Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 34009 

REGULAR MEETING—Continued 

[July 16, 2009, 10 a.m.] 

Item No. Docket No. Company 

E–28 ........................ EF06–2011–000 ....................................... United States Department of Energy-Bonneville Power Administration. 

EF06–2011–001.

EF06–2011–002.

E–29 ........................ EL08–58–000 ............................................ Pepco Energy Services, Inc. v. PJM Interconnection, LLC. 

E–30 ........................ ER08–1540–001 ....................................... Virginia Electric and Power Company. 

E–31 ........................ OMITTED.

E–32 ........................ EL03–54–005 ............................................ Cities of Anaheim, Azusa, Banning, Colton, and Riverside, California and City 

of Vernon, California v. California Independent System Operator Corporation. 

E–33 ........................ EL09–51–000 ............................................ Boralex Ashland LP v. ISO New England Inc. 

E–34 ........................ ER08–1055–002 ....................................... Midwest Independent Transmission System Operator, Inc. 

ER08–1055–003.

GAS 

G–1 .......................... RM09–2–000 ............................................ Contract Reporting Requirements of Intrastate Natural Gas Companies. 

G–2 .......................... RM08–2–000 ............................................ Pipeline Posting Requirements Under Section 23 of the Natural Gas Act. 

G–3 .......................... RM96–1–030 ............................................ Standards for Business Practices for Interstate Natural Gas Pipelines. 

G–4 .......................... RP09–194–000 ......................................... Tennessee Gas Pipeline Company. 

G–5 .......................... RP09–447–001 ......................................... Monroe Gas Storage Company, LLC. 

RP09–447–002 .........................................

HYDRO 

H–1 .......................... P–2100–165 .............................................. County of Butte, California v. California Department of Water Resources. 

EL09–55–000 ............................................

H–2 .......................... P–13053–001 ............................................ Green Wave Energy Solutions, LLC. 

H–3 .......................... RM09–6–001 ............................................ Update of the Federal Energy Regulation Commission’s Fees Schedule for 

Annual Charges for the Use of Government Lands. 

H–4 .......................... P–2299–065 .............................................. Turlock Irrigation District and Modesto Irrigation District. 

P–2299–053 ..............................................

CERTIFICATES 

C–1 .......................... OMITTED.

C–2 .......................... CP09–58–000 ........................................... Rockies Express Pipeline LLC. 

C–3 .......................... CP09–60–000 ........................................... Dominion Cove Point LNG, LP. 

CP09–60–001 ...........................................

Kimberly D. Bose, 

Secretary. 

A free webcast of this event is 

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Anyone with Internet access who 

desires to view this event can do so by 

navigating to http://www.ferc.gov’s 

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http://www.CapitolConnection.org or 

contact Danelle Springer or David 

Reininger at 703–993–3100. 

Immediately following the conclusion 

of the Commission Meeting, a press 

briefing will be held in the Commission 

Meeting Room. Members of the public 

may view this briefing in the designated 

overflow room. This statement is 

intended to notify the public that the 

press briefings that follow Commission 

meetings may now be viewed remotely 

at Commission headquarters, but will 

not be telecast through the Capitol 

Connection service. 

[FR Doc. E9–16731 Filed 7–13–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Loveland Area Projects—Rate Order 

No. WAPA–146 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of proposed power rates. 

SUMMARY: The Western Area Power 

Administration (Western) is proposing 

revised rates for Loveland Area Projects 

(LAP) firm electric service. LAP consists 

of the Fryingpan-Arkansas Project (FryArk) and the Pick-Sloan Missouri Basin 

Program—Western Division (PickSloan—WD), which were integrated for 

marketing and rate-making purposes in 

1989. Current rates, under Rate 

Schedule L-F8, extend through 

December 31, 2013, but are not 

sufficient to meet LAP 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 Schedule L-F9, 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 a public information forum. The 

public information forum will be held 

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

a.m. MDT, in Northglenn, Colorado. 

Western will accept oral and written 

mstockstill on DSKH9S0YB1PROD with NOTICES

34010 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 

1Under the current Rate Schedule, 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 the entire rate increase. 

comments at a public comment forum. 

The public comment forum will be held 

on August 18, 2009, from 11 a.m. to no 

later than 12 p.m. MDT, in Northglenn, 

Colorado. 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 the Regional Manager, Rocky 

Mountain Region, Western Area Power 

Administration, 5555 East Crossroads 

Boulevard, Loveland, CO 80538–8986, 

or e-mail to lapfirmadj@wapa.gov. 

Western will post information about the 

rate process on its Web site at http://

www.wapa.gov/rm/ratesRM/2010/

default.htm. 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. The location of the public 

information and comment forums is the 

Ramada Plaza Hotel, 10 East 120th 

Avenue, Northglenn, Colorado. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sheila D. Cook, Rates Manager, Rocky 

Mountain Region, Western Area Power 

Administration, 5555 East Crossroads 

Boulevard, Loveland, CO 80538–8986, 

telephone (970) 461–7211, e-mail 

lapfirmadj@wapa.gov or 

scook@wapa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rates for LAP firm electric 

service are designed to recover an 

annual revenue requirement that 

includes investment repayment, 

interest, purchase power, operation and 

maintenance (O&M), and other 

expenses. The projected annual revenue 

requirement for firm electric service is 

allocated equally between capacity and 

energy. 

The Acting Deputy Secretary of 

Energy approved existing Rate Schedule 

L-F8 for firm electric service on an 

interim basis on January 8, 2009 (74 FR 

3015, January 16, 2009), for a 5-year 

period beginning on February 1, 2009, 

and ending December 31, 2013, or until 

superseded. Under Rate Schedule L-F8, 

the composite rate is 37.24 mills per 

kilowatthour (mills/kWh), the firm 

energy rate is 18.62 mills/kWh, and the 

firm capacity rate is $4.88 per 

kilowattmonth (kWmonth). This Rate 

Schedule is formula based, providing 

for an increase in the Drought Adder 

rate component of up to 2 mills/kWh 

without a formal public process. 

The current rate, including a 2 mills/ 

kWh increase provided for under the 

Drought Adder formula rate component, 

is not sufficient to meet the LAP 

revenue requirement. As a result, 

Western is entering into this rate 

adjustment process. The proposed rate 

adjustment reflects a rate increase based 

on the Fry-Ark and Pick-Sloan—WD 

revenue requirements derived from the 

Fiscal Year 2008 Power Repayment 

Studies (PRSs). The PRSs set the LAP 

annual revenue requirement for 2010 for 

firm electric service at $84.5 million, 

which is an 11.2 percent increase (1.6 

percent Base and 9.6 percent Drought 

Adder). 

The 1.6 percent increase from the 

Base rate component is due to a slight 

increase in O&M costs, as well as the 

inclusion of additional transmission 

costs associated with the wheeling of 

Mt. Elbert generation in the Fry-Ark 

PRS. Previously, these transmission cost 

projections were only included through 

2010, the expiration date of Western’s 

contract with the transmission provider. 

In the 2004 rate adjustment process, it 

was decided that the Fry-Ark PRS 

would include three additional years of 

transmission cost projections, through 

2013. In the current rate adjustment, 

Western is proposing to include 

transmission cost projections through 

2024, the end of LAP’s Marketing Plan. 

Transmission service will be needed 

beyond 2013, so it is appropriate to 

include those costs at least through the 

term of the LAP contracts. The 

additional transmission costs are 

partially offset by increases in projected 

ancillary service revenues. The 9.6 

percent increase from the Drought 

Adder rate component is due to 

increased drought related costs. 

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.1 Western has prepared 

the proposed rate schedule for firm 

electric service (LF–9) 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 L-F9 is listed in Table 1. 

TABLE 1—LAP FIRM ELECTRIC SERVICE REVENUE REQUIREMENT AND RATES

Firm electric service Existing rates February 1, 2009 Proposed rates January 1, 2010 Percent 

change 

Revenue Requirement ................................ $75.9 million .............................................. $84.5 million .............................................. 11.2 

Composite Rate .......................................... 37.24 mills/kWh ......................................... 41.42 mills/kWh ......................................... 11.2 

Firm Energy Rate ........................................ 18.62 mills/kWh ......................................... 20.71 mills/kWh ......................................... 11.2 

Firm Capacity Rate ..................................... $4.88/kWmonth .......................................... $5.43/kWmonth .......................................... 11.2 

Under Rate Schedule L–F9, 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 drought 

conditions. The Drought Adder rate 

component includes costs associated 

with future non-timing purchases of 

additional power to meet 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices 34011 

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 

LAP annual revenue requirement equals 

$84.5 million and is comprised of a Base 

revenue requirement of $51.2 million 

plus a Drought Adder revenue 

requirement of $33.3 million. A 

comparison of the current and proposed 

rate components is listed in Table 2. 

TABLE 2—SUMMARY OF LAP RATE COMPONENTS

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

Firm energy Firm capacity Firm energy Firm capacity 

Base ........................ 12.23 mills/kWh ........................ $3.21/kWmonth ......................... 12.54 mills/kWh ........................ $3.29/kWmonth. 

Drought Adder ........ 6.39 mills/kWh .......................... $1.67/kWmonth ......................... 8.17 mills/kWh .......................... $2.14/kWmonth. 

Total LAP ......... 18.62 mills/kWh ........................ $4.88/kWmonth ......................... 20.71 mills/kWh ........................ $5.43/kWmonth. 

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, demonstrate repayment of the 

drought related costs in the PRSs, 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 PRSs are 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 PRSs, 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 

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 

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 one-year cycle. 

Legal Authority 

Since the proposed rates constitute a 

major adjustment as defined by 10 CFR 

part 903, Western will hold a public 

information forum and a public 

comment forum. 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 rates for LAP 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 Department of Energy (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 to 

develop the proposed rates are available 

for inspection and copying at the Rocky 

Mountain Regional Office, located at 

5555 East Crossroads Boulevard, 

Loveland, Colorado. Many of these 

documents and supporting information 

are also available on Western’s Web site 

under the ‘‘Rates’’ section located at 

http://www.wapa.gov/rm/ratesRM/2010/ 

default.htm. 

Ratemaking Procedure Requirements 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321–4347); the 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 

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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. 

mstockstill on DSKH9S0YB1PROD with NOTICES