[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Page 6234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3291]


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DEPARTMENT OF ENERGY
[Docket No. ER97-1412-000]


Niobrara Valley Electric Membership Corporation; Notice of Filing

February 5, 1997.
    Take notice that on January 28, 1997, Niobrara Valley Electric 
Membership Corporation (Niobrara) tendered for filing as a rate 
schedule an executed Agreement with Nebraska Public Power District 
(NPPD) entitled ``Agreement for Joint Planning and Ownership of 
Subtransmission Facilities'' dated January 22, 1979, as amended. 
Niobrara explains that the filing is made pursuant to Ordering 
Paragraph (F) of the Commission's Order of October 30, 1996 in Central 
Electric Cooperative, Inc. et al., Docket Nos. OA96-41-000 et al.
    The filing states that the Agreement with NPPD is the sole document 
in Niobrara's possession or control that establishes a basis for the 
use of its subtransmission facilities. Niobrara states that it has, 
through agreements with NPPD, turned over responsibility for 
operational control of its facilities to NPPD, the control area 
operator. Any charges for the use of Niobrara's facilities are said to 
be developed by NPPD and are part of the overall rates that NPPD 
charges for its sale and transmission facilities.
    Niobrara's filing indicates that, under the Agreement, each party 
pays for service on its facilities on the basis of a formula which 
compares each party's proportion of the total investment to its 
proportion of the noncoincidental peak load. As of the date of the 
filing, according to Niobrara, it is deemed the deficient party and 
makes a monthly payment to NPPD. Niobrara states that it receives no 
revenues for use of the facilities, directly or indirectly.
    Niobrara's filing also notes that it has filed a motion for 
reconsideration of the Commission's Order determining that it is 
performing jurisdictional transmission service.
    Niobrara seeks a waiver of the requirement for filing supporting 
data, required to accompany a rate schedule filing, citing its small 
size and small administrative staff. Noting that the Agreement has been 
in force for 18 years and is the basis for continued service to its 
retail customers, Niobrara has also sought a waiver of the notice 
requirements in the Commission's Regulations and an immediate effective 
date for the Agreement.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before February 14, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-3291 Filed 2-10-97; 8:45 am]
BILLING CODE 6717-01-M