25728 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

1Open Access Same-Time Information System 

and Standards of Conduct, Order No. 889, FERC 

Stats. & Regs. ¶ 31,035 (1996), order on reh’g, Order 

No. 889–A, FERC Stats & Regs. ¶ 31,049, reh’g 

denied, Order No. 889–B, 81 FERC ¶ 61,253 (1997). 

2See, e.g., Black Creek Hydro, Inc., 77 FERC ¶ 

61,232 (1996) (Black Creek). 

3See Standards of Conduct for Transmission 

Providers, Order No. 717, 73 FR 63796 (Oct. 27, 

2008), FERC Stats. & Regs. ¶ 31, 280, at P 33 (2008), 

reh’g pending. The Standards of Conduct are 

currently codified in Part 358 of the Commission’s 

regulations. 

4Order No. 889, FERC Stats. & Regs. ¶ 31,035 at 

31,594. 

5Black Creek, 77 FERC at 61,941; Central 

Minnesota Municipal Power Agency, 79 FERC ¶ 

61,260, at 62,126–27 (1997) (Central Minnesota). 

See also Order No. 717, FERC Stats. & Regs. ¶ 

31,280 at P 23. 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC, 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the 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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–12440 Filed 5–28–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Southeastern Power Administration 

Jim Woodruff Project 

AGENCY: Southeastern Power 

Administration, DOE. 

ACTION: Notice of extension of time for 

written comments. 

SUMMARY: The period for submitting 

written comments on Southeastern’s 

proposed rate adjustment is extended to 

June 26, 2009. 

DATES: Written comments may be 

submitted until the close of business 

June 26, 2009. 

ADDRESSES: Written comments should 

be submitted to: Kenneth E. Legg, 

Administrator, Southeastern Power 

Administration, Department of Energy, 

1166 Athens Tech Road, Elberton, 

Georgia 30635–6711. 

FOR FURTHER INFORMATION CONTACT: 

Leon Jourolmon, Assistant 

Administrator, Finance and Marketing 

Division, Southeastern Power 

Administration, Department of Energy, 

1166 Athens Tech Road, Elberton, 

Georgia 30635–6711. (706) 213–3800. 

SUPPLEMENTARY INFORMATION: On March 

11, 2009, Southeastern published a 

Notice in the Federal Register (74 FR 

10570) that proposed new rate 

schedules to replace the current 

wholesale power schedules for the Jim 

Woodruff Project for a 5-year period 

from September 20, 2009 to September 

19, 2014. The Notice outlined a public 

comment process that included a public 

information and comment forum for the 

Jim Woodruff customers and interested 

parties, which was held in Tallahassee, 

FL, on April 23, 2009. The public 

information process also provided that 

additional written comments would be 

due to Southeastern on or before June 9, 

2009. On May 19, 2009, the Jim 

Woodruff customers, through their 

representatives, requested an extension 

of the comment period from June 9, 

2009 to close of business on June 26, 

2009. The additional time is needed in 

order for the customers to review 

extensive materials and information 

provided and developed at and after the 

forum and to allow sufficient time for 

such necessary review and preparation 

of informed comments regarding the 

new proposed rates. Southeastern is 

granting the customers’ request for an 

extension of time. 

Dated: May 20, 2009. 

Kenneth E. Legg, 

Administrator. 

[FR Doc. E9–12488 Filed 5–28–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AD09–7–000] 

Material Changes in Facts Underlying 

Waiver of Order No. 889 and Part 358 

of the Commission’s Regulations; 

Order Clarifying Requirement To Notify 

Commission of Material Changes in 

Facts and Allowing 45-Day Filing 

Period for Notifications 

Issued May 21, 2009. 

Before Commissioners: Jon Wellinghoff, 

Chairman; Suedeen G. Kelly, Marc Spitzer, 

and Philip D. Moeller 

1. In Order No. 889,1 the Commission 

directed all public utilities that own, 

control or operate facilities for 

transmitting energy in interstate 

commerce to provide certain types of 

information regarding their transmission 

operations on an Open Access Sametime Information System (OASIS). The 

Commission also established Standards 

of Conduct requiring that personnel 

engaged in transmission system 

operations function independently from 

personnel engaged in marketing 

functions. In Order No. 889, the 

Commission stated that it would 

entertain requests for waiver of these 

requirements on a case-by-case basis, 

and, on a case-by-case basis has granted 

waivers for certain public utilities.2 The 

Commission subsequently revised the 

Standards of Conduct in various 

proceedings, most recently in Order No. 

717, but affirmed that public utilities 

may request a waiver of those 

requirements.3 In Order No. 717, the 

Commission found that any entity that 

has previously received a full or partial 

waiver of prior versions of the 

Standards of Conduct may continue to 

rely on that waiver. 

2. It has come to the Commission’s 

attention that some utilities may 

continue to rely on these waivers even 

after they no longer qualify for them. 

The purpose of this order is to clarify 

that such reliance is inappropriate if 

there is a material change in the 

underlying facts on which the waiver 

was granted, and that the Commission 

must be notified when such a change 

occurs. 

Background 

3. In Order No. 889, the Commission 

acknowledged that it might be 

burdensome for certain small utilities to 

comply with the rules therein, and 

stated that utilities may seek a waiver of 

some or all of the requirements.4 In 

subsequent orders outside of that 

rulemaking proceeding, the Commission 

established criteria for granting requests 

for waiver. The Commission held that 

waiver of Order No. 889 would be 

appropriate for a public utility if it: (1) 

Owns, operates, or controls only limited 

and discrete facilities; or (2) qualifies as 

a small public utility, unless it is a 

member of a tight power pool, or there 

are other circumstances that indicate a 

waiver is not justified.5 To qualify as a 

small public utility, an applicant ‘‘must 

be a public utility that meets the Small 

Business Administration (SBA) 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25729 

6Black Creek, 77 FERC at 61,941. 

7The Commission, for example, identified the 

number of small public utilities that would be 

affected by open access and OASIS reforms by 

reference to sales data reported in FERC Form No. 

1. See Order No. 889, FERC Stats. & Regs. ¶ 31,035 

at 31,628. In Order No. 717, the Commission 

clarified that public utilities that have received a 

full or partial waiver of the Standards of Conduct 

could continue to rely on those waivers to the 

extent the reforms adopted therein did not render 

such waivers moot. See Order No. 717, FERC Stats. 

& Regs. ¶ 31,280 at P 33. 

8See Promoting Wholesale Competition Through 

Open Access Non-Discriminatory Transmission 

Services by Public Utilities; Recovery of Stranded 

Costs by Public Utilities and Transmitting Utilities, 

Order No. 888, FERC Stats. & Regs. ¶ 31,036, at 

31,853–54 (1996), order on reh’g, Order No. 888– 

A, FERC Stats. & Regs. ¶ 31,048, order on reh’g, 

Order No. 888–B, 81 FERC ¶ 61,248 (1997), order 

on reh’g, Order No. 888–C, 82 FERC ¶ 61,046 

(1998), aff’d in relevant part sub nom. Transmission 

Access Policy Study Group v. FERC, 225 F.3d 667 

(D.C. Cir. 2000), aff’d sub nom. New York v. FERC, 

535 U.S. 1 (2002). In Order No. 888, the 

Commission noted that the disposition of 4 million 

MWh a year translated, at the time, into sales in the 

range of $120–180 million/year and noted that the 

SBA defines a small electric utility as one that 

disposes of 4 million MWh per year. Order No. 888, 

FERC Stats. & Regs. ¶31,036 at 31,897 and n.1072. 

9See, e.g., Alcoa Power Generating, Inc., 108 

FERC ¶ 61,243 (2004); Salmon River Electric 

Cooperative, Inc., 107 FERC ¶ 61,132 (2004); FPL 

Energy Oliver Wind, LLC, 123 FERC ¶ 61,246 

(2008); but see Wabash Valley Power Ass’n, 123 

FERC ¶ 61,193, at P 11 (2008) (directing applicant 

to notify the Commission if material circumstances 

change that affect its continued qualification for 

waiver); Perryville Energy Partners, L.L.C., 118 

FERC ¶ 61,140, at P 8 (2007) (directing notification 

if material circumstances change); Standards for 

Business Practices and Communication Protocols 

for Public Utilities, Order No. 676, FERC Stats. & 

Regs. ¶ 31,216, at P 115 (2006), reh’g denied, Order 

No. 676–A, 116 FERC ¶ 61,255 (2006), amended, 

Order No. 676–B, FERC Stats. & Regs. ¶ 31,246 

(2007), revised, Order No. 676–C, 73 Fed. Reg. 

43,848 (July 29, 2008), FERC Stats. & Regs. ¶ 31,274 

(2008), order on clarification and reh’g, Order No. 

676–D, 124 FERC ¶ 61,317 (2008) (extending to 

small entities that previously were granted waiver 

of Order Nos. 888 and 889 waivers of the OASIS 

requirements adopted in the Rule, with the 

condition that if material circumstances change that 

affect continued qualification they must report it to 

the Commission). 

10 In contrast, for waivers of Order No. 888, the 

Commission has required each utility receiving a 

waiver to file an Open Access Transmission Tariff 

(OATT) within 60 days of receiving a request for 

transmission service on its transmission system. 

See, e.g., Central Minnesota, 79 FERC at 62,126–27. 

11As discussed in Wolverine Power Supply 

Cooperative, Inc., to be issued concurrently with 

this order, the Commission retains the existing 

threshold for defining a small public utility. 

Wolverine Power Supply Cooperative, Inc., 127 

FERC ¶ 61,159 (2009). 

definition of a small electric utility, i.e., 

disposes of no more that 4 million MWh 

annually.’’ 6 In determining the amount 

of electricity a public utility ‘‘disposes 

of,’’ the Commission has considered the 

annual sales of the public utility in 

megawatt hours.7

4. The Commission articulated similar 

criteria for evaluating requests for 

waiver of open access requirements 

adopted in Order No. 888.8 In orders 

granting waivers of Order No. 889, the 

Commission has not explicitly stated 

what would happen if the facts upon 

which the Commission relied when 

granting the waiver changed. Orders 

granting waiver of Order No. 889 or 

Standards of Conduct requirements 

generally have been silent on any 

obligation for the public utility to notify 

the Commission of material changes in 

fact that might affect the waiver.9

Instead, those orders provide that such 

waivers remain effective until the 

Commission takes action in response to 

a complaint alleging inadequate access 

to transmission information or use of 

transmission information to unfairly 

benefit a utility’s sales, even if material 

changes have occurred.10

Guidance 

5. In order to ensure that public 

utilities continue to qualify for a waiver 

of the requirements of Order No. 889 or 

the Standards of Conduct, the 

Commission will require any public 

utility that has received a waiver of 

Order No. 889 or the Standards of 

Conduct to notify the Commission if 

there has been a material change in facts 

that may affect the public utility’s 

waiver. A material change would 

include that the utility no longer meets 

the sales threshold applied to determine 

eligibility for the waiver 11 or if the 

facilities owned, operated, or controlled 

by the public utility are no longer 

‘‘limited and discrete.’’ Upon receipt of 

the notice of the change of facts, the 

Commission may reevaluate continued 

eligibility for the waiver. Utilities that 

are granted a waiver have 30 days from 

the date of the change to submit a 

notification. A previously granted 

waiver will remain in effect until the 

Commission acts on such filing. 

6. We recognize that the Commission 

has not previously required utilities 

with waivers to notify the Commission 

of material changes in fact that may 

affect the waiver. Accordingly, we will 

allow all public utilities that previously 

have been granted a waiver 45 days 

from the date of publication of this 

order in the Federal Register to notify 

the Commission of any change in 

material facts upon which the 

Commission relied in granting a waiver 

of the requirements of Order No. 889 

and the Standards of Conduct. 

The Commission orders: 

(A) Any public utility that has 

received a waiver of Order No. 889 or 

the Standards of Conduct is hereby 

directed to notify the Commission if 

there has been a material change in facts 

that may affect the waiver, within 30 

days of the date of the change, as 

discussed in the body of this order. 

(B) The Secretary is hereby directed to 

publish a copy of this order in the 

Federal Register. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–12437 Filed 5–28–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Bonneville Power Administration 

[BPA File No.: TRM–12S] 

2012 Tiered Rate Methodology 

Supplemental Proceeding; Public 

Hearings and Opportunities for Public 

Review and Comment 

AGENCY: Bonneville Power 

Administration (BPA), Department of 

Energy (DOE). 

ACTION: Notice of proposed 

modifications to the Tiered Rate 

Methodology. 

SUMMARY: BPA is proposing 

modifications to its Tiered Rate 

Methodology (TRM), TRM–12–A–02, 

which specifies the methodology to be 

used in setting BPA’s Priority Firm 

Power (PF) rates beginning with the FY 

2012–2013 rate period and continuing 

through the life of the Regional Dialogue 

Contracts. The TRM was established on 

November 10, 2008, by the 

Administrator’s Record of Decision 

(ROD), TRM–12–A–01, following a 

procedural hearing held pursuant to 

section 7(i) of the Pacific Northwest 

Electric Power Planning and 

Conservation Act (Northwest Power 

Act), 16 U.S.C., section 839e(i). The 

TRM contains specified procedures that 

govern its modification. The 

modifications proposed here are made 

in accordance with the provisions in 

section 12 of the TRM, which include 

changes to the TRM that were identified 

and agreed to between BPA and 

preference customer representatives 

designated by the Public Power Council 

prior to February 1, 2009. 

One of those modifications would 

substantively change the calculation of 

Contract High Water Marks (CHWM) 

under the TRM. Another proposed 

modification changes one public utility 

customer’s existing resource amount 

shown in Attachment C to the TRM. The 

remaining proposed modifications are 

offered to clarify the TRM language in 

specific places. 

Determinations of specific rate levels 

applicable to sales under the Regional 

mstockstill on PROD1PC66 with NOTICES