Proposed Modifications To Open Access Transmission Tariff; Public Hearing and Opportunities for Public Review and Comment, 71317-71320 [2022-25374]

Download as PDF Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices Advisory Committee advises the EAC on how best to fulfill the EAC’s statutory duties set forth in 52 U.S.C. 20922 as well as such other matters as the EAC determines. It shall provide a relevant and comprehensive source of expert, unbiased analysis and recommendations to the EAC on local election administration topics. The Local Leadership Council consists of 100 members. The Election Assistance Commission appoints two members from each state after soliciting nominations from each state’s election official professional association. At the time of submission, the Local Leadership Council has 85 appointed members. Upon appointment, Advisory Committee members must be serving or have previously served in a leadership role in a state election official professional association.The full agenda will be posted in advance on the EAC website: https://www.eac.gov. Status: This meeting will be open to the public. Camden Kelliher, Associate Counsel, U.S. Election Assistance Commission. [FR Doc. 2022–25542 Filed 11–18–22; 4:15 pm] BILLING CODE 6820–KF–P Bonneville Power Administration [BPA File No.: TC–24] Proposed Modifications To Open Access Transmission Tariff; Public Hearing and Opportunities for Public Review and Comment Bonneville Power Administration (Bonneville), Department of Energy (DOE). ACTION: Notice of public hearing and opportunity to review and comment. AGENCY: Bonneville is initiating a proceeding pursuant to Bonneville’s open access transmission tariff (Tariff) and the Federal Power Act to modify the non-rate terms and conditions for transmission, ancillary, and generator interconnection services in Bonneville’s Tariff, to be effective on October 1, 2023. Bonneville has designated this proceeding Docket No. TC–24. DATES: Prehearing Conference: The TC–24 tariff proceeding will begin with a prehearing conference, which will be held via telephone on Friday, December 2, 2022. Intervention: Anyone intending to become a party to the TC–24 tariff proceeding must file a petition to khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: 17:48 Nov 21, 2022 Interested parties may obtain call-in information by accessing Bonneville’s TC–24 tariff proceeding web page at https://www.bpa.gov/goto/ tc24 or by contacting the Hearing Clerk at TC24clerk@gmail.com. The TC–24 prehearing conference will begin immediately following the conclusion of the prehearing conference for Bonneville’s BP–24 Power and Transmission Rate Proceeding, which begins at 10:00 a.m. Participant Comments: Written comments by non-party participants must be received by Friday, December 9, 2022 to be considered in the Hearing Officer’s recommended decision and the Administrator’s Record of Decision (ROD). Part III of this notice, ‘‘Public Participation in TC–24,’’ provides details on requesting access to the secure website, filing a petition to intervene, and submitting participant comments. ADDRESSES: Ms. Elissa Haley, DKS–7, BPA Communications, Bonneville Power Administration, P.O. Box 3621, Portland, Oregon 97208; by phone tollfree at 1–800–622–4519; or by email to enhaley@bpa.gov. The Hearing Clerk for this proceeding can be reached via email at TC24clerk@ gmail.com or via telephone at (503) 479–8506. Please direct questions regarding Bonneville’s secure website to the Rate Hearing Coordinator via email at cwgriffen@bpa.gov or, if the question is time-sensitive, via telephone at (503) 230–5107. Responsible Official: Rebecca Fredrickson, Manager of Transmission Rates, Tariff, Regulatory and Compliance, is the official responsible for the development of Bonneville’s open access transmission tariff. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY VerDate Sep<11>2014 intervene on Bonneville’s secure website. Petitions to intervene may be filed beginning on the date of publication of this Notice and are due no later than 4:30 p.m. on Monday, December 5, 2022. Jkt 259001 SUPPLEMENTARY INFORMATION: Table of Contents Part I. Introduction and Procedural Matters Part II. Scope of TC–24 Terms and Conditions Proceeding Part III. Public Participation in TC–24 Part IV. Summary of Proposed Modifications to Bonneville’s Tariff Part V. Proposed Tariff PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 71317 Part I—Introduction and Procedural Matters A. Introduction The Bonneville Project Act of 1937, as reaffirmed in the Pacific Northwest Electric Power Planning and Conservation Act, grants the Bonneville Administrator broad authority to enter into contracts upon such terms and conditions and in such manner as the Administrator may deem necessary. Bonneville’s Tariff provides the generally applicable terms and conditions for transmission service across the Federal Columbia River Transmission System (FCRTS). Section 9 of the Tariff provides that the Bonneville Administrator may use the procedures set forth in section 212(i)(2)(A) of the Federal Power Act to establish and modify non-rate terms and conditions of the Tariff. Section 212(i)(2)(A) of the Federal Power Act provide procedures the Administrator may use to establish and modify terms and conditions of general applicability for transmission service across the FCRTS. The section 212(i)(2)(A) procedures include giving notice in the Federal Register and conducting a hearing that adheres to the procedural requirements of paragraphs (1) through (3) of Section 7(i) of the Northwest Power Act, 16 U.S.C. 839e(i) (the same procedures Bonneville uses to set rates). In accordance with these procedures, the Hearing Officer conducts one or more hearings as expeditiously as practicable to develop a full and complete record. Unless the Hearing Officer becomes unavailable to Bonneville, upon conclusion of the hearing, the Hearing Officer shall make a recommended decision to the Administrator, and the Administrator then makes a separate and final determination to establish or modify the Tariff terms and conditions (discussed further in Part III, Section C of this notice). Bonneville’s Rules of Procedure govern the TC–24 tariff proceedings. The rules are posted on Bonneville’s website at https://www.bpa.gov/energyand-services/rate-and-tariffproceedings/rules-of-procedurerevision-process. B. Proposed Settlement for Modifications to the Tariff Since early August, Bonneville engaged its transmission and interconnection customers in an attempt to reach settlement of the modifications to the Tariff for the TC–24 proceeding. These discussions have resulted in the TC–24 Settlement Agreement. Bonneville is proposing to adopt the E:\FR\FM\22NON1.SGM 22NON1 71318 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices TC–24 Settlement Agreement in the TC– 24 proceeding. A summary of Bonneville’s proposed Tariff modifications is provided in Part IV of this notice. A link to the full settlement is provided in Part V. The TC–24 Settlement Agreement calls for Bonneville to file a motion with the Hearing Officer to establish a deadline for parties to either object to the proposed settlement or waive the right to contest the settlement. If no parties object to the settlement by the deadline set by the Hearing Officer, Bonneville’s motion would request the Hearing Officer to issue a decision recommending the Administrator adopt the TC–24 Settlement Agreement. Bonneville intends to file its motion soon after the TC–24 prehearing conference. If a party objects to the TC–24 Settlement Agreement, Bonneville will notify all parties and decide how to proceed with respect to the Tariff modifications in the initial proposal. khammond on DSKJM1Z7X2PROD with NOTICES C. Proposed Procedural Schedule A proposed schedule for the proceeding is provided below and is based on an outcome in which Bonneville’s proposed Tariff is settled. The official schedule will be established by the Hearing Officer and may be amended by the Hearing Officer as needed during the proceeding. Prehearing Conference—December 2, 2022 BPA Files Initial Proposal—December 2, 2022 Deadline for Petitions to Intervene— December 5, 2022 Deadline for Objections to Settlement Agreement—December 9, 2022 Close of Participant Comments— December 9, 2022 Hearing Officer’s Recommended Decision Issued—January 13, 2023 Final ROD—February 9, 2023 D. 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, VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 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) which 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) otherwise specified in Section 1010.5(b) of the Rules of Procedure. The ex parte rule remains in effect until the Administrator’s Final ROD is issued. Part II—Scope of the TC–24 Tariff Proceeding The TC–24 tariff proceeding is a proceeding for the adoption of modifications to the non-rate terms and conditions in Bonneville’s Tariff. This section provides guidance to the Hearing Officer regarding the specific issues that are outside the scope of the TC–24 tariff proceeding. In addition to the issues specifically listed below, any other issue that is not a Tariff term or condition issue is outside the scope of this proceeding. 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 Tariff terms and conditions 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. A. Business Practices Bonneville’s business practices provide implementation details for the Tariff and are outside the scope of the TC–24 tariff proceeding. Bonneville’s decisions regarding the business practices are determined in other forums and follow the procedures in Bonneville’s Business Practice Process. If business practices are developed for the proposed terms and conditions in this proceeding, such development will occur outside the terms and conditions PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 proceeding. 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 proposes or challenges Bonneville’s current and future business practices. B. Customer-Specific Contracts and Disputes Contracts and contract disputes between Bonneville and its customers are outside the scope of the TC–24 tariff proceeding. 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 related to contracts and contract disputes of Bonneville customers. C. Oversupply Management Protocol The Oversupply Management Protocol (Tariff Attachment P) includes the Tariff requirements and procedures used to moderate total dissolved gas levels in the Columbia River to protect endangered fish and other aquatic species. Bonneville does not propose to modify the terms of the Oversupply Management Protocol in the TC–24 tariff proceeding. 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 related to the terms of the Oversupply Management Protocol (Tariff Attachment P), including whether the Oversupply Management Protocol complies with orders of the Commission; whether Bonneville took all actions to avoid using the Oversupply Management Protocol, including the payment of negative prices to generators outside of Bonneville’s balancing authority area; and issues concerning the rates for recovering the costs of the Oversupply Management Protocol. D. Program Cost Estimates Bonneville’s projections of its program costs and spending levels are not determined in terms and conditions proceedings and are outside the scope of the TC–24 tariff proceeding. These projections are determined by Bonneville in other forums, such as the Integrated Program Review public process, with input from stakeholders. 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 the Administrator’s decisions on costs and spending levels. E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES E. Rates Pursuant to Bonneville’s statutes, it must set rates to recover costs associated with providing power and transmission services. In addition to and concurrent with this proceeding, Bonneville is holding a separate Power and Transmission Rate Adjustment hearing (the BP–24 proceeding) regarding the proposed fiscal year 2024–2025 power and transmission, ancillary, and control area services rates, including the proposed BP–24 rates settlement agreement. Bonneville’s decisions regarding rates are outside the scope of the TC–24 tariff proceeding. Bonneville is publishing a separate notice in the Federal Register regarding the BP–24 proceeding. 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 related to rates, or that challenges the appropriateness or reasonableness of the Administrator’s decisions on rates or seeks in any way to propose revisions to the rates, including rate schedules, rate schedule provisions, rate designs, rate methodologies, rate forecasts, interest expense and credit, Treasury repayment schedules, non-Federal debt repayment schedules, revenue financing, calculation of depreciation and amortization expense, forecasts of system replacements used in repayment studies, transmission acquisition expenses incurred by Power Services, generation acquisition expenses, minimum required net revenue, increase in, or the use of, financial reserves, and the costs of risk mitigation actions resulting from the expense and revenue uncertainties included in the risk analysis. F. Proposed Settlement of the BP–24 Rate Proceeding, FY 2024–2025 Average System Cost Process, and the FY 2022 Power Reserves Distribution Clause Process The proposed settlement of the BP–24 rate proceeding, FY 2024–2025 Average System Cost Process, and the FY 2022 Power Reserves Distribution Clause Process is outside the scope of the TC– 24 tariff proceeding. 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 related to this proposed settlement. Part III—Public Participation in TC–24 A. Distinguishing Between ‘‘Participants’’ and ‘‘Parties’’ Bonneville distinguishes between ‘‘participants in’’ and ‘‘parties to’’ the VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 TC–24 proceeding. 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 are not entitled to participate in the prehearing conference; may not cross-examine parties’ witnesses, seek discovery, or serve or be served with documents; and are not subject to the same procedural requirements as parties. Bonneville customers that will receive transmission or interconnection service under the terms and conditions subject to this proceeding, or their affiliated customer groups, may not submit participant comments. Members or employees of organizations that have intervened in the terms and conditions 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 intervener organizations. Written comments by participants will be included in the record and considered by the Hearing Officer and the Administrator if they are received by Friday, December 9, 2022. The proposed Tariff and attachments are provided in Section V of this notice. Participants should submit comments through Bonneville’s website at www.bpa.gov/ comment or in hard copy to: BPA Public Involvement, DKS–7, Bonneville Power Administration, P.O. Box 3621, Portland, Oregon 97208. All comments should contain the designation ‘‘TC–24’’ in the subject line. B. Interventions Any entity or person intending to become a party in the TC–24 proceeding must file a petition to intervene through Bonneville’s secure website (https:// ratecase.bpa.gov/). 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 TC–24 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 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 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 71319 forth in Bonneville’s Rules of Procedure sections 1010.6 and 1010.11 and must be uploaded to the TC–24 proceeding secure website by the deadline established in the procedural schedule. A petition to intervene must state the name and address of the entity or person requesting party status and the entity or person’s interest in the hearing. Bonneville customers and affiliated customer groups will be granted intervention based on petitions filed in conformance with Rules of Procedure. Other petitioners must explain their interests in sufficient detail to permit the Hearing Officer to determine whether the petitioners have a relevant interest in the hearing. The deadline for opposing a timely intervention is two business days after the deadline for filing petitions to intervene. Bonneville or any party may oppose a petition for intervention. All petitions will be ruled on by the Hearing Officer. Late interventions are strongly disfavored. Opposition to an untimely petition to intervene must be filed within two business days after service of the petition. C. Developing the Record The hearing record will include, among other things, the transcripts of the hearing, written evidence and arguments entered into the record by Bonneville and the parties, written comments from participants, and other material accepted into the record by the Hearing Officer. Upon conclusion of the hearing, the Hearing Officer will develop a recommended decision for the Administrator. The Hearing Officer’s recommended decision must be based on the record and include the Hearing Officer’s findings and conclusions, including the reasons or bases thereof, on all material issues of fact, law, or discretion raised by the parties in their initial briefs. The Hearing Officer will review and certify the record to the Administrator for final decision. The Administrator will make a final determination establishing or modifying Tariff terms and conditions based on the record, the Hearing Officer’s recommended decision, 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. Part IV—Summary of Proposed Modifications to Bonneville’s Tariff In this proceeding, Bonneville proposes to modify the non-rate Tariff terms and conditions consistent with the Tariff attached to the TC–24 Settlement Agreement, to be effective on October 1, 2023. The TC–24 Settlement E:\FR\FM\22NON1.SGM 22NON1 71320 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices Agreement includes (1) changes to the conditional reservation deadlines for hourly firm and daily firm point-topoint services; (2) maintaining the use of two season loss factors for the Network segment, updating the two season loss factors percentages, and removing the Utility Delivery and DSI loss factors from Schedule 11; (3) updating the description of BPA’s ATC methodologies in Attachment C and specifying that BPA will stop maintaining a long-term ATC methodology for the long-term planning horizon on the flow-based paths and instead use commercial power flow studies to evaluate new transmission service requests; (4) modifying the large generator interconnection request template in Appendix 1 to Attachment L, Large Generator Interconnection Procedures, (5) clarifications to Attachment Q, Energy Imbalance Market, including adding a reference to the rate schedules that would be used under certain EIM contingencies, clarifying forecast data requirements, and updating the location of BPA outage requirements; (6) ministerial edits; and (7) other process-related commitments. The proposed Tariff assumes the TC–24 settlement is successful. In the event the TC–24 settlement is unsuccessful, Bonneville will publish a revised Tariff proposal consistent with the procedural schedule established and amended by the Hearing Officer. Part V—Proposed Tariff Bonneville’s proposed Tariff and the TC–24 Settlement Agreement is part of this notice and is available to view and download on Bonneville’s website at https://www.bpa.gov/goto/TC24. khammond on DSKJM1Z7X2PROD with NOTICES Signing Authority This document of the Department of Energy was signed on November 8, 2022, by John L. Hairston, Administrator and Chief Executive Officer of the Bonneville Power Administration, pursuant to delegated authority from the Secretary of Energy. This 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. VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 Signed in Washington, DC, on November 17, 2022. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2022–25374 Filed 11–21–22; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY DOE/NSF High Energy Physics Advisory Panel Department of Energy, Office of Science. ACTION: Notice of open meeting. AGENCY: This notice announces a hybrid meeting of the DOE/NSF High Energy Physics Advisory Panel (HEPAP). The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register. DATES: Thursday, December 8, 2022; 8:00 a.m. to 5:00 p.m. Friday, December 9, 2022; 8:00 a.m. to 2:00 p.m. ADDRESSES: This meeting is open to the public. This meeting will be held at the Doubletree by Hilton at 620 Perry Parkway, Gaithersburg, MD 20877. Participation through ZOOM will also be available. Information to participate can be found on the website closer to the meeting date at https:// science.osti.gov/hep/hepap/meetings/. FOR FURTHER INFORMATION CONTACT: John Kogut, Executive Secretary; High Energy Physics Advisory Panel (HEPAP); U.S. Department of Energy; Office of Science; SC–35/Germantown Building, 1000 Independence Avenue SW, Washington, DC 20585; Telephone: (301) 903–1298; Email: John.Kogut@science.doe.gov. SUPPLEMENTARY INFORMATION: Purpose of Meeting: To introduce the new Associate Director of the Office of High Energy Physics, Dr. Regina Rameika, and to charge HEPAP to constitute a new Particle Physics Project Prioritization Panel (P5) panel to develop an updated strategic plan for U.S. high-energy physics. SUMMARY: Tentative Agenda • Update from DOE—Regina Rameika • Update from NSF—Denise Caldwell • Presentation of P5 Charge—Glen Crawford/Regina Rameika • Discussion Public Participation: The meeting is open to the public. A webcast of this meeting will be available. Please check the website below for updates and information on how to view the meeting. If you would like to file a PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 written statement with the Committee, you may do so either before or after the meeting. If you would like to make oral statements regarding any of these items on the agenda, you should contact John Kogut, (301) 903–1298 or by email at John.Kogut@science.doe.gov. You must make your request for an oral statement at least five business days before the meeting. Reasonable provisions will be made to include the scheduled oral statements on the agenda. The Chairperson of the Panel will conduct the meeting to facilitate the orderly conduct of business. Public comment will follow the 10-minute rule. Minutes: The minutes of the meeting will be available on the High Energy Physics Advisory Panel website at https://science.osti.gov/hep/hepap/ meetings/. Signed in Washington, DC, on November 16, 2022. LaTanya Butler, Deputy Committee Management Officer. [FR Doc. 2022–25338 Filed 11–21–22; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY National Petroleum Council; Meeting Office of Fossil Energy and Carbon Management, Department of Energy. ACTION: Notice of open meeting. AGENCY: This notice announces a meeting of the National Petroleum Council. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register. DATES: Wednesday, December 14, 2022, 9 a.m. to no later than 11:30 a.m. (EST). ADDRESSES: Willard InterContinental Hotel, 1401 Pennsylvania Avenue NW, Washington, DC 20004. In-person meeting. Information to access a live stream of the meeting proceedings will be available at: www.energy.gov/fecm/ national-petroleum-council-npc. FOR FURTHER INFORMATION CONTACT: Nancy Johnson, U.S. Department of Energy, Office of Resource Sustainability (FECM–30), 1000 Independence Avenue SW, Washington, DC 20585; telephone: (202) 586–6458 or email: nancy.johnson@hq.doe.gov. SUPPLEMENTARY INFORMATION: Purpose of the Committee: To provide advice, information, and recommendations to the Secretary of Energy on matters relating to oil and natural gas, and the oil and natural gas industries. SUMMARY: E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71317-71320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25374]


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DEPARTMENT OF ENERGY

Bonneville Power Administration

[BPA File No.: TC-24]


Proposed Modifications To Open Access Transmission Tariff; Public 
Hearing and Opportunities for Public Review and Comment

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

ACTION:  Notice of public hearing and opportunity to review and 
comment.

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SUMMARY: Bonneville is initiating a proceeding pursuant to Bonneville's 
open access transmission tariff (Tariff) and the Federal Power Act to 
modify the non-rate terms and conditions for transmission, ancillary, 
and generator interconnection services in Bonneville's Tariff, to be 
effective on October 1, 2023. Bonneville has designated this proceeding 
Docket No. TC-24.

DATES: 
    Prehearing Conference: The TC-24 tariff proceeding will begin with 
a prehearing conference, which will be held via telephone on Friday, 
December 2, 2022.
    Intervention: Anyone intending to become a party to the TC-24 
tariff proceeding must file a petition to intervene on Bonneville's 
secure website. Petitions to intervene may be filed beginning on the 
date of publication of this Notice and are due no later than 4:30 p.m. 
on Monday, December 5, 2022.

ADDRESSES: Interested parties may obtain call-in information by 
accessing Bonneville's TC-24 tariff proceeding web page at https://www.bpa.gov/goto/tc24 or by contacting the Hearing Clerk at 
[email protected]. The TC-24 prehearing conference will begin 
immediately following the conclusion of the prehearing conference for 
Bonneville's BP-24 Power and Transmission Rate Proceeding, which begins 
at 10:00 a.m.
    Participant Comments: Written comments by non-party participants 
must be received by Friday, December 9, 2022 to be considered in the 
Hearing Officer's recommended decision and the Administrator's Record 
of Decision (ROD).
    Part III of this notice, ``Public Participation in TC-24,'' 
provides details on requesting access to the secure website, filing a 
petition to intervene, and submitting participant comments.

FOR FURTHER INFORMATION CONTACT: Ms. Elissa Haley, DKS-7, BPA 
Communications, Bonneville Power Administration, P.O. Box 3621, 
Portland, Oregon 97208; by phone toll-free at 1-800-622-4519; or by 
email to [email protected].
    The Hearing Clerk for this proceeding can be reached via email at 
[email protected] or via telephone at (503) 479-8506.
    Please direct questions regarding Bonneville's secure website to 
the Rate Hearing Coordinator via email at [email protected] or, if the 
question is time-sensitive, via telephone at (503) 230-5107.
    Responsible Official: Rebecca Fredrickson, Manager of Transmission 
Rates, Tariff, Regulatory and Compliance, is the official responsible 
for the development of Bonneville's open access transmission tariff.

SUPPLEMENTARY INFORMATION:

Table of Contents

Part I. Introduction and Procedural Matters
Part II. Scope of TC-24 Terms and Conditions Proceeding
Part III. Public Participation in TC-24
Part IV. Summary of Proposed Modifications to Bonneville's Tariff
Part V. Proposed Tariff

Part I--Introduction and Procedural Matters

A. Introduction

    The Bonneville Project Act of 1937, as reaffirmed in the Pacific 
Northwest Electric Power Planning and Conservation Act, grants the 
Bonneville Administrator broad authority to enter into contracts upon 
such terms and conditions and in such manner as the Administrator may 
deem necessary. Bonneville's Tariff provides the generally applicable 
terms and conditions for transmission service across the Federal 
Columbia River Transmission System (FCRTS). Section 9 of the Tariff 
provides that the Bonneville Administrator may use the procedures set 
forth in section 212(i)(2)(A) of the Federal Power Act to establish and 
modify non-rate terms and conditions of the Tariff. Section 
212(i)(2)(A) of the Federal Power Act provide procedures the 
Administrator may use to establish and modify terms and conditions of 
general applicability for transmission service across the FCRTS. The 
section 212(i)(2)(A) procedures include giving notice in the Federal 
Register and conducting a hearing that adheres to the procedural 
requirements of paragraphs (1) through (3) of Section 7(i) of the 
Northwest Power Act, 16 U.S.C. 839e(i) (the same procedures Bonneville 
uses to set rates). In accordance with these procedures, the Hearing 
Officer conducts one or more hearings as expeditiously as practicable 
to develop a full and complete record. Unless the Hearing Officer 
becomes unavailable to Bonneville, upon conclusion of the hearing, the 
Hearing Officer shall make a recommended decision to the Administrator, 
and the Administrator then makes a separate and final determination to 
establish or modify the Tariff terms and conditions (discussed further 
in Part III, Section C of this notice).
    Bonneville's Rules of Procedure govern the TC-24 tariff 
proceedings. The rules are posted on Bonneville's website at https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/rules-of-procedure-revision-process.

B. Proposed Settlement for Modifications to the Tariff

    Since early August, Bonneville engaged its transmission and 
interconnection customers in an attempt to reach settlement of the 
modifications to the Tariff for the TC-24 proceeding. These discussions 
have resulted in the TC-24 Settlement Agreement. Bonneville is 
proposing to adopt the

[[Page 71318]]

TC-24 Settlement Agreement in the TC-24 proceeding. A summary of 
Bonneville's proposed Tariff modifications is provided in Part IV of 
this notice. A link to the full settlement is provided in Part V.
    The TC-24 Settlement Agreement calls for Bonneville to file a 
motion with the Hearing Officer to establish a deadline for parties to 
either object to the proposed settlement or waive the right to contest 
the settlement. If no parties object to the settlement by the deadline 
set by the Hearing Officer, Bonneville's motion would request the 
Hearing Officer to issue a decision recommending the Administrator 
adopt the TC-24 Settlement Agreement. Bonneville intends to file its 
motion soon after the TC-24 prehearing conference.
    If a party objects to the TC-24 Settlement Agreement, Bonneville 
will notify all parties and decide how to proceed with respect to the 
Tariff modifications in the initial proposal.

C. Proposed Procedural Schedule

    A proposed schedule for the proceeding is provided below and is 
based on an outcome in which Bonneville's proposed Tariff is settled. 
The official schedule will be established by the Hearing Officer and 
may be amended by the Hearing Officer as needed during the proceeding.

Prehearing Conference--December 2, 2022
BPA Files Initial Proposal--December 2, 2022
Deadline for Petitions to Intervene--December 5, 2022
Deadline for Objections to Settlement Agreement--December 9, 2022
Close of Participant Comments--December 9, 2022
Hearing Officer's Recommended Decision Issued--January 13, 2023
Final ROD--February 9, 2023

D. 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) which 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) otherwise 
specified in Section 1010.5(b) of the Rules of Procedure. The ex parte 
rule remains in effect until the Administrator's Final ROD is issued.

Part II--Scope of the TC-24 Tariff Proceeding

    The TC-24 tariff proceeding is a proceeding for the adoption of 
modifications to the non-rate terms and conditions in Bonneville's 
Tariff. This section provides guidance to the Hearing Officer regarding 
the specific issues that are outside the scope of the TC-24 tariff 
proceeding. In addition to the issues specifically listed below, any 
other issue that is not a Tariff term or condition issue is outside the 
scope of this proceeding.
    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 Tariff 
terms and conditions 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.

A. Business Practices

    Bonneville's business practices provide implementation details for 
the Tariff and are outside the scope of the TC-24 tariff proceeding. 
Bonneville's decisions regarding the business practices are determined 
in other forums and follow the procedures in Bonneville's Business 
Practice Process. If business practices are developed for the proposed 
terms and conditions in this proceeding, such development will occur 
outside the terms and conditions proceeding. 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 proposes or challenges Bonneville's current and 
future business practices.

B. Customer-Specific Contracts and Disputes

    Contracts and contract disputes between Bonneville and its 
customers are outside the scope of the TC-24 tariff proceeding. 
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 related to contracts and 
contract disputes of Bonneville customers.

C. Oversupply Management Protocol

    The Oversupply Management Protocol (Tariff Attachment P) includes 
the Tariff requirements and procedures used to moderate total dissolved 
gas levels in the Columbia River to protect endangered fish and other 
aquatic species. Bonneville does not propose to modify the terms of the 
Oversupply Management Protocol in the TC-24 tariff proceeding. 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 related to the terms of the Oversupply 
Management Protocol (Tariff Attachment P), including whether the 
Oversupply Management Protocol complies with orders of the Commission; 
whether Bonneville took all actions to avoid using the Oversupply 
Management Protocol, including the payment of negative prices to 
generators outside of Bonneville's balancing authority area; and issues 
concerning the rates for recovering the costs of the Oversupply 
Management Protocol.

D. Program Cost Estimates

    Bonneville's projections of its program costs and spending levels 
are not determined in terms and conditions proceedings and are outside 
the scope of the TC-24 tariff proceeding. These projections are 
determined by Bonneville in other forums, such as the Integrated 
Program Review public process, with input from stakeholders. 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 the Administrator's decisions on costs and spending 
levels.

[[Page 71319]]

E. Rates

    Pursuant to Bonneville's statutes, it must set rates to recover 
costs associated with providing power and transmission services. In 
addition to and concurrent with this proceeding, Bonneville is holding 
a separate Power and Transmission Rate Adjustment hearing (the BP-24 
proceeding) regarding the proposed fiscal year 2024-2025 power and 
transmission, ancillary, and control area services rates, including the 
proposed BP-24 rates settlement agreement. Bonneville's decisions 
regarding rates are outside the scope of the TC-24 tariff proceeding. 
Bonneville is publishing a separate notice in the Federal Register 
regarding the BP-24 proceeding. 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 
related to rates, or that challenges the appropriateness or 
reasonableness of the Administrator's decisions on rates or seeks in 
any way to propose revisions to the rates, including rate schedules, 
rate schedule provisions, rate designs, rate methodologies, rate 
forecasts, interest expense and credit, Treasury repayment schedules, 
non-Federal debt repayment schedules, revenue financing, calculation of 
depreciation and amortization expense, forecasts of system replacements 
used in repayment studies, transmission acquisition expenses incurred 
by Power Services, generation acquisition expenses, minimum required 
net revenue, increase in, or the use of, financial reserves, and the 
costs of risk mitigation actions resulting from the expense and revenue 
uncertainties included in the risk analysis.

F. Proposed Settlement of the BP-24 Rate Proceeding, FY 2024-2025 
Average System Cost Process, and the FY 2022 Power Reserves 
Distribution Clause Process

    The proposed settlement of the BP-24 rate proceeding, FY 2024-2025 
Average System Cost Process, and the FY 2022 Power Reserves 
Distribution Clause Process is outside the scope of the TC-24 tariff 
proceeding. 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 related to this 
proposed settlement.

Part III--Public Participation in TC-24

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

    Bonneville distinguishes between ``participants in'' and ``parties 
to'' the TC-24 proceeding. 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 are not entitled to participate in the prehearing 
conference; may not cross-examine parties' witnesses, seek discovery, 
or serve or be served with documents; and are not subject to the same 
procedural requirements as parties. Bonneville customers that will 
receive transmission or interconnection service under the terms and 
conditions subject to this proceeding, or their affiliated customer 
groups, may not submit participant comments. Members or employees of 
organizations that have intervened in the terms and conditions 
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 intervener 
organizations.
    Written comments by participants will be included in the record and 
considered by the Hearing Officer and the Administrator if they are 
received by Friday, December 9, 2022. The proposed Tariff and 
attachments are provided in Section V of this notice. Participants 
should submit comments through Bonneville's website at www.bpa.gov/comment or in hard copy to: BPA Public Involvement, DKS-7, Bonneville 
Power Administration, P.O. Box 3621, Portland, Oregon 97208. All 
comments should contain the designation ``TC-24'' in the subject line.

B. Interventions

    Any entity or person intending to become a party in the TC-24 
proceeding must file a petition to intervene through Bonneville's 
secure website (https://ratecase.bpa.gov/). 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 TC-24 
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 
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 Bonneville's Rules 
of Procedure sections 1010.6 and 1010.11 and must be uploaded to the 
TC-24 proceeding secure website by the deadline established in the 
procedural schedule.
    A petition to intervene must state the name and address of the 
entity or person requesting party status and the entity or person's 
interest in the hearing. Bonneville customers and affiliated customer 
groups will be granted intervention based on petitions filed in 
conformance with Rules of Procedure. Other petitioners must explain 
their interests in sufficient detail to permit the Hearing Officer to 
determine whether the petitioners have a relevant interest in the 
hearing. The deadline for opposing a timely intervention is two 
business days after the deadline for filing petitions to intervene. 
Bonneville or any party may oppose a petition for intervention. All 
petitions will be ruled on by the Hearing Officer. Late interventions 
are strongly disfavored. Opposition to an untimely petition to 
intervene must be filed within two business days after service of the 
petition.

C. Developing the Record

    The hearing record will include, among other things, the 
transcripts of the hearing, written evidence and arguments entered into 
the record by Bonneville and the parties, written comments from 
participants, and other material accepted into the record by the 
Hearing Officer. Upon conclusion of the hearing, the Hearing Officer 
will develop a recommended decision for the Administrator. The Hearing 
Officer's recommended decision must be based on the record and include 
the Hearing Officer's findings and conclusions, including the reasons 
or bases thereof, on all material issues of fact, law, or discretion 
raised by the parties in their initial briefs. The Hearing Officer will 
review and certify the record to the Administrator for final decision.
    The Administrator will make a final determination establishing or 
modifying Tariff terms and conditions based on the record, the Hearing 
Officer's recommended decision, 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.

Part IV--Summary of Proposed Modifications to Bonneville's Tariff

    In this proceeding, Bonneville proposes to modify the non-rate 
Tariff terms and conditions consistent with the Tariff attached to the 
TC-24 Settlement Agreement, to be effective on October 1, 2023. The TC-
24 Settlement

[[Page 71320]]

Agreement includes (1) changes to the conditional reservation deadlines 
for hourly firm and daily firm point-to-point services; (2) maintaining 
the use of two season loss factors for the Network segment, updating 
the two season loss factors percentages, and removing the Utility 
Delivery and DSI loss factors from Schedule 11; (3) updating the 
description of BPA's ATC methodologies in Attachment C and specifying 
that BPA will stop maintaining a long-term ATC methodology for the 
long-term planning horizon on the flow-based paths and instead use 
commercial power flow studies to evaluate new transmission service 
requests; (4) modifying the large generator interconnection request 
template in Appendix 1 to Attachment L, Large Generator Interconnection 
Procedures, (5) clarifications to Attachment Q, Energy Imbalance 
Market, including adding a reference to the rate schedules that would 
be used under certain EIM contingencies, clarifying forecast data 
requirements, and updating the location of BPA outage requirements; (6) 
ministerial edits; and (7) other process-related commitments. The 
proposed Tariff assumes the TC-24 settlement is successful. In the 
event the TC-24 settlement is unsuccessful, Bonneville will publish a 
revised Tariff proposal consistent with the procedural schedule 
established and amended by the Hearing Officer.

Part V--Proposed Tariff

    Bonneville's proposed Tariff and the TC-24 Settlement Agreement is 
part of this notice and is available to view and download on 
Bonneville's website at https://www.bpa.gov/goto/TC24.

Signing Authority

    This document of the Department of Energy was signed on November 8, 
2022, by John L. Hairston, Administrator and Chief Executive Officer of 
the Bonneville Power Administration, pursuant to delegated authority 
from the Secretary of Energy. This 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 November 17, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-25374 Filed 11-21-22; 8:45 am]
BILLING CODE 6450-01-P
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