Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 67745 

1The proposed wholesale power rates for which 

Bonneville seeks approval for fiscal years 2024– 

2025 are: Priority Firm Power Rate (PF–24); New 

Resource Firm Power Rate (NR–24); Industrial Firm 

Power Rate (IP–24); Firm Power and Surplus 

Products and Services Rate (FPS–24). Bonneville 

also seeks approval of related General Rates 

Schedule Provisions for the same period. Fiscal 

years 2024–2025 is the period October 1, 2023, 

through September 30, 2025. 

2The proposed transmission and ancillary 

services rates (referred to collectively as 

transmission rates) for which Bonneville seeks 

approval for fiscal years 2024–2025 are: Formula 

Power Transmission Rate (FPT–24.1); Network 

Integration Rate (NT–24); Point-to-Point Rate (PTP– 

24); Southern Intertie Rate (IS–24); Montana Intertie 

Rate (IM–24); Use-of-Facilities Transmission Rate 

(UFT–24); Advance Funding Rate (AF–24); 

Townsend-Garrison Transmission Rate (TGT–24); 

Regional Compliance Enforcement and Regional 

Coordinator Rates (RC–24); Oversupply Rate (OS– 

24); Eastern Intertie Rate (IE–24); and Ancillary and 

Control Area Services Rates (ACS–24). Bonneville 

also seeks approval of related General Rates 

Schedule Provisions for the same period. 

3 16 U.S.C. 839e(i). 

4 18 CFR 300.10–300.14 (2022). 

5Tribal Parties Motion to Intervene at 2 (citing 16 

U.S.C. 839e(a)(2)(a)–(b)). 

6 Id. (citing 16 U.S.C. 839e(k)). 

7 Id. 

8Bonneville Answer at 3. 

9 Id. (citing 16 U.S.C. 839e(a)(2)). 

10 Id. at 5 (citing U.S. Dep’t of Energy—Bonneville 

Power Admin., 105 FERC ¶ 61,068, at P 10 (2003)). 

11 Id. (citing Bonneville Power Admin, 178 FERC 

¶ 61,211, at P 13 (2022)). 

Filings in Existing Proceedings 

Docket Numbers: RP23–984–000. 

Applicants: Boardwalk Storage 

Company, LLC. 

Description: Report Filing: Type 620 

Filing to Confirm Effective Date to be 

effective N/A. 

Filed Date: 9/25/23. 

Accession Number: 20230925–5038. 

Comment Date: 5 p.m. ET 10/10/23. 

Any person desiring to protest in any 

the above proceedings must file in 

accordance with Rule 211 of the 

Commission’s Regulations (18 CFR 

385.211) on or before 5:00 p.m. Eastern 

time on the specified comment date. 

The filings are accessible in the 

Commission’s eLibrary system (https://

elibrary.ferc.gov/idmws/search/

fercgensearch.asp) by querying the 

docket number. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at:http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: September 25, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–21571 Filed 9–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EF23–7–000] 

Bonneville Power Administration; 

Order Approving Rates on an Interim 

Basis and Providing Opportunity for 

Additional Comments 

Before Commissioners: Willie L. 

Phillips, Acting Chairman; James P. 

Danly, Allison Clements, and Mark C. 

Christie. 

1. In this order, we approve 

Bonneville Power Administration’s 

(Bonneville) proposed fiscal years 2024– 

2025 wholesale power and transmission 

rates on an interim basis, pending our 

further review. We also provide an 

additional period of time for the parties 

to file comments. 

I. Background 

2. On July 28, 2023, Bonneville filed 

a request for interim and final approval 

of its proposed wholesale power 1 and 

transmission rates 2 in accordance with 

the Pacific Northwest Electric Power 

Planning and Conservation Act 

(Northwest Power Act) 3 and Subpart B 

of part 300 of the Commission’s 

regulations.4 Bonneville projects that 

the filed rates will produce average 

annual power revenues of $3.144 billion 

and average annual transmission 

revenues of $1.264 billion. Bonneville 

asserts that this level of annual revenues 

is sufficient to recover its costs for the 

fiscal years 2024–2025 rate approval 

period, while providing cash flow to 

assure at least a 95% probability of 

making all payments to the United 

States Treasury in full and on time for 

each year of the fiscal years 2024–2025 

rate approval period. 

II. Notice of Filing 

3. Notice of Bonneville’s application 

was published in the Federal Register, 

88 FR 53,480 (Aug. 8, 2023), with 

interventions and protests due on or 

before August 28, 2023. Timely motions 

to intervene were filed by Public Power 

Council, M–S–R Public Power Agency, 

and Powerex Corp. The Confederated 

Tribes and Bands of the Yakama Nation 

and the Confederated Tribes of the 

Umatilla Indian Reservation (together, 

Treaty Tribes), along with the Columbia 

River Inter-Tribal Fish Commission 

(collectively, Tribal Parties) filed a 

motion to intervene. On September 5, 

2023, Bonneville filed a request for 

leave to answer and an answer to the 

Tribal Parties’ motion to intervene. 

4. The Tribal Parties assert that 

Bonneville’s rates during the 2024–2025 

rate period are insufficient to assure 

repayment of the federal investment in 

the Federal Columbia River Power 

System, and are not based on 

Bonneville’s total system costs.5 The 

Tribal Parties contend that the 

Bonneville Administrator failed to take 

into account Bonneville’s obligations 

under the Treaty Tribes’ respective 

treaties as directly applicable to 

Bonneville and as incorporated through 

the Northwest Power Act.6 The Tribal 

Parties further assert that, under the 

Northwest Power Act, the proposed 

fiscal years 2024–2025 rates fail to 

afford equal treatment between fish and 

wildlife and power interests, and are not 

consistent with the Northwest Power 

and Conservation Council (NPCC) Fish 

and Wildlife Program.7

5. In Bonneville’s answer, Bonneville 

states that the Commission should 

approve Bonneville’s proposed rates as 

requested.8 Bonneville asserts that the 

Tribal Parties’ arguments fall outside the 

Commission’s limited jurisdiction over 

Bonneville’s power and transmission 

rates established by section 7(a)(2) of the 

Northwest Power Act.9 Bonneville 

argues that the Commission has 

previously concluded that the 

Commission does not second guess 

Bonneville’s decisions on fish and 

wildlife issues, and that the 

Commission’s review is not the proper 

forum to challenge Bonneville’s cost 

projections.10

6. Bonneville contends that the 

Commission previously considered the 

issue of whether Bonneville’s rates 

failed to afford ‘‘equitable treatment’’ to 

fish and wildlife under section 

4(h)(11)(A) of the Northwest Power Act. 

Bonneville argues that the Commission 

correctly concluded that ‘‘Bonneville’s 

compliance with its environmental 

review and fish and wildlife protection 

obligation . . . is outside the scope of 

the Commission’s review under section 

7(a)(2).’’ 11

7. In response to the Tribal Parties’ 

claim that Bonneville’s rates are not 


lotter on DSK11XQN23PROD with NOTICES1
67746 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 

12 Id. at 6 (citing U.S. Dep’t of Energy—Bonneville 

Power Admin., 32 FERC ¶ 61,014, at n.15 (1985)). 

13 Id. (citing Tribal Parties Motion to Intervene at 

1 (citing 16 U.S.C. 839e(k))). 

14 Id. (quoting 16 U.S.C. 839e(k)). 

15 16 U.S.C. 839e(a)(2). Bonneville also must 

comply with the financial, accounting, and 

ratemaking requirements in Department of Energy 

Order No. RA 6120.2. 

16 Id. § 839e(k). 

17See, e.g., U.S. Dep’t of Energy—Bonneville 

Power Admin., 67 FERC ¶ 61,351, at 62,216–17 

(1994); Aluminum Co. of Am. v. Bonneville Power 

Admin., 903 F.2d 585, 592–93 (9th Cir. 1989). 

18See 18 CFR 300.10(a)(3)(ii). 

19See, e.g., U.S. Dep’t of Energy—Bonneville 

Power Admin., 160 FERC ¶ 61,113, at P 6 (2017). 

20See, e.g., id. P 13. 

21 18 CFR 300.20(c) (2022). 

22 Id. 

consistent with the NPCC Fish and 

Wildlife Program, Bonneville argues 

that this issue also concerns 

Bonneville’s fish and wildlife cost 

projections and whether those 

projections are (or must be) consistent 

with the NPCC’s Fish and Wildlife 

Program. Bonneville states that the 

Commission has previously addressed 

this issue, noting correctly that ‘‘issues 

related to the amount of money 

[Bonneville] plans to spend on fish and 

wildlife under the [NPCC’s] fish and 

wildlife [program]’’ are outside of the 

Commission’s scope of review.12

8. Bonneville further argues that the 

Tribal Parties misstate the procedures 

applicable to this proceeding when the 

Tribal Parties note that ‘‘parties in the 

[Bonneville] rate proceedings ‘shall be 

afforded an opportunity by the 

Commission for an additional 

hearing.’’’ 13 Bonneville argues that the 

Tribal Parties do not request such a 

hearing and explains that the referenced 

hearing opportunity in section 7(k) of 

the Northwest Power Act is inapplicable 

to the Commission’s review of 

Bonneville’s fiscal years 2024–2025 

rates. Bonneville states that section 7(k) 

applies to the sale of ‘‘nonfirm electric 

power within the United States, but 

outside the region,’’ which is not at 

issue in this proceeding.14

III. Discussion 

A. Procedural Matters 

9. Pursuant to Rule 214 of the 

Commission’s Rules of Practice and 

Procedure, 18 CFR 385.214 (2022), the 

timely, unopposed motion to intervene 

serve to make the entities that filed 

them parties to this proceeding. 

10. Rule 213(a)(2) of the 

Commission’s Rules of Practice and 

Procedure, 18 CFR 385.213(a)(2), 

prohibits an answer to a protest unless 

otherwise ordered by the decisional 

authority. We will accept Bonneville’s 

answer because it has provided 

information that assisted us in our 

decision-making process. 

B. Standard of Review 

11. Under the Northwest Power Act, 

the Commission’s review of 

Bonneville’s proposed regional power 

and transmission rates is limited to 

determining whether Bonneville’s 

proposed rates meet the three specific 

requirements of section 7(a)(2) of the 

Northwest Power Act:15

(A) they must be sufficient to assure 

repayment of the Federal investment in 

the Federal Columbia River Power 

System over a reasonable number of 

years after first meeting Bonneville’s 

other costs; 

(B) they must be based upon 

Bonneville’s total system costs; and 

(C) insofar as transmission rates are 

concerned, they must equitably allocate 

the costs of the Federal transmission 

system between Federal and nonFederal power. 

12. Commission review of 

Bonneville’s non-regional, non-firm 

rates also is limited. Review is restricted 

to determining whether such rates meet 

the requirements of section 7(k) of the 

Northwest Power Act,16 which requires 

that they comply with the Bonneville 

Project Act, the Flood Control Act of 

1944, and the Federal Columbia River 

Transmission System Act. Taken 

together, those statutes require that 

Bonneville’s non-regional, non-firm 

rates: 

(A) recover the cost of generation and 

transmission of such electric energy, 

including the amortization of 

investments in the power projects 

within a reasonable period; 

(B) encourage the most widespread 

use of Bonneville power; and 

(C) provide the lowest possible rates 

to consumers consistent with sound 

business principles. 

13. Unlike the Commission’s statutory 

authority under the Federal Power Act, 

the Commission’s authority under 

sections 7(a) and 7(k) of the Northwest 

Power Act does not include the power 

to modify the rates. The responsibility 

for developing rates in the first instance 

is vested with Bonneville’s 

Administrator. The rates are then 

submitted to the Commission for 

approval or disapproval. In this regard, 

the Commission’s role can be viewed as 

an appellate one: to affirm or remand 

the rates submitted to it for review.17

14. Moreover, review at this interim 

stage is further limited. In view of the 

volume and complexity of a Bonneville 

rate application, such as the one now 

before the Commission in this filing, 

and the limited period in advance of the 

requested effective date in which to 

review the application,18 the 

Commission generally defers resolution 

of issues on the merits of Bonneville’s 

application until the order on final 

confirmation. Thus, the proposed rates, 

if not patently deficient, generally are 

approved on an interim basis and the 

parties are afforded an additional 

opportunity in which to raise issues 

with regard to Bonneville’s 

application.19

15. The Commission declines at this 

time to grant final confirmation and 

approval of Bonneville’s proposed 

wholesale power and transmission rates. 

The Commission’s preliminary review 

nevertheless indicates that Bonneville’s 

wholesale power and transmission rates 

application appears to meet the 

statutory standards and the minimum 

threshold filing requirements of part 300 

of the Commission’s regulations.20

Moreover, the Commission’s 

preliminary review of Bonneville’s 

application indicates that it does not 

contain any patent deficiencies. The 

proposed rates therefore will be 

approved on an interim basis pending 

full review for final approval. We note, 

as well, that no one will be harmed by 

this decision because interim approval 

allows Bonneville’s rates to go into 

effect subject to refund with interest; the 

Commission may order refunds with 

interest if the Commission later 

determines in its final decision not to 

approve the rates.21

16. In addition, we will provide an 

additional period of time for parties to 

file comments and reply comments on 

issues related to final confirmation and 

approval of Bonneville’s proposed rates. 

This will ensure that the record in this 

proceeding is complete and fully 

developed. 

The Commission orders: 

(A) Interim approval of Bonneville’s 

proposed wholesale power and 

transmission rates for fiscal years 2024– 

2025 is hereby granted, to be effective 

October 1, 2023, through September 30, 

2025, subject to refund with interest as 

set forth in section 300.20(c) of the 

Commission’s regulations,22 pending 

final action and either their approval or 

disapproval. 

(B) Within 30 days of the date of this 

order, parties who wish to do so may 

file additional comments regarding final 

confirmation and approval of 

Bonneville’s proposed rates. Parties who 

wish to do so may file reply comments 

within 20 days thereafter. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 67747 

(C) The Secretary shall promptly 

publish this order in the Federal 

Register. 

By the Commission. 

Issued: September 26, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–21694 Filed 9–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric corporate 

filings: 

Docket Numbers: EC23–135–000. 

Applicants: EGCO Compass II, LLC, 

Dighton Power, LLC, Marco DM 

Holdings, L.L.C., Marcus Hook Energy, 

L.P., Milford Power, LLC. 

Description: Joint Application for 

Authorization Under Section 203 of the 

Federal Power Act of EGCO Compass II, 

LLC, et al. 

Filed Date: 9/26/23. 

Accession Number: 20230926–5090. 

Comment Date: 5 p.m. ET 10/17/23. 

Take notice that the Commission 

received the following exempt 

wholesale generator filings: 

Docket Numbers: EG23–301–000. 

Applicants: Midland Wind, LLC. 

Description: Midland Wind, LLC 

submits Notice of Self-Certification of 

Exempt Wholesale Generator Status. 

Filed Date: 9/26/23. 

Accession Number: 20230926–5116. 

Comment Date: 5 p.m. ET 10/17/23. 

Docket Numbers: EG23–302–000. 

Applicants: Sierra Estrella Energy 

Storage LLC. 

Description: Sierra Estrella Energy 

Storage LLC submits Notice of SelfCertification of Exempt Wholesale 

Generator Status. 

Filed Date: 9/26/23. 

Accession Number: 20230926–5132. 

Comment Date: 5 p.m. ET 10/17/23. 

Docket Numbers: EG23–303–000. 

Applicants: Superstition Energy 

Storage LLC. 

Description: Superstition Energy 

Storage LLC submits Notice of SelfCertification of Exempt Wholesale 

Generator Status. 

Filed Date: 9/26/23. 

Accession Number: 20230926–5134. 

Comment Date: 5 p.m. ET 10/17/23. 

Take notice that the Commission 

received the following Complaints and 

Compliance filings in EL Dockets: 

Docket Numbers: EL23–100–000; 

QF86–765–006. 

Applicants: THE DEXTER CORP., 

Algonquin Power Windsor Locks LLC. 

Description: Algonquin Power 

Windsor Locks LLC submits Petition for 

Declaratory Order. 

Filed Date: 9/20/23. 

Accession Number: 20230920–5160. 

Comment Date: 5 p.m. ET 10/18/23. 

Docket Numbers: EL23–101–000. 

Applicants: Mid-Atlantic Offshore 

Development, LLC. 

Description: Petition for Declaratory 

Order of Mid-Atlantic Offshore 

Development, LLC. 

Filed Date: 9/21/23. 

Accession Number: 20230921–5184. 

Comment Date: 5 p.m. ET 10/23/23. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER23–1598–002. 

Applicants: Versant Power. 

Description: Versant Power submits a 

Joint Offer of Settlement between itself, 

the Maine Public Utilities Commission 

and the Maine Office of the Public 

Advocate. 

Filed Date: 9/22/23. 

Accession Number: 20230922–5200. 

Comment Date: 5 p.m. ET 10/13/23. 

Docket Numbers: ER23–2929–000. 

Applicants: Amcor Storage LLC. 

Description: Baseline eTariff Filing: 

Baseline new to be effective 1/1/2024. 

Filed Date: 9/26/23. 

Accession Number: 20230926–5133. 

Comment Date: 5 p.m. ET 10/17/23. 

Take notice that the Commission 

received the following electric 

reliability filings 

Docket Numbers: RD23–6–000. 

Applicants: North American Electric 

Reliability Corporation. 

Description: North American Electric 

Reliability Corporation submits Petition 

for Approval of Proposed Reliability 

Standards re IRO–010–5 and TOP–003– 

6.1. 

Filed Date: 9/21/23. 

Accession Number: 20230921–5183. 

Comment Date: 5 p.m. ET 10/26/23. 

The filings are accessible in the 

Commission’s eLibrary system (https://

elibrary.ferc.gov/idmws/search/

fercgensearch.asp) by querying the 

docket number. 

Any person desiring to intervene, to 

protest, or to answer a complaint in any 

of the above proceedings must file in 

accordance with Rules 211, 214, or 206 

of the Commission’s Regulations (18 

CFR 385.211, 385.214, or 385.206) on or 

before 5:00 p.m. Eastern time on the 

specified comment date. Protests may be 

considered, but intervention is 

necessary to become a party to the 

proceeding. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: September 26, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–21691 Filed 9–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas and 

Oil Pipeline Rate and Refund Report 

filings: 

Filings Instituting Proceedings 

Docket Numbers: RP23–1057–000. 

Applicants: Rockies Express Pipeline 

LLC. 

Description: Section 4(d) Rate Filing: 

REX 2023–09–25 Negotiated Rate 

Agreement to be effective 9/26/2023. 

Filed Date: 9/25/23. 

Accession Number: 20230925–5139. 

Comment Date: 5 p.m. ET 10/10/23. 

Docket Numbers: RP23–1058–000. 

Applicants: Iroquois Gas 

Transmission System, L.P. 

Description: Section 4(d) Rate Filing: 

9.26.23 Negotiated Rates—Citadel 

Energy Marketing LLC R–7705–15 to be 

effective 11/1/2023. 

Filed Date: 9/26/23. 

Accession Number: 20230926–5004. 

Comment Date: 5 p.m. ET 10/10/23. 

Docket Numbers: RP23–1059–000. 

Applicants: Iroquois Gas 

Transmission System, L.P. 

Description: Section 4(d) Rate Filing: 

9.26.23 Negotiated Rates—Citadel 

Energy Marketing LLC R–7705–16 to be 

effective 11/1/2023. 


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