Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9391 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed docket(s). For assistance 

with any FERC Online service, please email FERCOnlineSupport@ferc.gov or 

call (866) 208–3676 (toll free). For TTY, 

call (202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–4579 Filed 3–3–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Notice of Availability of Request for 

Interest 

AGENCY: Western Area Power 

Administration, Department of Energy. 

ACTION: Notice of Availability of Request 

for Interest. 

SUMMARY: The Western Area Power 

Administration (Western), a power 

marketing administration within the 

U.S. Department of Energy, announces 

the availability of a Request for Interest 

(RFI). Western is seeking interest from 

any entity or entities interested in 

identifying a proposed transmission 

project, primarily in Western’s service 

area, and/or desiring to participate with 

Western and possibly others by 

constructing, financing, owning, 

operating or maintaining transmission 

facilities or acquiring transmission 

rights or entering into long-term 

transmission service agreements on that 

project. 

DATES: To be assured consideration, all 

Statements of Interest should be 

received by Western April 3, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

further information or to obtain a copy 

of this RFI, please contact Transmission 

Infrastructure Program, Western Area 

Power Administration, P.O. Box 281213, 

Lakewood, CO 80228–8213, e-mail 

txrfi@wapa.gov. The RFI is also 

available on Western’s Web site at 

http://www.wapa.gov. 

SUPPLEMENTARY INFORMATION: Western 

markets and transmits wholesale 

hydroelectric power, generated at 

Federal dams across the western United 

States. This power is sold to customers 

in accordance with Federal Law. 

Western’s transmission system was 

developed to deliver the Federal 

hydropower to those customers. 

Western owns and operates an 

integrated 17,000 circuit mile, highvoltage transmission system across 15 

western states and a 1.3 million squaremile service area. Western’s service area 

encompasses all of the following states: 

Arizona, California, Colorado, Nebraska, 

Nevada, New Mexico, North Dakota, 

South Dakota, Utah, and Wyoming: as 

well as parts of Iowa, Kansas, Montana, 

Minnesota, and Texas. Today, Western 

makes capacity on its transmission 

system, excess to that needed to serve 

its preference customers, available 

through the policies and procedures 

outlined in its Open Access 

Transmission Tariff. 

This RFI is being issued under 

authority granted to Western in the 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act). Section 402 

of the Recovery Act gives Western 

authority to construct, finance, 

facilitate, plan, operate, maintain or 

study construction of new or upgraded 

electric power transmission lines and 

related facilities with at least one 

terminus within the area served by 

Western and for delivering or 

facilitating the delivery of power 

generated by renewable energy 

resources constructed or reasonably 

expected to be constructed. The law 

provides borrowing authority to 

facilitate Western’s participation, and 

further specifies that Western, in the 

course of selecting potential projects to 

be funded under this section, shall seek 

requests for interest from entities 

interested in identifying potential 

projects. This FRN fulfills that 

requirement. 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act of 1969 

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

Council on Environmental Quality 

Regulations for implementing NEPA (40 

CFR parts 1500–1508) and the DOE 

NEPA Implementing Procedures and 

Guidelines (10 CFR part 1021), Western 

has determined that this action is 

categorically excluded from further 

NEPA analysis. Future actions under 

this authority will undergo appropriate 

NEPA analysis. 

Dated: February 20, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–4610 Filed 3–3–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Notice of Proposed Program and 

Request for Public Comments 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of Proposed Program and 

Request for Public Comments. 

SUMMARY: The Western Area Power 

Administration (Western) proposes to 

adopt a Transmission Infrastructure 

Program. The Program is being proposed 

to implement section 402 of the 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act) for the 

purpose of constructing, financing, 

facilitating, planning, operating, 

maintaining, or studying construction of 

new or upgraded electric power 

transmission lines and related facilities 

with at least one terminus within the 

area served by Western and for 

delivering or facilitating the delivery of 

power generated by renewable energy 

resources constructed or reasonably 

expected to be constructed. The 

proposed Program would use authority 

granted under this section to borrow 

funds from the U.S. Treasury to 

accomplish these purposes. The 

Recovery Act also calls for Western to 

use a public process to develop 

practices and policies that implement 

the authority granted by this section. To 

expedite the development process, 

Western is offering this initial proposal. 

This Federal Register notice (FRN) 

seeks public comment on these 

proposed principles, policies and 

practices. 

DATES: The consultation and comment 

period begins today and ends April 3, 

2009. Western will present an 

explanation of the proposed program 

and accept oral and written comments 

at a public meeting on March 23, 2009, 

beginning at 1 p.m. MDT, in Lakewood, 

Colorado. The meeting will also be 

Webcast. Western will accept written 

comments any time during the 

consultation and comment period. 

Written comments on the proposed 

Program should be submitted to 

Western by April 3, 2009. 

ADDRESSES: The public meeting will be 

held at Western’s Corporate Services 

Office, 12155 West Alameda Parkway, 

Lakewood, CO 80228 on the date listed 

above. Send written comments to: 

Transmission Infrastructure Program, 

Western Area Power Administration, 

P.O. Box 281213, Lakewood, CO 80228– 

8213, e-mail txprogram@wapa.gov. 

Western will post information about the 

program development on its Web site at 

9392 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 

http://www.wapa.gov, including written 

comments received in response to this 

notice after the close of the comment 

period. Western must receive written 

comments by the end of the 

consultation and comment period to 

ensure they are considered in Western’s 

decision process. 

As access to Western facilities is 

controlled, any U.S. citizen wishing to 

attend any meetings at Western must 

present a government-issued form of 

picture identification, such as a U.S. 

driver’s license, U.S. passport, U.S. 

government ID, or U.S. military ID, at 

the time of the meeting. Foreign 

nationals should contact Western at 

least 15 days in advance of this meeting 

to obtain the necessary form for 

admittance to the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Please contact Transmission 

Infrastructure Program, Western Area 

Power Administration, P.O. Box 281213, 

Lakewood, CO 80228–8213, e-mail 

txprogram@wapa.gov. This proposal is 

also available on Western’s Web site at 

http://www.wapa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Western markets and transmits 

wholesale hydroelectric power, 

generated at Federal dams across the 

western United States. This power is 

sold to customers in accordance with 

Federal Law. Western’s transmission 

system was developed to deliver the 

Federal hydropower to those customers. 

Western owns and operates an 

integrated 17,000 circuit mile, highvoltage transmission system across 15 

western states and a 1.3 million squaremile service area. Western’s service area 

encompasses all of the following states: 

Arizona, California, Colorado, Nebraska, 

Nevada, New Mexico, North Dakota, 

South Dakota, Utah, and Wyoming; as 

well as parts of Iowa, Kansas, Montana, 

Minnesota, and Texas. Today, Western 

makes capacity on its transmission 

system, excess to that needed to serve 

its preference customers, available 

through the policies and procedures 

outlined in its Open Access 

Transmission Tariff (OATT). Western 

offers nondiscriminatory access to its 

transmission system, including requests 

to interconnect new generating 

resources to that transmission system 

under its Safe Harbor OATT on file with 

the Federal Energy Regulatory 

Commission (FERC). 

Western is seeking public comment 

on the proposed principles, policies and 

practices it will use to implement the 

authority provided in section 402 of the 

Recovery Act. A 30-day consultation 

and comment period starts with the 

publication of this notice in the Federal 

Register. 

In defining the proposed Program, 

Western has identified a series of 

principles that will provide overarching 

guidance. It has further identified a 

series of policies and practices it will 

follow in implementing the proposed 

Program. These principles, policies and 

practices are described in this notice. 

Proposed Action 

The proposed action is to implement 

the Program authorized in section 402 of 

the Recovery Act. The Program goal is 

to identify, prioritize and participate in 

the study, facilitation, financing, 

planning, operating, maintaining, and 

construction of new or upgraded 

transmission facilities and additions 

that will help bring renewable energy 

resources to market across the West. 

One objective is to encourage nonFederal participation so as to leverage 

Western’s borrowing authority. The 

Program consists of several major 

components: (1) Project Funding, (2) 

Project Evaluation, (3) Project 

Development, (4) Project Operation and 

Maintenance, and (5) Project Rates and 

Repayment. 

Principles 

In implementing the authority granted 

to Western in section 402, Western 

identified the following principles 

which provide overarching guidance. 

Western will ensure each project 

approved for funding using Treasury 

borrowing authority: 

1. Is in the public interest. 

2. Will not adversely impact system 

reliability or operations, or other 

statutory obligations. 

3. Offers a reasonable expectation that 

the proceeds from such project shall be 

adequate to meet Western’s financial 

repayment obligations. 

4. Uses a public process to set rates 

for Western-owned transmission 

capacity resulting from any new 

facilities developed as a result of 

Western’s participation in such project. 

5. Has the necessary capabilities to 

provide generation-related ancillary 

services. 

6. Uses the proceeds from the sale of 

the transmission capacity from such 

project for the repayment of the 

principal and interest of the loan from 

the Treasury attributable to that project, 

after reserving such funds as Western 

determines are necessary— 

a. to pay for the ancillary services 

that are provided. 

b. to meet the costs of operating and 

maintaining the new project. 

Western will ensure the Program: 

1. Provides an opportunity for 

participation of other entities in 

constructing, financing, owning, 

facilitating, planning, operating, 

maintaining, or studying construction of 

new or upgraded electric power 

transmission lines under this authority 

by seeking requests from entities 

interested in identifying potential 

projects through one or more notices 

published in the Federal Register. 

2. Uses revenues from projects 

developed under this authority as the 

only source of revenue for— 

a. Repayment of the associated loan 

for the project and 

b. Payment of expenses for ancillary 

services, and operation and 

maintenance. 

c. Payments for ancillary services 

that will be credited to the existing 

power system providing these services, 

when the existing Federal power system 

is the source of the ancillary services. 

3. Maintains appropriate controls to 

ensure, for accounting and repayment 

purposes, each transmission line and 

related facility project in which Western 

participates under this authority is 

treated as separate and distinct from— 

a. each other such project and 

b. all other Western power and 

transmission facilities. 

Proposed Program 

I. Table of Contents 

II. Definitions 

III. Project Funding 

A. Applicability 

B. Criteria 

C. Policies and Practices 

IV. Project Evaluation 

A. Applicability 

B. Criteria 

C. Policies and Practices 

V. Project Development and Operations and 

Maintenance 

A. Applicability 

B. Policies and Practices 

VI. Project Rates and Repayment 

A. Applicability 

B. Criteria 

C. Policies and Practices 

VII. Effective Date 

II. Definitions 

A. The term ‘‘Administrator’’ means 

the Administrator of Western. 

B. The term ‘‘entity’’ means the firm 

or business concern that seeks to 

participate with Western under this 

authority. 

III. Project Funding 

A. Applicability: All Projects selected 

for funding under this authority are 

proposed to be governed by the 

principles, policies, and practices 

outlined in this notice. 

B. Criteria: All projects selected for 

funding under this authority would be 

Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9393 

evaluated based on the reasonable 

likelihood that the project will generate 

enough transmission service revenue to 

repay the principal investment, all 

operating costs and the accrued interest. 

C. Policies and Practices: 

1. Western will use generally accepted 

accounting principles and practices in 

recording and tracking all expenses and 

revenue transactions for each Project 

selected. 

2. Western will isolate these financial 

accounting transactions in its existing 

financial management system. 

IV. Project Evaluation 

A. Applicability: All Projects to be 

considered for funding under this 

authority would be evaluated against 

the criteria outlined below. 

B. Criteria: Project evaluation 

includes feasibility of developing a 

project that meets the following 

minimum criteria: 

1. Facilitates the delivery of energy 

from renewable resources to market, 

2. Is in the public interest, 

3. Will not adversely impact system 

reliability or operations, or other 

statutory obligations, 

4. Is reasonable to expect that the 

proceeds from such project shall be 

adequate to meet Western’s financial 

repayment obligations, and 

5. At least one terminus must be 

located within Western’s service 

territory. 

C. Policies and Practices: 

1. Western will establish additional 

evaluation factors to evaluate proposed 

Projects as necessary. 

2. Western may, at its discretion, use 

outside expertise to assist in evaluating 

proposed Projects seeking funding 

under this authority. 

3. Western will treat data submitted 

by Project participants related to this 

authority, including project 

descriptions, participation and 

financing arrangements by other parties, 

as available to the public through the 

FOIA. However, participants may 

request confidential treatment of all or 

part of a submitted document under 

FOIA’s exemption for ‘‘Confidential 

Business Information.’’ Materials so 

designated and which meet the criteria 

stipulated in the FOIA will be treated as 

exempt from FOIA inquiries. 

V. Project Development and Operations 

and Maintenance 

A. Applicability: All Projects to be 

considered for funding under this 

authority. 

B. Policies and Practices: 

1. For study, facility development, 

construction and any other related 

purposes, where applicable, Western 

will consider projects that may be 

constructed pursuant to its authority 

under section 402 of the Recovery Act 

separately from procedures and 

requirements for arranging for 

transmission service or interconnection 

under its OATT, or related 

interconnection agreements. To the 

extent projects considered under this 

authority might satisfy OATT or related 

requests, Western will attempt to 

develop the project to satisfy those 

requests, however project development 

under section 402 of the Recovery Act 

will take priority. Western will use the 

appropriate project management 

methods to initiate, plan, execute, 

monitor, control and close all 

transmission projects approved for 

funding under this authority. 

2. Available transfer capability 

surplus to Western’s need will be made 

available in a nondiscriminatory 

manner consistent with FERC open 

access transmission rules, Federal 

statute, and Western policies. 

3. Western will comply with all other 

applicable Federal laws, regulations and 

policies. 

VI. Project Rates and Repayment 

A. Applicability: All Projects funded 

under this authority. 

B. Criteria: The repayment 

requirements and applicable 

transmission rates will be designed so 

that proceeds from the project can 

reasonably be expected to be adequate 

to meet the repayment obligation. 

C. Policies and Practices: 

1. Before project development, 

Western will confirm the reasonable 

likelihood that the project will generate 

enough transmission service revenue to 

meet Western’s financial repayment 

obligations including principal 

investment, operating costs, accrued 

interest, and other appropriate costs. 

2. Transmission rates for transmission 

capacity Western owns or controls will 

be developed in a public process 

following the applicable requirements 

outlined in 10 CFR 903 and set by the 

Administrator as specified in relevant 

DOE orders. 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act of 1969 

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

Council on Environmental Quality 

Regulations for implementing NEPA (40 

CFR parts 1500–1508) and the DOE 

NEPA Implementing Procedures and 

Guidelines (10 CFR part 1021), Western 

has determined that this action is 

categorically excluded from further 

NEPA analysis. Future actions under 

this authority will undergo appropriate 

NEPA analysis. 

Dated: February 20, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–4609 Filed 3–3–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0107; FRL–8403-3] 

Notice of Receipt of a Pesticide 

Petition Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of an initial filing of a 

pesticide petition proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before April 3, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0107 and 

the pesticide petition number (PP 

8E7446), by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2009– 

0107 and the pesticide petition number 

(PP). EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information