[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Notices]
[Pages 64853-64855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30882]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Electric Utility Power Rate and Service Fee Adjustment, Mission 
Valley Power

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rate adjustment.

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SUMMARY: The Bureau of Indian Affairs (BIA) proposes to adjust the 
electric power rates for operation and maintenance assessed to 
customers of the Mission Valley Power Utility. We request your comments 
on the proposed rate adjustment.

DATES: Interested parties may submit comments on the proposed rate 
adjustment. Comments must be submitted on or before February 12, 2002.

ADDRESSES: All comments on the proposed rate adjustment must be in 
writing and addressed to: Terrance Virden, Director, Office of Trust 
Responsibilities, Attn.: Irrigation and Power, MS-3061-MIB, Code 210, 
1849 C Street, NW, Washington, DC 20240, Telephone (202) 208-5480.

FOR FURTHER INFORMATION CONTACT: Stanley Speaks, Regional Director, 
Bureau of Indian Affairs, Northwest Region Office, 911 NE 11th Avenue, 
Portland, Oregon 97232-4169, Telephone (503) 231-6702.

SUPPLEMENTARY INFORMATION:

What Is Mission Valley Power (MVP)?

    MVP is a tribal enterprise of the Confederated Salish and Kootenai 
Tribes (CSKT) operating and maintaining the federally-owned power 
utility on the Flathead Indian Reservation under the authority of a 
Public Law 93-638 contract (25 U.S.C. 450f).

Where Can Information on the Regulatory and Legal Citations in This 
Notice Be Obtained?

    You can contact the Northwest Regional Director's office at the 
location stated above or you can use the Internet site for the 
Government Printing Office at http://www.gpo.gov.

What Is the Purpose of This Notice?

    This notice is to notify you that we propose to adjust the power 
rates and service fees for one of our power utilities. We are 
publishing this notice in accordance with the BIA's regulations 
governing its power rates and service fees of power utilities, 
specifically, 25 CFR 175.10-175.12. These sections provide for the 
fixing and announcing of power rates and related information for BIA 
Indian Electric Power Utilities.

What Authorizes Us To Issue This Notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by 5 U.S.C. 301, and the Act of August 7, 1946 (60 Stat. 
895; 25 U.S.C. 385). The Secretary has delegated this authority to the 
Assistant Secretary--Indian Affairs under Part 209, Chapter 8.1A, of 
the Department of the Interior's Departmental Manual, and by memorandum 
dated January 25, 1994, from the Chief of Staff, Department of the 
Interior, to Assistant Secretaries, and Heads of Bureaus and Offices.

When Will the Rate Adjustment Be Effective?

    The rate adjustment will be in effect starting on, and retroactive 
to, November 1, 2001.

How Do We Calculate Our Rates?

    We calculate rates in accordance with 25 CFR 175.10 by estimating 
the cost of normal operation and maintenance at our power utility for 
which you receive

[[Page 64854]]

service. Normal operation and maintenance mean the expenses we incur to 
provide direct support or benefit for the power utility's activities 
for administration, operation, maintenance, and rehabilitation. These 
costs are then applied as stated in the rate table in this notice.

What Kinds of Expenses Are Included in Determining Our Estimated 
Cost of Normal Operation and Maintenance?

    We include the following expenses as prescribed in 25 CFR 175.10:
    (a) Personnel salary and benefits for the utility engineer/manager 
and utility employees under their management control;
    (b) Materials and supplies;
    (c) Major and minor vehicle and equipment repairs;
    (d) Equipment, including transportation, fuel, oil, grease, lease 
and replacement;
    (e) Capitalization expenses;
    (f) Acquisition expenses;
    (g) Maintenance of a reserve fund available for contingencies or 
emergency expenses for, and insuring, reliable operation of the power 
system; and
    (h) Other expenses we determine necessary to properly perform the 
activities and functions characteristic of a power utility.

When Should You Pay Your Power Bill?

    We will mail you a bill for your power service and energy 
consumption. You should pay your bill no later than the due date stated 
on the bill. The due date is normally based on locally established 
payment requirements at each of our projects.

What Information Must We Collect for Billing Purposes and Why Are 
We Collecting It?

    We must collect certain information from you to ensure we can 
properly process, bill for, and collect monies owed to the United 
States. We are required to collect the taxpayer identification number 
or social security number under the authority of, and as prescribed, in 
the Debt Collection Improvement Act of 1996. At a minimum, this 
information is:
    (a) Full legal name of person or entity responsible for paying the 
bill;
    (b) Adequate and correct address for mailing or hand delivering our 
bill; and
    (c) The taxpayer identification number or social security number of 
the person or entity responsible for paying the bill.

What Can Happen If You Do Not Provide the Information We Require 
for Billing Purposes?

    We can refuse to provide you service as prescribed in 25 CFR 
175.21, 175.22.

What Can Happen if You Don't Pay Your Bill by the Due Date and 
Could This Affect Your Power Service?

    If you do not pay your bill by the due date, you will receive a 
past due notice no less than 30 days after the due date. We have the 
right to refuse power service to your facility where the bill is past 
due for that facility. We can continue to refuse power service to that 
facility until you pay the past due bill or make payment arrangements 
that we agree to. When you receive your bill, it will have additional 
information concerning your rights. Our authority to demand payment of 
your past due bill is 31 CFR 901.2, ``Demand for payment.''

Are There any Additional Charges if you Are Late Paying Your Bill?

    Yes. We will use the value of funds to the United States as 
established by the Secretary of the Treasury to calculate the interest 
you will be assessed. You will not be assessed this charge until your 
bill becomes past due which occurs on the 31st day after the due date 
indicated on your bill. However, interest will accrue from the due date 
on your bill and you will be charged an administrative fee of $12.50 
for each time we try to collect your past due bill. Should your bill 
become over 90 days past due, you will be assessed a penalty charge of 
6 percent per annum and it will accrue from the date your bill 
initially became past due. Our authority to assess interest, penalties, 
and administration fees on past due bills is prescribed in 31 CFR 
901.9, ``Interest, penalties, and administration costs''.

What Else Can Happen to Your Past Due Bill?

    If you do not pay your bill or make payment arrangements that we 
agree to, we are required to send your past due bill to the United 
States Treasury (Treasury) for further action. We must forward your 
bill to Treasury no later than 180 days after the original due date of 
your power bill. Our authority to send your bill to Treasury is 
prescribed in 31 CFR 901.1, ``Aggressive agency collection activity''.

What Power Rates and Service Fees Are Proposed for Adjustment by 
This Notice?

    The following table shows the proposed rate adjustment. Not all 
rates were adjusted. The rates that are proposed for adjustment are 
noted.

------------------------------------------------------------------------
 Rate class  (<bullet> denotes proposed rate     Present      Proposed
             or fee adjustment)                   rate          rate
------------------------------------------------------------------------
Residential:
    Basic charge per month..................      $5.00         $5.00
    Energy charge per kilowatt-hour.........       0.04739       0.04739
    <bullet> Minimum monthly charge (May 1-       10.00      \(1)\
     October 31)............................
    <bullet> Minimum monthly charge               20.00      \(1)\
     (November 1-April 30)..................
    <bullet> Minimum Monthly Charge (year      \(1)\            10.00
     round).................................
Small commercial without demand:
    Basic charge per month..................      $5.00         $5.00
    <bullet> Energy Rate per kilowatt-hour..       0.05495       0.05495
Small commercial service with demand charge,
 rename to
General Service with demand charge:
    Single phase service basic charge per         20.00         20.00
     month..................................
    Three phase service basic charges per         40.00         40.00
     month..................................
    <bullet> Demand charge per kilowatt of         4.50          4.10
     billing demand.........................
    <bullet> Energy charge per kilowatt-hour       0.04064       0.03735
Large commercial service:
    Basic charge per month..................     125.00        125.00
    Demand charge per kilowatt of billing          5.00          5.00
     demand.................................
    Energy charge per kilowatt-hour.........       0.03115       0.03115
Irrigation pump service:
    Seasonal charge (whichever is greater):

[[Page 64855]]

 
        Minimum charge, or..................     132.00        132.00
        Charge per horsepower...............       6.00          6.00
    Monthly charge per rated horsepower of        11.05         11.05
     pump...................................
    Energy charge per kilowatt-hour.........       0.03586       0.03586
Area lighting rate class, monthly charge:
    Install on existing pole or structure:         6.87          7.20
    <bullet> 7,000 lumen, mercury vapor unit       9.82         10.30
     (existing only)........................
    <bullet> 20,000 lumen, mercury vapor           6.36          6.70
     unit (existing only)...................
    <bullet> 9,000 lumen, high-pressure            8.60          9.00
     sodium unit............................
    <bullet> 22,000 lumen, high-pressure
     sodium unit............................
     Install with new pole:                        8.62          9.05
    <bullet> 7,000 lumen, mercury vapor unit      11.28         11.85
     (existing only)........................
    <bullet> 20,000 lumen, mercury vapor           8.12          8.50
     unit (existing only)...................
    <bullet> 9,000 lumen, high-pressure           10.32         10.85
     sodium unit............................
    <bullet> 22,000 lumen, high-pressure
     sodium unit............................
Street lighting service:
    Metered Service (not including street
     light fixtures):
        Basic monthly charge................       5.00          5.00
        Energy charge.......................       0.05495       0.05495
    Unmetered Service:
    This rate class is available only to       (\2\)         (\2\)
     municipalities or communities for ten
     or more lighting units in a group. The
     charges for this service are subject to
     a negotiated contract with MVP.........
    Unmetered service charge per month:
    <bullet> Charges for an unmetered          (\2\)            15.00
     service under the present rate
     structure are determined on an
     individual basis. The rate proposed for
     this service is a flat monthly charge
     (unmetered street light service is not
     part of this rate class)...............
------------------------------------------------------------------------
\1\ Not used.
\2\ Negotiated.

Consultation and Coordination With Tribal Governments (Executive 
Order 13175)

    The CSKT operates the utility under a Public Law 93-638 contract. 
As part of the contractual relationship, there are continuing 
consultations between the CSKT and the BIA. These consultations meet 
the spirit and intent of the Executive Order.

Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use (Executive Order 13211)

    This is a notice for a proposed rate adjustment at a BIA owned 
electric power utility. These rate adjustments will have no adverse 
effects on energy supply, distribution, or use (including a shortfall 
in supply, price increases, and increased use of foreign supplies) 
should the proposed rate adjustment be implemented.

Regulatory Planning and Review (Executive Order 12866)

    This rate adjustment is not a significant regulatory action and 
does not need to be reviewed by the Office of Management and Budget 
under Executive Order 12866.

Regulatory Flexibility Act

    This rate adjustment is not a rule for the purposes of the 
Regulatory Flexibility Act because it is ``a rule of particular 
applicability relating to rates''. 5 U.S.C. 601(2)(1996).

Unfunded Mandates Act of 1995

    This rate adjustment imposes no unfunded mandates on any 
governmental or private entity and is in compliance with the provisions 
of the Unfunded Mandates Act of 1995.

Takings (Executive Order 12630)

    The Department has determined that this rate adjustment does not 
have significant ``takings'' implications. The rate adjustment does not 
deprive the public, state, or local governments of rights or property.

Federalism (Executive Order 13132)

    The Department has determined that this rate adjustment does not 
have significant Federalism effects because it pertains solely to 
Federal-tribal relations and will not interfere with the roles, rights, 
and responsibilities of states.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act of 1995

    This rate adjustment does not affect the collections of information 
which have been approved by the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), under the Paperwork 
Reduction Act of 1995. The OMB control number is 1076-0141 and expires 
November 30, 2002.

National Environmental Policy Act

    The Department has determined that this rate adjustment does not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) 
et. seq. (1996).

    Dated: December 3, 2001.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 01-30882 Filed 12-13-01; 8:45 am]
BILLING CODE 4310-02-P