[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12625-12626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6589]


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DEPARTMENT OF ENERGY
[Docket No. FE-R-79-43B]


Electric and Gas Utilities Covered in 1997 by Titles I and III of 
the Public Utility Regulatory Policies Act of 1978 and Requirements for 
State Regulatory Authorities to Notify the Department of Energy

AGENCY: Office of Fossil Energy, Department of Energy.

ACTION: Notice.

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SUMMARY: Sections 102(c) and 301(d) of the Public Utility Regulatory 
Policies Act of 1978 (PURPA) require the Secretary of Energy to publish 
a list, before the beginning of each calendar year, identifying each 
electric utility and gas utility to which Titles I and III of PURPA 
apply during such calendar year. In addition, sections 102(c) and 
301(d) of PURPA require each State regulatory authority to notify the 
Secretary of Energy of each electric utility and gas utility on the 
list for which such State regulatory authority has ratemaking 
authority. Written comments are requested on the accuracy of the list 
of electric and gas utilities. This Notice is to announce the 
availability of the 1997 list.
    The list is available both in hard copy and electronically. The 
hard copy version of the 1997 list is being provided by mail to all 
state regulatory authorities. Other parties interested in receiving the 
hard copy list may contact the FOR FURTHER INFORMATION CONTACT 
identified below. In addition, the Office of Coal & Energy Systems 
operates an electronic bulletin board as a service to commercial and 
government users, as well as the general public. The 1997 list is also 
available by accessing the bulletin board.

DATES: Notifications by State regulatory authorities and written 
comments must be received by no later than 4:30 p.m. on April 16, 1997.

ADDRESSES: Notifications and written comments should be forwarded to: 
Department of Energy, Office of Coal & Power Im/Ex, FE-52, 1000 
Independence Avenue, SW., Room 3F-070, Docket No. FE-R-79-43B, 
Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT: Steven Mintz, Office of Coal & Power 
Im/Ex, Fossil Energy, Department of Energy, 1000 Independence Avenue, 
SW, Room 3F-070, FE-52, Washington, D.C. 20585, Telephone 202/586-9506.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 102(c) and 301(d) of PURPA, Pub. L. 95-617, 92 
Stat. 3117 et seq. (16 U.S.C. 260l et seq., hereinafter referred to as 
the Act) the Department of Energy (DOE) is required to publish a list 
of utilities to which Titles I and III of PURPA apply in 1997.
    State regulatory authorities are required by the Act to notify the 
Secretary of Energy as to their ratemaking authority over the listed 
utilities. The inclusion or exclusion of any utility on or from the 
list does not affect the legal obligations of such utility or the 
responsible authority under the Act.
    The term ``State regulatory authority'' means any State, including 
the District of Columbia and Puerto Rico, or a political subdivision 
thereof, and any agency or instrumentality, which has authority to fix, 
modify, approve, or disapprove rates with respect to the sale of 
electric energy or natural gas by any utility (other than such State 
agency). In the case of a utility for which the Tennessee Valley 
Authority (TVA) has ratemaking authority, the term ``State regulatory 
authority'' means the TVA.
    Title I of PURPA sets forth ratemaking and regulatory policy 
standards with respect to electric utilities. Section 102(C) of Title I 
requires the Secretary of Energy to publish a list, before the 
beginning of each calendar year, identifying each electric utility to 
which Title I applies during such calendar year. An electric utility is 
defined as any person, State agency, or Federal agency that sells 
electric energy. An electric utility is covered by Title I for any 
calendar year if it had total sales of electric energy, for purposes 
other than resale, in excess of 500 million kilowatt-hours during any 
calendar year beginning after December 31, 1975, and before the 
immediately preceding calendar year. An electric utility is covered in 
1997 if it exceeded the threshold in any year from 1976 through 1995.
    Title III of PURPA addresses ratemaking and other regulatory policy 
standards with respect to natural gas utilities. Section 301(d) of 
Title III requires the Secretary of Energy to publish a list, before 
the beginning of each calendar year, identifying each gas utility to 
which Title III applies during such calendar year. A gas utility is 
defined as any person, State agency, or Federal agency, engaged in the 
local distribution of natural gas and the sale of natural gas to any 
ultimate consumer of natural gas. A gas utility is covered by Title III 
if it had total sales of natural gas, for purposes other than resale, 
in excess of 10 billion cubic feet during any calendar year beginning 
after December 31, 1975, and before the immediately preceding calendar 
year. A gas utility is covered in 1997 if it exceeded the threshold in 
any year from 1976 through 1995.
    In compiling the list published today, the DOE revised the 1996 
list (60 FR 67133, December 28, 1995) upon the assumption that all 
entities included on the 1996 list are properly included on the 1997 
list unless the DOE has information to the contrary. In doing this, the 
DOE took into account information included in public documents 
regarding entities which exceeded the PURPA thresholds for the

[[Page 12626]]

first time in 1995. The DOE believes that it will become aware of any 
errors or omissions in the list published today by means of the comment 
process called for by this Notice. The DOE will, after consideration of 
any comment and other information available to the DOE, provide written 
notice of any further additions or deletions to the list.

II. Notification and Comment Procedures

    No later than 4:30 p.m. on April 16, 1997, each State regulatory 
authority must notify the DOE in writing of each utility on the list 
over which it has ratemaking authority. Two copies of such notification 
should be submitted to the address indicated in the ADDRESSES section 
of this Notice and should be identified on the outside of the envelope 
and on the document with the designation ``Docket No. FE-R-79-43B.'' 
Such notification should include:
    1. a complete list of electric utilities and gas utilities over 
which the State regulatory authority has ratemaking authority;
    2. legal citations pertaining to the ratemaking authority of the 
State regulatory authority; and
    3. for any listed utility known to be subject to other ratemaking 
authorities within the State for portions of its service area, a 
precise description of the portion to which such notification applies.
    All interested persons, including State regulatory authorities, are 
invited to comment in writing, no later than 4:30 p.m. on April 16, 
1997, on any errors or omissions with respect to the list. Two copies 
of such comments should be sent to the address indicated in the 
ADDRESSES section of this Notice and should be identified on the 
outside of the envelope and on the document with the designation 
``Docket No. FE-R-79-43B.'' Written comments should include the 
commenter's name, address, and telephone number.
    All notifications and comments received by the DOE will be made 
available, upon request, for public inspection and copying in the 
Freedom of Information Reading Room, Room 1E-190, 1000 Independence 
Avenue, SW, Washington, D.C. 20585, between the hours of 9:00 a.m. and 
4:00 p.m., Monday through Friday, except Federal holidays.

III. List of Electric Utilities and Gas Utilities

    The 1997 list consists of two parts (appendices A and B). Each 
displays a different tabulation of the utilities that meet PURPA 
coverage requirements. As stated above, the inclusion or exclusion of 
any utility on or from the lists does not affect its legal obligations 
or those of the responsible State regulatory authority under PURPA.
    Appendix A contains a list of utilities which are covered by PURPA. 
These utilities are grouped by State and by the regulatory authority 
within each State. Also included in this list are utilities which are 
covered by PURPA but which are not regulated by the State regulatory 
authority. This tabulation, including explanatory notes, is based on 
information provided to the DOE by State regulatory authorities in 
response to the December 28, 1995, Federal Register notice (60 FR 
67133) requiring each State regulatory authority to notify the DOE of 
each utility on the list over which it has ratemaking authority, public 
comments received with respect to that notice, and information 
subsequently made available to the DOE.
    The utilities classified in Appendix A as not regulated by the 
State regulatory authority in fact may be regulated by local municipal 
authorities. These municipal authorities would be State agencies as 
defined by PURPA and thus have responsibilities under PURPA identical 
to those of the State regulatory authority. Therefore, each such 
municipality is to notify the DOE of each utility on the list over 
which it has ratemaking authority.
    In Appendix B, the utilities are listed alphabetically, subdivided 
into electric utilities and gas utilities, and further subdivided by 
type of ownership: investor-owned utilities, publicly-owned utilities, 
and rural cooperatives.
    Those parties interested in accessing the list electronically 
require the following equipment: a personal computer, communications 
software such as PROCOMM, RELAY, or CROSSTALK; and, a MODUM.
    Before dialing the Fuels Programs Bulletin Board you should set 
your communications software to the following parameters: 1200 or 2400 
baud; no parity; 8 data bits; 1 stop bit; and, full duplex.
    The Bulletin Board telephone number is (202) 586-7853. Calls are 
limited to 40 minutes of on-line time per day.
    The changes to the 1996 list of electric and gas utilities are as 
follows:
    Additions:

City of Fort Pierce (FL)
City of Jacksonville Beach (FL)
Golden Valley Electric Cooperative (AK)
McPherson Board of Public Utilities (KS)
Vermont Gas Systems, Inc. (VT)

    (Public Utility Regulatory Policies Act of 1978, Pub. L. 95-617, 92 
Stat. 3117 et seq. (16 U.S.C. 2601) et seq.))

    Issued in Washington, D.C., on March 5, 1997.
Anthony J. Como,
Manager, Electric Power Regulation, Office of Coal and Power Im/Ex, 
Office of Fossil Energy.
[FR Doc. 97-6589 Filed 3-14-97; 8:45 am]
BILLING CODE 6450-01-P