Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 30567 

1Western’s OATT was most recently approved by 

FERC on June 28, 2007, in Docket No. NJ07–2–000, 

119 FERC ¶61,329 (2007) and the FERC’s letter 

order issued on September 6, 2007, in Docket No. 

NJ07–2–001. 

day after the time allowed for protest. If 

a protest is filed and not withdrawn 

within 30 days after the time allowed 

for filing a protest, the instant request 

shall be treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

The Commission strongly encourages 

electronic filings of comments, protests, 

and interventions via the internet in lieu 

of paper. See 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site (http:// 

www.ferc.gov) under the ‘‘e-Filing’’ link. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–15208 Filed 6–26–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Pick-Sloan Missouri Basin Program— 

Eastern Division—Rate Order No. 

WAPA–148 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of Proposed 

Transmission Service Penalty Rate for 

Unreserved Use 

SUMMARY: The Western Area Power 

Administration (Western) proposes to 

add a penalty rate for Unreserved Use of 

Transmission Service for the Pick-Sloan 

Missouri Basin Program—Eastern 

Division (P–SMBP—ED) in a new rate 

schedule, Rate Schedule UGP–TSP1. 

The new rate schedule for Unreserved 

Use of Transmission System Penalties, 

Rate Schedule UGP–TSP1, is proposed 

to go into effect on the later of January 

1, 2010, or when Western’s Open Access 

Transmission Tariff (OATT) is revised 

to provide for Unreserved Use Penalties. 

Prior to implementing the penalty rate, 

Western will post notice on its Open 

Access Same-Time Information System 

(OASIS) Web site. If Rate Schedule 

UGP–TSP1 is implemented, it will 

remain in effect through December 31, 

2014, or until superseded. Western will 

prepare a brochure that provides 

detailed information on the proposed 

rate to all interested parties. Publication 

of this Federal Register notice begins 

the formal process for the proposed 

penalty rate. 

DATES: The consultation and comment 

period begins today and will end 

September 24, 2009. Western will 

present a detailed explanation of the 

proposed rate at a public information 

forum. The public information forum 

date is July 28, 2009, 8 a.m. to 8:45 a.m. 

CDT, Sioux Falls, South Dakota. 

Western will accept oral and written 

comments at a public comment forum. 

The public comment forum date is July 

28, 2009, and will be held in 

conjunction with the public comment 

forum for the adjustment of Western’s 

transmission and ancillary services rates 

(as announced in 74 FR 26682 on June 

3, 2009) from 9 a.m. to 12 p.m. CDT, 

Sioux Falls, South Dakota. Western will 

accept written comments any time 

during the consultation and comment 

period. 

ADDRESSES: Written comments and/or 

requests to be informed of Federal 

Energy Regulatory Commission (FERC) 

actions concerning the rates submitted 

by Western to the FERC for approval 

should be sent to Robert J. Harris, 

Regional Manager, Upper Great Plains 

Region, Western Area Power 

Administration, 2900 4th Avenue North, 

Billings, MT 59101–1266, e-mail 

UGPISRate@wapa.gov. Western will 

post information about the rate process 

on its Web site at http://www.wapa.gov/ 

ugp/rates/default.htm. Western will also 

post official comments received via 

letter and e-mail to its Web site after the 

close of the comment period. Western 

must receive written comments by the 

end of the consultation and comment 

period to ensure they are considered in 

Western’s decision process. The public 

information forum location is the 

Holiday Inn, 100 West 8th Street, Sioux 

Falls, SD. The public comment forum 

location is the Holiday Inn, 100 West 

8th Street, Sioux Falls, SD. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Cady-Hoffman, Rates Manager, 

Upper Great Plains Region, Western 

Area Power Administration, 2900 4th 

Avenue North, Billings, MT 59101– 

1266, telephone (406) 247–7439, e-mail 

cady@wapa.gov. 

SUPPLEMENTARY INFORMATION: The 

transmission facilities in the P–SMBP— 

ED are integrated with transmission 

facilities of Basin Electric Power 

Cooperative (Basin) and Heartland 

Consumers Power District (Heartland) 

such that transmission services are 

provided over an integrated 

transmission system, called the 

Integrated System (IS), and the rates are 

sometimes referred to as IS Rates. 

Western acts as the administrator of the 

IS and monitors service under the 

OATT.1 As owners of the IS, Western, 

Basin, and Heartland may be referred to 

as IS Partners. 

Proposed Penalty Rate for Unreserved 

Use of Transmission Service 

Unreserved Use of Transmission 

Service is provided when a 

Transmission Customer uses 

transmission service that it has not 

reserved or uses transmission service in 

excess of its reserved capacity. A 

Transmission Customer that has not 

secured reserved capacity or exceeds its 

firm or non-firm reserved capacity at 

any point of receipt or any point of 

delivery will be assessed Unreserved 

Use Penalties. 

The penalty charge for a Transmission 

Customer that engages in Unreserved 

Use is 200 percent of Western’s 

approved transmission service rate for 

point-to-point transmission service 

assessed as follows: 

(i) The Unreserved Use Penalty for a 

single hour of unreserved use will be 

based upon the rate for daily firm pointto-point service. 

(ii) The Unreserved Use Penalty for 

more than one assessment for a given 

duration (e.g., daily) will increase to the 

next longest duration (e.g., weekly). 

(iii) The Unreserved Use Penalty 

charge for multiple instances of 

unreserved use (for example, more than 

1 hour) within a day will be based on 

the rate for daily firm point-to-point 

service. The penalty charge for multiple 

instances of unreserved use isolated to 

1 calendar week would result in a 

penalty based on the charge for weekly 

firm point-to-point service. The penalty 

charge for multiple instances of 

unreserved use during more than 1 

week during a calendar month is based 

on the charge for monthly firm point-topoint service. 

A Transmission Customer that 

exceeds its firm reserved capacity at any 

Point of Receipt or Point of Delivery or 

an Eligible Customer that uses 

Transmission Service at a Point of 

Receipt or Point of Delivery that it has 

not reserved is required to pay for all 

Ancillary Services identified in 

Western’s OATT that were provided by 

Western and associated with the 

unreserved service on the IS system. 

The Transmission Customer or Eligible 

Customer will pay for Ancillary 

Services based on the amount of 

transmission service it used, but did not 

reserve. 

Unreserved Use Penalties collected 

over and above the base point-to-point 

transmission service charge will be 

credited against the IS Annual 

Transmission Revenue Requirement 

(ATRR). For example, if a Transmission 

Customer has unreserved use that 

results in a penalty equal to twice the 

rate for firm weekly point-to-point 

30568 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 

service, Western will retain an amount 

equal to the then current rate for firm 

weekly point-to-point service with the 

balance credited against the ATRR at the 

next rate recalculation. 

Legal Authority 

Western is proposing an Unreserved 

Use Penalty rate for the P–SMBP—ED in 

accordance with section 302 of the 

Department of Energy (DOE) 

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

section transferred to and vested in the 

Secretary of Energy the power marketing 

functions of the Secretary of the 

Department of Interior and the Bureau 

of 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 section 5 

of the Flood Control Act of 1944 (16 

U.S.C. 825s); and other acts that 

specifically apply to the projects 

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 FERC. 

Existing DOE procedures for public 

participation in power rate adjustments 

(10 CFR part 903) were published on 

September 18, 1985 (50 FR 37835). 

After review of public comments, and 

possible amendments or adjustments, 

Western will recommend the Deputy 

Secretary of Energy approve the 

proposed rates on an interim basis. 

Availability of Information 

All brochures, studies, comments, 

letters, memorandums, or other 

documents that Western initiates or uses 

to develop the proposed rates are 

available for inspection and copying at 

the Upper Great Plains Regional Office, 

located at 2900 4th Avenue North, 

Billings, Montana. Many of these 

documents and supporting information 

are also available on its Web site under 

the ‘‘2009 Transmission and Ancillary 

Services Rate Adjustment Process’’ 

section located at http://www.wapa.gov/ 

ugp/rates/default.htm. 

Regulatory Procedure Requirements 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4347), Council 

on Environmental Quality Regulations 

(40 CFR parts 1500–1508), and DOE 

NEPA Regulations (10 CFR part 1021), 

Western is in the process of determining 

whether an environmental assessment 

or an environmental impact statement 

should be prepared or if this action can 

be categorically excluded from those 

requirements. 

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. 

Dated: June 18, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–15047 Filed 6–25–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2003–0004; FRL–8424–3] 

Access to Confidential Business 

Information by Computer Sciences 

Corporation’s Identified Subcontractor 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has authorized a 

subcontractor, of its prime contractor, 

Computer Sciences Corporation (CSC) of 

Chantilly, VA, to access information 

which has been submitted to EPA under 

all sections of the Toxic Substances 

Control Act (TSCA). Some of the 

information may be claimed or 

determined to be Confidential Business 

Information (CBI). 

DATES: Access to the confidential data 

will occur no sooner than July 6, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Scott Sherlock, Information 

Management Division (7407M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–8257; fax number: (202) 564– 

8251; e-mail address: Scott 

Sherlock@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Notice Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to you if you are conducting, 

or may be required to conduct testing of 

chemical substances under the Toxic 

Substances Control Act (TSCA). Since 

other entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2003–0004. All documents in the 

docket are listed in the docket index 

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

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr.