Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51035 

projects are repaid via revenues 

received under the Integrated System 

rates, as are Southwestern’s 

transmission facilities that consist of 

1,380 miles of high-voltage transmission 

lines, 24 substations, and 46 microwave 

and VHF radio sites. Costs associated 

with the Robert D. Willis and Sam 

Rayburn Dams, two projects that are 

isolated hydraulically, electrically, and 

financially from the Integrated System 

are repaid by separate rate schedules. 

The Sam Rayburn Dam project is 

addressed in this notice. 

Following Department of Energy 

guidelines, the Administrator, 

Southwestern, prepared a Current 

Power Repayment study using the 

existing Sam Rayburn Dam rate. The 

Study indicates that Southwestern’s 

legal requirement to repay the 

investment in the power generating 

facility for power and energy marketed 

by Southwestern will not be met 

without an increase in revenues. The 

need for increased revenues is due to 

increases in expected generation 

investment and operation and 

maintenance power-related expenses. 

The Revised Power Repayment Study 

shows that an increase in annual 

revenue of $302,364 (12 percent 

increase), beginning January 1, 2006, is 

needed to satisfy repayment criteria. 

Opportunity is presented for 

Southwestern customers and other 

interested parties to receive copies of 

the Sam Rayburn Dam Power 

Repayment Studies and the proposed 

rate schedule. Persons desiring a copy of 

the Power Repayment Data Package 

with the proposed Rate Schedule should 

submit a request to the Director, Rates 

and Repayment, Office of Corporate 

Operations, Southwestern Power 

Administration, One West Third Street, 

Tulsa, OK 74103, (918) 595–6673 or via 

email to swparates@swpa.gov. 

A Public Information Forum is 

scheduled on September 13, 2005, to 

explain to customers and interested 

parties the proposed rate and supporting 

studies. The proceeding will be 

transcribed, if held. A chairman, who 

will be responsible for orderly 

procedure, will conduct the Forum. 

Questions concerning the rate, studies, 

and information presented at the Forum 

will be answered, to the extent possible, 

at the Forum. Questions not answered at 

the Forum will be answered in writing. 

However, questions involving 

voluminous data contained in 

Southwestern’s records may best be 

answered by consultation and review of 

pertinent records at Southwestern’s 

offices. 

Persons interested in attending the 

Public Information Forum should so 

indicate in writing by letter, email or 

facsimile transmission (918–595–6656) 

by September 6, 2005, their intent to 

appear at such Forum. Should no one 

indicate an intent to attend by the 

above-cited deadline, no such Forum 

will be held. 

A Public Comment Forum is 

scheduled for October 13, 2005, at 

which interested persons may submit 

written comments or make oral 

presentations of their views and 

comments related to the rate proposal. 

The proceeding will be transcribed, if 

held. A chairman, who will be 

responsible for orderly procedure, will 

conduct the Forum. Southwestern’s 

representatives will be present, and they 

and the chairman may ask questions of 

the speakers. 

Persons interested in attending the 

Public Comment Forum should so 

indicate in writing by letter or facsimile 

transmission (918–595–6656) by 

October 3, 2005, their intent to appear 

at such Forum. Should no one so 

indicate an intent to attend by the 

above-cited deadline, no such Forum 

will be held. Persons interested in 

speaking at the Forum should submit a 

request in writing by October 3, 2005, to 

the Administrator, Southwestern, 

indicated their intent to appear at such 

Forum, so that a list of speakers can be 

developed. The chairman may allow 

others to speak if time permits. 

A transcript of each Forum will be 

made. Copies of the transcripts may be 

obtained directly from the transcribing 

service for a fee. Copies of all 

documents introduced will also be 

available from the transcribing service 

for a fee. 

Written comments on the proposed 

Sam Rayburn Dam Rate are due on or 

before November 28, 2005. Five copies 

of the written comments, together with 

a diskette in MS Word or Corel Word 

Perfect, should be submitted to Forrest 

E. Reeves, Assistant Administrator, 

Southwestern Power Administration, 

U.S. Department of Energy, One West 

Third Street, Tulsa, Oklahoma 74103. 

Following review of the oral and 

written comments and the information 

gathered during the course of the 

proceedings, the Administrator will 

submit the final Sam Rayburn Dam 

Proposal, and Power Repayment Studies 

in support of the proposed rate to the 

Deputy Secretary of Energy for 

confirmation and approval on an 

interim basis, and subsequently to the 

Federal Energy Regulatory Commission 

(FERC) for confirmation and approval 

on a final basis. The FERC will allow 

the public an opportunity to provide 

written comments on the proposed rate 

increase before making a final decision. 

Dated: August 15, 2005. 

Michael A. Deihl, 

Administrator. 

[FR Doc. 05–17105 Filed 8–26–05; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Washoe Project-Rate Order No. 

WAPA–119 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of order concerning a 

non-firm power formula rate. 

SUMMARY: The Deputy Secretary of 

Energy confirmed and approved Rate 

Order No. WAPA–119 and Rate 

Schedule SNF–6, placing a non-firm 

power formula rate from the Stampede 

Powerplant of the Washoe Project 

(Stampede) of the Western Area Power 

Administration (Western) into effect on 

an interim basis. The provisional 

formula rate will be in effect until the 

Federal Energy Regulatory Commission 

(Commission) confirms, approves, and 

places it into effect on a final basis or 

until replaced by other rates. The 

provisional rate will provide sufficient 

revenue to pay all annual costs, 

including interest expense, and repay 

power investment and irrigation aid, 

within the allowable periods. 

DATES: Rate Schedule SNF–6 will be 

placed into effect on an interim basis on 

the first day of the first full billing 

period beginning on or after October 1, 

2005, and will be in effect until the 

Commission confirms, approves, and 

places the rate schedule in effect on a 

final basis through September 30, 2010, 

or until the rate schedule is superseded. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James D. Keselburg, Regional Manager, 

Sierra Nevada Customer Service Region, 

Western Area Power Administration, 

114 Parkshore Drive, Folsom, CA 

95630–4710, (916) 353–4418, or Mr. 

Sean Sanderson, Rates Manager, Sierra 

Nevada Customer Service Region, 

Western Area Power Administration, 

114 Parkshore Drive, Folsom, CA 

95630–4710, (916) 353–4466. 

SUPPLEMENTARY INFORMATION: The 

Deputy Secretary of Energy approved 

existing Rate Schedule SNF–5 for 

Stampede non-firm energy on August 

22, 2000 (Rate Order No. WAPA–93, 

September 1, 2000). The Commission 

confirmed and approved the rate 

schedule on October 19, 2000, in FERC 

Docket No. EF00–5161–000. The 

existing rate schedule is effective from 

51036 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

October 1, 2000, through September 30, 

2005. 

The existing non-firm power Rate 

Schedule SNF–5 consists of floor and 

ceiling rates and is designed to recover 

an annual revenue requirement. The 

floor rate for non-firm energy from 

Stampede is 17.89 mills per 

kilowatthour (mills/kWh) and on 

average for the 5-year rate period 

provides sufficient revenue to repay 

nearly 100 percent of annual expenses, 

excluding interest expense. The current 

ceiling rate was set by a power 

repayment study and provides sufficient 

revenues to repay all annual costs, 

including interest expense, and the 

investment within the allowable period. 

The Central Valley Project (CVP) 2004 

Power Marketing Plan (2004 Power 

Marketing Plan) states that the output 

from the Washoe Project remaining after 

meeting project use loads will be 

marketed to the CVP preference 

customers. Beginning October 1, 2005, 

the costs remaining after meeting project 

use requirements are included in the 

CVP Power Revenue Requirement (PRR) 

on an annual basis. In addition, any 

energy remaining after meeting project 

use requirements will be marketed 

under the 2004 Power Marketing Plan. 

This situation makes it unnecessary to 

establish a new proposed ceiling rate for 

Stampede. Western’s Contract No. 94–

SAO–00010 with the Sierra Pacific 

Resources (Sierra) sets the floor rate. 

The existing non-firm Rate Schedule 

SNF–5 is being superseded by SNF–6. 

SNF–6 removes the ceiling rate and 

provides a formula for determining 

Stampede’s annual PRR transferred to 

the CVP PRR. 

By Delegation Order No. 00–037.00, 

effective December 6, 2001, the 

Secretary of Energy delegated: (1) The 

authority to develop power and 

transmission rates to Western’s 

Administrator, (2) the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Deputy Secretary of Energy, and (3) the 

authority to confirm, approve, and place 

into effect on a final basis to remand or 

to disapprove such rates to the 

Commission. Existing Department of 

Energy (DOE) procedures for public 

participation in power rate adjustments 

(10 CFR part 903) were published on 

September 18, 1985. 

Under Delegation Order Nos. 00–

037.00 and 00–001.00A, 10 CFR part 

903, and 18 CFR part 300, I hereby 

confirm, approve, and place Rate Order 

No. WAPA–119, the non-firm energy 

formula rate for Stampede, into effect on 

an interim basis. The new Rate 

Schedule SNF–6 will be promptly 

submitted to the Commission for 

confirmation and approval on a final 

basis. 

Dated: August 16, 2005. 

Clay Sell, 

Deputy Secretary. 

Department of Energy, Deputy 

Secretary 

[Rate Order No. WAPA–119] 

In the matter of: Western Area Power 

Administration Rate Adjustment for the 

Washoe Project, Stampede Division, NonFirm Power Formula Rate; Order Confirming, 

Approving, and Placing the Washoe Project, 

Stampede Division, Non-firm Power Formula 

Rate Into Effect on an Interim Basis 

This rate was established in 

accordance with section 302 of the DOE 

Organization Act, (42 U.S.C. 7152). This 

Act transferred to, and vested in, the 

Secretary of Energy the power marketing 

functions of the Secretary of the 

Department of the Interior and 

Reclamation under the Reclamation Act 

of 1902 (ch. 1093, 32 Stat. 388), as 

amended and supplemented by 

subsequent laws, particularly section 

9(c) of the Reclamation Project Act of 

1939 (43 U.S.C. 485h(c)), and other Acts 

that specifically apply to the project 

involved. 

By Delegation Order No. 00–037.00, 

effective December 6, 2001, the 

Secretary of Energy delegated: (1) The 

authority to develop power and 

transmission rates to Western’s 

Administrator, (2) the authority to 

confirm, approve, and place such rates 

into effect on an interim basis to the 

Deputy Secretary of Energy, and (3) the 

authority to confirm, approve, and place 

into effect on a final basis, to remand or 

to disapprove such rates to the 

Commission. Existing DOE procedures 

for public participation in power rate 

adjustments (10 CFR part 903) were 

published on September 18, 1985. 

Acronyms and Definitions 

As used in this Rate Order, the 

following acronyms and definitions 

apply: 

2004 Power Marketing Plan: The 2004 

CVP Power Marketing Plan (64 FR 

34417) effective January 1, 2005. 

Administrator: The Administrator of 

the Western Area Power 

Administration. 

Ancillary Services: Those services 

necessary to support the transfer of 

electricity while maintaining reliable 

operation of the transmission provider’s 

transmission system in accordance with 

standard utility practice. 

Base Resource: The Central Valley 

and Washoe Project power output and 

existing power purchase contracts 

extending beyond 2004, as determined 

by Western to be available for 

marketing, after meeting the 

requirements of Project Use and First 

Preference Customers, and any 

adjustments for maintenance, reserves, 

transformation losses, and certain 

ancillary services. 

Capacity: The electric capability of a 

generator, transformer, transmission 

circuit, or other equipment expressed in 

kilowatts. 

Commission: The Federal Energy 

Regulatory Commission. 

Customer: An entity with a contract 

that receives service from the Western’s 

Sierra Nevada Customer Service Region 

(SNR). 

CVP: The Central Valley Project is a 

multipurpose Federal water 

development project extending from the 

Cascade Range in northern California to 

the plains along the Kern River south of 

Bakersfield, California. 

DOE: United States Department of 

Energy. 

DOE Order RA 6120.2: A DOE order 

outlining power marketing 

administration financial reporting and 

ratemaking procedures. 

FERC: The Commission (to be used 

when referencing Commission Orders). 

First Preference: A Customer or entity 

qualified to use Preference power 

within a county of origin (Trinity, 

Calaveras, and Tuolumne) as specified 

under the Trinity River Division Act of 

August 12, 1955 (69 Stat. 719) and the 

Flood Control Act of 1962 (76 Stat. 

1173, 1191–1192). 

Floor Rate: Per the contract with 

Sierra, is equal to 85 percent of the then 

effective, non-time differentiated rate 

provided in Sierra’s California Quarterly 

Short-Term Purchase Price Schedule for 

as-available purchases from qualifying 

facilities with capacities of 100 

kilowatts (kW) or less. 

FRN: Federal Register notice. 

FY: Fiscal Year; October 1 to 

September 30. 

kV: Kilovolt—The electrical unit of 

measure of electric potential that equals 

1,000 volts. 

kW: Kilowatt—The electrical unit of 

capacity that equals 1,000 watts. 

kWh: Kilowatthour—The electrical 

unit of energy that equals 1,000 watts in 

1 hour. 

Load: The amount of electric power or 

energy delivered or required at any 

specified point(s) on a transmission or 

distribution system. 

Mill: A monetary denomination of the 

United States that equals one-tenth of a 

cent or one-thousandth of a dollar. 

Mills/kWh: Mills per kilowatthour. 

The unit of charge for energy. 

MW: Megawatt—The electrical unit of 

capacity that equals 1 million watts or 

1,000 kilowatts. 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51037 

NEPA: National Environmental Policy 

Act of 1969 (42 U.S.C. 4321, et seq.). 

Net Revenue: Revenue remaining after 

paying all annual expenses. 

Non-firm: A type of product and/or 

service not always available at the time 

requested by the customer. 

O&M: Operation and Maintenance. 

Power: Capacity and Energy. 

Preference: The provisions of 

Reclamation Law which require 

Western to first make Federal power 

available to certain entities. For 

example, section 9(c) of the Reclamation 

Project Act of 1939 states that 

preference in the sale of Federal power 

shall be given to municipalities and 

other public corporations or agencies 

and also to cooperatives and other 

nonprofit organizations financed in 

whole or in part by loans made under 

the Rural Electrification Act of 1936 (43 

U.S.C. 485h(c)). 

Project Use: Power used to operate 

Washoe Project facilities under 

Reclamation Law. The Lahontan 

National Fish Hatchery and the Marble 

Bluff Fish Facility are designated project 

use loads of the Washoe Project. 

Provisional Rate: A rate which has 

been confirmed, approved, and placed 

into effect on an interim basis by the 

Deputy Secretary. 

PRR: Power revenue requirement. The 

annual revenue that must be collected to 

recover annual expenses such as O&M, 

purchase power, transmission service 

expenses, interest, deferred expenses, 

and repay Federal investments and 

other assigned costs. 

PRS: Power repayment study. 

Rate Brochure: A document dated 

May 2005 explaining the rationale and 

background for the rate proposal 

contained in this Rate Order. 

Reclamation: United States 

Department of the Interior, Bureau of 

Reclamation. 

Reclamation Law: A series of Federal 

laws. Viewed as a whole, these laws 

create the originating framework under 

which Western markets power. 

Revenue Requirement: The revenue 

required to recover annual expenses 

such as O&M, purchase power, 

transmission service expenses, interest, 

deferred expenses, and repay Federal 

investments and other assigned costs. 

SEEA: The Stampede Energy 

Exchange Account. 

Sierra: Sierra Pacific Power Company 

also known as Nevada Power and Sierra 

Pacific Resources. 

SNR: The Sierra Nevada Customer 

Service Region of Western. 

Stampede: Power system facilities of 

Washoe Project, Stampede Division. 

Stampede Annual PRR: The total 

power revenue requirement for 

Stampede required to repay all 

reimbursable annual costs, including 

interest and the investment within the 

allowable period. 

Stampede Revenue: Revenue 

generated from the floor rate and project 

generation. 

Washoe Project: A Reclamation 

project located in the Lahontan Basin in 

west-central Nevada and east-central 

California. 

Western: United States Department of 

Energy, Western Area Power 

Administration. 

Effective Date 

The new interim rates will take effect 

on the first day of the first full billing 

period beginning on or after October 1, 

2005, and will remain in effect until 

September 30, 2010, pending approval 

by the Commission on a final basis. 

Public Notice and Comment 

Western followed the Procedures for 

Public Participation in Power and 

Transmission Rate Adjustments and 

Extensions, 10 CFR part 903, in 

developing these rates. The steps 

Western took to involve interested 

parties in the rate process were: 

1. A Federal Register notice 

published on May 6, 2005, (70 FR 

24019), announced the proposed 

formula rate for non-firm energy from 

Stampede. This notice began the public 

consultation and comment period. 

2. On May 9, 2005, Western e-mailed 

the Federal Register notice (70 FR 

24019) to the SNR Preference Customers 

and interested parties explaining the 

fact that this was a minor rate 

adjustment. Therefore, there was no 

public information or comment forum 

for this rate process. Western also 

reiterated its availability to meet with 

interested parties to discuss the studies 

that support the formula rate. 

3. On May 9, 2005, Western also 

mailed letters to the SNR Preference 

Customers and interested parties 

transmitting the Web site address to 

obtain a copy of the FRN and providing 

instructions on how to receive a copy of 

the Rate Brochure. 

4. Western communicated clarifying 

information on the proposed rate with 

the following Customers and/or 

interested parties. This information is 

included in the record. 

Bay Area Rapid Transit District, 

California. 

Energy Source, Nevada. 

Northern California Power Agency, 

California. 

Sacramento Municipal Utility District, 

California. 

Sierra Pacific Power Company, aka 

Nevada Power, Nevada. 

5. Western received no comment 

letters during the consultation and 

comment period, which ended on June 

6, 2005. 

Project Description 

The Stampede Dam and Reservoir are 

located on the Little Truckee River 

approximately 8 miles above the 

confluence of the Little Truckee and 

Truckee River. The dam and reservoir 

are in Sierra County, California, about 

11 miles northeast of the town of 

Truckee. The water source for Stampede 

Reservoir is the Little Truckee River 

drainage basin containing about 136 

square miles of densely wooded slopes 

and grass meadowlands. 

When the Stampede Dam and 

Reservoir project was authorized in 

1956, under Public Law 858 

hydroelectric power development was 

included. However, during the period 

1966–1970 when the Stampede Dam 

was built, power facilities were not 

constructed because the power function 

was not economically justified. 

Nevertheless, provisions were made to 

facilitate the addition of power facilities 

at a later date. 

Subsequently, in July 1976, a 

preliminary reevaluation of a 

powerplant at Stampede was conducted 

and published in a special Reclamation 

report Adding Powerplants at Existing 

Federal Dams in California. In the 

report, Reclamation recommended 

construction of a Stampede powerplant. 

As a result, definitive plan studies were 

initiated in FY 1977, and construction 

of the powerplant was completed in 

1987. A one-half mile 60-kV 

transmission line interconnects the 

Stampede power facilities with Sierra’s 

transmission system. 

Stampede Dam and Reservoir is 

operated for four specific purposes: 

flood control, fisheries enhancement, 

recreation, and power generation. The 

powerplant has a 3.65 MW generator 

and it provides approximately 11 

million kWh annually. The energy 

generated by the powerplant has a 

priority reservation for designated 

project use loads. All remaining energy 

generation is sold on a non-firm basis 

under the conditions outlined in 

Western’s contract with Sierra. Energy 

generated at Stampede is dependent on 

the run of the river and is, therefore, 

non-firm. 

The Lahontan National Fish Hatchery 

and the Marble Bluff Fish Facility are 

project use facilities entitled to energy 

from the Stampede Powerplant. The 

Marble Bluff Fish Hatchery is located on 

the Truckee River about 3.5 miles 

upstream from Pyramid Lake. The other 

project use facility, the Lahontan 

51038 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

National Fish Hatchery, is located off 

the Carson River just south of Carson 

City in Gardnerville, Nevada. The loads 

at these facilities are projected to be 

approximately 2 million kWh annually. 

Power Repayment Study 

Western prepares a PRS each FY to 

determine if revenues will be sufficient 

to repay, within the required time, all 

costs assigned to the power function. 

Repayment criteria are based on law, 

applicable policies, including DOE 

Order RA 6120.2, and authorizing 

legislation. 

To benefit project use loads and 

market the energy from Stampede, 

Western’s contract with Sierra provides 

for the SEEA. Under this contract, Sierra 

accepts delivery of all energy generated 

from Stampede into Sierra’s electrical 

system. The dollar value of the 

Stampede energy received by Sierra 

during any month is credited into the 

SEEA at the floor rate. Western can use 

the SEEA to benefit project use facilities 

and market energy from Stampede to 

preference entities. The formula for the 

provisional floor rate, per the contract 

with Sierra, is equal to 85 percent of the 

then effective, non-time differentiated 

rate provided in Sierra’s California 

Quarterly Short-Term Purchase Price 

Schedule for as-available purchases 

from qualifying facilities with capacities 

of 100 kW or less. This provisional floor 

rate is used to calculate the value of the 

SEEA and determines the benefit of 

Stampede power for project use loads. 

Western applies the ratio of projected 

project use costs to the projected 

revenue recorded in the SEEA to 

determine a non-reimbursable 

percentage. This non-reimbursable 

percentage is then applied to the 

appropriate power-related costs to 

determine the reimbursable costs. The 

reimbursable costs are reduced by 

revenues from sales made at the floor 

rate. Under the 2004 Power Marketing 

Plan, the remaining reimbursable costs 

are then transferred to the CVP PRR. 

Based on estimated expenses and 

projected revenues generated from the 

floor rate, Western anticipates including 

an annual cost of $401,000 in the CVP 

PRR for the 5-year rate case period (FY 

2006–2010). 

Existing and Provisional Rates and 

Revenue Requirement 

The provisional rate for Stampede 

non-firm energy results in no change to 

the floor rate. This rate adjustment also 

marks a transition to a new marketing 

plan for Stampede. Any energy 

remaining after meeting project use 

requirements is marketed under the 

2004 Power Marketing Plan and 

mitigates the need for a ceiling rate. In 

addition, the provisional formula rate 

calculates an annual transfer of 

Stampede revenue to the CVP PRR. The 

following table compares the current 

and provisional non-firm rates as listed 

under the existing (SNF–5) and 

provisional (SNF–6) rate schedules. 

COMPARISON OF EXISTING AND PROVISIONAL RATES WASHOE PROJECT, STAMPEDE POWERPLANT

Non-firm energy formula rate components Existing rates 

(as of 10/1/00) 

Provisional rates 

(effective 10/1/05) Percent change 

Rate Schedule ............................................................................................... (1) (2) ..................................

Floor Rate (Mills/kWh) ................................................................................... 17.89 17.89 0 

Ceiling Rate ................................................................................................... 90.07 N/A N/A 

Estimated Stampede Annual Transferred PRR ($) ....................................... N/A $401,000 N/A 

1SNF–5. 

2SNF–6. 

Certification of Rates 

Western’s Administrator certified that 

the provisional non-firm power formula 

rates for Stampede are the lowest 

possible rates consistent with sound 

business principles. The provisional 

formula rate was developed following 

administrative policies and applicable 

laws. 

Non-Firm Power Formula Rate and 

Power Revenue Requirement 

Discussion 

According to Reclamation Law, 

Western must establish rates sufficient 

to recover O&M, other annual and 

interest expenses, and repay power 

investment and irrigation aid. 

Statement of Revenue and Related 

Expenses 

The following table provides a 

summary of projected revenues and 

expenses data for the Stampede nonfirm power formula rate through the 5- 

year provisional rate approval period, 

including a comparison of existing rate 

data to provisional rate data and the 

difference. 

STAMPEDE NON-FIRM POWER RATE COMPARISON OF 5-YEAR RATE PERIOD (FY 2006–2010) TOTAL REVENUES AND

EXPENSES

Existing rate 

($000) 

Provisional revenue 

requirement 

($000) 

Difference 

($000) 

Total Revenues .............................................................................................. $2,905 $2,989 $84 

Revenue Distribution: 

Expenses: 

O&M ........................................................................................................ 64 64 0 

Project Use Expense .............................................................................. 952 952 0 

Interest .................................................................................................... 1,147 1,213 66 

Total Expenses ................................................................................ 2,163 2,229 66 

Principal Payments: 

Capitalized Expenses ............................................................................. 742 760 18 

Original Project and Additions ................................................................ 0 0 0 

Replacements ......................................................................................... 0 0 0 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51039 

STAMPEDE NON-FIRM POWER RATE COMPARISON OF 5-YEAR RATE PERIOD (FY 2006–2010) TOTAL REVENUES AND

EXPENSES—Continued 

Existing rate 

($000) 

Provisional revenue 

requirement 

($000) 

Difference 

($000) 

Irrigation .................................................................................................. N/A N/A N/A 

Total Principal Payments ................................................................ 742 760 18 

Total Revenue Distribution ....................................................... 2,905 2,989 84 

Basis for Rate Development 

To benefit project use loads and 

market the energy from Stampede, 

Western’s contract with Sierra provides 

for the SEEA. Under this contract, Sierra 

accepts delivery of all energy generated 

from Stampede into Sierra’s electrical 

system. The dollar value of the 

Stampede energy received by Sierra 

during any month is credited into the 

SEEA at the floor rate. The formula for 

the provisional floor rate, per the 

contract with Sierra, is equal to 85 

percent of the then effective, non-time 

differentiated rate provided in Sierra’s 

California Quarterly Short-Term 

Purchase Price Schedule for as-available 

purchases from qualifying facilities with 

capacities of 100 kW or less. This 

provisional floor rate is used to 

calculate the value of the SEEA and 

determines the benefit of Stampede 

power for project use loads. Western 

applies the ratio of projected project use 

costs to the projected revenue recorded 

in the SEEA to determine a nonreimbursable percentage. This nonreimbursable percentage is then applied 

to the appropriate power-related costs to 

determine the reimbursable costs. The 

reimbursable costs are reduced by 

revenues from sales made at the floor 

rate. Under the 2004 Power Marketing 

Plan, the remaining reimbursable costs 

after meeting project use service are 

then transferred to the CVP PRR. 

The provisional formula rate for 

Stampede power is: 

STAMPEDE ANNUAL TRANSFERRED PRR = STAMPEDE ANNUAL PRR¥STAMPEDE REVENUE

Where: 

Stampede Annual Transferred PRR = Stampede annual costs (Power Revenue Requirement) transferred to the CVP. 

Stampede Annual PRR = The total power revenue requirement for Stampede required to repay all reimbursable annual costs, including interest and the investment within the allowable period. 

Stampede Revenue = Revenue generated from the floor rate and project generation. 

Floor Rate = Per the contract with Sierra, is equal to 85 percent of the then effective, non-time differentiated rate provided in Sierra’s California Quarterly Short-Term Purchase Price Schedule for as-available purchases from qualifying facilities with capacities of 100 kW or 

less. 

Comments 

Western received no comments on the 

rate proposal during the public 

comment and consultation period that 

ended on June 6, 2005. 

Availability of Information 

Information about this rate 

adjustment, including power repayment 

studies, comments, letters, 

memorandums, and other supporting 

material made and kept by Western and 

used to develop the provisional rates, is 

available for public review in the Sierra 

Nevada Regional Office, Western Area 

Power Administration, 114 Parkshore 

Drive, Folsom, California. 

Regulatory Procedure Requirements 

Regulatory Flexibility Analysis 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601, et seq.) requires Federal 

agencies to perform a regulatory 

flexibility analysis if a final rule is likely 

to have a significant economic impact 

on a substantial number of small entities 

and there is a legal requirement to issue 

a general notice of proposed 

rulemaking. Western has determined 

that this action does not require a 

regulatory flexibility analysis since it is 

a rulemaking of particular applicability 

involving rates or services applicable to 

public property. 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321, et seq.); Council 

on Environmental Quality Regulations 

(40 CFR parts 1500–1508); and DOE 

NEPA Regulations (10 CFR part 1021), 

Western has determined that this action 

is categorically excluded from preparing 

an environmental assessment or an 

environmental impact statement. 

Determination Under Executive Order 

12866 

Western 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. 

Small Business Regulatory Enforcement 

Fairness Act 

Western has determined that this rule 

is exempt from congressional 

notification requirements under 5 U.S.C. 

801 because the action is a rulemaking 

of particular applicability relating to 

rates or services and involves matters of 

procedure. 

Submission to the Federal Energy 

Regulatory Commission 

The interim rates herein confirmed, 

approved, and placed into effect, 

together with supporting documents, 

will be submitted to the Commission for 

confirmation and final approval. 

Order 

In view of the foregoing and under the 

authority delegated to me, I confirm and 

approve on an interim basis, effective 

October 1, 2005, Rate Schedule SNF–6 

for the Washoe Project, Stampede 

Division of the Western Area Power 

Administration. The rate schedule shall 

remain in effect on an interim basis, 

pending the Commission’s confirmation 

and approval of them or substitute rates 

on a final basis through September 30, 

2010. 

51040 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

Dated: August 16, 2005. 

Clay Sell, 

Deputy Secretary.

Rate Schedule SNF–6 (Supersedes 

Schedule SNF–5) 

United States Department of Energy, 

Western Area Power Administration, 

Washoe Project, Stampede Division 

Schedule of Rates for Non-Firm Power 

Formula Rate 

Effective: October 1, 2005, through 

September 30, 2010. 

Available: Within the marketing area 

served by the Sierra Nevada Customer 

Service Region. 

Applicable: To preference customers 

under the 2004 Power Marketing Plan 

and to the Sierra Pacific Power 

Company under the terms of Contract 

No. 14–SAO–00010. 

Character and Conditions of Service:

Alternating current, 60 hertz, threephase, delivered and metered at the 

voltages and points established by 

contract. 

Non-Firm Power Formula Rate: The 

formula for the floor rate, per the 

contract with Sierra, is equal to 85 

percent of the then effective, non-time 

differentiated rate provided in Sierra’s 

California Quarterly Short-Term 

Purchase Price Schedule for as-available 

purchases from qualifying facilities with 

capacities of 100 kW or less. This floor 

rate is used to calculate the value of the 

SEEA and determines the benefit of 

Stampede power for project use loads. 

Western applies the ratio of projected 

project use costs to the projected 

revenue recorded in the SEEA to 

determine a non-reimbursable 

percentage. This non-reimbursable 

percentage is then applied to the 

appropriate power-related costs to 

determine the reimbursable costs. The 

reimbursable costs are reduced by the 

revenues from sales made at the floor 

rate. Under the 2004 Power Marketing 

Plan, the remaining reimbursable costs 

are then transferred to the CVP PRR. 

The formula rate for Stampede power 

is:

STAMPEDE ANNUAL TRANSFERRED PRR = STAMPEDE ANNUAL PRR¥STAMPEDE REVENUE

Where: 

Stampede Annual Transferred PRR = Stampede annual costs (Power Revenue Requirement) transferred to the CVP. 

Stampede Annual PRR = The total power revenue requirement for Stampede required to repay all reimbursable annual costs, including interest and the investment within the allowable period. 

Stampede Revenue = Revenue generated from the floor rate and project generation. 

Floor Rate = Per the contract with Sierra, is equal to 85 percent of the then effective, non-time differentiated rate provided in Sierra’s California Quarterly Short-Term Purchase Price Schedule for as-available purchases from qualifying facilities with capacities of 100 kW or 

less. 

Billing: Billing for the floor rate will 

be as specified in the service agreement. 

Adjustment for Losses: Losses will be 

accounted for under this rate schedule 

as stated in the service agreement.

[FR Doc. 05–17106 Filed 8–26–05; 8:45 am] 

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7961–2] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. (7413(g), notice is 

hereby given of a proposed Consent 

Decree to address a lawsuit filed by Our 

Children’s Earth Foundation and the 

Sierra Club (collectively ‘‘Plaintiffs’’): 

Our Children’s Earth Found. et al. v. 

U.S. EPA, No. C 05–00094 CW (N.D. 

Cal.). On or about January 6, 2005, 

Plaintiffs filed a complaint alleging that 

EPA had failed to perform a nondiscretionary duty to review and, if 

appropriate, revise the new source 

performance standards (‘‘NSPS’’) for 

petroleum refineries and equipment 

leaks as required by Section 111(b) of 

the Clean Air Act, 42 U.S.C. 

7411(b)(1)(B). Under the terms of the 

proposed Consent Decree, deadlines are 

established for EPA to review and, if 

appropriate, revise the NSPS standards 

for Subparts J, VV and GGG, 40 CFR 

60.100–109, 60.480–498, 60.590–593.

DATES: Written comments on the 

proposed Consent Decree must be 

received by September 28, 2005.

ADDRESSES: Submit your comments, 

identified by docket ID number OGC–

2005–0013, online at http://

www.epa.gov/edocket (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD–

ROM should be formatted in 

WordPerfect or ASCII file, avoiding the 

use of special characters and any form 

of encryption, and may be mailed to the 

mailing address above.

FOR FURTHER INFORMATION CONTACT:

Sonja Petersen, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone: (202) 

564–4079.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed Consent Decree would 

resolve the deadline suit filed by 

Plaintiffs alleging that EPA failed to 

review and, if appropriate, revise the 

new source performance standards 

(‘‘NSPS’’) for petroleum refineries and 

equipment leaks (NSPS subparts J, VV 

and GGG). The proposed Consent 

Decree establishes deadlines by which 

EPA must review and revise all 

standards in subparts J, VV, and GGG 

except to the extent that EPA sets forth 

a proposed determination that review 

and/or revision is not appropriate. The 

Consent Decree relates only to these 

deadlines. It does not require the 

Administrator to make any specific 

revisions to the standards. 

The Consent Decree provides the 

following schedule for reviewing and, if 

appropriate, revising these subparts. 

EPA must: (1) Within twelve months of 

entry of the Consent Decree, propose 

any appropriate revisions to the 

standards in NSPS subparts VV and 

GGG; (2) within twenty-four months of 

entry of the Consent Decree, sign a final 

rule containing any appropriate 

revisions to the standards in NSPS 

subparts VV and GG; (3) within eighteen 

months of entry of the Consent Decree,