8710 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

In the Final rule, Western stated that

application of the PMI including length

of resource extension and the amount of

resources extended would be

determined through a project specific

process later.

Under the PMI, existing firm power

sales commitments were to be extended

for 20 years beyond the existing

termination date. A commitment of not

less than 96 percent of the hydroelectric

power resource determined to be

available to the customers was to be

extended, and a power resource pool of

up to 4 percent of the power from these

customers would be created.

The resource pool would be used for

allocations to new customers and

contingencies. The rule stated that a

more precise decision on how resource

pools would be used would be made by

Western later. Western’s rule further

stated that the percentage of existing

commitments extended for the other

projects would be determined later. It

also stated that the application of the

PMI for the ‘‘Salt Lake City Area

Integrated Projects Marketing Plan

would be determined following

completion of the separate National

Environmental Policy Act of 1969

(NEPA) process currently under way.’’

That NEPA process is the SLCA/IP

Electric Power Marketing EIS. The final

EIS was published in January 1996, and

the ROD was published in October

1996.

Western proposes to apply the PMI,

(10 C.F.R. 905.31 through 905.37), to the

SLCA/IP. This includes, among other

things, a proposal to extend 96 percent

of the SLCA/IP contractors’ entitlement

of long-term, firm Federal resources as

of September 30, 2004, for an additional

20 years. Western proposes that an

initial resource pool of up to 4 percent

of available Federal resources be created

for new customers to encourage

customer development of new

technologies for conservation or

renewable resources and for

contingencies. Western’s analysis shows

that a resource pool of 4 percent of

available resources should be adequate

to provide potential new customers with

a fair share entitlement of Federal

resources. Fair share amounts of

capacity and energy will be offered to

new customers meeting the

requirements established in the Post-89

Marketing Criteria and to qualifying

Indian tribes within the SLCA/IP

marketing area. Indian tribes need not

have utility status to qualify for an

allocation. In addition to the adjustment

in long-term firm resources in 2004,

resource commitments may be reduced

on October 1, 2009, and October 1,

2014, upon 2 years written notification.

These resource adjustments would

provide an additional amount of power

for the same purposes as the 2004

adjustment.

Adjustments may also be made in

resource allocations at any time to

reflect changes in dam operations and/

or water conditions upon 5 years

notification.

Western is seeking comments on the

appropriateness of the length of

extension offered and on what

percentage of the SLCA/IP resource

should be extended to the SLCA/IP

long-term, firm power customers. In

addition Western requests comments on

the uses that should be made of the

electrical power resource pool that will

be created. Following the public

comment period, Western will analyze

the comments received and publish its

policy regarding extension of resource

commitments in the Federal Register.

NEPA COMPLIANCE: Western will comply

with NEPA through preparation of

appropriate NEPA documentation of the

impacts of the proposal.

DETERMINATION UNDER EXECUTIVE ORDER

12866: DOE has determined that this is

not a significant regulatory action

because it does not meet the criteria of

Executive Order 12866, 58 FR 51735.

Western has an exemption from

centralized regulatory review under

Executive Order 12866; accordingly, no

clearance of this notice by the Office of

Management and Budget (OMB) is

required.

Issued in Washington, DC on February 19,

1997.

Joel K. Bladow,

Assistant Administrator.

[FR Doc. 97–4693 Filed 2–25–97; 8:45 am]

BILLING CODE 6450–01–P

Proposed 2004 Power Marketing Plan

AGENCY: Western Area Power

Administration, DOE.

ACTION: Notice of proposed plan.

SUMMARY: The Western Area Power

Administration’s (Western) Sierra

Nevada Customer Service Region (Sierra

Nevada Region) has developed a

Proposed 2004 Power Marketing Plan

(Proposed Plan). The Proposed Plan

provides for marketing power from

Central Valley Project (CVP) and

Washoe Project powerplants after the

year 2004. Western currently markets

about 1,580 megawatts (MW) of CVP

power under long-term contracts to 80

preference customers in northern and

central California. Western also markets

3.65 MW of Washoe Project power. On

December 31, 2004, all of Western’s

long-term CVP power sales contracts

will expire, along with Contract 14–06–

200–2948A (Contract 2948A) with the

Pacific Gas and Electric Company

(PG&E) for the sale, interchange and

transmission of electric capacity and

energy. Western has developed the

Proposed Plan to define the products

and services to be offered, and the

eligibility and allocation criteria that

will lead to allocations of CVP and

Washoe Project power beyond the year

2004. This Federal Register notice

initiates the Administrative Procedure

Act process that gives the public an

opportunity to participate in

administrative rulemaking for marketing

of this power by Western after the year

2004, and requests public comment.

DATES: On April 8, 1997, beginning at 10

a.m., Western will hold a public

information forum on the Proposed

Plan. At the information forum, Western

representatives will present the

Proposed Plan and respond to questions

from the public. On April 24, 1997,

beginning at 1 p.m., Western will hold

a public comment forum to receive oral

and written comments on the Proposed

Plan. Each forum will be held at the

Sierra Nevada Regional Office, 114

Parkshore Drive, Folsom, California.

Oral or written comments may be

presented at the public comment forum.

A transcript of oral comments made at

this forum will be available from the

court reporter. Written comments on the

Proposed Plan will be accepted from the

date of publication of this Federal

Register notice through May 27, 1997.

ADDRESSES: Written comments may be

hand-delivered, mailed, or faxed to the

address provided below. Comments

must be received by 5 p.m. PDT or

postmarked on May 27, 1997 to assure

consideration. Inquiries and written

comments regarding the Proposed Plan

should be directed to: James C. Feider,

Regional Manager, Western Area Power

Administration, Sierra Nevada Region,

114 Parkshore Drive, Folsom, CA

95630–4710, (916) 353–4418, (916) 985–

1931 FAX.

All documentation developed or

retained by Western for the purpose of

developing the Proposed Plan will be

available for inspection and copying at

the address below.

FOR FURTHER INFORMATION CONTACT: Zola

M. Jackson, Power Marketing Manager,

Western Area Power Administration,

Sierra Nevada Region, 114 Parkshore

Drive, Folsom, CA 95630–4710, (916)

353–4421.

After all public comments have been

considered, Western will publish a

Final 2004 Power Marketing Plan (Final

Plan) in the Federal Register.
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8711

SUPPLEMENTARY INFORMATION:

Authorities

The Sierra Nevada Region developed

this Proposed Plan in accordance with

its power marketing authorities in the

Federal Reclamation laws, the Act of

June 17, 1902 (32 Stat. 388), the Act of

August 4, 1939 (53 Stat. 1187); the Act

of April 8, 1935 (49 Stat. 115), the Act

of June 22, 1936 (49 Stat. 1622), the Act

of August 26, 1937 (50 Stat. 844), the

Act of October 17, 1940 (54 Stat. 1198),

the Act of December 22, 1944 (58 Stat.

887), Act of October 14, 1949 (63 Stat.

852), the Act of September 26, 1950 (64

Stat. 1036), the Act of August 12, 1955

(69 Stat. 719), the Act of August 1, 1956

(70 Stat. 775), the Act of June 3, 1960

(74 Stat. 156), the Act of October 23,

1962 (76 Stat. 1173), the Act of

September 2, 1965 (79 Stat. 615), the

Act of August 4, 1977 (91 Stat. 565), and

the Act of July 16, 1984, including all

acts amendatory and/or supplementary

to the above listed.

Development of the Proposed Plan

Western is developing the Proposed

Plan to define: (1) the products and

services to be offered, and (2) the

criteria for allocating power resources to

be marketed under contracts that will

replace those expiring on December 31,

2004.

Development of the Proposed Plan

was initiated with a series of three

informal public information meetings

held on November 17, 1995, March 7,

1996, and May 13, 1996. These meetings

began informal discussions to identify

pertinent issues and possible marketing

options, including products and

services and eligibility and allocation

criteria, to be included in the Proposed

Plan. During the informal process,

Western evaluated several options for

marketing power after termination of

existing contracts. Western’s proposal

provides each customer a right to

customize its power allocation from

Western. This will provide a customer

the flexibility to optimize the use of

Western power.

Western is also proposing to offer a

resource extension to existing customers

and to offer a portion of the resource to

new customers. Western believes its

Proposed Plan provides a balance

between existing and new customers,

while meeting its contractual

obligations that continue beyond 2004.

As explained in the DATES section of

this notice, Western will hold public

information and comment forums on the

Proposed Plan. After consideration of all

public comments, Western will publish

notice of the Final Plan in the Federal

Register. With that notice, Western will

also announce its decisions regarding

power resource extensions to existing

customers and call for applications for

new allocations. The deadline for

receipt of applications will be set forth

in the call for applications. Western will

then consider the applications,

determine which applications meet the

requirements of the Final Plan, and

exercise its discretion provided by law

in allocating the power to eligible

applicants. Proposed and final

allocations will subsequently be

published in the Federal Register.

To implement the Proposed Plan, the

level of power resources to be marketed

must be determined. Determining levels

of power resources to be marketed and

subsequently entering into contracts for

the delivery of related products and

services could be a major Federal action

with potentially significant impacts on

the human environment. Therefore, an

Environmental Impact Statement (EIS)

process was initiated on the 2004 Power

Marketing Program with a Federal

Register notice published at 58 FR

42536 and 43105, on August 10 and 13,

1993, respectively, in compliance with

the National Environmental Policy Act

of 1969 (NEPA) (42 U.S.C. 4321, et seq.),

as amended, and associated

implementing regulations. Following

several public meetings, a draft EIS was

prepared. The draft EIS described the

environmental consequences of a range

of reasonable marketing plan

alternatives and identified no significant

impacts. A Federal Register notice was

published on May 24, 1996 (61 FR

26174) announcing that the draft EIS

was available for public review and

comment. Also, Western held a public

hearing on June 13, 1996 to receive

formal comments on the draft EIS, with

a July 31, 1996 deadline for receipt of

written comments. A final EIS is

expected to be completed by March

1997, and a Record of Decision is

tentatively scheduled to be published in

April 1997. The Final Plan will

incorporate decisions made as a result

of the findings of the final EIS.

The schedule for the Proposed Plan

was developed to recognize Western’s

responsibility to its customers to

provide: (1) necessary planning time

(approximately 5 years after final

contract commitments) for customers to

acquire new power resources should

their allocation of CVP power change;

(2) sufficient time for Western’s Sierra

Nevada Region or its customers to

negotiate contracts for control area

services, third-party transmission, and

supplemental power supplies; and (3)

time to meet with each customer to

design a product/service package prior

to the customer making a final

commitment.

The Proposed Plan also incorporates

the intent of the Final Rule for the

Energy Planning and Management

Program (EPAMP) (10 CFR part 905),

published by Western on October 20,

1995 at 60 FR 54151. The EPAMP Final

Rule became effective on November 20,

1995. EPAMP implements Section 114

of the Energy Policy Act of 1992, and

requires Western’s customers to prepare

Integrated Resource Plans (IRP). The

Power Marketing Initiative (PMI) of

EPAMP provides a framework for

extending a major portion of the power

available at the time current contracts

expire to existing customers, and for

establishing project-specific resource

pools. During the public process for

EPAMP, it was determined that

application of the PMI to the CVP would

be evaluated during the 2004 Power

Marketing Plan public process.

Background

The CVP is a large water and power

system, initially authorized by Congress

in 1935, which covers approximately

one-third of the State of California.

Legislatively defined purposes set the

priorities for the CVP as: (1) river

regulation; (2) improvement of

navigation; (3) flood control; (4)

irrigation; (5) domestic uses; and (6)

power. In addition, the CVP

Improvement Act of 1992 added fish

and wildlife habitat as a priority to the

list of CVP purposes.

The CVP power facilities include 11

powerplants with a maximum operating

capability of about 2,044 MW, and an

estimated average annual generation of

4.6 million megawatthours (MWh). The

U.S. Department of the Interior, Bureau

of Reclamation (Reclamation) operates

the water control and delivery system

and all of the powerplants with the

exception of the San Luis Unit, which

is operated by the State of California for

Reclamation. Western markets and

transmits the power available from the

CVP.

Western owns the 94 circuit-mile

Malin-Round Mountain 500-kilovolt

(kV) transmission line (an integral

section of the Pacific Northwest-Pacific

Southwest Intertie (Pacific Intertie)), 803

circuit miles of 230-kV transmission

line, 7 circuit miles of 115-kV

transmission line and 44 miles of 69-kV

and below transmission line. Western

also has part ownership in the 342-mile

California-Oregon Transmission Project

(COTP). Some of Western’s existing

customers have no direct access to

Western’s transmission lines and

receive service over transmission lines

owned by other utilities.
8712 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

Western has historically combined

output from CVP hydroelectric facilities

with supplemental power from a

number of other power resources. This

has enabled Western to enhance the

CVP power resources and to market an

amount of firm power to its customers

that would not be available solely from

CVP facilities in all years. A portion of

this supplemental power has been

transmitted over the COTP and Pacific

Intertie.

The Washoe Project was authorized

by Congress in 1956 and is a separate

project from the CVP. The Washoe

Project, located in west-central Nevada

and east-central California, was

designed to regulate runoff from the

Truckee and Carson rivers and to

enhance irrigation; water drainage;

municipal, industrial, and fisheries

uses; and provide flood protection; fish

and wildlife habitat; and recreation. The

Washoe Project includes Prosser Creek

Dam and reservoir; Stampede Dam,

reservoir, and powerplant; Marble Creek

Dam; and Pyramid Lake Fishway. The

Stampede Powerplant, located in Sierra

County, California, was completed in

1987, and has a maximum operating

capability of 3.65 MW with an estimated

annual generation of 10,000 MWh.

Sierra Pacific Power Company (SPPC)

owns and operates the only

transmission system available for

distribution of power generated at the

Stampede Powerplant.

History of Central Valley Project Power

Allocations

Power was first generated in the CVP

at the Shasta Powerplant in 1944.

Formal allocations of 450 MW of CVP

power were first made in 1952. In 1964,

with the addition of the Trinity River

Division facilities, allocations to

preference customers were increased to

925 MW. In 1967, under terms of

Contract 2948A, power imports over the

Pacific Intertie (Northwest imports)

were incorporated along with provisions

for load level increases up to 985 MW

in 1975 and up to 1,050 MW in 1980.

Later in 1980, the load level was

increased by 102 MW to 1,152 MW.

This increase in allocations was

accomplished under the 1981 Power

Marketing Plan (47 FR 4139) dated

January 28, 1982. New customers

received 26 MW of nonwithdrawable

power and 42 MW of withdrawable

power for a total of 68 MW, with 4 MW

of withdrawable power left unallocated.

Also, diversity power allocations of 30

MW were made to those customers who

could shed load during Sierra Nevada

Region’s system simultaneous peak.

During the same time period, SMUD

challenged Western’s right to meld the

costs of Northwest imports into CVP

power rates charged to SMUD. In a 1983

settlement, it was agreed that SMUD

would pay the melded CVP power rates;

SMUD’s electric service contract, due to

expire in 1994, would be extended to

2004; and SMUD would have the right

to purchase 100 MW of peaking capacity

through 2004. Further, SMUD would

have the right to purchase a portion of

the power to be marketed from 2005 to

2014.

Under the 1994 Power Marketing Plan

(57 FR 45782 and 58 FR 34579) dated

October 5, 1992 and June 28, 1993,

respectively, existing customers with

contracts expiring in 1994 were

allocated 501 MW, and approximately 8

MW was allocated to new customers.

In addition to the power marketed in

the 1994 Power Marketing Plan, total

power under existing contracts includes

approximately 910 MW of long-term

firm power, 100 MW of peaking

capacity, and 60 MW of withdrawable

power, for a total of about 1,580 MW.

See Appendix A of this notice for

Existing Customers’ CRD Amounts.

On November 30, 1993, the National

Defense Authorization Act (NDA Act)

was signed into law. This act provides

that, for a 10-year period, the CVP

electric power allocations to military

installations in the State of California

which have been closed or approved for

closure shall be reserved for sale

through long-term contracts to

preference entities which agree to use

such power to promote economic

development at the military

installations closed or approved for

closure. On December 1, 1994, Western

published the final NDA Act procedures

developed to fulfill the requirements of

section 2929 of the NDA Act (59 FR

61604). To date, about 42 MW of longterm firm power and about 9 MW of

withdrawable power under contract to

military installations being closed has

been converted to NDA Act power.

History of Washoe Project (Stampede

Powerplant) Allocations

Pursuant to Final Allocation of

Stampede Powerplant Power (50 FR

43456) dated October 25, 1985, Western

allocated all the energy generated at

Stampede Powerplant in excess of that

needed to serve project use (Lahontan

Fish Hatchery and Marble Bluff Fish

Facility) to Truckee-Donner Public

Utility District. Because Truckee-Donner

was unable to obtain transmission

service, it was unable to enter into a

contract with Western to receive

Stampede energy. In 1988, Western

rescinded the allocation of Stampede

energy to Truckee-Donner and marketed

Stampede energy to SPPC under shortterm agreements.

In 1990, Western began conducting a

bidding process for the sale of Stampede

energy, giving priority to preference

entities. Since no preference entity met

the bidding criteria, SPPC continued to

purchase Stampede energy under shortterm agreements.

In April 1994, Western executed

agreements with SPPC and the Fish and

Wildlife Service (F&WS) which

established a mechanism to provide

project use service to the F&WS

facilities. These agreements also provide

Western the option to market and

transmit all energy, in excess of that

which is required to provide project use

service, outside of SPPC’s control area.

Regulatory Procedure Requirements

Regulatory Flexibility Analysis

Pursuant to the Regulatory Flexibility

Act of 1980 (5 U.S.C. 601, et seq.), each

agency, when required to publish a

proposed rule, is further required to

prepare and make available for public

comment an initial regulatory flexibility

analysis to describe the impact of the

proposed rule on small entities. Western

has determined that (1) this rulemaking

relates to services offered by Western

and therefore is not a rule within the

purview of the Act, and (2) an allocation

of power from Western would not cause

an adverse economic impact to such

entities. The requirements of this Act

can be waived if the head of the agency

certifies that the rule will not, if

promulgated, have a significant

economic impact on a substantial

number of small entities. By his

execution of this Federal Register

notice, Western’s Administrator certifies

that no significant economic impact on

a substantial number of small entities

will occur.

Environmental Compliance

In compliance with NEPA (42 U.S.C.

4321, et seq.), Council on

Environmental Quality NEPA

implementing regulations (40 CFR parts

1500–1508), and DOE NEPA

implementing regulations (10 CFR part

1021), Western completed an

environmental impact statement on

EPAMP. The Record of Decision was

published in the Federal Register on

October 12, 1995 (60 FR 53181).

Additionally, as described in the

Supplementary Information Section of

this notice, Western and the

Environmental Protection Agency

announced the availability of Western’s

draft EIS on the 2004 Power Marketing

Program in Federal Register notices

published on May 24, 1996 (61 FR
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8713

26174 and 26178, respectively). The

draft EIS described the environmental

consequences of a range of reasonable

marketing plan alternatives and

identified no significant impacts. The

Proposed Plan falls within the range of

alternatives considered. This NEPA

review will assure all environmental

effects related to Western’s Proposed

Plan have been identified and analyzed.

CVP and Washoe electrical capacity

and energy to be marketed is influenced

by available reservoir storage and water

releases controlled by Reclamation

within the CVP in California. Pursuant

to Title 34 of Public Law 102–575, the

CVP Improvement Act of 1992,

Reclamation is preparing a

Programmatic Environmental Impact

Statement (PEIS) addressing

improvements to fish and wildlife

habitat stipulated in Public Law 102–

575, and potential changes in CVP

operations and water allocations to meet

those obligations. The draft PEIS may

result in modifications to CVP facilities

and operations that would affect the

timing and quantity of electric power

generated by the CVP. Such changes

may, in turn, affect electric power

products and services to be marketed by

Western. This Proposed Plan is

designed to accommodate these

changes. Western is a cooperating

agency in Reclamation’s PEIS.

Review Under the Paperwork Reduction

Act

In accordance with the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501–

3520, Western has received approval

from the Office of Management and

Budget (OMB) for the collection of

customer information in this rule, under

control number 1910–1200.

Determination Under Executive Order

12866

DOE has determined that the

Proposed Plan is not a significant

regulatory action because it does not

meet the criteria of Executive Order

12866 (58 FR 51735). Western has an

exemption from centralized regulatory

review under Executive Order 12866;

accordingly, no clearance of this notice

by OMB is required.

Proposed 2004 Power Marketing Plan

This Proposed Plan addresses: (1) the

power to be marketed after 2004; (2) the

terms and conditions under which the

power will be marketed; and (3) the

criteria to determine who will receive

an allocation.

Within broad statutory guidelines and

operational constraints of the CVP,

Western has wide discretion as to whom

and on what terms it will contract for

the sale of Federal power as long as

preference is accorded to statutorily

defined public bodies. Power must be

sold in such a manner as will encourage

the most widespread use at the lowest

possible rates consistent with sound

business principles.

I. Acronyms and Definitions

As used herein, the following

acronyms and terms, whether singular

or plural, shall have the following

meanings:

Administrator: The Administrator of

Western Area Power Administration.

Allocation: An offer to an entity to

purchase power from Western.

Allocation Criteria: Conditions

applied to all applicants seeking an

allocation.

Allottee: A preference entity receiving

an allocation or power resource

extension.

Ancillary Services: Those services

necessary to support the transfer of

electricity while maintaining reliable

operation of the transmission provider’s

transmission system in accordance with

good utility practice. Ancillary services

are generally described in Federal

Energy Regulatory Commission Order

No. 888, Docket Nos. RM95–8–000 and

RM94–7–001, issued April 24, 1996.

Base Resource: CVP and Washoe

Project power output and existing

power purchase contracts extending

beyond 2004 determined by Western to

be available for marketing, exclusive of

project use and First Preference

entitlements.

Capacity: The electrical capability of

a generator, transformer, transmission

circuit or other equipment.

Central Valley Project (CVP): A

multipurpose Federal water

development project extending from the

Cascade Range in northern California to

the plains along the Kern River south of

the City of Bakersfield.

Contract Principles: Provisions made

part of the electric service contracts

which include the General Power

Contract Provisions.

Contract Rate of Delivery (CRD): The

maximum amount of capacity made

available to a preference customer for a

period specified under a contract.

Curtailable Power: Power which may

be curtailed on a real-time scheduling

basis at Western’s sole discretion under

certain conditions.

Custom Product: A combination of

products and services, excluding

provisions for load growth, made

available by Western per customer

request, utilizing the customer’s Base

Resource and supplemental purchases

made by Western at customer expense.

Customer: An entity with a contract

and receiving electric service from

Western’s Sierra Nevada Region.

Diversity Power: Power made

available because of the diversity of

customers’ peak demands at the time of

Sierra Nevada Region’s peak demand.

Eligibility Criteria: Conditions that

must be met to qualify for an allocation.

Energy: Measured in terms of the

work it is capable of doing over a period

of time; electric energy is usually

measured in megawatthours.

Energy Planning and Management

Program (EPAMP): Western-wide

program developed to encourage

customer energy planning (60 FR 54151,

dated October 20, 1995).

Existing Customer: A preference

customer with a contract to purchase

firm power, offered under a previous

allocation process or marketing plan,

that extends through December 31,

2004.

Extension CRD: Existing customer’s

CRD exclusive of Diversity and

Curtailable Power, peaking/excess

capacity, and NDA Act Power not used

for military loads.

Final Plan: Western’s Final 2004

Power Marketing Plan.

Firm: A type of product and/or service

that is available to a customer at the

times it is required.

First Preference Customer/Entity: A

preference customer and/or a preference

entity (an entity qualified to use, but not

using preference power) within a county

of origin (Trinity, Calaveras and

Tuolumne) as specified under the

Trinity River Division Act (69 Stat. 719)

and the New Melones Act of the Flood

Control Act of 1962 (76 Stat. 1180).

General Power Contract Provisions

(GPCP): Standard terms and conditions

which are included in electric service

contracts.

Integrated Resource Plan (IRP): A

process and framework within which

the costs and benefits of both demand

and supply-side resources are evaluated

to develop the least total cost mix of

utility resource options.

Kilowatt (kW): The electrical unit of

capacity that equals one thousand watts.

Load Factor: The ratio of the average

load in kW supplied during a

designated period to the peak or

maximum load in kW occurring in that

period.

Long-Term: A designation for a

contractual period of time greater than

5 years.

Marketing Area: The area which

generally encompasses northern and

central California extending from the

Cascade Range to the Tehachapi

Mountains and west-central Nevada.

Megawatt (MW): The unit by which

the rate of production of electricity is
8714 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

often measured; one megawatt equals

one million watts.

NDA Act: Section 2929 of the

National Defense Authorization Act,

Public Law 103–160, 107 Stat. 1547,

1935 (1993), which provides that, for a

10-year period, the CVP electric power

allocations to military installations in

the State of California which have been

closed or approved for closure shall be

reserved for sale through long-term

contracts to preference entities which

agree to use such power to promote

economic development at the military

installations closed or approved for

closure.

NDA Act Power: Power allocated in

accordance with the NDA Act

Procedures (59 FR 61604, dated

December 1, 1994), which provide for

NDA Act power allocations.

Peaking: The operation of electric

powerplants for brief periods when

demand for electricity is greatest.

Power: Capacity and energy.

Power Marketing Initiative (PMI): A

component of Western’s EPAMP

providing criteria regarding certain

Western power marketing programs.

Preference: The requirements of

Reclamation law which provide that

preference in the sale of Federal power

shall be given to municipalities and

other public corporations or agencies

and also to cooperatives and other

nonprofit organizations financed in

whole or in part by loans made pursuant

to the Rural Electrification Act of 1936

(Reclamation Project Act of 1939,

section 9(c), 43 U.S.C. 485h(c)).

Project Use: Power as defined by

Reclamation law and/or used to operate

CVP and Washoe Project facilities.

Proposed Plan: Western’s Proposed

2004 Power Marketing Plan.

Reclamation law: Refers to a series of

Federal laws with a lineage dating back

to the turn of the century. Viewed as a

whole, these laws create the framework

under which Western markets power.

Sierra Nevada Region: The Sierra

Nevada Customer Service Region of

Western Area Power Administration.

Unbundled: Electric service that is

separated into its components and

offered for sale with separate rates for

each component.

Washoe Project: A Federal water

project located in the Lahontan Basin in

west-central Nevada and east-central

California.

Western: Western Area Power

Administration, United States

Department of Energy, a Federal power

marketing administration responsible

for marketing the surplus generation

from Federal hydroelectric

multipurpose projects pursuant to

Reclamation law and the DOE

Organization Act (91 Stat. 565, 42 U.S.C.

7101, et seq.).

Withdrawable: Power that may be

withdrawn under certain conditions.

II. Marketable Power Resource

The primary purpose of the CVP and

Washoe Project is water control and

delivery. The water control system

consists of storage reservoirs that

provide daily, seasonal, and annual flow

regulation, and smaller regulating

reservoirs for diverting water and

smoothing upstream dam and

powerplant releases. Power generated

from these resources depends on

hydrology and water operation

requirements. Some of the power

generated is used for project use to

operate pumping and fishery facilities.

Currently, project use power is metered

at 181 locations in northern and central

California and Nevada.

Expected CVP generation (energy and

capacity) for 2005 and beyond will vary

annually, monthly, and daily, based on

hydrology and other constraints that

govern CVP operations. CVP generation

is available at generator bus and must be

adjusted for project use, maintenance,

reserves, transformation losses, and

certain ancillary services before a Base

Resource is available for marketing.

Transmission losses will be pursuant to

the terms of a transmission service

agreement. The power resources will

also be adjusted for First Preference

customers as described in this Proposed

Plan.

The following Table provides

estimates of CVP power resources and

adjustments before any power resources

are available to customers beyond 2004:

TABLE A.—ESTIMATED CVP POWER RESOURCES AND ADJUSTMENTS

Power resources/adjustment Range/value

Annual energy generation ........................................................................................................................ 2,400,000–8,600,000 MWh.

Monthly energy generation ....................................................................................................................... 100,000–1,100,000 MWh.

Monthly capacity ....................................................................................................................................... 1,100–1,900 MW.

Annual project use ................................................................................................................................... 670,000–1,670,000 MWh.

Monthly project use .................................................................................................................................. 10,000–180,000 MWh.

Monthly project use (on peak) ................................................................................................................. 30–230 MW.

Monthly maintenance ............................................................................................................................... 0–300 MW.

Reserves .................................................................................................................................................. 5% of monthly capacity.

CVP transmission and transformation losses from the generator bus to a 230-kV load bus ................. 1.8% (as of 1995).

All of the power resource adjustments

and variables mentioned above will

influence the amount of Base Resource

available to customers. During some

critically dry months, purchases may be

required to meet project use and only a

minimal amount of Base Resource will

be available during such months. The

useability of the Base Resource for

meeting customers’’ loads will be

directly related to a customer’s ability to

integrate this power resource into their

power resource mix.

Western proposes to include any

power available from existing power

purchase contracts with terms extending

beyond 2004 in the Base Resource.

Currently, Western has a contract with

Portland General Electric Company for

65 MW at a 40 percent minimum load

factor that has a final termination date

of October 15, 2015.

Western also proposes to market part

of the 3.65 MW available from the

Washoe Project with the CVP power

resource on an annual basis. Energy

from the Washoe Project, which is

estimated to be about 10,000 MWh

annually, is currently being provided to

F&WS Lahontan National Fish Hatchery

and Marble Bluff Fish Facility. These

F&WS facilities are project use loads of

the Washoe Project and have first call

on the power resources from the

Washoe Project. All costs associated

with providing F&WS project use

service are, by law, nonreimbursable,

and are not included in the Washoe

Project energy rates. Energy in excess of

the F&WS needs will be sold under the

Final Plan.

Western will continue to make every

effort to provide the Washoe Project

power resource to F&WS. F&WS is

currently using approximately 50
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8715

percent of Washoe Project generation,

and the same percentage of costs is

considered nonreimbursable. Western

expects that F&WS loads will increase,

reducing the amount of power resource

to be integrated with the CVP as well as

the cost to be repaid from power

revenues.

III. Products and Services

Western proposes to market its Base

Resource alone or in combination with

the option to purchase a Custom

Product. The Custom Product will be in

addition to the optional purchase

described in Section IV.A.2. All costs

incurred by Western in providing

additional services to customers will be

paid by those customers. The degree to

which Western continues to purchase

power will depend on customer

requirements and Federal authorities.

All products will be subject to

operational requirements and

constraints of the CVP, transmission

availability, and purchase limitations.

Each allottee will be allocated a

portion of the Base Resource. Following

execution of a contract pursuant to the

Final Plan, Western will work with each

individual allottee to determine the best

use of the Base Resource for that

allottee. All allottees will be required to

commit to the Base Resource no later

than December 31, 1999.

Upon request, Western will develop a

Custom Product for any allottee. A

Custom Product may include use of the

Base Resource as firm power, ancillary

services, reserves, etc., or may include

Western purchasing additional

resources, including firming energy, to

provide some of these services. Final

commitments to a Custom Product must

be made by December 31, 2001, for a

period of no less than five (5) years of

service. Thereafter, the Custom Product

will be offered for periods of one (1)

year or more.

Any unused power resource available

will be marketed under terms and

conditions and for periods of time

determined by Western. Products and

services from unused power resources

may be made available on a monthly,

weekly, daily, hourly, or nonfirm basis.

Western may offer unused First

Preference power, subject to withdrawal

on a pro-rata basis, upon six (6) months

written notice.

Western proposes to establish and to

manage an exchange program to allow

all customers to fully and efficiently use

their power allocation. Any power

allocated by Western to a customer that

cannot be used on a real-time basis due

to that customer’s load profile must first

be offered under this program to other

customers or Western. Western will not

be obligated to exchange or to purchase

any surplus power from the customers

on its own behalf. If the surplus power

is not exchanged with other customers

or purchased by Western under this

program, it may be offered to others,

giving priority to preference entities.

IV. Proposed Resource Extension and

Resource Pool Allocation

On December 31, 2004, Western’s

long-term CVP power sales contracts for

1,580,230 kilowatts (kW) will expire.

This Proposed Plan addresses the

eligibility for and allocation of CVP and

Washoe Project power after these

contracts expire. When allocating power

under the Final Plan, Western proposes

to apply the principles of the Power

Marketing Initiative (PMI) of the Energy

Planning and Management Program. In

accordance with the PMI, Western

proposes to set aside a portion of its

available power resource for new

allocations. Based on Western’s

evaluation of potential new loads,

Western proposes to initially provide 96

percent of its available power resource

to existing customers and to establish a

resource pool for new allocations with

the remaining 4 percent. An additional

incremental resource pool of up to 2

percent is proposed for 2014. When

calculating the 96 percent resource

extension for existing customers, only

CRD classified as Extension CRD will be

considered. Also, no extensions will be

greater than an existing customer’s load.

Extension CRD amounts are set forth in

Appendix A. Contractual extensions to

First Preference customers are subject to

specific legislation and are addressed in

Section VI.

A. Extension for Existing Customers

Western proposes that existing

customers will have a right to purchase

a percentage of the Base Resource based

on the ratio of each existing customer’s

Extension CRD to the total of all existing

customers’’ Extension CRD under the

terms of this Section. However, for the

period from 2005 through 2014, Western

is proposing that SMUD will have a

right to purchase 360/1,152 of the Base

Resource, as referenced in the

settlement agreement with SMUD,

Contract DE–MS65–83WP59070, dated

April 15, 1983. All other existing

customers will have a right to purchase

the remaining amount of the Base

Resource, after it is adjusted to

accommodate SMUD’s rights and the

resource pool. After 2014, SMUD’s right

to purchase the Base Resource will be

adjusted to reflect the ratio of SMUD’s

Extension CRD (currently 361 MW) to

the total of all existing customers’’

Extension CRD. SMUD’s rights will also

be adjusted by 4 percent and up to an

additional 2 percent to accommodate

the resource pool.

Due to the diversity among existing

customers’ loads, including SMUD,

existing customers’ total Extension CRD

exceeds the 1,152 MW referenced in the

SMUD settlement agreement. Western’s

proposal will result in SMUD receiving

a proportionately greater share of the

Base Resource than other existing

customers if the total Extension CRD

remains at a level greater than 1,152

MW. Therefore, Western is also

proposing that through 2014, all existing

customers, excluding SMUD, be given

the option to have Western purchase an

additional increment of power, on a

pass-through-cost basis, equal to the

amount of power unavailable to them as

a result of application of the 360/1,152

ratio. Existing customers must commit

to the optional purchase for an annual

or greater period.

After 2014, each existing customer,

including SMUD and those customers

that receive a new allocation under the

Final Plan, will have a right to purchase

a pro-rata amount of the Base Resource,

adjusted for the incremental resource

pool, based on their long-term purchase

right to the Base Resource.

Western proposes the following

extension formulas to determine

existing customers’ purchase right to the

Base Resource. Application of these

formulas will also determine each

existing customer’s right to the optional

purchase. Examples of the formulas are

provided in Appendix B. This

calculation may be further adjusted for

First Preference customers.

1. For the period 2005 through 2014,

existing customers purchase right to an

extension resource will be calculated as

follows:
8716 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

a BR

b.

A

B

ABR

. , SMUD' s purchase right

 Other existing customers purchase rights

= ×

= ×

360

1152

Where:

A = Lesser of individual existing

customer’s Extension CRD as of

December 31, 2001; or 104 percent

of their maximum demand during

CY 1997 through 2000. Western

reserves the right to adjust the value

of ‘‘A’’ when it is determined that

the maximum demand is not

reflective of an existing customer’s

load.

B = The sum of all values for ‘‘A’’.

BR = Base Resource available.

ABR = Adjusted Base Resource

= − × 



























BR × − , ( %).

360

1152

BR RP 100%

RP% = Resource pool percentage. 2. Existing customer’s (excluding

SMUD) right to the optional purchase

will be calculated as follows:

individual

A

B

 existing customer' s optional purchase = × TOP

Where: TOP = Total Optional Purchase

= −











 × × −

360

1152

361

100% , ( %).

C

BR RP

A = Lesser of individual existing

customer’s Extension CRD as of

December 31, 2001; or 104 percent

of their maximum demand during

CY 1997 through 2000. Western

reserves the right to adjust the value

of ‘‘A’’ when it is determined that

the maximum demand is not

reflective of an existing customer’s

load.

B = The sum of all values for ‘‘A’’.

BR = Base Resource available.

RP% = Resource pool percentage.

C = The sum of all existing customers’,

including SMUD, Extension CRD.

Western and SMUD have been

negotiating an agreement whereby

SMUD would waive its rights to the

360/1,152 ratio in return for additional

services through 2004. If such an

agreement is reached, these formulas

will be appropriately adjusted.

3. For the period 2015 through 2024,

the rights of all existing customers,

including SMUD and customers

receiving a new allocation from the

initial resource pool under the Final

Plan, will have a right to a resource

extension equal to their pro-rata share of

the Base Resource. To determine a

customer’s pro-rata share, each

customer’s percentage will first be

adjusted based on the change in

SMUD’s percentage described earlier in

this Section. All customers’ percentages,

including SMUD, will then be adjusted

to accommodate the incremental

resource pool as determined by

Western, up to 2 percent.

B. Resource Pool Allocations:

Western proposes to establish a

resource pool by reserving a portion of

the power available after 2004 for

allocation to eligible new and existing

customers. Western will apply the

following to determine resource pool

allocations.

1. Resource Pool Amount: The

resource pool will initially consist of up

to 4 percent of the power resources

available after 2004. This power will be

subject to the terms and conditions

specified in an electric service contract.

An incremental resource pool is also

proposed in the year 2014. The

proposed incremental resource pool will

consist of up to 2 percent of the power

resources available after 2014, plus a

portion of the resource that becomes

available from adjusting SMUD’s

percentage. That portion will be equal to

what SMUD would have been required

to contribute to the initial resource pool.

SMUD will also be subject to the 2

percent resource pool adjustment.

Allocations for the incremental resource

pool will be determined through a

separate public process at a later date.

Western will, at its discretion, allocate

a percentage of the initial resource pool

to individual applicants that meet the

eligibility criteria. This allocation

percentage will be multiplied by the

resource pool percentage to determine

the applicant’s percentage of the power

resource. Allocations from the resource

pool are separate from the resource

extension.

2. General Eligibility Criteria: The

following general eligibility criteria will

be applied to all applicants seeking an

allocation under the Final Plan.

a. Applicants must meet the

preference requirement under section

9(c) of the Reclamation Project Act of

1939 (43 U.S.C. 485h(c)), as amended

and supplemented.

b. Applicants must be located within

Sierra Nevada Region’s Marketing Area.

(Map of Marketing Area available upon

request.)
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8717

c. Applicants that require power for

their own use must be ready, willing,

and able to receive and use Federal

power.

d. Applicants that provide retail

electric service must meet the

requirements of Section IV.B.2.c above,

and must require the power for electric

service to their customers, not for resale

to others.

e. Applicants must submit an

application in response to the notice

calling for applications issued by

Western in the Federal Register in

conjunction with the Final Plan. That

notice will include the deadline for

receipt of those applications.

f. Native American applicants must be

a Native American tribe as defined in

the Indian Self Determination Act of

1975 (25 U.S.C. 450b, as amended).

g. Applicants must have a load of 1

MW or greater. Western will normally

not allocate amounts less than 1 MW;

however, smaller allocations may be

considered, provided Western can

aggregate the applicant’s load with other

loads to schedule and deliver an

aggregated 1 MW.

3. General Allocation Criteria: The

following general allocation criteria will

be applied to all applicants seeking an

allocation under the Final Plan.

a. Allocations will be made in

amounts as determined solely by

Western in exercise of its discretion

under Reclamation law.

b. Allocations under the Final Plan

will be available to new qualified

applicants and to existing customers

whose Extension CRD set forth in

Appendix A is not more than 15 percent

of their peak load in CY 1996 and not

more than 10 MW.

c. The maximum amount of capacity

used to determine a resource pool

allocation will be the applicant’s peak

demand during CY 1996 or the amount

requested, whichever is less, rounded

up to the nearest 100 kW.

d. An allottee will have the right to

buy power from Western only upon the

execution of an electric service contract

between Western and the allottee, and

satisfaction of all conditions in that

contract.

e. A customer receiving power from

the initial resource pool will be subject

to the incremental resource pool

adjustment in 2014.

V. General Criteria and Contract

Principles

Western proposes to apply the

following criteria and contract

principles to all new and/or existing

customers’ contracts, except that certain

criteria may not apply to First

Preference customers’ contracts, under

the Final Plan:

A. Electric service contracts shall be

executed within six (6) months of a

contract offer, unless otherwise agreed

to in writing by Western.

B. Percentages shall be subject to

adjustment in the future as provided for

in the Final Plan and the electric service

contract.

C. All power supplied by Western

will be delivered pursuant to a

scheduling arrangement.

D. All power will be provided on a

take-or-pay basis. A commitment must

be made to take-or-pay for the service as

of the date set forth in the contract. All

costs associated with the products and

services provided, including ancillary

services and optional purchases, will be

passed on to the customer(s) using the

product or service.

E. Western will offer a contract

amendment to existing customers and a

new contract to new allottees to

implement the Final Plan. Contract

amendments and contracts shall require

commitments to the Base Resource by

the customer on or before December 31,

1999, and the optional purchase, as well

as the Custom Product, on or before

December 31, 2001. This will allow for

power resources and products to be

developed prior to final commitment by

the customer.

F. Withdrawable power marketed

under the Final Plan will be subject to

withdrawal on a pro-rata basis upon six

(6) months written notice, as

determined by Western.

G. Upon request, Western shall assist

each allottee and existing customer in

obtaining third-party transmission

arrangements for delivery of power

allocated under the Final Plan;

nonetheless, each entity is ultimately

responsible for obtaining its own

delivery arrangements beyond the CVP

transmission system.

H. Contracts entered into under the

Final Plan shall provide for Western to

furnish electric service effective January

1, 2005 through December 31, 2024.

I. Specific products and services may

be provided for periods of time as

agreed to in the electric service contract.

J. Contracts entered into as a result of

the Final Plan shall incorporate

Western’s standard provisions for power

sales contracts, IRP, and GPCP.

K. Contracts will include a clause that

allows Western to reduce or rescind a

customer’s power from Western upon

six (6) months notice if Western

determines that the customer is not

using this power to serve its own loads,

except as otherwise specified in Section

III.

L. Any power not under contract may

be allocated by the Administrator at any

time, at the Administrator’s sole

discretion, or sold as deemed

appropriate by Western.

M. Contracts will include a clause

providing for Western to adjust the

customers’ percentage of the resource

for the incremental resource pool.

VI. First Preference Entitlement and

Allocation

The Trinity River Division Act (69

Stat. 719) and the New Melones Act of

the Flood Control Act of 1962 (76 Stat.

1180) specified that contracts for the

sale and delivery of the additional

electric energy available from the CVP

power system as a result of the

construction of the plants authorized by

these acts and their integration into the

CVP system shall be made in

accordance with preferences expressed

in Federal Reclamation laws. These acts

also provided that a first preference of

25 percent of the additional energy shall

be given, under Reclamation law, to

preference customers in the counties of

origin (Trinity and Tuolumne and

Calaveras) for use in those counties who

are ready, able and willing to enter into

contracts for the energy.

In order to meet the requirements of

these acts, Western published the Final

Withdrawal Procedures at 51 FR 7702

on March 5, 1986. The Final Plan will

supersede the Final Withdrawal

Procedures.

Western proposes to calculate and

allocate the Maximum Entitlements of

First Preference Customers (MEFPC),

which is the maximum amount of

energy available to First Preference

customers/entities, in accordance with

the following:

A. The MEFPC will be calculated

separately for the New Melones Project,

Calaveras and Tuolumne counties, and

the Trinity River Division, Trinity

County, (First Preference Projects), to

determine the 25 percent of the

additional energy made available to the

CVP as a result of the construction of

each of these projects. Since the acts do

not specify the basis for calculating the

25 percent of additional energy, Western

proposes that a previous 20-year average

historical generation or actual years of

data available, whichever time period is

less, be used to determine the MEFPC.

Based on the most current information

available, this calculation would result

in an estimated MEFPC of 95,766 MWh

available to the CVP as a result of

construction of the New Melones Project

and an estimated MEFPC of 288,285

MWh available to the CVP as a result of

construction of the Trinity River

Division. The MEFPC will be
8718 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

recalculated every five (5) years, with

the initial recalculation pertaining to

this Proposed Plan being completed by

December 31, 2002.

B. Upon recalculation, if the MEFPC

from a First Preference Project is 10

percent above or below the currently

effective MEFPC from that First

Preference Project, the MEFPC will be

adjusted to reflect that increase or

decrease. Western will notify the

affected First Preference customer(s) at

least six (6) months prior to an

adjustment being made to the MEFPC.

Upon request, and at its discretion,

Western may make purchases necessary

to compensate for any power loss

experienced by a First Preference

customer due to recalculation of the

MEFPC. The costs for all purchases

made on behalf of a First Preference

customer(s) will be passed on to that

First Preference customer(s).

C. An allocation made to a First

Preference customer under the Final

Plan will be based on the power

requirements of that First Preference

customer. The sum of allocations,

including losses, shall not exceed the

MEFPC from each First Preference

Project, or a county of origin’s share of

the MEFPC, except as allowed under

Section VI.G below.

D. Following execution of a contract

amendment or contract pursuant to the

Final Plan, Western will work with each

First Preference customer/entity to

identify its power requirements and the

best use of the First Preference

entitlement for that First Preference

customer. Each First Preference

customer/entity may elect one of the

options set forth below.

1. Full Requirements: Power

requirements (capacity and energy),

adjusted for project use and

transformation and transmission losses

from the generation bus to the First

Preference customer delivery point, will

be at the Base Resource rates. Western

will provide the First Preference

customer full requirements up to its

right to the MEFPC. Adjustment for

transmission losses shall include losses

for CVP transmission and third-party

transmission. The contract between the

First Preference customer and Western

will include the appropriate losses and

the load factor to be used to calculate

the First Preference customer’s

maximum capacity and energy.

2. Percentage: A portion of the

MEFPC will be converted to a

percentage of the Base Resource. This

option will be served on a take-or-pay

basis. Each First Preference customer

selecting this percentage allocation

option will also be subject to the

following:

a. A commitment to this option must

be made no later than December 31,

2001. If a commitment is not made by

December 31, 2001, the full

requirements option will be deemed

chosen.

b. This option will be applied in a

manner similar to that of the other

customers receiving a power allocation

from the CVP.

c. The percentage allocation made to

each First Preference customer under

the Final Plan will be applied to the

power resource which has been adjusted

for project use and transformation and

transmission losses from the generation

bus to the First Preference customer

delivery point, rounded up to the

nearest 100 kW. Adjustment for

transmission losses shall include losses

for CVP transmission and third-party

transmission.

d. The percentage calculation will be

based on a First Preference customer’s

load profile for the most recent 12

months preceding the percentage

calculation.

e. A First Preference customer may

request an increase in its percentage

allocation by notifying Western in

writing at least seven (7) months in

advance of the month in which the

increase is to become effective

(increases in percentages are effective

the first day of a month).

E. A First Preference entity may

exercise its rights to use a portion of the

MEFPC by providing written notice to

Western at least eighteen (18) months

prior to the anniversary date of the First

Preference Project located in its county.

Anniversary date means the successive

fifth year anniversary of the date the

Secretary of the Interior declared the

availability of power from the

powerplants in the counties of origin.

New applications for services to begin

on January 1, 2005 under this Proposed

Plan must be received eighteen (18)

months prior to January 1, 2002 (i.e.,

July 1, 2000) for Trinity County and

eighteen months prior to April 5, 2002

(i.e., October 5, 2000) for Calaveras and

Tuolumne counties. Other anniversary

years applicable to this Proposed Plan

are 2007, 2012, 2017, and 2022.

F. If the request(s) of First Preference

customers/entities for power, including

adjustments for project use and losses,

becomes greater than the MEFPC from

that county’s First Preference Project,

then Western will allocate the

remaining MEFPC to the First

Preference customer(s)/entity(ies) first

making a request for a power allocation.

G. Power allocated to First Preference

customers/entities in Tuolumne and

Calaveras counties will be subject to the

following additional conditions:

1. Tuolumne and Calaveras counties

shall each be entitled to one-half of the

New Melones Project MEFPC.

2. If First Preference customers in

either Tuolumne County or Calaveras

County are not using their county’s full

one-half share, and a First Preference

customer/entity in the other county

requests power in an amount exceeding

that county’s one-half share, then

Western will allocate the unused power,

on a withdrawable basis, to the

requesting First Preference customer/

entity. Such power may be withdrawn

for use by a First Preference customer/

entity in the county not using its full

one-half share upon six (6) months

written notice from Western.

H. Trinity County is currently the sole

recipient of the Trinity River Division’s

First Preference rights.

I. For planning purposes, First

Preference customers may be required to

provide forecasts and other information

required by Western as set forth in the

electric service contract.

J. The general criteria and contract

principles set forth in Sections V.A, C,

and F through J of this Proposed Plan

will apply to First Preference customers.

VII. Transmission Service

The Federal Energy Regulatory

Commission (FERC) issued two closely

related final rules. The first rule, Order

No. 888, issued April 24, 1996 (Docket

Nos. RM95–8–000 and RM94–7–001),

requires public utilities owning,

controlling, or operating transmission

lines to file nondiscriminatory open

access tariffs that offer others the same

transmission service they provide

themselves. The second rule, Order No.

889, issued April 24, 1996 (Docket No.

RM95–9–000), requires public utilities

to implement standards of conduct and

an Open Access Same-time Information

System (OASIS) to share information

about available transmission capacity.

Western has agreed to follow the spirit

and intent of FERC Orders 888 and 889.

Therefore, Western proposes to provide

transmission services separately from

power services. Sierra Nevada Region’s

transmission capability will be offered

as a separate unbundled service to all

preference customers receiving power

pursuant to the Final Plan. Each

customer will have an option to

purchase transmission sufficient to

deliver the maximum amount of power

it receives under the Final Plan. Surplus

transmission will be available to all
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8719

preference customers, as well as to other

entities.

Issued in Washington, DC on February 19,

1997.

Joel K. Bladow,

Assistant Administrator.

APPENDIX A.—EXISTING CUSTOMERS’ CRD AMOUNTS

Existing customers

CRD 1 (as of

proposed plan

publication

date)

(kW)

Extension

CRD 1 2 (CRD

less excluded

types of

power) 3 4

(kW)

Air Force—Beale ...................................................................................................................................................... 21,575 21,575

Air Force—McClellan ............................................................................................................................................... 12,000 12,000

Air Force—Onizuka .................................................................................................................................................. 1,500 1,500

Air Force—Travis ..................................................................................................................................................... 12,651 12,651

Air Force—Travis / David Grant Medical Center ..................................................................................................... 4,000 4,000

Air Force—Travis Wherry Housing .......................................................................................................................... 1,400 1,400

Alameda, City of ....................................................................................................................................................... 21,145 21,145

Arvin-Edison Water Storage District ........................................................................................................................ 30,000 30,000

Avenal, City of .......................................................................................................................................................... 622 622

Banta-Carbona Irrigation District .............................................................................................................................. 3,700 3,700

Bay Area Rapid Transit District ............................................................................................................................... 4,000 4,000

Biggs, City of ............................................................................................................................................................ 4,200 4,200

Broadview Water District .......................................................................................................................................... 500 500

Byron-Bethany Irrigation District .............................................................................................................................. 2,200 2,200

Calaveras Public Power Agency .............................................................................................................................. 7,000 ........................

California State University, Sacramento—Nimbus .................................................................................................. 40 40

Castle Joint Powers Authority .................................................................................................................................. 3,000 ........................

Cawelo Water District .............................................................................................................................................. 500 500

Corrections—California State Prison-Sacramento ................................................................................................... 2,300 2,300

Corrections—Deuel Vocational Institute .................................................................................................................. 1,700 1,700

Corrections—Northern California Youth Center ...................................................................................................... 1,700 1,700

Corrections—Sierra Conservation Center ............................................................................................................... 3,000 ........................

Corrections—Vacaville Medical Facility ................................................................................................................... 1,800 1,800

Defense Logistics Agency—Sharpe Facility ............................................................................................................ 4,000 4,000

Defense Logistics Agency—Tracy Facility ............................................................................................................... 3,800 3,800

Delano-Earlimart Irrigation District ........................................................................................................................... 987 987

East Bay Municipal Utility District ............................................................................................................................ 1,965 1,965

East Contra Costa Irrigation District ........................................................................................................................ 2,000 2,000

East Contra Costa Irrigation District, P.P. #3 ........................................................................................................... 500 500

Energy—Lawrence Berkeley National Laboratory ................................................................................................... 11,000 11,000

Energy—Lawrence Livermore National Laboratory ................................................................................................. 16,711 16,711

Energy—Site 300 ..................................................................................................................................................... 2,500 2,500

Energy—Stanford Linear Accelerator Center .......................................................................................................... 47,403 38,403

Glenn-Colusa Irrigation District ................................................................................................................................ 3,343 3,343

Gridley, City of ......................................................................................................................................................... 9,400 9,400

Healdsburg, City of .................................................................................................................................................. 3,241 3,241

James Irrigation District ........................................................................................................................................... 987 987

Kern-Tulare Water District ....................................................................................................................................... 987 987

Lassen Municipal Utility District ............................................................................................................................... 3,000 3,000

Lindsay-Strathmore Irrigation District ....................................................................................................................... 987 987

Lodi, City of .............................................................................................................................................................. 13,236 13,236

Lompoc, City of ........................................................................................................................................................ 5,197 5,197

Lower Tule River Irrigation District .......................................................................................................................... 1,965 1,965

Modesto Irrigation District ........................................................................................................................................ 10,805 10,805

NASA—Ames Research Center .............................................................................................................................. 80,000 80,000

NASA—Moffett Federal Airfield ............................................................................................................................... 5,009 ........................

Navy—Concord Weapons Station ........................................................................................................................... 2,398 2,398

Navy—Dixon Radio Station ..................................................................................................................................... 915 915

Navy—Lemoore Air Station ..................................................................................................................................... 18,000 18,000

Navy—Mare Island Shipyard ................................................................................................................................... 6,000 6,000

Navy—Oakland Army Base ..................................................................................................................................... 2,275 2,275

Navy—Oakland Supply Center ................................................................................................................................ 7,000 7,000

Navy—Stockton Communications Station ............................................................................................................... 3,700 3,700

Navy—Treasure Island Station ................................................................................................................................ 4,000 4,000

Palo Alto, City of ...................................................................................................................................................... 175,000 175,000

Parks & Recreation, California Department of—Folsom ......................................................................................... 100 100

Parks Reserve Forces Training Area ...................................................................................................................... 500 500

Patterson Water District ........................................................................................................................................... 2,000 2,000

Plumas-Sierra Rural Electric Cooperative ............................................................................................................... 25,000 25,000

Provident Irrigation District ....................................................................................................................................... 750 750

Rag Gulch Water District ......................................................................................................................................... 500 500

Reclamation District 2035 ........................................................................................................................................ 1,600 1,600
8720 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

APPENDIX A.—EXISTING CUSTOMERS’ CRD AMOUNTS—Continued

Existing customers

CRD 1 (as of

proposed plan

publication

date)

(kW)

Extension

CRD 1 2 (CRD

less excluded

types of

power) 3 4

(kW)

Redding, City of ....................................................................................................................................................... 116,000 116,000

Roseville, City of ...................................................................................................................................................... 69,000 69,000

Sacramento Municipal Utility District5 ...................................................................................................................... 361,000 361,000

Sacramento Municipal Utility District ....................................................................................................................... 100,000 ........................

San Juan Water District ........................................................................................................................................... 1,000 1,000

San Luis Water District-Fittje ................................................................................................................................... 3,250 3,250

San Luis Water District-Kaljian ................................................................................................................................ 3,400 3,400

Santa Clara, City of .................................................................................................................................................. 216,532 136,532

Santa Clara Valley Water District ............................................................................................................................ 987 987

Shasta Lake, City of ................................................................................................................................................. 11,450 11,450

Sonoma County Water Agency ............................................................................................................................... 1,500 1,500

Terra Bella Irrigation District .................................................................................................................................... 987 987

Trinity County Public Utilities District ....................................................................................................................... 17,000 ........................

Tuolumne Public Power Agency .............................................................................................................................. 7,000 ........................

Turlock Irrigation District .......................................................................................................................................... 3,941 3,941

Ukiah, City of ............................................................................................................................................................ 8,773 8,773

University of California, Davis .................................................................................................................................. 14,682 14,682

West Side Irrigation District ..................................................................................................................................... 2,000 2,000

West Stanislaus Irrigation District ............................................................................................................................ 5,200 5,200

Westlands Water District, Assumed Point of Delivery ............................................................................................. 6,684 6,684

Westlands Water District, Pumping Plant #7–1 ....................................................................................................... 3,200 3,200

Westlands Water District, Pumping Plant #6–1 ....................................................................................................... 1,850 1,850

Temporarily unallocated NDA Act power ................................................................................................................. 5,500 5,500

1,580,230 1,349,221

Notes:

1 CRD temporarily laid off and reallocated to other existing customers is reflected in this Appendix A, under both CRD and Extension CRD, as

being returned to the existing customer who received the original allocation. 2The Extension CRD will be reduced if an existing customer is not using its full CRD (based on the peak demand experienced during CY 1997

through 2000). 3Exclusions are Diversity and Curtailable Power, peaking/excess capacity, First Preference entitlements, and NDA Act power not used for military loads. 4 May be adjusted for conversion from project use power to preference power due to Federal facility transfers to existing project use customers. 5Sacramento Municipal Utility District’s Extension CRD will be 360,000 kW if the 360/1,152 ratio is used for resource extension purposes.

Appendix B—Examples of Existing

Customers’ Resource Extension

Proposal 2005 Through 2014

Assumptions:

• An existing customer with an

Extension CRD of 100 MW.

• Base Resource after 2004 is 1000

MW.

• Sum of all existing customers’

Extension CRD is 1,349 MW.

• Initial resource pool is 4%.

• Incremental resource pool is 2%.

• All amounts are rounded.

1. For the period 2005 through 2014,

an existing customer’s percentage right

to a resource extension will be

calculated as follows:

SMUD S purchase BR

Existing 

A

B

ABR

' , rights

 MW customer' s purchase rights

= ×

= ×

360

1152

100

Where:

A=Lessor of individual existing

customer’s (excluding SMUD)

Extension CRD as of December 31,

2001; or 104 percent of their

maximum demand during CY 1997

through 2000. Western reserves the

right to adjust the value of ‘‘A’’

when it is determined that the

maximum demand is not reflective

of an existing customer’s load.

B=The sum of all values for ‘‘A’’.

BR=Base Resource available.

ABR=Adjusted Base Resource

= − × 









 BR BR RP × −

360

1152

100% , ( %).
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8721

RP%=Resource pool percentage.

Calculation:

SMUD’s purchase rights=

(360/1,152)×BR

(360/1,152)×1,000

0.3125×1,000

312.5 MW

Existing 100 MW customer’s purchase

rights=

(A/B)×ABR

(100/988)×ABR

0.101×660

67 MW

ABR=

{BR–[(360/1,152)×BR]}×(100%–RP%)

{1,000–[(360/1,152)×1,000]}×(100%–

4%)

[1,000–(0.3125×1,000)]×96%

(1,000–312.5)×96%

687.5×96%

660 MW

2. Existing customer’s (excluding

SMUD) rights to the optional purchase

will be calculated as follows:

individual existing customer optional purchase = ×

A

B

TOP

Where:

A = Lessor of individual existing

customer’s Extension CRD as of

December 31, 2001; or 104 percent

of their maximum demand during

CY 1997 through 2000. Western

reserves the right to adjust the value

of ‘‘A’’ when it is determined that

the maximum demand is not

reflective of an existing customer’s

load.

B = The sum of all values for ‘‘A’’.

C = The sum of all existing customers’,

including SMUD, Extension CRD.

BR = Base Resource available.

RP% = Resource pool percentage.

TOP = Total optional purchase

= −











 × × −

360

1152

361

100% , ( %).

C

BR RP

Calculation:

Individual existing 100 MW customer’s

optional purchase=

(A/B × TOP

(100/988) × TOP

0.101 × 43.1

4.4 MW

TOP=

{[(360/1,152)¥(361/1,349)] × BR} ×

(100%¥RP%0)

{[(360/1,152)¥(361/1,349)] × 1,000} ×

(100%¥4%)

[(.3125¥0.2676) × 1,000] × 96%

(0.0449 × 1,000) × 96%

44.9 × 96%

43%

[FR Doc. 97–4695 Filed 2–25–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–00469; FRL–5588–8]

Pesticide Applicator Certification and

Training; Renewal of Pesticide

Information Collection Activities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces that

the following Information Collection

Request (ICR) is coming up for renewal.

This ICR, Certification of Pesticide

Applicators (40 CFR part 171), ICR No.

0155.05, OMB No. 2070–0029, will

expire on June 30, 1997. Before

submitting the renewal packages to the

Office of Management and Budget

(OMB), EPA is soliciting comments on

specific aspects of the collection as

described below.

DATES: Comments must be submitted on

or before April 28, 1997.

ADDRESSES: Submit written comments

identified by the docket control number

OPP–00469 and ICR number 0155.05 by

mail to: Public Response Section, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

comments directly to the OPP docket

which is located in Room 1132 of

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA. Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket control

number OPP–00469 and ICR number

0155.05. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic comments on

this document may be filed online at

many Federal Depository Libraries.

Additional information on electronic

submissions can be found in Unit III. of

this document.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as CBI.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the Virginia

address given above from 8:30 a.m. to 4

p.m., Monday through Friday, excluding

legal holidays.

FOR FURTHER INFORMATION CONTACT:

Ellen Kramer, Policy and Special

Projects Staff, Office of Pesticide

Programs, Environmental Protection

Agency, Mail Code (7506C), 401 M St.,

SW., Washington, DC 20460, Telephone:

(703) 305-6475, e-mail:

kramer.ellen@epamail.epa.gov. Copies

of the complete ICR and accompanying

appendices may be obtained from the

OPP docket at the above address or by

contacting Ellen Kramer at the

telephone number or address listed

above.

SUPPLEMENTARY INFORMATION:

Electronic Availability: Electronic

copies of this document and the ICR are

available from the EPA home page at the

Environmental Sub-Set entry for this

document under ‘‘Regulations’’ (http://

www.epa.gov/fedrgstr/).

I. Information Collection Requests

EPA is seeking comments on the

following Information Collection

Request (ICR).

Title: Certification of Pesticide

Applicators (40 CFR Part 171). ICR No.