[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65681-65682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26685]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Boulder Canyon Project--Post-2017 Resource Pool

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of proposed marketing criteria.

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SUMMARY: The Western Area Power Administration (Western), a Federal 
power marketing agency of the Department of Energy (DOE), is seeking 
comments on proposed marketing criteria for allocating the Federal 
power from the Boulder Canyon Project (BCP). The Conformed Power 
Marketing Criteria or Regulations for the Boulder Canyon Project (2012 
Conformed Criteria) published in the Federal Register on June 14, 2012, 
as required by the Hoover Power Allocation Act of 2011, established a 
resource pool (Post-2017 Resource Pool) to be allocated to new 
allottees and general eligibility criteria. Western is proposing for 
comment additional marketing criteria to be used to allocate the Post-
2017 Resource Pool that will become available October 1, 2017. Once 
determined, these marketing criteria, in conjunction with the 2012 
Conformed Criteria, will establish the framework for allocating power 
from the Post-2017 Resource Pool. This Federal Register notice (FRN) is 
not a call for applications. A call for applications from those 
interested in an allocation of BCP power will occur in a future notice.

DATES: Entities interested in commenting on proposed marketing criteria 
must submit written comments to Western's Desert Southwest Customer 
Service Regional Office at the address below. Western will accept 
written comments received on or before January 11, 2013. Western 
reserves the right to not consider any comments received after this 
date.
    Western will hold three public information forums on the proposed 
marketing criteria. The dates for the public information forums are:
    1. November 27, 2012, 1 p.m., PST, Las Vegas, Nevada.
    2. November 28, 2012, 1 p.m., MST, Phoenix, Arizona.
    3. November 29, 2012, 10 a.m., PST, Ontario, California.
    Following the public information forums, Western will hold three 
public comment forums. The dates for the public comment forums are:
    1. December 18, 2012, 1 p.m., PST, Las Vegas, Nevada.
    2. December 19, 2012, 10 a.m., PST, Ontario, California.
    3. December 20, 2012, 10 a.m., MST, Phoenix, Arizona.

ADDRESSES: Written comments regarding these proposed marketing criteria 
should be sent to: Mr. Darrick Moe, Desert Southwest Regional Manager, 
Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-
6457. Comments may also be faxed to (602) 605-2490 or emailed to 
[email protected].
    The public information and public comment forums will be held at: 
The New Las Vegas Tropicana, 3801 Las Vegas Boulevard South, Las Vegas, 
Nevada; Fiesta Resort Conference Center, 2100 S. Priest Drive, Tempe, 
Arizona; DoubleTree Ontario Airport, 222 N. Vineyard, Ontario, 
California.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Simonton, Public Utilities 
Specialist, Desert Southwest Region, Western Area Power Administration, 
P.O. Box 6457, Phoenix, AZ 85005-6457, telephone number (602) 605-2675, 
email [email protected]. All comments received in response to this 
FRN will be posted to Western's Web site at http://www.wapa.gov/dsw/pwrmkt.

SUPPLEMENTARY INFORMATION: The BCP was authorized by the Boulder Canyon 
Project Act of 1928 (Act) (43 U.S.C. 617). Under Section 5 of the Act, 
the Secretary of the Interior marketed the capacity and energy from the 
BCP under electric service contracts effective through May 31, 1987. In 
1977 the power marketing functions of the Secretary of Interior were 
transferred to Western by Section 302 of the Department of Energy 
Organization Act (42 U.S.C. 7152). Thereafter, on December 28, 1984, 
Western published the Conformed General Consolidated Criteria or 
Regulations for Boulder City Area Projects (1984 Conformed Criteria) 
(49 FR 50582) to implement applicable provisions of the Hoover Power 
Plant Act of 1984 (43 U.S.C. 619) for the marketing of BCP power 
through September 30, 2017.
    On December 20, 2011, Congress enacted the Hoover Power Allocation 
Act of 2011 (Pub. L. 112-72) (HPAA), which provides direction and 
guidance in marketing BCP power after the existing contracts expire 
September 30, 2017. On June 14, 2012, Western published the 2012 
Conformed Criteria (77 FR 35671) to implement applicable provisions of 
the HPAA for the marketing of BCP power from October 1, 2017 through 
September 30, 2067. The 2012 Conformed Criteria formally established a 
resource pool defined as ``Schedule D'' to be allocated to new 
allottees. In accordance with the HPAA, Western allocated portions of 
Schedule D to the Arizona Power Authority (APA) and the Colorado River 
Commission of Nevada (CRC), respectively, as described in the June 14, 
2012, FRN. Of the remaining portions of Schedule D, Western is to 
allocate 11,510 kilowatts (kW) of contingent capacity and associated 
firm energy to new allottees within the State of California, and 69,170 
kW of contingent capacity and associated firm energy to new allottees 
within the Boulder City Area marketing area.

 Proposed Post-2017 Resource Pool Marketing Criteria

    Western proposes to apply the following general marketing criteria 
to applicants seeking an allocation of power from the Post-2017 
Resource Pool. This includes all prescribed portions of Schedule D 
power to be allocated by Western as described above.
    A. Allocations of power will be made in amounts determined solely 
by Western in exercise of its discretion under Reclamation Law, 
including the HPAA.
    B. An allottee may purchase power only upon the execution of an 
electric service contract and satisfaction of all conditions stated 
within that contract.
    C. Eligible applicants, except Native American tribes, must be 
ready, willing, and able to receive and distribute or use power from 
Western. Ready, willing, and able means the eligible applicant has the 
facilities needed for the receipt of power or has made the necessary 
arrangements for transmission and/or distribution service, and its 
power supply contracts with third parties permit the delivery of 
Western's power. Eligible applicants must have the necessary 
arrangements for transmission and/or distribution service in place by 
October 1, 2016.
    D. An eligible Native American applicant must be an Indian tribe as 
defined in the Indian Self Determination Act of 1975, 25 U.S.C. 450b, 
as amended.
    E. In determining allocations, Western will give priority 
consideration in the following order to entities satisfying these 
marketing criteria:
    1. Federally recognized Native American tribes.

[[Page 65682]]

    2. Municipal corporations and political subdivisions including 
irrigation or other districts, municipalities, and other governmental 
organizations; that have electric utility status by April 1, 2014. 
``Electric utility status'' means that the entity has responsibility to 
meet load growth, has a distribution system, and is ready, willing, and 
able to purchase Federal power from Western on a wholesale basis.
    3. Electric cooperatives and public utilities other than electric 
utilities that are recognized as utilities by their applicable legal 
authorities, are nonprofit in nature, have electrical facilities, and 
are independently governed and financed.
    4. Other eligible applicants.
    F. In determining allocations, Western will consider existing 
Federal power resource allocations of the applicants.
    G. Western will base allocations to Native American tribes on 
actual loads experienced in the most recent calendar year. Western may 
use estimated load values if actual load data is not available. Western 
will evaluate and may adjust inconsistent estimates during the 
allocation process. Western is available to assist tribes in developing 
load estimates.
    H. Western will base allocations to eligible applicants on the 
actual loads experienced in the most recent calendar year and will 
apply current marketing criteria to these loads.
    I. The minimum allocation will be 1,000 kW. Applicants will be 
allowed to aggregate their loads to meet minimum requirements provided 
Western is able to schedule power deliveries in quantities of 1,000 kW 
or greater to the aggregated group. Western will consider making 
allocations under the 1,000 kW minimum conditioned upon an applicant's 
ability to aggregate to 1,000 kW or greater for scheduling purposes 
prior to final allocation determinations.
    J. Applicants seeking an allocation as an aggregated group must 
demonstrate to Western's satisfaction the existence of a contractual 
aggregation arrangement prior to final allocation determinations. Each 
member of an aggregated group must meet all eligibility requirements.
    K. Contractors must execute electric service contracts within six 
months of receiving a contract offer from Western, unless Western 
agrees otherwise in writing.
    L. If unanticipated obstacles to the delivery of electric service 
to a Native American tribe arise, Western retains the right to provide 
the economic benefit of the resource directly to the tribe.

Regulatory Procedure Requirements

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.

Environmental Compliance

    In accordance with the DOE National Environmental Policy Act 
Implementing Procedures (10 CFR part 1021), Western has determined that 
these actions fit within a class of action B4.1 Contracts, policies, 
and marketing and allocation plans for electric power, in Appendix B to 
Subpart D to Part 1021--Categorical Exclusions Applicable to Specific 
Agency Actions.

    Dated: October 22, 2012.
Anita J. Decker,
Acting Administrator.
[FR Doc. 2012-26685 Filed 10-29-12; 8:45 am]
BILLING CODE 6450-01-P