71984 Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 

• Individual vessel owners must 

bring a copy of the appropriate 

swordfish and/or shark permit(s), a copy 

of the vessel registration or 

documentation, and proof of 

identification. 

• Representatives of a businessowned or co-owned vessel must bring 

proof that the individual is an agent of 

the business (such as articles of 

incorporation), a copy of the applicable 

swordfish and/or shark permit(s), and 

proof of identification. 

• Vessel operators must bring proof of 

identification. 

Workshop Objectives 

The Protected Species Safe Handling, 

Release, and Identification Workshops 

are designed to teach longline and 

gillnet fishermen the required 

techniques for the safe handling and 

release of entangled and/or hooked 

protected species, such as sea turtles, 

marine mammals, and smalltooth 

sawfish. In an effort to improve 

reporting, the proper identification of 

protected species will also be taught at 

these workshops. Additionally, 

individuals attending these workshops 

will gain a better understanding of the 

requirements for participating in these 

fisheries. The overall goal of these 

workshops is to provide participants 

with the skills needed to reduce the 

mortality of protected species, which 

may prevent additional regulations on 

these fisheries in the future. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 1, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–28502 Filed 12–3–14; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

[Docket No. CFPB–2014–0032] 

Agency Information Collection 

Activities: Comment Request 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice and request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), the Consumer Financial 

Protection Bureau (Bureau) is proposing 

a new information collection titled, 

‘‘CFPB’S Consumer Complaint Intake 

System Company Portal Boarding Form 

Information Collection System.’’ 

DATES: Written comments are 

encouraged and must be received on or 

before February 2, 2015 to be assured of 

consideration. 

ADDRESSES: You may submit comments, 

identified by the title of the information 

collection, OMB Control Number (see 

below), and docket number (see above), 

by any of the following methods: 

• Electronic: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Consumer Financial 

Protection Bureau (Attention: PRA 

Office), 1700 G Street NW., Washington, 

DC 20552. 

• Hand Delivery/Courier: Consumer 

Financial Protection Bureau (Attention: 

PRA Office), 1275 First Street NE., 

Washington, DC 20002. 

Please note that comments submitted 

after the comment period will not be 

accepted. In general, all comments 

received will become public records, 

including any personal information 

provided. Sensitive personal 

information, such as account numbers 

or social security numbers, should not 

be included. 

FOR FURTHER INFORMATION CONTACT: 

Documentation prepared in support of 

this information collection request is 

available at www.regulations.gov. 

Requests for additional information 

should be directed to the Consumer 

Financial Protection Bureau, (Attention: 

PRA Office), 1700 G Street NW., 

Washington, DC 20552, (202) 435–9575, 

or email: PRA@cfpb.gov. Please do not 

submit comments to this mailbox. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: CFPB’S Consumer 

Complaint Intake System Company 

Portal Boarding Form Information 

Collection System. 

OMB Control Number: 3170–XXXX. 

Type of Review: New collection 

(Request for a new OMB control 

number. 

Affected Public: Private sector. 

Estimated Number of Respondents: 

50,000. 

Estimated Total Annual Burden 

Hours: 12,500. 

Abstract: The Dodd-Frank Wall Street 

Reform and Consumer Protection Act, 

Public Law 111–203, Title X, provides 

for the Bureau’s consumer complaint 

handling function. Among other things, 

the Bureau is to facilitate the centralized 

collection of, monitoring of, and 

response to complaints concerning 

consumer financial products and 

services. The support the appropriate 

routing of complaints to the companies 

that are the subjects of the complaints, 

the Bureau is developing a form which 

will allow companies to proactively 

participate in the Bureau’s Company 

Portal (Company Portal), a secure, Webbased interface between the Bureau’s 

Office of Consumer Response 

(Consumer Response) and companies. 

The Company Portal allows companies 

to view and respond to complaints 

submitted through the Bureau’s 

complaint handling system. Many 

companies have sought to register with 

the Company Portal before consumer 

complaints have been submitted to the 

Bureau about their companies to ensure 

early notice of potential complaints and 

allow companies’ users to acclimate to 

the software and security protocols 

needed to access the Company Portal. 

The Bureau’s proposed form, the 

Company Portal Boarding Form 

(Boarding Form), will serve to 

streamline information collection from 

these companies, result in a greatly 

enhanced and efficient experience from 

both the consumers and companies’ 

perspectives. 

Request for Comments: Comments are 

invited on: (a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Bureau, including whether the 

information will have practical utility; 

(b) The accuracy of the Bureau’s 

estimate of the burden of the collection 

of information, including the validity of 

the methods and the 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. Comments submitted in 

response to this notice will be 

summarized and/or included in the 

request for Office of Management and 

Budget (OMB) approval. All comments 

will become a matter of public record. 

Dated: November 19, 2014. 

Nellisha Ramdass, 

Acting Chief Information Officer, Bureau of 

Consumer Financial Protection. 

[FR Doc. 2014–28511 Filed 12–3–14; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF ENERGY 

Bonneville Power Administration 

[BPA File No.: BP–16] 

Fiscal Year (FY) 2016–2017 Proposed 

Power and Transmission Rate 

Adjustments Public Hearing and 

Opportunities for Public Review and 

Comment 

AGENCY: Bonneville Power 

Administration (BPA or Bonneville), 

Department of Energy (DOE). 

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Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 71985 

ACTIONS: Notice of FY 2016–2017 

Proposed Power and Transmission Rate 

Adjustments. 

SUMMARY: BPA is holding a consolidated 

rate proceeding, Docket No. BP–16, to 

establish power and transmission rates 

for FY 2016–2017. 

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 that they 

recover, in accordance with sound 

business principles, the costs associated 

with the acquisition, conservation, and 

transmission of electric power, 

including amortization of the Federal 

investment in the Federal Columbia 

River Power System (FCRPS) over a 

reasonable number of years, and BPA’s 

other costs and expenses. The 

Northwest Power Act also requires that 

BPA’s rates be established based on the 

record of a formal hearing, and for 

transmission rates only, that the costs of 

the Federal transmission system be 

equitably allocated between Federal and 

non-Federal power utilizing the system. 

By this notice, BPA announces the 

commencement of a power and 

transmission rate adjustment proceeding 

for power, transmission, control area 

services, and ancillary services rates to 

be effective on October 1, 2015. 

DATES: Anyone wishing to become a 

party to the BP–16 proceeding must 

provide written notice, via U.S. Mail or 

electronic mail, which must be received 

by BPA no later than 3:00 p.m. on 

December 12, 2014. 

The BP–16 rate adjustment 

proceeding begins with a prehearing 

conference at 9:00 a.m. on December 10, 

2014, in the BPA Rates Hearing Room, 

1201 NE Lloyd Boulevard, Suite 200, 

Portland, Oregon 97232. 

Written comments by non-party 

participants must be received by 

February 26, 2015, to be considered in 

the Administrator’s Record of Decision 

(ROD). 

ADDRESSES: 

1. Petitions to intervene should be 

directed to: Hearing Clerk—L–7, 

Bonneville Power Administration, 905 

NE 11th Avenue, Portland, Oregon 

97232, or may be emailed to rateclerk@

bpa.gov. In addition, copies of the 

petition must be served concurrently on 

BPA’s General Counsel and directed to 

both Mr. Kurt Casad, LP–7, and Mr. 

Barry Bennett, LT–7, Office of General 

Counsel, 905 NE 11th Avenue, Portland, 

Oregon 97232, or via email to krcasad@

bpa.gov and bbennett@bpa.gov (see 

section III.A. for more information 

regarding interventions). 

2. Written comments by participants 

should be submitted to the Public 

Engagement Office, DKE–7, Bonneville 

Power Administration, P.O. Box 14428, 

Portland, Oregon 97293. Participants 

may also submit comments by email at: 

www.bpa.gov/comment. BPA requests 

that all comments and documents 

intended to be part of the Official 

Record in this rate proceeding contain 

the designation BP–16 in the subject 

line. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michelle Whalen, DKC–7, Public Affairs 

Specialist, Bonneville Power 

Administration, P.O. Box 3621, 

Portland, Oregon 97208; by phone toll 

free at 1–800–622–4520; or via email to 

mewhalen@bpa.gov. Responsible 

Officials: Mr. Raymond D. Bliven, 

Power Rates Manager, is the official 

responsible for the development of 

BPA’s power rates, and Ms. Rebecca E. 

Fredrickson, Transmission Rates 

Manager, is the official responsible for 

the development of BPA’s transmission, 

ancillary, and control area services 

rates. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Part I. Introduction and Procedural 

Background 

Part II. Scope of BP–16 Rate Proceeding 

Part III. Public Participation in BP–16 

Part IV. Summary of Rate Proposals 

Part V. Proposed BP–16 Rate Schedules 

Part I—Introduction and Procedural 

Background 

Section 7(i) of the Northwest Power 

Act, 16 U.S.C. 839e(i), requires that 

BPA’s rates be established according to 

certain procedures, including 

publication in the Federal Register of 

this notice of the proposed rates; one or 

more hearings conducted as 

expeditiously as practicable by a 

Hearing Officer; opportunity for both 

oral presentation and written 

submission of views, data, questions, 

and arguments related to the proposed 

rates; and a decision by the 

Administrator based on the record. 

BPA’s rate proceedings are further 

governed by BPA’s Procedures 

Governing Bonneville Power 

Administration Rate Hearings, 51 

Federal Register 7611 (1986), which 

implement and expand the statutory 

requirements. 

This proceeding is being conducted 

under the rule for general rate 

proceedings, section 1010.4 of BPA’s 

Procedures. A proposed schedule for the 

proceeding is provided below. A final 

schedule will be established by the 

Hearing Officer at the prehearing 

conference. 

Prehearing Conference/BPA Initial 

Proposal—December 10, 2014 

Parties File Petitions to Intervene— 

December 12, 2014 

Clarification—December 17–19, 2014 

Motions to Strike—January 13, 2015 

Data Request Deadline—January 13, 

2015 

Answers to Motions to Strike—January 

21, 2015 

Data Response Deadline—January 21, 

2015 

Parties file Direct Case—February 4, 

2015 

Clarification—February 11–13, 2015 

Motions to Strike—February 17, 2015 

Data Request Deadline—February 17, 

2015 

Answers to Motions to Strike—February 

24, 2015 

Data Response Deadline—February 24, 

2015 

Close of Participant Comments— 

February 26, 2015 

Litigants file Rebuttal—March 16, 2015 

Clarification—March 19–20, 2015 

Motions to Strike—March 24, 2015 

Data Request Deadline—March 24, 2015 

Answers to Motions to Strike—March 

31, 2015 

Data Response Deadline—March 31, 

2015 

Cross-Examination—April 1–3 and 6–7, 

2015 

Initial Briefs Filed—May 1, 2015 

Oral Argument—May 8, 2015 

Draft ROD issued—June 12, 2015 

Briefs on Exceptions—July 1, 2015 

Final ROD—Final Studies—July 24, 

2015 

Section 1010.7 of BPA’s Procedures 

prohibits ex parte communications. The 

ex parte rule applies to all BPA and 

DOE employees and contractors. Except 

as provided below, any outside 

communications with BPA and/or DOE 

personnel regarding the merits of any 

issue in BPA’s rate proceeding by other 

Executive Branch agencies, Congress, 

existing or potential BPA customers 

(including tribes), or nonprofit or public 

interest groups are considered outside 

communications and are subject to the 

ex parte rule. The rule does not apply 

to communications relating to: (1) 

Matters of procedure only (the status of 

the rate proceeding, for example); (2) 

exchanges of data in the course of 

business or under the Freedom of 

Information Act; (3) requests for factual 

information; (4) matters for which BPA 

is responsible under statutes other than 

the ratemaking provisions; or (5) matters 

which all parties agree may be made on 

an ex parte basis. The ex parte rule 

remains in effect until the 

Administrator’s Final ROD is issued, 

which is scheduled to occur on or about 

July 24, 2015. 

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71986 Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 

Part II—Scope of BP–16 Rate 

Proceeding 

A. Joint Rate Proceeding 

BPA is holding one power and 

transmission rate proceeding with one 

procedural schedule, one record, and 

one ROD. 

B. 2014 Integrated Program Review 

BPA began its 2014 Integrated 

Program Review (IPR) process in May 

2014. The IPR process is designed to 

allow an opportunity to review and 

comment on BPA’s expense and capital 

spending level estimates before the 

estimates are used to set rates. On 

October 2, 2014, BPA issued the Final 

Close-Out Report for the IPR. In the 

Final Close-Out Report, BPA established 

the program level cost estimates that are 

used in the Initial Proposal to establish 

both the power and transmission rates. 

C. Scope of the Rate Proceeding 

This section provides guidance to the 

Hearing Officer as to those matters that 

are within the scope of the rate 

proceeding and those that are outside 

the scope. In addition to the items listed 

below, any other issue that is not a rates 

issue is outside the scope of this 

proceeding. 

1. Program Cost Estimates 

Some of the decisions that determine 

program costs and spending levels have 

been made in the IPR public review 

process outside the rate proceeding. See 

section II.B. BPA’s spending levels for 

investments and expenses are not 

determined or subject to review in rate 

proceedings. 

Pursuant to section 1010.3(f) of BPA’s 

Procedures, the Administrator directs 

the Hearing Officer to exclude from the 

record all argument, testimony, or other 

evidence that challenges the 

appropriateness or reasonableness of the 

Administrator’s decisions on cost and 

spending levels. If any re-examination 

of spending levels is necessary, such reexamination will occur outside of the 

rate proceeding. The above exclusion 

does not extend to those portions of the 

revenue requirements related to interest 

rate forecasts, interest expense and 

credit, Treasury repayment schedules, 

forecasts of depreciation and 

amortization expense, forecasts of 

system replacements used in repayment 

studies, Residential Exchange Program 

benefits, purchased power expenses, 

transmission acquisition expense 

incurred by Power Services, generation 

acquisition expense incurred by 

Transmission Services, minimum 

required net revenue, use of financial 

reserves, and the costs of risk mitigation 

actions resulting from the expense and 

revenue uncertainties included in the 

risk analysis. The Administrator also 

directs the Hearing Officer to exclude 

argument and evidence regarding BPA’s 

debt management practices and policies. 

See section II.C.5. 

2. Tiered Rate Methodology (TRM) 

The TRM restricts BPA and customers 

with Contract High Water Mark 

(CHWM) contracts from proposing 

changes to the TRM’s ratesetting 

guidelines unless certain procedures 

have been successfully concluded. No 

proposed changes have been subjected 

to the required procedures. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator hereby 

directs the Hearing Officer to exclude 

from the record all argument, testimony, 

or other evidence that seeks in any way 

to propose revisions to the TRM made 

by BPA, customers with a CHWM 

contract, or their representatives, unless 

it can be established that the TRM 

procedures for proposing a change to 

the TRM have been concluded. This 

restriction does not extend to a party or 

customer that does not have a CHWM 

contract. 

3. Service to the Direct Service 

Industries (DSIs) 

BPA’s decisions to serve Alcoa and 

Port Townsend along with the method 

and level of service to be provided DSIs 

in the FY 2016–2017 rate period will 

not be determined in this proceeding. 

The decision to serve the DSIs was 

made in the record of decision on the 

Alcoa and Port Townsend contracts. 

The decision was not challenged in the 

Ninth Circuit Court of Appeals. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator directs 

the Hearing Officer to exclude from the 

record all argument, testimony, or other 

evidence that seeks in any way to revisit 

the appropriateness or reasonableness of 

BPA’s decisions regarding service to the 

DSIs, including BPA’s decision to offer 

contracts to the DSIs and the method or 

level of service. 

4. Generation Inputs 

BPA provides a portion of the 

available generation from the FCRPS to 

enable Transmission Services to meet its 

various requirements. Transmission 

Services uses these generation inputs to 

provide ancillary and control area 

services. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator directs 

the Hearing Officer to exclude from the 

record all argument, testimony, or other 

evidence that seeks in any way to revisit 

issues regarding reliability of the 

transmission system, dispatcher 

standing orders, e-Tag requirements and 

definitions, open access transmission 

tariff (OATT) provisions, and business 

practices. These non-rates issues are 

generally addressed by BPA in 

accordance with industry, reliability, 

and other compliance standards and 

criteria and are not matters appropriate 

for the rate proceeding. 

5. Federal and Non-Federal Debt Service 

and Debt Management 

During the 2014 IPR and in other 

forums, BPA provided the public with 

background information on BPA’s 

internal Federal and non-Federal debt 

management policies and practices. 

While these policies and practices are 

not decided in the IPR forum, these 

discussions were intended to inform 

interested parties about these matters so 

that they would better understand 

BPA’s debt structure. BPA’s debt 

management policies and practices 

remain outside the scope of the rate 

proceeding. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator hereby 

directs the Hearing Officer to exclude 

from the record all argument, testimony, 

or other evidence that seeks in any way 

to address the appropriateness or 

reasonableness of BPA’s debt 

management policies and practices. 

This exclusion does not encompass how 

debt management actions are reflected 

in ratemaking. 

6. Potential Environmental Impacts 

Environmental impacts are addressed 

in a concurrent National Environmental 

Policy Act (NEPA) process. See section 

II.D. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator directs 

the Hearing Officer to exclude from the 

record all argument, testimony, or other 

evidence that seeks in any way to 

address the potential environmental 

impacts of the rates being developed in 

this rate proceeding. 

7. 2008 Average System Cost 

Methodology (2008 ASCM) and Average 

System Cost Determinations 

Section 5(c) of the Northwest Power 

Act established the Residential 

Exchange Program, which provides 

benefits to residential and farm 

consumers of Pacific Northwest utilities 

based, in part, on a utility’s ‘‘average 

system cost’’ (ASC) of resources. On 

September 4, 2009, the Federal Energy 

Regulatory Commission (Commission) 

granted final approval of BPA’s 2008 

ASCM. The 2008 ASCM is not subject 

to challenge or review in a section 7(i) 

proceeding. Determinations of the ASCs 

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Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 71987 

of participating utilities are made in 

separate processes conducted pursuant 

to the ASCM. Those processes began 

with ASC filings on June 2, 2014, and 

are continuing through July 2015. The 

determinations of ASCs are not subject 

to challenge or review in a section 7(i) 

proceeding. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator hereby 

directs the Hearing Officer to exclude 

from the record all argument, testimony, 

or other evidence that seeks in any way 

to visit or revisit the appropriateness or 

reasonableness of the 2008 ASCM or 

that seeks in any way to visit or revisit 

the appropriateness or reasonableness of 

any of the ongoing ASC determinations. 

8. Rate Period High Water Mark 

(RHWM) Process 

Under the Tiered Rate Methodology 

(TRM), BPA has established FY 2016– 

2017 RHWMs for Public customers that 

signed contracts for firm requirements 

power service providing for tiered rates, 

referred to as CHWM contracts. In this 

RHWM Process, which preceded the 

BP–16 rate proceeding, BPA established 

the maximum planned amount of power 

a customer is eligible to purchase at Tier 

1 rates during the rate period, the 

Above-RHWM Loads for each customer, 

the System Shaped Load for each 

customer, the Tier 1 System Firm 

Critical Output, RHWM Augmentation, 

the Rate Period Tier 1 System Capability 

(RT1SC), and the monthly/diurnal 

shape of RT1SC. The RHWM Process 

provided customers an opportunity to 

review, comment, and, if necessary, 

challenge BPA’s RHWM determinations. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator hereby 

directs the Hearing Officer to exclude 

from the record all argument, testimony, 

or other evidence that seeks in any way 

to visit or revisit BPA’s determination of 

a customer’s FY 2016–2017 RHWM or 

other RHWM Process determinations. 

9. 2012 Residential Exchange Program 

Settlement Agreement (2012 REP 

Settlement) 

On July 26, 2011, the Administrator 

executed the 2012 REP Settlement 

resolving longstanding litigation over 

BPA’s implementation of the 

Residential Exchange Program (REP) 

under section 5(c) of the Northwest 

Power Act, 16 U.S.C. 839c(c). The 

Administrator’s findings regarding the 

legal, factual, and policy challenges to 

the 2012 REP Settlement are thoroughly 

explained in the REP–12 Record of 

Decision (REP–12 ROD). The 2012 REP 

Settlement and REP–12 ROD were 

approved by U.S. Court of Appeals for 

the Ninth Circuit in Association of 

Public Agency Customers v. Bonneville 

Power Administration, 733 F.3d 939 

(9th Cir. 2013). 

Because the 2012 REP Settlement was 

part of the REP–12 ROD, and approved 

by the Court, challenges to BPA’s 

decision to adopt the 2012 REP 

Settlement and implement its terms in 

BPA’s rate proceedings are not within 

the scope of this proceeding. Pursuant 

to § 1010.3(f) of BPA’s Procedures, the 

Administrator hereby directs the 

Hearing Officer to exclude from the 

record all argument, testimony, or other 

evidence that seeks in any way to visit 

or revisit BPA’s determination to adopt 

the 2012 REP Settlement or its terms in 

this rate proceeding. 

10. Transfer Service for Southeast Idaho 

Load Service 

Because of the termination of 

grandfathered contracts, BPA is 

developing a new transmission service 

plan for its preference customers located 

in Southeast Idaho. The cost allocation 

issue related to this plan is an 

appropriate issue in this rate 

proceeding. However, all decisions 

regarding the development of the new 

plan of service itself are outside the 

scope of the rate proceeding. 

Pursuant to § 1010.3(f) of BPA’s 

Procedures, the Administrator directs 

the Hearing Officer to exclude from the 

record all argument, testimony, or other 

evidence that seeks in any way to visit 

or revisit BPA’s strategy or acquisition 

decisions for Southeast Idaho Load 

Service. 

D. The National Environmental Policy 

Act (NEPA) 

BPA is in the process of assessing the 

potential environmental effects of its 

proposed power and transmission rates, 

consistent with NEPA. The NEPA 

process is conducted separately from 

the rate proceeding. As discussed in 

section II.C.6., all evidence and 

argument addressing potential 

environmental impacts of rates being 

developed in the BP–16 rate proceeding 

are excluded from the rate proceeding 

hearing record. Instead, comments on 

environmental effects should be 

directed to the NEPA process. 

Because this proposal involves BPA’s 

ongoing business practices related to 

rates, BPA is reviewing the proposal for 

consistency with BPA’s Business Plan 

Environmental Impact Statement 

(Business Plan EIS), completed in June 

1995 (BOE/EIS–0183). This policy-level 

EIS evaluates the environmental 

impacts of a range of business plan 

alternatives for BPA that could be varied 

by applying various policy modules, 

including one for rates. Any 

combination of alternative policy 

modules should allow BPA to balance 

its costs and revenues. The Business 

Plan EIS also includes response 

strategies, such as adjustments to rates, 

that BPA could implement if BPA’s 

costs exceed its revenues. 

In August 1995, the BPA 

Administrator issued a ROD (Business 

Plan ROD) that adopted the MarketDriven Alternative from the Business 

Plan EIS. This alternative was selected 

because, among other reasons, it allows 

BPA to: (1) Recover costs through rates; 

(2) competitively market BPA’s products 

and services; (3) develop rates that meet 

customer needs for clarity and 

simplicity; (4) continue to meet BPA’s 

legal mandates; and (5) avoid adverse 

environmental impacts. BPA also 

committed to apply as many response 

strategies as necessary when BPA’s costs 

and revenues do not balance. 

In April 2007, BPA completed and 

issued a Supplement Analysis to the 

Business Plan EIS. This Supplement 

Analysis found that the Business Plan 

EIS’s relationship-based and policylevel analysis of potential 

environmental impacts from BPA’s 

business practices remains valid, and 

that BPA’s current business practices 

remain consistent with BPA’s MarketDriven Alternative approach. The 

Business Plan EIS and ROD thus 

continue to provide a sound basis for 

making determinations under NEPA 

concerning BPA’s policy-level 

decisions, including rates. 

Because the proposed rates likely 

would assist BPA in accomplishing the 

goals identified in the Business Plan 

ROD, the proposal appears consistent 

with these aspects of the Market-Driven 

Alternative. In addition, this rate 

proposal is similar to the type of rate 

designs evaluated in the Business Plan 

EIS; thus, implementation of this rate 

proposal would not be expected to 

result in environmental impacts 

significantly different from those 

examined in the Business Plan EIS. 

Therefore, BPA expects that this rate 

proposal will likely fall within the 

scope of the Market-Driven Alternative 

that was evaluated in the Business Plan 

EIS and adopted in the Business Plan 

ROD. 

As part of the Administrator’s ROD 

that will be prepared for the BP–16 rate 

proceeding, BPA may tier its decision 

under NEPA to the Business Plan ROD. 

However, depending upon the ongoing 

environmental review, BPA may instead 

issue another appropriate NEPA 

document. Comments regarding the 

potential environmental effects of the 

proposal may be submitted to Katherine 

Pierce, NEPA Compliance Officer, KEC– 

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71988 Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 

4, Bonneville Power Administration, 

905 NE 11th Avenue, Portland, OR 

97232. Any such comments received by 

the comment deadline for Participant 

Comments identified in section III.A. 

below will be considered by BPA’s 

NEPA compliance staff in the NEPA 

process that will be conducted for this 

proposal. 

Part III—Public Participation in BP–16 

A. Distinguishing Between 

‘‘Participants’’ and ‘‘Parties’’ 

BPA distinguishes between 

‘‘participants in’’ and ‘‘parties to’’ the 

hearings. Separate from the formal 

hearing process, BPA will receive 

written comments, views, opinions, and 

information from participants, who may 

submit comments without being subject 

to the duties of, or having the privileges 

of, parties. Participants’ written 

comments will be made part of the 

official record and considered by the 

Administrator. Participants are not 

entitled to participate in the prehearing 

conference; may not cross-examine 

parties’ witnesses, seek discovery, or 

serve or be served with documents; and 

are not subject to the same procedural 

requirements as parties. BPA customers 

whose rates are subject to this 

proceeding, or their affiliated customer 

groups, may not submit participant 

comments. Members or employees of 

organizations that have intervened in 

the rate proceeding may submit 

participant comments as private 

individuals (that is, not speaking for 

their organizations) but may not use the 

comment procedures to address specific 

issues raised by their intervenor 

organizations. 

Written comments by participants 

will be included in the record if they are 

received by February 26, 2015. Written 

views, supporting information, 

questions, and arguments should be 

submitted to the address listed in the 

ADDRESSES section of this notice. 

Entities or persons become parties to 

the proceeding by filing petitions to 

intervene, which must state the name 

and address of the entity or person 

requesting party status and the entity’s 

or person’s interest in the hearing. BPA 

customers and affiliated customer 

groups will be granted intervention 

based on petitions filed in conformance 

with BPA’s Procedures. Other 

petitioners must explain their interests 

in sufficient detail to permit the Hearing 

Officer to determine whether the 

petitioners have a relevant interest in 

the hearing. Pursuant to Rule 1010.1(d) 

of BPA’s Procedures, BPA waives the 

requirement in Rule 1010.4(d) that an 

opposition to an intervention petition be 

filed and served 24 hours before the 

prehearing conference. The time limit 

for opposing a timely intervention will 

be established at the prehearing 

conference. Any party, including BPA, 

may oppose a petition for intervention. 

All petitions will be ruled on by the 

Hearing Officer. Late interventions are 

strongly disfavored. Opposition to an 

untimely petition to intervene must be 

filed and received by BPA within two 

days after service of the petition. 

B. Developing the Record 

The hearing record will include, 

among other things, the transcripts of 

the hearing, written evidence and 

argument entered into the record by 

BPA and the parties, written comments 

from participants, and other material 

accepted into the record by the Hearing 

Officer. The Hearing Officer will review 

the record and certify the record to the 

Administrator for final decision. 

The Administrator will develop final 

rates based on the record and such other 

materials and information as may have 

been submitted to or developed by the 

Administrator. The Administrator will 

serve copies of the Final ROD on all 

parties. BPA will file its rates with the 

Commission for confirmation and 

approval after issuance of the Final 

ROD. 

Part IV—Summary of Rate Proposals 

A. Summary of the Power Rate Proposal 

1. Power Rates 

BPA is proposing four different rates 

for Federal power sales and services. 

The General Transfer Agreement Service 

(GTA) rate schedule, currently included 

as a power rate schedule, is being 

moved to the General Rate Schedule 

Provisions. The proposed GTA charges 

are expanded to recover Western 

Electricity Coordinating Council 

(WECC) and Peak Reliability (Peak) 

costs BPA incurs based on transfer 

customer loads outside of the BPA 

balancing authority area. 

Priority Firm Power Rate (PF–16)— 

The PF rate schedule applies to net 

requirements power sales to public 

body, cooperative, and Federal agency 

customers made pursuant to section 5(b) 

of the Northwest Power Act and 

includes the PF Public rates for the sale 

of firm requirements power under 

CHWM Contracts and the PF Exchange 

rates for sales under Residential 

Purchase and Sale Agreements. The PF 

Public rate applies to customers taking 

load following or Slice/block service. 

Consistent with the TRM, Tier 1 rates 

include three charges: (1) Customer 

charges; (2) a demand charge; and (3) a 

load shaping charge. In addition, four 

Tier 2 rates, corresponding to contract 

options, are applied to customers that 

have elected to purchase power from 

BPA for service to their Above-RHWM 

Load. 

The PF rate is a collection of rates 

charged on the basis of percentage of 

cost responsibility, marginal changes in 

demand and energy usage, customer 

purchase elections for BPA service to 

loads in excess of power purchased at 

Tier 1 rates, product and service 

choices, transfer load delivery and 

operating reserves, and applicability of 

rate discounts. Very few of BPA’s 

customers have exactly the same mix of 

PF rate components in common. 

Therefore, BPA has developed a 

quantification of the PF rate that 

measures the impact on an average 

customer purchasing at Tier 1 rates. 

This quantification, the Tier 1 Average 

Net Cost, is increasing 6.7 percent in 

this proposal, from $31.50/MWh for the 

PF–14 rate to $33.60/MWh for the PF– 

16 rate. 

The Base PF Exchange rate and its 

associated surcharges apply to the sale 

of power to regional utilities that 

participate in the REP established under 

section 5(c) of the Northwest Power Act. 

16 U.S.C. 839c(c). The Base PF 

Exchange rate establishes the threshold 

for participation in the REP; only 

utilities with ASCs above the 

appropriate Base PF Exchange rate may 

receive REP benefits. If a utility meets 

the threshold, a utility-specific PF 

Exchange rate will be established in this 

proceeding for each eligible utility. The 

utility-specific PF Exchange rate is used 

in calculating the REP benefits each 

participant will receive during FY 

2016–2017. 

In addition, the proposed PF–16 rate 

schedule includes rates for customers 

with non-Federal resources that have 

elected to take Diurnal Flattening 

Service or Secondary Crediting Service, 

and a melded PF rate for any Public 

customer that elects a power sales 

contract other than a CHWM Contract 

for firm requirements service. 

New Resource Firm Power Rate (NR– 

16)—The NR–16 rate applies to net 

requirements power sales to investorowned utilities (IOUs) made pursuant to 

section 5(b) of the Northwest Power Act 

for resale to ultimate consumers, direct 

consumption, construction, testing and 

start-up, and station service. The NR–16 

rate is also applied to sales of firm 

power to Public customers when this 

power is used to serve new large single 

loads. In addition, BPA is proposing NR 

rates for services to support Public 

customers serving new large single 

loads with non-Federal resources. In the 

Initial Proposal BPA is forecasting no 

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Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 71989 

sales at the NR rate. The average NR–16 

rate in the Initial Proposal is $76.60/

MWh, a decrease of 1.4 percent from the 

NR–14 rate. 

Industrial Firm Power Rate (IP–16)— 

The IP rate is applicable to firm power 

sales to DSI customers authorized by 

section 5(d)(1)(A) of the Northwest 

Power Act. 16 U.S.C. § 839c(d)(1)(A). In 

the Initial Proposal BPA is forecasting 

annual sales of 316 average megawatts 

(aMW) to DSIs. See section IV.A.2c. The 

average IP–16 rate in the Initial Proposal 

is $41.53/MWh, an increase of 6.6 

percent over the IP–14 rate. 

Firm Power and Surplus Products and 

Services Rate (FPS–16)—The FPS rate 

schedule is applicable to sales of 

various surplus power products and 

surplus transmission capacity, for use 

inside and outside the Pacific 

Northwest. The rates for these products 

are negotiated between BPA and the 

purchasers. In addition, the FPS–16 rate 

schedule includes rates for customers 

with non-Federal resources, the 

Unanticipated Load Service rate, rates 

for other capacity, energy, and 

scheduling products and services, and 

rates for reserve services for use outside 

the BPA balancing authority area. 

2. Ancillary Service and Control Area 

Service Rates 

Beginning in May 2014, BPA held rate 

case workshops and solicited 

stakeholder comments concerning 

generation inputs issues that form the 

foundation of most ancillary service and 

control area service rates. Over the 

following months, BPA and 

stakeholders developed a settlement 

agreement that covers most ancillary 

and control area service rates. The 

settlement agreement rates are at the 

same level as current rates except for a 

five percent increase for the Operating 

Reserves rates. The settlement 

agreement also provides for other 

changes to the rate schedules, and 

specifies the amount of balancing 

reserve capacity to be provided during 

the rate period as well as an acquisition 

budget for balancing reserve capacity. 

BPA asked all entities that intended to 

be parties to the BP–16 rate proceeding 

to either sign the agreement or declare 

their intention to contest the agreement 

by September 25, 2014. By that 

deadline, 29 parties signed or agreed not 

to contest the settlement agreement. No 

party declared an intent to contest the 

agreement. 

BPA will file the BP–16 generation 

inputs settlement agreement as part of 

the BP–16 Initial Proposal. Parties will 

be given an opportunity to contest the 

agreement pursuant to a timeline 

established by the Hearing Officer. 

3. Risk Mitigation Tools 

The main financial risk mitigation 

tool BPA relies upon is financial 

liquidity, which consists of cash, other 

investments in the Bonneville Fund at 

the U.S. Treasury, and a short-term 

liquidity facility with the U.S. Treasury. 

BPA proposes to include provisions for 

two rate adjustments in the power rate 

schedules and in certain ancillary and 

control area services rate schedules: The 

Cost Recovery Adjustment Clause 

(CRAC), which can generate additional 

cash within the rate period, and the 

Dividend Distribution Clause (DDC), 

which can return cash to customers 

when BPA’s financial reserves 

attributed to power are larger than 

needed to meet its Treasury Payment 

Probability (TPP) standard. When 

available liquidity and the CRAC are 

insufficient to meet the TPP standard, 

BPA includes Planned Net Revenues for 

Risk (PNRR) in its rates. 

In the Initial Proposal, BPA proposes 

to include no PNRR and to cap the 

maximum revenue recoverable through 

the CRAC at $300 million per year. BPA 

is proposing some minor changes to the 

risk mitigation tools in the BP–16 Initial 

Proposal, including a revision to the 

metric used to determine whether a 

CRAC or DDC triggers. The thresholds 

for triggering the CRAC and DDC remain 

unchanged from the BP–14 rate case 

(equivalent reserve levels of $0 and 

$750 million, respectively, in financial 

reserves attributed to Power). BPA also 

proposes to continue the National 

Marine Fisheries Service FCRPS 

Biological Opinion Adjustment (NFB 

Adjustment) and the Emergency NFB 

Surcharge, given that litigation 

regarding the Biological Opinion 

continues. 

B. Summary of the Transmission Rate 

Proposal 

BPA is proposing an overall 5.6 

percent increase in transmission rates. 

BPA is also proposing to develop a 

WECC and Peak rate. 

BPA is proposing four different rates 

for the use of its Network segment, four 

different rates for use of intertie 

segments, and several other rates for 

various purposes. 

The four rates for use of the Network 

segment are: 

Formula Power Transmission Rate 

(FPT–16)—The FPT rate is based on the 

cost of using specific types of facilities, 

including a distance component for the 

use of transmission lines, and is charged 

on a contract demand basis. 

Integration of Resources Rate (IR– 

16)—The IR rate is a postage stamp, 

contract demand rate for the use of the 

Network, similar to Point-to-Point (PTP) 

service (see below), and includes 

Scheduling, System Control, and 

Dispatch Service. 

Network Integration Transmission 

Rate (NT–16)—The NT rate applies to 

customers taking network integration 

service under the Open Access 

Transmission Tariff (OATT) and allows 

customers to flexibly serve their retail 

load. 

Point-to-Point Rate (PTP–16)—The 

PTP rate is a contract demand rate that 

applies to customers taking Point-toPoint service on BPA’s network 

facilities under the OATT. It provides 

customers with flexible service from 

identified Points of Receipt to identified 

Points of Delivery. There are separate 

PTP rates for long-term firm service; 

daily firm and non-firm service; and 

hourly firm and non-firm service. 

BPA is proposing four rates for 

intertie use: 

The Southern Intertie Rate (IS–16) is 

a contract demand rate that applies to 

customers taking Point-to-Point service 

under the OATT on the Southern 

Intertie. 

The Montana Intertie Rate (IM–16) 

applies to customers taking Point-toPoint service on the Eastern Intertie. 

The Townsend-Garrison Transmission 

Rate (TGT–16) is a rate for firm service 

over BPA’s section of the Montana 

Intertie and is available to parties to the 

Montana Intertie Agreement. 

The Eastern Intertie Rate (IE–16) is a 

rate for non-firm service on the portion 

of the Eastern Intertie capacity that 

exceeds BPA’s firm transmission rights 

and is available to parties to the 

Montana Intertie Agreement. 

Other proposed transmission rates 

are: 

The Use-of-Facilities Rate (UFT–16) 

establishes a formula rate for the use of 

a specific facility based on the annual 

cost of that facility. 

The Advance Funding Rate (AF–16) 

allows BPA to collect the capital and 

related costs of specific facilities 

through an advance-funding 

mechanism. 

The Scheduling, System Control, and 

Dispatch Service Rate and the Reactive 

Supply and Voltage Control from 

Generation Sources Service Rate are for 

required ancillary services for 

transmission service on the Network, 

the Southern Intertie, and the Montana 

Intertie. 

The WECC and Peak rates recover 

WECC and Peak costs assessed to BPA 

to cover WECC and Peak reliability 

functions. 

The Oversupply Rate (OS–16) 

recovers the costs BPA incurs to 

displace generation under the 

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71990 Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Notices 

oversupply management protocol, 

Attachment P to BPA’s OATT. 

Other charges that may apply include 

a Delivery Charge for the use of lowvoltage delivery substations; a 

Reservation Fee for customers that 

postpone their service commencement 

dates; incremental rates for transmission 

requests that require new facilities; a 

penalty charge for failure to comply 

with dispatch, curtailment, redispatch, 

or load shedding orders; and an 

Unauthorized Increase Charge for 

customers that exceed their contracted 

amounts. BPA is proposing to eliminate 

the Power Factor Penalty Charge. 

Part V—Proposed BP–16 Rate 

Schedules 

BPA’s proposed BP–16 Power Rate 

Schedules and Transmission Rate 

Schedules are a part of this notice and 

are available for viewing and 

downloading on BPA’s Web site at 

http://www.bpa.gov/goto/BP16. Copies 

of the proposed rate schedules also are 

available for viewing in BPA’s Public 

Reference Room at the BPA 

Headquarters, 1st Floor, 905 NE 11th 

Avenue, Portland, OR 97232. 

Issued this 19th day of November, 2014. 

Elliot E. Mainzer, 

Administrator and Chief Executive Officer. 

[FR Doc. 2014–28463 Filed 12–3–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2246–069] 

Yuba County Water Agency; Notice of 

Application Accepted for Filing, 

Soliciting Comments, Motions To 

Intervene, and Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Type of Application: Application 

for Temporary Variance of Minimum 

Flow Requirement. 

b. Project No.: 2246–069. 

c. Date Filed: November 25, 2014. 

d. Applicant: Yuba County Water 

Agency (licensee). 

e. Name of Project: Yuba River 

Project. 

f. Location: North Yuba River, Middle 

Yuba River, and Oregon Creek in Yuba, 

Nevada, and Sierra counties, CA. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Mr. Curt 

Aikens, General Manager, Yuba County 

Water Agency, 1200 F Street, 

Marysville, CA 95901–4740, (530) 741– 

5015. 

i. FERC Contact: Mr. John Aedo, (415) 

369–3335, or john.aedo@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, protests, and 

recommendations is 30 days from the 

issuance date of this notice by the 

Commission (December 26, 2014). The 

Commission strongly encourages 

electronic filing. Please file motions to 

intervene, protests, comments, or 

recommendations using the 

Commission’s eFiling system at http://

www.ferc.gov/docs-filing/efiling.asp. 

Commenters can submit brief comments 

up to 6,000 characters, without prior 

registration, using the eComment system 

at http://www.ferc.gov/docs-filing/

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, please 

send a paper copy to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

Please include the project number (P– 

2246–069) on any comments, motions to 

intervene, protests, or recommendations 

filed. 

k. Description of Request: The 

licensee requests a temporary variance 

of the minimum flow requirements in 

the lower Yuba River below Englebright 

Dam, which requires a minimum flow of 

1,000 cubic feet per second (cfs) from 

January 1 to 15. In order to conserve 

water resources during the current 

drought and make best biological use of 

a limited water supply, the licensee 

proposes to instead release 550 cfs from 

January 1 to January 16, 2015. In 

addition, the licensee requests that 

minimum flow compliance during this 

period be based on a 5-day running 

average of average daily streamflows, 

with instantaneous flows never less 

than 90 percent of the specified 550 cfs 

minimum flow and never less than 550 

cfs for more than 48 hours. The 

proposed variance would be in addition 

to the one already requested variance for 

December 1–31, 2014 and January 16 to 

March 31, 2015 period. Take note that 

the December 1–31 variance was 

granted by Commission order dated 

November 25, 2014. 

l. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street NE., Room 

2A, Washington, DC 20426, or by calling 

(202) 502–8371. This filing may also be 

viewed on the Commission’s Web site at 

http://www.ferc.gov/docs-filing/

elibrary.asp. Enter the docket number 

excluding the last three digits in the 

docket number field to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1–866–208–3676 or 

email FERCOnlineSupport@ferc.gov, for 

TTY, call (202) 502–8659. A copy is also 

available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments filed, but 

only those who file a motion to 

intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the particular 

application. 

o. Filing and Service of Responsive 

Documents: Any filing must (1) bear in 

all capital letters the title 

‘‘COMMENTS’’, ‘‘PROTEST’’, or 

‘‘MOTION TO INTERVENE’’ as 

applicable; (2) set forth in the heading 

the name of the applicant and the 

project number of the application to 

which the filing responds; (3) furnish 

the name, address, and telephone 

number of the person protesting or 

intervening; and (4) otherwise comply 

with the requirements of 18 CFR 

385.2001 through 385.2005. All 

comments, motions to intervene, or 

protests must set forth their evidentiary 

basis and otherwise comply with the 

requirements of 18 CFR 4.34(b). All 

comments, motions to intervene, or 

protests should relate to project works 

which are the subject of the variance. 

Agencies may obtain copies of the 

application directly from the applicant. 

A copy of any protest or motion to 

intervene must be served upon each 

representative of the applicant specified 

in the particular application. If an 

intervener files comments or documents 

with the Commission relating to the 

merits of an issue that may affect the 

responsibilities of a particular resource 

agency, they must also serve a copy of 

the document on that resource agency. 

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