2025 Resource Pool-Loveland Area Projects, Allocation Procedures and Call for Applications, 52145-52153 [2021-20242]

Download as PDF Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project has filed an application for a subsequent license, the licensee may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on its application. If the licensee of such a project has not filed an application for a subsequent license, then it may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 3820 is issued to Aclara Meters, LLC for a period effective September 1, 2021 through August 31, 2022 or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before August 31, 2022, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that Aclara Meters, LLC is authorized to continue operation of the Somersworth Hydroelectric Project, until such time as the Commission takes final action on the application for Surrender of License. Dated: September 14, 2021. Kimberly D. Bose, Secretary. [FR Doc. 2021–20273 Filed 9–17–21; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Western Area Power Administration 2025 Resource Pool—Loveland Area Projects, Allocation Procedures and Call for Applications Western Area Power Administration, DOE. ACTION: Notice of allocation procedures and call for 2025 Resource Pool applications. AGENCY: Western Area Power Administration (WAPA), a Federal Power Marketing Administration of the Department of Energy (DOE), is publishing this notice of allocation SUMMARY: VerDate Sep<11>2014 16:49 Sep 17, 2021 Jkt 253001 procedures and call for applications from new preference entities interested in an allocation of Federal firm power. WAPA’s Rocky Mountain Region (RMR) published its Loveland Area Projects (LAP)—2025 Power Marketing Initiative (2025 PMI) in the Federal Register on December 30, 2013, to be effective January 29, 2014. The 2025 PMI established the criteria for allocating firm power from the LAP beginning October 1, 2024, through September 30, 2054. The 2025 PMI established three resource pools of up to one percent each of the marketable resource under contract at the time of each reallocation to be available for eligible new preference entities. Reallocations will occur at the beginning of the October 1, 2024, contract term and again every 10 years thereafter on October 1, 2034, and October 1, 2044. Therefore, WAPA is issuing a call for applications for the 2025 Resource Pool. New preference entities interested in applying for an allocation of firm power from LAP must submit a written application using the Applicant Profile Data (APD) form and satisfy the General Eligibility Criteria, General Allocation Criteria, and General Contract Principles described in this notice. DATES: WAPA must receive a completed and signed application using the APD form by 4:00 p.m., MST, on November 15, 2021. WAPA will accept applications by email or delivered by U.S. mail. Applications sent by U.S. mail will be accepted if postmarked at least three days before November 15, 2021, and received no later than November 18, 2021. WAPA reserves the right to not consider an application received after the prescribed date and time. A single virtual public information forum (not to exceed three hours) addressing the allocation procedures, call for applications, and APD form will be held on Wednesday, October 6, 2021, at 1 p.m., MDT. The public information forum can be accessed 15 minutes in advance of the start time for the public information forum by copying and pasting the following link into your browser: https://doe.webex.com/doe/ j.php?MTID=m40e148a1ad3464d2 f53ea61f8608c48e. ADDRESSES: If submitting a paper application, please print a completed and signed APD form and mail it to Barton V. Barnhart, Regional Manager, Rocky Mountain Region, Western Area Power Administration, 5555 East Crossroads Boulevard, Loveland, CO 80538–8986. If submitting an electronic application, please email a completed PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 52145 and signed APD form to Parker Wicks, Contracts and Energy Services Manager, Rocky Mountain Region, Western Area Power Administration, at pwicks@ wapa.gov. A completed and signed APD form must be received by WAPA within the time required in the DATES section. FOR FURTHER INFORMATION CONTACT: Parker Wicks, Contracts and Energy Services Manager, Rocky Mountain Region, Western Area Power Administration, (970) 461–7202, email pwicks@wapa.gov. SUPPLEMENTARY INFORMATION: The 2025 PMI, as published in the Federal Register December 30, 2013 (78 FR 79444), extends the current marketing plan, with amendments to key marketing plan principles, and provides the basis for marketing the LAP longterm firm hydroelectric resource beginning October 1, 2024, through September 30, 2054. As part of the 2025 PMI, WAPA will provide for three resource pools of up to one percent of the marketable resource under contract. Service under the first of these pools begins on October 1, 2024, and again every 10 years thereafter (October 1, 2034, and October 1, 2044), until the conclusion of the marketing plan on September 30, 2054. Each reallocation will be placed in a resource pool from which power allocations to eligible new preference entities will be made. This notice sets forth the following procedures for determining these allocations: (1) The amount of pool resources; (2) general eligibility criteria; (3) general allocation criteria, i.e., how WAPA plans to allocate pool resources to eligible new preference entities as provided for in the Program and the 2025 PMI; (4) general contract principles under which WAPA will sell the allocated power; and (5) applications for firm power, i.e., APD application information required from each applicant. After evaluating applications, if WAPA determines there is one or more eligible applicants, WAPA will publish a Notice of Proposed Allocations in the Federal Register. The public will have an opportunity to comment on the Proposed Allocations. After reviewing the comments, WAPA will publish a Notice of Final Allocations in the Federal Register. If there are no qualified applicants under the 2025 Resource Pool, WAPA will publish a notice in the Federal Register to conclude the 2025 Resource Pool. I. Amount of Pool Resources WAPA will allocate up to one percent of the LAP long-term firm hydroelectric resource under contract as of October 1, E:\FR\FM\20SEN1.SGM 20SEN1 52146 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 2024, to be available for eligible new preference entities, as firm power. ‘‘Firm power’’ means firm capacity and associated energy allocated by WAPA that is subject to the terms and conditions specified in WAPA’s longterm LAP firm electric service contract. The amount of the resource that will become available October 1, 2024, is approximately 6.9 MW for the summer season and 6.1 MW for the winter season. II. General Eligibility Criteria WAPA will apply the following general eligibility criteria to applicants seeking an allocation of firm power under the 2025 Resource Pool: A. All qualified applicants must be preference entities as defined by Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), as amended and supplemented. B. All qualified applicants must be located within the currently established LAP marketing area. (See Section III.C. for a description of the LAP marketing area.) C. All qualified applicants must not have a current LAP firm electric service contract or be a member of a parent entity who has a LAP firm electric service contract with WAPA. D. All qualified utility and non-utility applicants must be able to use the firm power directly or be able to sell it directly to retail customers. E. All qualified utility applicants who are municipalities, cooperatives, public utility districts, or public power districts must attain utility status by October 1, 2021. ‘‘Utility status’’ means the entity has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase firm power from WAPA on a wholesale basis. F. A qualified Native American applicant must be an Indian Tribe as defined in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5304(e)), as amended and supplemented. III. General Allocation Criteria WAPA will apply the following general allocation criteria to applicants seeking an allocation of firm power under the 2025 Resource Pool: A. Allocations of firm power will be made in amounts solely determined by WAPA in exercising its discretion as permitted under Reclamation Law. B. An allottee will have the right to purchase firm power only after executing a LAP firm electric service contract between WAPA and the allottee and satisfying all conditions for firm electric service delivery in that contract. VerDate Sep<11>2014 16:49 Sep 17, 2021 Jkt 253001 C. Firm power allocated under these procedures will be available only to new, qualified applicants residing within LAP’s current marketing area. The LAP current marketing area includes parts of Colorado, Kansas, Nebraska, and Wyoming. LAP’s marketing area is specifically defined as the portion of Colorado east of the Continental Divide, Mountain Parks Electric, Inc.’s service territory in Colorado west of the Continental Divide, the portion of Kansas located in the Missouri River Basin, the portion of Kansas west of the eastern borders of the counties intersected by the 100th Meridian, the portion of Nebraska west of the 101st Meridian, and the portion of Wyoming east of the Continental Divide. D. An allocation of firm power made to an Indian Tribe will be based on actual load, or estimated load as developed by the Indian Tribe, in calendar year 2020. WAPA will evaluate and may adjust inconsistent estimates during the allocation process. WAPA is willing to assist Indian Tribes in developing load estimating methods. E. Allocations made to eligible utility and non-utility applicants will be based on actual calendar year 2020 loads. WAPA will apply the 2025 PMI criteria to these loads, except as stated herein. F. Firm capacity and energy will be based upon each applicant’s calendar year 2020 load factor. G. Any long-term LAP firm electric service contract offered by WAPA to an eligible applicant is expected to be executed by the applicant no later than September 30, 2022, unless otherwise agreed to in writing by WAPA. H. The 2025 Resource Pool will be dissolved after September 30, 2022, the closing date for executing firm electric service contracts. Firm power, not under contract or a written contract execution extension, will be used as WAPA determines. I. The minimum allocation shall be 100 kilowatts (kW). J. The maximum allocation shall be 5,000 kW. Qualified Native American applicants are not subject to this limitation. K. Contract rates of delivery shall be subject to adjustment in the future as provided in the 2025 PMI and the firm electric service contract between WAPA and the allottee. L. If WAPA encounters obstacles to delivering firm electric service to an Indian Tribe, it retains the right to provide the economic benefit of the resource directly to the Indian Tribe. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 IV. General Contract Principles WAPA will apply the following general contract principles to all allottees receiving an allocation of firm power under the 2025 Resource Pool: A. WAPA, at its discretion and sole determination, reserves the right to adjust the contract rate of delivery on a five years advance written notice in response to changes in hydrology and river operations. Any such adjustments shall take place only after a public process. B. Each allottee is ultimately responsible for making its own thirdparty delivery arrangements. WAPA may assist allottees in making thirdparty transmission arrangements for delivery of firm power. C. Contracts entered under the 2025 Resource Pool allocation procedures shall provide for WAPA to furnish firm electric service effective October 1, 2024, through September 30, 2054. D. Contracts entered under the 2025 Resource Pool shall incorporate WAPA’s standard provisions for power sales contracts, integrated resource planning, and the General Power Contract Provisions. V. Applications for Firm Power Through this notice, WAPA formally requests applications from new qualified preference entities interested in purchasing firm power beginning October 1, 2024, through September 30, 2054. All applicants must submit applications using the APD form. Completed applications for an allocation of firm power under the 2025 Resource Pool must be submitted in writing either via regular postal delivery to the Regional Manager, Rocky Mountain Region, or electronically via email to the Contracts and Energy Services Manager. The APD form must be received by WAPA’s Rocky Mountain Region in accordance with the requirements listed herein. WAPA will not consider applications submitted before publication of this notice or after the deadline specified in the DATES section. Applications are available either upon request or in fillable Word and PDF versions at https:// www.wapa.gov/regions/RM/ PowerMarketing/Pages/2025-LovelandArea-Projects-Resource-Pool.aspx. A. Applicant Profile Data Form APD form content and format are outlined below. To be considered, each applicant must submit its completed and signed APD form to WAPA’s Rocky Mountain Region no later than 4:00 p.m., MST, on November 15, 2021. See the DATES and ADDRESSES sections listed E:\FR\FM\20SEN1.SGM 20SEN1 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices previously for specific information on submission and deadline requirements. Each applicant must provide all requested information or the most reasonable available estimate and note any requested information that is not applicable or not available. WAPA is not responsible for errors in data, missing data, or missing pages. B. Confidential Business Information According to 10 CFR 1004.11, any person submitting information that he VerDate Sep<11>2014 16:49 Sep 17, 2021 Jkt 253001 or she believes to be confidential and exempt by law from public disclosure should submit via email two wellmarked copies: One copy of the document marked ‘‘CONFIDENTIAL’’ including all the information believed to be confidential, and one copy of the document marked ‘‘NONCONFIDENTIAL’’ with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 52147 determination. The information collected under this process will not be part of a system of records covered by the Privacy Act and may be subject to disclosure under the Freedom of Information Act (FOIA). If you are submitting any confidential business information, and believe this information is exempt from disclosure under FOIA Exemption 4 (5 U.S.C. 552(b)(4)), please mark such information before submitting your application. BILLING CODE 6450–01–P E:\FR\FM\20SEN1.SGM 20SEN1 52148 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices APPLICANT PROFILE DATA All items of information in the Applicant Profile Data (APD) should be answered as if prepared by the entity/organization seeking the allocation of Federal power from Western Area Power Administration (WAPA). The APD shall consist of the following: 1. Applicant Information. Please provide the following: a. A,nnlicant's (entity/on:anization requestin2 an allocation) name and address: Applicant's Name: Address: City: State: Zip: b. p erson(s) representin1 the aoolicant: Contact Person (Name & Title): Address: Citv: State: Zin: Telephone: Fax: Email Address: c. Type of entity/organization: □Federal Agency Irrigation □District □Municipality □Native American Tribe Public Utility ODistrict Rural Electric Cooperative State □Agency OOtber, please specify: d. Parent entity/organization of the applicant, if any: I e. Name of the applicant's member organizations, if any: (Separated by commas) I f. Applicable law under which the applicant was established: I VerDate Sep<11>2014 16:49 Sep 17, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE21.001</GPH> g. Applicant's geographic service area (if available, please submit a map of the service area and indicate the date prepared): Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices h. Describe whether the a 52149 licant owns and o erates its own electric utilit s stem. i. Provide the date the applicant attained utility status, if applicable. 10 C.F.R. Part 905.35 defines utility status to mean ''that the entity has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase power from WAPA on a wholesale basis for resale to retail consumers." j. Describe the entity/organization that will interact with WAPA on contract and billing matters include contact erson email and tele hone number . 2. Service Requested: a. Provide the amount of 3. Applicant's Loads: a. Utility and non-utility applicants: (i) H applicable, provide the number and type of customers served (e.g., residential, commercial, industrial, milita base, a ricultural : customers Hnot applicable, explain wh (ii) Provide the actual monthly maximum demand (kilowatts) and energy use (kilowatt-hours) for each calendar month experienced in calendar ear 2020: VerDate Sep<11>2014 (iii) Provide the annual load factor for calendar year 2020: Calendar Year 2020 Annual Load Factor (iv) Provide the monthly load factors for calendar year 2020: 16:49 Sep 17, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE21.002</GPH> Energy (kilowatthours 52150 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices Load Factor Identify any factors or conditions in the next 5 years which may significantly change peak demands, load duration, or profile curves. (v) b. Native American Tribe applicants only: (i) Indicate the utility or utilities currently serving your loads: (ii) H applicable, provide the number and type of customers served (e.g., residential, customers H not applicable, explain wh (iii) Provide the actual monthly maximum demand (kilowatts) and energy use (kilowatthours) experienced in calendar year 2020. H the actual demand and energy data are not available or are difficult to obtain rovide the estimated monthl demand: VerDate Sep<11>2014 (iv) Hthe demand and energy data in 3.b.(iii) above is estimated, provide a description of the method and basis for this estimation in the s ace rovided below: (v) Provide the actual annual load factors for calendar year 2020. H the actual load factors are not available, provide the estimated load factors: 16:49 Sep 17, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE21.003</GPH> Energy (kilowatthours Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 52151 Calendar Year 2020 Annual Load Factor (vi) Provide the actual monthly load factors for calendar year 2020. If the actual load factors are not availabl rovide the estimated load factors. Load Factor (vii) If the load factor data in 3.b.(v-vi) is estimated, provide a description of the method and basis for this estimation in the space provided below: (viii) Identify any factors or conditions in the next 5 years which may significantly change peak demands, load duration, or profile curves: 4. Applicant's Resources. Please provide the following information: a. A list of current power supplies if applicable, including the applicant's own generation, as well as, purchases from others. For each supply, provide the resource name, capacity supplied, and the resource's location. Power su lies resource name, ca acit & location : b. For each power supplier, provide a description and status of the power supply contract ~including the termination date): c. For each power supplier, provide the type of power: □Power supply is on a firm basis. □Power supply is not on a firm basis. Please explain: VerDate Sep<11>2014 b. Transmission arrangements. Describe the transmission arrangements necessary to deliver firm power to the requested points of delivery. Include a brief description of the applicant's transmission and distribution system including major interconnections. Provide a single-line drawing of applicant's system, if one is available. c. Provide a brief explanation of the applicant's ability to receive and use, or receive and distribute Federal power as of [date]. 16:49 Sep 17, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE21.004</GPH> 5. Transmission: a. Points of delivery. Provide the requested point(s) of delivery on W APA's transmission system (or a third party's transmission system), the voltage of service required, and the capacity desired, if applicable. 52152 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices · other information ertinent to receivin an allocation. 7. Signature: WAPA requires the signature and title of an appropriate official who is able to attest to the validity of the APD and who is authorized to submit the request for an allocation. By signing below, I certify the infonnation I have provided is true and correct to the best of my infonnation, knowledge and belief. Signature _ _ _ _ _ _ _ _ _ _ _ _ __ Title --------Org.Code_ _ _ _ _ _ _ _ _ __ Applications may be submitted by U.S. mail to the address below or electronically to pwicks@wapa.gov with an electronic signature. If submitting this application electronically and an electronic signature is not available, please fax, upload or otherwise transmit this page with a signature to (970) 461-7213, or mail it to Rocky Mountain Region, Western Area Power Administration, Attention J6200, 5555 East Crossroads Boulevard, Loveland, CO 80538-8986. RECORDKEEPING REQUIREMENTS: If W APA accepts your application and you receive an allocation of Federal power you must keep all records associated with your APD for a period of 3 years after you sign your contract for Federal power. If you do not receive an allocation of Federal power, there is no recordkeeping requirement. W APA has obtained an 0MB Clearance Number 1910-5136 for the collection of the above information. The data are being collected to enable W APA to properly perform its function of marketing limited amounts of Federal hydropower. The data you supply will be used by W APA to evaluate who will receive an allocation of Federal power. Public reporting burden for this collection of information is estimated to average 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Ronald J. Klinefelter, Paperwork Reduction Act Comments, Western Area Power Administration, P.O. Box 281213, 12155 W. Alameda Parkway, Lakewood, CO 80228; and to the Office of Management and Budget (0MB), OIRA, Washington, DC 20503. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB control number. VerDate Sep<11>2014 16:49 Sep 17, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4725 E:\FR\FM\20SEN1.SGM 20SEN1 EN20SE21.005</GPH> Submission of this data is voluntary, however if an entity seeks an allocation of Federal power, the applicant must submit an APD. 52153 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices BILLING CODE 6450–01–C C. WAPA’s Consideration of Applications 1. Upon receipt, WAPA will review the APD form and verify that each applicant meets the general eligibility criteria set forth in Section II above. a. WAPA will request, in writing, additional information from any applicant whose APD form is deficient. The applicant shall have 15 calendar days from the date on WAPA’s request letter to provide, in writing, the requested information. If the requested information is not provided within that time period, the application will not be considered. b. If WAPA determines that an applicant does not meet the general eligibility criteria, WAPA will send a letter explaining why the applicant did not qualify. c. If an applicant meets the general eligibility criteria, WAPA will determine the amount of firm power to be allocated under the general allocation criteria set forth in Section III above. WAPA will send for the applicant’s review a draft firm electric service contract, which contains the terms and conditions of the offer and the amount of firm power allocated to the applicant. 2. WAPA reserves the right to determine the amount of firm power to allocate to an applicant, as justified by an applicant’s APD form. VI. Regulatory Procedure Requirements A. Review Under the National Environmental Policy Act (NEPA) WAPA has determined this action fits within the following categorical exclusion listed in appendix B to subpart D of 10 CFR part 1021.B4.1 (Contracts, policies, and marketing and allocation plans for electric power). Categorically excluded projects and activities do not require preparation of either an environmental impact statement or an environmental assessment.1 Specifically, WAPA has determined this rulemaking is consistent with activities identified in part B4, Categorical Exclusions Applicable to Specific Agency Actions (see 10 CFR part 1021, appendix B to subpart D, part B4). A copy of the categorical exclusion determination is available on WAPA–RMR’s website at: https://www.wapa.gov/regions/RM/ environment/Pages/CX2021.aspx. Look for the file entitled ‘‘2021–091 LAP 2025 Resource Pool CX.’’ B. Review Under Paperwork Reduction Act In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), WAPA has received approval from the Office of Management and Budget for the collection of customer information in this rule, under OMB control number 1910–5136. 2021, by Tracey A. LeBeau, Administrator, Western Area 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 September 15, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–20242 Filed 9–17–21; 8:45 am] BILLING CODE 6450–01–P FEDERAL DEPOSIT INSURANCE C. Determination Under Executive Order CORPORATION 12866 Notice to All Interested Parties of WAPA has an exemption from Intent To Terminate Receiverships centralized regulatory review under Executive Order 12866; accordingly, no Notice is hereby given that the clearance of this notice by the Office of Federal Deposit Insurance Corporation Management and Budget is required. (FDIC or Receiver), as Receiver for the institutions listed below, intends to Signing Authority terminate its receivership for said This document of the Department of institutions. Energy was signed on September 10, NOTICE OF INTENT TO TERMINATE RECEIVERSHIPS Fund 10061 10109 10110 10116 10126 10128 10143 10148 10149 10156 10163 10168 10423 10531 ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... Receivership name City State BankUnited, FSB ........................................... Bradford Bank ............................................... Affinity Bank .................................................. Vantus Bank .................................................. San Joaquin Bank ......................................... First Dupage Bank ........................................ Prosperan Bank ............................................ Century Bank, FSB ....................................... Orion Bank .................................................... Greater Atlantic Bank .................................... New South Federal Savings Bank ................ Horizon Bank ................................................. Tennessee Commerce Bank ........................ The Enloe State Bank ................................... Coral Gables ................................................. Baltimore ....................................................... Ventura .......................................................... Sioux City ...................................................... Bakersfield ..................................................... Westmont ...................................................... Oakdale ......................................................... Sarasota ........................................................ Naples ........................................................... Reston ........................................................... Irondale ......................................................... Bellingham ..................................................... Franklin .......................................................... Cooper ........................................................... FL MD CA IA CA IL MN FL FL VA AL WA TN TX Date of appointment of receiver 05/21/2009 08/28/2009 08/28/2009 09/04/2009 10/16/2009 10/23/2009 11/06/2009 11/13/2009 11/13/2009 12/04/2009 12/18/2009 01/08/2010 01/27/2012 05/31/2019 The liquidation of the assets for each receivership has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors. 1 The determination was done in compliance with NEPA (42 U.S.C. 4321–4347); the Council on Environmental Quality Regulations for implementing NEPA (40 CFR parts 1500–1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 1021). VerDate Sep<11>2014 16:49 Sep 17, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Pages 52145-52153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20242]


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DEPARTMENT OF ENERGY

Western Area Power Administration


2025 Resource Pool--Loveland Area Projects, Allocation Procedures 
and Call for Applications

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of allocation procedures and call for 2025 Resource Pool 
applications.

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SUMMARY: Western Area Power Administration (WAPA), a Federal Power 
Marketing Administration of the Department of Energy (DOE), is 
publishing this notice of allocation procedures and call for 
applications from new preference entities interested in an allocation 
of Federal firm power. WAPA's Rocky Mountain Region (RMR) published its 
Loveland Area Projects (LAP)--2025 Power Marketing Initiative (2025 
PMI) in the Federal Register on December 30, 2013, to be effective 
January 29, 2014. The 2025 PMI established the criteria for allocating 
firm power from the LAP beginning October 1, 2024, through September 
30, 2054. The 2025 PMI established three resource pools of up to one 
percent each of the marketable resource under contract at the time of 
each reallocation to be available for eligible new preference entities. 
Reallocations will occur at the beginning of the October 1, 2024, 
contract term and again every 10 years thereafter on October 1, 2034, 
and October 1, 2044. Therefore, WAPA is issuing a call for applications 
for the 2025 Resource Pool. New preference entities interested in 
applying for an allocation of firm power from LAP must submit a written 
application using the Applicant Profile Data (APD) form and satisfy the 
General Eligibility Criteria, General Allocation Criteria, and General 
Contract Principles described in this notice.

DATES: WAPA must receive a completed and signed application using the 
APD form by 4:00 p.m., MST, on November 15, 2021. WAPA will accept 
applications by email or delivered by U.S. mail. Applications sent by 
U.S. mail will be accepted if postmarked at least three days before 
November 15, 2021, and received no later than November 18, 2021. WAPA 
reserves the right to not consider an application received after the 
prescribed date and time.
    A single virtual public information forum (not to exceed three 
hours) addressing the allocation procedures, call for applications, and 
APD form will be held on Wednesday,
    October 6, 2021, at 1 p.m., MDT. The public information forum can 
be accessed 15 minutes in advance of the start time for the public 
information forum by copying and pasting the following link into your 
browser: https://doe.webex.com/doe/j.php?MTID=m40e148a1ad3464d2f53ea61f8608c48e.

ADDRESSES: If submitting a paper application, please print a completed 
and signed APD form and mail it to Barton V. Barnhart, Regional 
Manager, Rocky Mountain Region, Western Area Power Administration, 5555 
East Crossroads Boulevard, Loveland, CO 80538-8986. If submitting an 
electronic application, please email a completed and signed APD form to 
Parker Wicks, Contracts and Energy Services Manager, Rocky Mountain 
Region, Western Area Power Administration, at [email protected]. A 
completed and signed APD form must be received by WAPA within the time 
required in the DATES section.

FOR FURTHER INFORMATION CONTACT: Parker Wicks, Contracts and Energy 
Services Manager, Rocky Mountain Region, Western Area Power 
Administration, (970) 461-7202, email [email protected].

SUPPLEMENTARY INFORMATION: The 2025 PMI, as published in the Federal 
Register December 30, 2013 (78 FR 79444), extends the current marketing 
plan, with amendments to key marketing plan principles, and provides 
the basis for marketing the LAP long-term firm hydroelectric resource 
beginning October 1, 2024, through September 30, 2054. As part of the 
2025 PMI, WAPA will provide for three resource pools of up to one 
percent of the marketable resource under contract. Service under the 
first of these pools begins on October 1, 2024, and again every 10 
years thereafter (October 1, 2034, and October 1, 2044), until the 
conclusion of the marketing plan on September 30, 2054. Each 
reallocation will be placed in a resource pool from which power 
allocations to eligible new preference entities will be made. This 
notice sets forth the following procedures for determining these 
allocations: (1) The amount of pool resources; (2) general eligibility 
criteria; (3) general allocation criteria, i.e., how WAPA plans to 
allocate pool resources to eligible new preference entities as provided 
for in the Program and the 2025 PMI; (4) general contract principles 
under which WAPA will sell the allocated power; and (5) applications 
for firm power, i.e., APD application information required from each 
applicant. After evaluating applications, if WAPA determines there is 
one or more eligible applicants, WAPA will publish a Notice of Proposed 
Allocations in the Federal Register. The public will have an 
opportunity to comment on the Proposed Allocations. After reviewing the 
comments, WAPA will publish a Notice of Final Allocations in the 
Federal Register. If there are no qualified applicants under the 2025 
Resource Pool, WAPA will publish a notice in the Federal Register to 
conclude the 2025 Resource Pool.

I. Amount of Pool Resources

    WAPA will allocate up to one percent of the LAP long-term firm 
hydroelectric resource under contract as of October 1,

[[Page 52146]]

2024, to be available for eligible new preference entities, as firm 
power. ``Firm power'' means firm capacity and associated energy 
allocated by WAPA that is subject to the terms and conditions specified 
in WAPA's long-term LAP firm electric service contract. The amount of 
the resource that will become available October 1, 2024, is 
approximately 6.9 MW for the summer season and 6.1 MW for the winter 
season.

II. General Eligibility Criteria

    WAPA will apply the following general eligibility criteria to 
applicants seeking an allocation of firm power under the 2025 Resource 
Pool:
    A. All qualified applicants must be preference entities as defined 
by Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)), as amended and supplemented.
    B. All qualified applicants must be located within the currently 
established LAP marketing area. (See Section III.C. for a description 
of the LAP marketing area.)
    C. All qualified applicants must not have a current LAP firm 
electric service contract or be a member of a parent entity who has a 
LAP firm electric service contract with WAPA.
    D. All qualified utility and non-utility applicants must be able to 
use the firm power directly or be able to sell it directly to retail 
customers.
    E. All qualified utility applicants who are municipalities, 
cooperatives, public utility districts, or public power districts must 
attain utility status by October 1, 2021. ``Utility status'' means the 
entity has responsibility to meet load growth, has a distribution 
system, and is ready, willing, and able to purchase firm power from 
WAPA on a wholesale basis.
    F. A qualified Native American applicant must be an Indian Tribe as 
defined in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304(e)), as amended and supplemented.

III. General Allocation Criteria

    WAPA will apply the following general allocation criteria to 
applicants seeking an allocation of firm power under the 2025 Resource 
Pool:
    A. Allocations of firm power will be made in amounts solely 
determined by WAPA in exercising its discretion as permitted under 
Reclamation Law.
    B. An allottee will have the right to purchase firm power only 
after executing a LAP firm electric service contract between WAPA and 
the allottee and satisfying all conditions for firm electric service 
delivery in that contract.
    C. Firm power allocated under these procedures will be available 
only to new, qualified applicants residing within LAP's current 
marketing area. The LAP current marketing area includes parts of 
Colorado, Kansas, Nebraska, and Wyoming. LAP's marketing area is 
specifically defined as the portion of Colorado east of the Continental 
Divide, Mountain Parks Electric, Inc.'s service territory in Colorado 
west of the Continental Divide, the portion of Kansas located in the 
Missouri River Basin, the portion of Kansas west of the eastern borders 
of the counties intersected by the 100th Meridian, the portion of 
Nebraska west of the 101st Meridian, and the portion of Wyoming east of 
the Continental Divide.
    D. An allocation of firm power made to an Indian Tribe will be 
based on actual load, or estimated load as developed by the Indian 
Tribe, in calendar year 2020. WAPA will evaluate and may adjust 
inconsistent estimates during the allocation process. WAPA is willing 
to assist Indian Tribes in developing load estimating methods.
    E. Allocations made to eligible utility and non-utility applicants 
will be based on actual calendar year 2020 loads. WAPA will apply the 
2025 PMI criteria to these loads, except as stated herein.
    F. Firm capacity and energy will be based upon each applicant's 
calendar year 2020 load factor.
    G. Any long-term LAP firm electric service contract offered by WAPA 
to an eligible applicant is expected to be executed by the applicant no 
later than September 30, 2022, unless otherwise agreed to in writing by 
WAPA.
    H. The 2025 Resource Pool will be dissolved after September 30, 
2022, the closing date for executing firm electric service contracts. 
Firm power, not under contract or a written contract execution 
extension, will be used as WAPA determines.
    I. The minimum allocation shall be 100 kilowatts (kW).
    J. The maximum allocation shall be 5,000 kW. Qualified Native 
American applicants are not subject to this limitation.
    K. Contract rates of delivery shall be subject to adjustment in the 
future as provided in the 2025 PMI and the firm electric service 
contract between WAPA and the allottee.
    L. If WAPA encounters obstacles to delivering firm electric service 
to an Indian Tribe, it retains the right to provide the economic 
benefit of the resource directly to the Indian Tribe.

IV. General Contract Principles

    WAPA will apply the following general contract principles to all 
allottees receiving an allocation of firm power under the 2025 Resource 
Pool:
    A. WAPA, at its discretion and sole determination, reserves the 
right to adjust the contract rate of delivery on a five years advance 
written notice in response to changes in hydrology and river 
operations. Any such adjustments shall take place only after a public 
process.
    B. Each allottee is ultimately responsible for making its own 
third-party delivery arrangements. WAPA may assist allottees in making 
third-party transmission arrangements for delivery of firm power.
    C. Contracts entered under the 2025 Resource Pool allocation 
procedures shall provide for WAPA to furnish firm electric service 
effective October 1, 2024, through September 30, 2054.
    D. Contracts entered under the 2025 Resource Pool shall incorporate 
WAPA's standard provisions for power sales contracts, integrated 
resource planning, and the General Power Contract Provisions.

V. Applications for Firm Power

    Through this notice, WAPA formally requests applications from new 
qualified preference entities interested in purchasing firm power 
beginning October 1, 2024, through September 30, 2054. All applicants 
must submit applications using the APD form. Completed applications for 
an allocation of firm power under the 2025 Resource Pool must be 
submitted in writing either via regular postal delivery to the Regional 
Manager, Rocky Mountain Region, or electronically via email to the 
Contracts and Energy Services Manager. The APD form must be received by 
WAPA's Rocky Mountain Region in accordance with the requirements listed 
herein. WAPA will not consider applications submitted before 
publication of this notice or after the deadline specified in the DATES 
section. Applications are available either upon request or in fillable 
Word and PDF versions at https://www.wapa.gov/regions/RM/PowerMarketing/Pages/2025-Loveland-Area-Projects-Resource-Pool.aspx.

A. Applicant Profile Data Form

    APD form content and format are outlined below. To be considered, 
each applicant must submit its completed and signed APD form to WAPA's 
Rocky Mountain Region no later than 4:00 p.m., MST, on November 15, 
2021. See the DATES and ADDRESSES sections listed

[[Page 52147]]

previously for specific information on submission and deadline 
requirements. Each applicant must provide all requested information or 
the most reasonable available estimate and note any requested 
information that is not applicable or not available. WAPA is not 
responsible for errors in data, missing data, or missing pages.

B. Confidential Business Information

    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit via email two well-marked copies: One copy of 
the document marked ``CONFIDENTIAL'' including all the information 
believed to be confidential, and one copy of the document marked ``NON-
CONFIDENTIAL'' with the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination. 
The information collected under this process will not be part of a 
system of records covered by the Privacy Act and may be subject to 
disclosure under the Freedom of Information Act (FOIA). If you are 
submitting any confidential business information, and believe this 
information is exempt from disclosure under FOIA Exemption 4 (5 U.S.C. 
552(b)(4)), please mark such information before submitting your 
application.
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C. WAPA's Consideration of Applications

    1. Upon receipt, WAPA will review the APD form and verify that each 
applicant meets the general eligibility criteria set forth in Section 
II above.
    a. WAPA will request, in writing, additional information from any 
applicant whose APD form is deficient. The applicant shall have 15 
calendar days from the date on WAPA's request letter to provide, in 
writing, the requested information. If the requested information is not 
provided within that time period, the application will not be 
considered.
    b. If WAPA determines that an applicant does not meet the general 
eligibility criteria, WAPA will send a letter explaining why the 
applicant did not qualify.
    c. If an applicant meets the general eligibility criteria, WAPA 
will determine the amount of firm power to be allocated under the 
general allocation criteria set forth in Section III above. WAPA will 
send for the applicant's review a draft firm electric service contract, 
which contains the terms and conditions of the offer and the amount of 
firm power allocated to the applicant.
    2. WAPA reserves the right to determine the amount of firm power to 
allocate to an applicant, as justified by an applicant's APD form.

VI. Regulatory Procedure Requirements

A. Review Under the National Environmental Policy Act (NEPA)

    WAPA has determined this action fits within the following 
categorical exclusion listed in appendix B to subpart D of 10 CFR part 
1021.B4.1 (Contracts, policies, and marketing and allocation plans for 
electric power). Categorically excluded projects and activities do not 
require preparation of either an environmental impact statement or an 
environmental assessment.\1\ Specifically, WAPA has determined this 
rulemaking is consistent with activities identified in part B4, 
Categorical Exclusions Applicable to Specific Agency Actions (see 10 
CFR part 1021, appendix B to subpart D, part B4). A copy of the 
categorical exclusion determination is available on WAPA-RMR's website 
at: https://www.wapa.gov/regions/RM/environment/Pages/CX2021.aspx. Look 
for the file entitled ``2021-091 LAP 2025 Resource Pool CX.''
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    \1\ The determination was done in compliance with NEPA (42 
U.S.C. 4321-4347); the Council on Environmental Quality Regulations 
for implementing NEPA (40 CFR parts 1500-1508); and DOE NEPA 
Implementing Procedures and Guidelines (10 CFR part 1021).
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B. Review Under Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.), WAPA has received approval from the Office of Management and 
Budget for the collection of customer information in this rule, under 
OMB control number 1910-5136.

C. Determination Under Executive Order 12866

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

Signing Authority

    This document of the Department of Energy was signed on September 
10, 2021, by Tracey A. LeBeau, Administrator, Western Area 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 September 15, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-20242 Filed 9-17-21; 8:45 am]
BILLING CODE 6450-01-P