[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Notices]
[Pages 475-476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-224]
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DEPARTMENT OF ENERGY
[Docket No. FE-R-79-43B]
Electric And Gas Utilities Covered in 1998 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, DOE.
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
(Secretary) 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 each electric utility and gas
utility on the list for which such State regulatory authority has
ratemaking authority. This Notice is to announce the availability of
the 1998 list of electric and gas utilities and to request written
comments on the accuracy of the list.
The list is available both in hard copy and electronically. The
hard copy version of the 1998 list is being provided by mail to all
state regulatory authorities. Other parties interested in receiving the
hard copy of the list may contact the FOR FURTHER INFORMATION CONTACT
identified below. In addition, the Office of Coal & Power Import and
Export operates a web site as a service to commercial and government
users, as well as the general public. The 1998 list is available by
accessing the web site at: http://www.fe.doe.gov/coal__power/elec__reg/
elec__reg.htm
DATES: Notifications by State regulatory authorities and written
comments must be received no later than 4:30 p.m. on February 16, 1998.
ADDRESSES: Notifications and written comments should be forwarded to:
U.S. Department of Energy, Office of Coal & Power Import and Export,
FE-27, 1000 Independence Avenue, SW, Room 3F-070, Docket No. FE-R-79-
43B, Washington, D.C. 20585.
FOR FURTHER INFORMATION CONTACT: Steven Mintz, (202) 586-9506.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to sections 102(c) and 301(d) of PURPA, Public Law 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 1998.
State regulatory authorities are required by the Act to notify the
Secretary 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 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 1998 if it exceeded the
threshold in any year from 1976 through 1996.
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 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 1998 if it exceeded the threshold in
any year from 1976 through 1996.
In compiling the list published today, the DOE revised the 1997
list (62 FR 12625, March 17, 1997) upon the assumption that all
entities included on the 1997 list are properly included on the 1998
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 first
time in 1996. 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 February 16, 1998, 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
[[Page 476]]
comment in writing, no later than 4:30 p.m. on February 16, 1998, 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 1998 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 that utility's 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 March 17, 1997 Federal Register notice (62 FR 12625)
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
through our web site may do so by contacting http://www.fe.doe.gov/
coal__power/elec__reg/elec__reg.htm. Once you have accessed our web
site just follow the directions to the 1998 list.
The changes to the 1997 list of electric and gas utilities are as
follows:
Additions:
Caney Fork Electric Cooperative (TN)
Central Electric Power Association (MS)
Deep East Texas Electric Cooperative, Inc. (TX)
Denton County Electric Cooperative, Inc. (TX)
Johnson County Electric Cooperative, Inc. (TX)
Lea County Electric Cooperative, Inc. (TX)
Magic Valley Electric Cooperative, Inc. (TX)
Maine Public Service Company (ME)
Northern Utilities, Inc. (ME)
Rayburn County Electric Cooperative, Inc. (TX)
Shenandoah Valley Electric Cooperative (VA)
Southside Electric Cooperative (VA)
United Cities Gas Company (TN)
Upshur-Rural Electric Cooperative, Inc. (TX)
West Texas Gas, Inc. (TX)
(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 December 31, 1997.
Anthony J. Como,
Manager, Electric Power Regulation, Office of Coal and Power Im/Ex,
Office of Coal and Power Systems Office of Fossil Energy.
[FR Doc. 98-224 Filed 1-5-98; 8:45 am]
BILLING CODE 6450-01-P