[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48676-48678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18648]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Colorado River Storage Project Management Center--Rate Order No. 
WAPA-195

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of rate order concerning joint dispatch transmission 
service formula rate for use under the Western Energy Imbalance Service 
(WEIS) Market.

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SUMMARY: The formula rate for the Colorado River Storage Project 
Management Center (CRSP MC) of the Western Area Power Administration 
(WAPA) to use under the WEIS Market (Provisional Formula Rate) has been 
confirmed, approved, and placed into effect on an interim basis. This 
formula rate, approved under the WAPA Administrator's authority to 
establish rates for short term sales, expires on September 30, 2021. No 
changes were made to this formula rate for short-term sales under Rate 
Schedule SP-NFJDT (joint dispatch transmission service). CRSP MC has 
converted its existing rate for short-term sales for use under the WEIS 
Market to a long-term formula rate.

DATES: The Provisional Formula Rate under Rate Schedule SP-NFJDT (joint 
dispatch transmission service) is effective on the first day of the 
first full billing period beginning on or after October 1, 2021, and 
will remain in effect through September 30, 2024, pending confirmation 
and approval by the Federal Energy Regulatory Commission (FERC) on a 
final basis or until superseded.

FOR FURTHER INFORMATION CONTACT: Timothy A. Vigil, Colorado River 
Storage Project Management Center Manager, Western Area Power 
Administration, 1800 South Rio Grande Avenue, Montrose, CO 81401, 
email: [email protected], or Thomas J. Hackett, Rates Manager, 
Colorado River Storage Project Management Center, Western Area Power 
Administration, (801) 524-5503, email: [email protected].

SUPPLEMENTARY INFORMATION: On December 29, 2020, WAPA's Administrator 
approved the rate for short-term sales for CRSP MC to use under the 
WEIS Market, which created a new Rate Schedule, SP-NFJDT (joint 
dispatch transmission service), for the 8-month period of February 1, 
2021, through September 30, 2021.
    WAPA published a Federal Register notice (Proposed FRN) on April 
23, 2021 (86 FR 21726), proposing to convert the rate for short-term 
sales for CRSP MC to use under the WEIS Market to a long-term formula 
rate for use October 1, 2021, through September 30, 2026. The Proposed 
FRN also initiated a 30-day public consultation and comment period. The 
Proposed FRN stated a term of 5 years for the long-term formula rate, 
but, as discussed in Rate Order No. WAPA-195, WAPA has determined that 
a 3-year term would be more appropriate, making the effective dates 
October 1, 2021, through September 30, 2024.

Legal Authority

    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 the WAPA 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 on a final basis, 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. S4-
DEL-OE1-2021, effective March 25, 2021, the Acting Under Secretary for 
Science (and Energy) 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 
delegated the authority to confirm, approve, and place such rates into 
effect on an interim basis to WAPA's Administrator. This redelegation 
order, despite predating the February 2021 and March 2021 delegations, 
remains valid. This rate action is issued under the Redelegation Order 
No. 00-002.10-05 and Department of Energy procedures for public 
participation in rate adjustments as set forth at 10 CFR part 903.\1\
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    \1\ 50 FR 37835 (Sept. 18, 1985) and 84 FR 5347 (Feb. 21, 2019).
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    Following review of CRSP MC's proposal, I hereby confirm, approve, 
and place Rate Order No. WAPA-195, which provides a formula rate for 
joint dispatch transmission service for use under the WEIS Market, into 
effect on an interim basis. WAPA will submit Rate Order No. WAPA-195 to 
FERC for

[[Page 48677]]

confirmation and approval on a final basis.

DEPARTMENT OF ENERGY

ADMINISTRATOR, WESTERN AREA POWER ADMINISTRATION

In the Matter of: Western Area Power Administration, Colorado River 
Storage Project Management Center, Rate Adjustment for Colorado River 
Storage Project, Joint Dispatch Transmission Service

Rate Order No. WAPA-195

Order Confirming, Approving, and Placing Formula Rate for the Colorado 
River Storage Project Into Effect on an Interim Basis
    The formula rate in Rate Order No. WAPA-195 is established 
following section 302 of the Department of Energy (DOE) Organization 
Act (42 U.S.C. 7152).\2\
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    \2\ 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 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 the Western Area Power Administration's 
(WAPA) 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 on a final basis, 
remand, or disapprove such rates to the Federal Energy Regulatory 
Commission (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. S4-DEL-OE1-2021, effective March 25, 2021, the 
Acting Under Secretary for Science (and Energy) 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 delegated the authority to 
confirm, approve, and place such rates into effect on an interim basis 
to WAPA's Administrator. This redelegation order, despite predating the 
February 2021 and March 2021 delegations, remains valid. This rate 
action is issued under the Redelegation Order No. 00-002.10-05 and 
Department of Energy procedures for public participation in rate 
adjustments as set forth at 10 CFR part 903.\3\
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    \3\ 50 FR 37835 (Sept. 18, 1985) and 84 FR 5347 (Feb. 21, 2019).
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Acronyms, Terms, and Definitions

    As used in this Rate Order, the following acronyms, terms, and 
definitions apply:
    $/MWh: Dollars per megawatt-hour.
    Customer Rate Brochure: Document that further explains the rate 
methodologies under Rate Order No. WAPA-195.
    CRCM: The North American Electric Reliability Corporation (NERC)-
registered Joint Dispatch Transmission Service Provider for WAPA's 
Colorado River Storage Project Management Center (CRSP MC) transmission 
facilities included in the Transmission System within the Western 
Energy Imbalance Service (WEIS) Market Footprint.
    Fiscal Year: October 1 to September 30.
    NEPA: National Environmental Policy Act of 1969, as amended.
    Provisional Formula Rate: Formula rate confirmed, approved, and 
placed into effect on an interim basis by the Secretary or their 
designee.
    Transmission System: The facilities owned, controlled, or operated 
by the CRSP MC that are used to provide transmission service.
    WEIS Market Footprint: The loads and WEIS Market Resources that are 
located within the Balancing Authority Areas participating in the WEIS 
Market under the WEIS Tariff. The WEIS Market is the market for 
imbalance energy administered by Southwest Power Pool in the Western 
Interconnection.

Effective Date

    The Provisional Formula Rate Schedule SP-NFJDT (joint dispatch 
transmission service) will take effect on the first day of the first 
full billing period beginning on or after October 1, 2021, and will 
remain in effect through September 30, 2024, pending approval by FERC 
on a final basis or until superseded.

Public Notice and Comment

    CRSP MC followed the Procedures for Public Participation in Power 
and Transmission Rate Adjustments and Extensions, 10 CFR part 903, in 
developing this formula rate. Following are the steps CRSP MC took to 
involve interested parties in the rate process:
    1. On April 23, 2021, a Federal Register notice (86 FR 21726) 
(Proposal FRN) announced the proposed formula rate and launched a 30-
day public consultation and comment period.
    2. On April 23, 2021, the CRSP MC notified CRSP MC Customers and 
interested parties of the proposed rate and provided a copy of the 
published Proposal FRN.
    3. CRSP MC provided a website that contains all dates, customer 
letters, presentations, FRNs, Customer Rate Brochure, and other 
information about this rate process. The website is located at: https://www.wapa.gov/regions/CRSP/rates/Pages/CRSP-WEIS.aspx.
    4. During the 30-day consultation and comment period, which ended 
on May 24, 2021, CRSP MC received one written comment letter. The 
comments and CRSP MC's responses are addressed below. All comments have 
been considered in preparation of this Rate Order.
    Written comments were received from the following organization:
    Colorado River Energy Distributors Association, Arizona.

Joint Dispatch Transmission Service

    CRSP MC converted its rate for short-term sales for use under the 
WEIS Market to a long-term formula rate. The rate schedule did not 
change in the process. The formula rate is designed to recover the 
annual costs of providing the service, as applicable, on an annual 
basis effective October 1 of each fiscal year.
    For further details and explanations regarding this service, please 
see the final version of the Customer Rate Brochure dated July 26, 
2021, located at: https://www.wapa.gov/regions/CRSP/rates/Pages/CRSP-WEIS.aspx.

Comments

    The CRSP MC received one written comment letter during the public 
consultation and comment period. The comments expressed have been 
paraphrased, where appropriate, without compromising the meaning of the 
comments.
    A. Comment: Commenter asked the CRSP MC to consider a 3-year term 
to run concurrently with the Rocky Mountain Region's (RMR) rates for 
participation in the WEIS Market. RMR sought a 3-year term to give 
``RMR time to refine the WEIS Market implementation and investigate the 
potential expansion of and participation in the Southwest Power Pool 
Regional Transmission Organization.''
    Response: CRSP MC agrees with the commenter's rationale and will 
also use the 3-year term for the same reason.
    B. Comment: Commenter recommended terminology should be

[[Page 48678]]

described or defined to allow the Rate Schedule to stand on its own and 
to consider defining ``CRCM,'' ``Transmission System,'' and ``WEIS 
Market Footprint.''
    Response: All terms were added to the Acronyms, Terms, and 
Definitions section above.
    C. Comment: Commenter asked where specific description of the 
Transmission System and WEIS Market Footprint can be found.
    Response: CRSP MC has made edits to the final version of the 
Customer Rate Brochure to coincide with the suggestions. Additionally, 
Attachment R to WAPA's Open Access Transmission Tariff (OATT) contains 
provisions for the WEIS Market.

Certification of Rates

    I certified that the Provisional Formula Rate for CRSP MC under 
Rate Schedule SP-NFJDT (joint dispatch transmission service) is the 
lowest possible rate, consistent with sound business principles. The 
Provisional Formula Rate was developed following administrative 
policies and applicable laws.

Availability of Information

    Information about this rate adjustment, including the customer rate 
brochure, comments, letters, memorandums, and other supporting 
materials that were used to develop the Provisional Formula Rate, is 
available for inspection and copying at the Colorado River Storage 
Project Management Center Office, 1800 South Rio Grande Avenue, 
Montrose, CO. Many of these documents are also available on WAPA's 
website at https://www.wapa.gov/regions/CRSP/rates/Pages/CRSP-WEIS.aspx.

Ratemaking Procedure Requirements

Environmental Compliance

    WAPA has determined that this action fits within the following 
categorical exclusions listed in appendix B to subpart D of 10 CFR 
1021.410: B4.3 (Electric power marketing rate changes) and B4.4 (Power 
marketing services and activities). Categorically excluded projects and 
activities do not require preparation of either an environmental impact 
statement or an environmental assessment.\4\ Specifically, WAPA has 
determined that this rulemaking is consistent with activities 
identified in part B4, Categorical Exclusions Applicable to Specific 
Agency Actions (see 10 CFR part 1021, appendix B to subpart D, part 
B4). A copy of the categorical exclusion determination is available on 
WAPA's website at: https://www.wapa.gov/regions/CRSP/environment/Pages/environment.aspx.
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    \4\ The determination was done in compliance with NEPA (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.

Submission to the Federal Energy Regulatory Commission

    The Provisional Formula Rate herein confirmed, approved, and placed 
into effect on an interim basis, together with supporting documents, 
will be submitted to FERC for confirmation and final approval.

Order

    In view of the above, and under the authority delegated to me, I 
hereby confirm, approve, and place into effect, on an interim basis, 
Rate Order No. WAPA-195. The rate will remain in effect on an interim 
basis until: (1) FERC confirms and approves it on a final basis; (2) a 
subsequent rate is confirmed and approved; or (3) such rate is 
superseded.

Signing Authority

    This document of the Department of Energy was signed on August 23, 
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 August 25, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Rate Schedule SP-NFJDT

SCHEDULE 8R to OATT Attachment

(Supersedes Rate Schedule SP-NFJDT dated February 1, 2021, through 
September 30, 2021)

United States Department of Energy

Western Area Power Administration

Colorado River Storage Project Management Center

Colorado River Storage Project

Joint Dispatch Transmission Service

(Approved Under Rate Order No. WAPA-195)

Effective

    The first day of the first full billing period beginning on or 
after October 1, 2021, and extending through September 30, 2024, or 
until superseded by another rate schedule, whichever occurs earlier.

Applicable

    This rate schedule applies to the Colorado River Storage Project 
(CRSP) as the Transmission Service Provider (TSP) when the Colorado 
River Storage Project Management Center is participating in the Western 
Energy Imbalance Service (WEIS) Market. The Joint Dispatch Transmission 
Service (JDTS) Customer shall compensate the CRSP TSP for JDTS 
commensurate with the receipt or delivery of energy dispatched for the 
JDTS Customer pursuant to the WEIS Tariff under the formula rate 
described herein.

Formula Rate

    Hourly delivery:

On-Peak Hours: the on-peak charge $0.00/MWh
Off-Peak Hours: the off-peak charge $0.00/MWh

[FR Doc. 2021-18648 Filed 8-30-21; 8:45 am]
BILLING CODE 6450-01-P