email protected].
    The Hearing Clerk for this proceeding can be reached via email at 
[email protected].
    Please direct questions regarding Bonneville's secure website to 
the BP-20E Rate Hearing Coordinator via email at [email protected] or, 
if the question is time-sensitive, via telephone at (503) 230-5107.
    Responsible Officials: Mr. Daniel H. Fisher, Power Rates Manager, 
is the official responsible for the development of Bonneville's power 
rates, and Ms. Rebecca E. Fredrickson, Deputy Vice President of 
Transmission Marketing and Sales, is the official responsible for the 
development of Bonneville's transmission rates.

SUPPLEMENTARY INFORMATION:

Table of Contents

Part I. Introduction and Procedural Matters
Part II. Scope of BP-20E Rate Proceeding
Part III. Public Participation in BP-20E
Part IV. Rate Proposal
Part V. Proposed Rate Schedules

Part I--Introduction and Procedural Matters

A. Introduction and Expedited Process

    Bonneville's proposal to suspend the Power and Transmission FRP 
Surcharge for the remainder of the BP-20 rate period is expected to 
result in a reduction of Bonneville's current power rates, providing 
rate relief to millions of Pacific Northwest ratepayers during the 
COVID-19 pandemic. In FY 2021, this proposal would reduce power rates, 
as the FRP Surcharge triggered in FY 2020 and is expected to again 
trigger in FY 2021. The proposal should not impact transmission rates 
as the FRP Surcharge did not trigger in FY 2020 and is not expected to 
trigger in FY 2021. In compliance with the procedures for the 
establishment of Bonneville rates set forth in Section 7(i) of the 
Northwest Power Act, Bonneville is conducting the hearing process for 
the review of this proposal on an expedited basis in an effort to 
provide the opportunity for timely rate relief.
    The Rules of Procedure that govern Bonneville's rate proceedings 
were published in the Federal Register, 83 FR 39993 (Aug. 13, 2018), 
and posted on Bonneville's website at https://www.bpa.gov/Finance/RateCases/RulesProcedure/Pages/default.aspx. Sections 1010.4(b)(4) and 
1010.22 of the Rules of Procedure provide for expedited rate processes 
such as the BP-20E proceeding. An expedited proceeding is necessary in 
this case in order to enable prompt implementation of the proposal, 
which would result in a reduction to power rates and assurance 
transmission rates would not go up. In order to facilitate the 
expedited process, pursuant to Section 1010.1(e) of the Rules of 
Procedure, the Administrator authorizes the Hearing Officer to waive 
any procedural requirements of the rules for the purpose of developing 
the record and completing the proceeding on an expedited basis.

B. Proposed Expedited Procedural Schedule

    The purpose of this proceeding is narrow, with the suspension of 
the FRP Surcharge the only issue within its scope. Bonneville publicly 
announced its proposal to suspend the FRP Surcharge on May 29, 2020, 
and held a public meeting on June 5, 2020, to discuss its proposal and 
the use of an expedited process and schedule. The Hearing Officer is 
directed to use this schedule if no objections to the proposal are 
submitted with any of the petitions to intervene, as required by Part 
III.B of this notice.

----------------------------------------------------------------------------------------------------------------
               Initial proposal released                         Federal Register notice publication date
----------------------------------------------------------------------------------------------------------------
Deadline for Petitions to Intervene and Notices of       June 24, 2020.
 Objection.
Prehearing Conference..................................  June 25, 2020.
Close of Participant Comments..........................  June 26, 2020.
Final Record of Decision...............................  June 29, 2020.
----------------------------------------------------------------------------------------------------------------

    If an objection is raised in a petition to intervene, the Hearing 
Officer is directed to adopt an alternative procedural schedule at the 
Prehearing Conference to establish an expedited process for the rest of 
the proceeding. If an objection is raised, Bonneville will hold a 
telephonic Scheduling Conference with prospective parties on June 25, 
2020, at 9:00 a.m. to attempt to develop an alternative procedural 
schedule to propose to the Hearing Officer at the Prehearing 
Conference. Any procedural schedule adopted by the Hearing Officer must 
provide for issuance of the Administrator's Record of Decision no later 
than 90 days after publication of this Federal Register Notice. The 
Hearing Officer is strongly encouraged to conclude the proceeding in 
less than 90 days and may circumscribe or reduce the timing or 
availability of any procedural activities in the case as he or she 
determines are unnecessary or overly burdensome in consideration of the 
limited scope and purpose of this case. The Administrator does not 
intend to hold oral argument or issue a draft Record of Decision in 
this proceeding, so the Hearing Officer is directed to exclude those 
steps and any briefs on exception from the procedural schedule.

C. Ex Parte Communications

    Section 1010.5 of the Rules of Procedure prohibits ex parte 
communications. Ex parte communications include any oral or written 
communication (1) relevant to the merits of any issue in the 
proceeding; (2) that is not on the record; and (3) with respect to 
which reasonable prior notice has not been given. The ex parte rule 
applies to communications with all Bonneville and DOE employees and 
contractors, the Hearing Officer, and the Hearing Clerk during the 
proceeding. Except as provided, any communications with persons covered 
by the rule regarding the merits of any issue in the proceeding by 
other executive branch agencies, Congress, existing or potential 
Bonneville customers, nonprofit or public interest groups, or any other 
non-DOE parties are prohibited. The rule explicitly excludes and does 
not prohibit communications (1) relating to matters of procedure; (2) 
otherwise authorized by law or the Rules of Procedure; (3) from or to 
the Federal Energy Regulatory Commission (Commission); (4) that all 
litigants agree may be made on an ex parte basis; (5) in the ordinary 
course of business, about information required to be exchanged under 
contracts, or in information responding to a Freedom of Information Act 
request; (6) between the Hearing Officer and Hearing Clerk; (7) in 
meetings for which prior notice has been given; or (8) as otherwise 
specified

[[Page 37446]]

in Section 1010.5(b) of the Rules of Procedure. The prohibition on ex 
parte communications applies from the date of publication of this 
notice and remains in effect until the Administrator's Record of 
Decision is issued.

Part II--Scope of BP-20E Rate Proceeding

    The scope of the BP-20E rate proceeding is limited to consideration 
of the proposal to suspend the FRP Surcharge for the remainder of the 
BP-20 rate period. Bonneville may revise the scope of the proceeding to 
include new issues that arise as a result of circumstances or events 
occurring outside the proceeding that are substantially related to the 
rates under consideration in the proceeding. See Rules of Procedure, 
Section 1010.4(b)(8)(iii), (iv). If Bonneville revises the scope of the 
proceeding to include new issues, Bonneville will provide public notice 
on its website, present testimony or other information regarding such 
issues, and provide a reasonable opportunity to intervene and respond 
to Bonneville's testimony or other information. Id.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that challenges the 
appropriateness or reasonableness of any other matter, issue, topic, or 
policy that is not directly related to suspension of the FRP Surcharge 
for the remainder of the BP-20 rate period.

Part III--Public Participation in BP-20E

A. Distinguishing Between ``Participants'' and ``Parties''

    Bonneville distinguishes between ``participants in'' and ``parties 
to'' the hearings. Separate from the formal hearing process, Bonneville 
will receive written comments, views, opinions, and information from 
participants who may submit comments without being subject to the 
duties of, or having the privileges of, parties. Participants do not 
have the same procedural rights and are not subject to the same 
procedural requirements as parties. Bonneville customers whose rates 
are subject to this proceeding, or their affiliated customer groups, 
may not submit participant comments. Members or employees of 
organizations that have intervened in the proceeding may submit 
participant comments as private individuals (that is, not speaking for 
their organizations) but may not use the comment procedures to address 
specific issues raised by their intervenor organizations.
    Written comments by participants will be included in the record and 
considered by the Administrator if they are received by June 26, 2020. 
Participants should submit comments through Bonneville's website at 
https://www.bpa.gov/comment. All comments should contain the 
designation ``BP-20E'' in the subject line.

B. Interventions and Notices of Objections

1. Intervention
    Any entity or person intending to become a party to in the BP-20E 
rate proceeding must file a petition to intervene through Bonneville's 
secure website (https://www.bpa.gov/secure/Ratecase/). A first-time 
user of Bonneville's secure website must create a user account to 
submit an intervention. Returning users may request access to the BP-
20E rate proceeding through their existing accounts, and may submit 
interventions once their permissions have been updated. The secure 
website contains a link to the user guide, which provides step-by-step 
instructions for creating user accounts, generating filing numbers, 
submitting filings, and uploading interventions. Please contact the 
Rate Hearing Coordinator via email at [email protected] or, if the 
question is time-sensitive, via telephone at (503) 230-5107 with any 
questions regarding the submission process. A petition to intervene 
must conform to the format and content requirements set forth in 
Sections 1010.6 and 1010.11 of the Rules of Procedure and must be 
uploaded to the BP-20E rate proceeding secure website by June 24, 2020.
    Pursuant to Section 1010.1(e) of the Rules of Procedure, the 
Administrator is modifying the procedures for objections to petitions 
to intervene provided under Section 1010.6(d). For the BP-20E 
proceeding, objections to a petition to intervene must be raised at the 
Prehearing Conference. All petitions and any objections will be ruled 
on by the Hearing Officer at the Prehearing Conference. Late 
interventions are strongly disfavored. Opposition to an untimely 
petition to intervene must be filed within two business days after 
service of the petition.
2. Notice of Objections to BP-20E Proposal
    A petition to intervene must also affirmatively state whether the 
entity intends to object to the proposal in this Federal Register 
Notice or the expedited process and schedule. A petition to intervene 
that does not state a position will be deemed to have made no 
objection.

C. Developing the Record

    The hearing record will include, among other things, the 
transcripts of the hearing, written evidence and argument entered into 
the record by Bonneville and the parties, written comments from 
participants, and other material accepted into the record by the 
Hearing Officer. The Hearing Officer will review the record and certify 
the record to the Administrator.
    The Administrator will make a final determination on the issue in 
this proceeding based on the record and such other materials and 
information as may have been submitted to or developed by the 
Administrator. The Final ROD will be made available to all parties. 
Bonneville will submit the Final ROD and the hearing record to the 
Commission for confirmation and approval after issuance of the Final 
ROD (see Part IV.C of this notice).

Part IV--Rate Proposal

A. Background on the FRP Surcharge

    The FRP Surcharge collects additional revenue through adjustments 
to rates when Bonneville's financial reserves (cash and cash 
equivalents) fall below certain identified financial thresholds. The 
surcharge is a component of the Financial Reserves Policy, which was 
developed in the BP-18 rate proceeding. The Financial Reserves Policy 
is designed to support the long-term financial health of the agency by 
ensuring Bonneville maintains a minimum level of financial reserves for 
liquidity and risk mitigation. The Financial Reserves Policy provides 
for each of Bonneville's business units (Power and Transmission) to 
maintain a minimum balance of financial reserves calculated as the 
equivalent to 60 days of operating cash. For Power, 60 days cash is 
approximately $300 million; for Transmission, 60 days cash is 
approximately $100 million. If a business unit's financial reserves 
falls below the identified threshold, the FRP Surcharge triggers, 
increasing that business unit's rates up to a specified amount for the 
fiscal year. Power and Transmission financial reserves are evaluated 
each fiscal year, with the application of the FRP Surcharge (if any) 
beginning with the December billing cycle.
    The FRP Surcharge for the FY 2020-2021 rate period was established 
in the BP-20 rate proceeding. The BP-20 rates received final Commission 
approval on April 17, 2020. For FY 2020, the FRP Surcharge for the 
Power business unit

[[Page 37447]]

triggered, resulting in a $30 million increase to power rates beginning 
in December 2019. Based on current end-of-year projections, the FRP 
Surcharge is expected to again trigger for the Power business unit in 
FY 2021. The FRP Surcharge for the Transmission business unit did not 
trigger in FY 2020 and is not expected to trigger in FY 2021.

B. Background on National Emergency

    On March 13, 2020, the President declared the outbreak of COVID-19 
in the United States a national emergency. Since then, much of the 
United States has been under stay-at-home orders. The impacts of COVID-
19 on the national economy are only beginning to be understood. With 
near-record unemployment in many regional communities, Bonneville's 
utility customers have had to lay off staff, rely on cash reserves, 
and/or use short-term credit to maintain operations. Throughout the 
pandemic, Bonneville has cooperatively worked with its customers to 
ensure that they are able to continue to provide essential utility 
services to regional homes and businesses. As part of these 
discussions, customers requested Bonneville to consider offering 
immediate rate relief through the suspension of the FRP Surcharge.

C. Rate Proposal: Suspension of the FRP Surcharge

    Bonneville proposes to suspend the FRP Surcharge for the remainder 
of the BP-20 rate period. Specifically, the General Rate Schedule 
Provisions for the Power and Transmission FRP Surcharges currently in 
effect would be replaced by the rate schedules identified at https://www.bpa.gov/goto/BP20E.
    Bonneville intends to seek Commission approval effective on the 
first day of the month following the issuance of the Administrator's 
Final ROD. If the BP-20E proceeding follows the procedural schedule 
included in Part I.B of this notice, Bonneville would seek Commission 
approval effective July 1, 2020. If the Commission were to grant 
approval of this proposal effective on any day other than the first day 
of the month, then the rate relief would be effective beginning the 
first day of the following month.
    Suspension of the Power FRP Surcharge would also require small 
changes to the Load Shaping Charge True-Up Rate and PF Melded 
Equivalent Scalar for Fiscal Year 2020, both of which would be adjusted 
depending upon the effective date provided by the Commission.

Part V--Proposed Rate Schedules

    Bonneville's proposed General Rate Schedule Provisions for the 
Power and Transmission Financial Reserves Policy Surcharges for the 
remainder of the BP-20 rate period are a part of this notice and are 
available for viewing and downloading on Bonneville's website at 
https://www.bpa.gov/goto/BP20E.

Signing Authority

    This document of the Department of Energy was signed on June 15, 
2020, by Elliot E. Mainzer, Administrator and Chief Executive Officer 
of the Bonneville Power Administration, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on June 16, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-13248 Filed 6-19-20; 8:45 am]
BILLING CODE 6450-01-P

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