[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Notices]
[Pages 60857-60858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22914]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Post-2005 Resource Pool, Pick-Sloan Missouri Basin Program--
Eastern Division

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of final power allocations.

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SUMMARY: The Western Area Power Administration's (Western) Upper Great 
Plains Customer Service Region, a Federal power marketing agency of the 
Department of Energy, announces the Post-2005 Resource Pool Power 
Allocations (Power Allocations) to fulfill the requirements of the 
Energy Planning and Management Program (Program). The Power Allocations 
come from a Federal power resource pool of the long-term marketable 
resource of the Pick-Sloan Missouri Basin Program--Eastern Division (P-
SMBP--ED) that will become available January 1, 2006. This notice also 
includes Western's responses to public comments on proposed allocations 
published March 29, 2004.
    Final Power Allocations are published to show Western's decisions 
prior to beginning the contractual phase of the process. Firm electric 
service contracts, between Western and the allottees in this notice, 
will provide for allocations of power from the January 2006 billing 
period through the December 2020 billing period.

DATES: The Power Allocations are effective November 12, 2004.

ADDRESSES: Information about these Power Allocations, including 
comments, letters, and other supporting documents made or kept by 
Western in developing the final allocations, are available for public 
inspection and copying at the Upper Great Plains Customer Service 
Region, Western Area Power Administration, located at 2900 4th Avenue 
North, P.O. Box 35800, Billings, MT 59107-5800. Public comments are 
available online at http://www.wapa.gov/ugp/contracts/post2005/comments.htm.

FOR FURTHER INFORMATION CONTACT: Nancy Senitte, Public Utilities 
Specialist, Upper Great Plains Customer Service Region, Western Area 
Power Administration, 2900 4th Avenue North, Billings, MT 59107-1266, 
telephone (406) 247-7429, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Western published the final Post-2005 
Resource Pool Allocation Procedures (Procedures) in the Federal 
Register (68 FR 67414, December 2, 2003), to implement Subpart C-Power 
Marketing Initiative of the Program's Final Rule (10 CFR 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 for 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.
    Western published its proposed allocations in the Federal Register 
(69 FR 16247, March 29, 2004), and initiated a public comment period. 
Public information and comment forums on the proposed allocations were 
held on April 27 and 28, 2004. The public comment period ended on June 
28, 2004.
    The Procedures, in conjunction with the Post-1985 Marketing Plan 
(45 FR 71860, October 30, 1980), establish the framework for allocating 
power from the P-SMBP--ED.

Response to Comments on Proposed Post-2005 Resource Pool Allocations

    The comments and responses regarding the allocations of power, 
paraphrased for brevity when not

[[Page 60858]]

affecting the meaning of the statement(s), are discussed below.
    Comment: Western received a letter supporting the allocation plan 
for the Post-2005 Resource Pool. Western also received a letter 
expressing frustration with the process and allocations.
    Response: Western exercised its discretion under Reclamation Law in 
shaping the final Procedures in response to public input provided 
during the public process in allocating this resource to eligible 
applicants. Western followed these Procedures in determining the Power 
Allocations.
    Comment: Western received a comment from a current customer 
concerned with the Post-2005 Resource Pool process overburdening a 
specific class of existing customers by using a reallocation 
methodology which does not impact all existing customers equally. The 
commenter believes this results in an increase to retail power rates 
for the benefit of new customers under the Post-2005 Resource Pool. The 
commenter suggests that all customers, regardless of class, should bear 
the burden of the proposed allocation.
    Response: Western agrees that all customers should be impacted 
equally and the Post-2005 Resource Pool process accomplishes that. 
Customers who hold allocations from a Western resource pool are 
impacted the same; as each customer's current allocation is reduced by 
the same percentage. Western's customers who received allocations from 
the Post-2000 Resource Pool will see a reduction in their allocations 
at the same percentage as those who hold allocations from previous 
marketing initiatives. This process avoids any discrimination among 
customers.
    Comment: Western received a letter from an entity expressing hope 
that a power allocation to an entity from the Post-2005 Resource Pool 
would not automatically disqualify other State entities or university 
units from consideration for power allocations in future.
    Response: The determination of future resource pool criteria is 
outside of this public process.

Final Allocations of Power

    The Power Allocations for new customers were calculated using the 
Procedures. As defined in the Post-1985 Marketing Plan criteria under 
the Procedures, the summer allocations are 24.84413 percent of total 
summer load; the winter allocations are 35.98853 percent of total 
winter load. The final Power Allocations for new eligible customers and 
the loads these allocations are based upon are as follows:

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                                                                                     Post-2005  resource pool
                                                    2002 summer     2002 winter          power allocations
                  New customers                     season load     season load  -------------------------------
                                                     kilowatts       kilowatts        Summer          Winter
                                                                                     kilowatts       kilowatts
----------------------------------------------------------------------------------------------------------------
City of Auburn, IA..............................             515             409             128             147
City of Pocahontas, IA..........................           4,236           2,980           1,052           1,072
Montana State University--Bozeman, MT...........           8,506           8,536           2,113           3,072
----------------------------------------------------------------------------------------------------------------

    The final Power Allocations for new customers listed in the table 
above are based on the P-SMBP--ED marketable resource available at this 
time. Firm Electric Service Contracts will be offered to the customers 
listed in the table above. If the P-SMBP--ED marketable resource is 
adjusted in the future, Power Allocations may be adjusted accordingly.

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. 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.

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.

Determination Under Executive Order 12866

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

    Dated: September 27, 2004.
Michael S. Hacskaylo,
Administrator.
[FR Doc. 04-22914 Filed 10-12-04; 8:45 am]
BILLING CODE 6450-01-P