34012 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 

1FERC confirmed and approved Rate Order No. 

WAPA–140 on April 28, 2009, in Docket No. EF09– 

5031–000. See United States Department of Energy, 

Western Area Power Administration, Pick-Sloan 

Missouri Basin Program, 127 FERC ¶62075 (April 

28, 2009). 

2Under the current Rate Schedules, Western had 

the option of increasing the Drought Adder rate 

component by up to 2 mills/kWh outside of a 

formal public process and only initiating the formal 

public process for the Base rate component increase 

and the incremental increase of the Drought Adder 

rate component above 2 mills/kWh. Instead, 

Western has opted to initiate the formal public 

process for this rate increase. 

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 29, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–16689 Filed 7–13–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Pick-Sloan Missouri Basin Program— 

Eastern Division—Rate Order No. 

WAPA–147 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of Proposed Power Rates. 

SUMMARY: The Western Area Power 

Administration (Western) is proposing 

revised rates for Pick-Sloan Missouri 

Basin Program—Eastern Division (P– 

SMBP—ED) firm electric and firm 

peaking power service. Current rates, 

under Rate Schedules P–SED–F10 and 

P–SED–FP10, extend through December 

31, 2013, but are not sufficient to meet 

the P–SMBP—ED revenue requirements. 

The proposed rates will provide 

sufficient revenue to pay all annual 

costs, including interest expense, and 

repay investments within the allowable 

periods. Western will prepare and make 

available a brochure that provides 

detailed information on the proposed 

rates. The proposed rates, under Rate 

Schedules P–SED–F11 and P–SED– 

FP11, would go into effect on January 1, 

2010, and would remain in effect 

through December 31, 2014, or until 

superseded. Publication of this Federal 

Register notice begins the formal 

process for the proposed rate 

adjustment. 

DATES: The consultation and comment 

period begins today and will end 

October 13, 2009. Western will present 

a detailed explanation of the proposed 

rates at public information forums. 

Public information forum dates are: 

1. August 18, 2009, 9 a.m. to 10:30 

a.m. MDT, Northglenn, Colorado. 

2. August 19, 2009, 9 a.m. to 10:30 

a.m. CDT, Sioux Falls, South Dakota. 

Western will accept oral and written 

comments at public comment forums. 

Public comment forums will be held on 

the following dates: 

1. August 18, 2009, 11 a.m. to no later 

than 12 noon MDT, Northglenn, 

Colorado. 

2. August 19, 2009, 11 a.m. to no later 

than 12 noon 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 FERC for approval should 

be sent to Mr. Robert J. Harris, Regional 

Manager, Upper Great Plains Region, 

Western Area Power Administration, 

2900 4th Avenue North, Billings, MT 

59101–1266, or e-mail at 

ugpfirmrate@wapa.gov. Western will 

post information about the rate process 

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

ugp/rates/2010firmrateadjust. Western 

will post comments received via letter 

and e-mail to its Web site after the close 

of the comment period. Written 

comments must be received by the end 

of the consultation and comment period 

to be considered by Western in its 

decision process. 

Public information and comment 

forum locations are: 

1. Northglenn—Ramada Plaza Hotel, 

10 East 120th Avenue, Northglenn, 

Colorado. 

2. Sioux Falls—Holiday Inn, 100 West 

8th Street, Sioux Falls, South Dakota. 

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 

proposed rates for P-SMBP—ED firm 

electric and firm peaking service are 

designed to recover an annual revenue 

requirement that includes investment 

repayment, interest, purchase power, 

operation and maintenance, and other 

expenses. 

The Acting Deputy Secretary of 

Energy approved existing Rate 

Schedules P–SED–F10 and P–SED–FP10 

for firm electric and firm peaking 

service on an interim basis on January 

8, 2009 (74 FR, 3022, January 16, 2009), 

for a 5-year period beginning on 

February 1, 2009, and ending December 

31, 2013, or until superseded. FERC 

confirmed and approved those Rate 

Schedules on a final basis on April 28, 

2009.1 Under Rate Schedule P–SED–F10 

effective February 1, 2009, the 

composite rate is 29.34 mills per 

kilowatthour (mills/kWh), the firm 

energy rate is 16.71 mills/kWh, and the 

firm capacity rate is $6.80 per 

kilowattmonth (kWmonth). The 

projected revenue requirement for firm 

electric service is allocated equally 

between capacity and energy. Under 

Rate Schedule P–SED–FP10 effective 

February 1, 2009, the firm peaking 

capacity rate is $6.20/kWmonth. These 

Rate Schedules are formula-based, 

providing for an increase in the Drought 

Adder rate component of up to 2 mills/ 

kWh without a formal public process. 

This proposed rate adjustment reflects 

a rate increase based on the P–SMBP 

Fiscal Year 2008 Power Repayment 

Study (PRS). The PRS sets the total 

annual P–SMBP—ED revenue 

requirement for 2010 for firm electric 

and firm peaking power service at 

$320.2 million, or a 13.1 percent 

increase for a composite rate of 33.25 

mills/kWh. The current rates, including 

a 2 mills/kWh increase provided for 

under the Drought Adder formula rate 

component, are not sufficient to meet 

the P–SMBP—ED revenue requirements. 

Given the need for a Base rate 

component increase and the size of the 

Drought Adder rate component increase, 

Western is required to initiate a formal 

public process.2 Western has prepared 

the proposed rate schedules for firm 

electric service (P–SED–F11) and firm 

peaking service (P–SED–FP11) for 

consideration and comment during this 

public process. A comparison of the 

existing revenue requirement and rates 

and the proposed revenue requirement 

and rates under P–SED–F11 and P– 

SED–FP11 is listed in Table 1. 

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Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 34013 

TABLE 1—P–SMBP—ED FIRM ELECTRIC AND FIRM PEAKING POWER SERVICE REVENUE REQUIREMENT AND RATES

Firm electric service Existing rates as of Feb. 1, 2009 Proposed rates Jan. 1, 2010 Percent 

change 

Firm and Firm Peaking Revenue Requirement ................... $283.0 million ................................. $320.2 million ................................. 13.1 

Composite Rate .................................................................... 29.34 mills/kWh .............................. 33.25 mills/kWh .............................. 13.3 

Firm Capacity Rate ............................................................... $6.80/kWmonth .............................. $7.65/kWmonth .............................. 12.5 

Firm Energy Rate ................................................................. 16.71 mills/kWh .............................. 19.05 mills/kWh .............................. 14.0 

Firm Peaking Capacity Rate ................................................ $6.20/kWmonth .............................. $6.90/kWmonth .............................. 11.3 

Firm Peaking Energy Rate 1 ................................................. 16.71 mills/kWh .............................. 19.05 mills/kWh .............................. 14.0 

1Firm peaking energy is normally returned. This will be assessed in the event firm peaking energy is not returned. 

Under Rate Schedule P–SED–F11, 

Western is proposing to continue to 

identify its firm electric service revenue 

requirement using Base and Drought 

Adder rate components and provide for 

an annual increase in the Drought 

Adder rate component of up to 2 mills/ 

kWh. The Base rate component is a 

revenue requirement that includes 

annual operation and maintenance 

expenses, investment repayment and 

associated interest, normal timing 

power purchases, and transmission 

costs. Western’s normal timing power 

purchases are due to operational 

constraints (e.g., management of 

endangered species habitat, water 

quality, navigation, etc.) and are not 

associated with the current drought. The 

Drought Adder rate component is a 

formula-based revenue requirement that 

includes costs attributable to the past 

and present drought conditions. The 

Drought Adder rate component includes 

costs associated with future non-timing 

purchases of additional power to firm 

obligations not covered with available 

system generation due to the drought, 

previously incurred deficits due to 

purchased power debt that resulted 

from non-timing power purchases made 

during this drought, and the interest 

associated with the previously incurred 

and future drought debt. The Drought 

Adder rate component is designed to 

repay Western’s drought debt within 10 

years from the time the debt was 

incurred, using balloon-payment 

methodology. For example, the drought 

debt incurred by Western in 2008 will 

be repaid by 2018. 

The annual revenue requirement 

calculation will continue to be 

summarized by the following formula: 

Annual Revenue Requirement = Base 

Revenue Requirement + Drought Adder 

Revenue Requirement. Under this 

proposal, effective January 1, 2010, the 

P–SMBP—ED annual revenue 

requirement equals $332.8 million and 

is comprised of a Base revenue 

requirement of $166.0 million plus a 

Drought Adder revenue requirement of 

$166.8 million. Both the Base and 

Drought Adder rate components recover 

portions of the firm power revenue 

requirement, firm peaking power, and 

associated 5 percent discount revenue 

necessary to equal the P–SMBP—ED 

revenue requirement. A comparison of 

the current and proposed rate 

components is listed in Table 2. 

TABLE 2—SUMMARY OF P–SMBP—ED RATE COMPONENTS

Existing rates as of February 1, 2009 Proposed rates January 1, 2010 

Base rate 

component 

Drought 

Adder rate 

component 

Total Base rate 

component 

Drought 

Adder rate 

component 

Total 

Firm Capacity Rate (/kWmonth) ...................................... $3.80 $3.00 $6.80 $3.80 $3.85 $7.65 

Firm Energy Rate (mills/kWh) .......................................... 9.27 7.44 16.71 9.53 9.52 19.05 

Firm Peaking Capacity Rate (/kWmonth) ........................ $3.40 $2.80 $6.20 $3.45 $3.45 $6.90 

Firm Peaking Energy Rate (mills/kWh)1 .......................... 9.27 7.44 16.71 9.53 9.52 19.05 

1Firm peaking energy is normally returned. This will be assessed in the event firm peaking energy is not returned. 

As set forth in Table 2 above, under 

proposed Rate Schedule P–SED–FP11, 

the firm peaking capacity rate will 

increase to $6.90/kWmonth, or an 11.3 

percent increase for the proposed 

January 1, 2010, rate adjustment. 

Peaking energy is either returned to 

Western or paid for in accordance with 

the terms of the contract between 

Western and the peaking power 

customer. 

Continuing to identify the firm 

electric service revenue requirement 

using Base and Drought Adder rate 

components will assist Western in the 

presentation of the impacts of the 

drought within the Pick-Sloan Program, 

demonstrate repayment of the drought 

related costs in the PRS, and allow 

Western to be more responsive to 

changes in drought related expenses. 

Western will continue to charge and bill 

its customers firm electric service rates 

for energy and capacity, which are the 

sum of the Base and Drought Adder rate 

components. 

Western reviews its firm electric 

service rates annually. Western will 

review the Base rate component after 

the annual PRS is completed, generally 

in the first quarter of the calendar year. 

If an adjustment to the Base rate 

component is necessary, Western will 

initiate a public process pursuant to 10 

CFR part 903 prior to making an 

adjustment. 

In accordance with the original 

implementation of the Drought Adder 

rate component, Western will continue 

to review the Drought Adder rate 

component each September to 

determine if drought costs differ from 

those projected in the PRS, and, if so, 

whether an adjustment, either 

incremental or decremental, to the 

Drought Adder rate component is 

necessary. Western will notify 

customers by letter in October of the 

planned incremental or decremental 

adjustment and implement the 

adjustment in the January billing cycle. 

Although decremental adjustments to 

the Drought Adder rate component will 

occur as drought costs are repaid, the 

adjustments cannot result in a negative 

Drought Adder rate component. To give 

customers advance notice, Western will 

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34014 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 

conduct a preliminary review of the 

Drought Adder rate component in early 

summer and notify customers by letter 

of the estimated change to the Drought 

Adder rate component for the following 

January, with the final Drought Adder 

rate component adjustment verified 

with notification in the October letter to 

the customers. Implementing the 

Drought Adder rate component 

adjustment on January 1 of each year 

will help keep the drought deficits from 

escalating as quickly, will lower the 

interest expense due to drought deficits, 

will demonstrate responsible deficit 

management, and will provide prompt 

drought deficit repayments. 

As a part of the current and proposed 

rate schedules, Western provides for a 

formula-based adjustment of the 

Drought Adder rate component of up to 

2 mills/kWh. The 2 mills/kWh cap is 

intended to place a limit on the amount 

the Drought Adder formula can be 

adjusted relative to associated drought 

costs without having to go through a 

public process to recover costs 

attributable to the Drought Adder 

formula rate for any 1-year cycle. 

Legal Authority 

Since the proposed rates constitute a 

major rate adjustment as defined by 10 

CFR part 903, Western will hold public 

information forums and public 

comment forums. Western will review 

all timely public comments and make 

amendments or adjustments to the 

proposal as appropriate. Proposed rates 

will be forwarded to the Deputy 

Secretary of Energy for approval on an 

interim basis. 

Western is establishing firm electric 

service and peaking rates for P–SMBP— 

ED under the Department of Energy 

Organization Act (42 U.S.C. 7152); 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)); 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 FERC. 

Existing DOE procedures for public 

participation in power rate adjustments 

(10 CFR part 903) were published on 

September 18, 1985. 

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 Western’s Web site 

under the ‘‘2010 Firm Rate Adjustment’’ 

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

ugp/rates/2010firmrateadjust. 

Ratemaking Procedure Requirements 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act (NEPA) of 

1969 (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 29, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–16690 Filed 7–13–09; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission 

for Extension Under Delegated 

Authority, Comments Requested 

June 30, 2009. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burden and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520), the Federal Communications 

Commission invites the general public 

and other Federal agencies to comment 

on the following information 

collection(s). Comments are requested 

concerning (a) whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Commission, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Commission’s burden estimate; (c) ways 

to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

An agency may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB control number. 

DATES: Written PRA comments should 

be submitted on or before September 14, 

2009. If you anticipate that you will be 

submitting comments but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Submit your comments by 

e-mail to PRA@fcc.gov. Include in the email the OMB control number of the 

collection. If you are unable to submit 

your comments by e-mail, contact the 

person listed below to make alternate 

arrangements. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection(s) or to obtain a 

copy of the collection, send an e-mail to 

PRA@fcc.gov and include the 

collection’s OMB control number as 

shown in the SUPPLEMENTARY

INFORMATION section below, or call 

Leslie F. Smith at (202) 418–0217. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0392. 

Title: 47 CFR 1 Subpart J—Pole 

Attachment Complaint Procedures. 

Form Number: Not applicable. 

Type of Review: Extension of 

currently approved collection. 

Respondents: Businesses or other forprofit, and State, Local or Tribal 

Government. 

Number of Respondents and 

Responses: 1,772 respondents; 1,772 

responses. 

Estimated Time per Response: 0.5 to 

100 hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure. 

Obligation To Respond: Required to 

obtain or retain benefits (47 U.S.C. 224). 

Total Annual Burden: 2,629 hours. 

Total Annual Cost: $450,000. 

Privacy Act Impact Assessment: No 

privacy impacts. 

mstockstill on DSKH9S0YB1PROD with NOTICES