[Federal Register Volume 65, Number 51 (Wednesday, March 15, 2000)]
[Notices]
[Pages 14098-14100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6104]



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Part III





Department of Energy





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Bonneville Power Administration



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Proposed Open Access Transmission Tariff; Public Hearing and 
Opportunities for Public Review and Comment; Notice

  Federal Register / Vol. 65, No. 51 / Wednesday, March 15, 2000 / 
Notices  

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DEPARTMENT OF ENERGY

Bonneville Power Administration


Proposed Open Access Transmission Tariff; Public Hearing and 
Opportunities for Public Review and Comment

AGENCY: Bonneville Power Administration (BPA), Department of Energy 
(DOE).

ACTION: Notice of Hearing on Proposed Open Access Transmission Tariff.

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SUMMARY: BPA File No.: TC-02. BPA requests that all comments and 
documents intended to become part of the Official Record in this 
process contain the file designation number TC-02.
    BPA's Transmission Business Line (TBL) is proposing open access 
non-rate terms and conditions for transmission services over the 
Federal Columbia River Transmission System (FCRTS). Such terms and 
conditions are proposed to be effective October 1, 2001. By this 
notice, the TBL is announcing commencement of a formal administrative 
proceeding, procedures for intervention, and a comment period for non-
party participants.

DATES: Persons wishing to become formal parties to the proceeding must 
notify BPA's TBL in writing of their intention to do so, in accordance 
with the requirements stated in this Notice. Petitions to intervene 
must be received by 4:30 p.m. on March 27, 2000.
    The formal administrative proceeding will begin with a pre-hearing 
conference at 9:00 a.m. on March 29, 2000. The Initial Proposal will be 
available to parties at that time.
    Persons wishing to comment on the proposed transmission terms and 
conditions who are not formal parties to the proceeding 
(``participants'') must submit written comments on the proposal by June 
15, 2000, to be considered in the Record of Decision (ROD).

ADDRESSES:
    1. Petitions to intervene should be addressed as follows: Todd 
Miller, Hearing Clerk-LT-7, Bonneville Power Administration, 905 NE 
11th Ave., Portland, Oregon 97232. In addition, a copy of the petition 
must be served concurrently on and directed to BPA's General Counsel, 
Attention Mr. Stephen R. Larson LT-7, Office of General Counsel, 905 NE 
11th Ave., Portland, Oregon 97232.
    2. Written comments by participants should be submitted to the 
Corporate Communication Manager-KC-7, Bonneville Power Administration, 
P.O. Box 12999, Portland, Oregon 97212. You may also e-mail your 
comments to: [email protected]. Comments from participants are 
incorporated into the Official Record and will be considered by the 
Hearing Officer and the Administrator.
    3. The pre-hearing conference will be held in the BPA Rates Hearing 
Room, 2nd floor, 911 NE 11th Ave., Portland, Oregon, on March 29, 2000.

FOR FURTHER INFORMATION CONTACT: Information may also be obtained from 
Mr. Michael Hansen-KC-7, Public Involvement and Information Specialist, 
Bonneville Power Administration, P.O. Box 3621, Portland, Oregon 97208-
3621; by phone (503) 230-4328, toll free at 1-800-622-4519; or via e-
mail to [email protected].
    Responsible Official: Mr. Dennis Metcalf, Transmission Rate Case 
Manager, is the official responsible for the development of BPA's Open 
Access Tariff.

SUPPLEMENTARY INFORMATION:

Electronic Access and Copies

    The proposed Open Access Tariff may be obtained from the TBL 
website at www.transmission.bpa.gov/ratecase.httm. To receive a hard 
copy, contact BPA's Public Information Office at 905 NE 11th Ave., 1st 
floor, Portland, Oregon 97232; by phone to (503) 230-4328 or toll-free 
1-800-622-4519.

Concurrent Transmission Rate Adjustment Proceeding

    BPA will hold a Transmission Rate Adjustment proceeding 
concurrently with this proceeding. BPA is also publishing in the 
Federal Register a separate notice regarding the proposed 2002-2003 
transmission and ancillary services rates.

    Issued in Portland, Oregon, on February 28, 2000.
Judith A. Johansen,
Administrator and Chief Executive Officer.

Table of Contents

Part I--Introduction and Procedural Background
Part II--Scope and Purpose of Hearing
Part III--Public Participation
Part IV --Summary of Proposal

Part I--Introduction and Procedural Background

    BPA's existing Open Access Tariff was approved by the Federal 
Energy Regulatory Commission (Commission) as an acceptable reciprocity 
open access tariff. BPA's TBL is now proposing to establish revised 
terms and conditions of general applicability for transmission services 
over the FCRTS. The Federal Power Act amendments, passed by Congress in 
the Energy Policy Act of 1992, provide that BPA may institute a formal 
regional hearing on transmission terms and conditions which it proposes 
to establish for general applicability, 16 U.S.C. 824k(i)(2). If the 
BPA Administrator determines to hold such a hearing, notice of the 
hearing is to be provided in the Federal Register with a written 
explanation of the reasons why the terms and conditions are being 
proposed. The hearing must adhere to the procedural requirements of 
paragraphs (1) through (3) of section 7(i) of the Pacific Northwest 
Electric Power Planning and Conservation Act, 16 U.S.C. 839e(i), except 
that the Hearing Officer shall make a recommended decision to the 
Administrator, including the reasons and bases for such 
recommendations, on all material issues of fact, law, or discretion 
presented on the record. The BPA Administrator shall then make a 
determination based on the record, setting forth the reasons for 
reaching any findings and conclusions which may differ from those of 
the Hearing Officer. At the conclusion of this hearing, BPA intends to 
again file the Administrator's decision with the Commission for 
approval as a reciprocity tariff.
    This proceeding will be governed by Section 1010.9 of BPA's 
Procedures Governing Bonneville Power Administration Rate Hearings 
(Procedures), 51 FR 7611 (1986), as modified by the Hearing Officer at 
the pre-hearing conference. Section 1010.7 of the Procedures prohibits 
ex parte communications. Ex parte limitations were imposed beginning 
January 24, 2000. Because it is the TBL's largest customer, BPA's Power 
Business Line (PBL) is expected to intervene as a party to this 
proceeding. Consequently, the ex parte rules will apply to 
communications between the PBL and the TBL.
    A proposed Schedule for the formal hearing is stated below. A final 
Schedule will be established by the Hearing Officer at the pre-hearing 
conference.

March 27, 2000--Petitions to Intervene
March 29, 2000--Pre-hearing Conference and Filing of BPA Direct Case
May 22, 2000--Parties File Direct Cases
June 15, 2000--Close of Participant Comments
June 19, 2000--Litigants File Rebuttal Testimony
July 11, 2000--Cross-Examination Begins
August 14, 2000--Initial Briefs Filed
August 18, 2000--Oral Argument Before the Administrator

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September 11, 2000--Hearing Officer's Recommendations
September 29, 2000--Draft ROD issued
October 13, 2000--Briefs on Exceptions
November 3, 2000--Final ROD--Final Studies

Part II--Scope and Purpose of Hearing

    These revised terms and conditions are being proposed to (1) 
incorporate more of the wording of the Commission's pro forma open 
access tariff than is the case with BPA existing Open Access Tariff; 
(2) implement a Network Contract Demand transmission service in 
addition to the pro forma Point-to-Point and Network Integration 
Transmission services; and (3) implement various other modifications to 
the pro forma tariff, including a congestion management mechanism, 
which BPA believes will provide more reliable and efficient 
transmission services to its customers. The proposed revised Open 
Access Tariff is proposed to be effective October 1, 2001.
    One non-rate term and condition issue is being decided in BPA's 
current 2002 power rate proceeding. That issue is whether BPA's TBL 
will pay for the acquisition of transmission service over intervening 
network equivalent non-Federal transmission facilities for delivery of 
non-Federal power to certain of its customers (``GTA customers''). This 
issue will not be revisited in this proceeding. The Administrator 
directs the Hearing Officer to exclude from the record any material 
attempted to be submitted or arguments attempted to be made in the 
hearing regarding this issue.

Part III--Public Participation

A. Distinguishing Between ``Participants'' and ``Parties''

    BPA distinguishes 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 BPA Procedures as persons who may submit comments 
without being subject to the duties of, or having the privileges of, 
parties. Participant's written comments will be made part of the 
official record and considered by the Administrator. Participants are 
not entitled to participate in the pre-hearing conference; may not 
cross-examine parties' witnesses, seek discovery, or serve or be served 
with documents; and are not subject to the same procedural requirements 
as parties. Additional information may be obtained from the TBL website 
at www.transmission.bpa.gov/ratecase.httm.
    Written comments by participants will be included in the record if 
they are received by June 15, 2000. This date follows the anticipated 
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 
ADDRESSES section.
    Persons wishing to become a party to this Open Access Transmission 
Terms and Conditions proceeding must notify BPA in writing. Petitioners 
may designate no more than two (2) representatives upon whom service of 
documents will be made. Petitions to intervene shall state the name and 
address of the person requesting party status, and the person's 
interest in the hearing.
    Petitions to intervene as parties in the rate proceeding are due to 
the Hearing Officer by 4:30 p.m. on March 27, 2000. The petitions 
should be directed to: Todd Miller, Hearing Clerk--LT-7, Bonneville 
Power Administration, 905 NE 11th Ave., Portland, Oregon 97232.
    Petitioners must explain their interests in sufficient detail to 
permit the Hearing Officer to determine whether they have a relevant 
interest in the hearing. Pursuant to Rule 1010.1(d) of BPA's 
Procedures, BPA waives the requirement in Rule 1010.4(d) that an 
opposition to an intervention petition be filed and served 24 hours 
before the pre-hearing conference. Any opposition to an intervention 
petition may instead be made at the pre-hearing conference. Any party, 
including BPA, may oppose a petition for intervention. Persons who have 
been denied party status in any past BPA rate proceeding shall continue 
to be denied party status unless they establish a significant change of 
circumstances. All timely applications will be ruled on by the Hearing 
Officer. Late interventions are strongly disfavored. Opposition to a 
late petition to intervene filed after the pre-hearing conference shall 
be filed and received by BPA within two (2) days after service of the 
petition.

B. Developing the Record

    The hearing record will include, among other things, the 
transcripts of the hearing, written material submitted entered into the 
record by BPA and the parties, written comments from participants, and 
other material accepted into the record by the Hearing Officer. The 
Hearing Officer then will review the record, will supplement it if 
necessary, and will certify the record to the Administrator for 
decision.
    The Administrator will develop Final Open Access Transmission terms 
and conditions based on the entire record, including the hearing record 
certified by the Hearing Officer, the recommendations of the Hearing 
Officer, and comments received from participants. The Administrator 
will then issue a Draft Record of Decision. Parties will have an 
opportunity to respond to the Draft Record of Decision as provided in 
BPA's Procedures. The Administrator will then issue a Final Record of 
Decision with the Final Open Access Tariff and will serve copies of the 
Final Record of Decision on all parties. At the conclusion of the 
proceeding, BPA will file its Open Access Tariff with the Commission 
for review and approval as an acceptable reciprocity tariff.
    BPA must continue to meet with customers in the ordinary course of 
business during this proceeding. To comport with the procedural rule 
prohibiting ex parte communications, BPA will provide necessary notice 
of meetings involving issues raised in the proceeding to allow for 
participation by all parties to the proceeding. 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 proceeding.

Part IV--Summary of Proposal

    BPA is proposing an Open Access Tariff based on the pro forma 
tariff contained in the Commission's Order 888-A. The following is a 
brief summary of the major modifications being proposed to the pro 
forma tariff:
     Addition of a third Open Access Transmission service, 
Network Contract Demand service, which combines flexible use of Network 
Resources with the ability either to serve native load or to make third 
party sales; the flexibility to use Network Resources at Points of 
Receipt is matched by the flexibility at Points of Delivery to take 
firm service at Secondary Points of Delivery, if capacity is available.
     Addition of a redispatch congestion management mechanism 
based on incremental and decremental bids from resource owners.
     Change from a first-come, first-served approach to a 
first-to-confirm approach.
     Addition of an option for customers requesting Long-Term 
Firm Point-to-Point or Network Contract Demand service to maintain 
priority access prior to executing a service agreement by paying a 
Capacity Holding Fee which will be credited towards the customer's 
first month's bill if the customer executes a Service Agreement.

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     Addition of the right of applicants for Short-Term Firm 
Point-to-Point service to pre-confirm their requests.
     The ability of Point-to-Point customers to request Daily 
Firm service with a term ranging from one (1) day to 364 days.
     The addition of Hourly Firm service.
     The elimination of any reference to BPA native load.
     The elimination of the BPA Power Business Line's 
obligation to redispatch its generation to provide transmission 
capacity in response to service requests.
     The elimination of ``bumping'' rights among requests for 
Firm Point-to-Point service.
     Clarification of the mechanism for postponing the 
commencement of firm transmission service.
     The elimination of any application deposit or processing 
fee.
     Addition of an explicit obligation to transfer service 
under the Open Access Tariff to the tariff of a Regional Transmission 
Organization (RTO), when formed.
     Elimination of the Load Ratio Share concept from Network 
Integration Service.
     Addition of a right of Network Integration Customers to 
deduct Customer-Served Load from the base charge applied to Network 
Load.
     Addition of a definition for dynamic scheduling.
     Elimination of the reservation priority for existing 
customers when their contracts expire.
     Losses--Consistent with the pro forma tariff, TBL is 
including loss percentages in the tariffs. Because of time constraints, 
TBL has not rerun the loss studies, so the loss percentages have not 
changed from the current ones in place since October 1, 1996. These 
losses are based on average losses by segment. TBL believes a 
methodology based on incremental losses (perhaps constrained to just 
recover total losses) would provide a more accurate price signal 
concerning the impact of resource and load location and their shape 
over time. This could result in more efficient resource location, more 
efficient generation dispatch, and a more equitable assignment of the 
cost of losses. TBL is considering developing such a loss recovery 
methodology after the conclusion of this Terms and Condition 
proceeding. TBL requests comments on this idea from customers and other 
interested parties.

[FR Doc. 00-6104 Filed 3-14-00; 8:45 am]
BILLING CODE 6450-01-P