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

25730 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

Dialogue Contracts will not be made in 

this proceeding. Rather, the specific rate 

levels will be developed consistent with 

the TRM in the respective Northwest 

Power Act section 7(i) rate proceedings. 

BPA is reopening the TRM proceeding 

pursuant to section 7 of the Northwest 

Power Act to consider the proposed 

TRM modifications. Entities that were 

parties to TRM–12 do not need to 

intervene again in this reopened 

proceeding. Other entities wishing to 

become a formal party to the proceeding 

must file a petition to intervene, 

notifying BPA in writing of their 

intention to do so in conformance with 

the requirements stated in this Notice. 

DATES: Petitions to intervene must be 

received no later than 5 p.m., Pacific 

Daylight Time (PDT), on June 2, 2009. 

Proposed hearing dates are supplied in 

SUPPLEMENTARY INFORMATION, Part I.A. 

below. Non-party participants may 

make written comments between May 

28, 2009, and July 8, 2009. Comments 

must be received by 5 p.m., PDT, on 

July 8, 2009, in order to be considered 

in the Administrator’s ROD. 

ADDRESSES: Petitions to intervene 

should be directed to Ericka Doot, 

Hearing Clerk, LP–7, Bonneville Power 

Administration, 905 NE 11th Avenue, 

Portland, OR 97232 or by e-mail to: 

trm12rate@bpa.gov, and must be 

received no later than 5 p.m., PDT, on 

June 2, 2009. In addition, a copy of the 

petition must be served concurrently on 

BPA’s General Counsel directed to Peter 

J. Burger, LP–7, Office of General 

Counsel, Bonneville Power 

Administration, 905 NE. 11th Avenue, 

Portland, OR 97232 or by e-mail to: 

pjburger@bpa.gov. (See Part III (A) for 

more information.) Written comments 

can be submitted online at BPA’s Web 

site http://www.bpa.gov/comment, or by 

mail to: BPA Public Affairs, DKE–7, P.O. 

Box 14428, Portland, OR 97293–4428. 

Please identify written or electronic 

comments as ‘‘TRM–12S Proceeding’’ 

comments. Documents will be available 

for public viewing after June 4, 2009. 

The documents are available at: http:// 

www.bpa.gov/corporate/ratecase, or at 

BPA’s Public Information Center, BPA 

Headquarters Building, 1st Floor; 905 

NE. 11th, Portland, Oregon. The 

prehearing conference will be held on 

June 4, 2009, beginning at 1:30 p.m. in 

Room 223, 911 NE. 11th, Portland, 

Oregon. Due to increased security 

requirements, attendees should allow 

sufficient time to enter the building and 

complete the required screening 

process. Photo identification will be 

required for entry. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nita Burbank, Public Utilities Specialist, 

Power Policy Development, PFP–6, P.O. 

Box 3621, Portland, OR 97208. 

Interested persons may also call 503– 

230–3935 or 1–800–622–4519 (toll-free). 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Part I. Introduction and Procedural 

Background 

Part II. Purpose and Scope of Proceeding 

Part III. Public Participation 

Part IV. Tiered Rate Methodology Proposed 

Modifications 

Part I—Introduction and Procedural 

Background 

Section 7(i) of the Northwest Power 

Act, 16 U.S.C. 839e(i), requires that 

BPA’s rates be established according to 

certain procedures. These procedures 

include, among other things: 

publication of a notice of the proposed 

rates in the Federal Register; one or 

more hearings conducted as 

expeditiously as practicable by a 

Hearing Officer; public opportunity to 

provide both oral and written views 

related to the proposed rates; 

opportunity to offer refutation or 

rebuttal of submitted material; and a 

decision by the Administrator based on 

the record. This proceeding is governed 

by section 1010 of BPA’s Rules of 

Procedure Governing Rate Hearings, 51 

FR 7611 (1986) (Procedures). These 

Procedures implement the statutory 

section 7(i) requirements. 

This proceeding will be conducted 

under section 1010.10 of the 

Procedures—Expedited Rate 

Proceedings. Expedited Rate 

Proceedings provide for a ROD to be 

issued 90 days after this Notice. The 

Administrator has chosen an Expedited 

Rate Proceeding because of the limited 

scope of issues that will be addressed in 

this reopened proceeding and that such 

issues will not require extensive 

examination of factual material by BPA 

or parties. 

Section 1010.7 of the BPA Hearing 

Procedures prohibits ex parte 

communications. The ex parte rule 

applies to all BPA and DOE employees 

and contractors. Except as provided 

below, any outside communications 

with BPA and/or DOE personnel 

regarding BPA’s rate case by other 

Executive Branch agencies, Congress, 

existing or potential BPA customers 

(including Tribes), and nonprofit or 

public interest groups are considered 

outside communications and are subject 

to the ex parte rule. The general rule 

does not apply to communications 

relating to: (1) Matters of procedure only 

(the status of the rate case, for example); 

(2) exchanges of data in the course of 

business or under the Freedom of 

Information Act; (3) requests for factual 

information; (4) matters BPA is 

responsible for under statutes other than 

the ratemaking provisions; or (5) matters 

that all parties agree may be made on an 

ex parte basis. The ex parte rule remains 

in effect until the Administrator’s Final 

ROD is issued, which is scheduled to 

occur on September 2, 2009. 

The Bonneville Project Act, 16 U.S.C. 

832, the Flood Control Act of 1944, 16 

U.S.C. section 825s, the Federal 

Columbia River Transmission System 

Act, 16 U.S.C. 838, and the Northwest 

Power Act, 16 U.S.C. 839, provide 

guidance regarding BPA ratemaking. 

The Northwest Power Act requires BPA 

to set rates that are sufficient to recover, 

in accordance with sound business 

principles, the cost of acquiring, 

conserving and transmitting electric 

power, including amortization of the 

Federal investment in the Federal 

Columbia River Power System (FCRPS) 

over a reasonable period of years, and 

certain other costs and expenses 

incurred by the Administrator. 

BPA’s proposed TRM modifications 

are available for viewing and 

downloading on BPA’s Web site at 

http://www.bpa.gov/corporate/ratecase 

and are discussed in Part IV below. BPA 

will be conducting a formal rate 

proceeding open to rate case parties. 

Interested parties must file petitions to 

intervene in order to take part in the 

formal hearing, as discussed in Part III 

(A) below. A proposed schedule is as 

follows. The Hearing Officer will 

establish a final procedural schedule. 

Prehearing/Initial Proposal ...... June 4. 

Clarification ............................. June 9. 

Data Requests Deadline ......... June 10. 

Data Responses Deadline ...... June 16. 

Parties file their Direct Case ... June 22. 

Clarification ............................. June 25. 

Data Requests Deadline ......... June 25. 

Data Responses Deadline ...... July 1. 

Rebuttal ................................... July 8. 

Public Comments Deadline .... July 8. 

Clarification ............................. July 10. 

Cross Examination .................. July 16. 

Initial Briefs ............................. July 28. 

Oral Argument ......................... August 2. 

Final Record of Decision ........ September 2. 

Part II—Purpose and Scope of 

Proceeding 

A. Purpose of Proceeding 

The TRM, together with new power 

sales contracts, is a key component 

implementing BPA’s post-2011 power 

marketing policy and tiered rate 

construct as defined in BPA’s LongTerm Regional Dialogue Final Policy 

and the corresponding Record of 

Decision, which were published on July 

19, 2007. Because the TRM was 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 25731 

1The details of the elements that were excluded 

from the earlier proceeding are described in detail 

at 73 FR 24961, at 24962–63 (2008). 

developed and established prior to 

BPA’s 135 PF rate customers signing 

Regional Dialogue Contracts, the TRM 

included a special modification 

provision to allow BPA to propose 

changes, if BPA and representatives of 

its PF customers identified and agreed 

on the changes that would be needed 

prior to February 1, 2009. These changes 

would not be subject to the more 

restrictive requirements under the TRM 

for modifications after that date. The 

purpose of the special modification 

provision was to assure BPA and its 

customers that the TRM and the 

accompanying power sales contracts 

would be consistent and work together. 

The TRM provides for a two-tiered PF 

rate design applicable to firm 

requirements power service for public 

utility customers that have signed an 

applicable Regional Dialogue Contract. 

The tiered rate design differentiates 

between the cost of service associated 

with Tier 1 System Resources and the 

cost associated with additional amounts 

of power sold by BPA to serve any 

remaining portion of a public utility 

customer’s Net Requirement (Tier 2). 

Contract High Water Marks (CHWM), 

determined according to the TRM, are 

one basis for determining how much of 

each customer’s Net Requirement 

purchase from BPA is charged Tier 1 

rates and how much may be charged 

Tier 2 rates. The TRM specifies that 

CHWMs will be developed based on 

public utility customers’ FY 2010 load 

with certain modifications. 

B. Scope of the Proceeding 

This additional hearing will address 

the issues as discussed below in Section 

IV. In this supplemental TRM rate 

proceeding, the Administrator will not 

open issues previously determined to be 

outside the scope of the TRM rate case, 

as described in the original 2007 

Federal Register notice 1 and in the final 

TRM ROD, TRM–12–A–01. Under the 

TRM, this proceeding is limited to 

reviewing only the proposed 

modifications and does not allow BPA 

or other parties to reexamine issues that 

was already debated and decided in the 

prior proceeding. 

Therefore, the scope of this 

supplemental proceeding is limited by 

those guidelines the Administrator 

established during the first TRM 

proceeding and limited to the 

parameters of the specific issues that are 

being addressed in Section IV below. 

Additionally, the TRM defines specific 

procedures to be followed to propose a 

modification of the TRM. Any 

modification that is proposed contrary 

to the TRM’s procedures will not be 

considered in this proceeding. Pursuant 

to section 1010.3(f) of the Procedures, 

the Administrator directs the Hearing 

Officer to exclude from the record any 

materials attempted to be submitted or 

arguments attempted to be made in the 

proceeding that seek to in any way 

address the decisions made in the prior 

proceeding as well as any other 

modifications to the TRM that were not 

identified and agreed to by BPA and PF 

customer representatives prior to 

February 1, 2009. 

C. The National Environmental Policy 

Act 

BPA has previously completed an 

evaluation under the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 4321 et seq., of the TRM and its 

provisions as part of the Administrator’s 

ROD for TRM–12–A–01 (see 

Administrator’s ROD, Section 8.0). This 

NEPA evaluation found that the TRM is 

an implementation of an alreadyadopted policy concerning tiered rates 

with little to no environmental impact, 

and any potential environmental effects 

had already been considered and 

evaluated in prior BPA NEPA 

documentation. The TRM NEPA 

evaluation also found that the TRM is 

consistent with the Market-Driven 

Alternative that was evaluated in BPA’s 

Business Plan Environmental Impact 

Statement (DOE/EIS–0183, June 1995) 

and adopted in BPA’s Business Plan 

ROD (August 1995), as well as with the 

Long-Term Regional Dialogue Policy 

and its associated NEPA ROD. 

BPA is in the process of assessing 

whether the proposed TRM 

modifications identified in Part IV 

represent a significant change in the 

TRM relevant to environmental effects 

such that additional evaluation under 

NEPA from what was included in the 

TRM–12–A–01 Administrator’s ROD is 

required. The NEPA process is 

conducted separately from BPA’s formal 

rate proceedings. Therefore, pursuant to 

section 1010.3(f) of the Procedures, the 

Administrator directs the Hearing 

Officer to exclude from the record all 

evidence and argument that addresses 

the potential environmental impacts of 

the proposed TRM modifications. 

During the public review and 

comment period for the proposed TRM 

modifications, persons interested in 

submitting comments regarding the 

potential environmental effects of the 

proposal may do so by submitting 

comments to Katherine Pierce, NEPA 

Compliance Officer, KEC–4, Bonneville 

Power Administration, 905 NE. 11th 

Avenue, Portland, OR 97232. Any such 

comments received by July 8, 2009 will 

be considered by BPA’s NEPA 

compliance staff in their review of the 

proposal. 

Part III—Public Participation 

A. Distinguishing Between 

‘‘Participants’’ and ‘‘Parties’’ 

BPA distinguishes between 

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

section 7(i) hearing process. Apart from 

the formal hearing process, BPA will 

accept comments, views, opinions, and 

information from ‘‘participants,’’ who 

are defined in BPA’s Procedures as 

persons who may submit comments 

without being subject to the duties of, or 

having the privileges of, parties. 

Participants’ comments will be made a 

part of the official record and 

considered by the Administrator when 

making his decision. Participants are 

not entitled to participate in the 

prehearing conference; may not crossexamine parties’ witnesses, seek 

discovery, or serve or be served with 

documents; and are not subject to the 

same procedural requirements as 

parties. Any entity that has intervened 

in this proceeding may not submit 

participant comments. Persons who are 

members or employees of organizations 

that have intervened in the rate 

proceeding may submit general 

comments as participants but may not 

use the comment procedures to address 

specific issues raised by their intervenor 

organization. 

The views of participants are 

important to BPA. Written comments by 

participants will be included in the 

record if they are received by 5 p.m. 

PDT on July 8, 2009. Written views, 

supporting information, questions, and 

arguments should be submitted to BPA 

Public Affairs at the Web or postal 

address listed in the ADDRESSES section. 

Persons wishing to become a party to 

BPA’s rate proceeding must notify BPA 

in writing and file a Petition to 

Intervene with the Hearing Officer. 

Petitioners may designate no more than 

two representatives upon whom service 

of documents will be made. Petitions to 

Intervene must state the name and 

address of the person requesting party 

status and the person’s interest in the 

hearing. Petitions to Intervene as parties 

in the rate proceeding are due to the 

Hearing Officer by 5 p.m. PDT on June 

2, 2009, and should be directed as stated 

in the ADDRESSES section above. 

Petitioners must explain their 

interests in sufficient detail to permit 

the Hearing Officer to determine 

whether they have a relevant interest in 

the proceeding. Pursuant to section 

mstockstill on PROD1PC66 with NOTICES

25732 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Notices 

1010.1(d) of BPA’s Procedures, BPA 

waives the requirement in section 

1010.4(d) that an opposition to an 

intervention petition must be filed and 

served 24 hours before the prehearing 

conference. Any opposition to an 

intervention petition may instead be 

made at the prehearing conference. Any 

party, including BPA, may oppose a 

petition for intervention. Persons who 

have been denied party status in any 

past BPA rate proceeding shall continue 

to be denied party status unless they 

establish a significant change of 

circumstances. All timely applications 

will be ruled on by the Hearing Officer. 

Late interventions are strongly 

disfavored. 

B. Developing the Record 

The record of this proceeding will 

comprise, among other things, 

comments made by participants, 

transcripts of all hearings, any written 

materials submitted by the parties, 

documents developed by BPA staff, and 

other materials accepted into the record 

by the Hearing Officer. Written 

comments by participants will be 

included in the record if they are 

received by 5 p.m., PDT, on July 8, 

2009. The Hearing Officer will review 

the record, supplement it if necessary, 

and will certify the record to the 

Administrator for decision. 

The Administrator will adopt the final 

TRM modifications based on the entire 

record, which includes the record 

certified by the Hearing Officer, as 

described above. The basis for the final 

TRM modifications will be expressed in 

the Administrator’s ROD. BPA will 

serve copies of the Final ROD on all 

parties. The ROD will also be publicly 

available at http://www.bpa.gov/ 

corporate/ratecase. 

BPA must continue to meet with 

customers in the ordinary course of 

business during the rate case. To 

comport with the rate case procedural 

rule prohibiting ex parte 

communications, BPA will provide the 

prescribed notice of meetings involving 

rate case issues in order to permit the 

opportunity for participation by all rate 

case parties. These meetings may be 

held on very short notice. Consequently, 

parties should be prepared to devote the 

necessary resources to participate fully 

in every aspect of the rate proceeding 

and attend meetings any day during the 

course of the rate proceeding. 

Part IV—Tiered Rate Methodology 

Proposed Modifications 

On January 30, 2009, BPA published 

the Final TRM Clean Up List pursuant 

to section 12 of the TRM. The Clean Up 

List identified nine revisions agreed to 

by BPA and preference customer 

representatives designated by the Public 

Power Council. Revision 1 provides an 

amendment to the amount of Pend 

Oreille Public Utility District’s Box 

Canyon Dam resource specified in TRM 

Attachment C—Existing Resources for 

CHWMs. 

Revision 2, the CHWM adjustment, 

provides an amendment to the 

calculation of the CHWM pursuant to 

section 4.1 of the TRM. During the 

Clean-Up review, some of BPA’s 

customers became concerned that the 

effects of the current economic 

recession may adversely affect their FY 

2010 load, thereby reducing their 

CHWM. BPA met with public power 

representatives and jointly developed 

the proposed modification to the 

calculation of CHWM. The proposed 

modification would provide each 

customer with an option to include 

provisional amounts in its CHWM if it 

has experienced qualifying load 

reductions due to the current economic 

recession. The provisional CHWM 

would be made permanent if the load 

recovers within specified parameters. 

Revision 3 proposes clarification to 

certain language regarding Forecast 

Monthly/Diurnal Tier 1 Load 

throughout the TRM. These proposed 

modifications do not change the intent 

of the original language, but change 

certain terms to add clarity. 

Revision 4 deletes certain language 

from TRM section 8.5. This proposed 

modification does not change the intent 

of the original language, but removes 

unnecessary language. 

Revision 5 adds a minimum duration 

for public comment during the Rate 

Period High Water Mark process. The 

original language in TRM section 4.2.2 

provided for public comment, but did 

not specify a length of time for such 

comment. 

Revision 6 proposes clarification to 

certain language in TRM section 1.2 

regarding cost allocation. This proposed 

modification does not change the intent 

of the original language, but changes 

certain terms to add clarity. 

Revision 7 proposes clarification to 

certain language in TRM sections 4 and 

4.2 regarding Net Requirements. This 

modification will also add a definition 

of net requirement consistent with the 

power sales contract definition. These 

proposed modifications do not change 

the intent of the original language, but 

change certain terms to add clarity. 

Revision 8 proposes to add language 

to TRM section 12.5, an action that is 

not considered to be a revision to the 

TRM. This proposed modification does 

not change the intent of the original 

language, but includes an inadvertent 

oversight of the basis for allocating an 

interest credit. 

BPA’s proposed modifications to the 

TRM are available for viewing and 

downloading on BPA’s Web site at 

http://www.bpa.gov/corporate/ratecase. 

Copies will also be available for viewing 

at BPA’s Public Information Center, 

BPA Headquarters Building, 1st Floor, 

905 NE. 11th Avenue, Portland, Oregon. 

Issued in Portland, Oregon, the 21st of May 

2009. 

Stephen J. Wright, 

Administrator and Chief Executive Officer. 

[FR Doc. E9–12489 Filed 5–28–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2004–0500; FRL–8910–4] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Information 

Collection Activities Associated With 

EPA’s ENERGY STAR Program in the 

Residential Sector; EPA ICR No. 

2193.02, OMB Control No. 2060–0586 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR is scheduled to expire on November 

30, 2009. Before submitting the ICR to 

OMB for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before July 28, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0500, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-Docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Air and Radiation Docket, Mailcode 

28221T, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: Air and Radiation 

Docket in the EPA Docket Center (EPA/ 

DC), EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

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