Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices 88999 

4 In compliance with the National Environmental 

Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 

4321 through 4347; the Council on Environmental 

Quality Regulations for implementing NEPA (40 

CFR parts 1500 through 1508); and DOE NEPA 

Implementing Procedures and Guidelines (10 CFR 

part 1021) 

Under Secretary for Infrastructure. By 

Redelegation Order No. S3–DEL– 

SWPA1–2023, effective April 10, 2023, 

the Under Secretary for Infrastructure 

redelegated the authority to confirm, 

approve, and place such rates into effect 

on an interim basis to the 

Administrator, Southwestern. 

Availability of Information 

The 2023 Integrated System Power 

Repayment Studies and the associated 

Rate Design Study as well as the 

proposed Integrated System rate 

schedules are available on 

Southwestern’s website at: https://

www.energy.gov/swpa/rate-scheduleactions. At the conclusion of the 

consultation and comment period, 

Southwestern will post all comments 

received at the same website location. If 

a Forum is held, the transcript of the 

Forum and any other documents 

introduced during the Forum will also 

be made available on Southwestern’s 

website. 

Environmental Impact 

Southwestern is in the process of 

determining whether an environmental 

assessment or an environmental impact 

statement should be prepared or if this 

action can be categorically excluded 

from those requirements.4

Determination Under Executive Order 

12866 

Southwestern 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 November 6, 

2024, by Mike Wech, Administrator for 

Southwestern 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 

DOE. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on November 6, 

2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2024–26144 Filed 11–8–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Final 2028 Parker-Davis Project Power 

Marketing Plan and Call for Resource 

Pool Applications 

AGENCY: Western Area Power 

Administration, Department of Energy 

(DOE). 

ACTION: Notice of final plan and call for 

resource pool applications. 

SUMMARY: The Department of Energy 

(DOE), Western Area Power 

Administration (WAPA), Desert 

Southwest Region (DSW), announces its 

Final 2028 Parker-Davis Project (P–DP) 

Power Marketing Plan (Final 2028 Plan) 

and issues a Call for Resource Pool 

Applications. This notice responds to 

comments received on the Proposed 

2028 P–DP Power Marketing Plan 

(Proposed 2028 Plan). The Final 2028 

Plan specifies the terms and conditions 

under which WAPA will market power 

from P–DP from October 1, 2028, 

through September 30, 2048. WAPA 

will offer new contracts for the sale of 

power to existing contractors and create 

a resource pool for potential new 

applicants. Entities who wish to apply 

for a new allocation of power from 

WAPA, and who meet the criteria 

defined in the Final 2028 Plan, must 

submit a formal application using the 

Applicant Profile Data (APD) form and 

must meet the Eligibility Criteria and 

Allocation Criteria described herein. 

The General Criteria and Contract 

Principles set forth in the Final 2028 

Plan will apply to new allottees and 

existing contractors. This Final 2028 

Plan supersedes all previous marketing 

plans for P–DP. 

DATES: The Final 2028 Plan will become 

effective December 12, 2024 to make 

power allocations and complete the 

other processes necessary to begin 

providing service on October 1, 2028. 

Resource pool applications must be 

received on or before 5:00 p.m., 

Mountain Standard Time (MST), on 

January 31, 2025. WAPA will accept 

applications using the APD form by 

email or by certified mail (or its 

equivalent). Applications sent by 

regular mail will be accepted if 

postmarked before January 31, 2025, 

and received no later than February 5, 

2025. WAPA will not consider 

applications unless they are received by 

the prescribed dates. 

ADDRESSES: Preference entities 

interested in applying for an allocation 

of WAPA power may complete the APD 

form available at https://www.wapa.gov/ 

about-wapa/regions/dsw/ 

pdpremarketing/ and mail the signed 

and dated APD form to Ms. Jennifer 

Henn, Power Marketing Advisor, Desert 

Southwest Region, Western Area Power 

Administration, P.O. Box 6457, 

Phoenix, AZ 85005–6457. APD 

application forms with an electronic 

signature (e-signature) may be emailed 

to pdp-remarketing@wapa.gov. If an 

electronic signature is not available, the 

signed APD form may be scanned and 

emailed to the address above, faxed to 

(602) 605–4663, or mailed it to the 

address above. All APD forms must be 

received by WAPA within the time 

required in the DATES section, herein. 

WAPA will publish a notice of Proposed 

2028 Allocations in the Federal Register 

after evaluating all applications. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Henn, Power Marketing 

Advisor, Desert Southwest Region, 

Western Area Power Administration, 

(602) 605–2572 or email: pdpremarketing@wapa.gov. Information on 

development of the Final 2028 Plan can 

be found at https://www.wapa.gov/ 

about-wapa/regions/dsw/ 

pdpremarketing/. 

SUPPLEMENTARY INFORMATION: 

Development of the Final 2028 Plan 

P–DP power facilities include Davis 

Dam, with its current total operating 

capacity of 255,000 kilowatts (kW) for 

P–DP and expected increase of 

approximately 3,750 kW from the 

rewind of Unit 3, and Parker Dam, with 

60,000 kW of operating capacity allotted 

to P–DP and 60,000 kW allotted to 

Metropolitan Water District of Southern 

California. Both dams are owned and 

operated by the Bureau of Reclamation 

(Reclamation). WAPA owns and 

operates approximately 1,500 miles of 

high voltage transmission lines and 45 

substations throughout Arizona, 

California, and Nevada to facilitate 

delivery of P–DP power in those three 

states. 

On September 30, 2028, WAPA’s 

existing long-term sales contracts for P– 

DP power will expire. WAPA began 

developing the Final 2028 Plan with a 

series of informal public information 

meetings for existing and new potential 

contractors. These meetings helped 


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WAPA identify pertinent issues to 

address in the Proposed 2028 Plan. 

WAPA subsequently published its 

Proposed 2028 Plan (1) to define the 

products and services WAPA will offer, 

and (2) to determine the criteria for 

marketing and allocating power from 

October 1, 2028, through September 30, 

2048 (89 FR 43841). WAPA held a 

public information forum on June 20, 

2024, to present the Proposed 2028 Plan 

and answer questions. On July 19, 2024, 

WAPA held a public comment forum to 

receive verbal comments. WAPA 

accepted written comments from the 

public through the end of the 

consultation and comment period on 

August 19, 2024. This notice sets forth 

WAPA’s Final 2028 Plan and responds 

to comments received on the Proposed 

2028 Plan. 

Based on comments received, WAPA 

will: (1) apply the Energy Planning and 

Management Program (EPAMP) Power 

Marketing Initiative (PMI) regulations, 

set forth at 10 CFR 905.30 through 10 

CFR 905.37, to the P–DP remarketing 

effort; (2) extend 98 percent of 

marketable capacity to existing 

contractors for a term of 20 years; and 

(3) use the remaining two percent of 

marketable capacity for the creation of 

a resource pool. WAPA will make 

allocations from the resource pool to 

eligible preference contractors using the 

Eligibility Criteria and Allocation 

Criteria for Resource Pool Allocations 

described in this notice and under the 

Final 2028 Plan. The Final 2028 Plan 

also sets forth General Criteria and 

Contract Principles that will apply to 

new allottees and existing contractors. 

This Final 2028 Plan supersedes all 

previous marketing plans for this 

project. 

Responses to Comments Received on 

the Notice of Proposed Plan 

During the public consultation and 

comment period, WAPA received nine 

letters commenting on the Proposed 

2028 Plan. The letters are available on 

WAPA’s website at https:// 

www.wapa.gov/about-wapa/regions/ 

dsw/pdpremarketing/. Six contractors 

and interested stakeholder 

representatives commented during the 

July 19, 2024, public comment forum. 

Transcripts from the public meetings are 

also available on WAPA’s website. In 

addition, multiple parties requested 

clarification on the Proposed 2028 Plan 

during the 90-day public consultation 

and comment period. WAPA provided 

clarifying responses to these questions 

during the consultation and comment 

period. These responses remain 

available on WAPA’s website at the 

address above and are not included 

below. 

The following is a summary of the 

comments received during the 

consultation and comment period, and 

WAPA’s responses to those comments. 

Comments are grouped by subject and 

paraphrased for brevity. 

I. Marketing Plan Term 

Comment: Two commenters 

supported the 20-year contract term for 

the forthcoming marketing period. 

WAPA received no comments objecting 

to the 20-year term. 

Response: WAPA appreciates the 

support. The Final 2028 Plan provides 

for the marketing of P–DP power from 

October 1, 2028, through September 30, 

2048. 

II. Products and Services—Quarterly 

Energy 

Background: WAPA proposed to offer 

energy amounts for three-month periods 

(‘‘Quarterly Energy’’) based on 

Reclamation’s 24-month generation 

projection studies (‘‘24-Month Study’’), 

which are released every month. 

Comment: Three commenters 

generally supported WAPA’s proposed 

operational changes in response to 

challenging hydrology and WAPA’s 

efforts to reduce purchase power 

activities, as such activities had led to 

accumulated deficits. 

Response: WAPA appreciates the 

support to change the energy delivery 

methodology. The Final 2028 Plan will 

align energy deliveries with actual 

hydropower generation, thereby 

decreasing the amount of energy WAPA 

will have to purchase, reducing 

financial burdens on contractors, and 

promoting rate stability. 

Comment: Two commenters 

recommended WAPA consider leaving 

the majority of the details concerning 

the implementation of the new 

operational strategy, such as the final 

process and operational changes related 

to estimating, committing, and 

scheduling the hydropower resource, in 

the contract and Metering and 

Scheduling Instructions (MSI), rather 

than including these details in the Final 

2028 Plan to allow the most flexibility 

to amend agreements as conditions 

change. 

Response: WAPA agrees more 

detailed terms and conditions regarding 

Quarterly Energy, Optional Energy, 

Excess Energy, changes to generation 

forecasts, minimum scheduling 

requirements, and other products or 

services will be addressed, as 

appropriate, in electric service contracts 

or MSI, which will be incorporated into 

such contracts as an attachment. WAPA 

has added additional language to the 

Final 2028 Plan to align with this 

recommendation. 

Comment: One commenter expressed 

concern that WAPA is adopting a 

Quarterly Energy methodology while 

simultaneously creating a new resource 

pool. The commenter further stated that 

creating a Quarterly Energy 

methodology admits that the P–DP 

resource cannot sustain the energy 

deliveries associated with the allocated 

capacity. 

Response: P–DP’s fixed contractual 

obligation methodology for energy 

delivery imposed financial burdens on 

contractors in the existing marketing 

period. As a result, existing contractors 

have experienced increased P–DP power 

rates and incurred deficits for purchase 

power and wheeling (PPW) expenses. 

WAPA developed the Final 2028 Plan to 

provide energy deliveries based on 

actual generation and to reduce such 

deficits. WAPA believes the Final 2028 

Plan constitutes a balanced approach 

between maximizing the ongoing value 

of the P–DP resource to existing 

contractors and encouraging widespread 

use with a two-percent resource pool. 

Comment: One commenter noted that 

aligning P–DP energy deliveries with 

the July 2024, 24-Month Study would 

have resulted in a 17 percent megawatt 

hour (MWh) average potential reduction 

over a 12-month period, with the largest 

reductions occurring during the highest 

demand and highest price summer 

peaking months. This commenter 

requested that WAPA develop a policy 

to support full availability of P–DP 

generation capacity during summer 

from 3–10 p.m. MST when demand is 

at its highest and solar resources are 

waning. The commenter also requested 

operational measures to make 

generation available during system 

emergencies or forecasted peak days so 

that WAPA may have substantial 

operational flexibility to support 

regional reliability. 

Response: Thank you for this 

recommendation. WAPA and 

Reclamation already collaborate to 

optimize P–DP generation. WAPA will 

continue those efforts and will approach 

Reclamation about options to further 

optimize the resource. 

Additionally, the Final 2028 Plan 

provides for Optional Energy in which 

a contractor may elect for WAPA to 

purchase energy on behalf of the 

contractor to supplement available P– 

DP energy, up to the contractor’s 

Contract Rate of Delivery (CROD). This 

product may help contractors meet their 

energy requirements during high 

demand hours. 


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Comment: One commenter expressed 

concern that Quarterly Energy will 

affect existing metering and scheduling 

instructions with its scheduling agent. 

This entity requested WAPA coordinate 

with its scheduling agent to ensure any 

energy delivery changes meet with the 

agent’s approval. 

Response: A contractor’s entitlement 

to Quarterly Energy will not be 

contingent upon approval of a 

scheduling agent. WAPA is willing to 

work with the scheduling agent for this 

contractor, and other contractors as 

requested, to coordinate Quarterly 

Energy deliveries. 

Comment: Comments expressed 

support for structuring the P–DP 

contract more like WAPA’s Colorado 

River Storage Project (CRSP) contracts, 

with a small replacement power budget 

to help control future rates. The 

commenters strongly supported these 

changes, as they will help mitigate the 

rate impacts contractors are seeing with 

the reduction of generation at the dams. 

Response: WAPA appreciates the 

support. Aligning energy deliveries with 

forecasted generation will mitigate rate 

impacts and significantly reduce the P– 

DP purchase power costs. 

III. Products and Services—Optional 

Energy 

Comment: One commenter supported 

the concept of Optional Energy and 

requested that WAPA develop a plan to 

meet the commenter’s requirements 

using Optional Energy while 

minimizing energy purchase costs. 

Response: WAPA appreciates the 

support. WAPA will work with the 

contractor to provide assistance as 

requested. 

IV. Products and Services—Contractor 

Use of Transmission 

Background: WAPA will allow 

contractors to use transmission capacity, 

reserved for delivery of their P–DP firm 

electric service (FES) allocation, for 

contractor-owned or contractorpurchased resources. Transmission 

capacity used for such energy must not 

exceed a contractor’s CROD. As clarified 

during the public information forum, 

usage of transmission capacity will be 

comparable to service under WAPA’s 

Open Access Transmission Tariff 

(OATT). 

Comment: Three commenters 

supported WAPA’s transmission 

proposal, with one commenter stating 

that the use of transmission up to CROD 

is consistent with the use of 

transmission facilities in other 

marketing areas. 

Response: WAPA appreciates the 

support. 

Comment: One commenter noted that 

reference to WAPA’s OATT suggests 

divergency from WAPA’s traditional 

practice of pairing an allocation of 

power with firm transmission rights 

over WAPA transmission facilities for 

the delivery of power. WAPA was asked 

to clarify that such transmission rights 

remain tied to the allocation and are not 

severable. Furthermore, the commenter 

stated the allusion to WAPA’s OATT 

should be clarified to state that firm 

power customers are not required to 

separately reserve transmission 

pursuant to WAPA’s OATT. The 

commenter stated that while WAPA 

may market transmission capacity 

excess for the mission of delivering 

preference power pursuant to the terms 

and conditions set forth in its safe 

harbor OATT, the use of transmission 

capacity associated with the P–DP 

allocation should remain within 

WAPA’s organic authorities and outside 

the purview of the Federal Energy 

Regulatory Commission. 

Response: WAPA will continue to 

utilize existing transmission capacity to 

deliver energy associated with a 

contractor’s P–DP allocation. Under the 

Final 2028 Plan, transmission capacity 

not used by WAPA to deliver a 

contractor’s P–DP allocation will be 

made available for contractors to deliver 

contractor-owned or contractorpurchased resources. Contractors will 

not be required to separately reserve 

transmission to deliver P–DP energy. 

When a contractor requests transmission 

service for contractor-owned or 

contractor-purchased resources on a 

transmission path other than that 

reserved for delivery of P–DP energy, 

WAPA will study the transmission 

system to determine availability, 

comparable to the OATT process for 

redirecting point-to-point transmission 

rights. 

Comment: A commenter stated that 

WAPA’s decision to create a new 

resource pool should be delayed until 

contractors fully understand the impact 

of how the transmission rights up to 

CROD are delineated and understood by 

the contractors. 

Response: Transmission capacity used 

for delivery of contractor-owned or 

contractor-purchased resources must 

not exceed a contractor’s CROD, 

regardless of the creation of a resource 

pool. 

V. Application of PMI and Creation of 

Resource Pool 

Background: WAPA proposed to 

apply the principles of the PMI (10 CFR 

905.30–905.37) to P–DP for the 

forthcoming marketing period. This 

included a proposal to extend 98 

percent of P–DP marketable capacity to 

existing contractors’ CROD and creation 

of a single, one-time, two-percent 

resource pool of marketable capacity for 

new allottees. 

Comment: Eight entities provided 

comments on this proposal. One entity 

supported the proposal to encourage 

widespread use. One entity requested a 

larger resource pool. Two entities 

opposed creating a resource pool at this 

time. Four entities preferred no resource 

pool but supported the small twopercent resource pool to accommodate 

widespread use. Two of these entities 

specifically supported WAPA’s 

application of the PMI principles to 

ensure current contractors continue to 

receive a substantial amount of their 

resource. One entity noted its preference 

that WAPA not create a resource pool, 

but stated WAPA’s proposal of a small, 

one-time, resource pool appears to be a 

reasonable compromise to ensure that 

existing contractors continue to receive 

most of their existing resources. 

Response: WAPA appreciates the 

feedback. 

Comment: One entity opposed using 

PMI principles because of the 

significant reduction WAPA is 

proposing for energy deliveries, along 

with the impact the capacity reduction 

may have on this entity’s current 

crediting arrangement. 

Response: Application of PMI 

provides WAPA with a framework for 

extending a significant portion of 

existing marketable capacity to existing 

contractors while also encouraging 

widespread use. Entities without a 

Federal hydropower allocation may 

exist within the P–DP marketing area, 

and WAPA intends to provide those 

entities with an opportunity to apply. 

The two-percent resource pool will be 

largely offset by the anticipated addition 

of capacity from the Davis Dam Unit 3 

rewind. Creating a resource pool during 

drought conditions further reduces 

energy deliveries to existing contractors. 

For that reason, WAPA determined to 

establish a modest resource pool. 

WAPA has decided to apply the PMI 

formula to extend existing contractors’ 

allocation for the Final 2028 Plan 

consistent with the Proposed 2028 Plan. 

WAPA recognizes the impact of 

reducing allocations for existing Tribal 

contractors with benefit crediting 

arrangements and is willing to 

coordinate with scheduling agents, as 

requested by contractors. 

Comment: One commenter opposed 

reducing existing allocations and 

recommended creating the resource 

pool from the additional capacity 

expected from the rewind of Davis Dam 

Unit 3 to preserve existing allocations. 


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The commenter further stated that 

WAPA markets power consistent with 

sound business principles and therefore 

must weigh the benefit of creating small 

allocations (one kW) versus the cost that 

may be incurred if existing crediting 

arrangements are impacted by the 

withdrawal. 

Response: WAPA appreciates the 

alternative idea. However, WAPA 

believes that the PMI formula, 

established through an extensive public 

process and commonly applied by 

WAPA in marketing plans across its 

territory, remains an effective 

methodology in the context of P–DP. 

WAPA recognizes the impact of 

reducing allocations for existing 

contractors with benefit crediting 

arrangements and is willing to 

coordinate with scheduling agents, as 

requested by contractors. 

WAPA recognizes that small 

allocations may not be cost effective for 

every potential new contractor because 

associated energy is currently less than 

optimal. Each potential contractor will 

need to evaluate the cost effectiveness of 

the resource before entering into a 

contract with WAPA. 

WAPA believes its decision to apply 

PMI and the other components of its 

Final 2028 Plan are in accordance with 

its statutory obligation to offer the 

lowest possible rates consistent with 

sound business principles. 

Comment: A commenter that is not an 

existing P–DP contractor, but is located 

in the P–DP marketing area, requested 

that the resource pool be formed from a 

larger percentage of current allocations 

because if numerous or large preference 

entities apply, it would create an 

inequity between earlier applying 

parties who would keep 98 percent of 

their allocations, and later applying 

preference entities who would have to 

share two percent of the project’s 

surplus power. 

Response: WAPA interprets this 

commenter’s reference to ‘‘surplus 

power’’ to mean marketable resource 

from the resource pool. WAPA is 

sensitive to the current hydrological 

conditions that exist in the Colorado 

River Basin. Under the existing P–DP 

marketing plan, energy allocations are a 

fixed seasonal amount for the length of 

contracts, regardless of hydroelectric 

generation (49 FR 50582, 50587; 68 FR 

23709). Due to challenging hydrological 

conditions in the Colorado River Basin, 

this methodology imposed financial 

burdens on existing contractors during 

the current marketing period, as WAPA 

has been required to purchase 

significant amounts of power to meet 

contractors’ firm energy requirements. 

For the Final 2028 Plan, WAPA will 

eliminate this methodology and instead 

offer energy amounts based on 

hydroelectric generation forecasts. A 

WAPA analysis using Reclamation’s 

July 2024, 24-Month Study showed an 

approximate 17 percent reduction to 

energy deliveries to existing contractors 

over a 12-month period, with an even 

greater impact in the summer months 

when energy in the Southwest is needed 

most. This analysis was included in 

WAPA’s responses to clarifying 

questions and can be found on WAPA’s 

website at https://www.wapa.gov/aboutwapa/regions/dsw/pdpremarketing/. 

WAPA had to find a balance between 

encouraging widespread use and 

providing valuable energy deliveries. 

The two-percent resource pool would be 

largely offset by an anticipated increase 

in capacity resulting from the rewind of 

Davis Dam Unit 3. However, that 

additional capacity will not increase 

energy deliveries during current 

hydrological conditions. Because WAPA 

is sensitive to concerns over challenging 

hydrological conditions and reduced 

energy deliveries, it is extending 98 

percent of marketable capacity to 

existing contractors in the Final 2028 

Plan. WAPA believes a modest, twopercent resource pool is still a 

reasonable means of encouraging 

widespread use. 

Comment: One commenter opposed 

the creation of a resource pool stating 

that with the loss of roughly 25 percent 

of energy deliveries since the execution 

of the last contracts, there is little 

additional energy for a new resource 

pool. The commenter stated the impacts 

to the creation of a new resource pool 

need to be assessed, and further stated 

that WAPA is asking existing 

contractors to make additional sacrifices 

at a point in time in which DSW has 

been unable to meet the CROD. The 

commenter stated that although WAPA 

indicates that capacity allocations for 

new contractors will be made from new 

capacity associated with a turbine 

rewind, there is an absence of associated 

energy for a new allocation. 

Response: WAPA concurs that 

challenging hydrological conditions 

have reduced the energy output of P–DP 

generators since 2008. To clarify the 

comment, during the current marketing 

period, as P–DP energy production 

decreased, WAPA maintained CROD 

and associated energy through market 

purchases. As a result, existing 

contractors experienced rate increases, 

but no decrease in energy deliveries. As 

part of the Final 2028 Plan, contractors 

will be entitled to energy deliveries 

based on their pro rata share of 

projected hydrogeneration. WAPA 

recognizes the two-percent resource 

pool impacts existing contractors’ CROD 

and resulting energy delivery. WAPA 

balanced the marketing of a limited and 

valuable resource with its obligation to 

encourage widespread use of the 

Federal resource. Given recent 

hydrology, and knowing that potential 

new contractors may exist, WAPA has 

decided to create a modest, two-percent 

resource pool, which some commenters 

have indicated is small. Marketable 

capacity is expected to increase with the 

addition of approximately 3,750 kW 

from the Davis Dam Unit 3 rewind, 

which will largely offset the capacity set 

aside for the resource pool. Energy 

deliveries are directly attributable to 

water releases and are constrained by 

the current hydrological conditions. 

WAPA assessed the impacts of creating 

a resource pool, along with changes 

using the Quarterly Energy 

methodology. The results are posted on 

WAPA’s website as part of its responses 

to clarifying questions and show 

potential P–DP Quarterly Energy 

projections by contractor, including 

with the two-percent resource pool, 

using July 2024, 24-Month Study data. 

Comment: A commenter opposed 

creation of the resource pool at this time 

because it argued that adopting the 

Quarterly Energy methodology while 

simultaneously proposing a new 

resource pool presents a conflict. 

According to the commenter, the 

creation of a Quarterly Energy 

methodology admits that the P–DP 

resource cannot sustain the energy 

deliveries associated with the allocated 

capacity. 

Response: Given challenging 

hydrology, WAPA designed the 

Quarterly Energy product to achieve 

alignment with actual generation and to 

address the significant costs of purchase 

power. WAPA chose a modest resource 

pool size to reflect the reduction in 

hydrogeneration while encouraging 

widespread use. 

Comment: A commenter explained it 

opposes creation of a resource pool 

based on WAPA eliminating the current 

off peak requirements and instead 

requiring minimum schedule 

requirements to coincide with water 

deliveries. The commenter stated this 

could lead to purchases at times when 

the resource is out of the market and at 

a point in time when it would not be as 

economic to the contractors to receive 

the power. With potential loss of value 

against the decision to create a new 

resource pool, this commenter suggested 

that WAPA refrain from creating the 

new resource pool until the actual 

impacts associated with the new 

scheduling regime have been disclosed 

and discussed with the contractors. 


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Response: WAPA does not believe 

there is a direct correlation between the 

decision to establish a resource pool and 

minimum scheduling requirements. 

Furthermore, it is not feasible to delay 

the resource pool determination. 

WAPA is developing a tool to 

optimize scheduling requirements to 

reduce WAPA’s purchase power 

requirements and minimize energy sales 

in low load hours. The tool will create 

minimum requirements that are based 

on actual limitations around the 

resource. The process to develop the 

tool will take time, but WAPA believes 

having a collaborative approach and 

providing contractors the opportunity to 

help shape the results will provide the 

best possible outcome. Prior to the 

execution of contracts for the 2028–2048 

marketing period, WAPA will provide 

examples of methods being considered, 

seek feedback from existing contractors 

and potential new allottees, and select 

which option provides the greatest 

flexibility and achieves the goals 

identified in the Final 2028 Plan. 

Minimum scheduling requirements will 

be included in the MSI. 

Comment: A commenter opposed 

creation of a resource pool because if 

WAPA is eliminating the scheduling 

flexibility and requiring contractors to 

purchase power at times when it is not 

economic, WAPA is not following its 

principle to set rates at the lowest 

possible rate consistent with sound 

business principles. The commenter 

states WAPA is allocating capacity, 

resources, and energy to new 

contractors at a time when WAPA does 

not have the full resources to meet 

contract rates of delivery, thus creating 

a situation in which existing allottees 

are being deprived of the value of the 

resource. To the extent that WAPA 

reduces energy allocations, the 

commenter stated contractors with 

longstanding allocations are forced to 

seek higher-cost replacement energy, 

and the record to date does not explain 

how promoting widespread use ensures 

that the power is sold at the lowest 

possible cost. The commenter also 

stated that the Federal Register notice 

fails to reconcile this proposed 

departure from the longstanding policy 

of keeping rates as low as possible, 

consistent with sound business 

principles, with an increased dilution of 

the resource under the guise of 

promoting widespread use of the power. 

Response: WAPA believes that by 

changing the minimum scheduling 

requirements and developing the 

Quarterly Energy product, WAPA will 

be marketing power in alignment with 

its obligation to provide the lowest 

possible rates consistent with sound 

business principles, especially given the 

challenging hydrological conditions in 

the Colorado River Basin and the 

agency’s obligation to encourage 

widespread use. Extending the benefit 

of Federal hydropower to new potential 

contractors who do not have an existing 

Federal hydropower allocation 

encourages widespread use with 

minimal impact to WAPA’s rates. 

Comment: A commenter provided 

further reasoning for opposing the 

resource pool at this time because there 

needs to be an understanding in terms 

of the flexibility of the transmission 

rights up to CROD, and decisions on 

creating a new resource pool should 

also be held until the customers fully 

understand the impact of how the 

transmission rights up to CROD are 

delineated and understood by the 

customers. 

Response: WAPA has defined the 

transmission use it intends to provide to 

contractors. WAPA discerns no reason 

to delay its determination to create a 

resource pool. 

Comment: A commenter noted that 

the impact from the creation of the 

resource pool is isolated to those 

contractors who are not Priority Use 

Power (PUP) contractors, and the new 

resource pool would not reduce 

capacity or energy deliveries to 

contractors who receive PUP. The 

commenter did not oppose any change 

to allocations for PUP or any change in 

those operations for PUP contractors. 

Response: A portion of P–DP capacity 

and energy is first reserved for PUP 

requirements and remaining marketable 

capacity is marketed by WAPA as FES. 

Therefore, PUP capacity and energy 

allocations will not be reduced with the 

creation of the resource pool as part of 

the Final 2028 Plan. 

VI. Eligibility Criteria for Resource Pool 

Allocations 

Background: Qualified applicants 

must not have an existing allocation of 

Federal power or be a member of a 

parent entity that has an allocation of 

Federal power. 

Comment: WAPA received comments 

in support of limiting resource pool 

eligibility to those who do not have 

other Federal hydropower allocations. 

Response: WAPA appreciates the 

support. 

Comment: WAPA received comments 

from three entities requesting that the 

eligibility criteria be changed to allow 

those with existing Boulder Canyon 

Project (BCP) and/or CRSP Federal 

hydropower allocations to be eligible for 

a P–DP allocation from the 2028 

resource pool. 

Response: WAPA chose to create a 

two-percent resource pool at a time 

when drought is already reducing P–DP 

energy production. Existing contractors 

have experienced rate increases and 

PPW deficits because P–DP generation 

could not meet contractual 

requirements. WAPA determined that 

limiting eligibility for resource pool 

allocations to those entities that do not 

already have a Federal power allocation 

is an appropriate means of encouraging 

widespread use, while the modest size 

of the resource pool also recognizes the 

strains on the P–DP resource and 

existing contractors. 

Comment: One commenter requested 

WAPA consider adjusting the proposed 

eligibility criteria language to ‘‘Qualified 

applicants must not have a significant 

allocation of Federal power . . .’’ to not 

disqualify small electric utilities that 

currently receive a small BCP Federal 

power allocation from being considered 

as a 2028 P–DP qualified applicant. 

Response: Given that Federal 

hydropower is a finite resource in the 

Southwest, WAPA considers all 

allocations to be beneficial and 

significant. In WAPA’s view, 

determining a threshold at which an 

allocation is ‘‘significant’’ is not 

possible, and could not be 

accomplished in an equitable manner. 

WAPA’s policy is to encourage 

widespread use of P–DP power at the 

lowest rates possible consistent with 

sound business principles. Adhering to 

the proposal to limit the resource pool 

eligibility to those entities without an 

existing Federal power allocation 

accomplishes both goals. 

Comment: A commenter noted that 

WAPA is proposing that its resource 

pool allocations be returned to existing 

contractors if enough new preference 

customers are not found. The 

commenter requested that WAPA 

should reconsider this option and allow 

for additional qualified applicants that 

may have a small share of existing 

Federal power resources to be 

considered in lieu of returning the 

unused allocation pool back to the 

existing P–DP contractors. 

Response: As discussed previously, 

WAPA considers all allocations to be 

beneficial and significant. WAPA 

created the two-percent resource pool to 

encourage widespread use at a time 

when it is experiencing challenging 

hydrological conditions. Granting 

resource pool allocations to entities that 

already have a Federal power allocation 

does not encourage widespread use to 

the same extent as making allocations to 

entities without an existing allocation. 

Returning the resource pool power to 

existing P–DP contractors if new 


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1See Act of March 7, 1928, 45 Stat. 200, 210–212. 

preference contractors are not found 

recognizes the resource strains on 

existing contractors. WAPA’s decision is 

also consistent with the framework set 

forth in the PMI, which provides, ‘‘[i]f 

power is reserved for new customers but 

not allocated, or resources are offered 

but not placed under contract, this 

power will be offered on a pro rata basis 

to customers that contributed to the 

resource pool through application of the 

extension formula in [10 CFR] 905.33.’’ 

10 CFR 905.32(e)(1). 

Comment: One commenter asked if it 

is a new requirement that qualified 

applicants must not have an existing 

allocation of Federal power or be a 

member of a parent entity that has an 

allocation of Federal power. Two 

commenters noted that at least one of 

WAPA’s current FES allocation 

contractors obtained Federal power 

from more than one Federal source. A 

commenter located in the P–DP 

marketing area with a CRSP allocation 

stated that this eligibility requirement 

seems to be an inequity and a bias 

against later applying preference 

customers, as well as a violation of the 

widespread use mandate. 

Response: WAPA’s eligibility 

criterion is not new. The EPAMP Final 

Rule, published October 20, 1995, 

provided a framework for the marketing 

of power while also allowing for projectspecific approaches to be used during 

future proceeding and marketing plan 

development. The Final Rule noted, 

‘‘[i]n the past, [WAPA] has allowed 

preference entities to receive power 

from more than one project when 

marketing areas overlap. Given the 

significant new customer load that 

exists in portions of [WAPA]’s service 

territory, [WAPA] is not willing to 

continue this policy on a [WAPA]-wide 

basis. On this issue, [WAPA] will retain 

the flexibility set forth in the proposed 

Program. An existing customer will not 

be eligible to receive power from a 

resource pool unless [WAPA] provides 

otherwise on a project-specific basis. 

Comments on the eligibility of existing 

customers to receive resource pool 

power will be accepted as part of the 

project-specific public process’’ (60 FR 

54151, 54163). 

Given the hydrological conditions 

impacting P–DP generation, it is 

prudent for WAPA to maintain that 

existing Federal power contractors will 

not be eligible to receive P–DP power 

from the resource pool. 

Comment: One commenter requested 

that if there are fewer applicants than 

can equitably use the resource pool, 

then the unallocated power be shared 

among all customers. 

Response: WAPA interprets this 

comment to mean that unallocated 

power be shared among all resource 

pool applicants and existing contractors. 

WAPA has wide discretion to balance 

relative amounts of load being served by 

Federal hydropower as part of 

establishing the resource pool. WAPA’s 

goal is to find applicants that meet the 

eligibility criteria up to the two percent. 

Comment: A Tribe with an existing 

CRSP Federal hydropower allocation 

commented that it considers its ability 

to receive allocations and Federal 

hydropower resources (generation and 

transmission systems) to be trust 

resource under the DOE definitions and 

related to the construction of Coolidge 

Dam. Although the Tribe has a CRSP 

allocation, it requested the ability to 

apply for an allocation of P–DP power 

as well. 

Response: WAPA’s power marketing 

authority is defined by Reclamation law, 

which grants the agency-wide discretion 

as to who and under what terms it will 

contract for the sale of Federal power. 

While WAPA will create a modest 

resource pool to encourage widespread 

use, it also chose to limit applicant 

eligibility for the resource pool because 

P–DP energy has been limited in recent 

years due to drought conditions. WAPA 

believes expanding resource pool 

eligibility to entities already holding a 

Federal power allocation would not 

encourage widespread use given current 

conditions. 

Although there is no federal 

legislation requiring WAPA to expand 

its eligibility criteria to make the Tribe 

eligible for a P–DP resource pool 

allocation, WAPA notes the San Carlos 

Irrigation Project, owned and operated 

by the Department of Interior, Bureau of 

Indian Affairs, is an existing P–DP 

contractor and is required by Federal 

law to provide power to the Tribe.1

WAPA values its relationships with 

tribal preference customers and 

understands the challenges the Tribe 

faces in obtaining affordable electric 

service. WAPA is willing to further 

collaborate with the Tribe and the 

Bureau of Indian Affairs in addressing 

these challenges. 

VII. General Criteria and Contract 

Principles—Minimum Scheduling 

Requirements 

Background: P–DP contractors will 

have a new minimum scheduling 

requirement that aligns with 

Reclamation’s generation schedule and 

how energy is scheduled within the 

Western Interconnection. Please also see 

comments and responses under V. 

Application of PMI and Creation of 

Resource Pool regarding implementing 

minimum scheduling requirements at 

the same time as creating a resource 

pool. 

Comment: One commenter noted that 

the details regarding minimum 

scheduling requirements are unclear 

and requested WAPA ensure that 

changes are coordinated with its 

scheduling agent and are acceptable to 

all parties. 

Response: WAPA will collaboratively 

develop the minimum scheduling 

requirements tool with contractors and 

is willing to coordinate changes with 

scheduling agents, as requested by 

contractors. 

Comment: A commenter supported 

changing minimum scheduling 

requirements to provide scheduling 

flexibility, reduce purchase power costs, 

and minimize sales in low load hours. 

The commenter questioned how 

changing minimum scheduling 

requirements to meet water 

requirements will affect schedules and 

noted that it appears that this impact 

has not been fully examined by DSW 

personnel. The commenter stated that 

removing the 25 percent off peak 

minimum could improve resource 

availability but remains uncertain as to 

how that change will benefit 

contractors. The commenter asks WAPA 

to improve transparency regarding 

scheduling requirements and 

operational needs. 

Response: WAPA is developing a tool 

to identify contractor minimum 

schedules needed to meet Reclamation 

water release requirements. When P–DP 

contractors schedule less energy than 

Reclamation generates, WAPA may 

need to sell P–DP energy to balance 

hourly loads and resources. WAPA 

intends to produce an hourly minimum 

schedule each month for each 

contractor. The change will benefit P– 

DP contractors by reducing sales of 

short-term surplus energy when such 

energy could have been delivered to P– 

DP contractors and will decrease 

potential WAPA purchases in more 

expensive hours to replace generation 

that was sold. Selling generation and 

replacing it with purchases in more 

expensive hours increases the purchase 

power requirement for the project. 

Consequently, there is a direct 

relationship between potential 

scheduling flexibility and the need for 

purchase power. WAPA intends to 

collaborate with contractors when 

identifying levels of purchase power to 

align with contractors’ preference for 

scheduling flexibility. 

Comment: A commenter stated that 

the proposal does not indicate any 


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limits to the amount of off peak power 

that would have to be required and 

could lead to a further diminishment of 

the value of the P–DP resource by 

eliminating scheduling flexibility and 

requiring contractors to purchase power 

at times when it is non-economic. 

Response: P–DP generation is based 

on Reclamation water release 

requirements. WAPA will continue to 

coordinate with Reclamation to 

optimize generation timing and intends 

to work out a collaborative solution 

with contractors during negotiations of 

electric service contracts and the MSI. 

WAPA received requests specifically 

asking WAPA to reserve the details of 

operational changes to the MSI and 

contracts. 

Comment: A commenter requested 

WAPA confirm that, although the 

scheduling may evolve to a more 

dynamic model, WAPA will provide 

suitable advance notice for contractors 

to schedule the resource for maximum 

benefit. 

Response: WAPA agrees that it is 

beneficial for all parties to receive 

suitable advance notice for scheduling 

parameters. Minimum scheduling 

requirements will be included in the 

MSI. 

Comment: One commenter stated that 

as WAPA reserves the right to enter 

exchange transmission service and other 

related agreements, such reservation of 

authorities should also include WAPA’s 

discretion to manage its interconnection 

queue to meet these objectives. 

Response: Thank you for this 

recommendation. 

Comment: One commenter 

acknowledged that P–DP generation is 

based on Reclamation water orders and 

asked, to the extent possible, for 

increased flexibility to provide peak 

shaving in the summer and to avoid 

competing with solar resources. 

Response: WAPA appreciates the 

recommendation. WAPA acknowledges 

that the energy market has changed with 

the increase in solar resources and there 

are times when P–DP energy is more 

valuable to contractors. WAPA will 

continue to stay engaged in the energy 

market and will collaborate with 

Reclamation to optimize generation 

dispatch within water release 

requirements. 

VIII. General Criteria and Contract 

Principles—Renewable Energy 

Certificates 

Background: Renewable energy 

certificates (RECs) associated with P–DP 

power will be made available to 

contractors and may be sold or 

transferred to third parties, provided 

such sale or transfer is consistent with 

WAPA policy and documented in 

electric service contracts. As stated in 

the responses to clarifying questions 

posted on WAPA’s website, it is 

WAPA’s intention that P–DP RECs will 

be made available to contractors with 

similar flexibility offered to BCP 

contractors; however, the end result for 

P–DP will need to be consistent with 

WAPA policy. 

Comment: Two commenters 

supported WAPA’s RECs proposal and 

requested WAPA to make its RECs 

policy available as soon as practicable 

and before P–DP contract negotiations. 

Response: WAPA is currently working 

on changing its RECs policy and is 

attempting to achieve resolution as soon 

as possible. 

Comment: One commenter strongly 

supported WAPA’s RECs proposal to 

help mitigate rate impacts from 

generation reductions. WAPA was asked 

to consider using similar language as 

that used in the BCP contracts when 

drafting P–DP RECs language to ensure 

contractors receive the ‘‘environmental 

benefits’’ of hydropower. 

Response: WAPA appreciates this 

recommendation and agrees that 

language from the BCP electric service 

contracts may be appropriate for use in 

the P–DP contracts, consistent with 

WAPA policy and project-specific legal 

authorities. 

IX. General Criteria and Contract 

Principles—Undepreciated 

Replacement Advances 

Background: Consistent with the 

current P–DP Advancement of Funds 

contract, new allottees would be 

required to reimburse existing 

contractors for undepreciated 

replacement advances, to the extent 

existing contractors’ allocations are 

reduced as a result of creating the 

resource pool. 

Comment: WAPA received comments 

from three entities supporting the 

requirement for new allottees to 

reimburse existing contractors for 

undepreciated replacement advances. 

Additionally, commenters stated it is 

imperative that potential new allottees 

understand that a P–DP allocation 

includes responsibility for their portion 

of the undepreciated replacement 

advances and understanding how the 

deferred purchase power repayments 

could impact their future rates. The 

commenters noted these issues could 

severely change a potential new 

contractor’s decision to sign the 

contract, especially benefit crediting 

contractors. 

Response: WAPA appreciates the 

supportive comments. It is accurate that 

new potential allottees need to consider 

all costs associated with a P–DP 

allocation, including their share of 

undepreciated replacement advances. 

WAPA agrees that it is prudent for new 

allottees to evaluate the costs and value 

associated with a P–DP allocation, 

especially if a bill crediting or benefit 

crediting partnership will be required. 

WAPA would like to clarify that, as 

stated in its proposal and in the Final 

2028 Plan, deficits incurred during the 

current marketing period will not be 

passed through to new allottees in the 

forthcoming marketing period. Such 

deficits include purchase power 

deficits. 

X. General Criteria and Contract 

Principles—Deficit Repayment 

Background: Deficits for costs 

incurred during a previous marketing 

period will not be passed through to 

new allottees. 

Comment: One commenter stated that 

a portion of the current period deficit 

should be repaid by future potential 

allottees under the new resource pool 

since purchase power expenses were 

accumulated in connection with the 

rewind at Davis Dam and purchase 

power costs related to that outage 

should not be solely borne by the 

existing allottees. 

Response: PPW deficits were incurred 

from fiscal years 2018–2023 when 

challenging hydrological conditions 

were experienced at the same time as 

numerous variables affecting the energy 

market, resulting in higher than 

anticipated P–DP purchase power costs. 

New potential contractors will have a 

different energy product than existing 

contractors, and WAPA’s ability to level 

PPW costs in rates does not mean that 

future contractors should pay for annual 

expenses from the prior marketing 

period. 

It is accurate that the Davis Dam Unit 

3 rewind requires a unit outage and 

results in reduced capacity during the 

current marketing period. However, 

there is not a reduction to energy 

resulting from the outage because 

Reclamation dispatches the same 

amount of generation to maintain water 

releases. The impact to existing 

contractors is not an overall reduction 

in energy, but is from the timing of 

purchases, to the extent WAPA needs to 

buy power due to capacity shortages in 

higher priced hours. Existing 

contractors will experience the benefit 

of WAPA retaining the additional 

capacity for the remainder of the current 

marketing period and that additional 

capacity could help defer power 

purchases in high demand hours. To 

quantify the estimated PPW costs 

associated with this Davis Dam Unit 3 


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outage, WAPA would need to conduct 

a post-hoc analysis to determine when 

WAPA may or may not have purchased 

or sold power in various hours. Such 

analysis would be speculative and 

hypothetical. Therefore, WAPA believes 

that a balanced approach is to not pass 

such outage-related PPW expenses onto 

potential new contractors, but rather 

WAPA may use the unallocated, 

additional capacity from the rewind for 

the remainder of the current marketing 

period to help offset PPW expenses 

incurred during maintenance on the 

unit, thereby benefitting existing 

contractors. 

XI. Changes in the Electric Utility 

Industry 

Comment: Two commenters noted 

expansion of markets in the West and 

requested WAPA to include contract 

language to protect the value of P–DP to 

enable WAPA’s contractors to use the 

resource in current and future energy 

markets. Some of the examples provided 

in which WAPA has worked with 

contractors included use of RECs, 

dynamic signals, and pseudo-ties. The 

commenters requested language to allow 

technical solutions for changing market 

dynamics in the future. 

Response: WAPA appreciates this 

comment. WAPA will work with 

contractors to include language in 

contracts to protect the value of 

contractors’ Federal hydropower 

resources in the event WAPA joins a 

market. 

Comment: A Tribe requested 

government-to-government consultation 

if WAPA continues forward with 

participation in SPP. 

Response: WAPA interprets this 

comment’s reference to SPP as the 

Southwest Power Pool (SPP). WAPA 

appreciates this request and comment. 

Currently, DSW does not intend to 

participate in the SPP regional 

transmission organization or expand 

current market participation with SPP. 

DSW will engage in government-togovernment consultation in the event 

changes to current market participation 

are contemplated. 

XII. Additional Comments 

Comment: Commenters expressed 

appreciation for the effort and careful 

thought that WAPA put into this 

process; WAPA’s effort to preserve the 

existing contractors’ allocations and 

provide a more workable construct for 

future rates; WAPA’s deliberate 

approach to the 2028 marketing plan; 

and WAPA recognizing the impact of 

drought on hydropower generation. 

Response: WAPA appreciates the 

support and engagement throughout this 

process. 

Summary of Revisions to the Proposed 

Plan 

WAPA revised the Proposed 2028 

Plan as a result of the comments 

received during the consultation and 

comment period and public forums. 

Revisions have been made to define the 

intent of the marketing plan more 

clearly; the revisions do not alter the 

substance of the original proposal. The 

revisions are summarized as follows: 

WAPA was asked to clarify the 

meaning of ‘‘prescheduling’’ regarding 

prescheduling timetables for Quarterly 

Energy, Optional Energy, and generation 

forecast changes to Quarterly Energy. 

WAPA provided a response to this 

clarifying question on its website during 

the consultation and comment period. 

WAPA modified references to 

‘‘prescheduling’’ in the Proposed 2028 

Plan to ‘‘day-ahead prescheduling’’ in 

the Final 2028 Plan for enhanced 

clarity. 

In response to recommendations that 

WAPA leave the majority of details 

concerning the implementation of the 

new operational strategy, such as the 

final process and operational changes 

related to estimating, committing, and 

scheduling the hydropower resource, in 

the contract and MSI, WAPA has added 

language in the Final 2028 Plan to 

indicate that additional details will be 

addressed, as appropriate, in FES 

contracts or MSI, which will be 

incorporated into such contracts as an 

attachment. 

The Proposed 2028 Plan stated that 

WAPA expected the addition of 3,750 

kW of capacity resulting from the 

rewind of Davis Dam Unit 5. The unit 

number was incorrect; the rewind will 

occur at Davis Dam Unit 3. WAPA has 

made this correction in the Final 2028 

Plan. 

The Final 2028 Plan clarifies that 

‘‘approximately’’ 3,750 kW of additional 

marketable capacity is expected to be 

available as a result of the rewind of 

Davis Dam Unit 3. The modification was 

necessary because the rewind is not yet 

complete, and the actual capacity gains 

from the rewind cannot be determined 

until the project is complete. 

The Final 2028 Plan clarifies that 

WAPA will allow contractors to use 

transmission capacity, reserved for 

delivery of their P–DP FES allocation, 

for ‘‘contractor-owned or contractorpurchased resources.’’ The Proposed 

2028 Plan used the term, ‘‘contractorowned or -purchased resources.’’ 

The Final 2028 Plan also clarifies that 

transmission used for contractor-owned 

or contractor-purchased resources will 

only be available to contractors after 

minimum scheduling requirements for 

P–DP generation have been met. 

Finally, the Final 2028 Plan fixes an 

error in the statutory citation for Section 

9(c) of the Reclamation Project Act. The 

correct citation is 43 U.S.C. 485h(c). 

Final 2028 Plan 

The Final 2028 Plan provides new 

power marketing criteria for ParkerDavis Project (P–DP). The Final 2028 

Plan addresses: (1) the power to be 

marketed after September 30, 2028, 

which is the termination date for all 

existing P–DP firm electric service (FES) 

contracts; (2) the general terms and 

conditions under which the power will 

be marketed starting on October 1, 2028, 

and going through September 30, 2048; 

and (3) the criteria to determine 

eligibility for allocations from the 

resource pool. 

Within broad statutory guidelines and 

operational constraints of P–DP, WAPA 

has wide discretion as to whom and 

under what terms it will contract for the 

sale of Federal power, if preference is 

accorded to statutorily defined entities. 

WAPA markets power in a manner that 

will encourage the most widespread use 

at the lowest possible rates consistent 

with sound business principles. All 

products and services provided under 

this Final 2028 Plan will be subject to 

the operational requirements and 

constraints of the P–DP, transmission 

availability, purchase power limitations, 

and Federal authorities. WAPA will 

continue a collaborative process in 

implementing the terms set forth in this 

Final 2028 Plan. 

I. Marketable Power Resource 

The primary purpose of P–DP is water 

control and delivery. The water control 

system consists of storage reservoirs that 

provide daily, seasonal, and annual flow 

regulation. Power generated from these 

resources depends on hydrology and 

water operation requirements. 

Some of the power generated by P–DP 

is reserved for priority use by the United 

States (herein referred to as ‘‘Priority 

Use Power’’ or ‘‘PUP’’). PUP is capacity 

and energy required for the 

development and operation of 

Reclamation projects as required by 

legislation (Reclamation project use 

power), and irrigation pumping on 

certain Indian lands. Reclamation 

project use power is defined to mean 

that capacity and energy for 

Reclamation projects in the Lower 

Colorado River Basin. The following is 

a list of facilities and projects for which 

Reclamation project use power is 

reserved: relift and drainage pumps; 


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construction campsites; the Yuma-Mesa 

Irrigation and Drainage District; Gila 

Project drainage pumps; WelltonMohawk Irrigation and Drainage District 

Plant Nos. 1, 2, and 3; and the Colorado 

River Front Work and Levee System. 

Power for irrigation pumping on certain 

Indian lands is defined to mean capacity 

and energy for use in irrigation pumping 

on Indian irrigation projects which are 

adjacent to the Lower Colorado River 

south of Davis Dam and north of the 

border between the United States and 

Mexico. 

P–DP power in surplus to that 

reserved for PUP shall be reserved for 

allocation to existing contractors and a 

resource pool shall be offered to 

potential new contractors, consistent 

with applicable law and the terms and 

conditions provided herein. Power that 

is reserved as PUP, but not presently 

needed, also may be marketed to 

contractors as withdrawable power. 

Withdrawable power is power that can 

be withdrawn for Reclamation project 

use power and power for irrigation 

pumping on Indian lands, which shall 

have equal priority. When PUP is 

requested, WAPA will confirm that the 

power to be withdrawn will be used for 

the above specified purposes, and then 

will withdraw the necessary amount of 

PUP upon a two-year advance notice. 

Withdrawals of power will be made as 

requested and confirmed until the total 

amount of power reserved for priority 

use purposes is in use. 

II. Products and Services 

WAPA will market a fixed amount of 

capacity, referred to as Contract Rate of 

Delivery (CROD), for summer and 

winter seasons. WAPA will have at least 

259,206 kW of marketable capacity in 

the summer and at least 198,337 kW of 

marketable capacity in the winter, 

beginning October 1, 2028, with an 

expected capacity increase of 

approximately 3,750 kW resulting from 

a rewind of Davis Dam Unit 3. The 

summer season for any calendar year is 

the seven-month period beginning the 

first day of P–DP’s March billing period 

and continuing through the last day of 

its September billing period. The winter 

season is the five-month period 

beginning the first day of P–DP’s 

October billing period and continuing 

through the last day of its February 

billing period in the next succeeding 

calendar year. 

Under the existing P–DP marketing 

plan, energy allocations are a fixed 

seasonal amount for the length of 

customers’ contracts and are equal to 

3,441 kWh/kW, a 67 percent capacity 

factor, in the summer season, and 1,703 

kWh/kW, a 47 percent capacity factor, 

in the winter season (49 FR 50582, 

50587; 68 FR 23709). Due to challenging 

hydrological conditions in the Colorado 

River Basin, this methodology has 

imposed increasing financial burdens 

on contractors during the current 

marketing period, as WAPA has been 

required to purchase significant 

amounts of power to meet contractors’ 

firm energy requirements. Accordingly, 

WAPA will eliminate this methodology 

and instead offer energy amounts for 

three-month periods (‘‘Quarterly 

Energy’’) based on Reclamation’s 24- 

month generation projection studies 

(‘‘24-Month Study’’), which are released 

every month. The Quarterly Energy will 

be published for contractors by no later 

than the last day of August for October 

through December, the last day of 

November for January through March, 

the last day of February for April 

through June, and the last day of May 

for July through September, of each year 

during the marketing period. This will 

allow for energy deliveries to be aligned 

with actual generation. Under the Final 

2028 Plan, available generation, less 

PUP (which will be fixed on the same 

terms as under the existing marketing 

plan), will be published for contractors 

in the form of Quarterly Energy based 

on a pro rata share of their seasonal 

CROD. Details for Quarterly Energy will 

be further outlined, as appropriate, in 

FES contracts or Metering and 

Scheduling Instructions (MSI), which 

will be incorporated into such contracts 

as an attachment. 

WAPA will purchase energy on behalf 

of contractors to supplement projected 

hydropower generation (‘‘Optional 

Energy’’), if requested. Contractors must 

elect to purchase Optional Energy from 

WAPA no later than the day before dayahead prescheduling takes place. The 

amount of Optional Energy requested, 

combined with the contractor’s monthly 

energy entitlement pursuant to its 

Quarterly Energy, must not exceed the 

contractor’s CROD scheduled at a 

hundred percent capacity factor 

(contractor’s CROD multiplied by 

twenty-four hours multiplied by the 

number of days in the month). An 

estimated monthly price for Optional 

Energy will be published by WAPA at 

least quarterly but may be revised and 

re-published as conditions dictate. The 

actual costs associated with Optional 

Energy purchased by WAPA will be 

passed through to the contractor who 

elects to receive it. Details for Optional 

Energy will be further outlined, as 

appropriate, in FES contracts or MSI, 

which will be incorporated into such 

contracts as an attachment. 

There may be instances, after 

Quarterly Energy has been published, 

that Reclamation makes significant 

reductions to generation projections. For 

example, sustained periods of 

precipitation and/or run off from water 

sources other than the Colorado River 

can result in water being stored in Lake 

Mead for later use, thereby reducing P– 

DP generation. To minimize power 

purchases resulting from these 

situations, WAPA will revise 

contractors’ monthly energy 

entitlements when significant 

generation reductions occur after 

Quarterly Energy has been published. A 

significant reduction in generation will 

occur when dollars associated with 

projected purchase power requirements 

needed to maintain the Quarterly 

Energy for a particular month exceed 

dollars associated with that month’s 

portion of WAPA’s Annual Purchase 

Power Projection. The Annual Purchase 

Power Projection is an annual estimate 

of what power WAPA will purchase in 

the upcoming fiscal year, from October 

1 through September 30. Currently, 

WAPA’s Annual Purchase Power 

Projection is used as a component of the 

P–DP firm electric service (FES) rate. 

When such significant reductions occur, 

WAPA will publish contractors’ revised 

energy for the month using the reduced 

generation projections. Revised energy 

will continue to be based on a pro rata 

share of contractors’ CROD and will be 

effective no later than one day prior to 

day-ahead prescheduling. Contractors 

may request that WAPA purchase 

Optional Energy on their behalf per the 

terms described above to obtain energy 

following a revision. 

WAPA will designate the portion of 

projected annual generation exceeding a 

kWh calculation of all projected 

marketable capacity (including PUP) 

multiplied by a 67 percent capacity 

factor in the summer season and 47 

percent capacity factor in the winter 

season as ‘‘Excess Energy.’’ If the 

current 24-Month Study generation 

projection for a year exceeds the result 

of the capacity factor calculation 

described above, energy exceeding that 

calculation (Excess Energy) will be 

distributed to all contractors and PUP 

recipients based on a pro rata share of 

their seasonal CROD. Excess Energy will 

be distributed to contractors monthly 

and included as an addition to each 

contractor’s Quarterly Energy. Excess 

Energy will be subject to the same rate 

and payment requirements as other 

available P–DP hydropower. The 24- 

Month Study yearly projections could 

show Excess Energy at the beginning of 

a year, but such Excess Energy may not 

remain at originally projected levels for 

the full year. Excess Energy distributed 


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in part of a year may be subject to 

adjustment in subsequent months if the 

24-Month Study yearly generation 

projection drops below the Excess 

Energy threshold later that year. WAPA 

will establish procedures for designating 

and adjusting Excess Energy in MSI, 

which will be incorporated into the 

electric service contracts, to minimize 

subsequent energy adjustments as much 

as possible. Additional details for 

Excess Energy will be outlined, as 

appropriate, in FES contracts or MSI. 

WAPA also will allow contractors to 

use transmission capacity, reserved for 

delivery of their P–DP FES allocation, 

for contractor-owned or contractorpurchased resources, after hourly 

minimum scheduling requirements have 

been met. Transmission capacity used 

for such energy must not exceed a 

contractor’s CROD. 

III. Resource Extensions and Resource 

Pool Allocations 

WAPA will apply the principles of 

the Power Marketing Initiative (PMI) (10 

CFR 905.30 through 10 CFR 905.37) to 

P–DP for the forthcoming marketing 

period. WAPA will extend 98 percent of 

P–DP marketable resource as of 

September 30, 2028, to existing 

contractors’ CROD, for an additional 20 

years, from October 1, 2028, through 

September 30, 2048. The existing CROD 

for PUP contractors will remain 

unchanged. WAPA will establish a 

single, one-time resource pool of two 

percent of P–DP marketable capacity for 

new allottees. Energy associated with 

the new resource pool will be based on 

a pro rata share of the allottee’s seasonal 

CROD and published in the form of 

Quarterly Energy. Specific terms and 

conditions governing the extensions and 

resource pool are described below. 

A. Extension for Existing Contractors 

WAPA will have at least 259,206 kW 

of marketable capacity in the summer 

and at least 198,337 kW of marketable 

capacity in the winter, beginning 

October 1, 2028. WAPA expects an 

addition of approximately 3,750 kW of 

capacity resulting from the rewind of 

Davis Dam Unit 3, anticipated to be 

available in July 2025 or earlier. The 

actual marketable capacity for the 

forthcoming marketing period will be 

adjusted to include the final Davis Dam 

Unit 3 capacity increase. 

WAPA will extend existing 

contractors’ allocations using the 

formula contained in the PMI: 

‘‘Customer Contract Rate of Delivery 

(CROD) today/total project CROD under 

contract today × project-specific 

percentage × marketable resource 

determined to be available at the time 

future resource extensions begin = 

CROD extended’’ (10 CFR 905.33(a)). 

The creation of a resource pool will not 

affect PUP customers’ CROD. 

In the event any existing contractors 

forfeit or express an intention not to 

extend some or all of their allocations 

prior to October 1, 2028, such resources 

will be returned to the other existing 

contractors on a pro rata basis. 

B. Resource Pool Allocations 

WAPA will establish a resource pool 

by reserving a portion of the power 

available during the forthcoming 

marketing period for allocation to new, 

eligible preference entities, or returned 

to existing contractors if enough new 

preference contractors are not found. 

Allocations for the resource pool will be 

determined through a separate public 

process as described under Call for 

Resource Pool Applications herein. 

The 2028 resource pool will consist of 

two percent of the marketable resources 

available beginning October 1, 2028. 

When reducing existing allocations to 

create the resource pool, WAPA will 

first take energy from existing 

contractors’ withdrawable allocations 

up to the total reduction, when 

available. The remaining reductions will 

come from nonwithdrawable energy. 

C. Eligibility Criteria for Resource Pool 

Allocations 

WAPA will apply the following 

Eligibility Criteria to all applicants 

seeking a resource pool allocation under 

the new marketing plan. 

1. Qualified applicants must meet the 

preference requirements under Section 

9(c) of the Reclamation Project Act of 

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

and supplemented. 

2. Qualified applicants will be located 

within the P–DP marketing area that 

includes: (1) all of the drainage area 

considered tributary to the Colorado 

River below a point one mile 

downstream from the mouth of the Paria 

River (Lees Ferry); (2) the State of 

Arizona, excluding that portion lying in 

the Upper Colorado River Basin; (3) that 

portion of the State of New Mexico lying 

in the Lower Colorado River Basin and 

the independent Quemada Basin lying 

north of the San Francisco River 

drainage area; (4) those portions of the 

State of California lying in the Lower 

Colorado River Basin and in drainage 

basins of all streams draining into the 

Pacific Ocean south of Calleguas Creek; 

and (5) those parts of the States of 

California and Nevada in the Lahontan 

Basin including and lying south of the 

drainages of Mono Lake, Adobe 

Meadows, Owens Lake, Amargosa River, 

Dry Lakes, and all closed independent 

basins or other areas in southern 

Arizona not tributary to the Colorado 

River. 

3. Qualified applicants must not have 

an existing allocation of Federal power 

or be a member of a parent entity that 

has an allocation of Federal power. 

4. Qualified applicants, except Native 

American tribes, must be ready, willing, 

and able to receive and distribute or use 

power from WAPA. Ready, willing, and 

able means that the potential allottee 

has the facilities needed for the receipt 

of power or has made the necessary 

arrangements for transmission and/or 

distribution service; and the potential 

allottee’s power supply contracts with 

third parties permit the delivery of 

WAPA power. 

5. Qualified applicants that desire to 

purchase power from WAPA for resale 

to consumers, including cooperatives, 

public utility districts, public power 

districts and municipalities, must 

achieve electric utility status and have 

necessary arrangements for transmission 

and/or distribution service in place by 

January 31, 2028. Native American 

tribes are not subject to this 

requirement. Electric utility status 

means the applicant has responsibility 

to meet load growth, has a distribution 

system, and is ready, willing, and able 

to purchase P–DP Federal power from 

WAPA on a wholesale basis for resale to 

retail customers. 

6. Qualified Native American 

applicants must be a Native American 

tribe as defined in the Indian Self 

Determination Act of 1975 (25 U.S.C. 

5301, et seq., as amended or 

supplemented). 

7. Qualified applicants must apply in 

response to the Call for Resource Pool 

Applications, as described in the Call 

for Resource Pool Applications section 

herein. Completed applications must be 

received by WAPA within the time 

required in the DATES section. 

D. Allocation Criteria for Resource Pool 

Allocations 

WAPA will apply the following 

Allocation Criteria to all applicants 

seeking a resource pool allocation under 

the new marketing plan. 

1. Allocations will be made in 

amounts as determined solely by WAPA 

in exercise of its discretion consistent 

with its governing authorities and 

considered to be in the best interest of 

the United States. 

2. Allocations will be based on the 

applicant’s load during the calendar 

year prior to the Call for Resource Pool 

Applications or the amount requested, 

whichever is less. 

3. WAPA will base allocations made 

to Native American tribes on the actual 


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Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices 89009 

load experienced during the calendar 

year prior to the Call for Resource Pool 

Applications or the amount requested, 

whichever is less. WAPA may use 

estimated load values if actual load data 

is not available. WAPA will review and 

adjust, where necessary, inaccurate 

estimates received during the allocation 

process. 

4. WAPA will consider allocations 

below 1,000 kW. 

5. Qualified applicants seeking an 

allocation as an aggregated group must 

demonstrate to WAPA’s satisfaction the 

existence of a contractual aggregation 

arrangement prior to WAPA’s notice of 

final allocations. Members of an 

aggregated group must individually and 

collectively meet preference status and 

all other eligibility requirements. 

Qualified applicants aggregating their 

loads will be required to enter into a 

single firm power contract with WAPA, 

with the aggregated group entity as the 

contracting party. 

6. An allottee will have the right to 

purchase power from WAPA only upon 

execution of an electric service contract 

between WAPA and the allottee, and 

satisfaction of all conditions in that 

contract. 

IV. General Criteria and Contract 

Principles 

WAPA will apply the following 

criteria and contract principles to all 

contracts executed under the new 

marketing plan: 

A. Electric service contracts shall be 

executed no later than May 31, 2028, 

unless otherwise agreed to in writing by 

WAPA. 

B. Contracts will include clauses 

specifying criteria that contractors must 

meet on a continuous basis to be eligible 

to receive electric service from WAPA. 

C. All power supplied by WAPA will 

be delivered pursuant to MSI, which 

will be part of contractors’ electric 

service contracts. 

D. Contracts shall provide for WAPA 

to furnish electric service effective 

October 1, 2028, through September 30, 

2048. 

E. Contracts shall incorporate 

WAPA’s standard provisions for electric 

service contracts, integrated resource 

plans, and General Power Contract 

Provisions, as determined by WAPA. 

F. WAPA will adopt a new minimum 

scheduling requirement that aligns with 

Reclamation’s generation schedule and 

how energy is scheduled within the 

Western Interconnection. WAPA 

intends for contractors to receive the 

maximum benefit of their resource 

allocations while accommodating the 

following goals: meeting Reclamation’s 

water requirements; reducing purchase 

power and wheeling costs; and 

minimizing sales of energy in low load 

hours. WAPA will develop a tool that 

uses Reclamation’s 24-Month Study 

data, the status of generators, water 

volumes and elevation, reduced water 

releases, hourly pricing and projected 

hourly load, and other relevant 

information to model and produce an 

optimized monthly capacity and 

monthly minimum energy requirement 

for each contractor. Prior to the 

execution of contracts for the 2028–2048 

marketing period, WAPA will provide 

examples of methods being considered, 

seek feedback from existing contractors 

and potential new allottees, and select 

which option provides the greatest 

flexibility and achieves the goals 

identified herein. Minimum scheduling 

requirements will be included in the 

MSI. 

G. WAPA may, as it deems reasonable 

and necessary, enter into other 

agreements such as: transmission 

service agreements, interchange 

agreements, reserve agreements, load 

regulation agreements, exchange 

agreements, maintenance and 

emergency service agreements, power 

pooling agreements, or other 

transactions. 

H. P–DP will remain operationally 

integrated with the Boulder Canyon 

Project, subject to applicable operational 

restraints of the Bureau of Reclamation, 

applicable laws, and the other 

requirements of the marketing plan. 

I. WAPA, at its discretion and sole 

determination, reserves the right to 

adjust the CROD on five years’ written 

notice in response to changes in 

hydrology and river operations. Such 

adjustments will take place only after 

WAPA conducts a public process. 

J. Renewable energy certificates 

associated with P–DP power will be 

made available to contractors and may 

be sold or transferred to third parties, 

provided such sale or transfer is 

consistent with WAPA policy and 

documented in electric service 

contracts. 

K. Each entity is ultimately 

responsible for obtaining its own 

delivery or other arrangements to its 

load. Transmission service over the P– 

DP system will be provided in 

accordance with Part V of this Final 

2028 Plan. 

L. WAPA may develop rate schedules 

for services provided under the Final 

2028 Plan. Such rates will be developed 

through a separate public process. 

M. Contractors must pay all 

applicable rates and charges in the 

manner and within the time prescribed 

in the contract. 

N. P–DP will remain financially 

segregated for the purposes of 

accounting and project repayment. 

Beginning June 1, 2005, and until the 

end of the repayment period for the 

Central Arizona Project, P–DP provides 

for surplus revenues by including the 

equivalent of 41⁄2 mills per kWh in the 

rates charged to contractors in Arizona 

and by including the equivalent of 21⁄2

mills per kWh in the rates charged to 

contractors in California and Nevada. 

After the repayment period for the 

Central Arizona Project, the equivalent 

of 21⁄2 mills per kWh shall be included 

in the rate charged to all contractors in 

Arizona, Nevada, and California. 

O. Consistent with the current P–DP 

Advancement of Funds contract, new 

allottees will be required to reimburse 

existing contractors for undepreciated 

replacement advances, to the extent 

existing contractors’ allocations are 

reduced as a result of creating the 

resource pool. New allottees who 

receive an allocation will be required to 

prepay for service according to the 

applicable rate schedule and may 

participate in advance funding of 

WAPA’s and Reclamation’s operation 

and maintenance expenses, consistent 

with the existing Advancement of 

Funds contract, or an updated version of 

the contract that addresses the status of 

P–DP, as appropriate. 

P. Deficits for costs incurred during a 

previous marketing period will not be 

passed through to new allottees. 

V. Transmission Service 

P–DP power will be delivered to 

designated points of delivery on 

WAPA’s P–DP transmission system. 

Contractors must secure all necessary 

transmission service to deliver Federal 

power beyond WAPA’s P–DP 

transmission system. WAPA may assist 

new contractors in obtaining third-party 

transmission arrangements for delivery 

of firm power allocated during the 

forthcoming marketing period. WAPA 

will determine the use of its 

transmission resources concurrently 

with further development of the 

products and services under this Final 

2028 Plan. A list of designated delivery 

points will be provided on WAPA’s 

website at https://www.wapa.gov/aboutwapa/regions/dsw/pdpremarketing/. 

WAPA will market surplus transmission 

capacity on P–DP under WAPA’s Open 

Access Transmission Tariff and other 

applicable arrangements. 

Call for Resource Pool Applications 

The Final 2028 Plan describes how 

WAPA will market its P–DP power 

resources beginning October 1, 2028, 

through September 30, 2048. As part of 


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89010 Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices 

2The determination was done in compliance with 

NEPA (42 U.S.C. 4321 through 4347); the Council 

on Environmental Quality Regulations for 

implementing NEPA (40 CFR parts 1500 through 

1508); and DOE NEPA Implementing Procedures 

and Guidelines (10 CFR part 1021). 

the Final 2028 Plan, WAPA is creating 

a resource pool to offer two percent of 

P–DP’s marketable power resource to 

qualified applicants. WAPA, at its 

discretion, will allocate the resource 

pool to selected applicants that meet the 

Eligibility Criteria and Allocation 

Criteria defined in the Final 2028 Plan. 

The process by which WAPA will make 

final allocation decisions and 

implement such allocations is outlined 

below. 

I. Applications for Power 

Through this Federal Register notice, 

WAPA formally requests applications 

from qualified preference entities 

seeking to purchase power from P–DP 

from October 1, 2028, through 

September 30, 2048. Existing 

contractors do not need to submit an 

application. All applicants must submit 

applications using the APD form so that 

WAPA has a uniform basis upon which 

to evaluate the applications. To be 

considered, applicants must meet the 

Eligibility Criteria and Allocation 

Criteria contained in the Final 2028 

Plan and must submit a completed APD 

application form by the deadline 

specified in the DATES section. To 

ensure full consideration is given to all 

applicants, WAPA will not consider 

requests for power or applications 

submitted before publication of this 

Federal Register notice or after the 

deadlines specified in the DATES section. 

A list of designated delivery points 

will be provided on WAPA’s website at 

https://www.wapa.gov/about-wapa/ 

regions/dsw/pdpremarketing/. 

II. Applicant Profile Data 

The APD form has been approved by 

the Office of Management and Budget 

under Control No. 1910–5136. 

Applications may be submitted by mail 

or email, as described in the ADDRESSES

section. APD forms are available on 

WAPA’s website at https://

www.wapa.gov/about-wapa/regions/ 

dsw/pdpremarketing/ or by request to 

Jennifer Henn, Power Marketing 

Advisor, Desert Southwest Region, 

Western Area Power Administration, 

(602) 605–2572 or email: pdpremarketing@wapa.gov. It is the 

applicant’s responsibility to ensure it 

submits its application in a timely 

manner, so WAPA receives the 

applications before the date and time 

stated in the DATES section. 

Applicants must provide all 

information requested on the APD form, 

if available and applicable. Please 

indicate if the requested information is 

not applicable or not available. WAPA 

may request, in writing, additional 

information from any applicant whose 

application is deficient. The applicant 

will have 10 business days from the date 

on WAPA’s request to provide the 

information. In the event an applicant 

fails to provide all information to 

WAPA, the application will not be 

considered. 

The information in the APD form 

should be answered as if prepared by 

the entity/organization seeking the 

allocation of Federal power. 

The information collected under this 

process will not be part of a system of 

records covered by the Privacy Act and 

may be available under the Freedom of 

Information Act. If you are submitting 

any confidential or business sensitive 

information, please mark such 

information before submitting your 

application. 

III. Recordkeeping Requirement 

If WAPA accepts an application and 

the applicant receives an allocation of 

Federal power, the applicant must keep 

all information related to the APD for a 

period of 3 years after signing a contract 

for Federal power. There is no 

recordkeeping requirement for 

unsuccessful applicants who do not 

receive an allocation of Federal power. 

WAPA has obtained Office of 

Management and Budget Clearance 

Number 1910–5136 for collection of the 

above information. The APD form is 

collected to enable WAPA to properly 

perform its function of marketing 

limited amounts of Federal hydropower. 

The data supplied will be used by 

WAPA to evaluate who will receive an 

allocation of Federal power. 

IV. Contracting Process 

After WAPA has evaluated the 

applications, WAPA will publish a 

notice of Proposed 2028 Allocations in 

the Federal Register. The public will 

have an opportunity to comment on the 

Proposed 2028 Allocations. After 

reviewing the comments, WAPA will 

publish a notice of Final 2028 

Allocations in the Federal Register. 

WAPA will begin the contracting 

process with the new allottees after 

publishing final allocations in the 

Federal Register, tentatively scheduled 

for summer 2026. WAPA will offer a pro 

forma contract for power allocated 

under the Final 2028 Allocations. 

Allottees will be required to sign their 

electric service contract for WAPA to 

execute no later than May 31, 2028. 

Electric service contracts will be 

effective upon WAPA’s signature, and 

service will begin on October 1, 2028, 

and continue through September 30, 

2048. 

Legal Authorities 

WAPA developed the Final 2028 Plan 

and Call for Resource Pool Applications 

in accordance with its power marketing 

authorities pursuant to the Department 

of Energy Organization Act (42 U.S.C. 

7101, et seq.); the Reclamation Act of 

June 17, 1902 (32 Stat. 388), as amended 

and supplemented by subsequent 

enactments, particularly section 9(c) of 

the Reclamation Project Act of 1939 (43 

U.S.C. 485h(c)); and other acts 

specifically applicable to P–DP. 

Procedural Requirements 

Review Under the Paperwork Reduction 

Act 

In accordance with the Paperwork 

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

et seq.), WAPA has received approval 

from the Office of Management and 

Budget for the collection of customer 

information under control number 

1910–5136. 

Environmental Compliance 

WAPA has determined this action fits 

within the following categorical 

exclusions listed in appendix B to 

subpart D of 10 CFR part 1021: B4.1 

(Contracts, policies, and marketing and 

allocation plans for electric power) and 

B4.4 (Power marketing services and 

activities). Categorically excluded 

projects and activities do not require 

preparation of either an environmental 

impact statement or an environmental 

assessment.2 A copy of the categorical 

exclusion determination is available on 

WAPA’s website under the 2024 

accordion menu at www.wapa.gov/ 

about-wapa/regions/dsw/environment. 

Determination Under Executive Order 

12866 

WAPA 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 30, 2024, 

by Tracey A. LeBeau, Administrator, 

Western Area Power Administration. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices 89011 

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 November 6, 

2024. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2024–26162 Filed 11–8–24; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–12302–01–R5] 

Charter Renewal for the Great Lakes 

Advisory Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of charter renewal for the 

Great Lakes Advisory Board. 

SUMMARY: Notice is hereby given that 

the Environmental Protection Agency 

(EPA) has determined that, in 

accordance with the provisions of the 

Federal Advisory Committee Act 

(FACA), the EPA Great Lakes Advisory 

Board is a necessary committee which is 

in the public’s interest. Accordingly, the 

Advisory Board will be renewed for an 

additional two-year period. The purpose 

of the Advisory Board is to provide 

advice and recommendations to the EPA 

Administrator through the Great Lakes 

National Program Manager on matters 

related to the Great Lakes Restoration 

Initiative and on domestic matters 

related to the implementation of the 

Great Lakes Water Quality Agreement. 

The Advisory Board’s major objectives 

are to provide advice and 

recommendations on: Great Lakes 

protection and restoration activities; 

long term goals, objectives and priorities 

for Great Lakes protection and 

restoration; and other issues identified 

by the Great Lakes Interagency Task 

Force/Regional Working Group. 

FOR FURTHER INFORMATION CONTACT: 

Alana Davicino, Designated Federal 

Officer, Great Lakes National Program 

Office, U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, (G– 

9J), Chicago, Illinois; telephone number: 

312–886–2307, email address: 

davicino.alana@epa.gov. 

Dated: November 5, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–26116 Filed 11–8–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2024–0058; FRL–11681–09– 

OCSPP] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients—September 2024 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before December 12, 2024. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2024–0058, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting and visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madison H. Le, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511M), main telephone number: (202) 

566–1400, email address: 

BPPDFRNotices@epa.gov. The mailing 

address for each contact person is Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

As part of the mailing address, include 

the contact person’s name, division, and 

mail code. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Registration Applications 

EPA has received applications to 

register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the provisions of FIFRA 

section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA 

is hereby providing notice of receipt and 

opportunity to comment on these 

applications. Notice of receipt of these 

applications does not imply a decision 

by the Agency on these applications. 

For actions being evaluated under EPA’s 

public participation process for 

registration actions, there will be an 

additional opportunity for public 

comment on the proposed decisions. 

Please see EPA’s public participation 

website for additional information on 

this process (https://www.epa.gov/ 

pesticide-registration/publicparticipation-process-registrationactions). 

Notice of Receipt—New Active 

Ingredients 

1. File Symbol: 70552–G. Docket ID 

number: EPA–HQ–OPP–2024–0429. 

Applicant: Sinon Corporation, 1F., No. 

101, Nanrong Road Dadu District, RC– 

43245 Taichung, Taiwan (c/o SciReg, 

Inc., 12733 Director’s Loop, 

Woodbridge, VA 22192). Product name: 

Bacillus velezensis strain CL3. Active 

ingredient: Fungicide and bactericide— 

Bacillus velezensis strain CL3 at 


khammond on DSKJM1Z7X2PROD with NOTICES