[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Pages 44276-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6693]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Consideration of Certain Public Utility Regulatory Policies Act 
Standards Set Forth in the Energy Policy Act of 2005

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of Public Hearing.

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SUMMARY: As a nonregulated electric utility, the Western Area Power 
Administration (Western) must consider and determine whether to 
implement certain standards under the Energy Policy Act of 2005, which 
amended the Public Utility Regulatory Policies Act of 1978 (PURPA). 
Standards that Western intends to consider include net metering, fuel 
source diversity, fossil fuel generation efficiency, smart metering, 
and consumer interconnections. A brochure entitled ``Preconsideration 
of Sections 1251, 1252, and 1254 of the Energy Policy Act of 2005'' 
will be prepared and will be available for public review by September 
25, 2006.

DATES: A public hearing will be held on October 26, 2006, beginning at 
10 a.m., at Western's Corporate Service Office. Written comments on 
whether Western should adopt the standards must be received by November 
10, 2006, to be assured of consideration.

ADDRESSES: The public hearing location is at 12155 West Alameda 
Parkway, Lakewood, CO. Western will post information about this 
process, including an electronic copy of the preconsideration brochure, 
at http://www.wapa.gov/dsw/pwrmkt/PURPA/. For further information 
concerning the public hearing or to request a hard copy of the 
brochure, contact Ms. Sylvia Macfarlane, Desert Southwest Region, 
Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-
6457; (602) 605-2575, e-mail <a href="/cdn-cgi/l/email-protection#543935373235263814233524357a333b22"><span class="__cf_email__" data-cfemail="a5c8c4c6c3c4d7c9e5d2c4d5c48bc2cad3">[email protected]</span></a>. Written comments may be 
submitted to this address, submitted electronically to <a href="/cdn-cgi/l/email-protection#eca8bfbbb3bcb9bebcadac9b8d9c8dc28b839a"><span class="__cf_email__" data-cfemail="e5a1b6b2bab5b0b7b5a4a592849584cb828a93">[email protected]</span></a> or faxed to (602) 605-2828, attention: Deborah Emler, 
Project Manager.
    As access to Western facilities is controlled, any U.S. citizen 
wishing to attend any meeting held at Western must present an official 
form of picture identification, such as a U.S. driver's license, U.S. 
passport, U.S. Government ID, or U.S. Military ID, at the time of the 
meeting. Foreign nationals should contact Western at least 45 days in 
advance of the meeting to obtain the necessary form to be admitted to 
Western's offices.

[[Page 44277]]


SUPPLEMENTARY INFORMATION: Western, as a non-regulated electric 
utility, is subject to Title XII, Subtitle E of the Energy Policy Act 
of 2005--Amendments to PURPA and is required to consider the 
implementation of certain standards.
    Western was established on December 21, 1977, under the Department 
of Energy Organization Act of 1977 (DOE Act). The DOE Act transferred 
to the Secretary of Energy all functions of the Secretary of the 
Interior with respect to, among other things, the power marketing 
functions of the Bureau of Reclamation (Reclamation), including the 
construction, operation, and maintenance of transmission lines and 
attendant activities. Western was established to administer those 
functions transferred from Reclamation.
    Western sells power to approximately 680 customers consisting of 
cooperatives, municipalities, public utility districts, private 
utilities, Federal and State Agencies, Indian tribes, water systems and 
irrigation districts. Electric power marketed by Western is generated 
by the hydroelectric resources of Reclamation, the Corps of Engineers, 
and the International Boundary and Water Commission. Additionally, 
Western markets the United States' entitlement from the large Navajo 
coal-fired plant near Page, Arizona.
    Western's transmission system, totaling approximately 17,000 line 
miles with over 258 substations, includes several project-specific 
systems, some of which are interconnected with one another. There are 
also numerous interconnections between Western's systems and other 
systems. Geographically, Western's transmission systems operate in 15 
States that are generally west of the Mississippi River.
    Western's obligations to its customers are contractually 
established. Western neither claims nor accepts any utility 
responsibility. Customer requirements in excess of the power and energy 
available to that customer from Western must be obtained by the 
customer from other sources.
    The major projects from which Western markets power include the 
Boulder Canyon Project, Central Arizona Project, Central Valley 
Project, Colorado River Storage Project, Colorado River Basin Project, 
Falcon-Amistad Project, Parker-Davis Project, and the Pick-Sloan 
Missouri Basin Program. Each of these projects is a separate entity 
with its own geographic area, power marketing criteria, revenue 
requirements, and power and energy rates. Consideration of the PURPA 
standards will be on a Western-wide basis, as opposed to a project-by-
project or system-by-system basis.
    A brochure entitled ``Preconsideration of Sections 1251, 1252, and 
1254 of the Energy Policy Act of 2005'' will be prepared and will be 
made available on-line from Western at http://www.wapa.gov/dws/permkt/PURPA/ on September 25, 2006, and will be available at the public 
hearing.
    After analyzing all comments received, Western will complete its 
consideration and will make a determination of the actions to be taken 
regarding the amended PURPA sections. Notice of Western's final action 
will be published in the Federal Register and will be made available to 
the public at http://www.wapa.gov/dsw/pwrmkt/PURPA/.

Regulatory Procedure Requirements

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.) 
requires Federal agencies to perform a regulatory flexibility analysis 
if a final rule is likely to have a significant economic impact on a 
substantial number of small entities and there is a legal requirement 
to issue a general notice of proposed rulemaking. This action does not 
require a regulatory flexibility analysis since it is a rulemaking of 
particular applicability involving rates or services applicable to 
public property.

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 this action is categorically excluded from preparing an 
environmental assessment or an environmental impact statement.

Determination Under Executive Order 12866

    Western has an exemption from centralized regulatory review under 
Executive Order 128656; accordingly, no clearance of this notice by the 
Office of Management and Budget is required.

Small Business Regulatory Enforcement Fairness Act

    Western has determined that this rule is exempt from congressional 
notification requirements under 5 U.S.C. 801 because the action is a 
rulemaking of particular applicability relating to rates or services 
and involves matters of procedures.

Michael S. Hacskaylo,
Administrator.
[FR Doc. 06-6693 Filed 8-3-06; 8:45 am]
BILLING CODE 6450-01-M


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