Proposed Modifications to Open Access Transmission Tariff; Public Hearing and Opportunities for Public Review and Comment, 76744-76747 [2023-24469]
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
transparency in the operational
performance of all authorized public
chartering agencies, including State
educational agencies, local educational
agencies, and other authorizing entities.
The U.S. Department of Education
(ED) is requesting authorization to
collect data from CSP grantees within
the CMO program through a new online
platform. In 2022, ED began
development of a new data collection
system, the Charter Online Management
and Performance System (COMPS),
designed specifically to reduce the
burden of reporting for users and
increase validity of the overall data.
This new collection consists of
questions responsive to the actions
established in the program’s final rule
published in the Federal Register on
July 6, 2022, as well as the CMO
program Notice Inviting Applications
(NIA). This collection request is a
consolidation of all previously
established program data collection
efforts and provides a more
comprehensive representation of grantee
performance.
Dated: November 1, 2023.
Kun Mullan,
PRA Coordinator, Strategic Collections and
Clearance, Governance and Strategy Division,
Office of Chief Data Officer, Office of
Planning, Evaluation and Policy
Development.
[FR Doc. 2023–24535 Filed 11–6–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
[Docket No.: ED–2023–SCC–0131]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request; eZAudit: Electronic Submission of 90/10
Revenue Attestations for Proprietary
Institutions
Federal Student Aid (FSA),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA) of
1995, the Department is proposing a
new information collection request
(ICR).
SUMMARY:
Interested persons are invited to
submit comments on or before
December 7, 2023.
ADDRESSES: Written comments and
recommendations for proposed
information collection requests should
be submitted within 30 days of
publication of this notice. Click on this
link www.reginfo.gov/public/do/
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DATES:
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PRAMain to access the site. Find this
information collection request (ICR) by
selecting ‘‘Department of Education’’
under ‘‘Currently Under Review,’’ then
check the ‘‘Only Show ICR for Public
Comment’’ checkbox. Reginfo.gov
provides two links to view documents
related to this information collection
request. Information collection forms
and instructions may be found by
clicking on the ‘‘View Information
Collection (IC) List’’ link. Supporting
statements and other supporting
documentation may be found by
clicking on the ‘‘View Supporting
Statement and Other Documents’’ link.
For
specific questions related to collection
activities, please contact Beth
Grebeldinger, 202–377–4018.
FOR FURTHER INFORMATION CONTACT:
The
Department is especially interested in
public comment addressing the
following issues: (1) is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: eZ-Audit:
Electronic Submission of 90/10 Revenue
Attestations for Proprietary Institutions.
OMB Control Number: 1845–NEW.
Type of Review: A new ICR.
Respondents/Affected Public: Private
Sector.
Total Estimated Number of Annual
Responses: 157,500.
Total Estimated Number of Annual
Burden Hours: 2,042.
Abstract: This is a new information
collection request for the eZ-Audit—
Electronic Submission of 90/10 Revenue
Attestation for Proprietary Institutions.
The request includes updates to the
collection for domestic and foreign
proprietary/for-profit schools’ 90/10
Revenue Attestation, and updates to the
90/10 Revenue Attestation calculation
and reporting requirements per The
American Rescue Plan of 2021 (ARP)
which amended the Higher Education
Act (HEA) of 1965 and the update in
regulatory requirements made to 34 CFR
668.28.
SUPPLEMENTARY INFORMATION:
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Dated: November 1, 2023.
Kun Mullan,
PRA Coordinator, Strategic Collections and
Clearance, Governance and Strategy Division,
Office of Chief Data Officer, Office of
Planning, Evaluation and Policy
Development.
[FR Doc. 2023–24533 Filed 11–6–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Bonneville Power Administration
[BPA File No.: TC–25]
Proposed Modifications to Open
Access Transmission Tariff; Public
Hearing and Opportunities for Public
Review and Comment
Bonneville Power
Administration (Bonneville),
Department of Energy (DOE).
ACTION: Notice of public hearing and
opportunity to review and comment.
AGENCY:
Bonneville is initiating a
proceeding pursuant to Bonneville’s
open access transmission tariff (Tariff)
and the Federal Power Act to modify the
non-rate terms and conditions for
transmission and interconnection
services in the Tariff. The proposed
modifications to Bonneville’s Tariff
implement a first-ready, first-served
cluster study process for all new large
generator interconnection requests and
establish the transition process available
for pending requests received in
Bonneville’s queue as of 15 days after
publication of this notice. The proposed
modifications will be effective on June
30, 2024. Bonneville has designated this
proceeding Docket No. TC–25.
DATES: Prehearing Conference: The TC–
25 tariff proceeding will begin with a
prehearing conference, which will be
held virtually via WebEx at 10 a.m. on
Tuesday, November 14, 2023.
Intervention: Anyone intending to
become a party to the TC–25 tariff
proceeding must file a petition to
intervene on Bonneville’s secure
website. Petitions to intervene may be
filed beginning on the date of
publication of this notice and are due no
later than 4:30 p.m. on Thursday,
November 16, 2023. Part III of this
notice, ‘‘Public Participation in TC–25,’’
provides details on requesting access to
the secure website and filing a petition
to intervene.
ADDRESSES: Interested parties may
obtain call-in information by accessing
Bonneville’s TC–25 tariff proceeding
web page at https://www.bpa.gov/goto/
tc25 or by contacting the Hearing Clerk
at tc25clerk@gmail.com.
SUMMARY:
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Participant Comments: Written
comments by non-party participants
must be received by Wednesday,
November 22, 2023, to be considered in
the Hearing Officer’s recommended
decision and the Administrator’s Record
of Decision (ROD). See Part III of this
notice for more information about
submitting participant comments.
FOR FURTHER INFORMATION CONTACT:
Nicholas Quinata, DKP–7, BPA
Communications, Bonneville Power
Administration, P.O. Box 3621,
Portland, Oregon 97208; by phone tollfree at 1–800–622–4519; or by email to
nyquinata@bpa.gov.
The Hearing Clerk for this proceeding
can be reached via email at tc25clerk@
gmail.com or via telephone at (503)
479–8506.
Please direct questions regarding
Bonneville’s secure website to the
Hearing Coordinator via email at
cwgriffen@bpa.gov or, if the question is
time-sensitive, via telephone at (503)
230–5107.
Responsible Official: Rebecca
Fredrickson, Manager of Transmission
Rates, Tariff, Regulatory and
Compliance, is the official responsible
for the development of Bonneville’s
open access transmission tariff.
SUPPLEMENTARY INFORMATION:
Table of Contents
Part I. Introduction and Procedural Matters
Part II. Scope of TC–25 Tariff Proceeding
Part III. Public Participation in TC–25
Part IV. Summary of Proposed Modifications
to Bonneville’s Tariff
Part V. Proposed Tariff
Part I—Introduction and Procedural
Matters
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A. Introduction and Procedural
Background
The Bonneville Project Act of 1937, as
reaffirmed in the Pacific Northwest
Electric Power Planning and
Conservation Act, grants the Bonneville
Administrator broad authority to enter
into contracts upon such terms and
conditions and in such manner as the
Bonneville Administrator may deem
necessary. Bonneville’s Tariff provides
the generally applicable terms and
conditions for transmission and
interconnection service across the
Federal Columbia River Transmission
System (FCRTS). Section 9 of the Tariff
provides that the Bonneville
Administrator may use the procedures
set forth in Section 212(i)(2)(A) of the
Federal Power Act to establish and
modify non-rate terms and conditions of
the Tariff. The Section 212(i)(2)(A)
procedures include giving notice in the
Federal Register and conducting a
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hearing that adheres to the procedural
requirements of paragraphs (1) through
(3) of Section 7(i) of the Northwest
Power Act, 16 U.S.C. 839e(i) (the same
procedures Bonneville uses to set rates).
In accordance with these procedures,
the Hearing Officer conducts one or
more hearings as expeditiously as
practicable to develop a full and
complete record. Unless the Hearing
Officer becomes unavailable to
Bonneville, upon conclusion of the
hearing, the Hearing Officer shall make
a recommended decision to the
Bonneville Administrator, and the
Bonneville Administrator then makes a
separate and final determination to
establish or modify the Tariff terms and
conditions (discussed further in Part III,
Section C of this notice).
Bonneville’s Rules of Procedure
govern the TC–25 tariff proceedings.
The rules are posted on Bonneville’s
website at https://www.bpa.gov/energyand-services/rate-and-tariffproceedings/rules-of-procedurerevision-process.
B. Proposed Settlement for
Modifications to the Tariff
Starting in June, Bonneville engaged
its transmission and interconnection
customers and stakeholders in an
attempt to reach settlement of the
modifications to the Tariff for the TC–
25 tariff proceeding. These discussions
have resulted in the TC–25 Settlement
Agreement, which includes the
proposed Tariff modifications
Bonneville is proposing to adopt in the
TC–25 tariff proceeding. On September
1, 2023, Bonneville posted the TC–25
Settlement Agreement on Bonneville’s
website and set a deadline of September
15, 2023, for customers and
stakeholders to inform Bonneville of
any objections to the settlement.
Bonneville did not receive any
objections by the deadline. A summary
of Bonneville’s proposed Tariff
modifications is provided in Part IV of
this notice. A link to the TC–25
Settlement Agreement and proposed
Tariff are provided in Part V.
The TC–25 Settlement Agreement
calls for Bonneville to file a motion with
the Hearing Officer to establish a
deadline for parties to either object to
the proposed settlement or waive the
right to contest the settlement. If no
parties object to the settlement by the
deadline set by the Hearing Officer,
Bonneville’s motion would request the
Hearing Officer to issue a decision
recommending the Bonneville
Administrator adopt the TC–25
Settlement Agreement. Bonneville
intends to file its motion soon after the
TC–25 prehearing conference.
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If a party objects to the TC–25
Settlement Agreement, Bonneville will
notify all parties and decide how to
proceed with respect to the Tariff
modifications in the initial proposal.
C. Proposed Procedural Schedule
A proposed schedule for the
proceeding is provided below. The
proposed schedule assumes there are no
objections to the proposed settlement in
the TC–25 tariff proceeding. The official
schedule will be established by the
Hearing Officer and may be amended by
the Hearing Officer as needed during the
proceeding.
Prehearing Conference—November 14,
2023
BPA Files Initial Proposal—November
14, 2023
Deadline for Petitions to Intervene—
November 16, 2023
Deadline for Objections to Settlement
Agreement—November 22, 2023
Close of Participant Comments—
November 22, 2023
Hearing Officer’s Recommended
Decision Issued—December 15, 2023
Final ROD—January 26, 2024
D. Ex Parte Communications
Section 1010.5 of the Rules of
Procedure prohibits ex parte
communications. Ex parte
communications include any oral or
written communication (1) relevant to
the merits of any issue in the
proceeding; (2) that is not on the record;
and (3) with respect to which reasonable
prior notice has not been given. The ex
parte rule applies to communications
with all Bonneville and DOE employees
and contractors, the Hearing Officer,
and the Hearing Clerk during the
proceeding. Except as provided, any
communications with persons covered
by the rule regarding the merits of any
issue in the proceeding by other
Executive Branch agencies, Congress,
existing or potential Bonneville
customers, nonprofit or public interest
groups, or any other non-DOE parties
are prohibited. The rule explicitly
excludes and does not prohibit
communications (1) relating to matters
of procedure; (2) otherwise authorized
by law or the Rules of Procedure; (3)
from or to the Federal Energy Regulatory
Commission (Commission); (4) that all
litigants agree may be made on an ex
parte basis; (5) in the ordinary course of
business, about information required to
be exchanged under contracts, or in
information responding to a Freedom of
Information Act request; (6) between the
Hearing Officer and Hearing Clerk; (7) in
meetings for which prior notice has
been given; or (8) otherwise specified in
Section 1010.5(b) of the Rules of
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Procedure. The ex parte rule remains in
effect until the Bonneville
Administrator’s Final ROD is issued.
Part II—Scope of the TC–25 Tariff
Proceeding
The TC–25 tariff proceeding involves
the proposed modifications to
Bonneville’s Tariff described in Part IV.
This section provides guidance to the
Hearing Officer regarding the specific
issues that are outside the scope of the
TC–25 tariff proceeding. In addition to
the issues specifically listed below, any
other issue that is not a Tariff term or
condition issue is outside the scope of
this proceeding.
Bonneville may revise the scope of
the proceeding to include new issues
that arise as a result of circumstances or
events occurring outside the proceeding
that are substantially related to the
Tariff terms and conditions under
consideration in the proceeding. See
Rules of Procedure Section
1010.4(b)(8)(iii), (iv). If Bonneville
revises the scope of the proceeding to
include new issues, Bonneville will
provide public notice on its website,
present testimony or other information
regarding such issues, and provide a
reasonable opportunity to intervene and
respond to Bonneville’s testimony or
other information. Id.
A. Business Practices
Bonneville’s business practices
provide implementation details for the
Tariff and are outside the scope of the
TC–25 tariff proceeding. Bonneville’s
decisions regarding the business
practices are determined in other
forums and follow the procedures in
Bonneville’s Business Practice Process.
If business practices are developed for
the proposed terms and conditions in
this proceeding, such development will
occur outside the terms and conditions
proceeding. Pursuant to Section
1010.4(b)(8) of the Rules of Procedure,
the Bonneville Administrator directs the
Hearing Officer to exclude from the
record all argument, testimony, or other
evidence that proposes or challenges
Bonneville’s current and future business
practices.
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B. Customer-Specific Contracts and
Disputes
Contracts and contract disputes
between Bonneville and its customers
are outside the scope of the TC–25 tariff
proceeding. Pursuant to Section
1010.4(b)(8) of the Rules of Procedure,
the Bonneville Administrator directs the
Hearing Officer to exclude from the
record all argument, testimony, or other
evidence related to contracts and
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contract disputes of Bonneville
customers.
C. Oversupply Management Protocol
The Oversupply Management
Protocol (Tariff Attachment P) includes
the Tariff requirements and procedures
used to moderate total dissolved gas
levels in the Columbia River to protect
endangered fish and other aquatic
species. Bonneville does not propose to
modify the terms of the Oversupply
Management Protocol in the TC–25
tariff proceeding. Pursuant to Section
1010.4(b)(8) of the Rules of Procedure,
the Bonneville Administrator directs the
Hearing Officer to exclude from the
record all argument, testimony, or other
evidence related to the terms of the
Oversupply Management Protocol
(Tariff Attachment P), including
whether the Oversupply Management
Protocol complies with orders of the
Commission; whether Bonneville took
all actions to avoid using the
Oversupply Management Protocol,
including the payment of negative
prices to generators outside of
Bonneville’s balancing authority area;
and issues concerning the rates for
recovering the costs of the Oversupply
Management Protocol.
D. Program Cost Estimates
Bonneville’s projections of its
program costs and spending levels are
not determined in terms and conditions
proceedings and are outside the scope of
the TC–25 tariff proceeding. These
projections are determined by
Bonneville in other forums, such as the
Integrated Program Review public
process, with input from stakeholders.
Pursuant to Section 1010.4(b)(8) of the
Rules of Procedure, the Bonneville
Administrator directs the Hearing
Officer to exclude from the record all
argument, testimony, or other evidence
that challenges the appropriateness or
reasonableness of the Bonneville
Administrator’s decisions on costs and
spending levels.
E. Rates
Pursuant to Bonneville’s statutes, it
must set rates to recover costs associated
with providing power and transmission
services. Bonneville’s decisions
regarding rates are outside the scope of
the TC–25 tariff proceeding. Pursuant to
Section 1010.4(b)(8) of the Rules of
Procedure, the Bonneville
Administrator directs the Hearing
Officer to exclude from the record all
argument, testimony, or other evidence
related to rates, or that challenges the
appropriateness or reasonableness of the
Bonneville Administrator’s decisions on
rates or seeks in any way to propose
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revisions to the rates, including rate
schedules, rate schedule provisions, rate
designs, rate methodologies, rate
forecasts, interest expense and credit,
Treasury repayment schedules, nonFederal debt repayment schedules,
revenue financing, calculation of
depreciation and amortization expense,
forecasts of system replacements used in
repayment studies, transmission
acquisition expenses incurred by Power
Services, generation acquisition
expenses, minimum required net
revenue, increase in, or the use of,
financial reserves, and the costs of risk
mitigation actions resulting from the
expense and revenue uncertainties
included in the risk analysis.
Part III—Public Participation in TC–25
A. Distinguishing Between
‘‘Participants’’ and ‘‘Parties’’
Bonneville distinguishes between
‘‘participants in’’ and ‘‘parties to’’ the
TC–25 tariff proceeding. Separate from
the formal hearing process, Bonneville
will receive written comments, views,
opinions, and information from
participants, who may submit
comments without being subject to the
duties of, or having the privileges of,
parties. Participants are not entitled to
participate in the prehearing conference;
may not cross-examine parties’
witnesses, seek discovery, or serve or be
served with documents; and are not
subject to the same procedural
requirements as parties. Bonneville
customers that will receive transmission
or interconnection service under the
terms and conditions of the Tariff, or
their affiliated customer groups, may
not submit participant comments.
Members or employees of organizations
that have intervened in the proceeding
may submit participant comments as
private individuals (that is, not speaking
for their organizations), but may not use
the comment procedures to address
specific issues raised by their intervener
organizations.
Written comments by participants
will be included in the record and
considered by the Hearing Officer and
the Bonneville Administrator if they are
received by Wednesday, November 22,
2023. Participants should submit
comments through Bonneville’s website
at www.bpa.gov/comment or in hard
copy to: BPA Public Involvement, DKS–
7, Bonneville Power Administration,
P.O. Box 3621, Portland, Oregon 97208.
All comments should contain the
designation ‘‘TC–25’’ in the subject line.
B. Interventions
Any entity or person intending to
become a party in the TC–25 tariff
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proceeding must file a petition to
intervene through Bonneville’s secure
website (https://ratecase.bpa.gov/). A
first-time user of Bonneville’s secure
website must create a user account to
submit an intervention. Returning users
may request access to the TC–25 tariff
proceeding through their existing
accounts and may submit interventions
once their permissions have been
updated. The secure website contains a
link to the user guide, which provides
step-by-step instructions for creating
user accounts, generating filing
numbers, submitting filings, and
uploading interventions. Please contact
the Hearing Coordinator via email at
cwgriffen@bpa.gov or, if the question is
time-sensitive, via telephone at (503)
230–5107 with any questions regarding
the submission process. A petition to
intervene must conform to the format
and content requirements set forth in
Bonneville’s Rules of Procedure
Sections 1010.6 and 1010.11 and must
be uploaded to the TC–25 tariff
proceeding secure website by the
deadline established in the procedural
schedule.
A petition to intervene must state the
name and address of the entity or
person requesting party status and the
entity or person’s interest in the hearing.
Bonneville customers and affiliated
customer groups will be granted
intervention based on petitions filed in
conformance with Rules of Procedure.
Other petitioners must explain their
interests in sufficient detail to permit
the Hearing Officer to determine
whether the petitioners have a relevant
interest in the hearing. The deadline for
opposing a timely intervention is two
business days after the deadline for
filing petitions to intervene. Bonneville
or any party may oppose a petition for
intervention. All petitions will be ruled
on by the Hearing Officer. Late
interventions are strongly disfavored.
Opposition to an untimely petition to
intervene must be filed within two
business days after service of the
petition.
C. Developing the Record
The hearing record will include,
among other things, the transcripts of
the hearing, written evidence and
arguments entered into the record by
Bonneville and the parties, written
comments from participants, and other
material accepted into the record by the
Hearing Officer. Upon conclusion of the
hearing, the Hearing Officer will
develop a recommended decision for
the Bonneville Administrator. The
Hearing Officer’s recommended
decision must be based on the record
and include the Hearing Officer’s
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findings and conclusions, including the
reasons or bases thereof, on all material
issues of fact, law, or discretion raised
by the parties in their initial briefs. The
Hearing Officer will review and certify
the record to the Bonneville
Administrator for final decision.
The Bonneville Administrator will
make a final determination establishing
or modifying Tariff terms and
conditions based on the record, the
Hearing Officer’s recommended
decision, and such other materials and
information as may have been submitted
to or developed by the Bonneville
Administrator. The Final ROD will be
made available to all parties.
Part IV—Summary of Proposed
Modifications to Bonneville’s Tariff
In this proceeding, Bonneville
proposes to adopt, effective June 30,
2024, modifications to the large
generator interconnection procedures
(LGIP) in Attachment L to the Tariff and
a new Attachment R to the Tariff that
would provide for a transition to the
modified LGIP. As described above, the
specific Tariff modifications at issue are
reflected in the TC–25 Settlement
Agreement that was developed in
discussions with customers and other
stakeholders earlier this year.
The LGIP is Bonneville’s procedure
for interconnecting generating facilities
larger than 20 megawatts to the FCRTS.
The proposed LGIP would replace the
first-come, first-served serial
interconnection study process in the
current Tariff with a first-ready, firstserved cluster study process. Under the
proposed first-ready, first-served cluster
study process, Bonneville will study a
cluster of large generator
interconnection requests that meet
readiness requirements as opposed to
studying each request serially. The
proposed modifications to the LGIP
include the details necessary to
implement the new study process. The
proposed modifications also provide for
giving customers high-level information
early in the interconnection process and
allow customers to share costs of
identified network upgrades.
The proposed Attachment R includes
a process (‘‘Transition Process’’) to
transition pending interconnection
requests received prior to 15 after the
publication of this Federal Register
Notice (‘‘Transition Close Date’’) to the
first-ready, first-served cluster study
process. Under this Transition Process,
interconnection requests may apply to
continue to be processed in a serial
study process or to be included in a
Transition Cluster Study. Bonneville
will not process any interconnection
request submitted after the Transition
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Close Date until the opening of a new
Cluster Request Window, following the
requirements in the proposed revisions
to the LGIP in Attachment L of
Bonneville’s Tariff.
Part V—Proposed Tariff
Bonneville’s proposed Tariff and the
TC–25 Settlement Agreement are part of
this notice and available to view and
download on Bonneville’s website at
https://www.bpa.gov/goto/tc25.
Signing Authority
This document of the Department of
Energy was signed on Tuesday, October
24, 2023, by John L. Hairston,
Administrator and Chief Executive
Officer of the Bonneville Power
Administration, pursuant to delegated
authority from the Secretary of Energy.
This document with the original
signature and date is maintained by
DOE. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on November 1,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2023–24469 Filed 11–6–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
National Nuclear Security
Administration Advisory Committee for
Nuclear Security
Department of Energy, National
Nuclear Security Administration, Office
of Defense Programs.
ACTION: Notice of closed meeting.
AGENCY:
This notice announces a
closed meeting of the Advisory
Committee for Nuclear Security (ACNS).
The Federal Advisory Committee Act
requires that public notice of meetings
be announced in the Federal Register.
Due to national security considerations,
the meeting will be closed to the public
and matters to be discussed are exempt
from public disclosure under Executive
Order 13526, and the Atomic Energy
Act of 1954.
DATES: December 5, 2023; 9:00 a.m. to
5:00 p.m.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76744-76747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24469]
=======================================================================
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DEPARTMENT OF ENERGY
Bonneville Power Administration
[BPA File No.: TC-25]
Proposed Modifications to Open Access Transmission Tariff; Public
Hearing and Opportunities for Public Review and Comment
AGENCY: Bonneville Power Administration (Bonneville), Department of
Energy (DOE).
ACTION: Notice of public hearing and opportunity to review and comment.
-----------------------------------------------------------------------
SUMMARY: Bonneville is initiating a proceeding pursuant to Bonneville's
open access transmission tariff (Tariff) and the Federal Power Act to
modify the non-rate terms and conditions for transmission and
interconnection services in the Tariff. The proposed modifications to
Bonneville's Tariff implement a first-ready, first-served cluster study
process for all new large generator interconnection requests and
establish the transition process available for pending requests
received in Bonneville's queue as of 15 days after publication of this
notice. The proposed modifications will be effective on June 30, 2024.
Bonneville has designated this proceeding Docket No. TC-25.
DATES: Prehearing Conference: The TC-25 tariff proceeding will begin
with a prehearing conference, which will be held virtually via WebEx at
10 a.m. on Tuesday, November 14, 2023.
Intervention: Anyone intending to become a party to the TC-25
tariff proceeding must file a petition to intervene on Bonneville's
secure website. Petitions to intervene may be filed beginning on the
date of publication of this notice and are due no later than 4:30 p.m.
on Thursday, November 16, 2023. Part III of this notice, ``Public
Participation in TC-25,'' provides details on requesting access to the
secure website and filing a petition to intervene.
ADDRESSES: Interested parties may obtain call-in information by
accessing Bonneville's TC-25 tariff proceeding web page at https://www.bpa.gov/goto/tc25 or by contacting the Hearing Clerk at
[email protected].
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Participant Comments: Written comments by non-party participants
must be received by Wednesday, November 22, 2023, to be considered in
the Hearing Officer's recommended decision and the Administrator's
Record of Decision (ROD). See Part III of this notice for more
information about submitting participant comments.
FOR FURTHER INFORMATION CONTACT: Nicholas Quinata, DKP-7, BPA
Communications, Bonneville Power Administration, P.O. Box 3621,
Portland, Oregon 97208; by phone toll-free at 1-800-622-4519; or by
email to [email protected].
The Hearing Clerk for this proceeding can be reached via email at
[email protected] or via telephone at (503) 479-8506.
Please direct questions regarding Bonneville's secure website to
the Hearing Coordinator via email at [email protected] or, if the
question is time-sensitive, via telephone at (503) 230-5107.
Responsible Official: Rebecca Fredrickson, Manager of Transmission
Rates, Tariff, Regulatory and Compliance, is the official responsible
for the development of Bonneville's open access transmission tariff.
SUPPLEMENTARY INFORMATION:
Table of Contents
Part I. Introduction and Procedural Matters
Part II. Scope of TC-25 Tariff Proceeding
Part III. Public Participation in TC-25
Part IV. Summary of Proposed Modifications to Bonneville's Tariff
Part V. Proposed Tariff
Part I--Introduction and Procedural Matters
A. Introduction and Procedural Background
The Bonneville Project Act of 1937, as reaffirmed in the Pacific
Northwest Electric Power Planning and Conservation Act, grants the
Bonneville Administrator broad authority to enter into contracts upon
such terms and conditions and in such manner as the Bonneville
Administrator may deem necessary. Bonneville's Tariff provides the
generally applicable terms and conditions for transmission and
interconnection service across the Federal Columbia River Transmission
System (FCRTS). Section 9 of the Tariff provides that the Bonneville
Administrator may use the procedures set forth in Section 212(i)(2)(A)
of the Federal Power Act to establish and modify non-rate terms and
conditions of the Tariff. The Section 212(i)(2)(A) procedures include
giving notice in the Federal Register and conducting a hearing that
adheres to the procedural requirements of paragraphs (1) through (3) of
Section 7(i) of the Northwest Power Act, 16 U.S.C. 839e(i) (the same
procedures Bonneville uses to set rates). In accordance with these
procedures, the Hearing Officer conducts one or more hearings as
expeditiously as practicable to develop a full and complete record.
Unless the Hearing Officer becomes unavailable to Bonneville, upon
conclusion of the hearing, the Hearing Officer shall make a recommended
decision to the Bonneville Administrator, and the Bonneville
Administrator then makes a separate and final determination to
establish or modify the Tariff terms and conditions (discussed further
in Part III, Section C of this notice).
Bonneville's Rules of Procedure govern the TC-25 tariff
proceedings. The rules are posted on Bonneville's website at https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/rules-of-procedure-revision-process.
B. Proposed Settlement for Modifications to the Tariff
Starting in June, Bonneville engaged its transmission and
interconnection customers and stakeholders in an attempt to reach
settlement of the modifications to the Tariff for the TC-25 tariff
proceeding. These discussions have resulted in the TC-25 Settlement
Agreement, which includes the proposed Tariff modifications Bonneville
is proposing to adopt in the TC-25 tariff proceeding. On September 1,
2023, Bonneville posted the TC-25 Settlement Agreement on Bonneville's
website and set a deadline of September 15, 2023, for customers and
stakeholders to inform Bonneville of any objections to the settlement.
Bonneville did not receive any objections by the deadline. A summary of
Bonneville's proposed Tariff modifications is provided in Part IV of
this notice. A link to the TC-25 Settlement Agreement and proposed
Tariff are provided in Part V.
The TC-25 Settlement Agreement calls for Bonneville to file a
motion with the Hearing Officer to establish a deadline for parties to
either object to the proposed settlement or waive the right to contest
the settlement. If no parties object to the settlement by the deadline
set by the Hearing Officer, Bonneville's motion would request the
Hearing Officer to issue a decision recommending the Bonneville
Administrator adopt the TC-25 Settlement Agreement. Bonneville intends
to file its motion soon after the TC-25 prehearing conference.
If a party objects to the TC-25 Settlement Agreement, Bonneville
will notify all parties and decide how to proceed with respect to the
Tariff modifications in the initial proposal.
C. Proposed Procedural Schedule
A proposed schedule for the proceeding is provided below. The
proposed schedule assumes there are no objections to the proposed
settlement in the TC-25 tariff proceeding. The official schedule will
be established by the Hearing Officer and may be amended by the Hearing
Officer as needed during the proceeding.
Prehearing Conference--November 14, 2023
BPA Files Initial Proposal--November 14, 2023
Deadline for Petitions to Intervene--November 16, 2023
Deadline for Objections to Settlement Agreement--November 22, 2023
Close of Participant Comments--November 22, 2023
Hearing Officer's Recommended Decision Issued--December 15, 2023
Final ROD--January 26, 2024
D. Ex Parte Communications
Section 1010.5 of the Rules of Procedure prohibits ex parte
communications. Ex parte communications include any oral or written
communication (1) relevant to the merits of any issue in the
proceeding; (2) that is not on the record; and (3) with respect to
which reasonable prior notice has not been given. The ex parte rule
applies to communications with all Bonneville and DOE employees and
contractors, the Hearing Officer, and the Hearing Clerk during the
proceeding. Except as provided, any communications with persons covered
by the rule regarding the merits of any issue in the proceeding by
other Executive Branch agencies, Congress, existing or potential
Bonneville customers, nonprofit or public interest groups, or any other
non-DOE parties are prohibited. The rule explicitly excludes and does
not prohibit communications (1) relating to matters of procedure; (2)
otherwise authorized by law or the Rules of Procedure; (3) from or to
the Federal Energy Regulatory Commission (Commission); (4) that all
litigants agree may be made on an ex parte basis; (5) in the ordinary
course of business, about information required to be exchanged under
contracts, or in information responding to a Freedom of Information Act
request; (6) between the Hearing Officer and Hearing Clerk; (7) in
meetings for which prior notice has been given; or (8) otherwise
specified in Section 1010.5(b) of the Rules of
[[Page 76746]]
Procedure. The ex parte rule remains in effect until the Bonneville
Administrator's Final ROD is issued.
Part II--Scope of the TC-25 Tariff Proceeding
The TC-25 tariff proceeding involves the proposed modifications to
Bonneville's Tariff described in Part IV. This section provides
guidance to the Hearing Officer regarding the specific issues that are
outside the scope of the TC-25 tariff proceeding. In addition to the
issues specifically listed below, any other issue that is not a Tariff
term or condition issue is outside the scope of this proceeding.
Bonneville may revise the scope of the proceeding to include new
issues that arise as a result of circumstances or events occurring
outside the proceeding that are substantially related to the Tariff
terms and conditions under consideration in the proceeding. See Rules
of Procedure Section 1010.4(b)(8)(iii), (iv). If Bonneville revises the
scope of the proceeding to include new issues, Bonneville will provide
public notice on its website, present testimony or other information
regarding such issues, and provide a reasonable opportunity to
intervene and respond to Bonneville's testimony or other information.
Id.
A. Business Practices
Bonneville's business practices provide implementation details for
the Tariff and are outside the scope of the TC-25 tariff proceeding.
Bonneville's decisions regarding the business practices are determined
in other forums and follow the procedures in Bonneville's Business
Practice Process. If business practices are developed for the proposed
terms and conditions in this proceeding, such development will occur
outside the terms and conditions proceeding. Pursuant to Section
1010.4(b)(8) of the Rules of Procedure, the Bonneville Administrator
directs the Hearing Officer to exclude from the record all argument,
testimony, or other evidence that proposes or challenges Bonneville's
current and future business practices.
B. Customer-Specific Contracts and Disputes
Contracts and contract disputes between Bonneville and its
customers are outside the scope of the TC-25 tariff proceeding.
Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the
Bonneville Administrator directs the Hearing Officer to exclude from
the record all argument, testimony, or other evidence related to
contracts and contract disputes of Bonneville customers.
C. Oversupply Management Protocol
The Oversupply Management Protocol (Tariff Attachment P) includes
the Tariff requirements and procedures used to moderate total dissolved
gas levels in the Columbia River to protect endangered fish and other
aquatic species. Bonneville does not propose to modify the terms of the
Oversupply Management Protocol in the TC-25 tariff proceeding. Pursuant
to Section 1010.4(b)(8) of the Rules of Procedure, the Bonneville
Administrator directs the Hearing Officer to exclude from the record
all argument, testimony, or other evidence related to the terms of the
Oversupply Management Protocol (Tariff Attachment P), including whether
the Oversupply Management Protocol complies with orders of the
Commission; whether Bonneville took all actions to avoid using the
Oversupply Management Protocol, including the payment of negative
prices to generators outside of Bonneville's balancing authority area;
and issues concerning the rates for recovering the costs of the
Oversupply Management Protocol.
D. Program Cost Estimates
Bonneville's projections of its program costs and spending levels
are not determined in terms and conditions proceedings and are outside
the scope of the TC-25 tariff proceeding. These projections are
determined by Bonneville in other forums, such as the Integrated
Program Review public process, with input from stakeholders. Pursuant
to Section 1010.4(b)(8) of the Rules of Procedure, the Bonneville
Administrator directs the Hearing Officer to exclude from the record
all argument, testimony, or other evidence that challenges the
appropriateness or reasonableness of the Bonneville Administrator's
decisions on costs and spending levels.
E. Rates
Pursuant to Bonneville's statutes, it must set rates to recover
costs associated with providing power and transmission services.
Bonneville's decisions regarding rates are outside the scope of the TC-
25 tariff proceeding. Pursuant to Section 1010.4(b)(8) of the Rules of
Procedure, the Bonneville Administrator directs the Hearing Officer to
exclude from the record all argument, testimony, or other evidence
related to rates, or that challenges the appropriateness or
reasonableness of the Bonneville Administrator's decisions on rates or
seeks in any way to propose revisions to the rates, including rate
schedules, rate schedule provisions, rate designs, rate methodologies,
rate forecasts, interest expense and credit, Treasury repayment
schedules, non-Federal debt repayment schedules, revenue financing,
calculation of depreciation and amortization expense, forecasts of
system replacements used in repayment studies, transmission acquisition
expenses incurred by Power Services, generation acquisition expenses,
minimum required net revenue, increase in, or the use of, financial
reserves, and the costs of risk mitigation actions resulting from the
expense and revenue uncertainties included in the risk analysis.
Part III--Public Participation in TC-25
A. Distinguishing Between ``Participants'' and ``Parties''
Bonneville distinguishes between ``participants in'' and ``parties
to'' the TC-25 tariff proceeding. Separate from the formal hearing
process, Bonneville will receive written comments, views, opinions, and
information from participants, who may submit comments without being
subject to the duties of, or having the privileges of, parties.
Participants are not entitled to participate in the prehearing
conference; may not cross-examine parties' witnesses, seek discovery,
or serve or be served with documents; and are not subject to the same
procedural requirements as parties. Bonneville customers that will
receive transmission or interconnection service under the terms and
conditions of the Tariff, or their affiliated customer groups, may not
submit participant comments. Members or employees of organizations that
have intervened in the proceeding may submit participant comments as
private individuals (that is, not speaking for their organizations),
but may not use the comment procedures to address specific issues
raised by their intervener organizations.
Written comments by participants will be included in the record and
considered by the Hearing Officer and the Bonneville Administrator if
they are received by Wednesday, November 22, 2023. Participants should
submit comments through Bonneville's website at www.bpa.gov/comment or
in hard copy to: BPA Public Involvement, DKS-7, Bonneville Power
Administration, P.O. Box 3621, Portland, Oregon 97208. All comments
should contain the designation ``TC-25'' in the subject line.
B. Interventions
Any entity or person intending to become a party in the TC-25
tariff
[[Page 76747]]
proceeding must file a petition to intervene through Bonneville's
secure website (https://ratecase.bpa.gov/). A first-time user of
Bonneville's secure website must create a user account to submit an
intervention. Returning users may request access to the TC-25 tariff
proceeding through their existing accounts and may submit interventions
once their permissions have been updated. The secure website contains a
link to the user guide, which provides step-by-step instructions for
creating user accounts, generating filing numbers, submitting filings,
and uploading interventions. Please contact the Hearing Coordinator via
email at [email protected] or, if the question is time-sensitive, via
telephone at (503) 230-5107 with any questions regarding the submission
process. A petition to intervene must conform to the format and content
requirements set forth in Bonneville's Rules of Procedure Sections
1010.6 and 1010.11 and must be uploaded to the TC-25 tariff proceeding
secure website by the deadline established in the procedural schedule.
A petition to intervene must state the name and address of the
entity or person requesting party status and the entity or person's
interest in the hearing. Bonneville customers and affiliated customer
groups will be granted intervention based on petitions filed in
conformance with Rules of Procedure. Other petitioners must explain
their interests in sufficient detail to permit the Hearing Officer to
determine whether the petitioners have a relevant interest in the
hearing. The deadline for opposing a timely intervention is two
business days after the deadline for filing petitions to intervene.
Bonneville or any party may oppose a petition for intervention. All
petitions will be ruled on by the Hearing Officer. Late interventions
are strongly disfavored. Opposition to an untimely petition to
intervene must be filed within two business days after service of the
petition.
C. Developing the Record
The hearing record will include, among other things, the
transcripts of the hearing, written evidence and arguments entered into
the record by Bonneville and the parties, written comments from
participants, and other material accepted into the record by the
Hearing Officer. Upon conclusion of the hearing, the Hearing Officer
will develop a recommended decision for the Bonneville Administrator.
The Hearing Officer's recommended decision must be based on the record
and include the Hearing Officer's findings and conclusions, including
the reasons or bases thereof, on all material issues of fact, law, or
discretion raised by the parties in their initial briefs. The Hearing
Officer will review and certify the record to the Bonneville
Administrator for final decision.
The Bonneville Administrator will make a final determination
establishing or modifying Tariff terms and conditions based on the
record, the Hearing Officer's recommended decision, and such other
materials and information as may have been submitted to or developed by
the Bonneville Administrator. The Final ROD will be made available to
all parties.
Part IV--Summary of Proposed Modifications to Bonneville's Tariff
In this proceeding, Bonneville proposes to adopt, effective June
30, 2024, modifications to the large generator interconnection
procedures (LGIP) in Attachment L to the Tariff and a new Attachment R
to the Tariff that would provide for a transition to the modified LGIP.
As described above, the specific Tariff modifications at issue are
reflected in the TC-25 Settlement Agreement that was developed in
discussions with customers and other stakeholders earlier this year.
The LGIP is Bonneville's procedure for interconnecting generating
facilities larger than 20 megawatts to the FCRTS. The proposed LGIP
would replace the first-come, first-served serial interconnection study
process in the current Tariff with a first-ready, first-served cluster
study process. Under the proposed first-ready, first-served cluster
study process, Bonneville will study a cluster of large generator
interconnection requests that meet readiness requirements as opposed to
studying each request serially. The proposed modifications to the LGIP
include the details necessary to implement the new study process. The
proposed modifications also provide for giving customers high-level
information early in the interconnection process and allow customers to
share costs of identified network upgrades.
The proposed Attachment R includes a process (``Transition
Process'') to transition pending interconnection requests received
prior to 15 after the publication of this Federal Register Notice
(``Transition Close Date'') to the first-ready, first-served cluster
study process. Under this Transition Process, interconnection requests
may apply to continue to be processed in a serial study process or to
be included in a Transition Cluster Study. Bonneville will not process
any interconnection request submitted after the Transition Close Date
until the opening of a new Cluster Request Window, following the
requirements in the proposed revisions to the LGIP in Attachment L of
Bonneville's Tariff.
Part V--Proposed Tariff
Bonneville's proposed Tariff and the TC-25 Settlement Agreement are
part of this notice and available to view and download on Bonneville's
website at https://www.bpa.gov/goto/tc25.
Signing Authority
This document of the Department of Energy was signed on Tuesday,
October 24, 2023, by John L. Hairston, Administrator and Chief
Executive Officer of the Bonneville Power Administration, pursuant to
delegated authority from the Secretary of Energy. This document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on November 1, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-24469 Filed 11-6-23; 8:45 am]
BILLING CODE 6450-01-P
