48942 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

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Dated: September 22, 2009. 

Cornelia S. Orr, 

Executive Director, National Assessment 

Governing Board, U.S. Department of 

Education. 

[FR Doc. E9–23205 Filed 9–24–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Notice of Interim Approval 

AGENCY: Southeastern Power 

Administration, DOE. 

ACTION: Notice of Rate Order. 

SUMMARY: The Deputy Secretary of the 

Department of Energy, confirmed and 

approved, on an interim basis, Rate 

Schedules JW–1–I and JW–2–F. The 

rates were approved on an interim basis 

through September 19, 2014, and are 

subject to confirmation and approval by 

the Federal Energy Regulatory 

Commission (Commission) on a final 

basis. 

DATES: Approval of rates on an interim 

basis is effective September 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Leon Jourolmon, Assistant 

Administrator, Finance & Marketing, 

Southeastern Power Administration, 

Department of Energy, 1166 Athens 

Tech Road, Elberton, Georgia 30635– 

6711, (706) 213–3800. 

SUPPLEMENTARY INFORMATION: The 

Commission, by Order issued April 18, 

2005, in Docket No. EF04–3031–000, 

confirmed and approved Wholesale 

Power Rate Schedules JW–1–H and JW– 

2–E. Rate schedules JW–1–I and JW–2– 

F replace these schedules. 

Dated: September 18, 2009. 

Daniel B. Poneman, 

Deputy Secretary. 

Department of Energy, Deputy 

Secretary; In the Matter of: 

Southeastern Power Administration, 

Jim Woodruff Project Power Rates; Rate 

Order No. SEPA–51; Order Confirming 

and Approving Power Rates on an 

Interim Basis 

Pursuant to Sections 302(a) of the 

Department of Energy Organization Act, 

Public Law 95–91, the functions of the 

Secretary of the Interior and the Federal 

Power Commission under Section 5 of 

the Flood Control Act of 1944, 16 U.S.C. 

825s, relating to the Southeastern Power 

Administration (‘‘Southeastern’’ or 

‘‘SEPA’’) were transferred to and vested 

in the Secretary of Energy. By 

Delegation Order No. 00–037.00, 

effective December 6, 2001, the 

Secretary of Energy delegated to 

Southeastern’s Administrator the 

authority to develop power and 

transmission rates, delegated to the 

Deputy Secretary of Energy the 

authority to confirm, approve, and place 

in effect such rates on an interim basis, 

and delegated to the Federal Energy 

Regulatory Commission 

(‘‘Commission’’) the authority to 

confirm, approve, and place into effect 

on a final basis or to disapprove rates 

developed by the Administrator under 

the delegation. This rate order is issued 

by the Deputy Secretary pursuant to 

said delegation. 

Background 

Power from the Jim Woodruff Project 

is presently sold under Wholesale 

Power Rate Schedules JW–1–H and JW– 

2–E. These rate schedules were 

approved by the Commission on April 

18, 2005, for a period ending September 

19, 2009 (111 FERC ¶61,067). 

Public Notice and Comment 

Southeastern prepared a Power 

Repayment Study, dated March 2009, 

that showed that revenues at current 

rates were not adequate to meet 

repayment criteria. A revised study with 

a revenue increase of $5,575,000 

produced rates that are adequate to meet 

repayment criteria. On March 11, 2009, 

by Federal Register notice (74 FR 

10570), Southeastern proposed a rate 

adjustment of about 70.6 percent to 

recover this revenue. The notice also 

announced a Public Information and 

Comment Forum to be held April 23, 

2009, in Tallahassee, Florida. Nine 

parties asked questions or made 

comments at the forum. Responses to 

the questions are part of the written 

record of the forum. Written comments 

were accepted on or before June 26, 

2009. Written comments were received 

from two sources. After review of all 

comments received Southeastern 

revised the repayment study. The new 

revised study with a revenue increase of 

$5,393,000 produces rates that are 

adequate to meet repayment criteria. 

The proposed rate adjustment is an 

increase of about 67.3 percent. 

Staff Review of Comments 

The following comments were 

received during the public comment 

period. Southeastern’s response follows 

each comment. 

Comment 1: The Southeastern Federal 

Power Customers (‘‘SeFPC’’) submitted 

comments on behalf of certain 

preference customers of the Jim 

Woodruff System (‘‘Jim Woodruff 

Preference Customers’’). The Jim 

Woodruff Preference Customers suggest 

setting aside the rate for the five year 

study period and preparing an interim 

one year rate, or in the alternative, 

setting a one year interim rate with an 

express understanding that SEPA will 

revisit the rate for the five year study 

period within one year. 

Response 1: Contract provisions in the 

Jim Woodruff System allow rate 

schedules to be adjusted periodically. 

One of the main drivers of this rate 

adjustment is the need to recover 

capitalized deficits in the rate period. 

The proposed rates are expected to 

recover these deficits in the five year 

period that the rate schedules are 

proposed to remain in effect. 

Southeastern interprets DOE Order RA 

6120.2 to call for the proposed rates to 

recover capitalized deficits in the rate 

period. To recover the capitalized 

deficits in a one-year period, the 

proposed rates would have to be 

substantially higher than Southeastern 

is proposing. Southeastern is proposing 

that the rate schedules be approved for 

a five year period and will, if the 

customers make a request to 

Southeastern, revisit these rates in one 

year. 

Comment 2: The Jim Woodruff 

Preference Customers suggest evaluating 

the implementation of the contract with 

Progress Energy Florida that supplies 

replacement power in the event that the 

Jim Woodruff Project is unavailable. 

Response 2: Southeastern cannot 

change the existing agreement or the 

interpretation of the existing agreement 

with Progress Energy Florida 

unilaterally. Any change to the 

implementation of the existing 

agreement or modification of the 

existing agreement will require the 

consent of Progress Energy Florida. The 

existing agreement is a bundled 


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arrangement that includes transmission, 

firming energy, support capacity, and 

sales of energy surplus of the customers’ 

needs to Progress Energy Florida. The 

agreement precedes FERC’s open access 

rules. Southeastern will pursue changes 

to the existing agreement with Progress 

Energy Florida if a preponderance of the 

Jim Woodruff preference customers 

make a request. 

Comment 3: The Jim Woodruff 

Preference Customers suggest removing 

the marginal cost of the additional 9 

MW of nameplate capacity from the 

existing rate schedule in light of the 

unavailability of that capacity at the Jim 

Woodruff Project. 

Response 3: The total nameplate 

capacity at the Jim Woodruff Project is 

43.35 MW. DOE Order RA 6120.2 

requires Southeastern to recover all 

costs placed in service and allocated to 

the power function. Southeastern has no 

information on the incremental costs 

associated with the increased capacity 

associated with the rehabilitation of the 

Jim Woodruff Project. The capacity 

increase was considered incidental and 

the marginal cost is thought to be 

minimal. Southeastern will request 

information from the U.S. Army Corps 

of Engineers (‘‘Corps’’) on the 

incremental cost associated with the 

additional 9 MW. A request for approval 

of a rate adjustment that does not 

include these costs would require a 

departure from the requirements of DOE 

Order RA 6120.2. 

Comment 4: The Jim Woodruff 

Preference Customers suggest 

developing communications protocols 

that will allow the Jim Woodruff 

Preference Customers to understand on 

a real time basis the operations of the 

Jim Woodruff Project including the 

availability or lack thereof of capacity 

and energy. 

Response 4: Southeastern will 

consider any communications protocols 

the Jim Woodruff Preference Customers 

request. To the extent that there are 

material costs associated with the 

requested communications protocols, 

these costs would be charged to the Jim 

Woodruff System and recovered from 

Jim Woodruff customers. 

Comment 5: The Jim Woodruff 

Preference Customers suggest providing 

a vigorous review of operations and 

maintenance (‘‘O&M’’) expenses 

incurred by the Corps and charged to 

the Jim Woodruff Project. 

Response 5: The Corps provides 

detailed annual reports of O&M costs 

charged to the Jim Woodruff Project to 

the O&M Committee of the Southeastern 

Federal Power Customers (SeFPC). This 

provides opportunity for vigorous 

review of these costs. 

Comment 6: The Jim Woodruff 

Preference Customers suggest 

developing a rate that provides 

transparency as to the repayment of 

expenses, particularly accumulated 

deficits. 

Response 6: DOE Order RA6120.2 

requires power marketing 

administrations to update and monitor 

the status of repayment for all power 

marketing systems annually. The status 

of repayment is reported annually in the 

annual report for the Southeastern 

Federal Power Program. Southeastern 

will provide reports on the status of 

repayment that the customers request. 

Comment 7: SEPA admits that the 

estimates for purchased power expenses 

are nothing more than a simple two year 

average of the last two years of 

purchased power expenses in support of 

the Jim Woodruff Project. This historical 

two year average reflects a period of 

atypical and extremely limited water 

flows due to drought conditions in the 

region. This approach is overly 

simplistic and fails to take into account 

multiple factors that SEPA should have 

considered in determining a suitable 

level for purchased power expenses in 

the study period. Specifically, SEPA 

should have considered: 

(1) Anticipated more normal flows; 

(2) Availability of the units at the Jim 

Woodruff Project; 

(3) Scheduled outages; 

(4) Progress Energy’s expected average 

system cost including the fuel 

adjustment clause in the existing 

contract with Progress Energy; and 

(5) Any particular load factors for the 

individual customers of the Jim 

Woodruff Project. 

Taken together, these factors would 

provide a sound basis for SEPA to set 

a level of purchased power expense for 

the next year. 

Response 7: Purchased power expense 

for the Jim Woodruff System has been 

volatile. Over the last five years, the 

expense has increased from about 

$495,000 in Fiscal Year 2004 to about 

$4,371,000 in Fiscal Year 2008. This 

volatility makes estimating the 

purchased power expense for rate 

setting purposes challenging. Marketing 

arrangements in the Jim Woodruff 

System require Southeastern to provide 

energy to preference customers at the 

same load factor as the customers’ other 

supplier. This means that the preference 

customers can impose an obligation on 

Southeastern to purchase more power 

by allocating capacity to delivery points 

that have a higher load factor. In the 

past two years, some Jim Woodruff 

customers have done this. Southeastern 

has limited experience with the new 

delivery points. However, it appears 

that these new delivery points will 

require Southeastern to purchase more 

power from Progress Energy Florida and 

will reduce the amount of residual 

energy available for sale to Progress 

Energy Florida. 

Due to Southeastern’s limited 

experience with the new delivery 

points, Southeastern views modeling 

based on historic averages to be of 

limited value. Southeastern has limited 

in-house modeling capability. 

Southeastern is not convinced that more 

expensive modeling techniques yield 

more accurate results. Therefore, 

Southeastern will use the estimated 

purchased power costs included in the 

earlier repayment studies. 

Regardless of the estimate used for 

rate-setting purposes, Southeastern is 

required to recover the cost of 

purchased power from the sale of 

power. Any variance of actual costs 

from the estimates will be recovered in 

the next rate adjustment. 

Comment 8: In documents prepared 

by the Corps and attached hereto 

(Attachment B), the Corps has predicted 

that they would spend roughly $4.8 

million per year on Corps O&M 

activities for the Jim Woodruff Project 

that are allocated to hydropower for 

fiscal year 2010 to 2013. Accordingly, 

the Jim Woodruff Preference Customers 

suggest that this figure of $4.8 million 

is an appropriate amount to include for 

years 2–5 of the study period as a base 

amount. 

Response 8: Southeastern proposed 

rates in March of 2009. The Corps 

provides Southeastern with projections 

of O&M expenses and capital outlays in 

April. At the time rates were proposed, 

the April 2008 projections were the 

most recent projections available. 

Southeastern will use the April 2009 

projections in the rates that are 

proposed to the Deputy Secretary. 

Regardless of the estimate used for 

rate-setting purposes, Southeastern is 

required to recover the cost of Corps 

O&M from the sale of power. Any 

variance of actual costs from the 

estimates will be recovered in the next 

rate adjustment. 

Comment 9: The Jim Woodruff 

Preference Customers believe that SEPA 

needs to perform the following analyses 

under the contract: 

(1) Calculate whether Progress 

Energy’s sale of firming energy leads to 

sales of energy to Progress Energy that 

would otherwise be available to the Jim 

Woodruff Preference Customers; 

(2) Evaluate the practices employed 

by Progress Energy to calculate the 

aggregate deficiency energy requirement 

under the contract; and 


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(3) Determine whether such practices 

allow Progress Energy to true up energy 

obligations in a manner that increases 

the overall purchased power obligation 

for SEPA. 

Response 9: See Response 2, above. 

Comment 10: SEPA has indicated that 

the full cost of the hydropower plant 

and service at the Jim Woodruff Project 

is included in the rates. SEPA considers 

the full 45 megawatt nameplate capacity 

to be the plant in service and subject to 

cost recovery from the customers under 

the rate. However, SEPA’s marketing 

policy only allows for the marketing of 

36 megawatts from the Jim Woodruff 

Project. Indeed it is arbitrary and 

capricious for SEPA to set a rate that 

recovers excess amounts from the 

customers that is in clear departure from 

its marketing policy. Accordingly, the 

Jim Woodruff Preference Customers 

believe that the marginal cost for the 

rehabilitation that raised the nameplate 

capacity from the previous 36 

megawatts to the current 45 megawatts 

should be excluded from the rate base 

in the repayment study. 

Response 10: See Response 3, above. 

Comment 11: The Jim Woodruff 

Preference Customers encourage SEPA 

to meet and develop real time 

communications protocols which would 

allow the individual Jim Woodruff 

Preference Customers, to integrate this 

resource into their own systems on a 

real time basis and allow them to take 

full advantage the Jim Woodruff project 

energy and capacity. 

Response 11: See Response 4, above. 

Comment 12: At the forum conducted 

in Tallahassee, SEPA made the assertion 

that the Jim Woodruff Preference 

Customers have signed off on the O&M 

expenses for the Jim Woodruff Project 

through the O&M Committee of the 

SeFPC. This is plainly false. 

Response 12: Southeastern has 

reviewed the transcripts of the forum 

conducted in Tallahassee, Florida, on 

April 23, 2009. The words ‘‘signed’’ or 

‘‘off’’ do not appear in the transcripts. 

The quote from the transcript the 

commenter appears to be referring to is 

as follows: 

MR. JOUROLMON: ‘‘Southeastern Power 

customers, of which you’re all members, 

have a committee that looks at the estimates 

of the Corps of Engineer costs and compares 

them with the actuals. 

That committee will be meeting on 

Monday, this coming Monday. They will be 

looking at it in depth. The numbers that we 

used in our study were the numbers that 

were looked at a year ago at this time. 

The projections were made a year ago and 

were studied at that time. There are a lot of 

increases in there. One of those that I can 

recall is environmental support. 

We can go through and give you several 

other examples, but the truth of the matter is 

that committee is the one who does look at 

them. And customers, maybe not from your 

system, but Southeast Federal Power 

customers are the ones who look at those 

costs, and the Corps explains those costs to 

them.’’ 

Southeastern believes that the 

activities of the O&M Committee of the 

SeFPC give the customers the best 

opportunity to review the Corps O&M 

Expenses. Participation in the O&M 

committee does not require participants 

to sign off on the Corps’ projections or 

the actual costs incurred. 

Regardless of the estimate used for 

rate-setting purposes, Southeastern is 

required to recover the actual cost of 

Corps O&M from the sale of power. Any 

variance of actual costs from the 

estimates will be recovered in the next 

rate adjustment. 

Comment 13: An appropriate audit is 

merited in the immediate circumstance 

of those expenses that are allocated to 

hydropower that are appropriately 

termed environmental restoration 

activities. The Jim Woodruff Preference 

Customers strongly question whether it 

is appropriate for SEPA to include 

several activities including the 

elimination of aquatic nuisance plants 

and certain environmental studies at the 

Jim Woodruff Project in the rates 

charged to the hydropower customers. 

Response 13: Under DOE Order RA 

6120.2, Southeastern is required to 

recover all costs allocated to the power 

function, including joint costs allocated 

to the power function. 

Southeastern will work with the 

customers and the Corps to assure that 

all costs are properly allocated. 

Southeastern suggests that the O&M 

Committee of the SeFPC is the best 

means to provide this review. 

The SeFPP financial statements are 

audited by an independent audit firm, 

as required under DOE Order RA 

6120.2. In addition, the Corps financial 

statements are subject an independent 

audit as well as an internal audit. The 

auditors’ responsibilities include 

assuring that costs are appropriately 

allocated and reported. Southeastern 

does not believe that any additional 

audit is merited. 

Comment 14: In light of the 

shortcomings of the prior rate, the Jim 

Woodruff Preference Customers ask 

SEPA to take the following steps with 

the current rate proposal: 

(1) Institute an annual reporting of the 

revenues and expenses in order to know 

whether deficiencies exist with regard 

to the rate before the end of the five year 

study period; and 

(2) Indicate on monthly bills the 

amount of the accumulated deficit that 

has been paid and the amount that 

remains to be paid. 

Response 14: Under DOE Order RA 

6120.2 Southeastern is required to 

update the repayment studies for all 

systems within 180 days of the close of 

the previous fiscal year. The status of 

repayment is reported annually in the 

annual report for the Southeastern 

Federal Power Program. 

Under current accounting practices of 

the Southeastern Federal Power 

Program (SeFPP), the Corps provides 

Southeastern with financial reports 

annually. Providing a report on the 

monthly bills of the accumulated deficit 

that has been paid and the amount that 

remains to be repaid is not possible 

without an upgrade to the financial 

reporting of Southeastern and the Corps. 

Southeastern provides an annual 

report on the status of repayment that 

are included in the SeFPP annual 

report. Southeastern can provide 

additional reports at the customers’ 

request. 

Southeastern can provide reports on 

purchased power expense monthly. 

Comment 15: Quincy is not in favor 

of a pass through of purchase power 

cost. Power purchases should continue 

to be placed in the rate established by 

SEPA. 

Response 15: Southeastern informally 

discussed the possibility of a rolling 12 

month pass-through of purchased power 

costs and the benefits of residual energy 

sales to the preference customers. 

Because the customers did not endorse 

the proposal, it is not part of this rate 

proposal. 

Southeastern is required to recover all 

purchased power costs from the sale of 

power, whether by a pass-through rate 

design or by bundling the costs into the 

capacity and energy charge, as proposed 

in this rate adjustment. Any variance of 

actual costs from the estimates will be 

recovered in the next rate adjustment. 

Comment 16: SEPA has increased the 

revenue from Progress Energy by 2.5 

times for each year of the study period. 

Response 16: Revenue from sales to 

Progress Energy is estimated to be 

$700,000 per year for the five-year 

period the rates are proposed to remain 

in effect. 

Comment 17: Apparently SEPA 

intends to sell Progress Energy the 

excess capacity of the difference 

between the three rated units at 14,450 

kilowatts (43,350 kw) less 36,000 

kilowatts that is currently contracted to 

the Preference Customers. The rate 

design must be changed to allocate this 

additional capacity to the Preference 

Customers. 


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Response 17: All of the capacity that 

is marketed from the Jim Woodruff 

Project is delivered to preference 

customers. Under the current contract 

with Progress Energy Florida, 

Southeastern can deliver 36,000 

kilowatts of capacity to preference 

customers. Southeastern will pursue 

changes to the existing agreement with 

Progress Energy Florida if a 

preponderance of the Jim Woodruff 

preference customers make a request. 

Comment 18: Quincy’s contract 

obligates SEPA to provide Quincy 

capacity requirements and associated 

energy. Instead of meeting its contract 

commitment, SEPA sells energy that is 

otherwise due to Quincy and other 

Preference customers. 

Response 18: The existing agreement 

between Southeastern and Progress 

Energy Florida provides for the sale of 

energy generated in excess of the 

preference customers’ load to Progress 

Energy Florida. Southeastern will 

pursue changes to the existing 

agreement with Progress Energy Florida 

if a preponderance of the Jim Woodruff 

preference customers make a request. 

Discussion 

System Repayment 

An examination of Southeastern’s 

revised system power repayment study, 

prepared in July 2009, for the Jim 

Woodruff Project, shows that with the 

proposed rates, all system power costs 

are paid within the 50-year repayment 

period required by existing law and 

DOE Procedure RA 6120.2. The 

Administrator of Southeastern has 

certified that the rates are consistent 

with applicable law and that they are 

the lowest possible rates to preference 

customers consistent with sound 

business principles. 

Environmental Impact 

Southeastern has reviewed the 

possible environmental impacts of the 

rate adjustment under consideration and 

has concluded the adjusted rates would 

not significantly affect the quality of the 

human environment within the meaning 

of the National Environmental Policy 

Act of 1969. The proposed action is not 

a major Federal action for which 

preparation of an Environmental Impact 

Statement is required. 

Availability of Information 

Information regarding these rates, 

including studies, and other supporting 

materials is available for public review 

in the offices of Southeastern Power 

Administration, 1166 Athens Tech 

Road, Elberton, Georgia 30635–6711. 

Submission to the Federal Energy 

Regulatory Commission 

The rates hereinafter confirmed and 

approved on an interim basis, together 

with supporting documents, will be 

submitted promptly to the Federal 

Energy Regulatory Commission for 

confirmation and approval on a final 

basis for a period beginning September 

20, 2009, and ending no later than 

September 19, 2014. 

Order 

In view of the foregoing and pursuant 

to the authority delegated to me by the 

Secretary of Energy, I hereby confirm 

and approve on an interim basis, 

effective September 20, 2009, attached 

Wholesale Power Rate Schedules JW–1– 

I and JW–2–F. The rate schedules shall 

remain in effect on an interim basis 

through September 19, 2014, unless 

such period is extended or until the 

Federal Energy Regulatory Commission 

confirms and approves them or 

substitute rate schedules on a final 

basis. 

Dated: September 18, 2009 

Daniel B. Poneman, 

Deputy Secretary 

Wholesale Power Rate 

Schedule JW–1–I 

Availability 

This rate schedule shall be available 

to public bodies and cooperatives 

served by the Progress Energy Florida 

and having points of delivery within 

150 miles of the Jim Woodruff Project 

(hereinafter called the Project). 

Applicability 

This rate schedule shall be applicable 

to firm power and accompanying energy 

made available by the Government from 

the Project and sold in wholesale 

quantities. 

Character of Service 

The electric capacity and energy 

supplied hereunder will be three-phase 

alternating current at a nominal 

frequency of 60 cycles per second 

delivered at the delivery points of the 

customer. 

Monthly Rate 

The monthly rate for capacity and 

energy made available or delivered 

under this rate schedule shall be: 

Demand Charge 

$13.06 per kilowatt of monthly 

contract demand. 

Energy Charge 

32.07 mills per kilowatt-hour. 

Billing Demand 

The monthly billing demand for any 

billing month shall be the lower of (a) 

the Customer’s contract demand or (b) 

the sum of the maximum 30-minute 

integrated demands for the month at 

each of the Customer’s points of 

delivery; provided, that, if an allocation 

of contract demand to delivery points 

has become effective, the 30-minute 

maximum integrated demand for any 

point of delivery shall not be considered 

to be greater than the portion of the 

Customer’s contract demand allocated 

to that point of delivery. 

Contract Demand 

The contract demand is the amount of 

capacity in kilowatts stated in the 

contract which the Government is 

obligated to supply and the Customer is 

entitled to receive. 

Energy Made Available 

During any billing month in which 

the Government supplies all the 

Customer’s capacity requirements for a 

particular delivery point, the 

Government will make available the 

total energy requirement of said point. 

When both the Government and the 

Progress Energy Florida are supplying 

capacity to a delivery point, each 

kilowatt of capacity supplied to such 

point during such month will be 

considered to be accompanied by an 

equal quantity of energy. 

Billing Month 

The billing month for power sold 

under this schedule shall end at 12 

midnight on the 20th day of each 

calendar month. 

Conditions of Service 

The customer shall, at its own 

expense, provide, install, and maintain 

on its side of each delivery point the 

equipment necessary to protect and 

control its own system. In so doing, the 

installation, adjustment, and setting of 

all such control and protective 

equipment at or near the point of 

delivery shall be coordinated with that 

which is installed by and at the expense 

of the Progress Energy Florida on its 

side of the delivery point. 

Service Interruption 

When energy delivered to the 

Customer’s system for the account of the 

Government is reduced or interrupted 

for one hour or longer, and such 

reduction or interruption is not due to 

conditions on the Customer’s system or 

has not been planned and agreed to in 

advance, the demand charge for the 

month shall be appropriately reduced. 


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48946 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

Proposed Wholesale Power Rate 

Schedule JW–2–F 

Availability 

This rate schedule shall be available 

to the Florida Power Corporation (or 

Progress Energy Florida, hereinafter 

called the Company). 

Applicability 

This rate schedule shall be applicable 

to electric energy generated at the Jim 

Woodruff Project (hereinafter called the 

Project) and sold to the Company in 

wholesale quantities. 

Points of Delivery 

Power sold to the Company by the 

Government will be delivered at the 

connection of the Company’s 

transmission system with the Project 

bus. 

Character of Service 

Electric power delivered to the 

Company will be three-phase alternating 

current at a nominal frequency of 60 

cycles per second. 

Monthly Rate 

The monthly rate for energy sold 

under this schedule shall be equal to 

100 percent of the calculated saving in 

the cost of fuel per KWH to the 

Company determined as follows: 

Energy Rate = × 100% Fm

Sm

[Computed to the nearest $0.00001 (1/ 

100mill) per KWH] 

Where: Fm = Company fuel cost in the 

current period as defined in Federal 

Power Commission Order 517 issued 

November 13, 1974, Docket No. R–479. 

Sm = Company sales in the current period 

reflecting only losses associated with 

wholesale sales for resale. Sale shall be 

equated to the sum of (a) generation, (b) 

purchases, (c) interchange-in, less (d) 

inter-system sales, less estimated 

wholesale losses (based on average 

transmission loss percentage for 

preceding calendar year). 

Determination of Energy Sold 

Energy will be furnished by the 

Company to supply any excess of 

Project use over Project generation. 

Energy so supplied by the Company will 

be deducted from the actual deliveries 

to the Company’s system to determine 

the net deliveries for energy accounting 

and billing purposes. Energy for Project 

use shall consist of energy used for 

station service, lock operation, Project 

yard, village lighting, and similar uses. 

The on-peak hours shall be the hours 

between 7 a.m. and 11 p.m., Monday 

through Sunday, inclusive. Off-peak 

hours shall be all other hours. 

All energy made available to the 

Company shall, to the extent required, 

be classified as energy transmitted to the 

Government’s preference customers 

served from the Company’s system. All 

energy made available to the Company 

from the Project shall be separated on 

the basis of the metered deliveries to it 

at the Project during on-peak and offpeak hours, respectively. Deliveries to 

preference customers of the Government 

shall be divided on the basis (with 

allowance for losses) of 77 percent being 

considered as on-peak energy and 23 

percent being off-peak energy. Such 

percentages may by mutual consent be 

changed from time to time as further 

studies show to be appropriate. In the 

event that in classifying energy there is 

more than enough on-peak energy 

available to supply on-peak 

requirements of the Government’s 

preference customers but less than 

enough off-peak energy available to 

supply such customers off-peak 

requirements, such excess on-peak 

energy may be applied to the extent 

necessary to meet off-peak requirements 

of such customers in lieu of purchasing 

deficiency energy to meet such off-peak 

requirements. 

Billing Month 

The billing month under this 

schedule shall end at 12:00 midnight on 

the 20th day of each calendar month. 

[FR Doc. E9–23233 Filed 9–24–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Energy Information Administration 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Energy Information 

Administration (EIA), Department of 

Energy (DOE). 

ACTION: Agency information collection 

activities: Submission for OMB review; 

comment request. 

SUMMARY: The EIA has submitted the 

Residential Energy Consumption Survey 

to the Office of Management and Budget 

(OMB) for review and a reinstatement 

under section 3507(h)(1) of the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13) (44 U.S.C. 3501 et seq). 

DATES: Comments must be filed by 

October 26, 2009. If you anticipate that 

you will be submitting comments but 

find it difficult to do so within that 

period, you should contact the OMB 

Desk Officer for DOE listed below as 

soon as possible. 

ADDRESSES: Send comments to OMB 

Desk Officer for DOE, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget. To 

ensure receipt of the comments by the 

due date, submission by FAX at 202– 

395–7285 or e-mail to 

Christine_Kymn@omb.eop.gov is 

recommended. The mailing address is 

726 Jackson Place, NW., Washington, 

DC 20503. The OMB DOE Desk Officer 

may be telephoned at (202) 395–4638. 

(A copy of your comments should also 

be provided to EIA’s Statistics and 

Methods Group at the address below.) 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Grace Sutherland. 

To ensure receipt of the comments by 

the due date, submission by FAX (202– 

586–5271) or e-mail 

(grace.sutherland@eia.doe.gov) is also 

recommended. The mailing address is 

Statistics and Methods Group (EI–70), 

Forrestal Building, 1000 Independence 

Ave, SW., U.S. Department of Energy, 

Washington, DC 20585–0670. Ms. 

Sutherland may be contacted by 

telephone at (202) 586–6264. 

SUPPLEMENTARY INFORMATION: This 

section contains the following 

information about the energy 

information collection submitted to 

OMB for review: (1) The collection 

numbers and title; (2) the sponsor (i.e., 

the Department of Energy component; 

(3) the current OMB docket number (if 

applicable); (4) the type of request (i.e., 

new, revision, extension, or 

reinstatement); (5) response obligation 

(i.e., mandatory, voluntary, or required 

to obtain or retain benefits); (6) a 

description of the need for and 

proposed use of the information; (7) a 

categorical description of the likely 

respondents; and (8) an estimate of the 

total annual reporting burden (i.e., the 

estimated number of likely respondents 

times the proposed frequency of 

response per year times the average 

hours per response). 

1. Forms EIA–457 A/G ‘‘Residential 

Energy Consumption Survey.’’ 

2. Energy Information Administration. 

3. OMB Number 1905–0092. 

4. Reinstatement. 

5. Mandatory. 

6. EIA’s Residential Energy 

Consumption Survey (RECS) collects 

basic data necessary to meet EIA’s 

legislative mandates as well as the 

energy consumption and expenditures 

and related subjects for the household 

sector of the U.S. economy. 

7. Individuals, Federal, State, and 

local Government as well as Business or 

other for-profit. 

8. 8,784 annual burden hours. 


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