Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices 8511

Integration customer’s contribution to

the FCRTS peak.

The proposed PT rate, along with

terms and conditions of service,

provides transmission service for

customer’s native load and/or

transactions with third parties over the

FCRTS Integrated Network. The PT rate

is based on transmission costs allocated

to the FPT/IR class of service and is

structured as a monthly demand charge.

7. Advance Funding (AF)

The proposed AF rate allows BPA to

collect the capital and related costs of

specified BPA-owned transmission

facilities through advance payment.

Such facilities could include

interconnection and resource

integration facilities, and upgrades or

reinforcements to the FCRTS. Following

commercial operation of the specified

facilities, a true-up of estimated costs

with actual costs would occur.

8. Reservation Charge for Transmission

Capacity, and Reactive Power Charge

The proposed Reservation Charge is

included in the firm transmission rate

schedules for application to customers

who enter into a contract with BPA for

new or increased firm transmission

service on the FCRTS and want to

reserve transmission capacity to

accommodate such service. Payment of

the Reservation Charge for Transmission

Capacity would allow a customer to

reserve capacity for up to 3 years, with

the possibility of two annual extensions

granted by BPA on a case-by-case basis.

The proposed Reactive Power Charge

is included in BPA’s transmission rate

schedules as well as BPA’s power rate

schedules, and charges customers for

their reactive power requirements by

point of delivery.

V. Transmission Rate Schedules

The proposed transmission rates are

incorporated in the Wholesale Power

and Transmission Rate Schedules. The

rate schedule document includes three

sections. The first section contains the

wholesale power and transmission rate

schedules. Each schedule is comprised

of sections stating to whom the rate

schedule is available, rates for the

products offered under the schedule,

and billing factors. Each rate schedule

also lists the adjustments, charges, and

special provisions that apply to that rate

schedule.

The second section contains detailed

descriptions of the adjustments, charges,

and special provisions that apply to the

various rate schedules. The third section

contains the GRSPs for power and

transmission rates. The GRSPs include a

lengthy list of definitions, both of

products and services and of rate

schedule terms.

The Wholesale Power and

Transmission Rate Schedules and the

GRSPs will be published in a separate

Federal Register Notice as described in

Section I of this Notice.

Issued in Portland, Oregon, on February 7,

1995.

J.H. Curtis,

Acting Administrator.

[FR Doc. 95–3535 Filed 2–13–95; 8:45 am]

BILLING CODE 6450–01–P

Hearing and Opportunity for Public

Comment; Regarding Proposed

Comparable Transmission Terms and

Conditions

AGENCY: Bonneville Power

Administration (BPA), DOE.

ACTION: Notice of Hearing and

Opportunity to Comment.

SUMMARY: BPA File No. TC–95. BPA

requests that all comments and

documents intended to become part of

the Official Record in this process

contain the file number designation TC–

95. BPA will be proposing terms and

conditions applicable to three

transmission services over the network

transmission system of the Federal

Columbia River Transmission System

(FCRTS) which BPA considers to be

comparable to the uses BPA itself makes

of such system for its own power

transactions. The Federal Power Act, as

amended by the Energy Policy Act of

1992, provides that BPA may institute a

regional hearing process on proposed

transmission terms and conditions of

general applicability. By this notice,

BPA is announcing such a proceeding

and the dates on which the proposed

transmission terms and conditions will

be available.

DATES: Persons wishing to comment on

the proposed transmission terms and

conditions but not wishing to become

‘‘parties’’ to the proceeding must submit

written comments on the proposals by

May 15, 1995. Persons wishing to

become formal ‘‘parties’’ to the

proceeding must notify BPA in writing

of their intention to do so in accordance

with requirements stated in this Notice.

Intervention petitions must be received

by 9 a.m. February 13, 1995.

A prehearing conference will be held

before the Hearing Officer at 9:00 a.m.

on February 13, 1995, in the BPA Rates

Hearing Room located at 2032 Lloyd

Center, Portland, Oregon. Registration

for the prehearing conference will begin

at 8:30 a.m. The prehearing conference

for BPA’s 1995 power and transmission

rate case will occur at the same time and

place as the prehearing conference for

this proceeding. BPA’s present intent is

for the Hearing Officer for this

transmission terms and conditions

proceeding to be other than the Hearing

Officer presiding over BPA’s 1995

power and transmission rate

proceeding. However, it also is BPA’s

intent to merge as much as possible the

schedules and records for these two

proceedings in order to address

common transmission issues efficiently.

At the prehearing conference, BPA may

move to consolidate common

transmission issues.

The Hearing Officer will act on all

intervention petitions and oppositions

to intervention petitions, rule on any

motions, establish additions or changes

to the Procedures, establish a service

list, establish a procedural schedule in

conjunction with the rates hearing

officer, and consolidate parties with

similar interests for purposes of filing

jointly-sponsored testimony and briefs

and for expediting any necessary crossexamination. A notice of the dates and

times of any hearings will be mailed to

all parties of record. Objections to

orders made by the Hearing Officer at

the prehearing conference must be made

in person or through a representative at

the prehearing conference.

The following schedule information is

provided for informational purposes. A

final schedule will be established by the

Hearing Officer at the prehearing

conference.

February 9, 1995 (on or about)

Proposed Transmission Terms and

Conditions mailed to customers and

1993 rate case parties and available

from BPA’s Public Information

Center, 1st Floor, 905 N.E. 11th

Ave., Portland, Oregon.

February 13, 1995 (on or about)

Proposed Transmission Terms and

Conditions published in Federal

Register.

February 13, 1995

Prehearing conference to set schedule

and act on petitions to intervene.

April 5, 1995 (on or about)

Supplemental testimony filed.

October 29, 1995

Administrator’s Final Decision

BPA also will be conducting public

field hearings on it proposed power and

transmission rates. Comments on the

proposed transmission terms and

conditions also will be accepted at these

hearings. The dates and locations of the

field hearings will be announced later

through mailings and public

advertising.

ADDRESSES: Written comments by

‘‘participants’’ should be submitted by

May 15, 1995, to: Manager, Corporate
8512 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices

Communications–CK, Bonnesville

Power Administration, 905 N.E. 11th

Ave, P.O. Box 12999, Portland, Oregon

97212

Petitions to intervene should be filed

by 9 a.m. February 13, 1995. Persons

intervening in the power and

transmission rate case who also desire

to intervene in this proceeding may file

a single petition to intervene which

specifically identifies both proceedings.

Petitions to intervene should be

addressed as follows: Hearing Officer,

c/o Francis (Jamie) Troy, Hearing

Clerk—LQ, Bonneville Power

Administration, 905 N.E. 11th Ave.,

P.O. Box 12999, Portland, Oregon

97212.

In addition, persons intervening in

the rate case must serve a copy of the

petition on: Janet L. Prewitt, Office of

Legal Services—LQ, Bonneville Power

Administration, 905 N.E. 11th Ave.,

P.O. Box 3621, Portland, OR 97208.

Interventions in this proceeding must

be served concurrently on: Stephen

Larson, Office of Legal Services—LP,

905 N.E. 11th Ave., P.O. Box 3621,

Portland, Oregon 97208.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael Hansen, Public Involvement

and Information Specialist, at the

address listed above, (503) 230–4328 or

call toll-free 1–800–622–4519.

Information also may be obtained from:

Mr. Steve Hickok, Group Vice President,

Sales and Customer Service, P.O. Box

3621, Portland, OR, 97232 (503) 230–

5356.

Mr. George Eskridge, Manager, SE Sales

and Customer Service District, 1101

W. River, Suite 250, Boise, ID 83702,

(208) 334–9137.

Mr. Ken Hustad, Manager, NE Sales and

Customer Service District, Crescent

Court, Suite 500, 707 Main, Spokane,

WA 99201, (509) 353–2518.

Ms. Ruth Bennett, Manager, SW Sales

and Customer Service District, 703

Broadway, Vancouver, WA 98660,

(360) 418–8600.

Ms. Marg Nelson, Manager, NW Sales

and Customer Service District, Suite

400, 201 Queen Anne Ave. N., Seattle,

WA 98109–1030, (206) 216–4272.

Responsible Official: Mr. Dennis

Metcalf, BPA Transmission Team Lead,

is the responsible official for the

development of BPA’s transmission

terms and conditions.

SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to this notice, BPA is

initiating a regional hearing process on

proposed transmission services terms

and conditions. BPA is proposing to

establish terms and conditions of

general applicability for certain

transmission services comparable to the

uses Bonneville provides itself over the

integrated network transmission system

of the FCRTS. These proposed terms

and conditions for comparable services

are intended to: (1) respond to customer

requests in the context of the

renegotiation of BPA’s power sales

contracts that Bonneville eliminate its

transmission-based market power, (2)

with respect to network transmission

services, comply with the Commission’s

requirement that members of regional

transmission associations develop and

publish tariffs meeting the

Commission’s comparability standards;

and (3) facilitate an opportunity for

FERC to review the rates for these

services, which BPA will file as meeting

the just, reasonable, and not unduly

discriminatory or preferential standard

in t′he context of the associated

contractual terms and conditions.

Though BPA and its customers have not

yet concluded their discussions

regarding what constitutes comparable

access to the Federal transmission

system, nevertheless BPA is now

initiating this proceeding in order to

place it on the same initial schedule as

the related transmission rate case, also

being noticed today. It is likely that

discussions will continue before and

during this proceeding, consistent with

ex parte rules, in an attempt to settle

outstanding issues.

The Federal Power Act amendments

passed by Congress in the Energy Policy

Act of 1992, Pub. L. No. 102–486, 106

Stat. 2776 (1992), provide that BPA may

institute a formal regional hearing on

transmission terms and conditions

which it proposes to establish for

general applicability. 16 U.S.C.

§ 824k(i)(2). This hearing is in some

important respects different in function

from BPA’s rate case proceedings under

section 7(i) of the Northwest Power Act,

16 U.S.C. § 839e(i). If BPA elects to

institute a transmission terms and

conditions hearing, the agency must (1)

give notice in the Federal Register and

state in such notice the reasons why the

terms and conditions are being offered,

and (2) adhere to the procedural

requirements of paragraphs (1) through

(3) of section 7(i) of the Northwest

Power Act, 16 U.S.C. § 839e(i)(1)–(3),

except that the Hearing Officer shall

make findings and conclusions on

material issues of fact, law or discretion

presented on the record and make a

recommended decision to the BPA

Administrator. The Administrator then

must make a separate determination,

based on the hearing record, the Hearing

Officer’s recommendation, and

applicable law, setting forth the reasons

for reaching any findings and

conclusions different from those of the

hearing officer. Pursuant to BPA’s

statutory requirements, the rates

associated with these terms and

conditions will be the subject of a

formal hearing, also noticed today,

established by BPA under section 7(i) of

the Northwest Power Act. The extent to

which the schedules for these two

related hearings will be merged will be

determined at the prehearing conference

on February 13, 1995.

BPA will be proposing comparable

network transmission tariffs based on

similar tariff documents recently

developed by the litigation staff of the

Federal Energy Regulatory Commission

(hereafter ‘‘Commission’’). Proposed

commitments and requirements will be

described for: (1) integrated network

service pursuant to which an entity may

use the integrated network transmission

system of the FCRTS flexibly to meet its

network loads on a basis equal to BPA’s

native load obligations; (2) a flexible,

multiple point-to-point firm

transmission service over the integrated

network transmission system of the

FCRTS and available to serve network

loads as well as off-system sales; and (3)

nonfirm point-to-point transmission

service over the integrated network

transmission system of the FCRTS. The

proposed tariffs will be published in a

separate Federal Register Notice on or

about February 13, 1995. The tariffs also

will be mailed to BPA’s customers, 1993

rate case parties and other interested

persons, and will be available from

BPA’s Public Information Center on or

about February 9, 1995.

Because of the complexity of the

issues in this proceeding and the related

rate case, in part occasioned by

continuing contract negotiations

between BPA and its customers together

with BPA’s reinvention and its

Competitiveness Project, BPA

anticipates that it will need to meet with

customers and other interested third

parties on a very frequent, and possibly

extended, basis. To comport with the

procedural rule prohibiting ex parte

communications, BPA will provide

necessary notice of meetings involving

issues related to transmission terms and

conditions of general applicability for

participation by all parties to the

proceeding. Parties should be aware,

however, that such meetings may be

held on very short notice. In the interim

prior to the prehearing conference,

persons who would like notice of such

meetings should provide their name,

address, phone and fax numbers to: Ms.

Janet L. Prewitt, Office of General

Counsel—LQ, Bonneville Power
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices 8513

Administration, P.O. Box 3621,

Portland, OR 97208, Tel: (503) 230–

4201, Fax: (503) 230–7405.

II. Governing Procedures

BPA is adopting the ‘‘Procedures

Governing Bonneville Power

Administration Rate Hearings,’’ 51 FR

7611 (March 5, 1986) (hereafter

‘‘Procedures’’) to govern this

proceeding, except that the Hearing

Officer will make a recommended

decision to the Administrator as

described in section 212(i)(2)(A)(II) of

the Federal Power Act, 16 U.S.C.

§ 824k(i)(2)(A)(II), and the

Administrator will either accept or

reject the recommendation. BPA and

parties to the proceeding may move to

adopt special rules of practice at the

February 13 prehearing conference to

better address the requirements of this

proceeding.

The Procedures distinguish between

‘‘participants’’ and ‘‘parties’’ to the

hearing. Apart from the formal hearing

process, BPA will receive comments,

views, opinions and information from

‘‘participants,’’ who are defined in the

Procedures as any person who may

express views but who does not petition

successfully to intervene as a party.

Participants’ written comments will be

made part of the official record of the

case and considered by the Hearing

Officer and the Administrator. The

participant category gives the public the

opportunity to participate and have its

views considered without assuming the

obligations incumbent upon ‘‘parties.’’

Participants are not entitled to

participate in the prehearing conference,

cross-examine parties’ witnesses, seek

discovery, serve or be served with

documents, and are not subject to the

same procedural requirements as

parties. Written comments by

participants on BPA’s proposed

transmission terms and conditions will

be accepted May 15, 1995, and should

be submitted to BPA’s Manager of

Corporate Communications at the

address listed above in the Summary

Section of this notice.

The second category of interest is that

of a ‘‘party’’ as defined in §§ 1010.2 and

1010.4 of the Procedures. Parties may

participate in any aspect of the hearing

process. Persons wishing to timely

become a party to BPA’s terms and

conditions proceeding must notify the

Hearing Officer and BPA in writing of

their request by 9:00 am, February 13,

1995. Petitions to intervene shall state

the name and address of the person and

the person’s interests in the outcome of

the proceeding in sufficient detail to

permit the Hearing Officer to determine

whether the person has a relevant

interest in the proceeding. Petitioners

may designate no more than two

representatives upon whom service of

documents will be made. Intervention

petitions will be available for inspection

in BPA’s Public Information Center, 1st

Floor, 905 N.E. 11th Ave., Portland,

Oregon. Any opposition to a petition to

intervene must be raised at the February

13, 1995, prehearing conference. All

timely applications will be ruled on by

the Hearing Officer. Opposition to an

untimely petition to intervene shall be

filed and served within 2 days after

service of petition. Interventions are

subject to § 1010.4 of the Procedures.

Issued in Portland, Oregon, on February 7,

1995.

J.H. Curtis,

Acting Administrator.

[FR Doc. 95–3533 Filed 2–13–95; 8:45 am]

BILLING CODE 6450–01–P–M