[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Page 51662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1879]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD04-9-001]


Billing Procedures for Annual Charges for the Costs of Other 
Federal Agencies for Administering Part I of the Federal Power Act; 
Notice Issuing ``Other Federal Agency Cost'' Submission Form and 
Extending Related Submission Deadlines

August 13, 2004.
    1. By order issued June 18, 2004, the Commission acted on matters 
remanded to it by the court in City of Tacoma, WA, et al. v. FERC, 331 
F.3d 106 (D.C. Cir. 2003). The court concluded that the Commission is 
required to determine the reasonableness of costs incurred by other 
Federal agencies (OFAs) in connection with their participation in 
Commission proceedings under Part I of the Federal Power Act (FPA) \1\ 
when those agencies seek to include such costs in the administrative 
annual charges licensees must pay to reimburse the United States for 
the cost of administering Part I.\2\ The court also remanded issues 
regarding the eligibility of specific types of OFA costs for 
reimbursement, and the availability of refunds for certain charges.
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    \1\ 16 U.S.C. 794-823b.
    \2\ The OFAs are the Bureau of Indian Affairs, the Bureau of 
Land Management, Bureau of Reclamation, National Park Service, and 
U.S. Fish and Wildlife Service (all in the Department of the 
Interior); Corps of Engineers (in the Department of the Army); U.S. 
Forest Service (in the Department of Agriculture); and National 
Oceanic and Atmospheric Administration (in the Department of 
Commerce).
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    2. The June 18 Order (1) determined which OFA costs are eligible to 
be included in administrative annual charges; (2) established 
procedures for Commission review of future OFA cost submittals, as well 
as those currently on appeal and (3) introduced a proposed new form to 
be used in submitting OFA costs, the form to be finalized in a 
technical conference.\3\
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    \3\ The form was attached to the order and is posted on the 
Commission's Web site, http://www.ferc.gov/.
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    3. The technical conference, held on July 1, 2004, was attended by 
Commission staff and counsel representing affected licensees. The 
licensees made recommendations with respect to the guidance the 
Commission should give the OFAs in filling out the form, but did not 
propose any alterations to the form itself. The licensees did not make 
any specific recommendations regarding the form's content or design. 
Attached to this notice is the final form, which is the same as that 
proposed in the June 18 Order.
    4. Numerous licensees have requested rehearing of the June 18 
order. To provide more certainty to the annual charges billing process, 
the Commission has decided to delay the billing of the OFA costs that 
would have been included in the 2004 annual charges statement until 
after the rehearing requests are addressed. The Commission informed 
licensees of this decision in an August 4, 2004 letter included with 
the Statement of Annual Charges for Administration, Government Dams and 
Indian Lands for Bill Year 2004. Similarly, the Commission is extending 
the deadlines stated in the June 18 Order for OFAs to submit their cost 
data for Fiscal Years 1998-2003. The Commission will establish a new 
deadline for these submittals after the rehearing requests have been 
addressed. Anyone having questions regarding this notice should contact 
Anton Porter at (202) 502-8728, e-mail at [email protected].

Magalie R. Salas,
Secretary.
 [FR Doc. E4-1879 Filed 8-19-04; 8:45 am]
BILLING CODE 6717-01-P