[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Proposed Rules]
[Pages 55130-55131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27480]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 212 / Thursday, November 1, 2001 / 
Proposed Rules  

[[Page 55130]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1717

RIN 0572-AB63


Mergers and Consolidations of Electric Borrowers

AGENCY: Rural Utilities Service.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS) is proposing to amend 
regulations to provide the Administrator with loan processing 
prioritization authority for recently merged companies. This change 
will allow the Administrator to grant or decline priority or grant 
priority for a limited amount of a loan application. This action is 
being proposed to allow lending priority to newly merged companies and 
provide greater opportunity to provide loans to as many borrowers as 
possible.

DATES: Written comments must be received by RUS or carry a postmark or 
equivalent no later than December 3, 2001.

ADDRESSES: Written comments should be addressed to F. Lamont Heppe, 
Jr., Director, Program Development and Regulatory Analysis, Rural 
Utilities Service, U.S. Department of Agriculture, STOP 1522, 1400 
Independence Ave., SW., Washington, DC 20250-1522. RUS requests a 
signed original and three copies of all comments (7 CFR 1700.4). 
Comments will be available for public inspection during regular 
business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Patrick R. Sarver, Management Analyst, 
Rural Utilities Service, Electric Program, Room 4024 South Building, 
Stop 1560, 1400 Independence Ave., SW., Washington, DC 20250-1560, 
Telephone: 202-690-2992, FAX: 202-690-0717, E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).

Executive Order 12372

    This rule is excluded from the scope of Executive Order 12372, 
Intergovernmental Consultation, which may require consultation with 
State and local officials. See the final rule related notice titled 
``Department Programs and Activities Excluded from Executive Order 
12372'' (50 FR 47034) advising that RUS loans and loan guarantees from 
coverage were not covered by Executive Order 12372.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. RUS has determined that this proposed rule meets 
the applicable standards provided in section 3 of the Executive Order. 
In addition, all state and local laws and regulations that are in 
conflict with this rule will be preempted; no retroactive effect will 
be given to this rule, and, in accordance with section 212(e) of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 
(e)), administrative appeals procedures, if any are required, must be 
exhausted before an action against the Department or its agencies.

Regulatory Flexibility Act Certification

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the Administrator of RUS has determined that this rule will not 
have significant impact on a substantial number of small entities. The 
RUS electric loan program provides loans and loan guarantees to 
borrowers at interest rates and terms that are more favorable than 
those generally available from the private sector. Small entities are 
not subjected to any requirements, which are not applied equally to 
large entities. RUS borrowers, as a result of obtaining federal 
financing, receive economic benefits that exceed any direct cost 
associated with RUS regulations and requirements.

Information Collection and Recordkeeping Requirements

    This rule contains no additional information collection or 
recordkeeping requirements under OMB control number 0572-0032 that 
would require approval under the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35).

Unfunded Mandates

    This proposed rule contains no Federal mandates (under the 
regulatory provision of title II of the Unfunded Mandates Reform Act) 
for State, local, and tribal governments or the private sector. Thus, 
this proposed rule is not subject to the requirements of sections 202 
and 205 of the Unfunded Mandates Reform Act.

National Environmental Policy Act Certification

    The Administrator of RUS has determined that this proposed rule 
will not significantly affect the quality of human environment as 
defined by the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). Therefore, this action does not require an environmental 
impact statement or assessment.

Catalog of Federal Domestic Assistance

    The program described by this proposed rule is listed in the 
Catalog of Federal Domestic Assistance Programs under No. 10.850, Rural 
Electrification Loans and Loan Guarantees. This catalog is available on 
a subscription basis from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402-9325, telephone number 
(202) 512-1800.

Background

    Pursuant to the Rural Utilities Service (RUS) effort to review and 
streamline regulations, amendments were made to regulations in 1996 
that were intended to encourage electric borrowers to evaluate and 
complete mergers, consolidations, or enter into similar arrangements 
that benefited borrowers and the rural communities they serve, 
consistent with the interests of the Government as a secured lender. 
Since the inception of the new rules, 30 mergers or consolidations have 
taken place consolidating the efforts of 62 borrowers.
    The 1996 amendments provided RUS with the option of granting 
transitional

[[Page 55131]]

assistance in connection with new municipal rate loans by providing 
loan processing priority. At the borrower's request, RUS offered 
priority for the first loan to a successor, provided that the loan was 
approved by RUS not later than five years after the subsequent date of 
the merger. RUS also offered, at the borrower's request, a waiver on 
the requirement to obtain supplemental financing and, upon borrower's 
request, extended the reimbursement period up to 48 months.
    Unfortunately, the RUS municipal rate loan program has experienced 
several situations where large loans (48-month reimbursement period) 
were made to recently merged borrowers which received loan-processing 
priority under 7 CFR 1717.154. This activity severely limited the 
number of municipal rate loans that RUS was able to approve.
    For example, in Fiscal Year 2000, loans from two recently merged 
systems totaling more than $150 million were provided loan priority. 
The merger loans accounted for more than 50 percent of the total 
municipal rate funding authority.
    In an effort to alleviate this funding level burden and provide a 
greater opportunity to provide direct loans to as many borrowers as 
possible, RUS is proposing to provide the Administrator the flexibility 
to limit the amount of a loan to a successor (surviving business 
entity) following a merger.
    In response to rapid changes in the regulatory and business 
environment of the electric industry, RUS will continue to urge 
borrowers to explore any and all opportunities when such action is 
likely to contribute, in the long term, to greater operating 
efficiency, financial soundness, and enhance the ability of the 
successor to provide reliable electric service at reasonable cost to 
Rural Electrification Act beneficiaries. RUS believes that limiting the 
maximum loan amount for the first loan following a merger will not 
deter such activity.

List of Subjects in 7 CFR Part 1717

    Administrative practice and procedure, Electric power, Electric 
power rates, Electric utilities, Intergovernmental relations, 
Investments, Loan programs--energy, Reporting and recordkeeping 
requirements, Rural areas.
    For the reasons set forth in the preamble, chapter XVII of title 7 
of the Code of Federal Regulations, is proposed to be amended as 
follows:

PART 1717--POST-LOAN POLICIES AND PROCEDURES COMMON TO INSURED AND 
GUARANTEED ELECTRIC LOANS

    1. The authority citation for part 1717 continues to read as 
follows:

    Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.

Subpart D--Mergers and Consolidations of Electric Borrowers

    2. Section 1717.154 is amended by:
    A. Revising paragraph (a)(1);
    B. Redesignating paragraph (a)(2) to (a)(3), and
    C. Adding a new paragraph (a)(2).

    This revision and addition are to read as follows:


Sec. 1717.154  Transitional assistance in connection with new loans.

* * * * *
    (a) Loan processing priority. (1) RUS loans are generally processed 
in chronological order based on the date the complete application is 
received in the regional or division office. At the borrower's request, 
RUS may offer loan processing priority for the first loan to a 
successor, provided that the loan is approved by RUS not later than 5 
years after the effective date of the merger. In considering the 
request, the Administrator will take into account, among other factors, 
the amount of the loan application, whether there is a significant 
backlog in pending loan applications, the impact that loan priority 
would have on the backlog, the savings and efficiencies to be realized 
from the merger and the relative importance of loan priority to 
facilitating the merger. The Administrator may, in his or her sole 
discretion, grant or decline to grant priority, or grant priority for a 
limited amount of the loan application while deferring for later 
consideration the remainder of the application.
    (2) For any subsequent loans approved during those 5 years, RUS may 
offer loan processing priority. In reviewing requests for loan 
processing priority on subsequent loans, RUS will consider the loan 
authority for the fiscal year, the borrower's projected cash flows, its 
electric rates and rate disparity, and the likely mitigation effects of 
priority loan processing. See 7 CFR 1710.108 and 1710.119.
* * * * *

    Dated: October 9, 2001.
Roberta D. Purchell,
Acting Administrator, Rural Utilities Service.
[FR Doc. 01-27480 Filed 10-31-01; 8:45 am]
BILLING CODE 3410-15-P