[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Notices]
[Pages 11961-11964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5176]



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[[Page 11962]]

DEPARTMENT OF ENERGY

Bonneville Power Administration


Proposed Wholesale Power and Transmission Rates, Pacific 
Northwest Coordinating Agreement Rates, and Transmission Terms and 
Conditions

AGENCY: Bonneville Power Administration (BPA), DOE.

ACTION: Notice of Additional Prehearing/Settlement Conference.

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SUMMARY: BPA File No: WP-95, TR-95, TC-95. On December 28, 1994, 
Bonneville Power Administration (BPA) published a Notice of Intent to 
Revise Transmission Rates, 59 F.R. 66946 and Notice of Intent to Revise 
Wholesale Power Rates, 59 F.R. 66947. Subsequently, BPA also published 
Federal Register Notices of Proposed Wholesale Power Rate Adjustment, 
60 F.R. 8496 (February 14, 1995) , Proposed Transmission Rate 
Adjustment, 60 F.R. 8505 (February 14, 1995), and Hearing and 
Opportunity for Public Comment Regarding Proposed Comparable 
Transmission Terms and Conditions, 60 F.R. 8511 (February 14, 1995). 
The Notices included a date for a Prehearing Conference of February 13, 
1995, but were not published before the Prehearing Conference. At the 
Prehearing Conference held on February 13, 1995, the Hearing Officers 
set another Prehearing/Settlement Conference and established a schedule 
for interventions to these proceedings, which follows. At the March 15 
Prehearing/Settlement Conference, the Hearing Officers will act on 
petitions to intervene.

DATES: The Prehearing/Settlement Conference will be held before the 
Hearing Officers at 9 a.m. on March 15, 1995 in the BPA Rates Hearing 
Room, 3rd Level, 2032 Lloyd Center, Portland, Oregon. Registration for 
the Prehearing/Settlement Conference will begin at 8:30 a.m. The 
Hearing Officers will act on all intervention petitions and oppositions 
to intervention petitions, rule on any motions, establish a service 
list, establish a procedural schedule, 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 Prehearing/Settlement Conference for wholesale power and 
transmission rates will be held at the same time and place as the 
Prehearing/Settlement Conference for the Transmission Terms and 
Conditions. BPA's present intent is for the Hearing Officer for the 
Transmission Terms and Conditions Proceeding to be other than the 
Hearings 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/
Settlement conference, BPA may move to consolidate common transmission 
issues.
    Persons wishing to become a formal ``party'' to the proceedings 
must notify BPA in writing of their intention to do so in accordance 
with the requirements stated in this Notice. Petitions to intervene 
must be received by March 6, 1995. Persons intervening in the wholesale 
power and transmission rate proceeding who also desire to intervene in 
the transmission terms and conditions proceeding may file a single 
petition 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 
NE. 11th Ave., P.O. Box 12999, Portland, Oregon 97212.
    In addition, a copy of the petition must be served concurrently on 
BPA's Office of Legal Services: Janet L. Prewitt, Bonneville Power 
Administration, Office of Legal Services--LQ, 905 NE. 11th Ave., P.O. 
Box 3621, Portland, Oregon 97208.
    Interventions in the Terms and Conditions Proceeding must be served 
concurrently on: Stephen Larson, Office of Legal Services--LP, 
Bonneville Power Administration, 905 NE. 11th Ave., P.O. Box 3621, 
Portland, Oregon 97208.
    Persons who have been denied party status in any past BPA rate 
proceeding shall be denied party status unless they establish a 
significant change of circumstances.
    BPA has determined that its initial proposal should include a 
stable, 5-year rate for most, if not all, of its requirements service. 
BPA anticipates that the work necessary to assemble such a proposal 
will take until early April of 1995. Since such a rate would be 
available to purchasers for the bulk of BPA's firm sales, its impact on 
BPA's overall proposal is fundamental. At the same time, in order to 
have sufficient time to conduct a full rate proceeding for the 5-year 
proposal, BPA must extend its current rates for a three month period. 
This extension will require a separate proceeding.
    The following schedule information is provided for informational 
purposes. The schedule included here is BPA's proposed schedule. The 
parties have indicated a desire to attempt to settle some issues, which 
may cause this proposed schedule to change. A final schedule will be 
established by the Hearing Officer at the Prehearing Conference.

       Schedule for New Rates and Terms and Conditions Proceeding       
                                                                        
                                                                        
March 6, 1995....................  Deadline to Petition to Intervene.   
March 9, 1995....................  Deadline to file Oppositions to      
                                    Petitions to Intervene.             
March 15, 1995...................  Prehearing/Settlement Conference to  
                                    set schedule and act on Petitions to
                                    Intervene; 9:00 a.m.; BPA Rates     
                                    Hearing Room; 3rd Level; 2032 Lloyd 
                                    Center; Portland, Oregon.           
April 12, 1995...................  Prehearing Conference/BPA Initial    
                                    Proposal available.                 
May 30, 1995.....................  Parties file Direct Cases.           
July 10, 1995....................  Litigants file Rebuttal Testimony.   
July 24-August 11, 1995..........  Cross Examination.                   
August 28, 1995..................  Initial Briefs filed.                
September 7-8, 1995..............  Oral Argument.                       
September 29, 1995...............  BPA Draft Rates Record of Decision;  
                                    Hearing Officer Terms and Conditions
                                    Recommended Decision.               
October 10, 1995.................  Briefs on Exceptions.                
October 30, 1995.................  BPA Final Record of Decision.        


           Schedule for Extension of Current Rates Proceeding           
                                                                        
                                                                        
March 6, 1995....................  Deadline to Petition to Intervene.   
March 9, 1995....................  Deadline to file Oppositions to      
                                    Petitions to Intervene.             
March 15, 1995...................  Prehearing/Settlement Conference to  
                                    set schedule and act on Petitions to
                                    Intervene; 9:00 a.m.; BPA Rates     
                                    Hearing Room; 3rd Level; 2032 Lloyd 
                                    Center; Portland, Oregon.           
April 12, 1995...................  Prehearing Conference/ BPA Initial   
                                    Proposal available.                 
May 15, 1995.....................  Parties file Direct Case.            
June 8, 1995.....................  Litigants file Rebuttal testimony.   
June 23, 1995....................  Cross Examination.                   
July 7, 1995.....................  Initial Briefs Filed.                
July 31, 1995....................  BPA Final Record of Decision.        

    [[Page 11963]] The schedule for extension of current rates assumes 
that the Administrator will waive any procedural rules relating to 
filing a Draft Record of Decision.
    BPA also will be conducting public field hearings. A field hearing 
schedule will be announced at the Prehearing Conference. A notice of 
the dates, times, and locations of the field hearings will be made 
later through a Federal Register Notice, mailings, and public 
advertising.

ADDRESSES: Written comments by participants must be received by June 
16, 1995, to be considered in the Draft Record of Decision (ROD). 
Written comments should be submitted to the Manager, Corporate 
Communications--CK; Bonneville Power Administration; P.O. Box 12999; 
Portland, Oregon 97212.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Hansen, Public Involvement 
and Information Specialist, at the address listed immediately 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; 201 
Queen Anne Ave. N., Suite 400; Seattle, WA 98109-1030 (206-216-4272).

    Responsible Official: Mr. Geoff Moorman, Manager for Pricing, 
Marginal Cost and Ratemaking, is the official responsible for the 
development of BPA's rates. Mr. Dennis Metcalf, BPA Transmission Team 
Lead, is the official responsible for the development of BPA's 
transmission terms and conditions.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background.
II. Procedures Governing Rate Adjustments and Public Participation.

I. Background

    On February 13, 1995, BPA held a Prehearing Conference in its 1995 
Wholesale Power Rates, Transmission Rates and Transmission Terms and 
Conditions Proceedings, presided over by Hearing Officers Keith Callow 
and Helen Edwards. At the time the Prehearing Conference was held, the 
Federal Register Notice announcing the Prehearing Conference had not 
yet been published in the Federal Register. Thus, some potential 
parties had not had adequate notice and opportunity to intervene, nor 
had parties had opportunity to file oppositions to interventions.
    In addition, the noticed Prehearing Conference was intended for the 
Hearing Officers to set the schedule for the proceedings. At the 
Prehearing Conference, BPA tendered its proposed schedule, which is 
reprinted in this Federal Register Notice. The parties, however, 
believed that the schedule was inadequate. As a compromise, it was 
suggested that additional meetings, including an additional on-the-
record Prehearing/Settlement Conference be scheduled to address both 
scheduling and intervention issues. The Hearing Officers endorsed this 
compromise, and the schedule for interventions and the March 15, 1995, 
Prehearing/Settlement Conference noted above is the result.
    Prior to the February 13, 1995, Prehearing Conference, BPA prepared 
a Draft Service List for adoption by the Hearing Officers, based on 
interventions received by February 13. The Hearing Officers 
conditionally allowed interventions received by February 13, subject to 
objections by parties filed by March 9, 1995, as noted in the schedule 
above. Additional persons wishing to intervene may do so by filing a 
petition by March 6, 1995, with service to all parties on the Draft 
Service List, which may be obtained by contacting: Francis (Jamie) 
Troy, Hearing Clerk--LQ, Bonneville Power Administration, 905 NE. 11th 
Ave., P.O. Box 12999, Portland, Oregon 97212, (503) 230-4201.
    In addition, the Hearing Officers adopted two procedural orders 
which also may be obtained from Mr. Troy, the first adopting Special 
Rules of Practice for the Proceedings and the second addressing Rules 
for Document Numbering.
    To aid BPA in providing the notice required under the ex parte 
rules, the Hearing Officers have ruled that each party must provide BPA 
with either an internal E-mail address or a Fax number for service of 
notices. Additional parties planning to intervene should also provide 
either an internet E-mail address or Fax number for service of 
documents.

II. Procedures Governing Rate Adjustments and Public Participation

    Section 7(i) of the Northwest Power Act, 16 U.S.C. 839e(i), 
requires that BPA's rates be established according to certain 
procedures. These procedures include, among other things, issuance of a 
Federal Register Notice announcing the proposed rates; one or more 
hearings; the opportunity to submit written views, supporting 
information, questions, and arguments; and a decision by the 
Administrator based on the record. This proceeding will be governed by 
BPA's rules for general rate proceedings, Sec. 1010.9 of BPA's 
Procedures, due to the importance and complexity of the issues 
involved. These Procedures implement the statutory section 7(i) 
requirements. Section 1010.7 of the Procedures prohibits ex parte 
communications.
    BPA's Procedures distinguish between ``participants in'' and 
``parties to'' the hearings. 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 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, or serve or be served with documents, and 
are not subject to the same procedural requirements as parties.
    Written comments by participants will be included in the record if 
they are received by June 16, 1995. This date is anticipated to follow 
the submission of BPA's and all other parties' direct cases. Written 
views, supporting information, questions, and arguments should be 
submitted to BPA's Manager of Corporate Communications, at the address 
listed in the Summary section of this Notice, above. In addition, BPA 
will hold several field hearings in the Pacific Northwest Region. 
Participants may appear at the field hearings and present oral 
testimony. The transcripts of these hearings will be a part of the 
record upon which the Administrator makes the rate decision.
    The second category of interest is that of a ``party'' as defined 
in Sec. 1010.2 and 1010.4 of BPA's Procedures. Parties may 
[[Page 11964]] participate in any aspect of the hearing process.
    Persons wishing to become a formal ``party'' to BPA's rate 
proceeding must notify the Hearing Officer and BPA in writing of their 
request. Petitions to intervene shall state the name and address of the 
person and the person's interests in the outcome of the hearing. 
Petitioners may designate no more than two representatives upon whom 
service of documents will be made. BPA customers and customer groups 
whose rates are subject to revision in the hearing will be granted 
intervention based on a petition filed in conformance with this 
section. Other petitioners must explain their interests in sufficient 
detail to permit the Hearing Officer to determine whether they have a 
relevant interest in the hearing. Intervention Petitions will be 
available for inspection in BPA's Public Information Center; 1st Floor; 
905 NE. 11th; Portland, Oregon. Any opposition to a Petition to 
Intervene must be filed with the Hearing Officer and served on all 
parties by March 9, 1995. All timely applications will be ruled on by 
the Hearing Officer. Late interventions are strongly disfavored and may 
not be accepted. Opposition to an untimely Petition to Intervene shall 
be filed and served within two days after service of the petition. 
Interventions are subject to Sec. 1010.4 of BPA's Procedures.
    Because of the complexity of the issues in this rate case, in part 
occasioned by continuing contract negotiations between BPA and its 
customers, as well as BPA's ``reinvention'' and Competitiveness 
Project, BPA anticipates that it will need to meet with customers and 
other interested third parties during the rate case on a very frequent, 
and possibly extended, basis. To comport with the rate case procedural 
rule prohibiting ex parte communications, BPA will provide necessary 
notice of meetings involving rate case issues for participation by all 
rate case parties. Parties should be aware, however, that such meetings 
may be held on very short notice and they should be prepared to devote 
the necessary resources to participate fully in every aspect of the 
rate proceeding. Consequently, parties should be prepared to attend 
meetings every day during the course of the rate case.

    Issued in Portland, Oregon on February 24, 1995.
Randall W. Hardy,
Administrator and Chief Executive Officer.
[FR Doc. 95-5176 Filed 3-2-95; 8:45 am]
BILLING CODE 6450-01-P