Bonneville Power Administration; Order Approving Rates on An Interim Basis and Providing Opportunity for Additional Comments, 55597-55599 [2021-21814]
Download as PDF
<![CDATA[
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
emailed to Commission staff are not
considered part of the Commission
record.
The Commission’s Rules of Practice
and Procedure require all intervenors
filing documents with the Commission
to serve a copy of that document on
each person whose name appears on the
official service list for the project.
Further, if an intervenor files comments
or documents with the Commission
relating to the merits of an issue that
may affect the responsibilities of a
particular resource agency, they must
also serve a copy of the document on
that resource agency.
k. Description of Request: The
licensee requests a temporary variance
from the juvenile American shad
downstream passage protection flows
required by Article 401 of the project
license, the Pennsylvania Department of
Environmental Protection’s Water
Quality Certificate (WQC) condition
III.B.3.a.i, and the U.S. Fish and
Wildlife Service’s fishway prescription,
section 9.9.6.a.ii. The licensee is
required to spill 370 cubic feet per
second (cfs) from the forebay sluice gate
from 1700 to 2300 hours throughout the
downstream juvenile American shad
passage period, from October 1 through
November 30. These flows are required
until a nature-like fishway is completed
at the project. The licensee began
construction of downstream passage
facilities at the forebay sluice gate in
July 2021 and had been scheduled to
complete construction by September 30,
2021. As a result of Tropical Storm Ida,
the licensee could not safely conduct
construction activities and had to
remove equipment from the river until
tailwater elevations abated. Due to these
construction delays, the licensee now
anticipates completing work by
November 15, 2021. The licensee
indicates that it would make every effort
to complete construction sooner, and
that it would release the 370 cfs
protection flows from the sluice gate
immediately upon being able to safely
do so. The licensee would continue to
provide downstream flows via its
generating units as required by WQC
condition III.B.3.1.i and fishway
prescription section 9.9.6.a.i. The
Pennsylvania Department of
Environmental Protection and U.S. Fish
and Wildlife Service support the
variance request.
l. Locations of the Application: This
filing may be viewed on the
Commission’s website at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. You may
also register online at https://
VerDate Sep<11>2014
20:38 Oct 05, 2021
Jkt 256001
www.ferc.gov/docs-filing/
esubscription.asp to be notified via
email of new filings and issuances
related to this or other pending projects.
For assistance, call 1–866–208–3676 or
email FERCOnlineSupport@ferc.gov, for
TTY, call (202) 502–8659. Agencies may
obtain copies of the application directly
from the applicant.
m. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
n. Comments, Protests, or Motions to
Intervene: Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214,
respectively. In determining the
appropriate action to take, the
Commission will consider all protests or
other comments filed, but only those
who file a motion to intervene in
accordance with the Commission’s
Rules may become a party to the
proceeding. Any comments, protests, or
motions to intervene must be received
on or before the specified comment date
for the particular application.
o. Filing and Service of Documents:
Any filing must (1) bear in all capital
letters the title ‘‘COMMENTS’’,
‘‘PROTEST’’, or ‘‘MOTION TO
INTERVENE’’ as applicable; (2) set forth
in the heading the name of the applicant
and the project number of the
application to which the filing
responds; (3) furnish the name, address,
and telephone number of the person
commenting, protesting or intervening;
and (4) otherwise comply with the
requirements of 18 CFR 385.2001
through 385.2005. All comments,
motions to intervene, or protests must
set forth their evidentiary basis. Any
filing made by an intervenor must be
accompanied by proof of service on all
persons listed in the service list
prepared by the Commission in this
proceeding, in accordance with 18 CFR
385.2010.
Dated: September 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–21815 Filed 10–5–21; 8:45 am]
BILLING CODE 6717–01–P
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
55597
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EF21–3–000]
Bonneville Power Administration;
Order Approving Rates on An Interim
Basis and Providing Opportunity for
Additional Comments
1. In this order, we approve
Bonneville Power Administration’s
(Bonneville) proposed fiscal years 2022–
2023 wholesale power and transmission
rates on an interim basis, pending our
further review. We also provide an
additional period of time for the parties
to file comments.
I. Background
2. On July 30, 2021, as supplemented
on August 2, 2021, Bonneville filed a
request for interim and final approval of
its proposed wholesale power 1 and
transmission rates 2 in accordance with
the Pacific Northwest Electric Power
Planning and Conservation Act
(Northwest Power Act) 3 and Subpart B
of Part 300 of the Commission’s
regulations.4 Bonneville projects that
the filed rates will produce average
annual power revenues of $2.774 billion
and average annual transmission
revenues of $1.151 billion. Bonneville
asserts that this level of annual revenues
is sufficient to recover its costs for the
2022–2023 rate approval period, while
providing cash flow to assure at least a
95% probability of making all payments
to the United States Treasury in full and
on time for each year of the 2022–2023
rate approval period.
3. On August 12, 2021, Bonneville
submitted an erratum to its July 30
1 The proposed wholesale power rates for which
Bonneville seeks approval for the fiscal years 2022–
2023, which is the period October 1, 2021, through
September 30, 2023, are: Priority Firm Power Rate
(PF–22); New Resource Firm Power Rate (NR–22);
Industrial Firm Power Rate (IP–22); Firm Power and
Surplus Products and Services Rate (FPS–22).
Bonneville also seeks approval of related General
Rates Schedule Provisions for the same period.
2 The proposed transmission and ancillary
services rates (referred to collectively as
transmission rates) for which Bonneville seeks
approval for the period October 1, 2021, through
September 30, 2023, are: Formula Power
Transmission Rate (FPT–22.1); Formula Power
Transmission Rate (FPT–22.3); Network Integration
Rate (NT–22); Point-to-Point Rate (PTP–22);
Southern Intertie Rate (IS–22); Montana Intertie
Rate (IM–22); Use-of-Facilities Transmission Rate
(UFT–22); Advance Funding Rate (AF–22);
Townsend-Garrison Transmission Rate (TGT–22);
Regional Compliance Enforcement and Regional
Coordinator Rates (RC–22); Oversupply Rate (OS–
22); Eastern Intertie Rate (IE–22); and Ancillary and
Control Area Services Rates (ACS–22). Bonneville
also seeks approval of related General Rates
Schedule Provisions for the same period.
3 16 U.S.C. 839e(i).
4 18 CFR 300.10–300.14 (2020).
E:\FR\FM\06OCN1.SGM
06OCN1
55598
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
jspears on DSK121TN23PROD with NOTICES1
Filing to correct certain errors in the
final documents for the power and
transmission rates from the BP–22 rate
proceeding (August 12 Erratum).
Bonneville asserts that its corrections do
not affect its cost recovery under the
2022–2023 rate approval period or the
conclusions in its repayment studies.
For power rates, Bonneville states that
it corrected an error in a summary table
in the power rates study. For
transmission rates, Bonneville states
that it corrected a forecast error that
affected the allocation of costs among
certain ancillary and control area
services rates. Bonneville acknowledges
that, although correcting the error has
resulted in a change to certain ancillary
and control area services rates in its
filing, the change has no material
impact on the transmission revenue
forecast. Bonneville also states that this
change in projected revenues has no
material impact on Bonneville’s
recovery of costs during the 2022–2023
rate approval period or on the riskadjusted expected value of transmission
reserves for risk at the end of fiscal years
2022 or 2023.
4. On August 26, 2021, Bonneville
submitted an additional erratum
(August 26 Erratum) to its July 30 Filing
to correct certain errors to loads
submitted by Portland General Electric
(Portland General) that were used to
calculate Portland General’s allocation
of benefits under the Residential
Exchange Program (REP). According to
Bonneville, Portland General informed
Bonneville on August 12, 2021, that the
exchange loads it submitted for calendar
year 2020 contained erroneous data.
Bonneville reports that the error roughly
doubled Portland General’s exchange
load, resulting in a significant increase
in Portland General’s REP benefits and
a concomitant reduction to other
investor-owned utility REP participant
benefits and the consumer-owned utility
REP participant’s benefits. The August
26 Erratum revised power rate
schedules, a study, and study
documentation to correct those errors.
II. Notice of Filing
5. Notices of Bonneville’s July 30,
2021 application and August 2, 2021
supplement were published in the
Federal Register, 86 FR 43,651 (Aug. 10,
2021); 86 FR 48,132 (Aug. 27, 2021).
Protests and motions to intervene were
due on or before August 30, 2021, and
September 1, 2021, respectively. Timely
motions to intervene were filed by
Pacific Northwest Generating
Cooperative, Avangrid Renewables,
LLC, Northwest Requirements Utilities,
Public Power Council, Powerex Corp.,
M–S–R Public Power Agency, and Idaho
VerDate Sep<11>2014
20:38 Oct 05, 2021
Jkt 256001
Conservation League, Great Old Broads
for Wilderness, and Idaho Rivers United
(collectively, Environmental Parties).
Environmental Parties filed a protest
opposing the confirmation and approval
of Bonneville’s proposed power and
transmission rates for the 2022–2023
rate period. On September 7, 2021,
Bonneville filed a request for leave to
answer and an answer to Environmental
Parties’ protest.
6. Environmental Parties assert that
Bonneville has a statutory obligation to
protect, mitigate, and enhance fish and
wildlife affected by the federal
hydropower system,5 and that
Bonneville violated its statutory
obligation by underfunding or failing to
fund much-needed fish mitigation and
enhancement projects.6 Further,
Environmental Parties assert that
Bonneville violated the Northwest
Power Act and the Administrative
Procedure Act by failing to demonstrate
‘‘equitable treatment’’ for fish and
wildlife in its final rate determination.7
Finally, Environmental Parties aver that
Bonneville is obligated to comply with
the Administrative Procedure Act’s
requirement of reasoned decisionmaking 8 and that by failing to consider
important aspects of the issues before
it—namely, Environmental Parties’
previous comments during Bonneville’s
environmental review—Bonneville
disregarded this obligation.
7. In response, Bonneville asserts that
the protesters’ arguments fall outside
the Commission’s limited jurisdiction
over Bonneville’s power and
transmission rates established by
section 7(a)(2) of the Northwest Power
Act.9 Bonneville states that Bonneville’s
compliance with its environmental
review and fish and wildlife protection
obligations are outside the scope of
section 7(a)(2) and thus are not within
the scope of the Commission’s review.10
Bonneville argues that, even though it
complied with section 4(h)(11)(A) of the
Administrative Procedure Act, the
Commission’s scope of review is limited
to section 7(a)(2) of the Northwest
Power Act, which does not extend to
Bonneville’s obligations under the
Administrative Procedure Act.11
5 16
U.S.C. 839b(h)(11)(A)(i).
Parties August 27 Protest at 1.
7 Id. at 2.
8 Id. at 11 (citing Golden Nw. Aluminum, Inc. v.
Bonneville Power Admin., 501 F.3d 1037, 1045,
1051 (9th Cir. 2007)).
9 Bonneville September 7 Answer at 3 (citing 16
U.S.C. 839e(a)(2)).
10 Id. at 4 (citing U.S. Dep’t of Energy—Bonneville
Power Admin., 32 FERC ¶ 61,014 (1985)).
11 Id. at 5–6.
6 Envtl.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
III. Discussion
A. Procedural Matters
8. Pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214 (2020), the
timely, unopposed motions to intervene
serve to make the entities that filed
them parties to this proceeding.
B. Standard of Review
9. Under the Northwest Power Act,
the Commission’s review of
Bonneville’s regional power and
transmission rates is limited to
determining whether Bonneville’s
proposed rates meet the three specific
requirements of section 7(a)(2) of the
Northwest Power Act: 12
(A) They must be sufficient to assure
repayment of the Federal investment in
the Federal Columbia River Power
System over a reasonable number of
years after first meeting Bonneville’s
other costs;
(B) they must be based upon
Bonneville’s total system costs; and
(C) insofar as transmission rates are
concerned, they must equitably allocate
the costs of the Federal transmission
system between Federal and nonFederal power.
10. Commission review of
Bonneville’s non-regional, non-firm
rates also is limited. Review is restricted
to determining whether such rates meet
the requirements of section 7(k) of the
Northwest Power Act,13 which requires
that they comply with the Bonneville
Project Act, the Flood Control Act of
1944, and the Federal Columbia River
Transmission System Act. Taken
together, those statutes require that
Bonneville’s non-regional, non-firm
rates:
(A) Recover the cost of generation and
transmission of such electric energy,
including the amortization of
investments in the power projects
within a reasonable period;
(B) encourage the most widespread
use of Bonneville power; and
(C) provide the lowest possible rates
to consumers consistent with sound
business principles.
11. Unlike the Commission’s statutory
authority under the Federal Power Act,
the Commission’s authority under
sections 7(a) and 7(k) of the Northwest
Power Act does not include the power
to modify the rates. The responsibility
for developing rates in the first instance
is vested with Bonneville’s
Administrator. The rates are then
12 16 U.S.C. 839e(a)(2). Bonneville also must
comply with the financial, accounting, and
ratemaking requirements in Department of Energy
Order No. RA 6120.2.
13 Id. § 839e(k).
E:\FR\FM\06OCN1.SGM
06OCN1
55599
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
submitted to the Commission for
approval or disapproval. In this regard,
the Commission’s role can be viewed as
an appellate one: to affirm or remand
the rates submitted to it for review.14
12. Moreover, review at this interim
stage is further limited. In view of the
volume and complexity of a Bonneville
rate application, such as the one now
before the Commission in this filing,
and the limited period in advance of the
requested effective date in which to
review the application,15 the
Commission generally defers resolution
of issues on the merits of Bonneville’s
application until the order on final
confirmation. Thus, the proposed rates,
if not patently deficient, generally are
approved on an interim basis and the
parties are afforded an additional
opportunity in which to raise issues
with regard to Bonneville’s filing.16
13. The Commission declines at this
time to grant final confirmation and
approval of Bonneville’s proposed
wholesale power and transmission rates.
The Commission’s preliminary review
nevertheless indicates that Bonneville’s
wholesale power and transmission rates
filing appears to meet the statutory
standards and the minimum threshold
filing requirements of Part 300 of the
Commission’s regulations.17 Moreover,
the Commission’s preliminary review of
Bonneville’s submittal indicates that it
does not contain any patent
deficiencies. The proposed rates
therefore will be approved on an interim
basis pending full review for final
approval. We note, as well, that no one
will be harmed by this decision because
interim approval allows Bonneville’s
rates to go into effect subject to refund
with interest; the Commission may
order refunds with interest if the
Commission later determines in its final
decision not to approve the rates.18
14. In addition, we will provide an
additional period of time for parties to
file comments and reply comments on
issues related to final confirmation and
approval of Bonneville’s proposed rates.
This will ensure that the record in this
proceeding is complete and fully
developed.
The Commission orders:
(A) Interim approval of Bonneville’s
proposed wholesale power and
transmission rates is hereby granted, to
become effective on October 1, 2021,
through September 30, 2023, subject to
refund with interest as set forth in
section 300.20(c) of the Commission’s
regulations,19 pending final action and
either their approval or disapproval.
(B) Within 30 days of the date of this
order, parties who wish to do so may
file additional comments regarding final
confirmation and approval of
Bonneville’s proposed rates. Parties who
wish to do so may file reply comments
within 20 days thereafter.
(C) The Secretary shall promptly
publish this order in the Federal
Register.
By the Commission.
Issued: September 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–21814 Filed 10–5–21; 8:45 am]
BILLING CODE 6717–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Termination of Receiverships
The Federal Deposit Insurance
Corporation (FDIC or Receiver), as
Receiver for each of the following
insured depository institutions, was
charged with the duty of winding up the
affairs of the former institutions and
liquidating all related assets. The
Receiver has fulfilled its obligations and
made all dividend distributions
required by law.
NOTICE OF TERMINATION OF RECEIVERSHIPS
Fund
jspears on DSK121TN23PROD with NOTICES1
10001
10122
10167
10177
10228
10236
10302
10351
10354
10405
................
................
................
................
................
................
................
................
................
................
Receivership name
City
NetBank ..........................................................................................
Georgian Bank ................................................................................
First Federal Bank of California .....................................................
First Regional Bank ........................................................................
Frontier Bank ..................................................................................
Midwest Bank and Trust Company ................................................
Hillcrest Bank ..................................................................................
Nevada Commerce Bank ...............................................................
Heritage Banking Group .................................................................
Community Banks of Colorado ......................................................
Alpharetta ...................................
Atlanta ........................................
Los Angeles ...............................
Los Angeles ...............................
Everett ........................................
Elmwood Park ............................
Overland Park ............................
Las Vegas ..................................
Carthage ....................................
Greenwood Village .....................
The Receiver has further irrevocably
authorized and appointed FDICCorporate as its attorney-in-fact to
execute and file any and all documents
that may be required to be executed by
the Receiver which FDIC-Corporate, in
its sole discretion, deems necessary,
including but not limited to releases,
discharges, satisfactions, endorsements,
assignments, and deeds. Effective on the
termination dates listed above, the
Receiverships have been terminated, the
14 See, e.g., U.S. Dept. of Energy—Bonneville
Power Admin., 67 FERC ¶ 61,351, at 62,216–17
(1994); Aluminum Co. of Am. v. Bonneville Power
Admin., 903 F.2d 585, 592–93 (9th Cir. 1989).
15 See 18 CFR 300.10(a)(3)(ii).
VerDate Sep<11>2014
20:38 Oct 05, 2021
Jkt 256001
Receiver has been discharged, and the
Receiverships have ceased to exist as
legal entities.
(Authority: 12 U.S.C. 1819)
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on October 1,
2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021–21817 Filed 10–5–21; 8:45 am]
BILLING CODE 6714–01–P
16 See, e.g., U.S. Dept. of Energy—Bonneville
Power Admin., 168 FERC ¶ 62,178, at 4 (2019); U.S.
Dept. of Energy—Bonneville Power Admin., 160
FERC ¶ 61,113, at P 6 (2017).
17 See, e.g., U.S. Dept. of Energy—Bonneville
Power Admin., 168 FERC ¶ 62,178 at P 4; U.S. Dept.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
State
Termination
date
GA
GA
CA
CA
WA
IL
KS
NV
MS
CO
10/01/2021
10/01/2021
10/01/2021
10/01/2021
10/01/2021
10/01/2021
10/01/2021
10/01/2021
10/01/2021
10/01/2021
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
of Energy—Bonneville Power Admin., 160 FERC
¶ 61,113 at P 13.
18 18 CFR 300.20(c) (2020).
19 Id.
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55597-55599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21814]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. EF21-3-000]
Bonneville Power Administration; Order Approving Rates on An
Interim Basis and Providing Opportunity for Additional Comments
1. In this order, we approve Bonneville Power Administration's
(Bonneville) proposed fiscal years 2022-2023 wholesale power and
transmission rates on an interim basis, pending our further review. We
also provide an additional period of time for the parties to file
comments.
I. Background
2. On July 30, 2021, as supplemented on August 2, 2021, Bonneville
filed a request for interim and final approval of its proposed
wholesale power \1\ and transmission rates \2\ in accordance with the
Pacific Northwest Electric Power Planning and Conservation Act
(Northwest Power Act) \3\ and Subpart B of Part 300 of the Commission's
regulations.\4\ Bonneville projects that the filed rates will produce
average annual power revenues of $2.774 billion and average annual
transmission revenues of $1.151 billion. Bonneville asserts that this
level of annual revenues is sufficient to recover its costs for the
2022-2023 rate approval period, while providing cash flow to assure at
least a 95% probability of making all payments to the United States
Treasury in full and on time for each year of the 2022-2023 rate
approval period.
---------------------------------------------------------------------------
\1\ The proposed wholesale power rates for which Bonneville
seeks approval for the fiscal years 2022-2023, which is the period
October 1, 2021, through September 30, 2023, are: Priority Firm
Power Rate (PF-22); New Resource Firm Power Rate (NR-22); Industrial
Firm Power Rate (IP-22); Firm Power and Surplus Products and
Services Rate (FPS-22). Bonneville also seeks approval of related
General Rates Schedule Provisions for the same period.
\2\ The proposed transmission and ancillary services rates
(referred to collectively as transmission rates) for which
Bonneville seeks approval for the period October 1, 2021, through
September 30, 2023, are: Formula Power Transmission Rate (FPT-22.1);
Formula Power Transmission Rate (FPT-22.3); Network Integration Rate
(NT-22); Point-to-Point Rate (PTP-22); Southern Intertie Rate (IS-
22); Montana Intertie Rate (IM-22); Use-of-Facilities Transmission
Rate (UFT-22); Advance Funding Rate (AF-22); Townsend-Garrison
Transmission Rate (TGT-22); Regional Compliance Enforcement and
Regional Coordinator Rates (RC-22); Oversupply Rate (OS-22); Eastern
Intertie Rate (IE-22); and Ancillary and Control Area Services Rates
(ACS-22). Bonneville also seeks approval of related General Rates
Schedule Provisions for the same period.
\3\ 16 U.S.C. 839e(i).
\4\ 18 CFR 300.10-300.14 (2020).
---------------------------------------------------------------------------
3. On August 12, 2021, Bonneville submitted an erratum to its July
30
[[Page 55598]]
Filing to correct certain errors in the final documents for the power
and transmission rates from the BP-22 rate proceeding (August 12
Erratum). Bonneville asserts that its corrections do not affect its
cost recovery under the 2022-2023 rate approval period or the
conclusions in its repayment studies. For power rates, Bonneville
states that it corrected an error in a summary table in the power rates
study. For transmission rates, Bonneville states that it corrected a
forecast error that affected the allocation of costs among certain
ancillary and control area services rates. Bonneville acknowledges
that, although correcting the error has resulted in a change to certain
ancillary and control area services rates in its filing, the change has
no material impact on the transmission revenue forecast. Bonneville
also states that this change in projected revenues has no material
impact on Bonneville's recovery of costs during the 2022-2023 rate
approval period or on the risk-adjusted expected value of transmission
reserves for risk at the end of fiscal years 2022 or 2023.
4. On August 26, 2021, Bonneville submitted an additional erratum
(August 26 Erratum) to its July 30 Filing to correct certain errors to
loads submitted by Portland General Electric (Portland General) that
were used to calculate Portland General's allocation of benefits under
the Residential Exchange Program (REP). According to Bonneville,
Portland General informed Bonneville on August 12, 2021, that the
exchange loads it submitted for calendar year 2020 contained erroneous
data. Bonneville reports that the error roughly doubled Portland
General's exchange load, resulting in a significant increase in
Portland General's REP benefits and a concomitant reduction to other
investor-owned utility REP participant benefits and the consumer-owned
utility REP participant's benefits. The August 26 Erratum revised power
rate schedules, a study, and study documentation to correct those
errors.
II. Notice of Filing
5. Notices of Bonneville's July 30, 2021 application and August 2,
2021 supplement were published in the Federal Register, 86 FR 43,651
(Aug. 10, 2021); 86 FR 48,132 (Aug. 27, 2021). Protests and motions to
intervene were due on or before August 30, 2021, and September 1, 2021,
respectively. Timely motions to intervene were filed by Pacific
Northwest Generating Cooperative, Avangrid Renewables, LLC, Northwest
Requirements Utilities, Public Power Council, Powerex Corp., M-S-R
Public Power Agency, and Idaho Conservation League, Great Old Broads
for Wilderness, and Idaho Rivers United (collectively, Environmental
Parties). Environmental Parties filed a protest opposing the
confirmation and approval of Bonneville's proposed power and
transmission rates for the 2022-2023 rate period. On September 7, 2021,
Bonneville filed a request for leave to answer and an answer to
Environmental Parties' protest.
6. Environmental Parties assert that Bonneville has a statutory
obligation to protect, mitigate, and enhance fish and wildlife affected
by the federal hydropower system,\5\ and that Bonneville violated its
statutory obligation by underfunding or failing to fund much-needed
fish mitigation and enhancement projects.\6\ Further, Environmental
Parties assert that Bonneville violated the Northwest Power Act and the
Administrative Procedure Act by failing to demonstrate ``equitable
treatment'' for fish and wildlife in its final rate determination.\7\
Finally, Environmental Parties aver that Bonneville is obligated to
comply with the Administrative Procedure Act's requirement of reasoned
decision-making \8\ and that by failing to consider important aspects
of the issues before it--namely, Environmental Parties' previous
comments during Bonneville's environmental review--Bonneville
disregarded this obligation.
---------------------------------------------------------------------------
\5\ 16 U.S.C. 839b(h)(11)(A)(i).
\6\ Envtl. Parties August 27 Protest at 1.
\7\ Id. at 2.
\8\ Id. at 11 (citing Golden Nw. Aluminum, Inc. v. Bonneville
Power Admin., 501 F.3d 1037, 1045, 1051 (9th Cir. 2007)).
---------------------------------------------------------------------------
7. In response, Bonneville asserts that the protesters' arguments
fall outside the Commission's limited jurisdiction over Bonneville's
power and transmission rates established by section 7(a)(2) of the
Northwest Power Act.\9\ Bonneville states that Bonneville's compliance
with its environmental review and fish and wildlife protection
obligations are outside the scope of section 7(a)(2) and thus are not
within the scope of the Commission's review.\10\ Bonneville argues
that, even though it complied with section 4(h)(11)(A) of the
Administrative Procedure Act, the Commission's scope of review is
limited to section 7(a)(2) of the Northwest Power Act, which does not
extend to Bonneville's obligations under the Administrative Procedure
Act.\11\
---------------------------------------------------------------------------
\9\ Bonneville September 7 Answer at 3 (citing 16 U.S.C.
839e(a)(2)).
\10\ Id. at 4 (citing U.S. Dep't of Energy--Bonneville Power
Admin., 32 FERC ] 61,014 (1985)).
\11\ Id. at 5-6.
---------------------------------------------------------------------------
III. Discussion
A. Procedural Matters
8. Pursuant to Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2020), the timely, unopposed motions to
intervene serve to make the entities that filed them parties to this
proceeding.
B. Standard of Review
9. Under the Northwest Power Act, the Commission's review of
Bonneville's regional power and transmission rates is limited to
determining whether Bonneville's proposed rates meet the three specific
requirements of section 7(a)(2) of the Northwest Power Act: \12\
---------------------------------------------------------------------------
\12\ 16 U.S.C. 839e(a)(2). Bonneville also must comply with the
financial, accounting, and ratemaking requirements in Department of
Energy Order No. RA 6120.2.
---------------------------------------------------------------------------
(A) They must be sufficient to assure repayment of the Federal
investment in the Federal Columbia River Power System over a reasonable
number of years after first meeting Bonneville's other costs;
(B) they must be based upon Bonneville's total system costs; and
(C) insofar as transmission rates are concerned, they must
equitably allocate the costs of the Federal transmission system between
Federal and non-Federal power.
10. Commission review of Bonneville's non-regional, non-firm rates
also is limited. Review is restricted to determining whether such rates
meet the requirements of section 7(k) of the Northwest Power Act,\13\
which requires that they comply with the Bonneville Project Act, the
Flood Control Act of 1944, and the Federal Columbia River Transmission
System Act. Taken together, those statutes require that Bonneville's
non-regional, non-firm rates:
---------------------------------------------------------------------------
\13\ Id. Sec. 839e(k).
---------------------------------------------------------------------------
(A) Recover the cost of generation and transmission of such
electric energy, including the amortization of investments in the power
projects within a reasonable period;
(B) encourage the most widespread use of Bonneville power; and
(C) provide the lowest possible rates to consumers consistent with
sound business principles.
11. Unlike the Commission's statutory authority under the Federal
Power Act, the Commission's authority under sections 7(a) and 7(k) of
the Northwest Power Act does not include the power to modify the rates.
The responsibility for developing rates in the first instance is vested
with Bonneville's Administrator. The rates are then
[[Page 55599]]
submitted to the Commission for approval or disapproval. In this
regard, the Commission's role can be viewed as an appellate one: to
affirm or remand the rates submitted to it for review.\14\
---------------------------------------------------------------------------
\14\ See, e.g., U.S. Dept. of Energy--Bonneville Power Admin.,
67 FERC ] 61,351, at 62,216-17 (1994); Aluminum Co. of Am. v.
Bonneville Power Admin., 903 F.2d 585, 592-93 (9th Cir. 1989).
---------------------------------------------------------------------------
12. Moreover, review at this interim stage is further limited. In
view of the volume and complexity of a Bonneville rate application,
such as the one now before the Commission in this filing, and the
limited period in advance of the requested effective date in which to
review the application,\15\ the Commission generally defers resolution
of issues on the merits of Bonneville's application until the order on
final confirmation. Thus, the proposed rates, if not patently
deficient, generally are approved on an interim basis and the parties
are afforded an additional opportunity in which to raise issues with
regard to Bonneville's filing.\16\
---------------------------------------------------------------------------
\15\ See 18 CFR 300.10(a)(3)(ii).
\16\ See, e.g., U.S. Dept. of Energy--Bonneville Power Admin.,
168 FERC ] 62,178, at 4 (2019); U.S. Dept. of Energy--Bonneville
Power Admin., 160 FERC ] 61,113, at P 6 (2017).
---------------------------------------------------------------------------
13. The Commission declines at this time to grant final
confirmation and approval of Bonneville's proposed wholesale power and
transmission rates. The Commission's preliminary review nevertheless
indicates that Bonneville's wholesale power and transmission rates
filing appears to meet the statutory standards and the minimum
threshold filing requirements of Part 300 of the Commission's
regulations.\17\ Moreover, the Commission's preliminary review of
Bonneville's submittal indicates that it does not contain any patent
deficiencies. The proposed rates therefore will be approved on an
interim basis pending full review for final approval. We note, as well,
that no one will be harmed by this decision because interim approval
allows Bonneville's rates to go into effect subject to refund with
interest; the Commission may order refunds with interest if the
Commission later determines in its final decision not to approve the
rates.\18\
---------------------------------------------------------------------------
\17\ See, e.g., U.S. Dept. of Energy--Bonneville Power Admin.,
168 FERC ] 62,178 at P 4; U.S. Dept. of Energy--Bonneville Power
Admin., 160 FERC ] 61,113 at P 13.
\18\ 18 CFR 300.20(c) (2020).
---------------------------------------------------------------------------
14. In addition, we will provide an additional period of time for
parties to file comments and reply comments on issues related to final
confirmation and approval of Bonneville's proposed rates. This will
ensure that the record in this proceeding is complete and fully
developed.
The Commission orders:
(A) Interim approval of Bonneville's proposed wholesale power and
transmission rates is hereby granted, to become effective on October 1,
2021, through September 30, 2023, subject to refund with interest as
set forth in section 300.20(c) of the Commission's regulations,\19\
pending final action and either their approval or disapproval.
---------------------------------------------------------------------------
\19\ Id.
---------------------------------------------------------------------------
(B) Within 30 days of the date of this order, parties who wish to
do so may file additional comments regarding final confirmation and
approval of Bonneville's proposed rates. Parties who wish to do so may
file reply comments within 20 days thereafter.
(C) The Secretary shall promptly publish this order in the Federal
Register.
By the Commission.
Issued: September 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-21814 Filed 10-5-21; 8:45 am]
BILLING CODE 6717-01-P
