[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Pages 8511-8513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3533]



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Hearing and Opportunity for Public Comment; Regarding Proposed 
Comparable Transmission Terms and Conditions

AGENCY: Bonneville Power Administration (BPA), DOE.

ACTION: Notice of Hearing and Opportunity to Comment.

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SUMMARY: BPA File No. TC-95. BPA requests that all comments and 
documents intended to become part of the Official Record in this 
process contain the file number designation TC-95. BPA will be 
proposing terms and conditions applicable to three transmission 
services over the network transmission system of the Federal Columbia 
River Transmission System (FCRTS) which BPA considers to be comparable 
to the uses BPA itself makes of such system for its own power 
transactions. The Federal Power Act, as amended by the Energy Policy 
Act of 1992, provides that BPA may institute a regional hearing process 
on proposed transmission terms and conditions of general applicability. 
By this notice, BPA is announcing such a proceeding and the dates on 
which the proposed transmission terms and conditions will be available.

DATES: Persons wishing to comment on the proposed transmission terms 
and conditions but not wishing to become ``parties'' to the proceeding 
must submit written comments on the proposals by May 15, 1995. Persons 
wishing to become formal ``parties'' to the proceeding must notify BPA 
in writing of their intention to do so in accordance with requirements 
stated in this Notice. Intervention petitions must be received by 9 
a.m. February 13, 1995.
    A prehearing conference will be held before the Hearing Officer at 
9:00 a.m. on February 13, 1995, in the BPA Rates Hearing Room located 
at 2032 Lloyd Center, Portland, Oregon. Registration for the prehearing 
conference will begin at 8:30 a.m. The prehearing conference for BPA's 
1995 power and transmission rate case will occur at the same time and 
place as the prehearing conference for this proceeding. BPA's present 
intent is for the Hearing Officer for this transmission terms and 
conditions proceeding to be other than the Hearing Officer presiding 
over BPA's 1995 power and transmission rate proceeding. However, it 
also is BPA's intent to merge as much as possible the schedules and 
records for these two proceedings in order to address common 
transmission issues efficiently. At the prehearing conference, BPA may 
move to consolidate common transmission issues.
    The Hearing Officer will act on all intervention petitions and 
oppositions to intervention petitions, rule on any motions, establish 
additions or changes to the Procedures, establish a service list, 
establish a procedural schedule in conjunction with the rates hearing 
officer, and consolidate parties with similar interests for purposes of 
filing jointly-sponsored testimony and briefs and for expediting any 
necessary cross-examination. A notice of the dates and times of any 
hearings will be mailed to all parties of record. Objections to orders 
made by the Hearing Officer at the prehearing conference must be made 
in person or through a representative at the prehearing conference.
    The following schedule information is provided for informational 
purposes. A final schedule will be established by the Hearing Officer 
at the prehearing conference.

February 9, 1995 (on or about)
    Proposed Transmission Terms and Conditions mailed to customers and 
1993 rate case parties and available from BPA's Public Information 
Center, 1st Floor, 905 N.E. 11th Ave., Portland, Oregon.
February 13, 1995 (on or about)
    Proposed Transmission Terms and Conditions published in Federal 
Register.
February 13, 1995
    Prehearing conference to set schedule and act on petitions to 
intervene.
April 5, 1995 (on or about)
Supplemental testimony filed.
October 29, 1995
    Administrator's Final Decision

    BPA also will be conducting public field hearings on it proposed 
power and transmission rates. Comments on the proposed transmission 
terms and conditions also will be accepted at these hearings. The dates 
and locations of the field hearings will be announced later through 
mailings and public advertising.

ADDRESSES: Written comments by ``participants'' should be submitted by 
May 15, 1995, to: Manager, Corporate [[Page 8512]] Communications-CK, 
Bonnesville Power Administration, 905 N.E. 11th Ave, P.O. Box 12999, 
Portland, Oregon 97212
    Petitions to intervene should be filed by 9 a.m. February 13, 1995. 
Persons intervening in the power and transmission rate case who also 
desire to intervene in this proceeding may file a single petition to 
intervene which specifically identifies both proceedings. Petitions to 
intervene should be addressed as follows: Hearing Officer,
c/o Francis (Jamie) Troy, Hearing Clerk--LQ, Bonneville Power 
Administration, 905 N.E. 11th Ave., P.O. Box 12999, Portland, Oregon 
97212.
    In addition, persons intervening in the rate case must serve a copy 
of the petition on: Janet L. Prewitt, Office of Legal Services--LQ, 
Bonneville Power Administration, 905 N.E. 11th Ave., P.O. Box 3621, 
Portland, OR 97208.
    Interventions in this proceeding must be served concurrently on: 
Stephen Larson, Office of Legal Services--LP, 905 N.E. 11th Ave., P.O. 
Box 3621, Portland, Oregon 97208.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Hansen, Public Involvement 
and Information Specialist, at the address listed above, (503) 230-4328 
or call toll-free 1-800-622-4519. Information also may be obtained 
from:

Mr. Steve Hickok, Group Vice President, Sales and Customer Service, 
P.O. Box 3621, Portland, OR, 97232 (503) 230-5356.
Mr. George Eskridge, Manager, SE Sales and Customer Service District, 
1101 W. River, Suite 250, Boise, ID 83702, (208) 334-9137.
Mr. Ken Hustad, Manager, NE Sales and Customer Service District, 
Crescent Court, Suite 500, 707 Main, Spokane, WA 99201, (509) 353-2518.
Ms. Ruth Bennett, Manager, SW Sales and Customer Service District, 703 
Broadway, Vancouver, WA 98660, (360) 418-8600.
Ms. Marg Nelson, Manager, NW Sales and Customer Service District, Suite 
400, 201 Queen Anne Ave. N., Seattle, WA 98109-1030, (206) 216-4272.

    Responsible Official: Mr. Dennis Metcalf, BPA Transmission Team 
Lead, is the responsible official for the development of BPA's 
transmission terms and conditions.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to this notice, BPA is initiating a regional hearing 
process on proposed transmission services terms and conditions. BPA is 
proposing to establish terms and conditions of general applicability 
for certain transmission services comparable to the uses Bonneville 
provides itself over the integrated network transmission system of the 
FCRTS. These proposed terms and conditions for comparable services are 
intended to: (1) respond to customer requests in the context of the 
renegotiation of BPA's power sales contracts that Bonneville eliminate 
its transmission-based market power, (2) with respect to network 
transmission services, comply with the Commission's requirement that 
members of regional transmission associations develop and publish 
tariffs meeting the Commission's comparability standards; and (3) 
facilitate an opportunity for FERC to review the rates for these 
services, which BPA will file as meeting the just, reasonable, and not 
unduly discriminatory or preferential standard in t'he context of the 
associated contractual terms and conditions. Though BPA and its 
customers have not yet concluded their discussions regarding what 
constitutes comparable access to the Federal transmission system, 
nevertheless BPA is now initiating this proceeding in order to place it 
on the same initial schedule as the related transmission rate case, 
also being noticed today. It is likely that discussions will continue 
before and during this proceeding, consistent with ex parte rules, in 
an attempt to settle outstanding issues.
    The Federal Power Act amendments passed by Congress in the Energy 
Policy Act of 1992, Pub. L. No. 102-486, 106 Stat. 2776 (1992), provide 
that BPA may institute a formal regional hearing on transmission terms 
and conditions which it proposes to establish for general 
applicability. 16 U.S.C. Sec. 824k(i)(2). This hearing is in some 
important respects different in function from BPA's rate case 
proceedings under section 7(i) of the Northwest Power Act, 16 U.S.C. 
Sec. 839e(i). If BPA elects to institute a transmission terms and 
conditions hearing, the agency must (1) give notice in the Federal 
Register and state in such notice the reasons why the terms and 
conditions are being offered, and (2) adhere to the procedural 
requirements of paragraphs (1) through (3) of section 7(i) of the 
Northwest Power Act, 16 U.S.C. Sec. 839e(i)(1)-(3), except that the 
Hearing Officer shall make findings and conclusions on material issues 
of fact, law or discretion presented on the record and make a 
recommended decision to the BPA Administrator. The Administrator then 
must make a separate determination, based on the hearing record, the 
Hearing Officer's recommendation, and applicable law, setting forth the 
reasons for reaching any findings and conclusions different from those 
of the hearing officer. Pursuant to BPA's statutory requirements, the 
rates associated with these terms and conditions will be the subject of 
a formal hearing, also noticed today, established by BPA under section 
7(i) of the Northwest Power Act. The extent to which the schedules for 
these two related hearings will be merged will be determined at the 
prehearing conference on February 13, 1995.
    BPA will be proposing comparable network transmission tariffs based 
on similar tariff documents recently developed by the litigation staff 
of the Federal Energy Regulatory Commission (hereafter ``Commission''). 
Proposed commitments and requirements will be described for: (1) 
integrated network service pursuant to which an entity may use the 
integrated network transmission system of the FCRTS flexibly to meet 
its network loads on a basis equal to BPA's native load obligations; 
(2) a flexible, multiple point-to-point firm transmission service over 
the integrated network transmission system of the FCRTS and available 
to serve network loads as well as off-system sales; and (3) nonfirm 
point-to-point transmission service over the integrated network 
transmission system of the FCRTS. The proposed tariffs will be 
published in a separate Federal Register Notice on or about February 
13, 1995. The tariffs also will be mailed to BPA's customers, 1993 rate 
case parties and other interested persons, and will be available from 
BPA's Public Information Center on or about February 9, 1995.
    Because of the complexity of the issues in this proceeding and the 
related rate case, in part occasioned by continuing contract 
negotiations between BPA and its customers together with BPA's 
reinvention and its Competitiveness Project, BPA anticipates that it 
will need to meet with customers and other interested third parties on 
a very frequent, and possibly extended, basis. To comport with the 
procedural rule prohibiting ex parte communications, BPA will provide 
necessary notice of meetings involving issues related to transmission 
terms and conditions of general applicability for participation by all 
parties to the proceeding. Parties should be aware, however, that such 
meetings may be held on very short notice. In the interim prior to the 
prehearing conference, persons who would like notice of such meetings 
should provide their name, address, phone and fax numbers to: Ms. Janet 
L. Prewitt, Office of General Counsel--LQ, Bonneville Power 
[[Page 8513]] Administration, P.O. Box 3621, Portland, OR 97208, Tel: 
(503) 230-4201, Fax: (503) 230-7405.

II. Governing Procedures

    BPA is adopting the ``Procedures Governing Bonneville Power 
Administration Rate Hearings,'' 51 FR 7611 (March 5, 1986) (hereafter 
``Procedures'') to govern this proceeding, except that the Hearing 
Officer will make a recommended decision to the Administrator as 
described in section 212(i)(2)(A)(II) of the Federal Power Act, 16 
U.S.C. Sec. 824k(i)(2)(A)(II), and the Administrator will either accept 
or reject the recommendation. BPA and parties to the proceeding may 
move to adopt special rules of practice at the February 13 prehearing 
conference to better address the requirements of this proceeding.
    The Procedures distinguish between ``participants'' and ``parties'' 
to the hearing. Apart from the formal hearing process, BPA will receive 
comments, views, opinions and information from ``participants,'' who 
are defined in the Procedures as any person who may express views but 
who does not petition successfully to intervene as a party. 
Participants' written comments will be made part of the official record 
of the case and considered by the Hearing Officer and the 
Administrator. The participant category gives the public the 
opportunity to participate and have its views considered without 
assuming the obligations incumbent upon ``parties.'' Participants are 
not entitled to participate in the prehearing conference, cross-examine 
parties' witnesses, seek discovery, serve or be served with documents, 
and are not subject to the same procedural requirements as parties. 
Written comments by participants on BPA's proposed transmission terms 
and conditions will be accepted May 15, 1995, and should be submitted 
to BPA's Manager of Corporate Communications at the address listed 
above in the Summary Section of this notice.
    The second category of interest is that of a ``party'' as defined 
in Secs. 1010.2 and 1010.4 of the Procedures. Parties may participate 
in any aspect of the hearing process. Persons wishing to timely become 
a party to BPA's terms and conditions proceeding must notify the 
Hearing Officer and BPA in writing of their request by 9:00 am, 
February 13, 1995. Petitions to intervene shall state the name and 
address of the person and the person's interests in the outcome of the 
proceeding in sufficient detail to permit the Hearing Officer to 
determine whether the person has a relevant interest in the proceeding. 
Petitioners may designate no more than two representatives upon whom 
service of documents will be made. Intervention petitions will be 
available for inspection in BPA's Public Information Center, 1st Floor, 
905 N.E. 11th Ave., Portland, Oregon. Any opposition to a petition to 
intervene must be raised at the February 13, 1995, prehearing 
conference. All timely applications will be ruled on by the Hearing 
Officer. Opposition to an untimely petition to intervene shall be filed 
and served within 2 days after service of petition. Interventions are 
subject to Sec. 1010.4 of the Procedures.

    Issued in Portland, Oregon, on February 7, 1995.
J.H. Curtis,
Acting Administrator.
[FR Doc. 95-3533 Filed 2-13-95; 8:45 am]
BILLING CODE 6450-01-P-M