Proposed Power Marketing Policy, Public Forum, and Opportunities for Public Review and Comment for the Jim Woodruff System Project, 20879-20882 [2023-07379]
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Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Notices
Description: § 205(d) Rate Filing:
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filing per 35.13(a)(2)(i): Attachment S
(GPCO) 2023 Updated Depreciation
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Description: Alberta Investment
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Accession Number: 20230331–5597.
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Dated: April 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–07339 Filed 4–6–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Southeastern Power Administration
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Proposed Power Marketing Policy,
Public Forum, and Opportunities for
Public Review and Comment for the
Jim Woodruff System Project
Southeastern Power
Administration, DOE.
ACTION: Notice of proposed power
marketing policy.
AGENCY:
Southeastern Power
Administration (Southeastern) proposes
a Power Marketing Policy for the Jim
SUMMARY:
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Woodruff System Project pursuant to
Notice published in the Federal
Register of August 5, 2022, and in
accordance with Procedure for Public
Participation in the Formulation of
Marketing Policy published July 6,
1978. The proposed power marketing
policy will be implemented through
contracts for terms not to exceed 10
years. Additionally, opportunities will
be available for interested persons to
review the proposed Power Marketing
Policy, to participate in a public forum
and to submit additional written
comments. Southeastern will evaluate
all comments received in this process.
DATES: Written comments are due on or
before June 23, 2023. A public
information and comment forum will be
held via a virtual web based meeting to
allow maximum participation June 8,
2023. Persons desiring to attend the
forum should notify Southeastern by
June 1, 2023, so a list of forum
participants can be prepared. Persons
desiring to speak at the forum should
specify this in their notification to
Southeastern; others may speak if time
permits. Notifications should be
submitted by email to Comments@
sepa.doe.gov. If Southeastern has not
been notified by close of business on
June 1, 2023, that at least one person
intends to be present at the forum, the
forum may be canceled with no further
notice.
ADDRESSES: Written comments should
be submitted to: Administrator,
Southeastern Power Administration,
Department of Energy, 1166 Athens
Tech Road, Elberton, Georgia 30635–
6711; Email: Comments@sepa.doe.gov.
The public information and comment
forum for the Jim Woodruff System
Project will take place via a virtual web
based meeting.
FOR FURTHER INFORMATION CONTACT:
Carter Edge, Assistant Administrator for
Finance and Marketing, Southeastern
Power Administration, Department of
Energy, 1166 Athens Tech Road,
Elberton, Georgia 30635, (706) 213–
3800; Email: carter.edge@sepa.doe.gov.
SUPPLEMENTARY INFORMATION: Notice of
intent to create a marketing policy for
future disposition of power from the Jim
Woodruff System was published in the
Federal Register August 5, 2022 (87 FR
48016). The notice advised interested
parties to provide comments and
proposals in formulating the proposed
marketing policy. Comments and
proposals were accepted through
October 4, 2022. Comments were
received from two interested parties.
Written comments were received from
Seminole Electric Cooperative, Inc. and
Southeastern Federal Power Customers,
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20879
Inc. (SeFPC) are summarized below.
Southeastern’s responses are also
provided.
Comment 1: Seminole Electric
Cooperative, Inc. is interested in
receiving allocation of power and
energy generated at Jim Woodruff Lock
and Dam, if such power were deemed
available.
Response 1: Southeastern does not
expect any additional power or energy
to be available to be allocated.
Southeastern has included a mechanism
in the proposed policy to allow power
and energy to be allocated should any
become available in the future.
Comment 2: SeFPC encourages
Southeastern to follow the statutory
guidance in the Flood Control Act of
1944, 16 U.S.C. 825s, to market the
output of the Jim Woodruff Project to
eligible ‘‘preference customers.’’
Response 2: Southeastern will follow
the guidance in the Flood Control Act
of 1944.
Comment 3: SeFPC encourages the
marketing plan include the following
important components:
1. Limiting the marketing plan to the
Jim Woodruff Project. SEPA has
previously rejected calls to create an
integrated marketing area for all power
available from Corps multipurpose
projects in the Southeast. This approach
should be followed with the marketing
plan for the Jim Woodruff Project.
2. Extend allocations to preference
customers with existing contracts. In
revising marketing plans for the
Georgia-Alabama-South Carolina system
of projects, SEPA offered allocations to
existing customers.
3. Refrain from allocating the output
of the Jim Woodruff project on a pro rata
basis to all potential preference
customers. Although the Flood Control
Act of 1944 calls for allocations to
promote ‘‘widespread use,’’ SEPA has
previously reconciled that responsibility
with the obligation to allocate power
consistent with sound business
principles. In this context, SEPA must
recognize that the limited output of the
Jim Woodruff Project requires
allocations that provide a meaningful
rather than marginal benefit.
Response 3: Jim Woodruff could be
integrated financially, hydraulically and
electrically with the GA–AL–SC System
of projects to provide back stand service
to this single-project, run-of-the-river
system. Preliminary discussions with
the transmission provider indicate a
70% increase in the amount of
purchased power costs passed through
to the customer each month without
integration under the Open Access
Transmission Tariff. However,
delivering federal hydropower at the
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Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Notices
project busbar and providing a pro rata
reduction in energy deliveries in lieu of
replacement power is being proposed as
a solution to maintain the Jim Woodruff
system financially, electrically, and
hydraulically independent of any other
Southeastern system.
Southeastern does not expect any
additional power or energy to be
available to be allocated. Southeastern
has included a mechanism in the
proposed policy to allow power and
energy to allocated should any become
available in the future. Southeastern has
historically determined a meaningful
level to be 500kW.
Comment 4: SeFPC notes
Southeastern may look to adopt
marketing criteria used by the Western
Area Power Administration (‘‘WAPA’’)
in recent marketing plans to determine
allocations of power from projects
within the WAPA marketing area. In
recent marketing plans, WAPA included
criteria requiring an allottee to have
utility status and be ‘‘ready willing and
able’’ to utilize the allocation of power.
This approach has promoted
widespread use of preference power and
ensured that the benefits of an
allocation of power are provided to
entities that may need to address legal
impediments prior to using an
allocation.
Response 4: Southeastern defers to the
opinion of US Attorney General, Herbert
Brownell, Jr. at 41 Op. Att’y Gen.236
(1955) regarding the criteria for
preference eligible customers.
Comment 5: SeFPC supports the
development of a marketing policy that
incorporates equitable considerations in
the allocation of power. Here, the
Administrator should give consideration
to the financial contribution that
existing customers have made in
repaying the Federal debt associated
with the Jim Woodruff Project.
Response 5: Southeastern values the
long-standing relationship it has with its
Capacity
(kw)
Name
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Jim Woodruff Lock and Dam ........................................
This Power Marketing Policy for
electric power and energy not required
in the operation of Jim Woodruff Lock
and Dam will replace the arrangements
in the contract between Duke Energy
Florida and Southeastern Power
Administration (Southeastern) dated
July 19, 1957 (Rate Schedule No. 65),
which provided for a fair and reasonable
arrangement for the circumstances
prevailing at the time the power was
sold. Arrangements for the sale,
purchase, wheeling and firming of
power from the Jim Woodruff Lock and
Dam will be implemented as soon as
contract revisions pursuant to this
policy can be negotiated.
The Final Marketing Policy will be
implemented through contracts for
terms not to exceed 10 years.
Deliveries will be made at the project
bus bar. The project will be
hydraulically, electrically, and
financially integrated as a single project
system and will be operated to make
maximum contribution to the respective
utility areas. Preference in the sale of
the power will be given to public bodies
and cooperatives.
Marketing Area: Southeastern’s
marketing area shall be the entire state
of Florida. The marketing area contains
52 eligible public bodies and
cooperatives, as listed on Appendix A
attached hereto.
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36,000
Average
energy
(MWh)
193,530
Energy attribute
Renewable Energy Certificate.
Allocations of Power: It is
Southeastern’s goal to allocate all
available and usable system power (that
power remaining after provision for
reserves and losses) to preference
customers.
As to the power sold to the existing
preference customers prior to contracts
executed to implement this policy, each
existing preference customer within the
Duke Energy Florida service area will
continue with its allocated share of the
marketed capacity and resulting pro-rata
share of the associated energy. Current
capacity allocations are summarized
below:
Talquin Elec. Coop. 13,500 kW
City of Quincy 8,400 kW
Tri County Elec Coop 5,200 kW
Suwannee Valley Elec Coop 4,800 kW
Central Florida Elec Coop 2,300 kW
City of Chattahoochee 1,800 kW
Southeastern does not expect any
additional capacity or energy to be
marketable from the project in the
foreseeable future. However, both
existing and preference-eligible
customers will be eligible to share
equitably in any capacity remaining
after reductions for reserves, losses or
capacity and energy relinquished by
existing customers. Allocations of any
newly available power and energy to a
particular preference customer will be
based on the relationship of such
customer’s maximum 2020 demand to
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customers and recognizes the $42.183M
Cumulative Repayment and $1.45M
allocated to Customer Funding provided
through their payments for federal
hydropower. The Total Remaining
Investment of $43.358M represents a
commitment to continue providing
clean, carbon-free, cost-based power to
our customers.
Comment 6: SeFPC encourages
Southeastern to adopt each proposed
component outlined above in the
marketing policy for the Jim Woodruff
Project.
Response 6: Southeastern has duly
considered each proposal and has either
adopted or rejected and provided
rationale for each in developing the
draft marketing policy for the Jim
Woodruff Project.
General: The project and power
products subject to this policy are:
Project:
Sfmt 4703
the sum of the 2020 maximum demands
of all preference customers sharing such
power so long as such customer demand
is expected to be and will be treated
hereunder in each month as not less
than 500 kilowatts. Southeastern
recognizes that West Florida Electric
Cooperative Association Incorporated
was previously included in Jim
Woodruff allocations but is now served
by Southeastern’s GA–AL–SC system.
For allocation purposes, they will be
treated as if they are a preferenceeligible customer.
There will be times when hydraulic
conditions reduce the operating head or
the available streamflow of the project
and not all the allocated capacity can be
made available. The power available
from the project shall be reduced, prorata based on project capability.
Renewable Energy Certificates (RECs):
Southeastern has included a process for
REC distribution in this marketing
policy. The REC distribution process
will not impact power allocation within
the System marketing area.
The M–RETS Tracking System creates
and tracks certificates reporting
generation attributes, by generating unit,
for each megawatt-hour (MWh) of
energy produced by registered
generators. The System project is
registered within M–RETS. The RECs
potentially satisfy Renewable Portfolio
Standards, state policies, and other
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regulatory or voluntary clean energy
standards in a number of states.
Southeastern has subscribed to M–RETS
and has an account in which RECs are
collected and tracked for each MWh of
energy produced from the System.
Within M–RETS, certificates can be
transferred to other M–RETS subscribers
or to a third-party tracking system. M–
RETS creates a REC for every MWh of
renewable energy produced, tracks the
life cycle of each REC created, and
ensures against any double counting or
double-use of each REC.
REC Distribution: M–RETS (or a
successor application) will be the
transfer mechanism for all RECs related
to the System. Southeastern shall
maintain an account with M–RETS and
collect RECs from the generation at the
System project. Southeastern will verify
the total amount of RECs each month.
Preference Customers with an allocation
of power from the System are eligible to
receive RECs by transfer from
Southeastern’s M–RETS account to their
M–RETS account or that of their agent.
Transfers to each customer will be based
on the customer’s monthly invoices
during the same three-month period
(quarter). All RECs distributed by
Southeastern shall be transferred within
forty-five days of the end of a quarter.
Each customer must submit to
Southeastern, by the tenth business day
after the quarter, any notice of change to
M–RETS account or agent. Any REC
transfers that were not claimed, or if a
transfer account was not provided to
Southeastern, will be forfeited if they
become nontransferable as described in
the M–RETS terms of service,
procedures, policies, or definitions of
reporting and trading periods, or any
subsequent rules and procedures for
transfers as established. The initial
transfer process in M–RETS will be
accomplished by the sixtieth day after
the end of the first completed quarter
subsequent to publication of the final
policy.
Any balance of RECs that exist in
Southeastern’s M–RETS account, other
than the first quarter after policy
revision publication, may also be
transferred to Preference Customers
according to the customer’s invoiced
energy at the time of the REC creation.
Rates: No rates shall be established by
Southeastern for RECs transferred to
Preference Customers. Any cost to
Southeastern, such as the M–RETS
subscription, will be incorporated into
marketing costs and included in
recovery through the energy and
capacity rates of the System.
Utilization at Utility Systems: In the
absence of transmission facilities of its
own, Southeastern may use area
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generation and transmission systems as
may be necessary to dispose of system
power under reasonable and acceptable
marketing arrangements. Utility systems
providing such services shall be entitled
to adequate compensation.
Wholesale Rates: Rate schedules shall
be drawn to recover all costs associated
with producing and transmitting the
power in accordance with then current
repayment criteria. Production costs
will be determined on a system basis
and rate schedules will be related to the
integrated output of the project. Rates
schedules may be revised periodically.
Resale Rates: Resale rate provisions
requiring the benefits of Southeastern’s
power to be passed on to the ultimate
consumer will be included in each
customer contract with Southeastern
which provides for Southeastern to
supply more than 25 percent of the
customers’ total power requirements
during the term of the contract.
Conservation Measures: Each
customer purchasing Southeastern’s
power shall agree to take reasonable
measures to encourage the conservation
of energy by ultimate consumers.
Appendix A: Preference-eligible
customers
2020 Peak
Load MW
Municipals
Alachua .................................
Bartow ...................................
Blountstown ..........................
Bushnell ................................
Chattahoochee .....................
Clewiston ..............................
Fort Meade ...........................
Fort Pierce ............................
Gainesville ............................
Green Cove Springs .............
Havana .................................
Homestead Energy Services
JEA formerly Jacksonville
Electric Authority ...............
Jacksonville Beach dba
Beaches Energy Services
Keys Energy Services formerly Key West .................
Kissimmee ............................
Lake Worth Beach ................
Lakeland Electric ..................
Leesburg ...............................
Moore Haven ........................
Mount Dora ...........................
New Smyrna Beach ..............
Newberry ..............................
Ocala ....................................
Orlando .................................
Quincy ...................................
Reedy Creek Utilities ............
St. Cloud ...............................
Starke ...................................
Tallahassee ..........................
Vero Beach ...........................
Wauchula ..............................
Williston ................................
Winter Park ...........................
PO 00000
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28
60
8
6
6
22
10
113
410
24
7
115
2,658
168
145
374
96
667
118
4
23
105
9
314
1,294
28
166
186
16
616
180
14
8
94
Cooperatives
Central Florida Electric Cooperative ...........................
Choctawhatchee Electric Cooperative (CHELCO) .........
Clay Electric Cooperative .....
Escambia River Electric Cooperative ...........................
Glades Electric Cooperative
Gulf Coast Electric Cooperative .....................................
Lee County Electric Cooperative ...................................
Okefenoke Electric Cooperative .....................................
Peace River Electric Cooperative ...................................
PowerSouth Energy Cooperative (G&T) ........................
SECO Energy (Sumter Electric Coop) ..........................
Suwannee Valley Electric
Cooperative .......................
Talquin Electric Cooperative
Tri-County Electric Cooperative .....................................
West Florida Electric Cooperative ...............................
Withlacoochee Electric Cooperative ...........................
Florida Keys Electric Cooperative ...................................
Seminole Electric Cooperative (G&T) ..........................
20881
2020 Peak
Load MW
131
219
788
43
60
86
970
178
205
2,027
865
119
213
60
123
1,002
156
3,409
Legal Authority
The policy is developed under
authority of section 5 of the Flood
Control Act of 1944, 16 U.S.C. 825s, and
section 302(a) of the Department of
Energy Organization Act of 1977, 42
U.S.C. 7152. This power marketing
policy was developed in accordance
with the Procedure for Public
Participation in the Formulation of
Marketing Policy published July 6,
1978, 43 FR 29186.
Environmental Impact
Southeastern has determined this
action fits within the following
categorical exclusions listed in
appendix B to subpart D of 10 CFR part
1021: B4.1 (Contracts, policies, and
marketing and allocation plans for
electric power). Categorically excluded
projects and activities do not require
preparation of either an environmental
impact statement or an environmental
assessment.
Determination Under Executive Order
12866
Southeastern has an exemption from
centralized regulatory review under
Executive Order 12866; accordingly, no
clearance of this notice by the Office of
Management and Budget is required.
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Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Notices
Signing Authority
This document of the Department of
Energy was signed on March 31, 2023,
by Virgil G. Hobbs III, Administrator for
Southeastern Power Administration,
pursuant to delegated authority from the
Secretary of Energy. That document,
with the original signature and date, is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on April 4,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2023–07379 Filed 4–6–23; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL 10813–01–OAR]
Transfer of Information Claimed as
Confidential Business Information to
the United States Department of
Energy/Argonne National Laboratory
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces that
information submitted to EPA’s Office
of Air and Radiation (OAR) pursuant to
the Clean Air Act (CAA), including
information that may have been claimed
as Confidential Business Information
(CBI) by the submitter, will be
transferred to Argonne National
Laboratory (ANL)/Department of Energy
(DOE). ANL/DOE have been awarded a
contract to perform work for OAR, and
access to this information will enable
ANL/DOE to fulfill the obligations of the
contract.
DATES: Access by ANL/DOE to material,
including CBI, discussed in this Notice,
is ongoing and expected to continue
beginning April 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Aaron Sobel, Transportation and
Climate Division, Office of
Transportation and Air Quality (OTAQ),
Office of Air and Radiation (OAR)
(5512S); telephone number: 202–564–
0543; fax number: 202–343–2801; email
address: sobel.aaron@epa.gov.
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SUMMARY:
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The
Environmental Protection Agency (EPA)
is providing notice of disclosure
pursuant to 40 CFR 2.209(c). Under
Contract No. DW–089–92568801–0,
ANL/DOE will perform lifecycle
analysis modeling with the Greenhouse
gases, Regulated Emissions, and Energy
use in Technologies (GREET) Model.
OTAQ has determined that access by
ANL/DOE to information is necessary
for the performance of this contract.
EPA conducts lifecycle greenhouse gas
analysis of biofuel pathways in support
of implementing the Renewable Fuel
Standards (RFS) program under section
211(o) of the Clean Air Act. This
includes reviewing petitions submitted
pursuant to 40 CFR 80.1416, some of
which include data claimed as
confidential business information. To
evaluate these pathway petitions, EPA
intends to provide data critical to
evaluating the lifecycle greenhouse gas
emissions associated with these biofuel
pathway petitions to ANL/DOE.
Examples of the type of information to
be shared include agricultural practice
data such as crop yields and nutrient
input data, anticipated biofuel facility
operational data such as energy sources
and amounts used for processing
feedstocks into fuels, and detailed
descriptions of these processes to help
practitioners understand the overall
biofuel pathways being proposed by
stakeholders. Some of this information
may be entitled to confidential
treatment. The information has been
submitted to EPA under section 211(o)
of the Clean Air Act.
Records of information provided to
ANL/DOE will be maintained by EPA
Project Officers for this contract. All
information supplied to ANL/DOE by
EPA for use in connection with this
contract will be returned to EPA when
ANL/DOE have completed their work.
SUPPLEMENTARY INFORMATION:
Dated: April 3, 2023.
Karl Simon,
Director, Transportation and Climate
Division.
[FR Doc. 2023–07295 Filed 4–6–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2017–0751; FRL–10860–01–
OCSPP]
Pesticide Registration Review;
Decisions and Case Closures for
Several Pesticides; Notice of
Availability
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Notice.
This notice announces the
availability of EPA’s the closure of the
registration review cases for irgarol,
oregano oil, and tagetes oils (formerly
flower oils case), because the last U.S.
registrations for these pesticides have
been canceled.
ADDRESSES: The docket for this action,
identified under docket identification
(ID) number EPA–HQ–OPP–2017–0751,
is available online at https://
www.regulations.gov. Additional
instructions on visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For pesticide specific information,
contact: The Chemical Review Manager
for the pesticide of interest identified in
Table 1 in Unit IV.
For general information on the
registration review program, contact:
Melanie Biscoe, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; email
address: biscoe.melanie@epa.gov;
phone, (202) 566–0701.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
Does this action apply to me?
This action is directed to the public
in general and may be of interest to a
wide range of stakeholders including
environmental, human health, farm
worker, and agricultural advocates; the
chemical industry; pesticide users; and
members of the public interested in the
sale, distribution, or use of pesticides.
Since others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
pesticide specific contact person listed
under FOR FURTHER INFORMATION
CONTACT: For pesticide specific
information, contact: The Chemical
Review Manager for the pesticide of
interest identified in Table 1 in Unit IV.
II. Background
Registration review is EPA’s periodic
review of pesticide registrations to
ensure that each pesticide continues to
satisfy the statutory standard for
registration, that is, the pesticide can
perform its intended function without
unreasonable adverse effects on human
health or the environment. As part of
the registration review process, the
Agency has completed case closures for
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]]>Agencies
[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20879-20882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07379]
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DEPARTMENT OF ENERGY
Southeastern Power Administration
Proposed Power Marketing Policy, Public Forum, and Opportunities
for Public Review and Comment for the Jim Woodruff System Project
AGENCY: Southeastern Power Administration, DOE.
ACTION: Notice of proposed power marketing policy.
-----------------------------------------------------------------------
SUMMARY: Southeastern Power Administration (Southeastern) proposes a
Power Marketing Policy for the Jim Woodruff System Project pursuant to
Notice published in the Federal Register of August 5, 2022, and in
accordance with Procedure for Public Participation in the Formulation
of Marketing Policy published July 6, 1978. The proposed power
marketing policy will be implemented through contracts for terms not to
exceed 10 years. Additionally, opportunities will be available for
interested persons to review the proposed Power Marketing Policy, to
participate in a public forum and to submit additional written
comments. Southeastern will evaluate all comments received in this
process.
DATES: Written comments are due on or before June 23, 2023. A public
information and comment forum will be held via a virtual web based
meeting to allow maximum participation June 8, 2023. Persons desiring
to attend the forum should notify Southeastern by June 1, 2023, so a
list of forum participants can be prepared. Persons desiring to speak
at the forum should specify this in their notification to Southeastern;
others may speak if time permits. Notifications should be submitted by
email to [email protected]. If Southeastern has not been notified
by close of business on June 1, 2023, that at least one person intends
to be present at the forum, the forum may be canceled with no further
notice.
ADDRESSES: Written comments should be submitted to: Administrator,
Southeastern Power Administration, Department of Energy, 1166 Athens
Tech Road, Elberton, Georgia 30635-6711; Email: [email protected].
The public information and comment forum for the Jim Woodruff System
Project will take place via a virtual web based meeting.
FOR FURTHER INFORMATION CONTACT: Carter Edge, Assistant Administrator
for Finance and Marketing, Southeastern Power Administration,
Department of Energy, 1166 Athens Tech Road, Elberton, Georgia 30635,
(706) 213-3800; Email: [email protected].
SUPPLEMENTARY INFORMATION: Notice of intent to create a marketing
policy for future disposition of power from the Jim Woodruff System was
published in the Federal Register August 5, 2022 (87 FR 48016). The
notice advised interested parties to provide comments and proposals in
formulating the proposed marketing policy. Comments and proposals were
accepted through October 4, 2022. Comments were received from two
interested parties.
Written comments were received from Seminole Electric Cooperative,
Inc. and Southeastern Federal Power Customers, Inc. (SeFPC) are
summarized below. Southeastern's responses are also provided.
Comment 1: Seminole Electric Cooperative, Inc. is interested in
receiving allocation of power and energy generated at Jim Woodruff Lock
and Dam, if such power were deemed available.
Response 1: Southeastern does not expect any additional power or
energy to be available to be allocated. Southeastern has included a
mechanism in the proposed policy to allow power and energy to be
allocated should any become available in the future.
Comment 2: SeFPC encourages Southeastern to follow the statutory
guidance in the Flood Control Act of 1944, 16 U.S.C. 825s, to market
the output of the Jim Woodruff Project to eligible ``preference
customers.''
Response 2: Southeastern will follow the guidance in the Flood
Control Act of 1944.
Comment 3: SeFPC encourages the marketing plan include the
following important components:
1. Limiting the marketing plan to the Jim Woodruff Project. SEPA
has previously rejected calls to create an integrated marketing area
for all power available from Corps multipurpose projects in the
Southeast. This approach should be followed with the marketing plan for
the Jim Woodruff Project.
2. Extend allocations to preference customers with existing
contracts. In revising marketing plans for the Georgia-Alabama-South
Carolina system of projects, SEPA offered allocations to existing
customers.
3. Refrain from allocating the output of the Jim Woodruff project
on a pro rata basis to all potential preference customers. Although the
Flood Control Act of 1944 calls for allocations to promote ``widespread
use,'' SEPA has previously reconciled that responsibility with the
obligation to allocate power consistent with sound business principles.
In this context, SEPA must recognize that the limited output of the Jim
Woodruff Project requires allocations that provide a meaningful rather
than marginal benefit.
Response 3: Jim Woodruff could be integrated financially,
hydraulically and electrically with the GA-AL-SC System of projects to
provide back stand service to this single-project, run-of-the-river
system. Preliminary discussions with the transmission provider indicate
a 70% increase in the amount of purchased power costs passed through to
the customer each month without integration under the Open Access
Transmission Tariff. However, delivering federal hydropower at the
[[Page 20880]]
project busbar and providing a pro rata reduction in energy deliveries
in lieu of replacement power is being proposed as a solution to
maintain the Jim Woodruff system financially, electrically, and
hydraulically independent of any other Southeastern system.
Southeastern does not expect any additional power or energy to be
available to be allocated. Southeastern has included a mechanism in the
proposed policy to allow power and energy to allocated should any
become available in the future. Southeastern has historically
determined a meaningful level to be 500kW.
Comment 4: SeFPC notes Southeastern may look to adopt marketing
criteria used by the Western Area Power Administration (``WAPA'') in
recent marketing plans to determine allocations of power from projects
within the WAPA marketing area. In recent marketing plans, WAPA
included criteria requiring an allottee to have utility status and be
``ready willing and able'' to utilize the allocation of power. This
approach has promoted widespread use of preference power and ensured
that the benefits of an allocation of power are provided to entities
that may need to address legal impediments prior to using an
allocation.
Response 4: Southeastern defers to the opinion of US Attorney
General, Herbert Brownell, Jr. at 41 Op. Att'y Gen.236 (1955) regarding
the criteria for preference eligible customers.
Comment 5: SeFPC supports the development of a marketing policy
that incorporates equitable considerations in the allocation of power.
Here, the Administrator should give consideration to the financial
contribution that existing customers have made in repaying the Federal
debt associated with the Jim Woodruff Project.
Response 5: Southeastern values the long-standing relationship it
has with its customers and recognizes the $42.183M Cumulative Repayment
and $1.45M allocated to Customer Funding provided through their
payments for federal hydropower. The Total Remaining Investment of
$43.358M represents a commitment to continue providing clean, carbon-
free, cost-based power to our customers.
Comment 6: SeFPC encourages Southeastern to adopt each proposed
component outlined above in the marketing policy for the Jim Woodruff
Project.
Response 6: Southeastern has duly considered each proposal and has
either adopted or rejected and provided rationale for each in
developing the draft marketing policy for the Jim Woodruff Project.
General: The project and power products subject to this policy are:
Project:
----------------------------------------------------------------------------------------------------------------
Average
Name Capacity (kw) energy (MWh) Energy attribute
----------------------------------------------------------------------------------------------------------------
Jim Woodruff Lock and Dam..................... 36,000 193,530 Renewable Energy Certificate.
----------------------------------------------------------------------------------------------------------------
This Power Marketing Policy for electric power and energy not
required in the operation of Jim Woodruff Lock and Dam will replace the
arrangements in the contract between Duke Energy Florida and
Southeastern Power Administration (Southeastern) dated July 19, 1957
(Rate Schedule No. 65), which provided for a fair and reasonable
arrangement for the circumstances prevailing at the time the power was
sold. Arrangements for the sale, purchase, wheeling and firming of
power from the Jim Woodruff Lock and Dam will be implemented as soon as
contract revisions pursuant to this policy can be negotiated.
The Final Marketing Policy will be implemented through contracts
for terms not to exceed 10 years.
Deliveries will be made at the project bus bar. The project will be
hydraulically, electrically, and financially integrated as a single
project system and will be operated to make maximum contribution to the
respective utility areas. Preference in the sale of the power will be
given to public bodies and cooperatives.
Marketing Area: Southeastern's marketing area shall be the entire
state of Florida. The marketing area contains 52 eligible public bodies
and cooperatives, as listed on Appendix A attached hereto.
Allocations of Power: It is Southeastern's goal to allocate all
available and usable system power (that power remaining after provision
for reserves and losses) to preference customers.
As to the power sold to the existing preference customers prior to
contracts executed to implement this policy, each existing preference
customer within the Duke Energy Florida service area will continue with
its allocated share of the marketed capacity and resulting pro-rata
share of the associated energy. Current capacity allocations are
summarized below:
Talquin Elec. Coop. 13,500 kW
City of Quincy 8,400 kW
Tri County Elec Coop 5,200 kW
Suwannee Valley Elec Coop 4,800 kW
Central Florida Elec Coop 2,300 kW
City of Chattahoochee 1,800 kW
Southeastern does not expect any additional capacity or energy to
be marketable from the project in the foreseeable future. However, both
existing and preference-eligible customers will be eligible to share
equitably in any capacity remaining after reductions for reserves,
losses or capacity and energy relinquished by existing customers.
Allocations of any newly available power and energy to a particular
preference customer will be based on the relationship of such
customer's maximum 2020 demand to the sum of the 2020 maximum demands
of all preference customers sharing such power so long as such customer
demand is expected to be and will be treated hereunder in each month as
not less than 500 kilowatts. Southeastern recognizes that West Florida
Electric Cooperative Association Incorporated was previously included
in Jim Woodruff allocations but is now served by Southeastern's GA-AL-
SC system. For allocation purposes, they will be treated as if they are
a preference-eligible customer.
There will be times when hydraulic conditions reduce the operating
head or the available streamflow of the project and not all the
allocated capacity can be made available. The power available from the
project shall be reduced, pro-rata based on project capability.
Renewable Energy Certificates (RECs): Southeastern has included a
process for REC distribution in this marketing policy. The REC
distribution process will not impact power allocation within the System
marketing area.
The M-RETS Tracking System creates and tracks certificates
reporting generation attributes, by generating unit, for each megawatt-
hour (MWh) of energy produced by registered generators. The System
project is registered within M-RETS. The RECs potentially satisfy
Renewable Portfolio Standards, state policies, and other
[[Page 20881]]
regulatory or voluntary clean energy standards in a number of states.
Southeastern has subscribed to M-RETS and has an account in which RECs
are collected and tracked for each MWh of energy produced from the
System. Within M-RETS, certificates can be transferred to other M-RETS
subscribers or to a third-party tracking system. M-RETS creates a REC
for every MWh of renewable energy produced, tracks the life cycle of
each REC created, and ensures against any double counting or double-use
of each REC.
REC Distribution: M-RETS (or a successor application) will be the
transfer mechanism for all RECs related to the System. Southeastern
shall maintain an account with M-RETS and collect RECs from the
generation at the System project. Southeastern will verify the total
amount of RECs each month. Preference Customers with an allocation of
power from the System are eligible to receive RECs by transfer from
Southeastern's M-RETS account to their M-RETS account or that of their
agent. Transfers to each customer will be based on the customer's
monthly invoices during the same three-month period (quarter). All RECs
distributed by Southeastern shall be transferred within forty-five days
of the end of a quarter. Each customer must submit to Southeastern, by
the tenth business day after the quarter, any notice of change to M-
RETS account or agent. Any REC transfers that were not claimed, or if a
transfer account was not provided to Southeastern, will be forfeited if
they become nontransferable as described in the M-RETS terms of
service, procedures, policies, or definitions of reporting and trading
periods, or any subsequent rules and procedures for transfers as
established. The initial transfer process in M-RETS will be
accomplished by the sixtieth day after the end of the first completed
quarter subsequent to publication of the final policy.
Any balance of RECs that exist in Southeastern's M-RETS account,
other than the first quarter after policy revision publication, may
also be transferred to Preference Customers according to the customer's
invoiced energy at the time of the REC creation.
Rates: No rates shall be established by Southeastern for RECs
transferred to Preference Customers. Any cost to Southeastern, such as
the M-RETS subscription, will be incorporated into marketing costs and
included in recovery through the energy and capacity rates of the
System.
Utilization at Utility Systems: In the absence of transmission
facilities of its own, Southeastern may use area generation and
transmission systems as may be necessary to dispose of system power
under reasonable and acceptable marketing arrangements. Utility systems
providing such services shall be entitled to adequate compensation.
Wholesale Rates: Rate schedules shall be drawn to recover all costs
associated with producing and transmitting the power in accordance with
then current repayment criteria. Production costs will be determined on
a system basis and rate schedules will be related to the integrated
output of the project. Rates schedules may be revised periodically.
Resale Rates: Resale rate provisions requiring the benefits of
Southeastern's power to be passed on to the ultimate consumer will be
included in each customer contract with Southeastern which provides for
Southeastern to supply more than 25 percent of the customers' total
power requirements during the term of the contract.
Conservation Measures: Each customer purchasing Southeastern's
power shall agree to take reasonable measures to encourage the
conservation of energy by ultimate consumers.
Appendix A: Preference-eligible customers
------------------------------------------------------------------------
2020 Peak Load
Municipals MW
------------------------------------------------------------------------
Alachua................................................. 28
Bartow.................................................. 60
Blountstown............................................. 8
Bushnell................................................ 6
Chattahoochee........................................... 6
Clewiston............................................... 22
Fort Meade.............................................. 10
Fort Pierce............................................. 113
Gainesville............................................. 410
Green Cove Springs...................................... 24
Havana.................................................. 7
Homestead Energy Services............................... 115
JEA formerly Jacksonville Electric Authority............ 2,658
Jacksonville Beach dba Beaches Energy Services.......... 168
Keys Energy Services formerly Key West.................. 145
Kissimmee............................................... 374
Lake Worth Beach........................................ 96
Lakeland Electric....................................... 667
Leesburg................................................ 118
Moore Haven............................................. 4
Mount Dora.............................................. 23
New Smyrna Beach........................................ 105
Newberry................................................ 9
Ocala................................................... 314
Orlando................................................. 1,294
Quincy.................................................. 28
Reedy Creek Utilities................................... 166
St. Cloud............................................... 186
Starke.................................................. 16
Tallahassee............................................. 616
Vero Beach.............................................. 180
Wauchula................................................ 14
Williston............................................... 8
Winter Park............................................. 94
------------------------------------------------------------------------
------------------------------------------------------------------------
2020 Peak Load
Cooperatives MW
------------------------------------------------------------------------
Central Florida Electric Cooperative.................... 131
Choctawhatchee Electric Cooperative (CHELCO)............ 219
Clay Electric Cooperative............................... 788
Escambia River Electric Cooperative..................... 43
Glades Electric Cooperative............................. 60
Gulf Coast Electric Cooperative......................... 86
Lee County Electric Cooperative......................... 970
Okefenoke Electric Cooperative.......................... 178
Peace River Electric Cooperative........................ 205
PowerSouth Energy Cooperative (G&T)..................... 2,027
SECO Energy (Sumter Electric Coop)...................... 865
Suwannee Valley Electric Cooperative.................... 119
Talquin Electric Cooperative............................ 213
Tri-County Electric Cooperative......................... 60
West Florida Electric Cooperative....................... 123
Withlacoochee Electric Cooperative...................... 1,002
Florida Keys Electric Cooperative....................... 156
Seminole Electric Cooperative (G&T)..................... 3,409
------------------------------------------------------------------------
Legal Authority
The policy is developed under authority of section 5 of the Flood
Control Act of 1944, 16 U.S.C. 825s, and section 302(a) of the
Department of Energy Organization Act of 1977, 42 U.S.C. 7152. This
power marketing policy was developed in accordance with the Procedure
for Public Participation in the Formulation of Marketing Policy
published July 6, 1978, 43 FR 29186.
Environmental Impact
Southeastern has determined this action fits within the following
categorical exclusions listed in appendix B to subpart D of 10 CFR part
1021: B4.1 (Contracts, policies, and marketing and allocation plans for
electric power). Categorically excluded projects and activities do not
require preparation of either an environmental impact statement or an
environmental assessment.
Determination Under Executive Order 12866
Southeastern has an exemption from centralized regulatory review
under Executive Order 12866; accordingly, no clearance of this notice
by the Office of Management and Budget is required.
[[Page 20882]]
Signing Authority
This document of the Department of Energy was signed on March 31,
2023, by Virgil G. Hobbs III, Administrator for Southeastern Power
Administration, pursuant to delegated authority from the Secretary of
Energy. That document, with the original signature and date, is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on April 4, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-07379 Filed 4-6-23; 8:45 am]
BILLING CODE 6450-01-P
