2390 Federal Register / Vol. 63, No. 10 / Thursday, January 15, 1998 / Notices

DEPARTMENT OF ENERGY

Southwestern Power Administration

Robert Douglas Willis Hydro Power

Rate Approving a Power Rate Increase

on an Interim Basis

AGENCY: Southwestern Power

Administration, DOE.

ACTION: Notice of rate order.

SUMMARY: The Deputy Secretary acting

under Amendment No. 3 to Delegation

Order No. 0204–108, dated November

10, 1993, has approved Rate Order No.

SWPA–36 which increases the power

rate for the Robert Douglas Willis Hydro

Project. This is an interim approval of

the rate effective January 1, 1998,

through September 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Forrest E. Reeves, Assistant

Administrator, Office of Corporate

Operations, Southwestern Power

Administration, Department of Energy,

P.O. Box 1619, Tulsa, Oklahoma 74101–

1619.

SUPPLEMENTARY INFORMATION: The

existing rate for the Robert Douglas

Willis Hydro Project is $266,928 per

year. The rate was approved on a final

basis by the Federal Energy Regulatory

Commission on January 28, 1997, for a

period ending September 30, 2000.

On September 24, 1997, the

Southwestern Power Administration

(Southwestern) published notice in the

Federal Register, 62 FR 49976 of its

proposed rate increase for the Robert

Douglas Willis Hydro Project and to

provide a 45-day comment period. One

comment indicating no objection to the

proposed rate increase was received

from the sole customer, Sam Rayburn

Municipal Power Agency.

Following review of Southwestern’s

proposal within the Department of

Energy, I approved, Rate Order No.

SWPA–36, which increases the existing

Robert Douglas Willis Rate to $302,928

per year for the period January 1, 1998,

through September 30, 2001.

Dated: January 7, 1998.

Elizabeth A. Moler,

Deputy Secretary.

Order Confirming, Approving and

Placing Increased Power Rate in Effect

on an Interim Basis

Rate Order No. SWPA–36

January 1, 1998.

In the matter of: Southwestern Power

Administration—Robert D. Willis

Pursuant to Sections 302(a) and

301(b) of the Department of Energy

Organization Act, Public Law 95–91, the

functions of the Secretary of the Interior

and the Federal Power Commission

under Section 5 of the Flood Control

Act of 1944, 16 U.S.C. 825s, for the

Southwestern Power Administration

(Southwestern) were transferred to and

vested in the Secretary of Energy. By

Delegation Order No. 0204–108,

effective December 14, 1983, 48 FR

55664, the Secretary of Energy delegated

to the Deputy Secretary of Energy on a

non-exclusive basis the authority to

confirm, approve and place into effect

on an interim basis power and

transmission rates, and delegated to the

Federal Energy Regulatory Commission

(FERC) on an exclusive basis the

authority to confirm, approve and place

in effect on a final basis, or to

disapprove power and transmission

rates. Amendment No. 1 to Delegation

Order No. 0204–108, effective May 30,

1986, 51 FR 19744, revised the

delegation of authority to confirm,

approve and place into effect on an

interim basis power and transmission

rates to the Under Secretary of Energy

rather than the Deputy Secretary of

Energy. This delegation was reassigned

to the Deputy Secretary of Energy by

Department of Energy (DOE) Notice

1110.29, dated October 27, 1988, and

clarified by Secretary of Energy Notice

SEN–10–89, dated August 3, 1989, and

subsequent revisions. By Amendment

No. 2 to Delegation Order No. 0204–108,

effective August 23, 1991, 56 FR 41835,

the Secretary of the Department of

Energy revised Delegation Order No.

0204–108 to delegate to the Assistant

Secretary, Conservation and Renewable

Energy, the authority which was

previously delegated to the Deputy

Secretary in that Delegation Order. By

Amendment No. 3 to Delegation Order

No. 0204–108, effective November 10,

1993, 58 FR 59717, the Secretary of

Energy revised the delegation of

authority to confirm, approve and place

into effect on an interim basis power

and transmission rates by delegating

that authority to the Deputy Secretary of

Energy. This rate order is issued by the

Deputy Secretary pursuant to said

Amendment to Delegation Order No.

0204–108.

Background

Dam B (Town Bluff Dam), located on

the Neches River in eastern Texas

downstream from the Sam Rayburn

Dam, was originally constructed in 1951

by the U.S. Army Corps of Engineers

(Corps) and provides streamflow

regulation of releases from the Sam

Rayburn Dam. The Lower Neches Valley

Authority contributed funds toward

construction of both projects and makes

established annual payments for the

right to withdraw up to 2000 cubic feet

of water per second from Town Bluff

Dam for its own use. Power was

legislatively authorized at the project,

but installation of hydroelectric

facilities was deferred until justified by

economic conditions. A determination

of feasibility was made in a 1982 Corps

study. In 1983 the Sam Rayburn

Municipal Power Agency (SRMA)

proposed to sponsor and finance the

development of hydropower at Town

Bluff Dam in return for the output of the

project to be delivered to its member

municipalities and participating

member cooperatives of the Sam

Rayburn Dam Electric Cooperative.

Since the hydroelectric facilities at the

Town Bluff Dam have been completed,

the facilities have been renamed the

Robert Douglas Willis Hydropower

Project (Robert D. Willis).

The Robert D. Willis rate is unique in

that it excludes the costs associated

with the hydropower design and

construction performed by the Corps,

because all funds for these costs were

provided by SRMA. Under the

Southwestern/SRMA power sales

Contract No. DE–PM75–85SW00117,

SRMA will continue to pay all annual

operating and marketing costs, as well

as expected capital replacement costs,

through the rate paid to Southwestern,

and will receive all power and energy

produced at the project for a period of

50 years.

Discussion

The 1997 Current Robert D. Willis

Power Repayment Study (PRS) tests the

adequacy of the existing rate based on

the evaluation period extending from

FY 1997 through FY 2001, to recover

annual expenses for marketing,

operation and maintenance, and to

amortize additions to plant and major

replacements of the generating facilities.

Since the project’s design and

construction were financed in their

entirety by SRMA, no component for

amortization of the original investment

of some $18 million is included in the

rate determination. The Current PRS for

the Robert D. Willis project, using the

existing annual rate of $266,928,

indicates that the legal requirements to

repay all costs will not be met and an

increase in revenue is necessary. The

additional revenue needed is, in part, a

result of the increase in replacement

costs required to be recovered. In

addition, the Corps had projected a

significant increase in its estimates of

operations and maintenance (O&M)

costs for the Robert D. Willis project.

The previous year’s O&M projections

were considered by the Corps to have

been understated.
Federal Register / Vol. 63, No. 10 / Thursday, January 15, 1998 / Notices 2391

The existing annual Robert D. Willis

project power rate of $266,928 was

confirmed and approved on a final basis

by the FERC on January 28, 1997, for the

period October 1, 1996, through

September 30, 2000. The 1997 Robert D.

Willis Current Power Repayment Study

(PRS) indicates that the present rate

does not meet the cost recovery criteria

for the isolated project. Over the entire

repayment period the current rate will

underpay requirements by $13,310,053.

The 1997 Robert D. Willis Revised PRS

indicates that an annual rate of $302,928

will satisfy repayment criteria in

accordance with Department of Energy

Order No. RA 6120.2 and Section 5 of

the Flood Control Act of 1944. The

proposed increase in revenue amounts

to $36,000 or 13.5 percent annually to

begin January 1, 1998. The proposed

rate of $302,928 annually would satisfy

the present repayment criteria.

Pursuant to Title 10, Part 903, Subpart

A of the Code of Federal Regulations (10

CFR 903), ‘‘Procedures for Public

Participation in Power and

Transmission Rate Adjustments and

Extensions’’, 50 FR 37837, the

Administrator, Southwestern, published

notice in the Federal Register (62 FR

49976), on September 24, 1997,

announcing a 45-day period for public

review and comment. Southwestern

held informal meetings and a Public

Information Forum on October 2, 1997,

where Southwestern provided copies of

supporting data for the 1997 Robert D.

Willis PRS to interested parties. A letter

was received on behalf of SRMA,

indicating no opposition to the

proposed rate increase. Southwestern

did not receive any request to convene

a formal Public Comment Forum and, as

a result, did not convene such a

meeting. Information regarding this rate

proposal, including studies, comments

and other supporting material, is

available for public review and

comment in the offices of the

Southwestern Power Administration,

One West Third Street, Tulsa, Oklahoma

74103.

Administrator’s Certification

The 1997 Revised Robert D. Willis

PRS indicates that the annual power

rate of $302,928 will repay all costs of

the project including amortization of

additions to plant and major

replacements of the generating facilities

consistent with provisions of DOE Order

No. RA 6120.2. In accordance with

Section 1 of Delegation Order No. 0204–

108, as amended November 10, 1993, 58

FR 59717, and Section 5 of the Flood

Control Act of 1944, the Administrator

has determined that the proposed

Robert D. Willis power rate is consistent

with applicable law and is the lowest

possible rate consistent with sound

business principles.

Environment

The environmental impact of the rate

increase proposal was evaluated in

consideration of DOE’s guidelines for

implementing the procedural provisions

of the National Environmental Policy

Act and was determined to fall within

the class of actions that are categorically

excluded from the requirements of

preparing either an Environmental

Impact Statement or an Environmental

Assessment.

Order

In view of the foregoing and pursuant

to the authority delegated to me by the

Secretary of Energy, I hereby confirm,

approve and place in effect on an

interim basis, effective January 1, 1998,

the proposed annual rate of $302,928 for

the sale of power and energy from the

Robert D. Willis project to the Sam

Rayburn Municipal Power Agency,

under Contract No. DE–PM75–

85SW00117, as amended. The rate shall

remain in effect on an interim basis

through September 30, 2001, or until the

FERC confirms and approves the rate on

a final basis.

Dated: January 7, 1998.

Elizabeth A. Moler,

Deputy Secretary.

[FR Doc. 98–1059 Filed 1–14–98; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5950–2]

National Drinking Water Advisory

Council; Request for Nominations

The Environmental Protection Agency

(EPA) invites all interested persons to

suggest individuals to serve as members

of a working group that will be formed

to provide advice to the National

Drinking Water Advisory Council on

how the new Safe Drinking Water Act

approach to benefits and costs should be

implemented in the decision making

process. The Council was established to

provide practical and independent

advice, consultation, and

recommendations to the Agency on the

activities, functions and policies related

to the Act as amended. At the October

15 and 16, 1997, meeting of the Council,

it was decided that a working group

should be formed to provide this

specific input. Following reports from

the working group, the Advisory

Council will consider recommendations

to forward directly to EPA.

Because membership on this group

will be limited and must be

representative of balanced views,

selections will be made by the Director,

Office of Ground Water and Drinking

Water, based on drinking water

expertise and demonstrated interest in

drinking water policy. Any interested

person or organization may suggest an

individual for a position on this

working group. Candidates should be

identified by name, occupation,

position, address and telephone

number.

Persons selected for membership are

responsible for any expenses that would

be incurred while attending meetings.

Suggestions should be submitted to

Charlene E. Shaw, Designated Federal

Officer, National Drinking Water

Advisory Council, U.S. Environmental

Protection Agency, Office of Ground

Water and Drinking Water (4601), 401 M

Street, SW, Washington, D.C. 20460, no

later than January 28, 1998.

The Agency will not formally

acknowledge or respond to

nominations. E-Mail your questions to

shaw.charlene@epamail.epa.gov or call

202–260–2285.

Dated: January 9, 1998.

Elizabeth Fellows,

Acting Director, Office of Ground Water and

Drinking Water.

[FR Doc. 98–1073 Filed 1–14–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5950–3]

National Drinking Water Advisory

Council; Notice of Open Meetings

Under section 10(a)(2) of Public Law

92–423, ‘‘The Federal Advisory

Committee Act,’’ notice is hereby given

that a meeting of the National Drinking

Water Advisory Council established

under the Safe Drinking Water Act, as

amended (42 U.S.C. S300f et seq.), will

be held on February 2, 1998, from 1:00

p.m. until 4:00 p.m., in Room 1209 East

Tower, U.S. Environmental Protection

Agency (EPA) Headquarters, 401 M

Street SW, Washington, D.C. 20460.

Council members will be participating

by Conference Call. The meeting is open

to the public, but due to past

experience, seating will be limited.

The purpose of this meeting is to

provide the Council with the

recommendations of the Occurrence and

Contaminant Selection Working Group