Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37025 

1 FERC confirmed and approved Rate Order No. 

WAPA–120 on June 22, 2006, in Docket No. EF05– 

5091–000, See United States Department of Energy, 

Western Area Power Administration, Boulder 

Canyon Project, 115 FERC ¶ 61.362 (June 22, 2006). 

application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as directed by 

the Secretary under 34 CFR 75.118. The 

Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: The goal of 

the CSP is to support the creation and 

development of a large number of highquality charter schools that are free from 

State or local rules that inhibit flexible 

operation, are held accountable for 

enabling students to reach challenging 

State performance standards, and are 

open to all students. The Secretary has 

two performance indicators to measure 

this goal: (1) The number of charter 

schools in operation around the Nation, 

and (2) the percentage of charter school 

students who are achieving at or above 

the proficient level on State 

examinations in mathematics and 

reading. Additionally, the Secretary has 

established the following measure to 

examine the efficiency of the CSP: 

Federal cost per student in 

implementing a successful school 

(defined as a school in operation for 

three or more consecutive years). 

All grantees will be expected to 

submit an annual performance report 

documenting their contribution in 

assisting the Department in meeting 

these performance measures. 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: Erin 

Pfeltz, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

4W255, Washington, DC 20202–5970. 

Telephone: (202) 205–3525 or by e-mail: 

erin.pfeltz@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: July 22, 2009. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. E9–17851 Filed 7–24–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Boulder Canyon Project 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of base charge and rates. 

SUMMARY: The Deputy Secretary of 

Energy approved the Fiscal Year (FY) 

2010 Base Charge and Rates (Rates) for 

Boulder Canyon Project (BCP) electric 

service provided by the Western Area 

Power Administration (Western). The 

Rates will provide sufficient revenue to 

pay all annual costs, including interest 

expense, and repay investments within 

the allowable period. 

DATES: The Rates will be effective the 

first day of the first full billing period 

beginning on or after October 1, 2009. 

These Rates will stay in effect through 

September 30, 2010, or until superseded 

by other rates. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jack Murray, Rates Manager, Desert 

Southwest Customer Service Region, 

Western Area Power Administration, 

P.O. Box 6457, Phoenix, AZ 85005– 

6457, (602) 605–2442, e-mail 

jmurray@wapa.gov. 

SUPPLEMENTARY INFORMATION: Rate 

Schedule BCP–F7, Rate Order No. 

WAPA–120, effective October 1, 2005 

through September 30, 2010, allows for 

an annual recalculation of the rates.1

This notice sets forth the recalculated 

rates for FY 2010. 

Under Rate Schedule BCP–F7, the 

existing composite rate effective on 

October 1, 2008 was 18.62 mills per 

kilowatthour (mills/kWh). The base 

charge was $70,213,497, the energy rate 

was 9.31 mills/kWh, and the capacity 

rate was $1.73 per kilowattmonth 

(kWmonth). The re-calculated rates for 

BCP electric service, to be effective 

October 1, 2009, will result in an overall 

composite rate of 18.93 mills/kWh. The 

proposed rates were calculated using 

the FY 2010 Final Master Schedule. 

This resulted in an increase of 

approximately 1.70 percent when 

compared with the existing BCP electric 

service composite rate. The increase is 

due to a decrease in the projected 

energy sales and an increase in the 

annual revenue requirement. The FY 

2010 base charge is increasing to 

$70,681,340. The major contributing 

factors to the base charge increase is the 

increase in annual operation and 

maintenance expenses and uprating 

program payments. The FY 2010 energy 

rate of 9.47 mills/kWh is approximately 

a 1.70 percent increase from the existing 

energy rate of 9.31 mills/kWh. The 

increase in the energy rate is due to a 

decrease in the projected energy sales 

resulting from a decrease in projected 

water releases. The FY 2010 capacity 

rate of $1.76/kWmonth reflects an 

increase of approximately 1.22 percent 

compared to the existing capacity rate of 

$1.73/kWmonth. The increase in the 

capacity rate is due to a decrease in the 

projected capacity sales resulting from 

dropping lake elevations. Another factor 

contributing to the increase in both the 

energy and capacity rates is the increase 

in the annual revenue requirement. The 

following summarizes the steps taken by 

Western to ensure involvement of all 

Interested Parties in determining the 

Rates: 

1. A Federal Register notice was 

published on February 2, 2009 (74 FR 

5839), announcing the proposed rate 

adjustment process, initiating a public 

consultation and comment period, 

announcing public information and 

public comment forums, and presenting 

procedures for public participation. 

2. Discussion of the proposed Rates 

was initiated at an informal BCP 

Contractor meeting held March 11, 2009 

in Phoenix, Arizona. At this informal 

meeting, representatives from Western 

and the Bureau of Reclamation 

(Reclamation) explained the basis for 


jlentini on DSKJ8SOYB1PROD with NOTICES
37026 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

2The existing ratesetting formula was established 

in Rate Order No. WAPA–70 on April 19, 1996, in 

Docket No. EF96–5091–000 at 75 FERC ¶ 62050, for 

the period beginning November 1, 1995, and ending 

September 30, 2000. Rate Order No. WAPA–94, 

extending the existing ratesetting formula beginning 

on October 1, 2000, and ending September 30, 2005, 

was approved on July 31, 2001, in Docket No. 

EF00–5092–000 at 96 FERC ¶ 61171. Rate Order No. 

WAPA–120, extending the existing ratesetting 

formula for another five-year period beginning on 

October 1, 2005, and ending September 30, 2010, 

was approved on June 22, 2006, in Docket No. 

EF05–5091–000 at 115 FERC ¶ 61362. 

estimates used to calculate the Rates 

and held a question and answer session. 

3. At the public information forum 

held on April 1, 2009, in Phoenix, 

Arizona, Western and Reclamation 

representatives explained the proposed 

Rates for FY 2010 in greater detail and 

held a question and answer session. 

4. A public comment forum held on 

April 22, 2009, in Phoenix, Arizona, 

provided the public an opportunity to 

comment for the record. No individuals 

commented at this forum. 

5. Western received two comment 

letters during the 90-day consultation 

and comment period. The consultation 

and comment period ended May 4, 

2009. All comments were considered in 

developing the Rates for FY 2010. 

Written comments were received from: 

Colorado River Commission of Nevada, 

Las Vegas, Nevada; Irrigation & 

Electrical Districts Association of 

Arizona, Phoenix, Arizona. 

Comments and responses, 

paraphrased for brevity when not 

affecting the meaning of the statements, 

are presented below. 

Post 9–11 Security Cap 

Comment: A BCP Contractor 

indicated they are reviewing and will 

provide comments to Reclamation’s 

Directive and Standard regarding 

Reimbursability of Security Costs 

(Directive) and whether the Directive is 

implemented or not, Western and 

Reclamation should continue to provide 

detailed reports to the BCP customers 

regarding post 9–11 security costs so 

that the customers will be able to follow 

how the law is being applied to the 

Boulder Canyon Project as well as all 

Reclamation projects. 

Response: Western and Reclamation 

appreciate the BCP Contractors’ concern 

regarding the Directive. Regardless of 

the final implementation of the 

Directive, Reclamation and Western are 

committed to continue to provide 

information regarding the 

reimbursability of security costs to 

Boulder Canyon Project. 

Extension of Consultation and 

Comment Period 

Comment: An Interested Party 

requested the comment period for this 

rate proceeding be extended 30 days. 

The reason given for this suggestion was 

due to the possibility that some of the 

security cost data provided by 

Reclamation to Western for inclusion in 

the base charge calculation could be 

declared non-reimbursable expenditures 

once Reclamation implements their 

Directive. 

Response: Prior to finalizing an 

annual rate package, the rate process 

allows time for Western and 

Reclamation to determine if it is 

necessary to revise any costs that are 

included in the calculation of the 

proposed base charge and rates. If 

Reclamation’s Directive is implemented 

prior to finalizing the calculation of the 

proposed FY 2010 base charge and rates, 

and if the implementation results in 

changes to the security costs included in 

the proposed FY 2010 base charge and 

rates, Western will in turn revise the 

data prior to finalizing the proposed 

rates. If Reclamation’s Directive is not 

implemented prior to the calculation of 

the proposed base charge and rates 

being finalized, any costs subsequently 

deemed non-reimbursable that were 

included in the FY 2010 rates will be 

carried forward and reduce the FY 2011 

base charge and rates. Western and 

Reclamation are committed to 

coordinate very closely regarding any 

necessary revisions to the FY 2010 base 

charge and rates. Therefore there is no 

need to reopen or extend the public 

process. 

BCP Electric Service Rates 

BCP electric service rates are designed 

to recover an annual revenue 

requirement that includes operation and 

maintenance expenses, payments to 

states, visitor services, the uprating 

program, replacements, investment 

repayment and interest expense. 

Western’s Power Repayment Study 

(PRS) allocates the projected annual 

revenue requirement for electric service 

equally between capacity and energy. 

Availability of Information 

Information about this base charge 

and rate adjustment, including PRS, 

comments, letters, memorandums, and 

other supporting material developed or 

maintained by Western that was used to 

develop the FY 2010 BCP Rates, is 

available for public review in the Desert 

Southwest Customer Service Regional 

Office, Western Area Power 

Administration, 615 South 43rd 

Avenue, Phoenix, Arizona. The 

information is also available on 

Western’s Web site at http:// 

www.wapa.gov/dsw/pwrmkt/BCP/ 

RateAdjust.htm. 

Ratemaking Procedure Requirements 

BCP electric service rates are 

developed under the Department of 

Energy Organization Act (42 U.S.C. 

7101–7352), through which the power 

marketing functions of the Secretary of 

the Interior and Reclamation under the 

Reclamation Act of 1902 (ch. 1093, 32 

Stat. 388), as amended and 

supplemented by subsequent 

enactments, particularly section 9(c) of 

the Reclamation Project Act of 1939 (43 

U.S.C. 485h(c)), and other acts that 

specifically apply to the project 

involved, were transferred to and vested 

in the Secretary of Energy, acting by and 

through Western. 

By Delegation Order No. 00–037.00, 

effective December 6, 2001, the 

Secretary of Energy delegated: (1) The 

authority to develop long-term power 

and transmission rates on a nonexclusive basis 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 

procedures for public participation in 

electric service rate adjustments are 

located at 10 CFR part 903, effective 

September 18, 1985 (50 FR 37835), and 

18 CFR part 300. DOE procedures were 

followed by Western in developing the 

rate formula approved by FERC on June 

22, 2006, at 115 FERC ¶ 61362.2

The Boulder Canyon Project 

Implementation Agreement requires 

that, prior to October 1 of each rate year, 

Western determines the annual rates for 

the next fiscal year. The rates for the 

first rate year, and each fifth rate year 

thereafter, become effective 

provisionally upon approval by the 

Deputy Secretary of Energy (Deputy 

Secretary) subject to final approval by 

FERC. For all other rate years, the rates 

become effective on a final basis upon 

approval by the Deputy Secretary. 

Because FY 2010 is an interim year 

these rates become effective on a final 

basis upon approval by the Deputy 

Secretary. 

Western will continue to provide 

annual rates to the BCP Contractors by 

October 1 of each year using the same 

ratesetting formula. The rates are 

reviewed annually and adjusted upward 

or downward to assure sufficient 

revenues are collected to achieve 

payment of all costs and financial 

obligations associated with the project. 

Each fiscal year, Western prepares a PRS 

for the BCP to update actual revenues 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37027 

and expenses including interest, 

estimates of future revenues, expenses, 

and capitalized costs. 

The BCP ratesetting formula includes 

a base charge, an energy rate, and a 

capacity rate. The ratesetting formula 

was used to determine the BCP FY 2010 

Rates. 

Western proposed a FY 2010 base 

charge of $70,681,340, an energy rate of 

9.47 mills/kWh, and a capacity rate of 

$1.76/kWmonth. 

Consistent with procedures set forth 

in 10 CFR part 903 and 18 CFR part 300, 

Western held a consultation and 

comment period. The notice of the 

proposed FY 2010 Rates for electric 

service was published in the Federal 

Register on February 2, 2009 (74 FR 

5839). 

Under Delegation Order Nos. 00– 

037.00 and 00–001.00C, and in 

compliance with 10 CFR part 903 and 

18 CFR part 300, I hereby approve the 

FY 2010 Rates for BCP Electric Service 

on a final basis under Rate Schedule 

BCP–F7 through September 30, 2010. 

Dated: July 20, 2009. 

Daniel B. Poneman, 

Deputy Secretary. 

[FR Doc. E9–17801 Filed 7–24–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

July 20, 2009. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER98–4289–007. 

Applicants: Montana-Dakota Utilities 

Company. 

Description: Montana-Dakota Utilities 

Co. submits amended tariff sheets, FERC 

Electric Tariff 1st Revised Volume 2, 

etc. 

Filed Date: 07/16/2009. 

Accession Number: 20090716–0086. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER99–3151–013. 

Applicants: PSEG Energy Resources & 

Trade LLC. 

Description: Public Service Electric 

and Gas Company et al submits 

Substitute Fourth Revised Sheet 3 et al 

to FERC Electric Tariff, Original Volume 

1, effective 6/1/09. 

Filed Date: 07/15/2009. 

Accession Number: 20090716–0073. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 5, 2009. 

Docket Numbers: ER01–316–033. 

Applicants: ISO New England Inc. 

Description: ISO New England Inc. 

submits Index of Customers for the 

second quarter of 2009 under the ISO’s 

FERC Tariff for Transmission Dispatch 

and Power Administration Services. 

Filed Date: 07/15/2009. 

Accession Number: 20090716–0070. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 5, 2009. 

Docket Numbers: ER09–889–002. 

Applicants: City Of Dover Delaware. 

Description: City of Dover submits 

Original Sheet 1 to Rate Schedule FERC 

1. 

Filed Date: 07/16/2009. 

Accession Number: 20090717–0036. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1359–001. 

Applicants: PECO Energy Company. 

Description: PECO Energy Company 

submits missing pages 2 and 3 of the 

Transmission Facilities Agreement. 

Filed Date: 07/15/2009. 

Accession Number: 20090716–0046. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 5, 2009. 

Docket Numbers: ER09–1450–000. 

Applicants: Energy Productivity 

Services Inc. 

Description: Energy Productivity 

Services, Inc. submits FERC Electric 

Tariff, Original Volume 1. 

Filed Date: 07/16/2009. 

Accession Number: 20090717–0022. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1453–000. 

Applicants: Gateway Energy Services 

Corporation. 

Description: Getaway Energy Services 

Corporation submits the Petition for 

Acceptance of Initial Tariff, Waivers and 

Blanket Authorization submitted by 

Gateway. 

Filed Date: 07/16/2009. 

Accession Number: 20090716–0085. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1454–000. 

Applicants: ISO New England Inc. 

Description: ISO New England Inc. 

submits State Certification of the 

Connecticut Department of Public 

Utility Control. 

Filed Date: 07/15/2009. 

Accession Number: 20090716–0071. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 5, 2009. 

Docket Numbers: ER09–1455–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: PJM Interconnection, 

LLC submits executed interconnection 

service agreement among PJM, AES Fox 

Wind, LLC, and Pennsylvania Electric 

Company. 

Filed Date: 07/15/2009. 

Accession Number: 20090716–0072. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, August 5, 2009. 

Docket Numbers: ER09–1356–000. 

Applicants: Grand Ridge Energy LL. 

Description: Supplement to Filing of 

Assignment, Co-Tenancy and Shared 

Facilities Agreement and Request for 

Waivers of the Grand Ridge Companies 

under ER09–1356, et al. 

Filed Date: 07/16/2009. 

Accession Number: 20090716–5099. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1450–000. 

Applicants: Energy Productivity 

Services Inc. 

Description: Energy Productivity 

Services, Inc submits FERC Electric 

Tariff, Original Volume 1. 

Filed Date: 07/16/2009. 

Accession Number: 20090717–0022. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1453–000. 

Applicants: Gateway Energy Services 

Corporation. 

Description: Getaway Energy Services 

Corporation submits the Petition for 

Acceptance of Initial Tariff, Waivers and 

Blanket Authorization submitted by 

Gateway. 

Filed Date: 07/16/2009. 

Accession Number: 20090716–0085. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1456–000. 

Applicants: Southern California 

Edison Company. 

Description: Southern California 

Edison Company submits a Small 

Generator Interconnection Agreement 

and a Service Agreement for Wholesale 

Distribution Service etc. 

Filed Date: 07/16/2009. 

Accession Number: 20090716–0084. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1457–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Southwest Power Pool, 

Inc submits notices of cancellation for 

six Network Integration Transmission 

Service Agreements and the 

corresponding Network Operating 

Agreements. 

Filed Date: 07/16/2009. 

Accession Number: 20090717–0034. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, August 6, 2009. 

Docket Numbers: ER09–1458–000; 

ER09–1459–000; ER09–1460–000; 

ER09–1461–000. 

Applicants: WPS Canada Generation, 

Inc.; Integrys Energy Services, Inc.; WPS 


jlentini on DSKJ8SOYB1PROD with NOTICES