[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