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[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Notices]
[Pages 24133-24135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11927]

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DEPARTMENT OF ENERGY

Western Area Power Administration

Post-2004 Resource Pool-Loveland Area Projects

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of proposed allocation.

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SUMMARY: Western Area Power Administration (Western), a Federal power 
marketing agency of the Department of Energy (DOE), announces its Post-
2004 Resource Pool Proposed Allocation of Power developed under the 
requirements of Subpart C--Power Marketing Initiative of the Energy 
Planning and Management Program (Program) Final Rule, 10 CFR part 905.
    Western's call for applications was published in the Federal 
Register at 65 FR 12987, March 10, 2000. Applications for power were 
accepted at Western's Rocky Mountain Customer Service Region until 
close of business September 6, 2000. Review of those applications 
resulted in the Proposed Allocation of Power published in this notice.

DATES: The comment period on the Proposed Allocation of Power begins 
today and ends September 10, 2001. To be assured of consideration, 
Western must receive all written comments by the end of the comment 
period. Western will hold public information forums about the proposed 
allocations on August 2, 7, and 9, 2001, at the following locations and 
times:
    1. August 2, 2001, information forum begins at 10 a.m. in 
Westminster, Colorado.
    2. August 7, 2001, information forum begins at 10 a.m. in Casper, 
Wyoming.

[[Page 24134]]

    3. August 9, 2001, information forum begins at 10 a.m. in Topeka, 
Kansas.

ADDRESSES: Send written comments about these proposed allocations to: 
Mr. Joel K. Bladow, Regional Manager, Rocky Mountain Customer Service 
Region, Western Area Power Administration, P.O. Box 3700, Loveland, CO 
80539-3003. Comments may also be faxed to 970-461-7213 or e-mailed to 
[email protected]. All documentation developed or retained by 
Western for the purpose of developing the proposed allocations is 
available for inspection and copying at the Rocky Mountain Customer 
Service Region Office, at 5555 East Crossroads Boulevard, Loveland, CO 
80538-8986.
    Public information forums will be held at:
    1. Fairfield Inn, 12080 Melody Drive, Westminster, Colorado.
    2. Holiday Inn Casper, 300 West ``F'' Street, Casper, Wyoming.
    3. Capitol Plaza Hotel, 1717 SW Topeka Boulevard, Topeka, Kansas.

FOR FURTHER INFORMATION CONTACT: Ron Steinbach, Power Marketing 
Manager, 970-461-7322; David Holland, Project Manager, 970-461-7505; or 
Susan Steshyn, Public Utilities Specialist, 970-461-7237. Written 
requests for information should be sent to Rocky Mountain Customer 
Service Region, Western Area Power Administration, P.O. Box 3700, 
Loveland, CO 80539-3003, faxed to 970-461-7213, or e-mailed to 
[email protected].

SUPPLEMENTARY INFORMATION: Western published Final Post-2004 Resource 
Pool Allocation Procedures on August 29, 2000, at 65 FR 52419, to 
implement Subpart C--Power Marketing Initiative of the Program's Final 
Rule, 10 CFR part 905, published at 60 FR 54151. The Program, developed 
in part to implement section 114 of the Energy Policy Act of 1992, 
became effective on November 20, 1995. The goal of the Program is to 
require planning and efficient electric energy use by Western's long-
term firm power customers and to extend Western's firm power resource 
commitments. One aspect of the Program is to establish project-specific 
power resource pools and allocate power from these pools to new 
preference customers. Those final procedures, in conjunction with the 
Post-1989 Marketing Plan (51 FR 4012, January 31, 1986), establish the 
framework for allocating power from the resource pool established for 
the Loveland Area Projects (LAP). Only comments relevant to the 
proposed allocations will be accepted during the comment period. After 
all public comments have been thoroughly considered, Western will 
prepare and publish the Final Allocations of Power in the Federal 
Register.

I. Amount of Pool Resources

    Western will allocate up to 4 percent of the LAP long-term firm 
hydroelectric resource available as of October 1, 2004, as firm power. 
Current hydrologic studies indicate that about 28 megawatts (MW) 
capacity and 44 Gigawatthours (GWh) of energy will be available for the 
summer season. Approximately 24 MW capacity and 35 GWh of energy will 
be available for the winter season. Firm power means firm capacity and 
associated energy allocated by Western and subject to the terms and 
conditions specified in Western's long-term firm power electric service 
contracts.

II. Proposed Allocation of Power

    Written comments on the Proposed Allocation of Power must be 
received at the address above by close of business on September 10, 
2001. Western will respond to comments received on the Proposed 
Allocation of Power and publish the final allocations after the end of 
the comment period.
    Western received 40 applications for the Post-2004 LAP resource 
pool. Applicants requested total allocations of 1,900 GWh in the summer 
season and 1,700 GWh in the winter season. Proposed seasonal capacity 
allocations for all allottees are based on the proposed seasonal energy 
data shown in the following tables and is calculated from the LAP 
seasonal plant factors of 36.7 percent in the summer season and 33.4 
percent in the winter season. Initial review of the applications 
indicated that 6 of the 40 applicants did not meet the minimum 
allocation qualifications published at 65 FR 52419. Review of data from 
the remaining 34 applicants resulted in 25 proposed allocations of the 
Post-2004 LAP resource pool.
    The proposed allocations for Native American allottees are shown in 
this table.

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                                                          Proposed post-2004 power allocation
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      Native American allottees             Summer             Winter
                                        kilowatthours      kilowatthours    Summer  kilowatts  Winter  kilowatts
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Iowa Tribe of Kansas and Nebraska...          1,986,640          1,722,043              1,232              1,180
Kickapoo Tribe in Kansas............          2,760,701          2,323,337              1,713              1,592
Prairie Band Potawatomi Nation......          5,536,170          4,458,846              3,435              3,056
Sac and Fox Nation of Missouri......          2,690,754          2,289,904              1,669              1,570
Wind River Reservation (Eastern               1,828,963          1,718,007              1,135              1,178
 Shoshone and Northern Arapaho
 Tribes)............................
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    Facilities that represented non Native American load on the 
reservations were not considered as eligible for the allocation 
process. Native American facilities that were completed or 
substantially near completion on the application due date were 
considered eligible load. The Native American seasonal energy data was 
adjusted to account for those eligibility factors prior to the 
allocation process.
    Native American allottees received a Western hydropower benefit 
totaling 65 percent of eligible load in both the summer and winter 
season based on the adjusted seasonal energy data submitted. The 65 
percent Western hydropower benefit is inclusive of current service 
received through serving utilities and future service that will be 
received by serving utilities as a result of this allocation process.
    Based on the applications submitted by the Northern Arapaho and the 
Eastern Shoshone tribes, Western could not differentiate between each 
tribe's load. The data from each tribe was used to propose an 
allocation for the Wind River Reservation instead of each tribe. The 65 
percent Western hydropower benefit for the Wind River Reservation 
includes an estimated allocation from Western's Salt Lake City Area 
Integrated Projects resource pool and the Western service currently 
received from the Reservation's serving utility.
    After proposed allocations were made to Native American allottees, 
utility and nonutility proposed allocations were allotted based on a 
pro-rata share of the remaining resource pool and application of the 
minimum and maximum

[[Page 24135]]

allocation criteria to that pro-rata share. The proposed allocations 
for utility and nonutility allottees are listed here.

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                                                          Proposed post-2004 power allocation
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  Utility and nonutility allottees          Summer             Winter
                                        kilowatthours      kilowatthours    Summer  kilowatts  Winter  kilowatts
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City of Chapman, KS.................            257,680            169,378                160                116
City of Elwood, KS..................            169,562            145,528                105                100
City of Eudora, KS..................            998,125            691,651                619                474
City of Fountain, CO................          3,785,880          2,872,807              2,349              1,969
City of Garden City, KS.............          3,785,880          2,872,807              2,349              1,969
City of Goodland, KS................          1,588,254          1,230,315                985                843
City of Horton, KS..................            441,108            317,470                273                218
City of Hugoton, KS.................            753,878            637,494                468                437
City of Johnson City, KS............            446,670            340,573                277                233
City of Meade, KS...................            504,527            316,964                313                217
City of Minneapolis, KS.............            544,660            343,822                338                236
City of Troy, KS....................            195,112            152,529                121                105
Doniphan Electric Cooperative                   467,191            389,080                290                267
 Association, Inc., KS..............
Fort Carson, CO.....................          3,188,774          2,678,064              1,978              1,836
Kaw Valley Electric, KS.............          3,334,693          2,486,473              2,069              1,704
Midwest Energy, Inc., KS............          3,785,880          2,872,807              2,349              1,969
Nemaha-Marshall Electric Cooperative          1,145,788            984,083                711                674
 Association, Inc., KS..............
Regional Transportation District,               331,820            291,245                206                200
 Denver, CO.........................
Sunflower Electric Power                      3,785,880          2,872,807              2,349              1,969
 Corporation, KS....................
Yellowstone National Park, WY.......            224,113            146,018                139                100
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    The proposed allocations shown in the tables above are based on the 
LAP marketable resource available at this time. If the LAP marketable 
resource is adjusted in the future, all allocations will be adjusted 
accordingly.

III. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-621 (Act), requires 
Federal agencies to perform a regulatory flexibility analysis if a 
proposed regulation is likely to have a significant economic impact on 
a substantial number of small entities. Western has determined that (1) 
this rulemaking relates to services offered by Western, and, therefore, 
is not a rule within the purview of the Act, and (2) the impacts of an 
allocation from Western would not cause an adverse economic impact on a 
substantial number of such entities. The requirements of this Act can 
be waived if the head of the agency certifies that the rule will not, 
if promulgated, have a significant economic impact on a substantial 
number of small entities. By the execution of this Federal Register 
notice, Western's Administrator certifies that no significant economic 
impact on a substantial number of small entities will occur.

IV. Review Under the Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, 44 U.S.C. 
3501-3520, Western has received approval from the Office of Management 
and Budget (OMB) to collect customer information in this rule, under 
control number 1910-1200.

V. Review Under the National Environmental Policy Act

    Western has completed an environmental impact statement on the 
Program, pursuant to the National Environmental Policy Act of 1969 
(NEPA). The Record of Decision was published in the Federal Register on 
October 12, 1995 (60 FR 53181). Western's NEPA review assured all 
environmental effects related to these procedures have been analyzed.

VI. Determination Under Executive Order 12866

    DOE has determined that this is not a significant regulatory action 
because it does not meet the criteria of Executive Order 12866, 58 FR 
51735. Western has an exemption from centralized regulatory review 
under Executive Order 12866; accordingly, no clearance of this notice 
by OMB is required.

    Dated: April 30, 2001.
Michael S. Hacskaylo,
Administrator.
[FR Doc. 01-11927 Filed 5-10-01; 8:45 am]
BILLING CODE 6450-01-P
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