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

In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below.

The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years, an information collection request with the Office of Management and Budget (OMB). Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

Bonneville Power Administration (BPA) proposes a revised methodology for determining the average system cost (ASC) of resources for regional electric utilities that participate in the Residential Exchange Program (REP) authorized by section 5(c) of the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act). The ASC methodology is used in the determination of monetary benefits paid by BPA to utilities participating in the REP. The Northwest Power Act authorizes the BPA Administrator to determine utilities' ASCs based on a methodology developed by BPA in consultation with the Northwest Power and Conservation Council, BPA customers and state regulatory agencies in the Pacific Northwest. The existing methodology was adopted by BPA and approved by the Federal Energy Regulatory Commission (FERC or Commission) in 1984 (1984 ASC Methodology). On August 1, 2007, the Administrator initiated a series of public meetings in which informal comment was taken on 17 specific issues pertaining to the 1984 ASC Methodology. Based in part on public comment, the methodology proposed by BPA in this notice redefines the types of capital and expense items includable in ASC, establishes new data sources from which ASCs are to be derived, and changes the nature and timing of BPA's procedures for review of ASC filings by utilities participating in the REP. This notice also contains detailed procedures for public participation in the consultation proceeding. This consultation proceeding is intended to facilitate the compilation of a full record upon which the Administrator will base his decision for a final ASC Methodology. Although preliminary informal comments have already been made by some groups and members of the public, this notice formally solicits public comment. With the issuance of this proposal, BPA welcomes different approaches, new ideas and other types of feedback from interested parties. This proposal was developed with guidance from public workshops and is meant to provide a foundation that will facilitate further ideas and approaches. In order to participate in the REP during FY 2009, a Pacific Northwest utility must notify BPA of its intent to participate by February 22, 2008. A utility also must submit an ASC filing (an Appendix 1) to BPA by March 3, 2008, or BPA will use the corresponding Appendix 1 from its WP-07 Supplemental Power Rate Adjustment Proceeding as the base filing to determine the utility's ASCs for FY 2009. During the comment period on the proposed ASC Methodology, interested parties will have the opportunity to participate in an expedited process for determining exchanging utilities' ASCs for FY 2009 based on the proposed methodology. In addition to the comments submitted, BPA expects to learn through this expedited process where improvements or changes to the proposed methodology can be made. Workshops will be held during the comment period to help facilitate feedback and explore different ideas. BPA strives to develop, in concert with the region, an ASC Methodology that will be legally sustainable, efficient, and durable over time.

Pursuant to section 215 of the Federal Power Act (FPA), the Commission approves eight Critical Infrastructure Protection (CIP) Reliability Standards submitted to the Commission for approval by the North American Electric Reliability Corporation (NERC). The CIP Reliability Standards require certain users, owners, and operators of the Bulk-Power System to comply with specific requirements to safeguard critical cyber assets. In addition, pursuant to section 215(d)(5) of the FPA, the Commission directs NERC to develop modifications to the CIP Reliability Standards to address specific concerns.

DOE has issued the attached Procedural Order eliminating the quarterly reporting requirement and modifying the current monthly reporting requirement for existing and future orders authorizing the import and export of natural gas and liquefied natural gas (LNG). The Procedural Order includes the background and basis for the reporting and the new monthly requirement as modified.

Section 132 of Public Law 109-103 (2005) authorized and directed the Secretary of the Army to implement alternatives BS-3 and NF-7, as described in the White River Minimum Flows Reallocation Study Report, Arkansas and Missouri, dated July 2004. The law states that the Administrator, Southwestern Power Administration (Southwestern), shall determine any impacts on electric energy and capacity generated at Federal Energy Regulatory Commission (FERC) Project No. 2221 caused by the storage reallocation at Bull Shoals Lake. Further, the licensee of Project No. 2221 shall be fully compensated by the Corps of Engineers for those impacts on the basis of the present value of the estimated future lifetime replacement costs of the electrical energy and capacity at the time of implementation of the White River Minimum Flows project. The law also states that losses to the Federal hydropower purpose of the Bull Shoals and Norfork Projects shall be offset by a reduction in the costs allocated to the Federal hydropower purpose. Further, such reduction shall be determined by the Administrator of Southwestern on the basis of the present value of the estimated future lifetime replacement cost of the electrical energy and capacity at the time of implementation of the White River Minimum Flows project. Assuming a January 1, 2011, date of implementation, Southwestern has made a draft determination that the present value of the estimated future lifetime replacement costs of the electrical energy and capacity at FERC Project No. 2221 is $21,363,700. Southwestern has made a draft determination that the present value of the estimated future lifetime replacement costs of the electrical energy and capacity for Federal hydropower is $41,584,800.

The Department of Energy (DOE) is accepting requests for Technical Assistance for large-scale, high-visibility solar installation projects that have the ability to impact the market for solar technologies through large project size, use of a novel solar technology, and/or use of a novel application for a solar technology. In addition, it is desired that the project be replicable or have replicable components. It is not expected that all projects will meet all of these parameters, but projects would ideally reflect some or most of these qualities. Large-scale installations may include photovoltaic, concentrating solar power, solar water heating, and solar space heating applications. Technical assistance will not be provided for research, product development, or early stage testing and evaluation of any technology or product. Solar America Showcases focus on providing support to projects in which a commercially-ready technology is to be installed in a large-scale application with full financial project commitment already in place. Any legal entity, to include private sector for-profit and non- profit organizations, State and local governments, and trade and other associations may request DOE Technical Assistance under this Notice, so long as the installation proposed by the organization, and for which the Technical Assistance will be provided, is located in the United States. Federal agencies are not permitted to request Technical Assistance under this Notice. Federally Funded Research and Development Center (FFRDC) Contractors may not submit a request for Technical Assistance, may not participate as a team partner with any entity requesting Technical Assistance, and may not assist any entity with their submission of a request for Technical Assistance under this Notice. Nonprofit organizations described in section 501(c)(4) of the Internal Revenue Code of 1986 that engaged in lobbying activities after December 31, 1995 are not permitted to submit a request for Technical Assistance under this Notice. Technical Assistance described under this Notice will be provided via a Memorandum of Agreement (MOA) between DOE, the organization selected to receive the Technical Assistance, and the Technical Assistance Team Leader responsible for providing the Technical Assistance. A MOA is a collaborative agreement between the Federal Government and other parties to work together on a mutually beneficial activity. The MOA will detail the scope of the Technical Assistance activities, the forms of collaboration, the responsibilities of the partners to the Agreement, and the treatment of any potential intellectual property. Federal funding will not be provided to a partner under a MOA.

Synergy Power Marketing, Inc. (Synergy) has applied for authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act.