[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Pages 28574-28575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14055]



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DEPARTMENT OF ENERGY
Western Area Power Administration


General Eligibility Criteria for the Proposed Allocation 
Procedures and Call for Applications, Post-2000 Resource Pool--Pick-
Sloan Missouri Basin Program, Eastern Division

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of clarification, response to comments and Call for 
additional applications.

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SUMMARY: The purpose of this notice is to respond to comments regarding 
Section III, General Allocation Criteria, Paragraph E and to clarify 
the Post 2000 Resource Pool Allocation Procedures in order to more 
fully fulfill the intent of the Energy Planning and Management Program 
(Program). All of the comments received concerning the use of Mid- 
Continent Area Power Pool (MAPP) data trends to adjust applicant load 
data in applying Post 1985 Marketing Criteria suggested that the 
Western Area Power Administration (Western) not do so. Therefore, 
Western is proposing to not use MAPP data trends to adjust the 1994-
1995 load data in determining allocations for utility and nonutility 
applicants. These clarifications are intended to ensure all entities 
are provided an opportunity to apply for an allocation of the resource 
pool created by the Program. Any new applications, consisting of a 
letter of interest and Applicant Profile Data (APD), will be considered 
in accordance with the January 29, 1996, Federal Register Notice (61 FR 
2817), as amended herein.

DATES: All written comments must be sent to the Upper Great Plains 
Acting Regional Manager so that they are received 30 days from date of 
publication. A letter of interest and APD must be sent by certified or 
return receipt requested U.S. mail to the Upper Great Plains Acting 
Regional Manager so that it is received 30 days from date of 
publication

SUPPLEMENTARY INFORMATION: Western, a Federal power marketing agency of 
the Department of Energy, published on January 29, 1996, in the Federal 
Register (61 FR 2817), a notice of

[[Page 28575]]

proposed procedures to implement subpart C-Power Marketing Initiative 
of the Energy Planning and Management Program Final Rule, 10 CFR part 
905 (60 FR 54151). The Program, which was developed in part to 
implement section 114 of the Energy Policy Act of 1992, became 
effective on November 20, 1995.
    Subpart C of the Program provides for the establishment of project-
specific resource pools and the allocation of power from these pools to 
new preference customers. These proposed procedures, in conjunction 
with the Pick-Sloan Missouri Basin Program Eastern Division (PSMBP--ED) 
Program Final Post-1985 Marketing Plan (Post-1985 Marketing Plan) (45 
FR 71860) will establish the framework for allocating power from the 
resource pool to be established for the PSMBP--ED. The comment period 
on the proposed procedures and call for applications was extended to 
April 8, 1996, by a notice published in the Federal Register on March 
8, 1996 (61 FR 9449).
    Before developing final allocation procedures, Western has 
determined that it is appropriate to address certain comments and 
clarify features in the initial Federal Register notice. Western has 
determined that these proposed clarifications are in the best interest 
of the public and that they will not have the effect of excluding 
current applicants. Based on these clarifications, Western is providing 
another opportunity for comment and call for applications to entities 
which did not apply based upon the earlier notice. Those entities that 
have previously commented or applied for firm power need not resubmit 
or reapply.

I. Responses and Clarification of Terms

    As a result of comments received during the comment period and need 
for clarification of terms, the proposed Post 2000 Resource Pool 
Allocation Procedures and Call for Applications, Post-2000 Resource 
Pool--PSMBP--ED in Federal Register 61 FR 2817 has been amended as 
follows:
    1. Section II, General Eligibility Criteria, Paragraph A should 
read ``All qualified applicants must be preference entities in 
accordance with section 9(c) of the Reclamation Project Act of 1939, 43 
U.S.C. 485h(c), as amended and supplemented.''
    2. Section II, General Eligibility Criteria, Paragraph B should 
read ``All qualified applicants must be located within the currently 
established PSMBP--ED marketing area.''
    3. Section II, General Eligibility Criteria, Paragraph C should 
read ``All qualified applicants must not be currently receiving 
benefits, directly or indirectly, from a current PSMBP--ED firm power 
allocation. Qualified Native American applicants are not subject to 
this requirement.''
    4. Section II, General Eligibility Criteria, Paragraph D should 
read ``Qualified utility and nonutility applicants must be able to use 
the firm power directly or be able to sell it directly to retail 
customers.''
    5. Section II, General Eligibility Criteria, Paragraph E should 
read ``Qualified utility applicants that desire to purchase power from 
Western for resale to consumers, including municipalities, 
cooperatives, public utility districts, and public power districts, 
must have utility status by December 31, 1996. Utility status means the 
entity has responsibility to meet load growth, has a distribution 
system, and is ready, willing, and able to purchase Federal power from 
Western on a wholesale basis.''
    6. Section III, General Allocation Criteria, Paragraph E should 
read ``Allocations made to qualified utility and nonutility applicants 
will be based on the loads experienced in the 1994 summer season and 
the 1994-95 winter season. Western will apply the Post-1985 Marketing 
Plan criteria to these loads.''
    7. Section III, General Allocation Criteria, Paragraph J should 
read ``The maximum allocation for qualified utility and nonutility 
applicants shall be 5,000 kilowatts (kW).''
    8. Section V, Applications for Firm Power, Paragraph B.1.b.i. 
should read ``Utility and nonutility applicants:''
    9. Section V, Applications for Firm Power, Paragraph B.1.b.i.(1) 
should read ``If applicable, number and type of customers served; i.e., 
residential, commercial, industrial, military base, agricultural.''

ADDRESSES: All written comments and Applicant Profile Data should be 
directed to the following address: Mr. Gerald C. Wegner, Acting 
Regional Manager, Upper Great Plains Customer Service Region, Western 
Area Power Administration, Post Office Box 35800, Billings, MT 59107-
5800.

FOR FURTHER INFORMATION CONTACT: Robert J. Harris, Power Marketing 
Manager, Upper Great Plains Customer Service Region, Western Area Power 
Administration, Post Office Box 35800, Billings, MT 59107-5800, (406) 
247-7394.

    Issued at Golden, Colorado, May 22, 1996.
J. M. Shafer,
Administrator.
[FR Doc. 96-14055 Filed 6-4-96; 8:45 am]
BILLING CODE 6450-01-P