Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 74173 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–159–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: § 205(d) Rate Filing: 

Amend ISA/CSA, SA Nos. 5245 & 5250; 

Queue No. AB2–067/AC1–044/AD2–189 

(amend) to be effective 12/20/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5038. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–160–000. 

Applicants: PacifiCorp. 

Description: Tariff Amendment: 

Termination of Black Hills NITSA Rev 

3 (SA 347) to be effective 12/31/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5043. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–161–000. 

Applicants: Tri-State Generation and 

Transmission Association, Inc. 

Description: § 205(d) Rate Filing: 

Initial Filing of Service Agreement 

FERC No. 915 to be effective 9/20/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5065. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–162–000. 

Applicants: American Transmission 

Systems, Incorporated, PJM 

Interconnection, L.L.C. 

Description: § 205(d) Rate Filing: 

American Transmission Systems, 

Incorporated submits tariff filing per 

35.13(a)(2)(iii: ATSI submits Revised 

Interconnection Agreement, Service 

Agreement No. 3992 to be effective 12/ 

20/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5066. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–163–000. 

Applicants: Exelon Business Services 

Company, LLC, PJM Interconnection, 

L.L.C. 

Description: § 205(d) Rate Filing: 

Exelon Business Services Company, 

LLC submits tariff filing per 

35.13(a)(2)(iii: BGE, PECO & Pepco 

Request for Order Authorizing 

Abandoned Plant Incentive to be 

effective 12/20/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5067. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–164–000. 

Applicants: Tri-State Generation and 

Transmission Association, Inc. 

Description: § 205(d) Rate Filing: 

Amendment to Service Agreement FERC 

No. 891 to be effective 9/21/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5070. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–165–000. 

Applicants: Midcontinent 

Independent System Operator, Inc. 

Description: Compliance filing: 2023– 

10–20_Order No. 895 Credit Information 

Sharing Compliance to be effective 10/ 

21/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5073. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–166–000. 

Applicants: Sun Streams Expansion, 

LLC. 

Description: § 205(d) Rate Filing: 

Amendment to LGIA Co-Tenancy 

Agreement to be effective 10/21/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5074. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–167–000. 

Applicants: Sun Pond, LLC. 

Description: § 205(d) Rate Filing: 

Certificate of Concurrence for 

Amendment to LGIA Co-Tenancy 

Agreement to be effective 10/21/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5081. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–168–000. 

Applicants: Pennsylvania Power 

Company, PJM Interconnection, L.L.C. 

Description: § 205(d) Rate Filing: 

Pennsylvania Power Company submits 

tariff filing per 35.13(a)(2)(iii: Penn 

Power Amends 9 ECSAs (5390 5516 

5569 5640 5703 6041 6334 6347 6618) 

to be effective 12/31/9998. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5084. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–169–000. 

Applicants: Niagara Mohawk Power 

Corporation, New York Independent 

System Operator, Inc. 

Description: § 205(d) Rate Filing: 

Niagara Mohawk Power Corporation 

submits tariff filing per 35.13(a)(2)(iii: 

Niagara Mohawk 205: Amended ISA 

between NMPC & Cedar Rapids 

Transmission (SA336) to be effective 9/ 

20/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5091. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–170–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: Tariff Amendment: 

Notice of Cancellation of ISA, SA No. 

5485; Queue No. AB1–107 Re: 

Withdrawal to be effective 12/20/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5102. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–171–000. 

Applicants: Skysol, LLC. 

Description: Baseline eTariff Filing: 

Skysol, LLC MBR Tariff to be effective 

11/30/2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5103. 

Comment Date: 5 p.m. ET 11/13/23. 

Docket Numbers: ER24–172–000. 

Applicants: FirstEnergy Pennsylvania 

Electric Company. 

Description: Baseline eTariff Filing: 

2023.10.20—Baseline Market-Based 

Rate Tariff Filing to be effective 10/20/ 

2023. 

Filed Date: 10/20/23. 

Accession Number: 20231020–5106. 

Comment Date: 5 p.m. ET 11/13/23. 

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: October 20, 2023. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2023–23831 Filed 10–27–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Southeastern Power Administration 

Notice of Issuance of Final Power 

Marketing Policy, for the Jim Woodruff 

System Project 

AGENCY: Southeastern Power 

Administration (Southeastern), DOE. 


khammond on DSKJM1Z7X2PROD with NOTICES
74174 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 

ACTION: Notice of final power marketing 

policy. 

SUMMARY: The Administrator has 

adopted the attached Final Power 

Marketing Policy for the Jim Woodruff 

System Project. The policy will be 

effective thirty days after publication in 

the Federal Register. The policy was 

developed in accordance with 

Southeastern’s Procedure for Public 

Participation in the Formulation of 

Marketing Policy published July 6, 

1978, pursuant to a notice of intent to 

formulate a power marketing policy 

published in the Federal Register of 

August 5, 2022, and a proposed policy 

published in the Federal Register of 

April 7, 2023. A public comment forum 

was held via a virtual web based 

meeting on June 8, 2023. Comments 

were due on or before June 23, 2023. 

Twelve comments were received 

relative to the proposed policy. The 

Administrator appointed a Staff 

Committee to prepare a Staff Evaluation 

of all oral and written comments and 

responses received by Southeastern and 

to make appropriate recommendations. 

The Staff Evaluation was completed on 

Sept 5, 2023. Following the Staff 

Evaluation, the Administrator decided 

to adopt the policy as modified. 

SUPPLEMENTARY INFORMATION: 

The Final Power Marketing Policy 

sets forth the guidelines which 

Southeastern will follow in the future 

disposition of power from the Jim 

Woodruff System. The policy covers 

power from the Jim Woodruff project 

and establishes the marketing area and 

specifies the allocation of power to area 

preference customers. The policy also 

deals with utilization of area utility 

systems for essential purposes, 

wholesale rates, and energy and 

economic efficiency measures. 

Southeastern has determined this 

action fits within the following 

categorical exclusions listed in 

appendix B to subpart D of 10 CFR 

1021: B4.1 (Contracts, policies, and 

marketing and allocation plans for 

electric power). Categorically excluded 

projects and activities do not require 

preparation of either an environmental 

impact statement or an environmental 

assessment. 

A recital of the primary comments 

regarding the proposed power marketing 

policy, responses to those comments, 

and specific decisions and changes in 

the proposed power marketing policy 

approved by the Administrator precede 

the text of the final policy as adopted. 

Primary Comments and Responses 

1. Comment: The proposed policy 

states that the Jim Woodruff Lock and 

Dam (Project) has a total capacity of 36 

MW. The Policy also lists the capacity 

allocations for each of the current 

preference customers which adds up to 

the total 36 MW. It was our 

understanding from SEPA’s February 2, 

2023, presentation that the total 

installed capacity of the Project is 

43.345 MW, and the preference 

customers will have access to the total 

generation each hour measured at the 

busbar based upon each preference 

customer’s pro-rata share. The proposed 

policy states that if the actual generation 

is less than the allocated capacity in any 

hour then the amount delivered to each 

preference customer will be reduced, 

pro-rata; however, the proposed policy 

is silent as to what happens if the actual 

generation in any hour is in excess of 

the 36 MW. Is it the intention that any 

generation in excess of 36 MW would be 

allocated pro-rata share as well? Should 

the proposed policy be amended to 

address how total generation in excess 

of 36 MW will be handled? 

Response: Southeastern states its goal 

in the proposed policy is to allocate all 

available and usable system power to 

preference customers. The legacy 

capacity value of 36 MW is used in the 

proposed Marketing policy as a 

denominator for calculating the pro-rata 

share. Nameplate capacity is 48.165 

MVA but maximum operating capacity 

is limited to 43.345 MW. There are 

many hours, depending on streamflow, 

where the project generates less than 36 

MW and hours where generation is 

above 36 MW—up to the plant 

maximum operating capacity. As a 

‘‘run-of-the-river’’ project, there is 

limited ability to dispatch against 

streamflow. ‘‘Preference customers’’ are 

those entities with customer contracts. 

Preference customers would receive a 

pro-rata share of energy generated. 

Southeastern does not think an 

amended Policy is needed to address 

total energy allocations. 

2. Comment: If the preference 

customers do have access to their prorata share of the actual Project 

generation each hour, under the new 

contracts, what will the billing demand 

determinant be based upon? Will it be 

based upon the actual Project peak 

generation for the month or capped at 

the total 36 MW? 

Response: The rate structure for Jim 

Woodruff currently contains a metered 

energy and a monthly demand charge. 

This construct is subject to periodic 

rate-development proceedings and will 

be addressed there. The Jim Woodruff 

rates are effective through September 

30, 2026. Southeastern intends to keep 

the current JW–1–L rate where monthly 

billing demand will be based on 

capacity allocations. Energy billing will 

be based on the customer ratio-share of 

monthly project net metered generation 

at the bus-bar. 

3. Comment: The proposed policy 

states that the Final Marketing Policy 

will be implemented through contracts 

for terms not to exceed ten years and the 

existing preference customers can 

continue with their current allocated 

shares of capacity. Will all PreferenceEligible customers listed in Appendix A 

have access to a pro-rata share of the 

total capacity of the Project capacity 

after the end of the ten-year contracts 

with the existing preference customers 

(i.e., subject to the 500 kW limitation) or 

will the existing preference customers 

have right of first refusal? 

Response: Southeastern’s marketing 

area in the Final Policy is the entire 

state of Florida and contains 53 

preference-eligible public bodies and 

cooperatives based on 2020 load 

information. Southeastern currently has 

contracts with six of these preferenceeligible entities. Southeastern does not 

expect any additional power or energy 

to be marketable for the foreseeable 

future as a result of the Duke Energy 

Florida contract termination so 

Southeastern proposes to continue 

arrangements with these six customers. 

However, Southeastern has included a 

mechanism in the proposed policy to 

allow power and energy to be allocated 

should any become available in the 

future. Thus, the expiration of the initial 

contract term could allow system power 

or energy to be made available to other 

preference-eligible customers. The 

proposed policy does not convey a 

‘‘right of first refusal’’ to any customer 

nor an obligation on the government to 

allocate a pro-rata share of the total 

system capacity across all preferenceeligible customers at the end of the 

contract term. 

4. Comment: The proposed policy 

states that ‘‘both existing and 

preference-eligible customers will be 

eligible to share equitably in any 

capacity remaining after reductions for 

reserves, losses or capacity and energy 

relinquished by existing customers’’. 

What is meant by the term ‘‘reserves’’? 

Response: Reserves include capacity 

to meet station service needs and any 

other operational requirements at the 

Project. 

5. Comment: Under the Utilization at 

Utility Systems section of the proposed 

policy, there is a statement that it may 

be necessary for Southeastern to 

contract with a third party to ‘‘dispose’’ 

of system power under ‘‘reasonable and 

acceptable marketing arrangements’’. If 

the preference customers are receiving a 

pro-rata share of all of the output, when 


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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 74175 

would a condition exist that would 

result in the disposal of system power? 

It is our understanding from the 

February 2nd meeting that the 

contracting preference customers will be 

responsible for contracting with Duke 

Energy Florida (DEF) for the 

transmission of the Project power (either 

network transmission service or 

presumably point-to-point transmission 

service for those preference customers 

that need to wheel power across DEF’s 

transmission system). We understand 

that Southeastern will be entering into 

an interconnection agreement with DEF. 

Does Southeastern expect a need to 

contract with DEF or another utility for 

any other transmission or marketing 

arrangement (i.e., other than the 

interconnection agreement with DEF)? 

Response: Dispose is referred to 

Southeastern’s authorizing legislation, 

section 5, Flood Control Act 1944, 16 

U.S.C. 825s. The proposed policy 

specifies delivery to the project bus-bar 

(Point of Interconnection with DEF). 

Southeastern may be required to enter 

into a re-imbursement agreement with 

the Host Balancing Authority (DEF) in 

the event arrangements need to be 

implemented to allow Jim Woodruff to 

be treated as a Pseudo-Tied generator, as 

that term is defined by the North 

American Electric Reliability 

Corporation. It is expected that if this 

becomes necessary, it will be a financial 

transaction and not a bartered marketing 

arrangement. 

6. Comment: For Seminole to 

schedule the Project power each hour 

under the DEF transmission agreement, 

Seminole will require real time 

telemetry access to the actual Project net 

generation. Seminole will plan to 

contact Carter Edge to make those 

arrangements. 

Response: Southeastern does not have 

real-time telemetry at Jim Woodruff. It is 

expected that this information is 

available from DEF via the Eastern 

Interconnection Data Sharing Network 

(EIDSN). 

7. Comment: The proposed power 

marketing policy indicates it will be 

implemented through contracts with 

terms not to exceed ten years. How was 

the ten-year term chosen? Why or under 

what circumstances would the 

Southeastern Power Administration 

(‘‘SEPA’’) consider a term of less than 

ten-years? Did SEPA consider a contract 

term that lasts for the life of the project, 

with rights for a preference customer to 

exit earlier, if it desires to do so? Will 

the terms of all preference customer 

contracts have to be the same? To the 

extent that other SEPA power marketing 

policies have standard contract terms of 

20 years, with evergreen provisions, the 

Cities would urge SEPA that the Jim 

Woodruff System Project should, at 

least, have contract terms of the same 

length. 

Response: The proposed power 

marketing policy supports the statutory 

authority granted to the Administrator 

in section 5 of the Flood Control Act of 

1944, 16 U.S.C. 825s, allowing power 

and energy not required in the operation 

of project to be transmitted and sold in 

such a manner to as to encourage the 

most widespread use thereof at the 

lowest rates possible to consumers 

consistent with sound business 

principles. Southeastern agrees that 

providing for a contract term up to 

twenty years would give maximum 

flexibility in the negotiations under this 

policy and will allow for contracts to be 

entered into for a term greater than ten 

years if necessary or if found desirable 

during contract negotiations. Contracts 

can be extended beyond the initial term 

if acceptable by the parties. 

8. Comment: The proposed power 

marketing policy states: ‘‘Resale rate 

provisions requiring the benefits of 

Southeastern’s power to be passed on to 

the ultimate consumer will be included 

in each customer contract with 

Southeastern which provides for 

Southeastern to supply more than 25% 

of the customer’s total power 

requirements . . . .’’ Why are these 

resale rate provisions necessary? And, 

why do they only apply to a preference 

customer whose supply from SEPA is 

more than 25% of the customer’s total 

power requirement? How the 25% is 

calculated, and is it a one-time 

calculation, or is it periodically redone 

to pick up changes in total power 

requirements? Will these resale rate 

provisions apply to imbalance sales? 

Specifically, does SEPA expect the 

Cities to be subject to such resale rate 

provisions? If so, it will be important 

that the resale rate provisions not 

conflict with the imbalance sale terms of 

filed FERC tariffs for the relevant 

transmission provider. Further, any 

resale rate or other provisions should be 

cognizant that the Cities are members of 

a joint action agency and that there 

needs to be a mechanism available for 

the cities to integrate their wholesale 

power supply needs with the portfolio 

of the joint action agency, including the 

possibility of assigning or transferring 

the output of the SEPA power to the 

joint action agency for the duration of 

term the joint action agency may be 

supplying the balance of each of the 

City’s wholesale power needs. 

Response: After review of 

Southeastern’s other three marketing 

areas the agency will modify the policy 

to eliminate the Resale Rates section. 

Southeastern will modify the policy to 

add the Florida Municipal Power 

Agency as a preference eligible 

customer as it represents solely 

municipal customers. 

9. Comment: The proposed power 

marketing policy indicates that SEPA 

can dispose of system power under 

reasonable and acceptable marketing 

arrangements. Who determines the 

reasonability and acceptability of the 

marketing arrangements? Will there be 

an opportunity for preference customers 

to provide input on those 

determinations? Under what 

circumstances would SEPA anticipate 

having to dispose of system power? To 

the extent that SEPA does dispose of 

system power, how will revenue from 

those transactions be applied to SEPA’s 

revenue requirements, as a credit to the 

benefit of the preference customers? If 

the disposal of system power results in 

a net cost to SEPA, will preference 

customers be responsible for any of that 

cost and, if so, to what extent? 

Response: Southeastern has used a 

public participation process for 

formulating power marketing policies 

since 1978 with procedures outlined in 

the Procedure for Public Participation in 

the Formulation of Marketing Policy (43 

FR 29186, 29187, July 6, 1978) to 

dispose of system power. The Jim 

Woodruff System will continue to be 

hydraulically, electrically, and 

financially integrated as a single project 

system. Revenue requirements are 

calculated to recover operating expenses 

and the federal capital investment and 

rates are set for the sale of power and 

energy in excess of use at the project to 

preference customers in a manner 

consistent with sound business 

principles. A periodic rate filing process 

where costs and revenues are calculated 

and shared via public forums allows for 

public participation and rates to be 

reviewed and approved by the Federal 

Energy Regulatory Commission (FERC). 

Southeastern will continue to use costbased rates subject to Congressional, 

FERC and Department of Energy 

mandates. 

10. Comment: The proposed power 

marketing policy states: ‘‘Each customer 

purchasing Southeastern’s power shall 

agree to take reasonable measures to 

encourage the conservation of energy by 

ultimate consumers.’’ Where will this 

referenced agreement to encourage 

conservation reside? As a part of the 

project contracts, or elsewhere? Why is 

this conservation encouragement 

measure included here? Will SEPA 

require quantitative or qualitative 

tracking and reporting of conservation 

encouragement measures? If efforts to 

encourage conservation to not prove to 


khammond on DSKJM1Z7X2PROD with NOTICES
74176 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 

reduce energy consumption by a 

preference customer’s ultimate 

consumers, will that have a negative 

impact on preference customers in any 

manner? 

Response: Power marketing policies 

in other systems marketed by 

Southeastern include the referenced 

wording which encourages energy 

conservation by preference customers 

consistent with guidance in the 

Department Energy Organization Act, 42 

U.S.C. 7112 (1977), where departmental 

elements are directed ‘‘to promote 

maximum possible energy conservation 

measures in connection with the 

activities within their respective 

jurisdictions.’’ Southeastern currently 

has no plans for qualitative and 

quantitative tracking of performance for 

conservation measures employed by 

ultimate users. This topic will be 

addressed in customer contracts. 

11. Comment: SEPA has indicated 

that it will now have to enter into a 

large generator interconnection 

agreement (‘‘LGIA’’), and take 

interconnection service, from Duke 

Energy Florida (‘‘DEF’’), following the 

termination of the existing DEF 

arrangement with SEPA on April 20, 

2024. If studies associated with the 

LGIA indicate system impacts on the 

DEF system, that have to be paid for by 

SEPA to receive interconnection service, 

when does SEPA expect to receive those 

cost estimates? Assuming that there are 

any costs that must be paid to DEF 

under the LGIA, the Cities expect those 

costs to be borne proportionately 

through rates by each of the preference 

customers. Under any circumstance, 

would that not be the case? If there are 

costs that have to be paid to DEF for 

interconnection service, subject to 

refund, how will those refund amounts 

be distributed to preference customers? 

Response: Southeastern does not 

anticipate initial or normal recurring 

costs associated with implementing the 

LGIA with Duke Energy Florida. Any 

special occurrence costs would be 

accounted for in a manner acceptable to 

Southeastern and the preference 

customers in the rate setting process. 

12. Comment: The SeFPC supports 

the following determinations made by 

SEPA in the proposed policy: 

1. SEPA will follow the guidance of 

the Flood Control Act of 1944; 

2. SEPA will deliver power at the busbar and pursue appropriate rate design 

and operational solutions to maintain 

‘‘the Jim Woodruff system financially, 

electrically, and hydraulically 

independent of any other Southeastern 

system’’; 

3. Considering the equitable 

contributions made by existing SEPA 

customers who receive the benefit of the 

Jim Woodruff system; 

4. Continuing with the allocated share 

of capacity for existing customers; 

5. Including a process for the 

distribution of Renewable Energy 

Certificates (‘‘RECs’’) for preference 

customers of the Jim Woodruff system; 

and 

6. Declaring that no rates will be 

established for the RECs. 

The proposed policy indicates that 

the existing customers will be offered 

new contracts for a term of ten years 

upon the adoption of the marketing 

policy. The ten-year term reflects an 

approach adopted by SEPA forty years 

ago with the Cumberland System of 

Projects. Since that time, SEPA has 

adopted approaches for other marketing 

areas which provide assurances for the 

availability of the preference resource 

for a longer term. Notably, although 

SEPA proposed a ten-year term for the 

customers of the Kerr-Philpott projects, 

SEPA explained that ‘‘contracts can be 

extended if acceptable by all parties.’’ 

Nine years later, SEPA was encouraged 

to allow for contracts up to twenty years 

for the Georgia-Alabama-South Carolina 

(‘‘GA–AL–SC’’) system of projects. 

SEPA agreed explaining that providing 

for contracts for a term up to twenty 

years would ‘‘give maximum flexibility 

in the negotiation of contracts under 

[the] policy and will allow for contracts 

to be entered into for a term of greater 

than ten years if necessary or if found 

desirable during contract negotiations.’’ 

The most recent marketing policy for 

the GA–AL–SC system of projects 

provides the most recent approach for 

determining contract length. Many of 

the customers in the GA–AL–SC 

marketing area purchase power from 

SEPA under twenty-year contracts. 

SEPA should follow the same approach 

adopted in the GA–AL–SC marketing 

policy and provide for twenty-year 

contracts during negotiations on final 

contract terms. Similarly, SEPA should 

also include an evergreen clause to 

allow for renewal of the contract. This 

approach would track the sentiment 

expressed in the Kerr-Philpott 

marketing policy in which contracts 

should be renewed if acceptable to all 

parties. 

Response: Southeastern agrees that 

providing for a contract term up to 

twenty years would give maximum 

flexibility in the negotiations under this 

policy and will allow for contracts to be 

entered into for a term greater than ten 

years if necessary or if found desirable 

during contract negotiations. 

Changes or modifications in the Final 

Power Marketing Policy: It was 

determined to allow for contracts to be 

entered into for a period of time greater 

than ten years if necessary or if found 

desirable during contract negotiations 

(see comments 7 and 12). 

The Resale Rates section has been 

eliminated and will be addressed in 

contract negotiations to ensure the 

ultimate customer is benefiting from the 

Federal Hydropower Program. The 

Florida Municipal Power Agency was 

added to the list of preference eligible 

customers given two of the 

municipalities they represent have 

allocations from the Jim Woodruff 

Project bringing the total to 53 

preference eligible customers in the 

policy (see comment 8). 

Final Power Marketing Policy 

Jim Woodruff System Project 

General: The project and power 

products subject to this policy are: 

Name Capacity 

(kw) 

Average 

energy 

(MWh) 

Energy attribute 

Jim Woodruff Lock and Dam ........................................ 36,000 193,530 Renewable Energy Certificate. 

This Power Marketing Policy for 

electric power and energy not required 

in the operation of Jim Woodruff Lock 

and Dam will replace the arrangements 

in the contract between Duke Energy 

Florida and Southeastern Power 

Administration (Southeastern) dated 

July 19, 1957 (Rate Schedule No. 65), 

which provided for a fair and reasonable 

arrangement for the circumstances 

prevailing at the time the power was 

sold. Arrangements for the sale, 

purchase, wheeling and firming of 

power from the Jim Woodruff Lock and 

Dam will be implemented as soon as 

contract revisions pursuant to this 

policy can be negotiated. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 74177 

The Final Marketing Policy will be 

implemented through negotiated 

contracts terms of approximately ten 

years but may be negotiated for terms of 

up to 20 years with consideration for 

extensions if acceptable to all parties 

during contract negotiations. 

Deliveries will be made at the project 

bus-bar. The project will be 

hydraulically, electrically, and 

financially integrated as a single project 

system and will be operated to make 

maximum contribution to the respective 

utility areas. Preference in the sale of 

the power will be given to public bodies 

and cooperatives. 

Marketing Area: Southeastern’s 

marketing area shall be the entire state 

of Florida. The marketing area contains 

53 eligible public bodies and 

cooperatives, as listed on Appendix A 

attached hereto. 

Allocations of Power: It is 

Southeastern’s goal to allocate all 

available and usable system power (that 

power remaining after provision for 

reserves and losses) to preference 

customers. 

As to the power sold to the existing 

preference customers prior to contracts 

executed to implement this policy, each 

existing preference customer within the 

Duke Energy Florida service area will 

continue with its allocated share of the 

marketed capacity and resulting pro-rata 

share of the associated energy. Current 

capacity allocations are summarized 

below: 

Talquin Elec Coop 13,500 kW 

City of Quincy 8,400 kW 

Tri County Elec Coop 5,200 kW 

Suwannee Valley Elec Coop 4,800 kW 

Central Florida Elec Coop 2,300 kW 

City of Chattahoochee 1,800 kW 

Southeastern does not expect any 

additional capacity or energy to be 

marketable from the project in the 

foreseeable future. However, both 

existing and preference-eligible 

customers will be eligible to share 

equitably in any capacity remaining 

after reductions for reserves, losses or 

capacity and energy relinquished by 

existing customers. Allocations of any 

newly available power and energy to a 

particular preference customer will be 

based on the relationship of such 

customer’s maximum 2020 demand to 

the sum of the 2020 maximum demands 

of all preference customers sharing such 

power so long as such customer demand 

is expected to be and will be treated 

hereunder in each month as not less 

than 500 kW. Southeastern recognizes 

that West Florida Electric Cooperative 

Association Incorporated was 

previously included in Jim Woodruff 

allocations but is now served by 

Southeastern’s GA–AL–SC system. For 

allocation purposes, they will be treated 

as if they are a preference-eligible 

customer. 

There will be times when hydraulic 

conditions reduce the operating head or 

the available streamflow of the project 

and not all the allocated capacity can be 

made available. The power available 

from the project shall be reduced, prorata based on project capability. 

Renewable Energy Certificates (RECs): 

Southeastern has included a process for 

REC distribution in this marketing 

policy. The REC distribution process 

will not impact power allocation within 

the System marketing area. 

The M–RETS Tracking System creates 

and tracks certificates reporting 

generation attributes, by generating unit, 

for each megawatt-hour (MWh) of 

energy produced by registered 

generators. The System project is 

registered within M–RETS. The RECs 

potentially satisfy Renewable Portfolio 

Standards, state policies, and other 

regulatory or voluntary clean energy 

standards in a number of states. 

Southeastern has subscribed to M–RETS 

and has an account in which RECs are 

collected and tracked for each MWh of 

energy produced from the System. 

Within M–RETS, certificates can be 

transferred to other M–RETS subscribers 

or to a third-party tracking system. M– 

RETS creates a REC for every MWh of 

renewable energy produced, tracks the 

life cycle of each REC created, and 

ensures against any double counting or 

double-use of each REC. 

REC Distribution: M–RETS (or a 

successor application) will be the 

transfer mechanism for all RECs related 

to the System. Southeastern shall 

maintain an account with M–RETS and 

collect RECs from the generation at the 

System project. Southeastern will verify 

the total amount of RECs each month. 

Preference Customers with an allocation 

of power from the System are eligible to 

receive RECs by transfer from 

Southeastern’s M–RETS account to their 

M–RETS account or that of their agent. 

Transfers to each customer will be based 

on the customer’s monthly invoices 

during the same three-month period 

(quarter). All RECs distributed by 

Southeastern shall be transferred within 

forty-five days of the end of a quarter. 

Each customer must submit to 

Southeastern, by the tenth business day 

after the quarter, any notice of change to 

M–RETS account or agent. Any REC 

transfers that were not claimed, or if a 

transfer account was not provided to 

Southeastern, will be forfeited if they 

become nontransferable as described in 

the M–RETS terms of service, 

procedures, policies, or definitions of 

reporting and trading periods, or any 

subsequent rules and procedures for 

transfers as established. The initial 

transfer process in M–RETS will be 

accomplished by the sixtieth day after 

the end of the first completed quarter 

subsequent to publication of the final 

policy. 

Any balance of RECs that exist in 

Southeastern’s M–RETS account, other 

than the first quarter after policy 

revision publication, may also be 

transferred to Preference Customers 

according to the customer’s invoiced 

energy at the time of the REC creation. 

Rates: No rates shall be established by 

Southeastern for RECs transferred to 

Preference Customers. Any cost to 

Southeastern, such as the M–RETS 

subscription, will be incorporated into 

marketing costs and included in 

recovery through the energy and 

capacity rates of the System. 

Utilization at Utility Systems: In the 

absence of transmission facilities of its 

own, Southeastern may use area 

generation and transmission systems as 

may be necessary to dispose of system 

power under reasonable and acceptable 

marketing arrangements. Utility systems 

providing such services shall be entitled 

to adequate compensation. 

Wholesale Rates: Rate schedules shall 

be drawn to recover all costs associated 

with producing and transmitting the 

power in accordance with then current 

repayment criteria. Production costs 

will be determined on a system basis 

and rate schedules will be related to the 

integrated output of the project. Rates 

schedules may be revised periodically. 

Conservation Measures: Each 

customer purchasing Southeastern’s 

power shall agree to take reasonable 

measures to encourage the conservation 

of energy by ultimate consumers. 

Legal Authority 

The policy is developed under 

authority of Section 5 of the Flood 

Control Act of 1944, 16 U.S.C. 825s, and 

Section 302(a) of the Department of 

Energy Organization Act of 1977, 42 

U.S.C. 7152. This power marketing 

policy was developed in accordance 

with the Procedure for Public 

Participation in the Formulation of 

Marketing Policy published July 6, 

1978, 43 FR 29186. 

Environmental Impact 

Southeastern has determined this 

action fits within the following 

categorical exclusions listed in 

appendix B to subpart D of 10 CFR 

1021: B4.1 (Contracts, policies, and 

marketing and allocation plans for 

electric power). Categorically excluded 

projects and activities do not require 


khammond on DSKJM1Z7X2PROD with NOTICES
74178 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 

preparation of either an environmental 

impact statement or an environmental 

assessment. 

Determination Under Executive Order 

12866 

Southeastern has an exemption from 

centralized regulatory review under 

Executive Order 12866; accordingly, no 

clearance of this notice by the Office of 

Management and Budget is required. 

Signing Authority 

This document of the Department of 

Energy was signed on October 11, 2023, 

by Virgil G. Hobbs III, Administrator, 

Southeastern Power Administration, 

pursuant to delegated authority from the 

Secretary of Energy. That document, 

with the original signature and date, is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on October 25, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Appendix A: Preference-Eligible Customers 

Municipals 2020 Peak load MW 

Alachua ................................................................................................................................................................................................................. 28 

Bartow ................................................................................................................................................................................................................... 60 

Blountstown ........................................................................................................................................................................................................... 8 

Bushnell ................................................................................................................................................................................................................. 6 

Chattahoochee ...................................................................................................................................................................................................... 6 

Clewiston ............................................................................................................................................................................................................... 22 

Florida Municipal Power Agency .......................................................................................................................................................................... 1,512 

Fort Meade ............................................................................................................................................................................................................ 10 

Fort Pierce ............................................................................................................................................................................................................. 113 

Gainesville ............................................................................................................................................................................................................. 410 

Green Cove Springs ............................................................................................................................................................................................. 24 

Havana .................................................................................................................................................................................................................. 7 

Homestead Energy Services ................................................................................................................................................................................ 115 

JEA formerly Jacksonville Electric Authority ......................................................................................................................................................... 2,658 

Jacksonville Beach dba Beaches Energy Services .............................................................................................................................................. 168 

Keys Energy Services formerly Key West ............................................................................................................................................................ 145 

Kissimmee ............................................................................................................................................................................................................. 374 

Lake Worth Beach ................................................................................................................................................................................................ 96 

Lakeland Electric ................................................................................................................................................................................................... 667 

Leesburg ............................................................................................................................................................................................................... 118 

Moore Haven ......................................................................................................................................................................................................... 4 

Mount Dora ........................................................................................................................................................................................................... 23 

New Smyrna Beach .............................................................................................................................................................................................. 105 

Newberry ............................................................................................................................................................................................................... 9 

Ocala ..................................................................................................................................................................................................................... 314 

Orlando .................................................................................................................................................................................................................. 1,294 

Quincy ................................................................................................................................................................................................................... 28 

Reedy Creek Utilities ............................................................................................................................................................................................ 166 

St. Cloud ............................................................................................................................................................................................................... 186 

Starke .................................................................................................................................................................................................................... 16 

Tallahassee ........................................................................................................................................................................................................... 616 

Vero Beach ........................................................................................................................................................................................................... 180 

Wauchula .............................................................................................................................................................................................................. 14 

Williston ................................................................................................................................................................................................................. 8 

Winter Park ........................................................................................................................................................................................................... 94 

Cooperatives 2020 Peak load MW 

Central Florida Electric Cooperative ..................................................................................................................................................................... 131 

Choctawhatchee Electric Cooperative (CHELCO) ............................................................................................................................................... 219 

Clay Electric Cooperative ...................................................................................................................................................................................... 788 

Escambia River Electric Cooperative ................................................................................................................................................................... 43 

Glades Electric Cooperative ................................................................................................................................................................................. 60 

Gulf Coast Electric Cooperative ............................................................................................................................................................................ 86 

Lee County Electric Cooperative .......................................................................................................................................................................... 970 

Okefenoke Electric Cooperative ........................................................................................................................................................................... 178 

Peace River Electric Cooperative ......................................................................................................................................................................... 205 

PowerSouth Energy Cooperative (G&T) ............................................................................................................................................................... 2,027 

SECO Energy (Sumter Electric Coop) .................................................................................................................................................................. 865 

Suwannee Valley Electric Cooperative ................................................................................................................................................................. 119 

Talquin Electric Cooperative ................................................................................................................................................................................. 213 

Tri-County Electric Cooperative ............................................................................................................................................................................ 60 

West Florida Electric Cooperative ........................................................................................................................................................................ 123 

Withlacoochee Electric Cooperative ..................................................................................................................................................................... 1,002 

Florida Keys Electric Cooperative ......................................................................................................................................................................... 156 

Seminole Electric Cooperative (G&T) ................................................................................................................................................................... 3,409 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Notices 74179 

[FR Doc. 2023–23906 Filed 10–27–23; 8:45 a.m.] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R08–SFUND–2023–0488; FRL–11438– 

01–R8] 

Administrative Settlement Agreement, 

Commodore Mining Company, Del 

Monte Mining Company, Kanawha 

Mines, LLC, Settling Parties, Mineral 

County, Colorado, Purchaser 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed agreement; 

request for public comment. 

SUMMARY: Notice is hereby given by the 

U.S. Environmental Protection Agency 

(EPA), Region 8, of an Administrative 

Settlement Agreement between the 

United States on behalf of the EPA, the 

State of Colorado, Commodore Mining 

Company, Del Monte Mining Company, 

Kanawha Mines, LLC, and Mineral 

County, Colorado (collectively 

‘‘Parties’’), at the Nelson Tunnel/ 

Commodore Waste Rock Superfund Site 

in Mineral County, Colorado. The 

settlement provides that settling Parties 

will transfer certain mining claims to 

purchaser, which will in turn support 

purchaser’s efforts to preserve the 

important historical structures on these 

mining claims. The Parties acknowledge 

that this settlement is structured to 

support purchaser’s efforts to stabilize 

and preserve the historical structures. In 

exchange, this settlement resolves the 

settling Parties’ alleged civil liability for 

the site. In exchange, this settlement 

also resolves purchaser’s potential 

CERCLA liability. 

DATES: Comments must be submitted on 

or before November 29, 2023. 

ADDRESSES: The proposed agreement 

and additional background information 

relating to the agreement will be 

available upon request and will be 

posted at https://www.epa.gov/ 

superfund/nelson-tunnel. Comments 

and requests for an electronic copy of 

the proposed agreement should be 

addressed to Natalie Timmons, 

Enforcement Specialist, Superfund and 

Emergency Management Division, 

Environmental Protection Agency— 

Region 8, Mail Code 8SEM–PAC, 1595 

Wynkoop Street, Denver, Colorado 

80202, telephone number: (303) 312– 

6385 or email address: 

timmons.natalie@epa.gov and should 

reference the Nelson Tunnel/ 

Commodore Waste Rock Superfund 

Site. 

You may also send comments, 

identified by Docket ID No. EPA–R08– 

SFUND–2023–0488 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: Erin 

Agee, Assistant Regional Counsel, Office 

of Regional Counsel, Environmental 

Protection Agency, Region 8, Mail Code 

8 ORC–LEC, 1595 Wynkoop, Denver, 

Colorado 80202, telephone number: 

(303) 312–6374, email address: 

agee.erin@epa.gov. 

SUPPLEMENTARY INFORMATION: For thirty 

(30) days following the date of 

publication of this document, the 

Agency will receive written comments 

relating to the agreement. The Agency 

will consider all comments received and 

may modify or withdraw its consent to 

the agreement if comments received 

disclose facts or considerations that 

indicate that the agreement is 

inappropriate, improper, or inadequate. 

Ben Bielenberg, 

Acting Division Director, Superfund and 

Emergency Management Division, Region 8. 

[FR Doc. 2023–23804 Filed 10–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2022–0194; FRL–11374–02– 

OCSPP] 

Pesticide Registration Review: 

Pesticide Dockets Opened for Review 

and Comment; Notice of Availability; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; correction. 

SUMMARY: EPA issued a notice in the 

Federal Register of October 18, 2023, 

announcing the availability of 

preliminary work plans (PWPs) for the 

following chemicals: Aureobasidium 

pullulans and cyflumetofen. EPA 

mistakenly included cyflumetofen in 

the list of chemicals with available 

PWPs. This document corrects that error 

by deleting cyflumetofen from the list. 

FOR FURTHER INFORMATION CONTACT: 

Susan Bartow, Pesticide Re-evaluation 

Division (7508M), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 566–2280; email address: 

bartow.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Does this action apply to me? 

This action is directed to the public 

in general and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. 

II. Correction 

In the Federal Register of October 18, 

2023, in FR Doc. 2023–22996, on pages 

71853 and 71854 (Table 1), EPA 

mistakenly included cyflumetofen in 

the list of registration review cases with 

PWPs that are available for public 

comment. EPA will make the 

cyflumetofen PWP available for public 

comment at a later date and will 

announce its release in a future Federal 

Register notice. 

Authority: 7 U.S.C. 136 et seq. 

Dated: October 24, 2023. 

Mary Elissa Reaves, 

Director, Pesticide Re-Evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2023–23920 Filed 10–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 181592] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: The Federal Communications 

Commission (FCC or Commission or 

Agency) has modified an existing 

system of records, FCC/OMD–17, 

Freedom of Information Act (FOIA) and 

Privacy Act Requests, subject to the 

Privacy Act of 1974, as amended. This 

action is necessary to meet the 

requirements of the Privacy Act to 

publish in the Federal Register notice of 

the existence and character of records 

maintained by the agency. The FCC’s 

Office of the Managing Director (OMD) 

will use the FCC FOIA Case 

Management Solution, an online portal, 

to accept, manage, and track Freedom of 

Information Act (FOIA) requests and 

appeals, and manage and track Privacy 

Act requests and appeals through their 


khammond on DSKJM1Z7X2PROD with NOTICES