Provider of Choice Policy and Record of Decision, 20193-20194 [2024-05681]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 56 / Thursday, March 21, 2024 / Notices independent review panel of qualified experts to be useful in improving educational or early intervention policy or practice. • Program Performance Measure #4: The cost efficiency of the Technical Assistance and Dissemination Program includes the percentage of milestones achieved in the current APR period and the percentage of funds spent during the current fiscal year. • Long-term Program Performance Measure: The percentage of States receiving Special Education Technical Assistance and Dissemination services regarding scientifically or evidencebased practices for infants, toddlers, children, and youth with disabilities that successfully promote the implementation of those practices in school districts and service agencies. The measures apply to projects funded under this competition, and grantees are required to submit data on these measures as directed by OSEP. Grantees will be required to report information on their project’s performance in annual and final performance reports to the Department (34 CFR 75.590). The Department will also closely monitor the extent to which the products and services provided by the project meet needs identified by stakeholders and may require the project to report on such alignment in its annual and final performance reports. 6. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, whether the grantee has made substantial progress in achieving the performance targets in the grantee’s approved application. In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). VII. Other Information Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain VerDate Sep<11>2014 16:53 Mar 20, 2024 Jkt 262001 this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Glenna Wright-Gallo, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 2024–05979 Filed 3–20–24; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Bonneville Power Administration Provider of Choice Policy and Record of Decision Bonneville Power Administration (Bonneville), Department of Energy (DOE). ACTION: Notice of policy and record of decision. AGENCY: Bonneville released its Provider of Choice Policy (Policy), which addresses the Agency’s regional firm power sales policy for fiscal year 2029 through fiscal year 2044. The Policy will shape Bonneville’s long-term power sales contracts following the expiration of current long-term Regional Dialogue contracts on September 30, 2028. The Policy describes the Agency’s products and service offerings for the next contract period and how the Agency proposes to distribute the costs and benefits from its system of Federal resources, which includes the Federal Columbia River Power System, the Columbia Generating Station, as well as non-Federal resources. Alongside the SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 20193 Policy, Bonneville released a record of decision. DATES: On March 20, 2024, John Hairston, Administrator and Chief Executive Officer of the Bonneville Power Administration signed the Provider of Choice Record of Decision. ADDRESSES: The Provider of Choice Policy and Record of Decision are available on the Bonneville website at https://www.bpa.gov/energy-andservices/power. Copies are also available by contacting the Bonneville Public Information Center at 1–800–622–4520. FOR FURTHER INFORMATION CONTACT: David Wilson, DK–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 communications@bpa.gov. Responsible Official: Kim Thompson, Vice President for Northwest Requirements Marketing is the official responsible for the development of Provider of Choice Policy and contracts. SUPPLEMENTARY INFORMATION: The Provider of Choice Policy’s (Policy) primary focus is setting the framework for sales of electric power pursuant to section 5(b) of the Northwest Power Act to public power utilities and Federal agencies that qualify for service at a Priority Firm (PF) power rate. The Policy addresses at a high-level how Bonneville would serve other qualified customers but many of the details are specific to PF-service. The Policy addresses how Bonneville will determine its load obligations and outlines proposed products and services. Bonneville released a draft Policy on July 20, 2023. Bonneville published a notice in the Federal Register on July 24, 2023, and opened a public comment period from July 20, 2023, to October 13, 2023. 88 FR 47487. Bonneville received over 16,850 comments, the vast majority of which were form letters or variations of the form letter submission. Bonneville reviewed these comments and documented its deliberations in a record of decision that explains what changes were made as well as which commenter proposals were not adopted in the Policy. Bonneville’s Policy reflects changes made based on the comments received. The Policy establishes Bonneville decision to develop contracts based on a tiered PF rate construct for the Provider of Choice contract period. The tiered rate construct sets a framework for an allocation of costs, not an allocation of power. Under the two-tier rate design and Provider of Choice contracts, customers will be entitled to E:\FR\FM\21MRN1.SGM 21MRN1 lotter on DSK11XQN23PROD with NOTICES1 20194 Federal Register / Vol. 89, No. 56 / Thursday, March 21, 2024 / Notices purchase firm power to serve PF-eligible load up to a contractually defined amount, referred to as the customer’s Contract High Water Mark (CHWM), at the applicable PF Tier 1 rate. Customers may also purchase firm power for any PF-eligible load above a customer’s CHWM, referred to as the customer’s Above-Contract High Water Mark (Above-CHWM) load. A customer may elect to serve their Above-CHWM load either with firm power from Bonneville at a PF Tier 2 rate, from its own dedicated resources, or both. The specific terms and provisions of the tiered rate construct will be established in the 2029 Public Rate Design Methodology (PRDM), which will be determined in a separate process. In the Policy, Bonneville establishes how it will calculate Provider of Choice CHWMs. The calculation recognizes customer investments in conservation and non-Federal resources in support of the prior long-term Regional Dialogue Policy and contracts. The calculation also adjusts CHWMs in recognition of certain circumstance relative to the changing energy landscape and customers’ needs. Bonneville will not revisit the calculation in a future process or in the Provider of Choice contracts. One of the Policy’s goals is to offer customers flexibility to invest in and use non-Federal resources to serve their retail load growth needs. Bonneville balances the flexibility offered with the tiered rates foundational tenet to insulate customers from costs associated with other customers’ resource choices for serving load growth. Bonneville offers several carefully constructed nonFederal resource flexibilities to provide customers with opportunities to invest in non-Federal resources while limiting the cost impact to other customers. Under the Policy, Bonneville recognizes the need for added flexibility around customers’ non-Federal resources and permits customers to add a defined amount of non-Federal resources to offset their CHWM load. This will reduce the amount of power a customer is obligated to purchase from Bonneville without triggering take-orpay provisions and without reduction to the customer’s associated CHWM. Bonneville will also not track nonFederal resources with a nameplate capacity of less than one MW in the contract. Customers will retain the ability to serve their Above-CHWM load with non-Federal resources. Finally, Bonneville will continue to propose to recover the cost of a limited amount of transfer service in the PF Tier 1 rate for non-Federal resources for its customers VerDate Sep<11>2014 16:53 Mar 20, 2024 Jkt 262001 that are served off third-party transmission systems. The Policy addresses why Bonneville cannot offer a 100% carbon-free product at this time. Bonneville addresses some of the barriers to offering such a product and commits to continuing to look for ways to further improve its nearly carbon-free emissions rate. The Policy also addresses how Bonneville is proposing to approach its conservation (energy efficiency) program after Oct. 1, 2028. The Policy does not address how the products and services described will be priced. Bonneville has started the PRDM process to discuss rate designs and pricing. The PRDM will replace Bonneville’s Tiered Rate Methodology that expires on Sept. 30, 2028. The PRDM and subsequent Northwest Power Act section 7(i) rate proceedings will determine rates for the products and services offered under the Provider of Choice contracts. Following the Policy release, Bonneville will initiate a follow-on process to implement the Policy through negotiation and development of contracts with the goal to offer and execute new long-term contracts by late 2025. Bonneville will additionally update other business processes to ensure implementation of the Policy, including the PRDM. Bonneville will use the time between contract execution and the start of power deliveries on Oct. 1, 2028, to ready systems to ensure a smooth transition between contracts. Signing Authority: This document of the Department of Energy was signed on March 12, 2024, by John Hairston, Administrator and Chief Executive Officer of the Bonneville Power Administration, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by the Department of Energy. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned Department of Energy 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 March 13, 2024. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 6440–010] Lakeport Hydroelectric One, LLC and New Hampshire Department of Environmental Services; Notice of Reasonable Period of Time for Water Quality Certification Application On March 5, 2024, Lakeport Hydroelectric One, LLC (Lakeport) and New Hampshire Department of Environmental Services (New Hampshire DES) (collectively, coapplicants) filed with the Federal Energy Regulatory Commission (Commission) a letter received from the New Hampshire DES—Watershed Management Bureau verifying receipt of a complete request for a Clean Water Act section 401(a)(1) water quality certification from the co-applicants, in conjunction with the above captioned project, on March 4, 2024. Pursuant to section 4.34(b)(5) of the Commission’s regulations,1 we hereby notify the New Hampshire DES—Watershed Management Bureau of the following: Date of Receipt of the Certification Request: March 4, 2024. Reasonable Period of Time to Act on the Certification Request: One year, March 4, 2025. If the New Hampshire DES— Watershed Management Bureau fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1). Dated: March 15, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024–06036 Filed 3–20–24; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 3451–047] Beaver Falls Municipal Authority; Notice of Scoping Meetings and Environmental Site Review and Soliciting Scoping Comments Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. [FR Doc. 2024–05681 Filed 3–20–24; 8:45 am] 1 18 BILLING CODE 6450–01–P PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 CFR [4.34(b)(5)/5.23(b)/153.4/157.22]. E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Pages 20193-20194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05681]


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DEPARTMENT OF ENERGY

Bonneville Power Administration


Provider of Choice Policy and Record of Decision

AGENCY: Bonneville Power Administration (Bonneville), Department of 
Energy (DOE).

ACTION: Notice of policy and record of decision.

-----------------------------------------------------------------------

SUMMARY: Bonneville released its Provider of Choice Policy (Policy), 
which addresses the Agency's regional firm power sales policy for 
fiscal year 2029 through fiscal year 2044. The Policy will shape 
Bonneville's long-term power sales contracts following the expiration 
of current long-term Regional Dialogue contracts on September 30, 2028. 
The Policy describes the Agency's products and service offerings for 
the next contract period and how the Agency proposes to distribute the 
costs and benefits from its system of Federal resources, which includes 
the Federal Columbia River Power System, the Columbia Generating 
Station, as well as non-Federal resources. Alongside the Policy, 
Bonneville released a record of decision.

DATES: On March 20, 2024, John Hairston, Administrator and Chief 
Executive Officer of the Bonneville Power Administration signed the 
Provider of Choice Record of Decision.

ADDRESSES: The Provider of Choice Policy and Record of Decision are 
available on the Bonneville website at https://www.bpa.gov/energy-and-services/power. Copies are also available by contacting the Bonneville 
Public Information Center at 1-800-622-4520.

FOR FURTHER INFORMATION CONTACT: 
    David Wilson, DK-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].
    Responsible Official: Kim Thompson, Vice President for Northwest 
Requirements Marketing is the official responsible for the development 
of Provider of Choice Policy and contracts.

SUPPLEMENTARY INFORMATION: The Provider of Choice Policy's (Policy) 
primary focus is setting the framework for sales of electric power 
pursuant to section 5(b) of the Northwest Power Act to public power 
utilities and Federal agencies that qualify for service at a Priority 
Firm (PF) power rate. The Policy addresses at a high-level how 
Bonneville would serve other qualified customers but many of the 
details are specific to PF-service. The Policy addresses how Bonneville 
will determine its load obligations and outlines proposed products and 
services.
    Bonneville released a draft Policy on July 20, 2023. Bonneville 
published a notice in the Federal Register on July 24, 2023, and opened 
a public comment period from July 20, 2023, to October 13, 2023. 88 FR 
47487. Bonneville received over 16,850 comments, the vast majority of 
which were form letters or variations of the form letter submission. 
Bonneville reviewed these comments and documented its deliberations in 
a record of decision that explains what changes were made as well as 
which commenter proposals were not adopted in the Policy. Bonneville's 
Policy reflects changes made based on the comments received.
    The Policy establishes Bonneville decision to develop contracts 
based on a tiered PF rate construct for the Provider of Choice contract 
period. The tiered rate construct sets a framework for an allocation of 
costs, not an allocation of power. Under the two-tier rate design and 
Provider of Choice contracts, customers will be entitled to

[[Page 20194]]

purchase firm power to serve PF-eligible load up to a contractually 
defined amount, referred to as the customer's Contract High Water Mark 
(CHWM), at the applicable PF Tier 1 rate. Customers may also purchase 
firm power for any PF-eligible load above a customer's CHWM, referred 
to as the customer's Above-Contract High Water Mark (Above-CHWM) load. 
A customer may elect to serve their Above-CHWM load either with firm 
power from Bonneville at a PF Tier 2 rate, from its own dedicated 
resources, or both. The specific terms and provisions of the tiered 
rate construct will be established in the 2029 Public Rate Design 
Methodology (PRDM), which will be determined in a separate process.
    In the Policy, Bonneville establishes how it will calculate 
Provider of Choice CHWMs. The calculation recognizes customer 
investments in conservation and non-Federal resources in support of the 
prior long-term Regional Dialogue Policy and contracts. The calculation 
also adjusts CHWMs in recognition of certain circumstance relative to 
the changing energy landscape and customers' needs. Bonneville will not 
revisit the calculation in a future process or in the Provider of 
Choice contracts.
    One of the Policy's goals is to offer customers flexibility to 
invest in and use non-Federal resources to serve their retail load 
growth needs. Bonneville balances the flexibility offered with the 
tiered rates foundational tenet to insulate customers from costs 
associated with other customers' resource choices for serving load 
growth. Bonneville offers several carefully constructed non-Federal 
resource flexibilities to provide customers with opportunities to 
invest in non-Federal resources while limiting the cost impact to other 
customers.
    Under the Policy, Bonneville recognizes the need for added 
flexibility around customers' non-Federal resources and permits 
customers to add a defined amount of non-Federal resources to offset 
their CHWM load. This will reduce the amount of power a customer is 
obligated to purchase from Bonneville without triggering take-or-pay 
provisions and without reduction to the customer's associated CHWM. 
Bonneville will also not track non-Federal resources with a nameplate 
capacity of less than one MW in the contract. Customers will retain the 
ability to serve their Above-CHWM load with non-Federal resources. 
Finally, Bonneville will continue to propose to recover the cost of a 
limited amount of transfer service in the PF Tier 1 rate for non-
Federal resources for its customers that are served off third-party 
transmission systems.
    The Policy addresses why Bonneville cannot offer a 100% carbon-free 
product at this time. Bonneville addresses some of the barriers to 
offering such a product and commits to continuing to look for ways to 
further improve its nearly carbon-free emissions rate. The Policy also 
addresses how Bonneville is proposing to approach its conservation 
(energy efficiency) program after Oct. 1, 2028.
    The Policy does not address how the products and services described 
will be priced. Bonneville has started the PRDM process to discuss rate 
designs and pricing. The PRDM will replace Bonneville's Tiered Rate 
Methodology that expires on Sept. 30, 2028. The PRDM and subsequent 
Northwest Power Act section 7(i) rate proceedings will determine rates 
for the products and services offered under the Provider of Choice 
contracts.
    Following the Policy release, Bonneville will initiate a follow-on 
process to implement the Policy through negotiation and development of 
contracts with the goal to offer and execute new long-term contracts by 
late 2025. Bonneville will additionally update other business processes 
to ensure implementation of the Policy, including the PRDM. Bonneville 
will use the time between contract execution and the start of power 
deliveries on Oct. 1, 2028, to ready systems to ensure a smooth 
transition between contracts.
    Signing Authority: This document of the Department of Energy was 
signed on March 12, 2024, by John Hairston, Administrator and Chief 
Executive Officer of the Bonneville Power Administration, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by the Department of 
Energy. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned 
Department of Energy 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 March 13, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-05681 Filed 3-20-24; 8:45 am]
BILLING CODE 6450-01-P

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