Department of Energy February 8, 2008 – Federal Register Recent Federal Regulation Documents

The Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) provides that BPA must establish and periodically review and revise its rates so they are adequate to recover, in accordance with sound business principles, the costs associated with the acquisition, conservation and transmission of electric power, and to recover the Federal investment in the Federal Columbia River Power System (FCRPS) and other costs incurred by BPA. BPA is reopening its WP-07 wholesale power rate proceeding, which established power rates for Fiscal Years (FY) 2007-2009, in order to respond to recent decisions from the United States Court of Appeals for the Ninth Circuit (Ninth Circuit or Court) and to revise rates for FY 2009. This 2007 Supplemental Wholesale Power Rate Adjustment Proceeding (WP-07 Supplemental Proceeding) responds to the Court's remand of BPA's WP-02 power rates for FY 2002-2006. This proceeding also responds to a separate Court decision that found BPA's 2000 Residential Exchange Program (REP) Settlement Agreements (REP Settlement Agreements) contrary to law. In response, BPA proposes to determine the amounts of REP settlement costs improperly included in FY 2002-2008 power rates, recover those amounts from investor owned utility customers (IOUs) over time and return improperly included amounts to preference customers. The WP-07 Supplemental Proceeding also includes proposed revisions to BPA's Section 7(b)(2) Legal Interpretation and Section 7(b)(2) Implementation Methodology. Persons that previously intervened in BPA's WP-07 Wholesale Power Rate Adjustment Proceeding automatically continue their party status in the WP-07 Supplemental Proceeding. Other persons wishing to become a formal party to the proceeding must file a petition to intervene, notifying BPA in writing of their intention to do so in conformance with the requirements stated in this Notice.