[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26671-26675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12919]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Call for 2015 Resource Pool Applications

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of the Sierra Nevada Region's Call for 2015 Resource 
Pool Applications.

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SUMMARY: The Western Area Power Administration (Western), a Federal 
power marketing administration of DOE, published its 2004 Power 
Marketing Plan (Marketing Plan) for the Sierra Nevada Customer Service 
Region (SNR) in the Federal Register on June 25, 1999, at 64 FR 34417. 
The Marketing Plan specifies the terms and conditions under which 
Western will market power from the Central Valley Project (CVP) and the 
Washoe Project beginning January 1, 2005, and continuing through 
December 31, 2024. With this Federal Register notice, Western is 
issuing a call for applications for SNR's 2015 Resource Pool.
    Preference entities who wish to apply for a new allocation of power 
from Western's SNR must submit a formal application using the Applicant 
Profile Data (APD) form and must meet the Eligibility and Allocation 
Criteria described in the Marketing Plan, as

[[Page 26672]]

revised (73 FR 79878 (2008)) and restated below. In addition, if a 
customer that currently has an allocation of power wishes to apply for 
a new allocation of power above and beyond its current allocation, it 
also must submit an application using the APD form and meet the revised 
Eligibility Criteria. In addition to the Eligibility Criteria, the 
Allocation and General Criteria and Contract Principles are defined in 
the Marketing Plan and also restated later in this Federal Register.

DATES: Entities interested in applying for an allocation of Western 
power must submit an application to Western's Sierra Nevada Customer 
Service Regional Office at the address below. Applications must be 
received by 4 p.m., PDT, on August 3, 2009. Applicants are encouraged 
to submit the APD form through electronic mail or to use certified 
mail. Applications will be accepted via regular mail through the U.S. 
Postal Service if postmarked at least 3 days before August 3, 2009, and 
received no later than August 5, 2009. Western will not consider 
applications that are not received by the prescribed dates. Western 
will publish a Notice of Proposed Allocations in the Federal Register 
after evaluating all applications.

ADDRESSES: Applications must be submitted to Ms. Sonja Anderson, Power 
Marketing Manager, Sierra Nevada Customer Service Region, Western Area 
Power Administration, 114 Parkshore Drive, Folsom, CA 95630. APD forms 
with an electronic signature may be electronically mailed to 
[email protected]. If an entity submits an APD form electronically 
and an electronic signature is not available, the applicant must mail 
the signed APD form signature page to the address above, or scan the 
signed page and send it via electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Sonja Anderson, Power Marketing 
Manager, Sierra Nevada Customer Service Region, Western Area Power 
Administration, 114 Parkshore Drive, Folsom, CA 95630, (916) 353-4421, 
or by electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Marketing Plan provides for Western to offer up to 2 percent of 
SNR's marketable power resources available after 2014 to new and 
existing customers. On May 5, 2008, Western issued a notice in the 
Federal Register (73 FR 24592) seeking public comment on the exact size 
of the 2015 Resource Pool and a proposed modification to the 
Eligibility Criteria found in the Marketing Plan. Western held a public 
comment forum to accept verbal comments on the Proposed 2015 Resource 
Pool Size and Revised Eligibility Criteria on May 21, 2008. In 
addition, Western accepted written comments from the public through 
July 7, 2008. Western considered the comments received in developing 
the Final 2015 Resource Pool Size and Revised Eligibility Criteria 
published in the December 30, 2008, Federal Register (73 FR 79878). 
Through the 2015 Resource Pool Size and Revised Eligibility Criteria 
public process, it was determined that Western would offer exactly 2 
percent of SNR's marketable power resources under the process in this 
Federal Register notice. Also, as discussed in the December 30, 2008, 
Federal Register (73 FR 79878), Western revised the Eligibility 
Criteria.
    The Marketing Plan describes how SNR will market its power 
resources beginning January 1, 2005, through December 31, 2024. 
Western, at its discretion, will allocate a percentage of the 2015 
Resource Pool to applicants that meet the Eligibility Criteria defined 
in the Marketing Plan as revised and restated below. This allocation 
percentage will be multiplied by the 2015 Resource Pool percentage to 
determine the applicant's percentage of the Base Resource as described 
in the Marketing Plan. Western will publish a Notice of Proposed 
Allocations in the Federal Register once those have been determined. 
The public will have an opportunity to comment on the Proposed 
Allocations. Once the final 2015 Resource Pool allocations have been 
determined and published, Western will work with the new allottees to 
develop a customized product to meet their needs as requested by such 
allottees and as more fully described in the Marketing Plan.
    For ease of use, Western is restating herein the Eligibility, 
Allocation, and General Criterion and Contract Principles contained in 
its Marketing Plan (as revised by 73 FR 79878).

Eligibility Criteria

    Western will apply the following Eligibility Criteria to all 
applicants seeking a resource pool allocation.
    1. Applicants must meet the preference requirements of the 
Reclamation Law.
    2. Applicants should be located within SNR's primary marketing area 
as defined in the Marketing Plan. If SNR's power resources are not 
fully subscribed, Western may market its resources outside the primary 
marketing area.
    3. Applicants that require power for their own use must be ready, 
willing, and able to receive and use Federal power. Federal power shall 
not be resold to others.
    4. Applicants that provide retail electric service must be ready, 
willing, and able to receive and use the Federal power to provide 
electric service to their customers, not for resale to others.
    5. Applicants must submit an application in response to this 
Federal Register notice according to the procedures in the Dates 
section above.
    6. Native American applicants must be an Indian tribe as defined in 
the Indian Self Determination Act of 1975 (25 U.S.C. 450b, as amended).
    7. SNR will normally not allocate power to applicants with loads of 
less than 1 megawatt (MW); however, allocations to applicants with 
loads which are at least 500 kilowatts may be considered if the loads 
can be aggregated with other customers' and/or allottees' loads to 
schedule and deliver to a minimum load of 1 MW.

Allocation Criteria

    Western will apply the following Allocation Criteria to all 
applicants receiving a resource pool allocation.
    1. Allocations will be made in amounts determined solely by Western 
in exercise of its discretion under Reclamation Law and considered to 
be in the best interest of the United States Government.
    2. Allocations will be based on the applicant's peak demand during 
the calendar year 2008 or the amount requested, whichever is less.
    3. An allottee will have the right to purchase power from Western 
only upon execution of an electric service contract between Western and 
the allottee and satisfaction of all conditions in that contract.
    4. Eligible Native American entities will receive greater 
consideration for an allocation of up to 65 percent of their peak load 
in calendar year 2008.

General Criteria and Contract Principles

    Western will apply the following General Criteria and Contract 
Principles to all contracts executed under the Marketing Plan.
    1. Electric service contracts shall be executed within 6 months of 
a contract offer unless otherwise agreed to in writing by Western.
    2. Allocation percentages provided for in the Marketing Plan and 
the electric service contracts shall be subject to adjustment.

[[Page 26673]]

    3. All power supplied by Western will be delivered pursuant to a 
scheduling arrangement.
    4. All power will be provided on a take-or-pay basis. All costs 
associated with the products and services provided including costs 
associated with ancillary services, Custom Products, and transmission 
will be passed on to the customer(s) using the product or service.
    5. Contracts shall require a written commitment to a percentage of 
the Base Resource on or before June 30, 2011, and the Custom Product on 
or before December 31, 2012. Western may extend the final commitment 
dates for the Base Resource or Custom Product.
    6. Contracts will include a clause specifying criteria that 
customers must meet on a continuous basis to be eligible to receive 
electric service from Western.
    7. Upon request, Western shall provide or assist each new and 
existing customer in obtaining transmission arrangements for delivery 
of power marketed under this Marketing Plan; nonetheless, each entity 
is ultimately responsible for obtaining its own delivery arrangements 
to its load. Transmission service over the CVP system will be provided 
in accordance with Section VII of the Marketing Plan.
    8. Contracts shall provide for Western to furnish electric service 
effective January 1, 2015, through December 31, 2024.
    9. Specific products and services may be provided for periods of 
time as agreed to in the electric service contract.
    10. Contracts shall incorporate Western's standard provisions for 
electric service contracts, integrated resource plans, and General 
Power Contract Provisions as determined by Western.
    11. Contracts will include a clause that allows Western to reduce 
or rescind a customer's allocation percentage, upon 90-days notice, if 
Western determines that (1) the customer is not using this power to 
serve its own loads, except as otherwise specified in Section III of 
the Marketing Plan or (2) the allocation amounts are consistently 
greater than the customer's maximum peak load.
    12. Any power not under contract may be allocated at any time at 
Western's sole discretion or sold as deemed appropriate by Western.
    13. Contracts may include a clause providing for alternative 
funding arrangements including net billing, bill crediting, 
reimbursable financing, and advance payment.
    Call for 2015 Resource Pool Applications:

Applications for Power

    This Federal Register notice formally requests applications from 
qualified preference entities wishing to purchase power from SNR. An 
application is made by submitting the APD form so Western will have a 
uniform basis upon which to evaluate the applications. To be 
considered, applicants must submit a completed APD application form by 
the deadline specified in the Dates section above. To ensure full 
consideration is given to all applicants, Western will not consider 
requests for power or applications submitted before publication of this 
Federal Register notice or after the deadlines specified in the Dates 
section.

Applicant Profile Data

    The APD form below is approved by the Office of Management and 
Budget under Control No. 1910-5136. APD forms are available on 
Western's web page at http://www.wapa.gov/sn/marketing/2015ResourcePool.asp or by request to the person listed in the FOR 
FURTHER INFORMATION CONTACT section above. Applicants are encouraged to 
use the APD form provided on the Web site.
    Please provide all information requested on the APD form. Please 
indicate if the requested information is not applicable or available. 
Western will request, in writing, additional information from any 
applicant whose application is deficient. The applicant will have 10 
business days from the postmark date on Western's request to provide 
the information. In the event an applicant fails to provide sufficient 
information to allow Western to make a determination regarding 
eligibility, the application will not be considered.
    All items of information in the APD form should be answered as if 
prepared by the entity/organization seeking the allocation of Federal 
power.

Applicant Profile Data Form

    1. Applicant Information. Please provide the following:
    a. Applicant's (entity/organization requesting an allocation) name 
and address:

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Applicant's Name:....................
Address:.............................
City:................................
State:...............................
Zip:.................................
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    b. Person(s) representing applicant:

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Contact Person (Name & Title):.......
Address:.............................
City:................................
State:...............................
Zip:.................................
Telephone:...........................
Fax:.................................
E-mail Address:......................
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    c. Type of entity/organization:
     [ballot] Federal Agency
     [ballot] Irrigation/Water District
     [ballot] Municipality
     [ballot] Native American Tribe
     [ballot] Public Utility District
     [ballot] Rural Electric Cooperative
     [ballot] State Agency
     [ballot] Other, please specify
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    d. Parent entity/organization of applicant, if any:
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    e. Name of the applicant's member organizations, if any: (Separated 
by commas)
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    f. Applicable law under which the applicant was established:
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    g. Applicant's geographic service area (if available, please submit 
a map of the service area and indicate the date prepared):
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    h. Provide the date the applicant attained utility status, if 
applicable. 10 CFR 905.35 defines utility status to mean ``that the 
entity has responsibility to meet load growth, has a distribution 
system, and is ready, willing, and able to purchase power from Western 
on a wholesale basis for resale to retail customers.'':
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    i. Describe the entity/organization that will interact with Western 
on contract and billing matters:
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    2. Applicant's Loads:
    a. If applicable, provide the number and type of customers served 
(e.g., residential, commercial, industrial, military base, 
agricultural):

[[Page 26674]]



                                                                Customer Type and Number
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                                      Residential         Commercial          Industrial           Military           Agriculture            Other
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Number of customers.............
If not applicable, explain why:
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    b. Provide the actual monthly maximum demand (kilowatts) and energy 
use (kilowatt-hours) experienced in calendar year 2008:

                                                                   Calendar Year 2008
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                                        January            February              March               April                May                June
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Demand (kilowatts)..............
Energy (kilowatt-hours).........
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                                         July               August             September            October            November            December
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Demand (kilowatts)..............
Energy (kilowatt-hours).........
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    c. Describe any factors or conditions which may significantly 
change peak demands or load duration or profile curves in the next 5 
years:
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    3. Applicant's Resources. Please provide the following information:
    a. A list of current power supplies, if applicable, including the 
applicant's own generation as well as purchases from others. For each 
supply, provide the resource name, capacity supplied, and the 
resource's location:
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    b. For each power supplier, provide a description and status of the 
power supply contract (including the termination date):
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    c. For each power supplier, provide the types of power:
     [ballot] Power supply is on a firm basis.
     [ballot] Power supply is not on a firm basis. Please explain:
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    4. Transmission:
    a. Points of delivery--Provide the requested point(s) of delivery 
on Western's transmission system (or a third party's transmission 
system), the voltage of service required, and the capacity desired, if 
applicable:
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    b. Transmission arrangements--Describe the transmission 
arrangements necessary to deliver firm power to the requested points of 
delivery. Include a brief description of the applicant's transmission 
and distribution system including major interconnections. Provide a 
single-line drawing of applicant's system if one is available:
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    c. Describe whether the applicant owns and operates its own 
electric utility system or applicant's ability to receive and use 
Federal power as of January 1, 2014:
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    5. Other Information:
    The applicant may provide any other information pertinent to 
receiving an allocation:
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    6. Signature:
    By signing below, I certify the information which I have provided 
is true and correct to the best of my information, knowledge and 
belief. Electronically submitted applications must contain an 
electronic signature, or in the alternative, the signature page with a 
signature should be mailed via the U.S. Postal Service or mailed 
electronically to [email protected].
    Western requires the signature and title of an appropriate official 
who is able to attest to the validity of the APD and who is authorized 
to submit the request for an allocation.

Signature--------------------------------------------------------------
Title------------------------------------------------------------------

    Western has obtained Office of Management and Budget Clearance 
Number 1910-5136 for collection of the above information. The APD form 
must be signed by the appropriate official who is able to attest to the 
validity of the information submitted and who is authorized to submit 
the application.

Contracting Process

    Western will begin the contracting process with the allottees after 
publishing the final allocations in the Federal Register, tentatively 
scheduled for August 2010. Western will offer a prototype contract for 
power allocated under the Final 2015 Resource Pool Allocations. 
Allottees will be required to execute a contract within 6 months of the 
contract offer. Electric service contracts will be effective upon 
Western's signature, and service will begin on January 1, 2015.

Recordkeeping Requirements

    If Western accepts an application and the applicant receives an 
allocation of Federal power, the applicant must keep all APDs for a 
period of 3 years after signing a contract for Federal power. There is 
no recordkeeping requirement for unsuccessful applicants who do not 
receive an allocation of Federal power.

Authorities

    SNR's 2004 Power Marketing Plan, published in the Federal Register 
(64 FR 34417) on June 25, 1999, was established pursuant to the 
Department of Energy Organization Act (42 U.S.C. 7101-7352); the 
Reclamation Act of June 17, 1902 (ch. 1093, 32 Stat. 388) as amended 
and supplemented by subsequent enactments, particularly section 9(c) of 
the Reclamation Project Act of 1939 (43 U.S.C. 485(c)); and other acts 
specifically applicable to the projects involved. This action falls 
within the Marketing Plan and, thus, is covered by the same authority.
    Regulatory Procedure Requirements:

Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321, et seq.), Council on Environmental Quality NEPA 
implementing regulations (40 CFR parts 1500-1508), and DOE NEPA

[[Page 26675]]

implementing regulations (10 CFR part 1021), Western completed an 
Environmental Impact Statement (EIS) on its Energy Planning and 
Management Program. The Record of Decision was published in the Federal 
Register (60 FR 53181, October 12, 1995). Western also completed the 
2004 Power Marketing Program EIS (2004 EIS), and the Record of Decision 
was published in the Federal Register (62 FR 22934, April 28, 1997). 
The Marketing Plan falls within the range of alternatives considered in 
the 2004 EIS. This NEPA review identified and analyzed environmental 
effects related to the Marketing Plan. This action falls within the 
Marketing Plan and, thus, is covered by the 2004 EIS.

Review Under the Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501, et seq.), Western has received approval from the Office of 
Management and Budget for the collection of customer information in 
this rule, under control number 1910-5136, which expires on September 
30, 2011.

Determination Under Executive Order 12866

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

    Dated: May 15, 2009.
Timothy J. Meeks,
Administrator.
[FR Doc. E9-12919 Filed 6-2-09; 8:45 am]
BILLING CODE 6450-01-P