Notice of Issuance of Final Power Marketing Policy, for the Jim Woodruff System Project, 74173-74179 [2023-23906]
Download as PDF
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–159–000.
Applicants: PJM Interconnection,
L.L.C.
Description: § 205(d) Rate Filing:
Amend ISA/CSA, SA Nos. 5245 & 5250;
Queue No. AB2–067/AC1–044/AD2–189
(amend) to be effective 12/20/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5038.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–160–000.
Applicants: PacifiCorp.
Description: Tariff Amendment:
Termination of Black Hills NITSA Rev
3 (SA 347) to be effective 12/31/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5043.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–161–000.
Applicants: Tri-State Generation and
Transmission Association, Inc.
Description: § 205(d) Rate Filing:
Initial Filing of Service Agreement
FERC No. 915 to be effective 9/20/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5065.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–162–000.
Applicants: American Transmission
Systems, Incorporated, PJM
Interconnection, L.L.C.
Description: § 205(d) Rate Filing:
American Transmission Systems,
Incorporated submits tariff filing per
35.13(a)(2)(iii: ATSI submits Revised
Interconnection Agreement, Service
Agreement No. 3992 to be effective 12/
20/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5066.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–163–000.
Applicants: Exelon Business Services
Company, LLC, PJM Interconnection,
L.L.C.
Description: § 205(d) Rate Filing:
Exelon Business Services Company,
LLC submits tariff filing per
35.13(a)(2)(iii: BGE, PECO & Pepco
Request for Order Authorizing
Abandoned Plant Incentive to be
effective 12/20/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5067.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–164–000.
Applicants: Tri-State Generation and
Transmission Association, Inc.
Description: § 205(d) Rate Filing:
Amendment to Service Agreement FERC
No. 891 to be effective 9/21/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5070.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–165–000.
Applicants: Midcontinent
Independent System Operator, Inc.
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
Description: Compliance filing: 2023–
10–20_Order No. 895 Credit Information
Sharing Compliance to be effective 10/
21/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5073.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–166–000.
Applicants: Sun Streams Expansion,
LLC.
Description: § 205(d) Rate Filing:
Amendment to LGIA Co-Tenancy
Agreement to be effective 10/21/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5074.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–167–000.
Applicants: Sun Pond, LLC.
Description: § 205(d) Rate Filing:
Certificate of Concurrence for
Amendment to LGIA Co-Tenancy
Agreement to be effective 10/21/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5081.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–168–000.
Applicants: Pennsylvania Power
Company, PJM Interconnection, L.L.C.
Description: § 205(d) Rate Filing:
Pennsylvania Power Company submits
tariff filing per 35.13(a)(2)(iii: Penn
Power Amends 9 ECSAs (5390 5516
5569 5640 5703 6041 6334 6347 6618)
to be effective 12/31/9998.
Filed Date: 10/20/23.
Accession Number: 20231020–5084.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–169–000.
Applicants: Niagara Mohawk Power
Corporation, New York Independent
System Operator, Inc.
Description: § 205(d) Rate Filing:
Niagara Mohawk Power Corporation
submits tariff filing per 35.13(a)(2)(iii:
Niagara Mohawk 205: Amended ISA
between NMPC & Cedar Rapids
Transmission (SA336) to be effective 9/
20/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5091.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–170–000.
Applicants: PJM Interconnection,
L.L.C.
Description: Tariff Amendment:
Notice of Cancellation of ISA, SA No.
5485; Queue No. AB1–107 Re:
Withdrawal to be effective 12/20/2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5102.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–171–000.
Applicants: Skysol, LLC.
Description: Baseline eTariff Filing:
Skysol, LLC MBR Tariff to be effective
11/30/2023.
Filed Date: 10/20/23.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
74173
Accession Number: 20231020–5103.
Comment Date: 5 p.m. ET 11/13/23.
Docket Numbers: ER24–172–000.
Applicants: FirstEnergy Pennsylvania
Electric Company.
Description: Baseline eTariff Filing:
2023.10.20—Baseline Market-Based
Rate Tariff Filing to be effective 10/20/
2023.
Filed Date: 10/20/23.
Accession Number: 20231020–5106.
Comment Date: 5 p.m. ET 11/13/23.
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.
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: October 20, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–23831 Filed 10–27–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Southeastern Power Administration
Notice of Issuance of Final Power
Marketing Policy, for the Jim Woodruff
System Project
Southeastern Power
Administration (Southeastern), DOE.
AGENCY:
E:\FR\FM\30OCN1.SGM
30OCN1
74174
ACTION:
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
Notice of final power marketing
policy.
The Administrator has
adopted the attached Final Power
Marketing Policy for the Jim Woodruff
System Project. The policy will be
effective thirty days after publication in
the Federal Register. The policy was
developed in accordance with
Southeastern’s Procedure for Public
Participation in the Formulation of
Marketing Policy published July 6,
1978, pursuant to a notice of intent to
formulate a power marketing policy
published in the Federal Register of
August 5, 2022, and a proposed policy
published in the Federal Register of
April 7, 2023. A public comment forum
was held via a virtual web based
meeting on June 8, 2023. Comments
were due on or before June 23, 2023.
Twelve comments were received
relative to the proposed policy. The
Administrator appointed a Staff
Committee to prepare a Staff Evaluation
of all oral and written comments and
responses received by Southeastern and
to make appropriate recommendations.
The Staff Evaluation was completed on
Sept 5, 2023. Following the Staff
Evaluation, the Administrator decided
to adopt the policy as modified.
SUPPLEMENTARY INFORMATION:
The Final Power Marketing Policy
sets forth the guidelines which
Southeastern will follow in the future
disposition of power from the Jim
Woodruff System. The policy covers
power from the Jim Woodruff project
and establishes the marketing area and
specifies the allocation of power to area
preference customers. The policy also
deals with utilization of area utility
systems for essential purposes,
wholesale rates, and energy and
economic efficiency measures.
Southeastern has determined this
action fits within the following
categorical exclusions listed in
appendix B to subpart D of 10 CFR
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.
A recital of the primary comments
regarding the proposed power marketing
policy, responses to those comments,
and specific decisions and changes in
the proposed power marketing policy
approved by the Administrator precede
the text of the final policy as adopted.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
Primary Comments and Responses
1. Comment: The proposed policy
states that the Jim Woodruff Lock and
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
Dam (Project) has a total capacity of 36
MW. The Policy also lists the capacity
allocations for each of the current
preference customers which adds up to
the total 36 MW. It was our
understanding from SEPA’s February 2,
2023, presentation that the total
installed capacity of the Project is
43.345 MW, and the preference
customers will have access to the total
generation each hour measured at the
busbar based upon each preference
customer’s pro-rata share. The proposed
policy states that if the actual generation
is less than the allocated capacity in any
hour then the amount delivered to each
preference customer will be reduced,
pro-rata; however, the proposed policy
is silent as to what happens if the actual
generation in any hour is in excess of
the 36 MW. Is it the intention that any
generation in excess of 36 MW would be
allocated pro-rata share as well? Should
the proposed policy be amended to
address how total generation in excess
of 36 MW will be handled?
Response: Southeastern states its goal
in the proposed policy is to allocate all
available and usable system power to
preference customers. The legacy
capacity value of 36 MW is used in the
proposed Marketing policy as a
denominator for calculating the pro-rata
share. Nameplate capacity is 48.165
MVA but maximum operating capacity
is limited to 43.345 MW. There are
many hours, depending on streamflow,
where the project generates less than 36
MW and hours where generation is
above 36 MW—up to the plant
maximum operating capacity. As a
‘‘run-of-the-river’’ project, there is
limited ability to dispatch against
streamflow. ‘‘Preference customers’’ are
those entities with customer contracts.
Preference customers would receive a
pro-rata share of energy generated.
Southeastern does not think an
amended Policy is needed to address
total energy allocations.
2. Comment: If the preference
customers do have access to their prorata share of the actual Project
generation each hour, under the new
contracts, what will the billing demand
determinant be based upon? Will it be
based upon the actual Project peak
generation for the month or capped at
the total 36 MW?
Response: The rate structure for Jim
Woodruff currently contains a metered
energy and a monthly demand charge.
This construct is subject to periodic
rate-development proceedings and will
be addressed there. The Jim Woodruff
rates are effective through September
30, 2026. Southeastern intends to keep
the current JW–1–L rate where monthly
billing demand will be based on
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
capacity allocations. Energy billing will
be based on the customer ratio-share of
monthly project net metered generation
at the bus-bar.
3. Comment: The proposed policy
states that the Final Marketing Policy
will be implemented through contracts
for terms not to exceed ten years and the
existing preference customers can
continue with their current allocated
shares of capacity. Will all PreferenceEligible customers listed in Appendix A
have access to a pro-rata share of the
total capacity of the Project capacity
after the end of the ten-year contracts
with the existing preference customers
(i.e., subject to the 500 kW limitation) or
will the existing preference customers
have right of first refusal?
Response: Southeastern’s marketing
area in the Final Policy is the entire
state of Florida and contains 53
preference-eligible public bodies and
cooperatives based on 2020 load
information. Southeastern currently has
contracts with six of these preferenceeligible entities. Southeastern does not
expect any additional power or energy
to be marketable for the foreseeable
future as a result of the Duke Energy
Florida contract termination so
Southeastern proposes to continue
arrangements with these six customers.
However, Southeastern has included a
mechanism in the proposed policy to
allow power and energy to be allocated
should any become available in the
future. Thus, the expiration of the initial
contract term could allow system power
or energy to be made available to other
preference-eligible customers. The
proposed policy does not convey a
‘‘right of first refusal’’ to any customer
nor an obligation on the government to
allocate a pro-rata share of the total
system capacity across all preferenceeligible customers at the end of the
contract term.
4. Comment: The proposed policy
states that ‘‘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’’.
What is meant by the term ‘‘reserves’’?
Response: Reserves include capacity
to meet station service needs and any
other operational requirements at the
Project.
5. Comment: Under the Utilization at
Utility Systems section of the proposed
policy, there is a statement that it may
be necessary for Southeastern to
contract with a third party to ‘‘dispose’’
of system power under ‘‘reasonable and
acceptable marketing arrangements’’. If
the preference customers are receiving a
pro-rata share of all of the output, when
E:\FR\FM\30OCN1.SGM
30OCN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
would a condition exist that would
result in the disposal of system power?
It is our understanding from the
February 2nd meeting that the
contracting preference customers will be
responsible for contracting with Duke
Energy Florida (DEF) for the
transmission of the Project power (either
network transmission service or
presumably point-to-point transmission
service for those preference customers
that need to wheel power across DEF’s
transmission system). We understand
that Southeastern will be entering into
an interconnection agreement with DEF.
Does Southeastern expect a need to
contract with DEF or another utility for
any other transmission or marketing
arrangement (i.e., other than the
interconnection agreement with DEF)?
Response: Dispose is referred to
Southeastern’s authorizing legislation,
section 5, Flood Control Act 1944, 16
U.S.C. 825s. The proposed policy
specifies delivery to the project bus-bar
(Point of Interconnection with DEF).
Southeastern may be required to enter
into a re-imbursement agreement with
the Host Balancing Authority (DEF) in
the event arrangements need to be
implemented to allow Jim Woodruff to
be treated as a Pseudo-Tied generator, as
that term is defined by the North
American Electric Reliability
Corporation. It is expected that if this
becomes necessary, it will be a financial
transaction and not a bartered marketing
arrangement.
6. Comment: For Seminole to
schedule the Project power each hour
under the DEF transmission agreement,
Seminole will require real time
telemetry access to the actual Project net
generation. Seminole will plan to
contact Carter Edge to make those
arrangements.
Response: Southeastern does not have
real-time telemetry at Jim Woodruff. It is
expected that this information is
available from DEF via the Eastern
Interconnection Data Sharing Network
(EIDSN).
7. Comment: The proposed power
marketing policy indicates it will be
implemented through contracts with
terms not to exceed ten years. How was
the ten-year term chosen? Why or under
what circumstances would the
Southeastern Power Administration
(‘‘SEPA’’) consider a term of less than
ten-years? Did SEPA consider a contract
term that lasts for the life of the project,
with rights for a preference customer to
exit earlier, if it desires to do so? Will
the terms of all preference customer
contracts have to be the same? To the
extent that other SEPA power marketing
policies have standard contract terms of
20 years, with evergreen provisions, the
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
Cities would urge SEPA that the Jim
Woodruff System Project should, at
least, have contract terms of the same
length.
Response: The proposed power
marketing policy supports the statutory
authority granted to the Administrator
in section 5 of the Flood Control Act of
1944, 16 U.S.C. 825s, allowing power
and energy not required in the operation
of project to be transmitted and sold in
such a manner to as to encourage the
most widespread use thereof at the
lowest rates possible to consumers
consistent with sound business
principles. Southeastern agrees that
providing for a contract term up to
twenty years would give maximum
flexibility in the negotiations under this
policy and will allow for contracts to be
entered into for a term greater than ten
years if necessary or if found desirable
during contract negotiations. Contracts
can be extended beyond the initial term
if acceptable by the parties.
8. Comment: The proposed power
marketing policy states: ‘‘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%
of the customer’s total power
requirements . . . .’’ Why are these
resale rate provisions necessary? And,
why do they only apply to a preference
customer whose supply from SEPA is
more than 25% of the customer’s total
power requirement? How the 25% is
calculated, and is it a one-time
calculation, or is it periodically redone
to pick up changes in total power
requirements? Will these resale rate
provisions apply to imbalance sales?
Specifically, does SEPA expect the
Cities to be subject to such resale rate
provisions? If so, it will be important
that the resale rate provisions not
conflict with the imbalance sale terms of
filed FERC tariffs for the relevant
transmission provider. Further, any
resale rate or other provisions should be
cognizant that the Cities are members of
a joint action agency and that there
needs to be a mechanism available for
the cities to integrate their wholesale
power supply needs with the portfolio
of the joint action agency, including the
possibility of assigning or transferring
the output of the SEPA power to the
joint action agency for the duration of
term the joint action agency may be
supplying the balance of each of the
City’s wholesale power needs.
Response: After review of
Southeastern’s other three marketing
areas the agency will modify the policy
to eliminate the Resale Rates section.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
74175
Southeastern will modify the policy to
add the Florida Municipal Power
Agency as a preference eligible
customer as it represents solely
municipal customers.
9. Comment: The proposed power
marketing policy indicates that SEPA
can dispose of system power under
reasonable and acceptable marketing
arrangements. Who determines the
reasonability and acceptability of the
marketing arrangements? Will there be
an opportunity for preference customers
to provide input on those
determinations? Under what
circumstances would SEPA anticipate
having to dispose of system power? To
the extent that SEPA does dispose of
system power, how will revenue from
those transactions be applied to SEPA’s
revenue requirements, as a credit to the
benefit of the preference customers? If
the disposal of system power results in
a net cost to SEPA, will preference
customers be responsible for any of that
cost and, if so, to what extent?
Response: Southeastern has used a
public participation process for
formulating power marketing policies
since 1978 with procedures outlined in
the Procedure for Public Participation in
the Formulation of Marketing Policy (43
FR 29186, 29187, July 6, 1978) to
dispose of system power. The Jim
Woodruff System will continue to be
hydraulically, electrically, and
financially integrated as a single project
system. Revenue requirements are
calculated to recover operating expenses
and the federal capital investment and
rates are set for the sale of power and
energy in excess of use at the project to
preference customers in a manner
consistent with sound business
principles. A periodic rate filing process
where costs and revenues are calculated
and shared via public forums allows for
public participation and rates to be
reviewed and approved by the Federal
Energy Regulatory Commission (FERC).
Southeastern will continue to use costbased rates subject to Congressional,
FERC and Department of Energy
mandates.
10. Comment: The proposed power
marketing policy states: ‘‘Each customer
purchasing Southeastern’s power shall
agree to take reasonable measures to
encourage the conservation of energy by
ultimate consumers.’’ Where will this
referenced agreement to encourage
conservation reside? As a part of the
project contracts, or elsewhere? Why is
this conservation encouragement
measure included here? Will SEPA
require quantitative or qualitative
tracking and reporting of conservation
encouragement measures? If efforts to
encourage conservation to not prove to
E:\FR\FM\30OCN1.SGM
30OCN1
74176
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
reduce energy consumption by a
preference customer’s ultimate
consumers, will that have a negative
impact on preference customers in any
manner?
Response: Power marketing policies
in other systems marketed by
Southeastern include the referenced
wording which encourages energy
conservation by preference customers
consistent with guidance in the
Department Energy Organization Act, 42
U.S.C. 7112 (1977), where departmental
elements are directed ‘‘to promote
maximum possible energy conservation
measures in connection with the
activities within their respective
jurisdictions.’’ Southeastern currently
has no plans for qualitative and
quantitative tracking of performance for
conservation measures employed by
ultimate users. This topic will be
addressed in customer contracts.
11. Comment: SEPA has indicated
that it will now have to enter into a
large generator interconnection
agreement (‘‘LGIA’’), and take
interconnection service, from Duke
Energy Florida (‘‘DEF’’), following the
termination of the existing DEF
arrangement with SEPA on April 20,
2024. If studies associated with the
LGIA indicate system impacts on the
DEF system, that have to be paid for by
SEPA to receive interconnection service,
when does SEPA expect to receive those
cost estimates? Assuming that there are
any costs that must be paid to DEF
under the LGIA, the Cities expect those
costs to be borne proportionately
through rates by each of the preference
customers. Under any circumstance,
would that not be the case? If there are
costs that have to be paid to DEF for
interconnection service, subject to
refund, how will those refund amounts
be distributed to preference customers?
Response: Southeastern does not
anticipate initial or normal recurring
costs associated with implementing the
LGIA with Duke Energy Florida. Any
special occurrence costs would be
accounted for in a manner acceptable to
Southeastern and the preference
customers in the rate setting process.
12. Comment: The SeFPC supports
the following determinations made by
SEPA in the proposed policy:
1. SEPA will follow the guidance of
the Flood Control Act of 1944;
2. SEPA will deliver power at the busbar and pursue appropriate rate design
and operational solutions to maintain
‘‘the Jim Woodruff system financially,
electrically, and hydraulically
independent of any other Southeastern
system’’;
3. Considering the equitable
contributions made by existing SEPA
customers who receive the benefit of the
Jim Woodruff system;
4. Continuing with the allocated share
of capacity for existing customers;
5. Including a process for the
distribution of Renewable Energy
Certificates (‘‘RECs’’) for preference
customers of the Jim Woodruff system;
and
6. Declaring that no rates will be
established for the RECs.
The proposed policy indicates that
the existing customers will be offered
new contracts for a term of ten years
upon the adoption of the marketing
policy. The ten-year term reflects an
approach adopted by SEPA forty years
ago with the Cumberland System of
Projects. Since that time, SEPA has
adopted approaches for other marketing
areas which provide assurances for the
availability of the preference resource
for a longer term. Notably, although
SEPA proposed a ten-year term for the
customers of the Kerr-Philpott projects,
SEPA explained that ‘‘contracts can be
extended if acceptable by all parties.’’
Nine years later, SEPA was encouraged
to allow for contracts up to twenty years
for the Georgia-Alabama-South Carolina
(‘‘GA–AL–SC’’) system of projects.
SEPA agreed explaining that providing
for contracts for a term up to twenty
years would ‘‘give maximum flexibility
in the negotiation of contracts under
[the] policy and will allow for contracts
to be entered into for a term of greater
than ten years if necessary or if found
desirable during contract negotiations.’’
Capacity
(kw)
Name
khammond on DSKJM1Z7X2PROD with NOTICES
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
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
36,000
Frm 00035
Fmt 4703
Final Power Marketing Policy
Jim Woodruff System Project
General: The project and power
products subject to this policy are:
Average
energy
(MWh)
193,530
Energy attribute
Renewable Energy Certificate.
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,
PO 00000
The most recent marketing policy for
the GA–AL–SC system of projects
provides the most recent approach for
determining contract length. Many of
the customers in the GA–AL–SC
marketing area purchase power from
SEPA under twenty-year contracts.
SEPA should follow the same approach
adopted in the GA–AL–SC marketing
policy and provide for twenty-year
contracts during negotiations on final
contract terms. Similarly, SEPA should
also include an evergreen clause to
allow for renewal of the contract. This
approach would track the sentiment
expressed in the Kerr-Philpott
marketing policy in which contracts
should be renewed if acceptable to all
parties.
Response: Southeastern agrees that
providing for a contract term up to
twenty years would give maximum
flexibility in the negotiations under this
policy and will allow for contracts to be
entered into for a term greater than ten
years if necessary or if found desirable
during contract negotiations.
Changes or modifications in the Final
Power Marketing Policy: It was
determined to allow for contracts to be
entered into for a period of time greater
than ten years if necessary or if found
desirable during contract negotiations
(see comments 7 and 12).
The Resale Rates section has been
eliminated and will be addressed in
contract negotiations to ensure the
ultimate customer is benefiting from the
Federal Hydropower Program. The
Florida Municipal Power Agency was
added to the list of preference eligible
customers given two of the
municipalities they represent have
allocations from the Jim Woodruff
Project bringing the total to 53
preference eligible customers in the
policy (see comment 8).
Sfmt 4703
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.
E:\FR\FM\30OCN1.SGM
30OCN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
The Final Marketing Policy will be
implemented through negotiated
contracts terms of approximately ten
years but may be negotiated for terms of
up to 20 years with consideration for
extensions if acceptable to all parties
during contract negotiations.
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
53 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 kW. Southeastern recognizes
that West Florida Electric Cooperative
Association Incorporated was
previously included in Jim Woodruff
allocations but is now served by
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
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, 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
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
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
74177
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.
Conservation Measures: Each
customer purchasing Southeastern’s
power shall agree to take reasonable
measures to encourage the conservation
of energy by ultimate consumers.
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
1021: B4.1 (Contracts, policies, and
marketing and allocation plans for
electric power). Categorically excluded
projects and activities do not require
E:\FR\FM\30OCN1.SGM
30OCN1
74178
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
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.
Signing Authority
This document of the Department of
Energy was signed on October 11, 2023,
by Virgil G. Hobbs III, Administrator,
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 October 25,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
Appendix A: Preference-Eligible Customers
Municipals
2020 Peak load MW
Alachua .................................................................................................................................................................................................................
Bartow ...................................................................................................................................................................................................................
Blountstown ...........................................................................................................................................................................................................
Bushnell .................................................................................................................................................................................................................
Chattahoochee ......................................................................................................................................................................................................
Clewiston ...............................................................................................................................................................................................................
Florida Municipal Power Agency ..........................................................................................................................................................................
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 ...........................................................................................................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Cooperatives
2020 Peak load MW
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) ...................................................................................................................................................................
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
PO 00000
Frm 00037
Fmt 4703
28
60
8
6
6
22
1,512
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
Sfmt 9990
E:\FR\FM\30OCN1.SGM
30OCN1
131
219
788
43
60
86
970
178
205
2,027
865
119
213
60
123
1,002
156
3,409
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices
You may also send comments,
identified by Docket ID No. EPA–R08–
SFUND–2023–0488 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
[FR Doc. 2023–23906 Filed 10–27–23; 8:45 a.m.]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
Administrative Settlement Agreement,
Commodore Mining Company, Del
Monte Mining Company, Kanawha
Mines, LLC, Settling Parties, Mineral
County, Colorado, Purchaser
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed agreement;
request for public comment.
AGENCY:
Notice is hereby given by the
U.S. Environmental Protection Agency
(EPA), Region 8, of an Administrative
Settlement Agreement between the
United States on behalf of the EPA, the
State of Colorado, Commodore Mining
Company, Del Monte Mining Company,
Kanawha Mines, LLC, and Mineral
County, Colorado (collectively
‘‘Parties’’), at the Nelson Tunnel/
Commodore Waste Rock Superfund Site
in Mineral County, Colorado. The
settlement provides that settling Parties
will transfer certain mining claims to
purchaser, which will in turn support
purchaser’s efforts to preserve the
important historical structures on these
mining claims. The Parties acknowledge
that this settlement is structured to
support purchaser’s efforts to stabilize
and preserve the historical structures. In
exchange, this settlement resolves the
settling Parties’ alleged civil liability for
the site. In exchange, this settlement
also resolves purchaser’s potential
CERCLA liability.
DATES: Comments must be submitted on
or before November 29, 2023.
ADDRESSES: The proposed agreement
and additional background information
relating to the agreement will be
available upon request and will be
posted at https://www.epa.gov/
superfund/nelson-tunnel. Comments
and requests for an electronic copy of
the proposed agreement should be
addressed to Natalie Timmons,
Enforcement Specialist, Superfund and
Emergency Management Division,
Environmental Protection Agency—
Region 8, Mail Code 8SEM–PAC, 1595
Wynkoop Street, Denver, Colorado
80202, telephone number: (303) 312–
6385 or email address:
timmons.natalie@epa.gov and should
reference the Nelson Tunnel/
Commodore Waste Rock Superfund
Site.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:18 Oct 27, 2023
Jkt 262001
Erin
Agee, Assistant Regional Counsel, Office
of Regional Counsel, Environmental
Protection Agency, Region 8, Mail Code
8 ORC–LEC, 1595 Wynkoop, Denver,
Colorado 80202, telephone number:
(303) 312–6374, email address:
agee.erin@epa.gov.
FOR FURTHER INFORMATION CONTACT:
[EPA–R08–SFUND–2023–0488; FRL–11438–
01–R8]
For thirty
(30) days following the date of
publication of this document, the
Agency will receive written comments
relating to the agreement. The Agency
will consider all comments received and
may modify or withdraw its consent to
the agreement if comments received
disclose facts or considerations that
indicate that the agreement is
inappropriate, improper, or inadequate.
SUPPLEMENTARY INFORMATION:
Ben Bielenberg,
Acting Division Director, Superfund and
Emergency Management Division, Region 8.
[FR Doc. 2023–23804 Filed 10–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
74179
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, 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.
II. Correction
In the Federal Register of October 18,
2023, in FR Doc. 2023–22996, on pages
71853 and 71854 (Table 1), EPA
mistakenly included cyflumetofen in
the list of registration review cases with
PWPs that are available for public
comment. EPA will make the
cyflumetofen PWP available for public
comment at a later date and will
announce its release in a future Federal
Register notice.
Authority: 7 U.S.C. 136 et seq.
Dated: October 24, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2023–23920 Filed 10–27–23; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2022–0194; FRL–11374–02–
OCSPP]
Pesticide Registration Review:
Pesticide Dockets Opened for Review
and Comment; Notice of Availability;
Correction
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Notice; correction.
EPA issued a notice in the
Federal Register of October 18, 2023,
announcing the availability of
preliminary work plans (PWPs) for the
following chemicals: Aureobasidium
pullulans and cyflumetofen. EPA
mistakenly included cyflumetofen in
the list of chemicals with available
PWPs. This document corrects that error
by deleting cyflumetofen from the list.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Susan Bartow, Pesticide Re-evaluation
Division (7508M), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 566–2280; email address:
bartow.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 181592]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) has modified an existing
system of records, FCC/OMD–17,
Freedom of Information Act (FOIA) and
Privacy Act Requests, subject to the
Privacy Act of 1974, as amended. This
action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice of
the existence and character of records
maintained by the agency. The FCC’s
Office of the Managing Director (OMD)
will use the FCC FOIA Case
Management Solution, an online portal,
to accept, manage, and track Freedom of
Information Act (FOIA) requests and
appeals, and manage and track Privacy
Act requests and appeals through their
SUMMARY:
E:\FR\FM\30OCN1.SGM
30OCN1
Agencies
[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74173-74179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23906]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Southeastern Power Administration
Notice of Issuance of Final Power Marketing Policy, for the Jim
Woodruff System Project
AGENCY: Southeastern Power Administration (Southeastern), DOE.
[[Page 74174]]
ACTION: Notice of final power marketing policy.
-----------------------------------------------------------------------
SUMMARY: The Administrator has adopted the attached Final Power
Marketing Policy for the Jim Woodruff System Project. The policy will
be effective thirty days after publication in the Federal Register. The
policy was developed in accordance with Southeastern's Procedure for
Public Participation in the Formulation of Marketing Policy published
July 6, 1978, pursuant to a notice of intent to formulate a power
marketing policy published in the Federal Register of August 5, 2022,
and a proposed policy published in the Federal Register of April 7,
2023. A public comment forum was held via a virtual web based meeting
on June 8, 2023. Comments were due on or before June 23, 2023. Twelve
comments were received relative to the proposed policy. The
Administrator appointed a Staff Committee to prepare a Staff Evaluation
of all oral and written comments and responses received by Southeastern
and to make appropriate recommendations. The Staff Evaluation was
completed on Sept 5, 2023. Following the Staff Evaluation, the
Administrator decided to adopt the policy as modified.
SUPPLEMENTARY INFORMATION:
The Final Power Marketing Policy sets forth the guidelines which
Southeastern will follow in the future disposition of power from the
Jim Woodruff System. The policy covers power from the Jim Woodruff
project and establishes the marketing area and specifies the allocation
of power to area preference customers. The policy also deals with
utilization of area utility systems for essential purposes, wholesale
rates, and energy and economic efficiency measures.
Southeastern has determined this action fits within the following
categorical exclusions listed in appendix B to subpart D of 10 CFR
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.
A recital of the primary comments regarding the proposed power
marketing policy, responses to those comments, and specific decisions
and changes in the proposed power marketing policy approved by the
Administrator precede the text of the final policy as adopted.
Primary Comments and Responses
1. Comment: The proposed policy states that the Jim Woodruff Lock
and Dam (Project) has a total capacity of 36 MW. The Policy also lists
the capacity allocations for each of the current preference customers
which adds up to the total 36 MW. It was our understanding from SEPA's
February 2, 2023, presentation that the total installed capacity of the
Project is 43.345 MW, and the preference customers will have access to
the total generation each hour measured at the busbar based upon each
preference customer's pro-rata share. The proposed policy states that
if the actual generation is less than the allocated capacity in any
hour then the amount delivered to each preference customer will be
reduced, pro-rata; however, the proposed policy is silent as to what
happens if the actual generation in any hour is in excess of the 36 MW.
Is it the intention that any generation in excess of 36 MW would be
allocated pro-rata share as well? Should the proposed policy be amended
to address how total generation in excess of 36 MW will be handled?
Response: Southeastern states its goal in the proposed policy is to
allocate all available and usable system power to preference customers.
The legacy capacity value of 36 MW is used in the proposed Marketing
policy as a denominator for calculating the pro-rata share. Nameplate
capacity is 48.165 MVA but maximum operating capacity is limited to
43.345 MW. There are many hours, depending on streamflow, where the
project generates less than 36 MW and hours where generation is above
36 MW--up to the plant maximum operating capacity. As a ``run-of-the-
river'' project, there is limited ability to dispatch against
streamflow. ``Preference customers'' are those entities with customer
contracts. Preference customers would receive a pro-rata share of
energy generated. Southeastern does not think an amended Policy is
needed to address total energy allocations.
2. Comment: If the preference customers do have access to their
pro-rata share of the actual Project generation each hour, under the
new contracts, what will the billing demand determinant be based upon?
Will it be based upon the actual Project peak generation for the month
or capped at the total 36 MW?
Response: The rate structure for Jim Woodruff currently contains a
metered energy and a monthly demand charge. This construct is subject
to periodic rate-development proceedings and will be addressed there.
The Jim Woodruff rates are effective through September 30, 2026.
Southeastern intends to keep the current JW-1-L rate where monthly
billing demand will be based on capacity allocations. Energy billing
will be based on the customer ratio-share of monthly project net
metered generation at the bus-bar.
3. Comment: The proposed policy states that the Final Marketing
Policy will be implemented through contracts for terms not to exceed
ten years and the existing preference customers can continue with their
current allocated shares of capacity. Will all Preference-Eligible
customers listed in Appendix A have access to a pro-rata share of the
total capacity of the Project capacity after the end of the ten-year
contracts with the existing preference customers (i.e., subject to the
500 kW limitation) or will the existing preference customers have right
of first refusal?
Response: Southeastern's marketing area in the Final Policy is the
entire state of Florida and contains 53 preference-eligible public
bodies and cooperatives based on 2020 load information. Southeastern
currently has contracts with six of these preference-eligible entities.
Southeastern does not expect any additional power or energy to be
marketable for the foreseeable future as a result of the Duke Energy
Florida contract termination so Southeastern proposes to continue
arrangements with these six customers. However, Southeastern has
included a mechanism in the proposed policy to allow power and energy
to be allocated should any become available in the future. Thus, the
expiration of the initial contract term could allow system power or
energy to be made available to other preference-eligible customers. The
proposed policy does not convey a ``right of first refusal'' to any
customer nor an obligation on the government to allocate a pro-rata
share of the total system capacity across all preference-eligible
customers at the end of the contract term.
4. Comment: The proposed policy states that ``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''. What is meant
by the term ``reserves''?
Response: Reserves include capacity to meet station service needs
and any other operational requirements at the Project.
5. Comment: Under the Utilization at Utility Systems section of the
proposed policy, there is a statement that it may be necessary for
Southeastern to contract with a third party to ``dispose'' of system
power under ``reasonable and acceptable marketing arrangements''. If
the preference customers are receiving a pro-rata share of all of the
output, when
[[Page 74175]]
would a condition exist that would result in the disposal of system
power? It is our understanding from the February 2nd meeting that the
contracting preference customers will be responsible for contracting
with Duke Energy Florida (DEF) for the transmission of the Project
power (either network transmission service or presumably point-to-point
transmission service for those preference customers that need to wheel
power across DEF's transmission system). We understand that
Southeastern will be entering into an interconnection agreement with
DEF. Does Southeastern expect a need to contract with DEF or another
utility for any other transmission or marketing arrangement (i.e.,
other than the interconnection agreement with DEF)?
Response: Dispose is referred to Southeastern's authorizing
legislation, section 5, Flood Control Act 1944, 16 U.S.C. 825s. The
proposed policy specifies delivery to the project bus-bar (Point of
Interconnection with DEF). Southeastern may be required to enter into a
re-imbursement agreement with the Host Balancing Authority (DEF) in the
event arrangements need to be implemented to allow Jim Woodruff to be
treated as a Pseudo-Tied generator, as that term is defined by the
North American Electric Reliability Corporation. It is expected that if
this becomes necessary, it will be a financial transaction and not a
bartered marketing arrangement.
6. Comment: For Seminole to schedule the Project power each hour
under the DEF transmission agreement, Seminole will require real time
telemetry access to the actual Project net generation. Seminole will
plan to contact Carter Edge to make those arrangements.
Response: Southeastern does not have real-time telemetry at Jim
Woodruff. It is expected that this information is available from DEF
via the Eastern Interconnection Data Sharing Network (EIDSN).
7. Comment: The proposed power marketing policy indicates it will
be implemented through contracts with terms not to exceed ten years.
How was the ten-year term chosen? Why or under what circumstances would
the Southeastern Power Administration (``SEPA'') consider a term of
less than ten-years? Did SEPA consider a contract term that lasts for
the life of the project, with rights for a preference customer to exit
earlier, if it desires to do so? Will the terms of all preference
customer contracts have to be the same? To the extent that other SEPA
power marketing policies have standard contract terms of 20 years, with
evergreen provisions, the Cities would urge SEPA that the Jim Woodruff
System Project should, at least, have contract terms of the same
length.
Response: The proposed power marketing policy supports the
statutory authority granted to the Administrator in section 5 of the
Flood Control Act of 1944, 16 U.S.C. 825s, allowing power and energy
not required in the operation of project to be transmitted and sold in
such a manner to as to encourage the most widespread use thereof at the
lowest rates possible to consumers consistent with sound business
principles. Southeastern agrees that providing for a contract term up
to twenty years would give maximum flexibility in the negotiations
under this policy and will allow for contracts to be entered into for a
term greater than ten years if necessary or if found desirable during
contract negotiations. Contracts can be extended beyond the initial
term if acceptable by the parties.
8. Comment: The proposed power marketing policy states: ``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% of the customer's total power requirements . . . .'' Why
are these resale rate provisions necessary? And, why do they only apply
to a preference customer whose supply from SEPA is more than 25% of the
customer's total power requirement? How the 25% is calculated, and is
it a one-time calculation, or is it periodically redone to pick up
changes in total power requirements? Will these resale rate provisions
apply to imbalance sales? Specifically, does SEPA expect the Cities to
be subject to such resale rate provisions? If so, it will be important
that the resale rate provisions not conflict with the imbalance sale
terms of filed FERC tariffs for the relevant transmission provider.
Further, any resale rate or other provisions should be cognizant that
the Cities are members of a joint action agency and that there needs to
be a mechanism available for the cities to integrate their wholesale
power supply needs with the portfolio of the joint action agency,
including the possibility of assigning or transferring the output of
the SEPA power to the joint action agency for the duration of term the
joint action agency may be supplying the balance of each of the City's
wholesale power needs.
Response: After review of Southeastern's other three marketing
areas the agency will modify the policy to eliminate the Resale Rates
section. Southeastern will modify the policy to add the Florida
Municipal Power Agency as a preference eligible customer as it
represents solely municipal customers.
9. Comment: The proposed power marketing policy indicates that SEPA
can dispose of system power under reasonable and acceptable marketing
arrangements. Who determines the reasonability and acceptability of the
marketing arrangements? Will there be an opportunity for preference
customers to provide input on those determinations? Under what
circumstances would SEPA anticipate having to dispose of system power?
To the extent that SEPA does dispose of system power, how will revenue
from those transactions be applied to SEPA's revenue requirements, as a
credit to the benefit of the preference customers? If the disposal of
system power results in a net cost to SEPA, will preference customers
be responsible for any of that cost and, if so, to what extent?
Response: Southeastern has used a public participation process for
formulating power marketing policies since 1978 with procedures
outlined in the Procedure for Public Participation in the Formulation
of Marketing Policy (43 FR 29186, 29187, July 6, 1978) to dispose of
system power. The Jim Woodruff System will continue to be
hydraulically, electrically, and financially integrated as a single
project system. Revenue requirements are calculated to recover
operating expenses and the federal capital investment and rates are set
for the sale of power and energy in excess of use at the project to
preference customers in a manner consistent with sound business
principles. A periodic rate filing process where costs and revenues are
calculated and shared via public forums allows for public participation
and rates to be reviewed and approved by the Federal Energy Regulatory
Commission (FERC). Southeastern will continue to use cost-based rates
subject to Congressional, FERC and Department of Energy mandates.
10. Comment: The proposed power marketing policy states: ``Each
customer purchasing Southeastern's power shall agree to take reasonable
measures to encourage the conservation of energy by ultimate
consumers.'' Where will this referenced agreement to encourage
conservation reside? As a part of the project contracts, or elsewhere?
Why is this conservation encouragement measure included here? Will SEPA
require quantitative or qualitative tracking and reporting of
conservation encouragement measures? If efforts to encourage
conservation to not prove to
[[Page 74176]]
reduce energy consumption by a preference customer's ultimate
consumers, will that have a negative impact on preference customers in
any manner?
Response: Power marketing policies in other systems marketed by
Southeastern include the referenced wording which encourages energy
conservation by preference customers consistent with guidance in the
Department Energy Organization Act, 42 U.S.C. 7112 (1977), where
departmental elements are directed ``to promote maximum possible energy
conservation measures in connection with the activities within their
respective jurisdictions.'' Southeastern currently has no plans for
qualitative and quantitative tracking of performance for conservation
measures employed by ultimate users. This topic will be addressed in
customer contracts.
11. Comment: SEPA has indicated that it will now have to enter into
a large generator interconnection agreement (``LGIA''), and take
interconnection service, from Duke Energy Florida (``DEF''), following
the termination of the existing DEF arrangement with SEPA on April 20,
2024. If studies associated with the LGIA indicate system impacts on
the DEF system, that have to be paid for by SEPA to receive
interconnection service, when does SEPA expect to receive those cost
estimates? Assuming that there are any costs that must be paid to DEF
under the LGIA, the Cities expect those costs to be borne
proportionately through rates by each of the preference customers.
Under any circumstance, would that not be the case? If there are costs
that have to be paid to DEF for interconnection service, subject to
refund, how will those refund amounts be distributed to preference
customers?
Response: Southeastern does not anticipate initial or normal
recurring costs associated with implementing the LGIA with Duke Energy
Florida. Any special occurrence costs would be accounted for in a
manner acceptable to Southeastern and the preference customers in the
rate setting process.
12. Comment: The SeFPC supports the following determinations made
by SEPA in the proposed policy:
1. SEPA will follow the guidance of the Flood Control Act of 1944;
2. SEPA will deliver power at the bus-bar and pursue appropriate
rate design and operational solutions to maintain ``the Jim Woodruff
system financially, electrically, and hydraulically independent of any
other Southeastern system'';
3. Considering the equitable contributions made by existing SEPA
customers who receive the benefit of the Jim Woodruff system;
4. Continuing with the allocated share of capacity for existing
customers;
5. Including a process for the distribution of Renewable Energy
Certificates (``RECs'') for preference customers of the Jim Woodruff
system; and
6. Declaring that no rates will be established for the RECs.
The proposed policy indicates that the existing customers will be
offered new contracts for a term of ten years upon the adoption of the
marketing policy. The ten-year term reflects an approach adopted by
SEPA forty years ago with the Cumberland System of Projects. Since that
time, SEPA has adopted approaches for other marketing areas which
provide assurances for the availability of the preference resource for
a longer term. Notably, although SEPA proposed a ten-year term for the
customers of the Kerr-Philpott projects, SEPA explained that
``contracts can be extended if acceptable by all parties.'' Nine years
later, SEPA was encouraged to allow for contracts up to twenty years
for the Georgia-Alabama-South Carolina (``GA-AL-SC'') system of
projects. SEPA agreed explaining that providing for contracts for a
term up to twenty years would ``give maximum flexibility in the
negotiation of contracts under [the] policy and will allow for
contracts to be entered into for a term of greater than ten years if
necessary or if found desirable during contract negotiations.''
The most recent marketing policy for the GA-AL-SC system of
projects provides the most recent approach for determining contract
length. Many of the customers in the GA-AL-SC marketing area purchase
power from SEPA under twenty-year contracts. SEPA should follow the
same approach adopted in the GA-AL-SC marketing policy and provide for
twenty-year contracts during negotiations on final contract terms.
Similarly, SEPA should also include an evergreen clause to allow for
renewal of the contract. This approach would track the sentiment
expressed in the Kerr-Philpott marketing policy in which contracts
should be renewed if acceptable to all parties.
Response: Southeastern agrees that providing for a contract term up
to twenty years would give maximum flexibility in the negotiations
under this policy and will allow for contracts to be entered into for a
term greater than ten years if necessary or if found desirable during
contract negotiations.
Changes or modifications in the Final Power Marketing Policy: It
was determined to allow for contracts to be entered into for a period
of time greater than ten years if necessary or if found desirable
during contract negotiations (see comments 7 and 12).
The Resale Rates section has been eliminated and will be addressed
in contract negotiations to ensure the ultimate customer is benefiting
from the Federal Hydropower Program. The Florida Municipal Power Agency
was added to the list of preference eligible customers given two of the
municipalities they represent have allocations from the Jim Woodruff
Project bringing the total to 53 preference eligible customers in the
policy (see comment 8).
Final Power Marketing Policy
Jim Woodruff System Project
General: The project and power products subject to this policy are:
----------------------------------------------------------------------------------------------------------------
Average energy
Name Capacity (kw) (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.
[[Page 74177]]
The Final Marketing Policy will be implemented through negotiated
contracts terms of approximately ten years but may be negotiated for
terms of up to 20 years with consideration for extensions if acceptable
to all parties during contract negotiations.
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 53 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 kW. 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 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.
Conservation Measures: Each customer purchasing Southeastern's
power shall agree to take reasonable measures to encourage the
conservation of energy by ultimate consumers.
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
1021: B4.1 (Contracts, policies, and marketing and allocation plans for
electric power). Categorically excluded projects and activities do not
require
[[Page 74178]]
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.
Signing Authority
This document of the Department of Energy was signed on October 11,
2023, by Virgil G. Hobbs III, Administrator, 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 October 25, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Appendix A: Preference-Eligible Customers
------------------------------------------------------------------------
Municipals 2020 Peak load MW
------------------------------------------------------------------------
Alachua........................................ 28
Bartow......................................... 60
Blountstown.................................... 8
Bushnell....................................... 6
Chattahoochee.................................. 6
Clewiston...................................... 22
Florida Municipal Power Agency................. 1,512
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
------------------------------------------------------------------------
------------------------------------------------------------------------
Cooperatives 2020 Peak load 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
------------------------------------------------------------------------
[[Page 74179]]
[FR Doc. 2023-23906 Filed 10-27-23; 8:45 a.m.]
BILLING CODE 6450-01-P