142 Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Notices 

GI and EI service charges/energy 

accounting will be netted within the 

hour, or in accordance with approved 

policies and procedures, with charges 

for both services allowable only when 

the imbalances for both are deficit rather 

than offsetting (note that this only 

applies to netting within the 

bandwidth). 

Potential Example of an Addition 

Presented above: 

Transmission Provider or SBA can 

charge customer for both GI and EI 

service in the same hour, but not if the 

imbalances offset each other. 

Example of Offsetting: 

• For example—Customer A 

〉〉 GI:–10MW deficit 

〉〉 EI service: 5MW surplus 

〉〉 Customer A charged: 5MW (GI 

charge) 

Example of Aggravating (increasing— 

absolute value) 

• For example—Customer B 

〉〉 GI Service:–10MW deficit 

〉〉 EI service:–10MW deficit 

〉〉 Customer A charged:–10MW for GI 

charge plus -10MW for EI charge 

Legal Authority 

These proposed rates for COTP, PACI, 

CVP transmission, Western power, and 

related services are being established 

pursuant to the DOE Organization Act 

(42 U.S.C. 7101–7352); the Reclamation 

Act of 1902 (ch. 1093, 32 Stat. 388), as 

amended and supplemented by 

subsequent enactments, particularly 

section 9(c) of the Reclamation Project 

Act of 1939 (43 U.S.C. 485(c)); and other 

acts that specifically apply to the project 

involved. 

By Delegation Order No. 00–037.00, 

effective December 6, 2001, the 

Secretary of Energy delegated: (1) The 

authority to develop power and 

transmission rates to Western’s 

Administrator; (2) the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Deputy Secretary of Energy; and (3) the 

authority to confirm, approve, and place 

into effect on a final basis, to remand, 

or to disapprove such rates to FERC. 

Existing DOE procedures for public 

participation in power rate adjustments 

(10 CFR part 903) were published on 

September 18, 1985 (50 FR 37835). 

Availability of Information 

All brochures, studies, comments, 

letters, memorandums, or other 

documents made or kept by Western for 

developing the proposed rates are 

available for inspection and copying at 

the Sierra Nevada Regional Office, 

located at 114 Parkshore Drive, Folsom, 

California. 

Ratemaking Procedure Requirements 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321, et seq.), the 

Council on Environmental Quality 

Regulations for implementing NEPA (40 

CFR parts 1500–1508); and DOE NEPA 

Implementing Procedures and 

Guidelines (10 CFR part 1021), Western 

has determined that this action is 

categorically excluded from further 

NEPA analysis. 

Determination Under Executive Order 

12866 

Western 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. 

Dated: December 22, 2010. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. 2010–33108 Filed 12–30–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9245–9] 

Notice of Prevention of Significant 

Deterioration Final Determination for 

Russell City Energy Center 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Notice of final action. 

SUMMARY: This notice announces that on 

November 18, 2010, the Environmental 

Appeals Board (EAB) of the EPA denied 

Petitions for Review of a Federal 

Prevention of Significant Deterioration 

(PSD) Permit issued to Russell City 

Energy Center, LLC by the Bay Area Air 

Quality Management District 

(‘‘BAAQMD’’). 

DATES: The effective date for the EAB’s 

decision is November 18, 2010. 

Pursuant to section 307(b)(1) of the 

Clean Air Act, 42 U.S.C. 7607(b)(1), 

judicial review of this permit decision, 

to the extent it is available, may be 

sought by filing a Petition for Review in 

the United States Court of Appeals for 

the Ninth Circuit on or before March 4, 

2011. 

ADDRESSES: The documents relevant to 

this notice are available for public 

inspection during normal business 

hours at the following address: U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne St., San 

Francisco, CA 94105. To arrange 

viewing of these documents, call 

Shaheerah Kelly at (415) 947–4156. Due 

to building security procedures, please 

call Ms. Kelly at least 24 hours before 

you would like to view the documents. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, Air Division, U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne St., San 

Francisco, CA 94105. Anyone who 

wishes to review the EAB decision can 

obtain it at http://www.epa.gov/eab/. 

SUPPLEMENTARY INFORMATION: 

Notification of EAB Final Decision: The 

BAAQMD, acting under authority of a 

PSD delegation agreement dated 

February 4, 2008, issued a PSD permit 

to Russell City Energy Center, LLC, on 

February 3, 2010, granting approval to 

construct a new 600-megawatt natural 

gas-fired combined-cycle power plant in 

Hayward, California. Five petitioners 

filed timely Petitions for Review of the 

PSD decision with the EAB. The EAB 

issued an Order denying the Petitions 

for review on November 18, 2010. One 

petitioner filed a Motion and 

Supplemental Motion for 

Reconsideration and/or Clarification 

and Stay of the EAB’s November 18, 

2010 Order. 

On December 17, 2010, the EAB 

issued an Order denying the Motion and 

Supplemental Motion for 

Reconsideration and/or Clarification 

and Stay. 

Dated: December 20, 2010. 

Kerry Drake, 

Acting Director, Air Division, Region 9. 

[FR Doc. 2010–32969 Filed 12–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9247–1] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Town of 

Smyrna, DE 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy American 

Requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(2) [manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the Town of Smyrna, DE (‘‘Town’’), 

for the purchase of GreensandPlus 

pressure filter media, manufactured in 

Brazil, for six pressure filters. This is a 

project specific waiver and only applies 

to the use of the specified product for 

the ARRA project being proposed. Any 


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