[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Pages 49019-49021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19070]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Post-2004 Resource Pool-Salt Lake City Area Integrated Projects

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of adjustment to final allocations.

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SUMMARY: The Western Area Power Administration (Western), a Federal 
power marketing agency of the Department of Energy (DOE), announces an 
adjustment to its Salt Lake City Area Integrated Projects (SLCA/IP) 
Post-2004 Resource Pool Final Allocation of Power developed under the 
requirements of Subpart C--Power Marketing Initiative of the Energy 
Planning and Management Program (Program) Final Rule. Final allocations 
were published in the Federal Register on February 4, 2002. Information 
received since then has made it necessary to revise the allocations.
    Adjusted final allocations are published to indicate Western's 
decisions prior to beginning the contractual phase of the allocation 
process. Firm electric service contracts, negotiated between Western 
and allottees, will permit delivery of power allocations from the 
October 2004 billing period through the September 2024 billing period.

DATES: The Adjusted Post-2004 Resource Pool Final Allocation of Power 
will become effective August 28, 2002, and will remain in effect 
through September 30, 2024.

ADDRESSES: All documents developed or retained by Western in developing 
the adjusted final allocations are available for inspection and copying 
at the CRSP Management Center, 150 East Social Hall Avenue, Suite 300, 
Salt Lake City, UT 84111.

SUPPLEMENTARY INFORMATION: Western published Final Post-2004 Resource 
Pool Allocation Procedures (Procedures) in the Federal Register (64 FR 
48825, September 8, 1999) to implement Subpart C-Power Marketing 
Initiative of the Program's Final Rule (10 CFR part 905), published in 
the Federal Register (60 FR 54151, October 20, 1995). The Program, 
developed in part to implement Section 114 of the Energy Policy Act of 
1992, became effective on November 20, 1995. The goal of the Program is 
to require planning and efficient electric energy use by Western's 
long-term firm power customers and to extend Western's firm power 
resource commitments. One aspect of the Program is to establish 
project-specific power resource pools and allocate power from these 
pools to new preference customers.
    The Procedures, in conjunction with the Post-1989 Marketing Plan 
(51 FR 4844, February 7, 1986), establish the framework for allocating 
power from the SLCA/IP Post-2004 Power Pool.
    Proposed allocations were published in the Federal Register (66 FR 
31910, June 13, 2001). Public information/comment forums concerning the 
proposed allocations were held August 10, 15, 16, 21, and October 4, 
2001. The public comment period closed October 11, 2001.
    Final allocations were published in the Federal Register (67 FR 
5113, February 4, 2002). Information received by Western since that 
date has indicated that misinterpretation of data by Western made it 
necessary to adjust these allocations.

I. Reason for Adjustment

    Following publication of the final allocations, Western received 
information indicating that because of errors made in evaluating the 
data used to calculate the final allocations, three tribes' allocations 
were incorrect. Western has stated in the criteria that it would be 
consistent in determining the allocations of all tribes. It is 
necessary to adjust the allocations to correct these errors. The first 
of these is the San Carlos Apache Tribe (San Carlos). The San Carlos 
Apache Reservation is served by three utilities. Only one of these 
utilities currently receives Federal

[[Page 49020]]

power that is used to serve the reservation. In calculating the 
allocation for San Carlos, the percentage of Federal power received by 
this utility was applied to San Carlos's total load. The result of this 
calculation was that San Carlos received a smaller allocation than it 
should have.
    The second adjustment made was to the allocation of the Yavapai 
Prescott Tribe. The non-residential load information submitted with the 
Applicant Profile Data by Yavapai Prescott was misinterpreted resulting 
in only two commercial accounts being identified as tribally-owned and 
thus eligible for an allocation. However, a number of other tribal 
businesses, administrative offices, and eligible loads should have been 
included. These loads have been identified, and an adjustment made to 
Yavapai Prescott's allocation.
    The third allottee to identify a problem was the Tohono O'odham 
Utility Authority (TOUA). TOUA is a tribal utility which currently 
receives an allocation of Federal power. The information available to 
Western and used to determine the percentage of TOUA's load served by 
its present Federal allocation was shown to be incorrect. This resulted 
in TOUA receiving a lower level of service in 2004 than other tribes. 
TOUA's allocation was adjusted by using the correct percentage of 
current Federal power in the calculations.
    To maintain consistency in its treatment of all tribes Western 
believes it is necessary to make these corrections. Since the entire 
resource pool has been allocated, any adjustment to an allocation 
results in all of the allocations being changed. The result of these 
adjustments is that other tribes' allocations are reduced slightly from 
the previously published amounts. With these adjustments, the tribes' 
SLCA/IP allocations, combined with existing and future Western 
hydropower benefits, were reduced slightly to approximately 55.2 
percent of eligible load in the Summer season and 57.2 percent in the 
Winter season based on the adjusted seasonal energy data submitted by 
each tribe.
    Another result of recalculating the allocations is that the Kiabab 
Paiute Tribe (Kiabab) will not receive an allocation. The utility which 
serves Kiabab receives a greater portion of its power supply through 
its allocation than Western is able to provide to the Tribes.

II. Final Power Allocation

    Since the proposed allocations were published in June 2001 and 
subsequently in February 2002, tribes have had sufficient time to 
review the allocations and point out any inconsistencies with the 
criteria. The following final power allocations are made in accordance 
with the Procedures. All of the allocations are subject to the 
execution of a firm electric service contract in accordance with the 
Procedures. Western will proceed to offer firm electric service 
contracts to the tribes receiving allocations in the amounts shown 
below.
    The adjusted final allocations for Indian tribes and organizations 
are shown in this table.

                       Salt Lake City Area Projects Post-2004 Power Pool Final Allocations
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                                                   Summer energy   Winter energy    Summer CROD     Winter CROD
                      Tribe                            (kWh)           (kWh)           (kW)            (kW)
----------------------------------------------------------------------------------------------------------------
Alamo Navajo Chapter............................         399,824         453,518             184             196
Canoncito Navajo Chapter........................         292,937         335,242             135             145
Cocopah Indian Tribe............................       2,779,230       2,454,829           1,281           1,058
Colorado River Indian Tribes....................      12,969,838       8,747,829           5,978           3,772
Confederated Tribes of the Goshute Reservation..          84,952         144,200              39              62
Duckwater Shoshone Tribe........................         149,225         156,069              69              67
Ely Shoshone Tribe..............................         168,395         299,306              78             129
Fort Mojave Indian Tribe........................         612,855         631,886             282             272
Ft. McDowell Mojave-Apache Indian Community.....       5,089,153       5,263,924           2,346           2,270
Gila River Indian Community.....................      30,202,512      30,918,295          13,920          13,330
Havasupai Tribe.................................         432,433         548,898             199             237
Hopi Tribe......................................       5,892,469       6,517,369           2,716           2,810
Hualapai Tribe..................................       1,357,114       1,411,736             625             609
Jicarilla Apache Tribe..........................       1,257,753       1,703,852             580             735
Las Vegas Paiute Tribe..........................       1,563,305       1,213,043             721             523
Mescalero Apache Tribe..........................       2,116,562       2,295,175             976             990
Nambe Pueblo....................................         126,990         151,509              59              65
Navajo Tribal Utility Authority.................      45,155,581      56,535,996          20,812          24,375
Paiute Indian Tribe of Utah.....................         343,334         357,388             158             154
Pascua Yaqui Tribe..............................       2,864,577       2,393,821           1,320           1,032
Picuris Pueblo..................................         164,296          51,199              76              22
Pueblo De Cochiti...............................         401,422         520,585             185             224
Pueblo of Acoma.................................         911,224         950,635             420             410
Pueblo of Isleta................................       2,381,563       2,572,647           1,098           1,109
Pueblo of Jemez.................................         464,155         613,561             214             265
Pueblo of Laguna................................       1,610,018       1,745,884             742             753
Pueblo of Pojoaque..............................         451,379         628,599             208             271
Pueblo of San Felipe............................         711,597         977,634             328             422
Pueblo of San Ildefonso.........................         136,791         148,335              63              64
Pueblo of San Juan..............................         647,460         702,893             298             303
Pueblo of Sandia................................       2,045,141       1,894,685             943             817
Pueblo of Santa Clara...........................         463,973         613,363             214             264
Pueblo of Santo Domingo.........................         980,004       1,016,679             452             438
Pueblo of Taos..................................         480,420         787,815             221             340
Pueblo of Tesuque...............................       1,361,547       1,387,845             628             598
Pueblo of Zia...................................         148,471         196,276              68              85
Pueblo of Zuni..................................       2,212,186       2,748,632           1,020           1,185
Quechan Indian Tribe............................       1,095,632       1,691,226             505             729

[[Page 49021]]

 
Ramah Navajo Chapter............................         650,681         954,717             300             412
Salt River Pima-Maricopa Indian Community.......      35,026,125      31,034,316          16,144          13,380
San Carlos Apache Tribe.........................       9,008,264       8,766,824           4,152           3,780
Santa Ana Pueblo................................         997,747         950,995             460             410
Skull Valley Band of Goshute Indians............          33,098          34,336              15              15
Southern Ute Indian Tribe.......................       2,435,344       2,723,333           1,122           1,174
Tohono O'Odham Utility Authority................       2,270,947       7,060,054           1,047           3,044
Tonto Apache Tribe..............................         829,541         810,134             382             349
Ute Indian Tribe................................         991,484       1,596,382             457             688
Ute Mountain Ute Tribe..........................       1,034,236       1,177,682             477             508
White Mountain Apache Tribe.....................      12,632,129      13,914,290           5,822           5,999
Wind River Reservation..........................       1,050,627       1,138,890             484             491
Yavapai Apache Nation...........................       4,106,724       3,399,015           1,893           1,465
Yavapai Prescott Indian Tribe...................       1,589,784       1,867,486             733             805
Yomba Shoshone Tribe............................          68,129          70,678              31              30
                                                 ---------------------------------------------------------------
    Total.......................................     203,251,178     217,281,509          93,679          93,680
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IV. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-621, requires Federal 
agencies to perform a regulatory flexibility analysis if a final rule 
is likely to have a significant economic impact on a substantial number 
of small entities and there is a legal requirement to issue a general 
notice of proposed rulemaking. Western has determined that this action 
does not require a regulatory flexibility analysis since it is a 
rulemaking of particular applicability involving rates or services 
applicable to public property.

V. Environmental Compliance

    Western has completed an environmental impact statement on the 
Program, pursuant to the National Environmental Policy Act of 1969 
(NEPA). The Record of Decision was published in the Federal Register 
(60 FR 53181, October 12, 1995). Western's NEPA review assured all 
environmental effects related to these procedures have been analyzed.

VI. Determination 12866

    DOE has determined that this is not a significant regulatory action 
because it does not meet the criteria of Executive Order 12866, 58 FR 
51735. Western has an exemption from centralized regulatory review 
under Executive Order 12866; accordingly, this notice requires no 
clearance by the Office of Management and Budget.

VII. Small Business Regulatory Enforcement Fairness Act

    Western has determined that this rule is exempt from congressional 
notification requirements under 5 U.S.C. 801 because the action is a 
rulemaking of particular applicability relating to rates or services 
and involves matters of procedure.

    Dated: July 5, 2002.
Michael S. Hacskaylo,
Administrator.
[FR Doc. 02-19070 Filed 7-26-02; 8:45 am]
BILLING CODE 6450-01-P