San Carlos Irrigation Project-Power Division, Arizona Power Rate Adjustment, 77628-77633 [2022-27473]
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
approved in advance by the Designated
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considered for appointments.
Eriks Gabliks,
Superintendent, National Fire Academy,
United States Fire Administration, Federal
Emergency Management Agency.
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by 25 CFR
293.4, all compacts and amendments are
subject to review and approval by the
Secretary. The Amendments waive the
State’s Eleventh Amendment immunity
if the parties negotiate a successor
compact, thereby permitting
enforcement of the good faith
negotiation provisions in IGRA. If a
successor compact is not successfully
concluded, the existing compact will
remain effective throughout IGRA’s
remedial process. The Amendments also
add electronic poker games, sports book
event wagering, any class III gaming
authorized by State law, and mobile
gaming within tribal lands. The
Amendments are approved.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–27470 Filed 12–16–22; 8:45 am]
[FR Doc. 2022–27442 Filed 12–16–22; 8:45 am]
BILLING CODE 4337–15–P
BILLING CODE 9111–74–P
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/
A0A501010.999900]
[2231A2100DD/AAKC001030/
A0A501010.999900]
Indian Gaming; Approval of TribalState Class III Gaming Compacts in the
State of North Dakota
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice.
ACTION:
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19:38 Dec 16, 2022
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Indian Affairs
(BIA) has adjusted its electric power
rates for the Power Division of San
Carlos Irrigation Project (SCIP/PD).
DATES: The 2023 electric power rates are
effective on January 18, 2023.
FOR FURTHER INFORMATION CONTACT: For
details about SCIP/PD, please contact
Ferris Begay, Project Manager, San
Carlos Irrigation Project, 13805 N
Arizona Blvd., Coolidge, AZ 85128,
(520) 723–6225.
SUPPLEMENTARY INFORMATION: A Notice
of Proposed Rate Adjustment was
published in the Federal Register on
February 10, 2022 (87 FR 7863) to
propose adjustments to the electric
power rates at SCIP/PD. The public and
interested parties were provided an
opportunity to submit written
comments during the 60-day period that
ended April 11, 2022.
SUMMARY:
This notice publishes the
approval of the Amended Gaming
Compact between the Three Affiliated
Tribes of the Fort Berthold Reservation
and the State of North Dakota and the
Amended Gaming Compact between the
Standing Rock Sioux Tribe and the State
of North Dakota (Amendments)
governing class III gaming for the Three
Affiliated Tribes of the Fort Berthold
Reservation and the Standing Rock
Sioux Tribe (Tribes) in the State of
North Dakota (State).
DATES: The Amendments take effect on
December 19, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
paula.hart@bia.gov, (202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA), Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
SUMMARY:
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San Carlos Irrigation Project—Power
Division, Arizona Power Rate
Adjustment
Jkt 259001
Did BIA defer or change any proposed
rate increases?
Yes. BIA will not implement the
proposed 2022 rates. The final 2023
rates will be implemented as proposed.
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Did BIA receive any comments on the
proposed electric power rate
adjustments?
Yes. BIA received nine (9) written
comment submissions related to the
proposed rate adjustments for SCIP/PD.
What issues were of concern to the
commenters?
Written comments relating the
proposed rate adjustment were received
by letter and email. BIA’s summary of
the issues and BIA’s responses are
provided below:
Comment: Commenters state a general
opposition to the proposed electric
power rate adjustments.
Response: As noted when rates were
proposed in the Federal Register on
February 10, 2022 (87 FR 7863), BIA is
required to establish power assessment
rates that recover the costs to
administer, operate, maintain, and
rehabilitate our projects. As owner of
SCIP/PD, it is our responsibility to
ensure adequate resources are made
available to meet the requirements
noted above. BIA’s authority to assess
rates dates to the Act of March 7, 1928
(45 Stat. 210–212) as amended, and 25
U.S.C. 385c, and is addressed in BIA’s
regulations at 25 CFR 175. BIA must
systematically review and evaluate
power assessment rates and adjust them,
when necessary, to reflect the full cost
to operate and perform all appropriate
maintenance to ensure safe and reliable
service. If this review and adjustment is
not accomplished, a rate deficiency can
accumulate over time. Rate deficiencies
force BIA to raise assessment rates in
larger increments over shorter periods
than would have otherwise been
necessary.
SCIP/PD’s assessment rates remained
the same from 2007 to 2021 and did not
keep up with the full cost of providing
electrical service, the costs of system
improvements, and the significant
increase in purchased power costs. As a
result, SCIP/PD exhausted its reserve
fund in 2021. These circumstances
required BIA to review and evaluate its
assessment rates, implement a
purchased power cost adjustment, and
propose electric power rate adjustments
to reflect the full cost to operate and
perform all appropriate maintenance to
ensure safe and reliable service. The
SCIP/PD budget, upon which the
proposed electric power rate adjustment
is based, was prepared in accordance
with BIA financial guidelines. BIA
considers the following items when
determining a power project’s budget:
operation and maintenance costs,
maintenance of reserve funds, repair
and replacement costs, defraying
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emergency expenses, ensuring
continuous operation of the system, and
other expenses.
SCIP/PD’s present assessment rates do
not allow us to collect enough revenues
to meet our financial and statutory
requirements. SCIP/PD’s costs have
risen in part due to changing economics,
decreased availability of power
supplies, increased purchased power
costs, rising natural gas prices, and
weather-related and climate events.
Additionally, because SCIP/PD’s service
area is rural, the electrical system has a
large amount of overhead power lines
with limited redundancy and constant
exposure to weather elements. Based on
increased purchased power costs and
expenses associated with operating,
maintaining, and rehabilitating SCIP/
PD, the need for the proposed electric
power rate increase is clear and
justified.
Comment: Seven commenters state no
rate increase should be made at this
time because of the COVID–19
pandemic and state of the economy.
One commenter suggested delaying the
rate increase until after this year’s hot
summer months.
Response: While the Federal Register
on February 10, 2022 (87 FR 7863)
stated we intended to implement rates
in June 2022, BIA will not implement
the proposed 2022 rates. The final 2023
rates will be implemented as proposed.
Unfortunately, the costs associated with
operating and maintaining SCIP/PD
have increased during the COVID–19
pandemic. Moreover, the current state of
the economy and inflation have
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19:38 Dec 16, 2022
Jkt 259001
accelerated SCIP/PD’s rising purchased
power, supplies, materials, and
equipment expenses. We simply cannot
sustain SCIP/PD if we do not implement
the rate increases.
Comment: Three commenters state the
proposed electric power rate increases
are inappropriate on top of the 2021
purchased power cost adjustment.
Response: SCIP/PD’s present electric
power rates were implemented in 2006,
and BIA proposed to increase these
rates. All power costs are included in
our proposed 2023 electric power rates.
Separately, in September 2021, BIA
implemented a purchased power cost
adjustment of $.031 per kilowatt-hour
on top of our electric power rates. The
2021 adjustment was necessary because
the price of BIA’s purchased power
increased by 218% over a one-year
period. The 2021 adjustment will end
when the proposed 2023 rates become
effective. Purchased power cost
adjustments do not follow the procedure
for adjusting electric power rates
because unforeseen increases in the cost
of purchased power are: (a) not under
our control; (b) determined by current
market rates; and (c) subject to market
fluctuations that can occur at an
undetermined time and frequency.
Comment: Five commenters object to
the rate increases for residential
customers because their monthly bills
are already too high. Commenters
estimate residential bills will increase
by at least $41 per month.
Response: Under the proposed 2023
rates, the average residential bill will
increase by $4.08 or 3.2% per month.
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During SCIP/PD’s peak summer month,
the average residential bill will increase
by $14.23 or 7.2% per month. The
below tables display the average
residential monthly bills under the
present and proposed 2023 rates. Bill
increases will be higher for residential
customers with above average energy
consumption and demand.
Present
rates
Proposed
2023 rates
Average residential bill
900 kilowatt-hours
% Increase ............
$ Increase .............
$127.90
..................
..................
$131.98
3.2%
$4.08
Average residential bill in peak summer
month
1,474 kilowatthours .................
% Increase ............
$ Increase .............
$197.35
..................
..................
$211.59
7.2%
$14.23
Comment: Two commenters object to
the rate increases for small and large
commercial customers. One commenter
estimates their commercial bills will
increase by 46%.
Response: Under the proposed 2023
commercial rates, the average
commercial monthly bill will increase
by 15–20%. For commercial customers
with the heaviest energy consumption
and demand, their monthly bills may
increase by more than 46%. The below
graphs display a range of bill increases
under the proposed 2023 small and
large commercial rates.
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
I
i
SCIP/PD Small Commercial Customer- Bill Comparison by Customer Size
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Light Consumer
(Customer consumes energy 25% of the month)
$8,000,00
Heavy Consumption
(Customer consumes energy 75% of the month)
- _,
$7,000,00
J
$5,000,00
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$3,000,00
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15
50
100
150
15
Typical Monthly kilowatt of Demand
■
i:: Present Rates
100
l-1 Present Rates
Proposed 2023 Rates
SCIP/PD Large Commercial Customer - Bill Comparison
Light Consumer
(Customer consumes energy 25% of the
month)
$30,000.00
50
150
200
249
Typical Monthly kilowatt of Demand
II Proposed 2023 Rates
by Customer Size
Heavy Consumption
(Customer consumes energy 75% of the
month)
$70,000
··----------
$60,000
$20,000.00
$40,000
a;
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~ $15,000.00
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$30,000
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$10,000.00
$20,000
$5,000.00
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500
750
Typical Monthly kilowatt of Demand
1000
250
1
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500
750
1000
Typical Monthly kilowatt of Demand
d
:t Present Rates
111 Proposed 2023 Rates
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:t Present Rates
II Proposed 2023 Rates
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
SCIP/PD’s present rates decline,
meaning power gets less expensive as
more power is consumed. SCIP/PD’s
proposed 2023 rates are flat, meaning
each kilowatt-hour consumed is the
same price. Flat rates are common in the
electric power industry and encourage
conservation. SCIP/PD’s move to a flat
rate structure is reflective of changes in
the present market for purchasing
power, which is impacted by power
supply scarcity and higher fuel prices.
Flat rates ensure all energy consumed is
evenly priced and reflective of SCIP/
PD’s cost of purchasing power.
Under the present rates, SCIP/PD’s
heaviest consumers benefit from the
declining block energy tiers. For
example, a typical small commercial
customer—with 15 kilowatt of demand
that consumes energy for 75% of the
hours in a month—will use energy
priced at SCIP/PD’s cheapest energy tier
of $.09 per kilowatt-hour. Whereas a
small commercial customer—with 15
kilowatt of demand that consumes
energy for 25% of the hours in a
month—is unlikely to use energy priced
at SCIP/PD’s cheapest energy tier and
instead pays $.013 per kilowatt-hour.
Under the proposed 2023 rates, all small
commercial customers will pay $0.1412
per kilowatt-hour regardless of hours
consumed in a month.
To keep residential and small
commercial rates similar to surrounding
utilities, SCIP/PD’s heaviest consumers
will experience the greatest bill
increases under the 2023 rates. We
believe large commercial and industrial
customers are better able to absorb rate
increases than SCIP/PD’s residential and
small commercial customers.
Comment: Five commenters object to
proposed increases considering SCIP/
PD’s frequent power outages and
unreliable service.
Response: SCIP/PD’s power outages
are the result of aging infrastructure,
vandalism, wildlife, vehicular
accidents, planned maintenance, and
extreme weather events. In particular,
the power system’s overhead wires and
aging poles make the system highly
exposed to monsoon events. We use
customer collections to routinely
improve and replace SCIP/PD’s
infrastructure. From 2018 to 2021, we
improved and rehabilitated our
Coolidge area infrastructure. From 2022
to 2025, SCIP/PD is targeting
improvements or rehabilitation to our
infrastructure near Hayden, Oracle, Casa
Grande, Coolidge, and Florence.
SCIP/PD is required to maintain a
reserve fund to be available for making
repairs and replacements, defraying
emergency expenses, and ensuring
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19:38 Dec 16, 2022
Jkt 259001
continuous operation of the power
system. In 2021, SCIP/PD depleted its
reserve fund to pay for increased
purchase power costs. The intent of the
2023 rate increase is to replenish SCIP/
PD’s reserve fund.
Comment: One commenter states BIA
did not provide any accompanying data
to explain or justify the increase, nor
did BIA provide sufficient time for
comments.
Response: In addition to the
information provided in the proposed
rate notice in the Federal Register on
February 10, 2022 (87 FR 7863), BIA
held two virtual public meetings on
March 3 and 16. The PowerPoint
presentation from the meetings was
immediately made available on SCIP/
PD’s website at https://www.bia.gov/
programs-services/power-utilities/scippower. In addition, BIA held
stakeholder meetings with San Carlos
Irrigation and Drainage District, Gila
River Indian Community, and San
Carlos Apache Tribe. During all these
meetings, BIA provided ample time for
participants to ask questions and
request clarification. The 60-day
comment period provided ample time to
review the information underlying the
proposed rate increases and for
comments. In response to comments
from the San Carlos Apache Tribe
(Tribe), SCIP/PD provided the Tribe
with information specific to customer
electric use and costs on the San Carlos
Apache Reservation; this occurred over
the course of two meetings with the
Tribe’s representatives and written
correspondence.
Comment: One commenter states
SCIP/PD’s billing process and system
need to be improved and modernized.
The commenter suggests more
convenient ways to pay their bill, such
as online or through budget billing.
Response: SCIP/PD recently upgraded
its billing and payment options to
improve customer experience and
convenience. Customers can sign up for
E-Billing using the Service Request on
the BIA’s web page: https://
www.bia.gov/programs-services/powerutilities/scip-power. Bills can be paid
online through https://www.pay.gov/
public/form/start/20893585 at no charge
with a credit or debit card, Automated
Clearing House (ACH) electronic check
(bank account), Amazon Pay, or PayPal.
Bills can be paid over the phone with
a debit or credit card by calling toll free
(800) 648–8659. Payments can also be
deposited in a secure 24-hour drop box
outside of SCIP/PD’s lobby door, or
payments can be made via US Mail.
Budget billing is a program offered by
some power utilities and establishes a
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set amount paid by the customer each
month to mitigate large utility bills in
months of high electricity use. Although
budget billing is not currently offered by
SCIP/PD, BIA will continue improving
our customer service, service delivery,
and interfaces that are expected of a
modern utility.
Comment: One commenter
recommended use of residential solar
panels for SCIP/PD customers.
Response: SCIP/PD allows customerowned distributed generation from rooftop or ground-mount solar panels to
interconnect to the SCIP/PD grid.
Interconnect requests are evaluated on a
case-by-case basis. SCIP/PD does not
purchase excess generation from its
customers.
Comment: The San Carlos Apache
Tribe (Tribe) raised several objections
related to our duties to the Tribe and its
members in a April 11, 2022, comment
letter.
Response: Some of the Tribe’s
comments have been addressed in the
comments above. We also responded to
the Tribe’s comments regarding
Reservation-specific rate impacts during
government-to-government consultation
and by letter to the Tribe’s Chairman.
Does this notice affect me?
This notice affects you if we provide
you electric service. SCIP/PD provides
service to customers located within the
San Carlos Indian Reservation, Gila
River Indian Reservation, and to areas in
Gila, Maricopa, Pima, and Pinal
counties in Arizona. SCIP/PD provides
power for residential, governmental,
irrigation, commercial, and industrial
uses, and approximately 83 percent of
SCIP/PD’s customers are non-Indians.
What authorizes you to issue this
notice?
Our authority to issue this notice is
vested in the Secretary of the Interior
(Secretary) by 5 U.S.C. 301; the Act of
March 7, 1928 (45 Stat. 210–12), as
amended; and 25 U.S.C. 385c. The
Secretary has in turn delegated this
authority to the Assistant Secretary—
Indian Affairs under Part 209, Chapter
8.1A, of the Department of the Interior’s
Departmental Manual.
What electric power rates are adjusted
by this notice?
The rate table below contains the
present and final 2023 electric power
rates for SCIP/PD. An asterisk
immediately following the rate category
notes where the present rates are
different from 2023 rates.
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Present rate
($)
Rate category
Final 2023 rate
($)
Residential
Minimum monthly charge per bill—includes up to 50 kilowatt-hours * ...
Each kilowatt-hour between 50 and 500 * ..............................................
All additional kilowatt-hours * ...................................................................
Purchased power cost adjustment per kilowatt-hour ∧ ...........................
10.00 ..............................................
0.12 ................................................
0.09 ................................................
0.031 ..............................................
14.08.
0.1387.
0.1387.
0.00.
Small Commercial
Minimum monthly charge per bill—includes up to 50 kilowatt-hours * ...
Each kilowatt-hour between 50 and 950 * ..............................................
Each kilowatt-hour between 950 and 9,000 * .........................................
Each kilowatt-hour over 9,000 * ..............................................................
Demand charge per kilowatt ...................................................................
Purchased power cost adjustment per kilowatt-hour ∧ ...........................
20.00 ..............................................
0.13 ................................................
0.08 ................................................
0.06 ................................................
2.00 ................................................
0.031 ..............................................
26.55.
0.1412.
0.1412.
0.1412.
2.00.
0.00.
Large Commercial
Minimum monthly charge per bill—includes up to 500 kilowatt-hours *
Each kilowatt-hour between 500 and 10,000 * .......................................
Each kilowatt-hour over 10,000 * ............................................................
Demand charge per kilowatt * .................................................................
Purchased power cost adjustment per kilowatt-hour ∧ ...........................
50.00 ..............................................
0.095 ..............................................
0.065 ..............................................
3.00 ................................................
0.031 ..............................................
55.00.
0.101.
0.101.
9.15.
0.00.
Industrial
Minimum monthly charge per bill ............................................................
Each kilowatt-hour * .................................................................................
Demand charge per kilowatt * .................................................................
Purchased power cost adjustment per kilowatt-hour ∧ ...........................
250.00 ............................................
0.05 ................................................
7.00 ................................................
0.031 ..............................................
250.00.
0.0873.
11.29.
0.00.
Dusk-to-Dawn Lighting (see note #1)
Monthly charge for 150 watt lights * ........................................................
Monthly charge for 250 watt lights * ........................................................
Monthly charge for 400 watt lights * ........................................................
17.00 first light, $15.40 next 4
lights, $13.75 six or more lights.
20.85 first light, $19.00 next 4
lights, $16.35 six or more lights.
27.72 first light, $24.27 next 4
lights, $20.85 six or more lights.
17.00 per light.
20.85 per light.
No longer available.
Commercial Pumps
Minimum monthly charge per bill * ..........................................................
Each kilowatt-hour * .................................................................................
Demand charge per kilowatt * .................................................................
Purchased power cost adjustment per kilowatt-hour ∧ ...........................
25.00 ..............................................
0.039 ..............................................
2.40 ................................................
0.031 ..............................................
29.69.
0.0815.
4.25.
0.00.
Irrigation Project Pumps (see note #2)
Each kilowatt-hour * .................................................................................
0.035 ..............................................
0.05794.
* Notes rate categories adjusted.
Note #1. The Dusk-to-Dawn Lighting rate applies to existing and unmetered lights.
Note #2. The Irrigation Project Pumps rate has two components. The first rate component is SCIP/PD’s direct cost of transmission, distribution,
and administration; the final 2023 rate is $0.03183 per kilowatt-hour. The second rate component is SCIP/PD’s direct cost of purchased power;
this is $.02611 per kilowatt-hour. We are required to use our least expensive source of power available, which is currently our Parker-Davis
Project power supply. The Parker-Davis Project power rate is established annually by Western Area Power Administration.
∧ The present electric rates listed in the rate table in the Federal Register on February 10, 2022 (87 FR 7863) did not list the purchased
power cost adjustment implemented in September 2021. To minimize confusion, the present rates in this notice’s rate table have been revised to
reflect the 2021 purchased power cost adjustment. Because changes to purchased power cost adjustments are unforeseen, not under our control, determined by current market rates, and subject to market fluctuations that can occur at an undetermined time and frequency, purchased
power cost adjustments are not included in the procedure for adjusting electric power rates.
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Consultation and Coordination With
Tribal Governments (Executive Order
13175)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to self-
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Jkt 259001
governance and Tribal sovereignty. We
have evaluated this notice under the
Department’s consultation policy and
under the criteria of Executive Order
13175 and have determined there to be
substantial direct effects on federally
recognized Tribes because SCIP/PD is
located on or associated with Indian
reservations. To fulfill its consultation
responsibility to Tribes and Tribal
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organizations, BIA communicates,
coordinates, and consults on a
continuing basis with these entities on
issues of electric power delivery,
electric power availability, and costs of
administration, operation, maintenance,
and construction of our utilities that
concern them. This is accomplished at
the individual power utility by utility,
agency, and regional representatives, as
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appropriate, in accordance with local
protocol and procedures. This notice is
one component of our overall
coordination and consultation process
to provide notice to, and request
comments from, these entities when we
adjust electric power rates.
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (Executive Order
13211)
These rate adjustments are not a
significant energy action under the
definition in Executive Order 13211. A
Statement of Energy Effects is not
required.
Civil Justice Reform (Executive Order
12988)
This notice complies with the
requirements of Executive Order 12988.
Specifically, in issuing this notice, the
Department has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct as required by section
3 of Executive Order 12988.
Regulatory Planning and Review
(Executive Order 12866)
Regulatory Flexibility Act
These rate adjustments are not a rule
for the purposes of the Regulatory
Flexibility Act because they establish ‘‘a
rule of particular applicability relating
to rates.’’ 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of
1995
These rate adjustments do not impose
an unfunded mandate on state, local, or
Tribal governments in the aggregate, or
on the private sector, of more than $130
million per year. They do not have a
significant or unique effect on State,
local, or Tribal governments or the
private sector. Therefore, the
Department is not required to prepare a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).
tkelley on DSK125TN23PROD with NOTICE
Takings (Executive Order 12630)
19:38 Dec 16, 2022
Jkt 259001
DEPARTMENT OF THE INTERIOR
Under the criteria in section 1 of
Executive Order 13132, these rate
adjustments do not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement because they will not
affect the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among the various
levels of government. A federalism
summary impact statement is not
required.
Bureau of Indian Affairs
National Environmental Policy Act
The Department has determined that
these rate adjustments do not constitute
a major Federal action significantly
affecting the quality of the human
environment and that no detailed
statement is required under the National
Environmental Policy Act of 1969, 42
U.S.C. 4321–4370(d), pursuant to 43
CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12
extraordinary circumstances listed at 43
CFR 46.215.
These rate adjustments do not affect
the collections of information which
have been approved by the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995. The OMB Control Number
is 1076–0021 and expires December 31,
2022.
Unfunded Mandates Reform Act of
1995
These rate adjustments do not impose
an unfunded mandate on state, local, or
Tribal governments in the aggregate, or
on the private sector, of more than $130
million per year. They do not have a
significant or unique effect on State,
local, or Tribal governments or the
private sector. Therefore, the
Department is not required to prepare a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–27473 Filed 12–16–22; 8:45 am]
These rate adjustments do not affect a
taking of private property or otherwise
have ‘‘takings’’ implications under
Executive Order 12630. The rate
adjustments do not deprive the public,
State, or local governments of rights or
property.
VerDate Sep<11>2014
Federalism (Executive Order 13132)
Paperwork Reduction Act of 1995
These rate adjustments are not a
significant regulatory action and do not
need to be reviewed by the Office of
Management and Budget under
Executive Order 12866.
77633
BILLING CODE 4337–15–P
PO 00000
[2231A2100DD/AAKC001030/
A0A501010.999900]
Indian Gaming; Approval of TribalState Class III Gaming Compacts in the
State of North Dakota
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
approval of the Amended Gaming
Compact between the SissetonWahpeton Oyate of the Lake Traverse
Reservation and the State of North
Dakota, the Amended Gaming Compact
between the Spirit Lake Tribe and the
State of North Dakota, and the Amended
Gaming Compact between the Turtle
Mountain Band of Chippewa Indians of
North Dakota and the State of North
Dakota (Amendments), governing class
III gaming for the (Tribes) in the State
of North Dakota (State).
DATES: The Amendments take effect on
December 19, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
paula.hart@bia.gov, (202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA), Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by 25 CFR
293.4, all compacts and amendments are
subject to review and approval by the
Secretary. The Amendments waive the
State’s Eleventh Amendment immunity
if the parties negotiate a successor
compact, thereby permitting
enforcement of the good faith
negotiation provisions in IGRA. If a
successor compact is not successfully
concluded, the existing compact will
remain effective throughout IGRA’s
remedial process. The Amendments also
add electronic poker games, sports book
event wagering, any class III gaming
authorized by State law, and mobile
gaming within tribal lands. The
Amendments are approved.
SUMMARY:
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–27471 Filed 12–16–22; 8:45 am]
BILLING CODE 4337–15–P
Frm 00087
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]]>Agencies
[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77628-77633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27473]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[2231A2100DD/AAKC001030/A0A501010.999900]
San Carlos Irrigation Project--Power Division, Arizona Power Rate
Adjustment
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) has adjusted its electric
power rates for the Power Division of San Carlos Irrigation Project
(SCIP/PD).
DATES: The 2023 electric power rates are effective on January 18, 2023.
FOR FURTHER INFORMATION CONTACT: For details about SCIP/PD, please
contact Ferris Begay, Project Manager, San Carlos Irrigation Project,
13805 N Arizona Blvd., Coolidge, AZ 85128, (520) 723-6225.
SUPPLEMENTARY INFORMATION: A Notice of Proposed Rate Adjustment was
published in the Federal Register on February 10, 2022 (87 FR 7863) to
propose adjustments to the electric power rates at SCIP/PD. The public
and interested parties were provided an opportunity to submit written
comments during the 60-day period that ended April 11, 2022.
Did BIA defer or change any proposed rate increases?
Yes. BIA will not implement the proposed 2022 rates. The final 2023
rates will be implemented as proposed.
Did BIA receive any comments on the proposed electric power rate
adjustments?
Yes. BIA received nine (9) written comment submissions related to
the proposed rate adjustments for SCIP/PD.
What issues were of concern to the commenters?
Written comments relating the proposed rate adjustment were
received by letter and email. BIA's summary of the issues and BIA's
responses are provided below:
Comment: Commenters state a general opposition to the proposed
electric power rate adjustments.
Response: As noted when rates were proposed in the Federal Register
on February 10, 2022 (87 FR 7863), BIA is required to establish power
assessment rates that recover the costs to administer, operate,
maintain, and rehabilitate our projects. As owner of SCIP/PD, it is our
responsibility to ensure adequate resources are made available to meet
the requirements noted above. BIA's authority to assess rates dates to
the Act of March 7, 1928 (45 Stat. 210-212) as amended, and 25 U.S.C.
385c, and is addressed in BIA's regulations at 25 CFR 175. BIA must
systematically review and evaluate power assessment rates and adjust
them, when necessary, to reflect the full cost to operate and perform
all appropriate maintenance to ensure safe and reliable service. If
this review and adjustment is not accomplished, a rate deficiency can
accumulate over time. Rate deficiencies force BIA to raise assessment
rates in larger increments over shorter periods than would have
otherwise been necessary.
SCIP/PD's assessment rates remained the same from 2007 to 2021 and
did not keep up with the full cost of providing electrical service, the
costs of system improvements, and the significant increase in purchased
power costs. As a result, SCIP/PD exhausted its reserve fund in 2021.
These circumstances required BIA to review and evaluate its assessment
rates, implement a purchased power cost adjustment, and propose
electric power rate adjustments to reflect the full cost to operate and
perform all appropriate maintenance to ensure safe and reliable
service. The SCIP/PD budget, upon which the proposed electric power
rate adjustment is based, was prepared in accordance with BIA financial
guidelines. BIA considers the following items when determining a power
project's budget: operation and maintenance costs, maintenance of
reserve funds, repair and replacement costs, defraying
[[Page 77629]]
emergency expenses, ensuring continuous operation of the system, and
other expenses.
SCIP/PD's present assessment rates do not allow us to collect
enough revenues to meet our financial and statutory requirements. SCIP/
PD's costs have risen in part due to changing economics, decreased
availability of power supplies, increased purchased power costs, rising
natural gas prices, and weather-related and climate events.
Additionally, because SCIP/PD's service area is rural, the electrical
system has a large amount of overhead power lines with limited
redundancy and constant exposure to weather elements. Based on
increased purchased power costs and expenses associated with operating,
maintaining, and rehabilitating SCIP/PD, the need for the proposed
electric power rate increase is clear and justified.
Comment: Seven commenters state no rate increase should be made at
this time because of the COVID-19 pandemic and state of the economy.
One commenter suggested delaying the rate increase until after this
year's hot summer months.
Response: While the Federal Register on February 10, 2022 (87 FR
7863) stated we intended to implement rates in June 2022, BIA will not
implement the proposed 2022 rates. The final 2023 rates will be
implemented as proposed. Unfortunately, the costs associated with
operating and maintaining SCIP/PD have increased during the COVID-19
pandemic. Moreover, the current state of the economy and inflation have
accelerated SCIP/PD's rising purchased power, supplies, materials, and
equipment expenses. We simply cannot sustain SCIP/PD if we do not
implement the rate increases.
Comment: Three commenters state the proposed electric power rate
increases are inappropriate on top of the 2021 purchased power cost
adjustment.
Response: SCIP/PD's present electric power rates were implemented
in 2006, and BIA proposed to increase these rates. All power costs are
included in our proposed 2023 electric power rates. Separately, in
September 2021, BIA implemented a purchased power cost adjustment of
$.031 per kilowatt-hour on top of our electric power rates. The 2021
adjustment was necessary because the price of BIA's purchased power
increased by 218% over a one-year period. The 2021 adjustment will end
when the proposed 2023 rates become effective. Purchased power cost
adjustments do not follow the procedure for adjusting electric power
rates because unforeseen increases in the cost of purchased power are:
(a) not under our control; (b) determined by current market rates; and
(c) subject to market fluctuations that can occur at an undetermined
time and frequency.
Comment: Five commenters object to the rate increases for
residential customers because their monthly bills are already too high.
Commenters estimate residential bills will increase by at least $41 per
month.
Response: Under the proposed 2023 rates, the average residential
bill will increase by $4.08 or 3.2% per month. During SCIP/PD's peak
summer month, the average residential bill will increase by $14.23 or
7.2% per month. The below tables display the average residential
monthly bills under the present and proposed 2023 rates. Bill increases
will be higher for residential customers with above average energy
consumption and demand.
------------------------------------------------------------------------
Present Proposed
rates 2023 rates
------------------------------------------------------------------------
Average residential bill
------------------------------------------------------------------------
900 kilowatt-hours.............................. $127.90 $131.98
% Increase...................................... .......... 3.2%
$ Increase...................................... .......... $4.08
------------------------------------------------------------------------
Average residential bill in peak summer month
------------------------------------------------------------------------
1,474 kilowatt-hours............................ $197.35 $211.59
% Increase...................................... .......... 7.2%
$ Increase...................................... .......... $14.23
------------------------------------------------------------------------
Comment: Two commenters object to the rate increases for small and
large commercial customers. One commenter estimates their commercial
bills will increase by 46%.
Response: Under the proposed 2023 commercial rates, the average
commercial monthly bill will increase by 15-20%. For commercial
customers with the heaviest energy consumption and demand, their
monthly bills may increase by more than 46%. The below graphs display a
range of bill increases under the proposed 2023 small and large
commercial rates.
[[Page 77630]]
[GRAPHIC] [TIFF OMITTED] TN19DE22.001
[GRAPHIC] [TIFF OMITTED] TN19DE22.002
[[Page 77631]]
SCIP/PD's present rates decline, meaning power gets less expensive
as more power is consumed. SCIP/PD's proposed 2023 rates are flat,
meaning each kilowatt-hour consumed is the same price. Flat rates are
common in the electric power industry and encourage conservation. SCIP/
PD's move to a flat rate structure is reflective of changes in the
present market for purchasing power, which is impacted by power supply
scarcity and higher fuel prices. Flat rates ensure all energy consumed
is evenly priced and reflective of SCIP/PD's cost of purchasing power.
Under the present rates, SCIP/PD's heaviest consumers benefit from
the declining block energy tiers. For example, a typical small
commercial customer--with 15 kilowatt of demand that consumes energy
for 75% of the hours in a month--will use energy priced at SCIP/PD's
cheapest energy tier of $.09 per kilowatt-hour. Whereas a small
commercial customer--with 15 kilowatt of demand that consumes energy
for 25% of the hours in a month--is unlikely to use energy priced at
SCIP/PD's cheapest energy tier and instead pays $.013 per kilowatt-
hour. Under the proposed 2023 rates, all small commercial customers
will pay $0.1412 per kilowatt-hour regardless of hours consumed in a
month.
To keep residential and small commercial rates similar to
surrounding utilities, SCIP/PD's heaviest consumers will experience the
greatest bill increases under the 2023 rates. We believe large
commercial and industrial customers are better able to absorb rate
increases than SCIP/PD's residential and small commercial customers.
Comment: Five commenters object to proposed increases considering
SCIP/PD's frequent power outages and unreliable service.
Response: SCIP/PD's power outages are the result of aging
infrastructure, vandalism, wildlife, vehicular accidents, planned
maintenance, and extreme weather events. In particular, the power
system's overhead wires and aging poles make the system highly exposed
to monsoon events. We use customer collections to routinely improve and
replace SCIP/PD's infrastructure. From 2018 to 2021, we improved and
rehabilitated our Coolidge area infrastructure. From 2022 to 2025,
SCIP/PD is targeting improvements or rehabilitation to our
infrastructure near Hayden, Oracle, Casa Grande, Coolidge, and
Florence.
SCIP/PD is required to maintain a reserve fund to be available for
making repairs and replacements, defraying emergency expenses, and
ensuring continuous operation of the power system. In 2021, SCIP/PD
depleted its reserve fund to pay for increased purchase power costs.
The intent of the 2023 rate increase is to replenish SCIP/PD's reserve
fund.
Comment: One commenter states BIA did not provide any accompanying
data to explain or justify the increase, nor did BIA provide sufficient
time for comments.
Response: In addition to the information provided in the proposed
rate notice in the Federal Register on February 10, 2022 (87 FR 7863),
BIA held two virtual public meetings on March 3 and 16. The PowerPoint
presentation from the meetings was immediately made available on SCIP/
PD's website at https://www.bia.gov/programs-services/power-utilities/scip-power. In addition, BIA held stakeholder meetings with San Carlos
Irrigation and Drainage District, Gila River Indian Community, and San
Carlos Apache Tribe. During all these meetings, BIA provided ample time
for participants to ask questions and request clarification. The 60-day
comment period provided ample time to review the information underlying
the proposed rate increases and for comments. In response to comments
from the San Carlos Apache Tribe (Tribe), SCIP/PD provided the Tribe
with information specific to customer electric use and costs on the San
Carlos Apache Reservation; this occurred over the course of two
meetings with the Tribe's representatives and written correspondence.
Comment: One commenter states SCIP/PD's billing process and system
need to be improved and modernized. The commenter suggests more
convenient ways to pay their bill, such as online or through budget
billing.
Response: SCIP/PD recently upgraded its billing and payment options
to improve customer experience and convenience. Customers can sign up
for E-Billing using the Service Request on the BIA's web page: https://www.bia.gov/programs-services/power-utilities/scip-power. Bills can be
paid online through https://www.pay.gov/public/form/start/20893585 at
no charge with a credit or debit card, Automated Clearing House (ACH)
electronic check (bank account), Amazon Pay, or PayPal. Bills can be
paid over the phone with a debit or credit card by calling toll free
(800) 648-8659. Payments can also be deposited in a secure 24-hour drop
box outside of SCIP/PD's lobby door, or payments can be made via US
Mail.
Budget billing is a program offered by some power utilities and
establishes a set amount paid by the customer each month to mitigate
large utility bills in months of high electricity use. Although budget
billing is not currently offered by SCIP/PD, BIA will continue
improving our customer service, service delivery, and interfaces that
are expected of a modern utility.
Comment: One commenter recommended use of residential solar panels
for SCIP/PD customers.
Response: SCIP/PD allows customer-owned distributed generation from
roof-top or ground-mount solar panels to interconnect to the SCIP/PD
grid. Interconnect requests are evaluated on a case-by-case basis.
SCIP/PD does not purchase excess generation from its customers.
Comment: The San Carlos Apache Tribe (Tribe) raised several
objections related to our duties to the Tribe and its members in a
April 11, 2022, comment letter.
Response: Some of the Tribe's comments have been addressed in the
comments above. We also responded to the Tribe's comments regarding
Reservation-specific rate impacts during government-to-government
consultation and by letter to the Tribe's Chairman.
Does this notice affect me?
This notice affects you if we provide you electric service. SCIP/PD
provides service to customers located within the San Carlos Indian
Reservation, Gila River Indian Reservation, and to areas in Gila,
Maricopa, Pima, and Pinal counties in Arizona. SCIP/PD provides power
for residential, governmental, irrigation, commercial, and industrial
uses, and approximately 83 percent of SCIP/PD's customers are non-
Indians.
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior (Secretary) by 5 U.S.C. 301; the Act of March 7, 1928 (45
Stat. 210-12), as amended; and 25 U.S.C. 385c. The Secretary has in
turn delegated this authority to the Assistant Secretary--Indian
Affairs under Part 209, Chapter 8.1A, of the Department of the
Interior's Departmental Manual.
What electric power rates are adjusted by this notice?
The rate table below contains the present and final 2023 electric
power rates for SCIP/PD. An asterisk immediately following the rate
category notes where the present rates are different from 2023 rates.
[[Page 77632]]
------------------------------------------------------------------------
Final 2023 rate
Rate category Present rate ($) ($)
------------------------------------------------------------------------
Residential
------------------------------------------------------------------------
Minimum monthly charge per bill-- 10.00............. 14.08.
includes up to 50 kilowatt-
hours *.
Each kilowatt-hour between 50 0.12.............. 0.1387.
and 500 *.
All additional kilowatt-hours *. 0.09.............. 0.1387.
Purchased power cost adjustment 0.031............. 0.00.
per kilowatt-hour [supcaret].
------------------------------------------------------------------------
Small Commercial
------------------------------------------------------------------------
Minimum monthly charge per bill-- 20.00............. 26.55.
includes up to 50 kilowatt-
hours *.
Each kilowatt-hour between 50 0.13.............. 0.1412.
and 950 *.
Each kilowatt-hour between 950 0.08.............. 0.1412.
and 9,000 *.
Each kilowatt-hour over 9,000 *. 0.06.............. 0.1412.
Demand charge per kilowatt...... 2.00.............. 2.00.
Purchased power cost adjustment 0.031............. 0.00.
per kilowatt-hour [supcaret].
------------------------------------------------------------------------
Large Commercial
------------------------------------------------------------------------
Minimum monthly charge per bill-- 50.00............. 55.00.
includes up to 500 kilowatt-
hours *.
Each kilowatt-hour between 500 0.095............. 0.101.
and 10,000 *.
Each kilowatt-hour over 10,000 * 0.065............. 0.101.
Demand charge per kilowatt *.... 3.00.............. 9.15.
Purchased power cost adjustment 0.031............. 0.00.
per kilowatt-hour [supcaret].
------------------------------------------------------------------------
Industrial
------------------------------------------------------------------------
Minimum monthly charge per bill. 250.00............ 250.00.
Each kilowatt-hour *............ 0.05.............. 0.0873.
Demand charge per kilowatt *.... 7.00.............. 11.29.
Purchased power cost adjustment 0.031............. 0.00.
per kilowatt-hour [supcaret].
------------------------------------------------------------------------
Dusk-to-Dawn Lighting (see note #1)
------------------------------------------------------------------------
Monthly charge for 150 watt 17.00 first light, 17.00 per light.
lights *. $15.40 next 4
lights, $13.75
six or more
lights.
Monthly charge for 250 watt 20.85 first light, 20.85 per light.
lights *. $19.00 next 4
lights, $16.35
six or more
lights.
Monthly charge for 400 watt 27.72 first light, No longer
lights *. $24.27 next 4 available.
lights, $20.85
six or more
lights.
------------------------------------------------------------------------
Commercial Pumps
------------------------------------------------------------------------
Minimum monthly charge per bill 25.00............. 29.69.
*.
Each kilowatt-hour *............ 0.039............. 0.0815.
Demand charge per kilowatt *.... 2.40.............. 4.25.
Purchased power cost adjustment 0.031............. 0.00.
per kilowatt-hour [supcaret].
------------------------------------------------------------------------
Irrigation Project Pumps (see note #2)
------------------------------------------------------------------------
Each kilowatt-hour *............ 0.035............. 0.05794.
------------------------------------------------------------------------
* Notes rate categories adjusted.
Note #1. The Dusk-to-Dawn Lighting rate applies to existing and
unmetered lights.
Note #2. The Irrigation Project Pumps rate has two components. The first
rate component is SCIP/PD's direct cost of transmission, distribution,
and administration; the final 2023 rate is $0.03183 per kilowatt-hour.
The second rate component is SCIP/PD's direct cost of purchased power;
this is $.02611 per kilowatt-hour. We are required to use our least
expensive source of power available, which is currently our Parker-
Davis Project power supply. The Parker-Davis Project power rate is
established annually by Western Area Power Administration.
[supcaret] The present electric rates listed in the rate table in the
Federal Register on February 10, 2022 (87 FR 7863) did not list the
purchased power cost adjustment implemented in September 2021. To
minimize confusion, the present rates in this notice's rate table have
been revised to reflect the 2021 purchased power cost adjustment.
Because changes to purchased power cost adjustments are unforeseen,
not under our control, determined by current market rates, and subject
to market fluctuations that can occur at an undetermined time and
frequency, purchased power cost adjustments are not included in the
procedure for adjusting electric power rates.
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
notice under the Department's consultation policy and under the
criteria of Executive Order 13175 and have determined there to be
substantial direct effects on federally recognized Tribes because SCIP/
PD is located on or associated with Indian reservations. To fulfill its
consultation responsibility to Tribes and Tribal organizations, BIA
communicates, coordinates, and consults on a continuing basis with
these entities on issues of electric power delivery, electric power
availability, and costs of administration, operation, maintenance, and
construction of our utilities that concern them. This is accomplished
at the individual power utility by utility, agency, and regional
representatives, as
[[Page 77633]]
appropriate, in accordance with local protocol and procedures. This
notice is one component of our overall coordination and consultation
process to provide notice to, and request comments from, these entities
when we adjust electric power rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
These rate adjustments are not a significant energy action under
the definition in Executive Order 13211. A Statement of Energy Effects
is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, the Department has taken
the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct as required by section 3 of Executive Order 12988.
Regulatory Planning and Review (Executive Order 12866)
These rate adjustments are not a significant regulatory action and
do not need to be reviewed by the Office of Management and Budget under
Executive Order 12866.
Regulatory Flexibility Act
These rate adjustments are not a rule for the purposes of the
Regulatory Flexibility Act because they establish ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).
Unfunded Mandates Reform Act of 1995
These rate adjustments do not impose an unfunded mandate on state,
local, or Tribal governments in the aggregate, or on the private
sector, of more than $130 million per year. They do not have a
significant or unique effect on State, local, or Tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Takings (Executive Order 12630)
These rate adjustments do not affect a taking of private property
or otherwise have ``takings'' implications under Executive Order 12630.
The rate adjustments do not deprive the public, State, or local
governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
rate adjustments do not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement
because they will not affect the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. A federalism
summary impact statement is not required.
National Environmental Policy Act
The Department has determined that these rate adjustments do not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
under the National Environmental Policy Act of 1969, 42 U.S.C. 4321-
4370(d), pursuant to 43 CFR 46.210(i). In addition, the rate
adjustments do not present any of the 12 extraordinary circumstances
listed at 43 CFR 46.215.
Paperwork Reduction Act of 1995
These rate adjustments do not affect the collections of information
which have been approved by the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995. The OMB Control Number is 1076-0021 and expires
December 31, 2022.
Unfunded Mandates Reform Act of 1995
These rate adjustments do not impose an unfunded mandate on state,
local, or Tribal governments in the aggregate, or on the private
sector, of more than $130 million per year. They do not have a
significant or unique effect on State, local, or Tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2022-27473 Filed 12-16-22; 8:45 am]
BILLING CODE 4337-15-P
