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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 90032-90036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26471]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[245A2100DD/AAKC001030/A0A501010.999900]

Mission Valley Power Project, Montana--Power Rate Adjustment

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rate adjustment.

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SUMMARY: The Bureau of Indian Affairs (BIA) proposes to adjust electric 
power rates for the Mission Valley Power Project (MVP). We are required 
to establish rates to recover the costs to administer, operate, 
maintain, and rehabilitate the MVP. We request your comments on the 
proposed rate adjustments.

DATES: Interested parties may submit comments on the proposed rate 
adjustments on or before December 16, 2024.

ADDRESSES: All comments on the proposed rate adjustments must be in 
writing. You may send comments via email to [email protected]. Please 
reference ``Rate Adjustment for MVP Project'' in the subject line. Or 
you may submit comments to: Program Specialist, Division of Water and 
Power, Office of Trust Services, 2021 4th Avenue North, Billings, MT 
59101.

FOR FURTHER INFORMATION CONTACT: Mr. Shane Hendrickson, Flathead Agency 
Superintendent, Bureau of Indian Affairs, P.O. Box 40, Pablo, Montana 
59855, (406) 675-2700, Ext. 1301. Individuals in the United States who 
are deaf, deafblind, hard of hearing, or have a speech disability may 
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: The table in this notice provides current 
and proposed electric power rates for 2024, 2025, and 2026.

What is the meaning of key terms used in this notice?

    BIA means the Bureau of Indian Affairs within the United States 
Department of the Interior or the BIA's authorized representative.
    Bill means our written statement notifying you of the charges and/
or fees you owe the United States for the administration, operation, 
maintenance, rehabilitation, and/or construction of the electric power 
utility servicing you.
    CFR means Code of Federal Regulations.
    Customer means any person or entity to whom we provide service.
    Customer service is the assistance or service provided to 
customers, except for the actual delivery of electric power or energy. 
Customer service may include line extension, system upgrade, meter 
testing, connections or disconnection, special meter reading, or other 
assistance or service as provided in the utility's Operations Manual.
    Day(s) means calendar day(s).

[[Page 90033]]

    Demand is measured in kilowatts by the utility's meter and 
represents the rate at which electricity is consumed in a fifteen-
minute period of maximum use.
    Electric power means the energy we deliver to meet customers' 
electrical needs.
    Electric power rate means the charges we establish for delivery of 
energy to our customers, which includes administration costs and 
operation and maintenance costs in addition to the cost of purchased 
power.
    Electric power utility means all structures, equipment, components, 
and human resources necessary for the delivery of electric service.
    Electric service means the delivery of electric power by our 
utility to our customers.
    Energy means electric power.
    Fee (see Service fee).
    I, me, my, you, and your means all interested parties, especially 
persons or entities to which we provide service and receive use of our 
electric power service.
    Must means an imperative or mandatory act or requirement.
    Purchased power means the power we must purchase from power 
marketing providers for resale to our customers to meet changing power 
demands. Each of our utilities establishes its own power purchasing 
agreements based on its power demands and firm power availability.
    Rate (see Electric power rate).
    Reserve Funds means funds held in reserve for maintenance, repairs, 
or unexpected expenses.
    Revenue means the monies we collect from our customers through 
service fees and electric power rates.
    Service (see Electric service).
    Service fee means our charge for providing or performing a specific 
administrative or customer service.
    Utility(ies) see (Electric power utility).
    We, us, and our means the United States Government, the Secretary 
of the Interior, the BIA, and all who are authorized to represent us in 
matters covered under this notice.

Does this notice affect me?

    This notice affects you if we provide you electric service. MVP is 
a federally-owned power utility, operated and maintained by the 
Confederated Salish and Kootenai Tribes through a contract pursuant to 
the Indian Self-Determination and Education Assistance Act of 1975, 
Public Law 93-638, 25 U.S.C. 5301 et seq. (formerly codified at 25 
U.S.C. 450 et seq.). MVP provides service to customers located within 
the Flathead Indian Reservation and to areas in Flathead, Lake, 
Missoula, and Sanders counties in Montana. MVP provides power for 
residential, governmental, irrigation, commercial, and industrial uses.

Where can I get information on the regulatory and legal citations in 
this notice?

    You can contact us using the addresses provided at the beginning of 
this notice, or you can use the internet site for the Government 
Printing Office at http://www.gpo.gov.

Why are you publishing this notice?

    We are publishing this notice to inform you that we propose to 
adjust our electric power rates. This notice is published in accordance 
with BIA's regulations governing its operation and maintenance of power 
projects, found at 25 CFR part 175. This regulation provides for the 
establishment and publication of rates for electric power assessments 
as well as related information about our power projects.

What authorizes you to issue this notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by 5 U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c; Act of 
March 7, 1928 (45 Stat. 212-213), as amended; Act of May 25, 1948, 
Public Law 554 (62 Stat. 269-273), as amended; Act of August 31, 1951 
(65 Stat. 248); Act of December 23, 1981, section 112 (95 Stat. 1404). 
The Secretary has in turn delegated this authority to the Assistant 
Secretary--Indian Affairs under part 209, chapter 8.1A, of the 
Department of the Interior's Departmental Manual.

How do you calculate electric power rates?

    We calculate electric power rates by estimating the costs of energy 
delivery to our customers, which includes administration costs and 
operation and maintenance costs in addition to the cost of purchased 
power. Operation and maintenance costs include maintenance of a reserve 
fund to make repairs and replacements to the utility, defray emergency 
expenses, ensure the continuous operation of the power system, and pay 
other allowable expenses and obligations to the extent required or 
permitted by law. The result of this calculation is stated in the rate 
table in this notice.

How do we know how much rate increase is needed?

    We completed a review of MVP's rates in accordance with 25 CFR 
175.205 to: (a) determine if our financial requirements are being met 
to ensure the reliable operation of the utility; and (b) determine if 
revenues are sufficient to meet our statutory requirements. We have 
determined a rate increase is needed to ensure MVP can pay its expenses 
and ensure continuous operation of the power system.

When will you put the rate adjustments into effect?

    Interested parties have an opportunity to provide comments, and 
they will be considered before proposed rate adjustments go into 
effect. We plan to put the 2024 rate adjustment into effect this fall. 
The 2025 rate adjustment will be effective March 1, 2025. The 2026 rate 
adjustment will be effective March 1, 2026.

Will any additional monthly rates apply?

    We may add a purchased power cost adjustment to certain categories 
in the below table. This adjustment is the amount (rounded to the 
nearest $0.0001) that MVP pays to its power suppliers. When MVP 
experiences unforeseen increases in the cost of purchased power, we may 
adjust the existing electric power rate and put it into effect 
immediately. MVP will publish the purchased power changes in the local 
newspaper and adjust the purchased power component of your bill 
accordingly. Such changes are not included in the procedure for 
adjusting electric power rates because unforeseen increases in the cost 
of purchased power are: (a) not under our control; (b) determined by 
current market rates; and (c) subject to market fluctuations that can 
occur at an undetermined time and frequency.

Are there restrictions on my use of power?

    You must use any power that we supply you only on your property. 
You may not resell any power that we supply to you.

What if I have more than one meter?

    If you have more than one meter, we will calculate a separate bill 
for each meter.

When should I pay my power bill?

    We will mail or email your bill notifying you (a) the amount you 
owe to the United States and (b) when such amount is due. You should 
pay your bill by the due date stated on the bill.

[[Page 90034]]

What information must I provide for billing purposes?

    All responsible parties are required to provide the following 
information to the billing office associated with MVP:
    (1) The full legal name of the person or entity responsible for 
paying the bill;
    (2) An adequate and correct address for mailing our bill; and
    (3) The taxpayer identification number or social security number of 
the person or entity responsible for paying the bill.

Why are you collecting my taxpayer identification number or social 
security number?

    Public Law 104-134, the Debt Collection Improvement Act of 1996, 
requires that we collect the taxpayer identification number or social 
security number before billing a responsible party and as a condition 
to servicing the account.

What can happen if I do not provide the information required for 
billing purposes?

    We can refuse to provide you electrical service.

If I allow my bill to become past due, could this affect my electrical 
service?

    Yes. 25 CFR 175.315(b) states: ``If your bill is past due we may: 
(1) Disconnect your service; and (2) Not reconnect your service until 
your bill, including any applicable fees, is paid in full.'' Specific 
regulations regarding non-payment can be found in 25 CFR 143.5(c).

Are there any additional charges if I am late paying my bill?

    Yes. We are required to assess interest, penalties, and 
administrative costs on past due bills in accordance with 31 U.S.C. 
3717 and 31 CFR 901.9.

What else will happen to my past due bill?

    If you do not pay your bill or make payment arrangements to which 
we agree, we are required to transfer your past due bill to the 
Department of the Treasury for further action. Pursuant to 31 CFR 
285.12, bills that are 120 days past due will be transferred to 
Treasury.

What electric power rates are proposed for adjustment by this notice?

    The rate table below contains the present electric power rates for 
MVP. The table also contains proposed rates for 2024, 2025, and 2026. 
An asterisk immediately following the rate category notes where rates 
are proposed for adjustment.

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                                                                   Proposed 2024   Proposed 2025   Proposed 2026
                  Rate category                    Present rate        rate            rate            rate
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                                            Residential (See Note #1)
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Basic Charge per month *........................          $17.50          $22.00          $23.50          $27.00
Basic Charge (Pre-Pay Meters) *.................           21.00           26.40           28.20           32.40
Basic Charge (Net Meters) *.....................           20.00           27.00           28.50           32.00
Energy Charge:
    Each kilowatt-hour between 0-1,000 *........          0.0812          0.0828          0.0880          0.0901
    Each kilowatt-hour between 1,001-2,000 *....          0.0908          0.0926          0.0983          0.1007
    Each kilowatt-hour over 2,000 *.............          0.1126          0.1148          0.1219          0.1249
Demand charge per kilowatt *....................            0.25            0.40            0.60            0.80
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              Small General Service (maximum monthly demand of 25 kilowatts or less) (See Note #1)
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Basic Charge per month *........................           17.50           22.00           23.50           27.00
Basic Charge (Pre-Pay Meters) *.................           21.00           26.40           28.20           32.40
Basic Charge (Net Meters) *.....................           20.00           27.00           28.50           32.00
Energy charge per kilowatt-hour *...............          0.1034          0.1046          0.1113          0.1136
Demand charge per kilowatt *....................            0.30            0.50            0.75            1.00
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                      General Service (monthly demand of 26--1,000 kilowatts) (See Note #1)
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Basic charge per month:
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    Single Phase *..............................           32.50           40.75           43.50           50.00
    Single Phase (Net Meters) *.................           37.50           45.75           48.50           55.00
    Three Phase *...............................           53.25           66.75           71.25           81.92
    Three Phase (Net Meters) *..................           61.50           75.00           79.50           90.17
Energy Charge per kilowatt-hour *...............          0.0753          0.0761          0.0797          0.0797
Demand Charge per kilowatt * -..................            4.50            5.00            5.25            5.75
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                     New Large Single Load (monthly demand over one megawatt) (See Note #2)
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Basic Charge per month..........................           45.00           45.00           45.00           45.00
Energy Charge:
    Each kilowatt-hour between 0-730,000........          0.0753          0.0753          0.0753          0.0753
    Each kilowatt-hour over 730,000.............         0.06395         0.06395         0.06395         0.06395
Demand charge [supcaret]                                    4.50            4.50            4.50            4.50
Per kilowatt up to 1,000                                    4.10            4.10            4.10            4.10
Per kilowatt over 1,000
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                                                   Area Lights
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LED Light *.....................................           10.05           12.57           13.43           15.43
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[[Page 90035]]

 
                                        Unmetered Services (See Note #3)
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Basic Charge *..................................           17.50           22.00           23.50           27.00
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                                            Street Lighting (Metered)
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Basic Charge *..................................           10.00           12.57           13.43           15.43
Energy Charge *.................................          0.1034          0.1046          0.1113          0.1136
                                           Street Lighting (Unmetered)
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LED Light *.....................................            7.20            8.50            9.10            9.55
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                                            Irrigation (See Note #4)
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Basic charge per month *........................            5.00           10.00           15.00           20.00
Energy charge per kilowatt hour *...............          0.0712          0.0719          0.0720          0.0746
Demand Charge per kilowatt * [caret]............            3.00            4.00            5.25            5.75
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* Notes rate categories proposed for adjustment.
[supcaret] We may apply a power factor penalty to Irrigation, General Service--Three Phase, and New Large Single
  Load customers.
Note #1. Residential and Small General Service customers may opt into the ``Pre-Pay Meters'' or ``Net Meters''
  programs. General Service customers may opt into the ``Net Meters'' program. For the Pre-Pay Meters program,
  customers must pre-pay a minimum of $50.00 fee at time of account setup. Any prepayment is credited to the
  account and applied to the customer's future usage and demand charges. Pre-Pay customers are required to keep
  a positive balance in their account, or the meter will shut off automatically. Net Metering allows customer-
  owned renewable generation to interconnect with MVP's distribution system.
Note #2. Customers with monthly demand of over three megawatts will be subject to other rates, as determined by
  MVP on a case-by case basis, and may be required to make a deposit of two months of estimated service.
Note #3. Unmetered Services refers to customers, using kilowatt hours without a meter, that do not fall under
  one of MVP's other rate categories. Includes traffic lights, billboards, and telephone booths.
Note #4. Irrigation customers may receive a Bonneville Power Administration (BPA) discount for the months of May
  through September. BPA generally provides an irrigation discount to assist the agricultural sector in rural
  Northwest communities. After BPA provides MVP with the final irrigation discount rate, we will issue the
  discount as an annual credit on qualified irrigation customers' bills.

Consultation and Coordination With Tribal Governments (Executive Order 
13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
notice under the Department's consultation policy and under the 
criteria of Executive Order 13175 and have determined there to be 
substantial direct effects on federally recognized Tribes because the 
electric power utilities are located on or associated with Indian 
reservations. To fulfill its consultation responsibility to Tribes and 
Tribal organizations, BIA communicates, coordinates, and consults on a 
continuing basis with these entities on issues of electric power 
delivery, electric power availability, and costs of administration, 
operation, maintenance, and rehabilitation of our utilities that 
concern them. This is accomplished at the individual power utility by 
utility, agency, and regional representatives, as appropriate, in 
accordance with local protocol and procedures. This notice is one 
component of our overall coordination and consultation process to 
provide notice to, and request comments from, these entities when we 
adjust electric power rates.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (Executive Order 13211)

    The proposed rate adjustments are not a significant energy action 
under the definition in Executive Order 13211. A Statement of Energy 
Effects is not required.

Civil Justice Reform (Executive Order 12988)

    This notice complies with the requirements of Executive Order 
12988. Specifically, in issuing this notice, the Department has taken 
the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct as required by section 3 of Executive Order 12988.

Regulatory Planning and Review (Executive Order 12866)

    These proposed rate adjustments are not a significant regulatory 
action and do not need to be reviewed by the Office of Management and 
Budget under Executive Order 12866.

Regulatory Flexibility Act

    These proposed rate adjustments are not a rule for the purposes of 
the Regulatory Flexibility Act because they establish ``a rule of 
particular applicability relating to rates.'' 5 U.S.C. 601(2).

Takings (Executive Order 12630)

    These proposed rate adjustments do not effect a taking of private 
property or otherwise have ``takings'' implications under Executive 
Order 12630. The proposed rate adjustments do not deprive the public, 
State, or local governments of rights or property.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, these 
proposed rate adjustments do not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement because they will not affect the States, the relationship 
between the national government and the States, or the distribution of 
power and responsibilities among the various levels of government. A 
federalism summary impact statement is not required.

National Environmental Policy Act

    The Department has determined that these proposed rate adjustments 
do not constitute a major Federal action significantly affecting the 
quality of the human environment. A detailed statement under the 
National Environmental Policy Act of 1969 (NEPA) is not required 
because the

[[Page 90036]]

proposed rate adjustments are of an administrative, financial, legal, 
technical, or procedural nature. (For further information see 43 CFR 
46.210(i)). We have also determined that the proposed rate adjustments 
would not involve any of the extraordinary circumstances listed in 43 
CFR 46.215 that would require further analysis under NEPA.

Paperwork Reduction Act of 1995

    These proposed rate adjustments do not affect the collections of 
information which have been approved by the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0021 
and expires March 31, 2026.

Unfunded Mandates Reform Act of 1995

    These proposed rate adjustments do not impose an unfunded mandate 
on State, local, or Tribal governments in the aggregate, or on the 
private sector, of more than $130 million per year. They do not have a 
significant or unique effect on State, local, or Tribal governments or 
the private sector. Therefore, the Department is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.).

Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2024-26471 Filed 11-13-24; 8:45 am]
BILLING CODE 4337-15-P
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