[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Notices]
[Pages 20688-20689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08192]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Loveland Area Projects and Western Area Colorado Missouri 
Balancing Authority--Rate Order No. WAPA-197

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of proposed transmission, energy and generator 
imbalance, and losses formula rates for use under the Western Energy 
Imbalance Service (WEIS) Market.

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SUMMARY: The Rocky Mountain Region (RMR) of the Western Area Power 
Administration (WAPA) proposes to convert its existing rates for short-
term sales for RMR to use under the WEIS Market to new long-term 
formula rates for use October 1, 2021, through September 30, 2024. The 
existing formula rates (approved under the WAPA Administrator's short-
term rate authority) expire on September 30, 2021. No changes are being 
proposed to the existing formula rates under the rates for short-term 
sales Rate Schedules L-NFJDT (joint dispatch transmission), L-AS4 
(energy imbalance), L-AS9 (generator imbalance), and L-AS7 (balancing 
authority real power losses).

DATES: A consultation and comment period will begin April 21, 2021 and 
end May 21, 2021. RMR will accept written comments at any time during 
the 30-day consultation and comment period.

ADDRESSES: Written comments and requests to be informed of Federal 
Energy Regulatory Commission (FERC) actions concerning the proposed 
formula rates submitted by WAPA to FERC for approval should be sent to: 
Mr. Timothy A. Vigil, Acting Regional Manager, Rocky Mountain Region, 
Western Area Power Administration, 5555 East Crossroads Boulevard, 
Loveland, CO 80538-8986, or email: [email protected]. RMR will post 
information about the proposed formula rates and written comments 
received to its website at: https://www.wapa.gov/regions/RM/rates/
Pages/2021-Long-Term-Rates_-WEIS-Market.aspx.

FOR FURTHER INFORMATION CONTACT: Mrs. Sheila D. Cook, Rates Manager, 
Rocky Mountain Region, Western Area Power Administration, (970) 685-
9562 or email: [email protected].

SUPPLEMENTARY INFORMATION: On March 9, 2017, FERC approved and 
confirmed LAP transmission and LAP, WACM, and Colorado River Storage 
Project ancillary services formula rates under Rate Schedules L-NT1 
(network), L-FPT1 (firm point-to-point), L-NFPT1 (non-firm point-to-
point), L-UU1 (unreserved use), L-AS1 (scheduling and dispatch), L-AS2 
(reactive supply and voltage control (VAR) support), L-AS3 
(regulation), L-AS4 (energy imbalance), L-AS5 (spinning reserves), L-
AS6 (supplemental reserves), L-AS7 (transmission losses), and L-AS9 
(generator imbalance) under Rate Order No. WAPA-174 for a 5-year period 
through September 30, 2021.\1\ On December 29, 2020, WAPA's 
Administrator approved rates for short-term sales for RMR to use under 
the WEIS Market, which superseded the previously approved Rate 
Schedules L-AS4 (energy imbalance), L-AS9 (generator imbalance), and L-
AS7 (transmission losses) and which created a new Rate Schedule, L-
NFJDT (joint dispatch transmission), for the 8-month period February 1, 
2021, through September 30, 2021.
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    \1\ Order Confirming and Approving Rate Schedules on a Final 
Basis, FERC Docket Nos. EF16-5-000 and EF16-5-001, 158 FERC ] 62,181 
(2017).
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    The existing formula rates under the rates for short-term sales 
provide sufficient revenue to recover annual costs within the cost 
recovery criteria set forth in Department of Energy (DOE) Order RA 
6120.2. RMR proposes that the long-term formula-based rates would take 
effect October 1, 2021. The proposed formula rates would remain in 
effect until September 30, 2024, or until WAPA changes the formula 
rates through another public rate process pursuant to 10 CFR part 903, 
whichever occurs first. For more information on the proposed rates, 
please see the customer brochure located on RMR's website at: https://
www.wapa.gov/regions/RM/rates/Pages/2021-Long-Term-Rates_-WEIS-
Market.aspx.
    Under a separate rate extension process, Rate Order No. WAPA-196, 
RMR is concurrently proposing to extend the remaining 5-year formula 
rates under Rate Schedules L-NT1 (network), L-FPT1 (firm point-to-
point), L-NFPT1 (non-firm point-to-point), L-UU1 (unreserved use), L-
AS1 (scheduling and dispatch), L-AS2 (VAR support), L-AS3 (regulation), 
L-AS5 (spinning reserves), and L-AS6 (supplemental reserves) for this 
same 3-year period, October 1, 2021, through September 30, 2024.
    This 3-year period would allow RMR time to refine the WEIS Market 
implementation and investigate the potential expansion of and 
participation in the Southwest Power Pool (SPP) Regional Transmission 
Organization (RTO) in the Western Interconnection.

[[Page 20689]]

The potential expansion of the SPP RTO would have significant impacts 
on the above rate methodologies. Putting rates in place for the next 
three years would also allow time for RMR to evaluate what changes 
would need to be made to these rates before conducting a major rate 
adjustment process and putting all the necessary formula rates in place 
for a new 5-year period that would begin on October 1, 2024.

Legal Authority

    DOE's procedures for public participation in power and transmission 
rate adjustments (10 CFR part 903) were published in 1985 and 2019.\2\ 
The proposed action constitutes a minor rate adjustment, as defined by 
10 CFR 903.2(e). In accordance with 10 CFR 903.15(a) and 10 CFR 
903.16(a), WAPA has determined it is not necessary to hold public 
information and public comment forums for this rate action but is 
initiating a 30-day consultation and comment period to give the public 
an opportunity to comment on the proposed formula rates. RMR will 
review and consider all timely public comments at the conclusion of the 
consultation and comment period and will make amendments or adjustments 
to the proposal as appropriate. Proposed rates would then be approved 
on an interim basis.
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    \2\ 50 FR 37835 (Sept. 18, 1985) and 84 FR 5347 (Feb. 21, 2019).
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    WAPA is establishing the formula rates for LAP and WACM in 
accordance with section 302 of the DOE Organization Act (42 U.S.C. 
7152).\3\
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    \3\ This Act transferred to, and vested in, the Secretary of 
Energy the power marketing functions of the Secretary of the 
Department of the Interior and the Bureau of Reclamation 
(Reclamation) under 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 section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s); and other acts that specifically apply to the projects 
involved.
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    By Delegation Order No. 00-037.00B, effective November 19, 2016, 
the Secretary of Energy delegated: (1) The authority to develop power 
and transmission rates to WAPA's Administrator; (2) the authority to 
confirm, approve, and place such rates into effect on an interim basis 
to the Deputy Secretary of Energy; and (3) the authority to confirm, 
approve, and place into effect on a final basis, or to remand or 
disapprove such rates to FERC. By Delegation Order No. S1-DEL-S4-2021, 
effective February 25, 2021, the Acting Secretary of Energy also 
delegated the authority to confirm, approve, and place such rates into 
effect on an interim basis to the Under Secretary for Science (and 
Energy). By Redelegation Order No. 00-002.10E, effective February 14, 
2020, the Under Secretary of Energy (to whom such authority was 
delegated by the Secretary of Energy in Delegation Order No. 00-002.00S 
from January 15, 2020, until that delegation was rescinded on February 
25, 2021) redelegated the authority to confirm, approve, and place such 
rates into effect on an interim basis to the Assistant Secretary for 
Electricity. By Redelegation Order No. 00-002.10-05, effective July 8, 
2020, the Assistant Secretary for Electricity further redelegated the 
authority to confirm, approve, and place such rates into effect on an 
interim basis to WAPA's Administrator. The delegations and 
redelegations not affirmatively rescinded remain valid.

Availability of Information

    All brochures, studies, comments, letters, memorandums, or other 
documents that RMR initiates or uses to develop the proposed formula 
rates are available for inspection and copying at the Rocky Mountain 
Region, located at 5555 East Crossroads Boulevard, Loveland, Colorado. 
Many of these documents and supporting information are also available 
on WAPA's website at: https://www.wapa.gov/regions/RM/rates/Pages/2021-
Long-Term-Rates_-WEIS-Market.aspx.

Ratemaking Procedure Requirements

Environmental Compliance

    WAPA is in the process of determining whether an environmental 
assessment or an environmental impact statement should be prepared or 
if this action can be categorically excluded from those 
requirements.\4\
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    \4\ In compliance with the National Environmental Policy Act 
(NEPA) of 1969 (42 U.S.C. 4321-4347); the Council on Environmental 
Quality Regulations for implementing NEPA (40 CFR parts 1500-1508); 
and DOE NEPA Implementing Procedures and Guidelines (10 CFR part 
1021).
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Determination Under Executive Order 12866

    WAPA 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.

Signing Authority

    This document of the Department of Energy was signed on April 9, 
2021, by Tracey A. LeBeau, Interim Administrator, Western Area Power 
Administration, pursuant to delegated authority from the Secretary of 
Energy. That document, with the original signature and date, is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on April 16, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-08192 Filed 4-20-21; 8:45 am]
BILLING CODE 6450-01-P