[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Pages 32342-32343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13026]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Custom Products and Transmission Arrangements, Central Valley 
Project

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of date extensions for customer action.

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SUMMARY: The Western Area Power Administration (Western), a Federal 
power marketing administration of the Department of Energy (DOE), 
published Notice of the final 2004 Power Marketing Plan (Marketing 
Plan) in the Federal Register for the Sierra Nevada Customer Service 
Region (SNR). This notice extends the dates by which customers are 
required to act under the Marketing Plan and associated contracts.

DATES: Western is extending until August 13, 2004, the deadline by 
which customers must execute a Custom Product Contract to receive Full 
Load, Variable Resource, and/or Scheduling Coordinator Services from 
Western beginning January 1, 2005. The date by which all customers are 
required to notify Western of their transmission arrangements to 
deliver the Base

[[Page 32343]]

Resource is also extended to August 13, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas R. Boyko, Power Marketing 
Manager, Sierra Nevada Region, Western Area Power Administration, 114 
Parkshore Drive, Folsom, CA 95630-4710, telephone (916) 353-4421, e-
mail [email protected].

SUPPLEMENTARY INFORMATION:

Authorities

    The Marketing Plan for marketing power by SNR after 2004, published 
in the Federal Register (64 FR 34417) on June 25, 1999, including the 
subsequent Final Resource Pool Allocations, published in the Federal 
Register (65 FR 45976) on July 26, 2000, and all other related notices, 
were established pursuant to the Department of Energy Organization Act 
(42 U.S.C. 7101-7352); the Reclamation Act of 1902 (ch. 1093, 32 Stat. 
388), as amended and supplemented by subsequent laws, particularly 
section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)); and other acts that specifically apply to the projects 
involved.

Background

    The Marketing Plan describes how SNR will market its power 
resources from the Central Valley Project, Washoe Project, and other 
sources beginning January 1, 2005, through December 31, 2024. The 2005 
Resource Pool was established for new power allocations, and those 
allocations were made to qualified entities. All existing customers and 
new allottees have executed a Base Resource Contract with Western.
    The Marketing Plan provides for making a Custom Product available 
to interested customers. A Custom Product is service not provided under 
the Base Resource Contract that a customer needs to meet its load, 
including firming or supplemental power, portfolio management, and/or 
scheduling coordinator services. The Marketing Plan required customers 
to commit to purchase a Custom Product by December 31, 2002. By notice 
in the Federal Register (67 FR 60654), dated September 26, 2002, the 
deadline was extended to June 30, 2004, to provide customers with more 
time to determine their need for a Custom Product in California's 
changing electric market.
    SNR delayed its formal process to establish the rates to become 
effective January 1, 2005, until it completed the Operational 
Alternatives Administrative Procedure Act process. Western published a 
Final Decision on the Post-2004 Operational Alternative in the Federal 
Register (69 FR 8191) on February 23, 2004. Western then developed 
proposed rates consistent with that Final Decision. The Notice of 
Proposed Rates was published in the Federal Register (69 FR 26370) on 
May 12, 2004. Once established, these rates will apply to the services 
offered under the Marketing Plan. Therefore, Western is now extending 
the deadline to execute a Custom Product Contract to August 13, 2004. 
This extension is expected to provide ample time for customers to 
review the contracts and the proposed rates for the services offered 
under those contracts prior to the deadline to execute a contract.
    The Base Resource Contract provides, among other things, that the 
customer make its own transmission arrangements to take delivery of the 
Base Resource, and must inform Western of such arrangements by July 1, 
2004. Because Western is extending the deadline by which a customer 
must commit to purchase a Custom Product, Western has also decided to 
extend the notification date following the Transmission Arrangements 
Section of the Base Resource Contract to August 13, 2004.

Regulatory Procedure Requirements

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.) 
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.

Environmental Compliance

    In compliance with the National Environmental Policy Act of 1969 
(NEPA) (42 U.S.C. 4321, et seq.); Council on Environmental Quality 
Regulations (40 CFR 1500-1508); and DOE NEPA Regulations (10 CFR 1021), 
Western has determined this action is categorically excluded from 
preparing an environmental assessment or an environmental impact 
statement.

Determination Under Executive Order 12866

    Western has an exemption from centralized regulatory review under 
Executive Order 12866; so this notice requires no clearance by the 
Office of Management and Budget.

Small Business Regulatory Enforcement Fairness Act

    Western has determined 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: May 26, 2004.
Michael S. Hacskaylo,
Administrator.
[FR Doc. 04-13026 Filed 6-8-04; 8:45 am]
BILLING CODE 6450-01-P