[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Notices]
[Pages 20818-20820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10264]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Electric Utility Power Rate and Service Fee Adjustment, Mission 
Valley Power

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of rate adjustment.

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SUMMARY: The Bureau of Indian Affairs (BIA) adjusted the electric power 
rates for operation and maintenance assessed to customers of the 
Mission Valley Power (MVP) Utility. MVP is a tribal

[[Page 20819]]

enterprise of the Confederated Salish and Kootenai Tribes (Tribes) 
operating and maintaining the federally-owned power utility on the 
Flathead Indian Reservation under the authority of a Public Law 93-638 
contract. These rates will remain in effect until we provide notice of 
a separate rate adjustment.

EFFECTIVE DATE: The new rates were effective November 1, 2001.

FOR FURTHER INFORMATION CONTACT: Stanley Speaks, Regional Director, 
Bureau of Indian Affairs, Northwest Regional Office, 911 NE 11th 
Avenue, Portland, Oregon 97232-4169, Telephone (503) 231-6702.

SUPPLEMENTARY INFORMATION: A notice of Proposed Rate Adjustment was 
published in the Federal Register on December 14, 2001 at 66 FR 64853. 
The public and interested parties were provided an opportunity to 
submit written comments during the 60-day period subsequent to December 
14, 2001. No comments were received.

Where Can Information on the Regulatory and Legal Citations in This 
Notice Be Obtained?

    You can contact the Northwest Regional Director's office at the 
location stated in FOR FURTHER INFORMATION CONTACT section or you can 
use the Internet site for the Government Printing Office at http://www.gpo.gov.

What Is the Purpose of This Notice?

    This notice is to notify you that we adjusted the power rates and 
service fees for one of our power utilities. We are publishing this 
notice in accordance with the BIA's regulations governing its power 
rates and service fees of power utilities, specifically, 25 CFR 175.10-
175.12. These sections provide for the fixing and announcing of power 
rates and related information for BIA Indian Electric Power Utilities.

What Authorizes Us To Issue This Notice?

    Our authority to issue this notice is vested in the Secretary of 
the Interior by 5 U.S.C. 301, and the Act of August 7, 1946 (60 Stat. 
895; 25 U.S.C. 385). The Secretary has delegated this authority to the 
Assistant Secretary--Indian Affairs under part 209 of the Department of 
the Interior's Departmental Manual, Chapter 8.1A, and by memorandum 
dated January 25, 1994, from the Chief of Staff, Department of the 
Interior, to Assistant Secretaries and Heads of Bureaus and Offices.

What Are the Final Adjusted Power Rates and Service Fees?

    The following table shows the rates and fees:

------------------------------------------------------------------------
                         Rate class                              Rate
------------------------------------------------------------------------
Residential:
    Basic charge per month.................................        $5.00
    Energy charge per kilowatt-hour........................      0.04739
    Minimum Monthly Charge.................................        10.00
General Service without demand (See note at the end of this
 table):
    Basic charge per month.................................         5.00
    Energy Rate per kilowatt-hour..........................      0.05495
General Service with demand charge:
    Single phase service basic charge per month............        20.00
    Three-phase service basic charges per month............        40.00
    Demand charge per kilowatt of billing demand...........         4.10
    Energy charge per kilowatt-hour........................      0.03735
Large commercial service:
    Basic charge per month.................................       125.00
    Demand charge per kilowatt of billing demand...........         5.00
    Energy charge per kilowatt-hour........................      0.03115
Irrigation pump service:
    Seasonal charge (whichever is greater):
        Minimum charge, or.................................       132.00
        Charge per horsepower..............................         6.00
    Monthly charge per rated horsepower of pump............        11.05
    Energy charge per kilowatt-hour........................      0.03586
Area lighting rate class, monthly charge:
    Install on existing pole or structure:
        7,000 lumen, mercury vapor unit (existing only)....         7.20
        20,000 lumen, mercury vapor unit (existing only)...        10.30
        9,000 lumen, high-pressure sodium unit.............         6.70
        22,000 lumen, high-pressure sodium unit............         9.00
    Install with new pole:
        7,000 lumen, mercury vapor unit (existing only)....         9.05
        20,000 lumen, mercury vapor unit (existing only)...        11.85
        9,000 lumen, high-pressure sodium unit.............         8.50
        22,000 lumen, high-pressure sodium unit............        10.85
Street lighting service:
    Metered Service (not including street light fixtures):
        Basic monthly charge...............................         5.00
        Energy charge......................................      0.05495
    Unmetered service:
        This rate class is available only to municipalities        (\1\)
         or communities for ten or more lighting units in a
         group. The charges for this service are subject to
         a negotiated contract with MVP....................
Unmetered service charge per month:
        Charges for an unmetered service under the present        15.00
         rate structure are determined on an individual
         basis. The rate for this service is a flat monthly
         charge (unmetered street light service is not part
         of this rate class)...............................
------------------------------------------------------------------------
\1\ Negotiated.
 Note: This rate was titled ``Small commercial without demand'' in the
  Notice of proposed rate adjustment published in the Federal Register
  on December 14, 2001 at 66 FR 64853. This notice corrects the title to
  ``General service without demand''. This rate title change has no
  effect on the proposed or final rates.


[[Page 20820]]

Consultation and Coordination With Tribal Governments (Executive 
Order 13175)

    The Tribes operate the utility under a Public Law 93-638, as 
amended, contract. As part of the contractual relationship, there are 
continuing consultations between the Tribes and the BIA. These 
consultations meet the spirit and intent of the Executive Order.

Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use (Executive Order 13211)

    This is a final notice for a rate adjustment at a BIA-owned 
electric power utility. These rate adjustments have no adverse effects 
on energy supply, distribution, or use (including a shortfall in 
supply, price increases, and increased use of foreign supplies) when 
implemented.

Regulatory Planning and Review (Executive Order 12866)

    This rate adjustment is not a significant regulatory action and 
does not need to be reviewed by the Office of Management and Budget 
under Executive Order 12866.

Regulatory Flexibility Act

    This rate adjustment is not a rule for the purposes of the 
Regulatory Flexibility Act because it is ``a rule of particular 
applicability relating to rates.'' 5 U.S.C. 601(2)(1996).

Unfunded Mandates Reform Act of 1995

    This rate adjustment imposes no unfunded mandates on any 
governmental or private entity and is in compliance with the provisions 
of the Unfunded Mandates Reform Act of 1995.

Takings (Executive Order 12630)

    The Department of the Interior (Department) has determined that 
this rate adjustment does not have significant ``takings'' 
implications. The rate adjustment does not deprive the public, state, 
or local governments of rights or property.

Federalism (Executive Order 13132)

    The Department has determined that this rate adjustment does not 
have significant Federalism effects because it pertains solely to 
Federal-tribal relations and will not interfere with the roles, rights, 
and responsibilities of states.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act of 1995

    This rate adjustment does not affect the collections of information 
which have been approved by the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), under the Paperwork 
Reduction Act of 1995. The OMB control number is 1076-0141 and expires 
November 30, 2002.

National Environmental Policy Act

    The Department has determined that this rate adjustment does not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
under the National Environmental Policy Act.

    Dated: April 8, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-10264 Filed 4-25-02; 8:45 am]
BILLING CODE 4310-W7-P