Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments, 67745-67747 [2023-21694]

Download as PDF Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices Filings in Existing Proceedings Docket Numbers: RP23–984–000. Applicants: Boardwalk Storage Company, LLC. Description: Report Filing: Type 620 Filing to Confirm Effective Date to be effective N/A. Filed Date: 9/25/23. Accession Number: 20230925–5038. Comment Date: 5 p.m. ET 10/10/23. Any person desiring to protest in any the above proceedings must file in accordance with Rule 211 of the Commission’s Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the docket number. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: September 25, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–21571 Filed 9–29–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission lotter on DSK11XQN23PROD with NOTICES1 [Docket No. EF23–7–000] Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments Before Commissioners: Willie L. Phillips, Acting Chairman; James P. Danly, Allison Clements, and Mark C. Christie. 1. In this order, we approve Bonneville Power Administration’s VerDate Sep<11>2014 18:41 Sep 29, 2023 Jkt 262001 (Bonneville) proposed fiscal years 2024– 2025 wholesale power and transmission rates on an interim basis, pending our further review. We also provide an additional period of time for the parties to file comments. I. Background 2. On July 28, 2023, Bonneville filed a request for interim and final approval of its proposed wholesale power 1 and transmission rates 2 in accordance with the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) 3 and Subpart B of part 300 of the Commission’s regulations.4 Bonneville projects that the filed rates will produce average annual power revenues of $3.144 billion and average annual transmission revenues of $1.264 billion. Bonneville asserts that this level of annual revenues is sufficient to recover its costs for the fiscal years 2024–2025 rate approval period, while providing cash flow to assure at least a 95% probability of making all payments to the United States Treasury in full and on time for each year of the fiscal years 2024–2025 rate approval period. II. Notice of Filing 3. Notice of Bonneville’s application was published in the Federal Register, 88 FR 53,480 (Aug. 8, 2023), with interventions and protests due on or before August 28, 2023. Timely motions to intervene were filed by Public Power Council, M–S–R Public Power Agency, and Powerex Corp. The Confederated Tribes and Bands of the Yakama Nation and the Confederated Tribes of the Umatilla Indian Reservation (together, Treaty Tribes), along with the Columbia River Inter-Tribal Fish Commission 1 The proposed wholesale power rates for which Bonneville seeks approval for fiscal years 2024– 2025 are: Priority Firm Power Rate (PF–24); New Resource Firm Power Rate (NR–24); Industrial Firm Power Rate (IP–24); Firm Power and Surplus Products and Services Rate (FPS–24). Bonneville also seeks approval of related General Rates Schedule Provisions for the same period. Fiscal years 2024–2025 is the period October 1, 2023, through September 30, 2025. 2 The proposed transmission and ancillary services rates (referred to collectively as transmission rates) for which Bonneville seeks approval for fiscal years 2024–2025 are: Formula Power Transmission Rate (FPT–24.1); Network Integration Rate (NT–24); Point-to-Point Rate (PTP– 24); Southern Intertie Rate (IS–24); Montana Intertie Rate (IM–24); Use-of-Facilities Transmission Rate (UFT–24); Advance Funding Rate (AF–24); Townsend-Garrison Transmission Rate (TGT–24); Regional Compliance Enforcement and Regional Coordinator Rates (RC–24); Oversupply Rate (OS– 24); Eastern Intertie Rate (IE–24); and Ancillary and Control Area Services Rates (ACS–24). Bonneville also seeks approval of related General Rates Schedule Provisions for the same period. 3 16 U.S.C. 839e(i). 4 18 CFR 300.10–300.14 (2022). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 67745 (collectively, Tribal Parties) filed a motion to intervene. On September 5, 2023, Bonneville filed a request for leave to answer and an answer to the Tribal Parties’ motion to intervene. 4. The Tribal Parties assert that Bonneville’s rates during the 2024–2025 rate period are insufficient to assure repayment of the federal investment in the Federal Columbia River Power System, and are not based on Bonneville’s total system costs.5 The Tribal Parties contend that the Bonneville Administrator failed to take into account Bonneville’s obligations under the Treaty Tribes’ respective treaties as directly applicable to Bonneville and as incorporated through the Northwest Power Act.6 The Tribal Parties further assert that, under the Northwest Power Act, the proposed fiscal years 2024–2025 rates fail to afford equal treatment between fish and wildlife and power interests, and are not consistent with the Northwest Power and Conservation Council (NPCC) Fish and Wildlife Program.7 5. In Bonneville’s answer, Bonneville states that the Commission should approve Bonneville’s proposed rates as requested.8 Bonneville asserts that the Tribal Parties’ arguments fall outside the Commission’s limited jurisdiction over Bonneville’s power and transmission rates established by section 7(a)(2) of the Northwest Power Act.9 Bonneville argues that the Commission has previously concluded that the Commission does not second guess Bonneville’s decisions on fish and wildlife issues, and that the Commission’s review is not the proper forum to challenge Bonneville’s cost projections.10 6. Bonneville contends that the Commission previously considered the issue of whether Bonneville’s rates failed to afford ‘‘equitable treatment’’ to fish and wildlife under section 4(h)(11)(A) of the Northwest Power Act. Bonneville argues that the Commission correctly concluded that ‘‘Bonneville’s compliance with its environmental review and fish and wildlife protection obligation . . . is outside the scope of the Commission’s review under section 7(a)(2).’’ 11 7. In response to the Tribal Parties’ claim that Bonneville’s rates are not 5 Tribal Parties Motion to Intervene at 2 (citing 16 U.S.C. 839e(a)(2)(a)–(b)). 6 Id. (citing 16 U.S.C. 839e(k)). 7 Id. 8 Bonneville Answer at 3. 9 Id. (citing 16 U.S.C. 839e(a)(2)). 10 Id. at 5 (citing U.S. Dep’t of Energy—Bonneville Power Admin., 105 FERC ¶ 61,068, at P 10 (2003)). 11 Id. (citing Bonneville Power Admin, 178 FERC ¶ 61,211, at P 13 (2022)). E:\FR\FM\02OCN1.SGM 02OCN1 67746 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices consistent with the NPCC Fish and Wildlife Program, Bonneville argues that this issue also concerns Bonneville’s fish and wildlife cost projections and whether those projections are (or must be) consistent with the NPCC’s Fish and Wildlife Program. Bonneville states that the Commission has previously addressed this issue, noting correctly that ‘‘issues related to the amount of money [Bonneville] plans to spend on fish and wildlife under the [NPCC’s] fish and wildlife [program]’’ are outside of the Commission’s scope of review.12 8. Bonneville further argues that the Tribal Parties misstate the procedures applicable to this proceeding when the Tribal Parties note that ‘‘parties in the [Bonneville] rate proceedings ‘shall be afforded an opportunity by the Commission for an additional hearing.’’’ 13 Bonneville argues that the Tribal Parties do not request such a hearing and explains that the referenced hearing opportunity in section 7(k) of the Northwest Power Act is inapplicable to the Commission’s review of Bonneville’s fiscal years 2024–2025 rates. Bonneville states that section 7(k) applies to the sale of ‘‘nonfirm electric power within the United States, but outside the region,’’ which is not at issue in this proceeding.14 III. Discussion A. Procedural Matters 9. Pursuant to Rule 214 of the Commission’s Rules of Practice and Procedure, 18 CFR 385.214 (2022), the timely, unopposed motion to intervene serve to make the entities that filed them parties to this proceeding. 10. Rule 213(a)(2) of the Commission’s Rules of Practice and Procedure, 18 CFR 385.213(a)(2), prohibits an answer to a protest unless otherwise ordered by the decisional authority. We will accept Bonneville’s answer because it has provided information that assisted us in our decision-making process. lotter on DSK11XQN23PROD with NOTICES1 B. Standard of Review 11. Under the Northwest Power Act, the Commission’s review of Bonneville’s proposed regional power and transmission rates is limited to determining whether Bonneville’s proposed rates meet the three specific 12 Id. at 6 (citing U.S. Dep’t of Energy—Bonneville Power Admin., 32 FERC ¶ 61,014, at n.15 (1985)). 13 Id. (citing Tribal Parties Motion to Intervene at 1 (citing 16 U.S.C. 839e(k))). 14 Id. (quoting 16 U.S.C. 839e(k)). VerDate Sep<11>2014 18:41 Sep 29, 2023 Jkt 262001 requirements of section 7(a)(2) of the Northwest Power Act:15 (A) they must be sufficient to assure repayment of the Federal investment in the Federal Columbia River Power System over a reasonable number of years after first meeting Bonneville’s other costs; (B) they must be based upon Bonneville’s total system costs; and (C) insofar as transmission rates are concerned, they must equitably allocate the costs of the Federal transmission system between Federal and nonFederal power. 12. Commission review of Bonneville’s non-regional, non-firm rates also is limited. Review is restricted to determining whether such rates meet the requirements of section 7(k) of the Northwest Power Act,16 which requires that they comply with the Bonneville Project Act, the Flood Control Act of 1944, and the Federal Columbia River Transmission System Act. Taken together, those statutes require that Bonneville’s non-regional, non-firm rates: (A) recover the cost of generation and transmission of such electric energy, including the amortization of investments in the power projects within a reasonable period; (B) encourage the most widespread use of Bonneville power; and (C) provide the lowest possible rates to consumers consistent with sound business principles. 13. Unlike the Commission’s statutory authority under the Federal Power Act, the Commission’s authority under sections 7(a) and 7(k) of the Northwest Power Act does not include the power to modify the rates. The responsibility for developing rates in the first instance is vested with Bonneville’s Administrator. The rates are then submitted to the Commission for approval or disapproval. In this regard, the Commission’s role can be viewed as an appellate one: to affirm or remand the rates submitted to it for review.17 14. Moreover, review at this interim stage is further limited. In view of the volume and complexity of a Bonneville rate application, such as the one now before the Commission in this filing, and the limited period in advance of the requested effective date in which to review the application,18 the 15 16 U.S.C. 839e(a)(2). Bonneville also must comply with the financial, accounting, and ratemaking requirements in Department of Energy Order No. RA 6120.2. 16 Id. § 839e(k). 17 See, e.g., U.S. Dep’t of Energy—Bonneville Power Admin., 67 FERC ¶ 61,351, at 62,216–17 (1994); Aluminum Co. of Am. v. Bonneville Power Admin., 903 F.2d 585, 592–93 (9th Cir. 1989). 18 See 18 CFR 300.10(a)(3)(ii). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Commission generally defers resolution of issues on the merits of Bonneville’s application until the order on final confirmation. Thus, the proposed rates, if not patently deficient, generally are approved on an interim basis and the parties are afforded an additional opportunity in which to raise issues with regard to Bonneville’s application.19 15. The Commission declines at this time to grant final confirmation and approval of Bonneville’s proposed wholesale power and transmission rates. The Commission’s preliminary review nevertheless indicates that Bonneville’s wholesale power and transmission rates application appears to meet the statutory standards and the minimum threshold filing requirements of part 300 of the Commission’s regulations.20 Moreover, the Commission’s preliminary review of Bonneville’s application indicates that it does not contain any patent deficiencies. The proposed rates therefore will be approved on an interim basis pending full review for final approval. We note, as well, that no one will be harmed by this decision because interim approval allows Bonneville’s rates to go into effect subject to refund with interest; the Commission may order refunds with interest if the Commission later determines in its final decision not to approve the rates.21 16. In addition, we will provide an additional period of time for parties to file comments and reply comments on issues related to final confirmation and approval of Bonneville’s proposed rates. This will ensure that the record in this proceeding is complete and fully developed. The Commission orders: (A) Interim approval of Bonneville’s proposed wholesale power and transmission rates for fiscal years 2024– 2025 is hereby granted, to be effective October 1, 2023, through September 30, 2025, subject to refund with interest as set forth in section 300.20(c) of the Commission’s regulations,22 pending final action and either their approval or disapproval. (B) Within 30 days of the date of this order, parties who wish to do so may file additional comments regarding final confirmation and approval of Bonneville’s proposed rates. Parties who wish to do so may file reply comments within 20 days thereafter. 19 See, e.g., U.S. Dep’t of Energy—Bonneville Power Admin., 160 FERC ¶ 61,113, at P 6 (2017). 20 See, e.g., id. P 13. 21 18 CFR 300.20(c) (2022). 22 Id. E:\FR\FM\02OCN1.SGM 02OCN1 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices (C) The Secretary shall promptly publish this order in the Federal Register. By the Commission. Issued: September 26, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–21694 Filed 9–29–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission lotter on DSK11XQN23PROD with NOTICES1 Combined Notice of Filings #1 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC23–135–000. Applicants: EGCO Compass II, LLC, Dighton Power, LLC, Marco DM Holdings, L.L.C., Marcus Hook Energy, L.P., Milford Power, LLC. Description: Joint Application for Authorization Under Section 203 of the Federal Power Act of EGCO Compass II, LLC, et al. Filed Date: 9/26/23. Accession Number: 20230926–5090. Comment Date: 5 p.m. ET 10/17/23. Take notice that the Commission received the following exempt wholesale generator filings: Docket Numbers: EG23–301–000. Applicants: Midland Wind, LLC. Description: Midland Wind, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status. Filed Date: 9/26/23. Accession Number: 20230926–5116. Comment Date: 5 p.m. ET 10/17/23. Docket Numbers: EG23–302–000. Applicants: Sierra Estrella Energy Storage LLC. Description: Sierra Estrella Energy Storage LLC submits Notice of SelfCertification of Exempt Wholesale Generator Status. Filed Date: 9/26/23. Accession Number: 20230926–5132. Comment Date: 5 p.m. ET 10/17/23. Docket Numbers: EG23–303–000. Applicants: Superstition Energy Storage LLC. Description: Superstition Energy Storage LLC submits Notice of SelfCertification of Exempt Wholesale Generator Status. Filed Date: 9/26/23. Accession Number: 20230926–5134. Comment Date: 5 p.m. ET 10/17/23. Take notice that the Commission received the following Complaints and Compliance filings in EL Dockets: Docket Numbers: EL23–100–000; QF86–765–006. VerDate Sep<11>2014 18:41 Sep 29, 2023 Jkt 262001 Applicants: THE DEXTER CORP., Algonquin Power Windsor Locks LLC. Description: Algonquin Power Windsor Locks LLC submits Petition for Declaratory Order. Filed Date: 9/20/23. Accession Number: 20230920–5160. Comment Date: 5 p.m. ET 10/18/23. Docket Numbers: EL23–101–000. Applicants: Mid-Atlantic Offshore Development, LLC. Description: Petition for Declaratory Order of Mid-Atlantic Offshore Development, LLC. Filed Date: 9/21/23. Accession Number: 20230921–5184. Comment Date: 5 p.m. ET 10/23/23. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER23–1598–002. Applicants: Versant Power. Description: Versant Power submits a Joint Offer of Settlement between itself, the Maine Public Utilities Commission and the Maine Office of the Public Advocate. Filed Date: 9/22/23. Accession Number: 20230922–5200. Comment Date: 5 p.m. ET 10/13/23. Docket Numbers: ER23–2929–000. Applicants: Amcor Storage LLC. Description: Baseline eTariff Filing: Baseline new to be effective 1/1/2024. Filed Date: 9/26/23. Accession Number: 20230926–5133. Comment Date: 5 p.m. ET 10/17/23. Take notice that the Commission received the following electric reliability filings Docket Numbers: RD23–6–000. Applicants: North American Electric Reliability Corporation. Description: North American Electric Reliability Corporation submits Petition for Approval of Proposed Reliability Standards re IRO–010–5 and TOP–003– 6.1. Filed Date: 9/21/23. Accession Number: 20230921–5183. Comment Date: 5 p.m. ET 10/26/23. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the docket number. Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission’s Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 67747 eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: September 26, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–21691 Filed 9–29–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings Take notice that the Commission has received the following Natural Gas and Oil Pipeline Rate and Refund Report filings: Filings Instituting Proceedings Docket Numbers: RP23–1057–000. Applicants: Rockies Express Pipeline LLC. Description: Section 4(d) Rate Filing: REX 2023–09–25 Negotiated Rate Agreement to be effective 9/26/2023. Filed Date: 9/25/23. Accession Number: 20230925–5139. Comment Date: 5 p.m. ET 10/10/23. Docket Numbers: RP23–1058–000. Applicants: Iroquois Gas Transmission System, L.P. Description: Section 4(d) Rate Filing: 9.26.23 Negotiated Rates—Citadel Energy Marketing LLC R–7705–15 to be effective 11/1/2023. Filed Date: 9/26/23. Accession Number: 20230926–5004. Comment Date: 5 p.m. ET 10/10/23. Docket Numbers: RP23–1059–000. Applicants: Iroquois Gas Transmission System, L.P. Description: Section 4(d) Rate Filing: 9.26.23 Negotiated Rates—Citadel Energy Marketing LLC R–7705–16 to be effective 11/1/2023. E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Pages 67745-67747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21694]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF23-7-000]


Bonneville Power Administration; Order Approving Rates on an 
Interim Basis and Providing Opportunity for Additional Comments

    Before Commissioners: Willie L. Phillips, Acting Chairman; James P. 
Danly, Allison Clements, and Mark C. Christie.
    1. In this order, we approve Bonneville Power Administration's 
(Bonneville) proposed fiscal years 2024-2025 wholesale power and 
transmission rates on an interim basis, pending our further review. We 
also provide an additional period of time for the parties to file 
comments.

I. Background

    2. On July 28, 2023, Bonneville filed a request for interim and 
final approval of its proposed wholesale power \1\ and transmission 
rates \2\ in accordance with the Pacific Northwest Electric Power 
Planning and Conservation Act (Northwest Power Act) \3\ and Subpart B 
of part 300 of the Commission's regulations.\4\ Bonneville projects 
that the filed rates will produce average annual power revenues of 
$3.144 billion and average annual transmission revenues of $1.264 
billion. Bonneville asserts that this level of annual revenues is 
sufficient to recover its costs for the fiscal years 2024-2025 rate 
approval period, while providing cash flow to assure at least a 95% 
probability of making all payments to the United States Treasury in 
full and on time for each year of the fiscal years 2024-2025 rate 
approval period.
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    \1\ The proposed wholesale power rates for which Bonneville 
seeks approval for fiscal years 2024-2025 are: Priority Firm Power 
Rate (PF-24); New Resource Firm Power Rate (NR-24); Industrial Firm 
Power Rate (IP-24); Firm Power and Surplus Products and Services 
Rate (FPS-24). Bonneville also seeks approval of related General 
Rates Schedule Provisions for the same period. Fiscal years 2024-
2025 is the period October 1, 2023, through September 30, 2025.
    \2\ The proposed transmission and ancillary services rates 
(referred to collectively as transmission rates) for which 
Bonneville seeks approval for fiscal years 2024-2025 are: Formula 
Power Transmission Rate (FPT-24.1); Network Integration Rate (NT-
24); Point-to-Point Rate (PTP-24); Southern Intertie Rate (IS-24); 
Montana Intertie Rate (IM-24); Use-of-Facilities Transmission Rate 
(UFT-24); Advance Funding Rate (AF-24); Townsend-Garrison 
Transmission Rate (TGT-24); Regional Compliance Enforcement and 
Regional Coordinator Rates (RC-24); Oversupply Rate (OS-24); Eastern 
Intertie Rate (IE-24); and Ancillary and Control Area Services Rates 
(ACS-24). Bonneville also seeks approval of related General Rates 
Schedule Provisions for the same period.
    \3\ 16 U.S.C. 839e(i).
    \4\ 18 CFR 300.10-300.14 (2022).
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II. Notice of Filing

    3. Notice of Bonneville's application was published in the Federal 
Register, 88 FR 53,480 (Aug. 8, 2023), with interventions and protests 
due on or before August 28, 2023. Timely motions to intervene were 
filed by Public Power Council, M-S-R Public Power Agency, and Powerex 
Corp. The Confederated Tribes and Bands of the Yakama Nation and the 
Confederated Tribes of the Umatilla Indian Reservation (together, 
Treaty Tribes), along with the Columbia River Inter-Tribal Fish 
Commission (collectively, Tribal Parties) filed a motion to intervene. 
On September 5, 2023, Bonneville filed a request for leave to answer 
and an answer to the Tribal Parties' motion to intervene.
    4. The Tribal Parties assert that Bonneville's rates during the 
2024-2025 rate period are insufficient to assure repayment of the 
federal investment in the Federal Columbia River Power System, and are 
not based on Bonneville's total system costs.\5\ The Tribal Parties 
contend that the Bonneville Administrator failed to take into account 
Bonneville's obligations under the Treaty Tribes' respective treaties 
as directly applicable to Bonneville and as incorporated through the 
Northwest Power Act.\6\ The Tribal Parties further assert that, under 
the Northwest Power Act, the proposed fiscal years 2024-2025 rates fail 
to afford equal treatment between fish and wildlife and power 
interests, and are not consistent with the Northwest Power and 
Conservation Council (NPCC) Fish and Wildlife Program.\7\
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    \5\ Tribal Parties Motion to Intervene at 2 (citing 16 U.S.C. 
839e(a)(2)(a)-(b)).
    \6\ Id. (citing 16 U.S.C. 839e(k)).
    \7\ Id.
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    5. In Bonneville's answer, Bonneville states that the Commission 
should approve Bonneville's proposed rates as requested.\8\ Bonneville 
asserts that the Tribal Parties' arguments fall outside the 
Commission's limited jurisdiction over Bonneville's power and 
transmission rates established by section 7(a)(2) of the Northwest 
Power Act.\9\ Bonneville argues that the Commission has previously 
concluded that the Commission does not second guess Bonneville's 
decisions on fish and wildlife issues, and that the Commission's review 
is not the proper forum to challenge Bonneville's cost projections.\10\
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    \8\ Bonneville Answer at 3.
    \9\ Id. (citing 16 U.S.C. 839e(a)(2)).
    \10\ Id. at 5 (citing U.S. Dep't of Energy--Bonneville Power 
Admin., 105 FERC ] 61,068, at P 10 (2003)).
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    6. Bonneville contends that the Commission previously considered 
the issue of whether Bonneville's rates failed to afford ``equitable 
treatment'' to fish and wildlife under section 4(h)(11)(A) of the 
Northwest Power Act. Bonneville argues that the Commission correctly 
concluded that ``Bonneville's compliance with its environmental review 
and fish and wildlife protection obligation . . . is outside the scope 
of the Commission's review under section 7(a)(2).'' \11\
---------------------------------------------------------------------------

    \11\ Id. (citing Bonneville Power Admin, 178 FERC ] 61,211, at P 
13 (2022)).
---------------------------------------------------------------------------

    7. In response to the Tribal Parties' claim that Bonneville's rates 
are not

[[Page 67746]]

consistent with the NPCC Fish and Wildlife Program, Bonneville argues 
that this issue also concerns Bonneville's fish and wildlife cost 
projections and whether those projections are (or must be) consistent 
with the NPCC's Fish and Wildlife Program. Bonneville states that the 
Commission has previously addressed this issue, noting correctly that 
``issues related to the amount of money [Bonneville] plans to spend on 
fish and wildlife under the [NPCC's] fish and wildlife [program]'' are 
outside of the Commission's scope of review.\12\
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    \12\ Id. at 6 (citing U.S. Dep't of Energy--Bonneville Power 
Admin., 32 FERC ] 61,014, at n.15 (1985)).
---------------------------------------------------------------------------

    8. Bonneville further argues that the Tribal Parties misstate the 
procedures applicable to this proceeding when the Tribal Parties note 
that ``parties in the [Bonneville] rate proceedings `shall be afforded 
an opportunity by the Commission for an additional hearing.''' \13\ 
Bonneville argues that the Tribal Parties do not request such a hearing 
and explains that the referenced hearing opportunity in section 7(k) of 
the Northwest Power Act is inapplicable to the Commission's review of 
Bonneville's fiscal years 2024-2025 rates. Bonneville states that 
section 7(k) applies to the sale of ``nonfirm electric power within the 
United States, but outside the region,'' which is not at issue in this 
proceeding.\14\
---------------------------------------------------------------------------

    \13\ Id. (citing Tribal Parties Motion to Intervene at 1 (citing 
16 U.S.C. 839e(k))).
    \14\ Id. (quoting 16 U.S.C. 839e(k)).
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III. Discussion

A. Procedural Matters

    9. Pursuant to Rule 214 of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.214 (2022), the timely, unopposed motion to 
intervene serve to make the entities that filed them parties to this 
proceeding.
    10. Rule 213(a)(2) of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.213(a)(2), prohibits an answer to a protest 
unless otherwise ordered by the decisional authority. We will accept 
Bonneville's answer because it has provided information that assisted 
us in our decision-making process.

B. Standard of Review

    11. Under the Northwest Power Act, the Commission's review of 
Bonneville's proposed regional power and transmission rates is limited 
to determining whether Bonneville's proposed rates meet the three 
specific requirements of section 7(a)(2) of the Northwest Power 
Act:\15\
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    \15\ 16 U.S.C. 839e(a)(2). Bonneville also must comply with the 
financial, accounting, and ratemaking requirements in Department of 
Energy Order No. RA 6120.2.
---------------------------------------------------------------------------

    (A) they must be sufficient to assure repayment of the Federal 
investment in the Federal Columbia River Power System over a reasonable 
number of years after first meeting Bonneville's other costs;
    (B) they must be based upon Bonneville's total system costs; and
    (C) insofar as transmission rates are concerned, they must 
equitably allocate the costs of the Federal transmission system between 
Federal and non-Federal power.
    12. Commission review of Bonneville's non-regional, non-firm rates 
also is limited. Review is restricted to determining whether such rates 
meet the requirements of section 7(k) of the Northwest Power Act,\16\ 
which requires that they comply with the Bonneville Project Act, the 
Flood Control Act of 1944, and the Federal Columbia River Transmission 
System Act. Taken together, those statutes require that Bonneville's 
non-regional, non-firm rates:
---------------------------------------------------------------------------

    \16\ Id. Sec.  839e(k).
---------------------------------------------------------------------------

    (A) recover the cost of generation and transmission of such 
electric energy, including the amortization of investments in the power 
projects within a reasonable period;
    (B) encourage the most widespread use of Bonneville power; and
    (C) provide the lowest possible rates to consumers consistent with 
sound business principles.
    13. Unlike the Commission's statutory authority under the Federal 
Power Act, the Commission's authority under sections 7(a) and 7(k) of 
the Northwest Power Act does not include the power to modify the rates. 
The responsibility for developing rates in the first instance is vested 
with Bonneville's Administrator. The rates are then submitted to the 
Commission for approval or disapproval. In this regard, the 
Commission's role can be viewed as an appellate one: to affirm or 
remand the rates submitted to it for review.\17\
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    \17\ See, e.g., U.S. Dep't of Energy--Bonneville Power Admin., 
67 FERC ] 61,351, at 62,216-17 (1994); Aluminum Co. of Am. v. 
Bonneville Power Admin., 903 F.2d 585, 592-93 (9th Cir. 1989).
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    14. Moreover, review at this interim stage is further limited. In 
view of the volume and complexity of a Bonneville rate application, 
such as the one now before the Commission in this filing, and the 
limited period in advance of the requested effective date in which to 
review the application,\18\ the Commission generally defers resolution 
of issues on the merits of Bonneville's application until the order on 
final confirmation. Thus, the proposed rates, if not patently 
deficient, generally are approved on an interim basis and the parties 
are afforded an additional opportunity in which to raise issues with 
regard to Bonneville's application.\19\
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    \18\ See 18 CFR 300.10(a)(3)(ii).
    \19\ See, e.g., U.S. Dep't of Energy--Bonneville Power Admin., 
160 FERC ] 61,113, at P 6 (2017).
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    15. The Commission declines at this time to grant final 
confirmation and approval of Bonneville's proposed wholesale power and 
transmission rates. The Commission's preliminary review nevertheless 
indicates that Bonneville's wholesale power and transmission rates 
application appears to meet the statutory standards and the minimum 
threshold filing requirements of part 300 of the Commission's 
regulations.\20\ Moreover, the Commission's preliminary review of 
Bonneville's application indicates that it does not contain any patent 
deficiencies. The proposed rates therefore will be approved on an 
interim basis pending full review for final approval. We note, as well, 
that no one will be harmed by this decision because interim approval 
allows Bonneville's rates to go into effect subject to refund with 
interest; the Commission may order refunds with interest if the 
Commission later determines in its final decision not to approve the 
rates.\21\
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    \20\ See, e.g., id. P 13.
    \21\ 18 CFR 300.20(c) (2022).
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    16. In addition, we will provide an additional period of time for 
parties to file comments and reply comments on issues related to final 
confirmation and approval of Bonneville's proposed rates. This will 
ensure that the record in this proceeding is complete and fully 
developed.
    The Commission orders:
    (A) Interim approval of Bonneville's proposed wholesale power and 
transmission rates for fiscal years 2024-2025 is hereby granted, to be 
effective October 1, 2023, through September 30, 2025, subject to 
refund with interest as set forth in section 300.20(c) of the 
Commission's regulations,\22\ pending final action and either their 
approval or disapproval.
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    \22\ Id.
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    (B) Within 30 days of the date of this order, parties who wish to 
do so may file additional comments regarding final confirmation and 
approval of Bonneville's proposed rates. Parties who wish to do so may 
file reply comments within 20 days thereafter.

[[Page 67747]]

    (C) The Secretary shall promptly publish this order in the Federal 
Register.

    By the Commission.

    Issued: September 26, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-21694 Filed 9-29-23; 8:45 am]
BILLING CODE 6717-01-P
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