[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71317-71320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25374]


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DEPARTMENT OF ENERGY

Bonneville Power Administration

[BPA File No.: TC-24]


Proposed Modifications To Open Access Transmission Tariff; Public 
Hearing and Opportunities for Public Review and Comment

AGENCY: Bonneville Power Administration (Bonneville), Department of 
Energy (DOE).

ACTION:  Notice of public hearing and opportunity to review and 
comment.

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SUMMARY: Bonneville is initiating a proceeding pursuant to Bonneville's 
open access transmission tariff (Tariff) and the Federal Power Act to 
modify the non-rate terms and conditions for transmission, ancillary, 
and generator interconnection services in Bonneville's Tariff, to be 
effective on October 1, 2023. Bonneville has designated this proceeding 
Docket No. TC-24.

DATES: 
    Prehearing Conference: The TC-24 tariff proceeding will begin with 
a prehearing conference, which will be held via telephone on Friday, 
December 2, 2022.
    Intervention: Anyone intending to become a party to the TC-24 
tariff proceeding must file a petition to intervene on Bonneville's 
secure website. Petitions to intervene may be filed beginning on the 
date of publication of this Notice and are due no later than 4:30 p.m. 
on Monday, December 5, 2022.

ADDRESSES: Interested parties may obtain call-in information by 
accessing Bonneville's TC-24 tariff proceeding web page at https://www.bpa.gov/goto/tc24 or by contacting the Hearing Clerk at 
[email protected]. The TC-24 prehearing conference will begin 
immediately following the conclusion of the prehearing conference for 
Bonneville's BP-24 Power and Transmission Rate Proceeding, which begins 
at 10:00 a.m.
    Participant Comments: Written comments by non-party participants 
must be received by Friday, December 9, 2022 to be considered in the 
Hearing Officer's recommended decision and the Administrator's Record 
of Decision (ROD).
    Part III of this notice, ``Public Participation in TC-24,'' 
provides details on requesting access to the secure website, filing a 
petition to intervene, and submitting participant comments.

FOR FURTHER INFORMATION CONTACT: Ms. Elissa Haley, DKS-7, BPA 
Communications, Bonneville Power Administration, P.O. Box 3621, 
Portland, Oregon 97208; by phone toll-free at 1-800-622-4519; or by 
email to [email protected].
    The Hearing Clerk for this proceeding can be reached via email at 
[email protected] or via telephone at (503) 479-8506.
    Please direct questions regarding Bonneville's secure website to 
the Rate Hearing Coordinator via email at [email protected] or, if the 
question is time-sensitive, via telephone at (503) 230-5107.
    Responsible Official: Rebecca Fredrickson, Manager of Transmission 
Rates, Tariff, Regulatory and Compliance, is the official responsible 
for the development of Bonneville's open access transmission tariff.

SUPPLEMENTARY INFORMATION:

Table of Contents

Part I. Introduction and Procedural Matters
Part II. Scope of TC-24 Terms and Conditions Proceeding
Part III. Public Participation in TC-24
Part IV. Summary of Proposed Modifications to Bonneville's Tariff
Part V. Proposed Tariff

Part I--Introduction and Procedural Matters

A. Introduction

    The Bonneville Project Act of 1937, as reaffirmed in the Pacific 
Northwest Electric Power Planning and Conservation Act, grants the 
Bonneville Administrator broad authority to enter into contracts upon 
such terms and conditions and in such manner as the Administrator may 
deem necessary. Bonneville's Tariff provides the generally applicable 
terms and conditions for transmission service across the Federal 
Columbia River Transmission System (FCRTS). Section 9 of the Tariff 
provides that the Bonneville Administrator may use the procedures set 
forth in section 212(i)(2)(A) of the Federal Power Act to establish and 
modify non-rate terms and conditions of the Tariff. Section 
212(i)(2)(A) of the Federal Power Act provide procedures the 
Administrator may use to establish and modify terms and conditions of 
general applicability for transmission service across the FCRTS. The 
section 212(i)(2)(A) procedures include giving notice in the Federal 
Register and conducting a hearing that adheres to the procedural 
requirements of paragraphs (1) through (3) of Section 7(i) of the 
Northwest Power Act, 16 U.S.C. 839e(i) (the same procedures Bonneville 
uses to set rates). In accordance with these procedures, the Hearing 
Officer conducts one or more hearings as expeditiously as practicable 
to develop a full and complete record. Unless the Hearing Officer 
becomes unavailable to Bonneville, upon conclusion of the hearing, the 
Hearing Officer shall make a recommended decision to the Administrator, 
and the Administrator then makes a separate and final determination to 
establish or modify the Tariff terms and conditions (discussed further 
in Part III, Section C of this notice).
    Bonneville's Rules of Procedure govern the TC-24 tariff 
proceedings. The rules are posted on Bonneville's website at https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/rules-of-procedure-revision-process.

B. Proposed Settlement for Modifications to the Tariff

    Since early August, Bonneville engaged its transmission and 
interconnection customers in an attempt to reach settlement of the 
modifications to the Tariff for the TC-24 proceeding. These discussions 
have resulted in the TC-24 Settlement Agreement. Bonneville is 
proposing to adopt the

[[Page 71318]]

TC-24 Settlement Agreement in the TC-24 proceeding. A summary of 
Bonneville's proposed Tariff modifications is provided in Part IV of 
this notice. A link to the full settlement is provided in Part V.
    The TC-24 Settlement Agreement calls for Bonneville to file a 
motion with the Hearing Officer to establish a deadline for parties to 
either object to the proposed settlement or waive the right to contest 
the settlement. If no parties object to the settlement by the deadline 
set by the Hearing Officer, Bonneville's motion would request the 
Hearing Officer to issue a decision recommending the Administrator 
adopt the TC-24 Settlement Agreement. Bonneville intends to file its 
motion soon after the TC-24 prehearing conference.
    If a party objects to the TC-24 Settlement Agreement, Bonneville 
will notify all parties and decide how to proceed with respect to the 
Tariff modifications in the initial proposal.

C. Proposed Procedural Schedule

    A proposed schedule for the proceeding is provided below and is 
based on an outcome in which Bonneville's proposed Tariff is settled. 
The official schedule will be established by the Hearing Officer and 
may be amended by the Hearing Officer as needed during the proceeding.

Prehearing Conference--December 2, 2022
BPA Files Initial Proposal--December 2, 2022
Deadline for Petitions to Intervene--December 5, 2022
Deadline for Objections to Settlement Agreement--December 9, 2022
Close of Participant Comments--December 9, 2022
Hearing Officer's Recommended Decision Issued--January 13, 2023
Final ROD--February 9, 2023

D. Ex Parte Communications

    Section 1010.5 of the Rules of Procedure prohibits ex parte 
communications. Ex parte communications include any oral or written 
communication (1) relevant to the merits of any issue in the 
proceeding; (2) that is not on the record; and (3) with respect to 
which reasonable prior notice has not been given. The ex parte rule 
applies to communications with all Bonneville and DOE employees and 
contractors, the Hearing Officer, and the Hearing Clerk during the 
proceeding. Except as provided, any communications with persons covered 
by the rule regarding the merits of any issue in the proceeding by 
other Executive Branch agencies, Congress, existing or potential 
Bonneville customers, nonprofit or public interest groups, or any other 
non-DOE parties are prohibited. The rule explicitly excludes and does 
not prohibit communications (1) relating to matters of procedure; (2) 
otherwise authorized by law or the Rules of Procedure; (3) from or to 
the Federal Energy Regulatory Commission (Commission); (4) which all 
litigants agree may be made on an ex parte basis; (5) in the ordinary 
course of business, about information required to be exchanged under 
contracts, or in information responding to a Freedom of Information Act 
request; (6) between the Hearing Officer and Hearing Clerk; (7) in 
meetings for which prior notice has been given; or (8) otherwise 
specified in Section 1010.5(b) of the Rules of Procedure. The ex parte 
rule remains in effect until the Administrator's Final ROD is issued.

Part II--Scope of the TC-24 Tariff Proceeding

    The TC-24 tariff proceeding is a proceeding for the adoption of 
modifications to the non-rate terms and conditions in Bonneville's 
Tariff. This section provides guidance to the Hearing Officer regarding 
the specific issues that are outside the scope of the TC-24 tariff 
proceeding. In addition to the issues specifically listed below, any 
other issue that is not a Tariff term or condition issue is outside the 
scope of this proceeding.
    Bonneville may revise the scope of the proceeding to include new 
issues that arise as a result of circumstances or events occurring 
outside the proceeding that are substantially related to the Tariff 
terms and conditions under consideration in the proceeding. See Rules 
of Procedure section 1010.4(b)(8)(iii), (iv). If Bonneville revises the 
scope of the proceeding to include new issues, Bonneville will provide 
public notice on its website, present testimony or other information 
regarding such issues, and provide a reasonable opportunity to 
intervene and respond to Bonneville's testimony or other information. 
Id.

A. Business Practices

    Bonneville's business practices provide implementation details for 
the Tariff and are outside the scope of the TC-24 tariff proceeding. 
Bonneville's decisions regarding the business practices are determined 
in other forums and follow the procedures in Bonneville's Business 
Practice Process. If business practices are developed for the proposed 
terms and conditions in this proceeding, such development will occur 
outside the terms and conditions proceeding. Pursuant to section 
1010.4(b)(8) of the Rules of Procedure, the Administrator directs the 
Hearing Officer to exclude from the record all argument, testimony, or 
other evidence that proposes or challenges Bonneville's current and 
future business practices.

B. Customer-Specific Contracts and Disputes

    Contracts and contract disputes between Bonneville and its 
customers are outside the scope of the TC-24 tariff proceeding. 
Pursuant to section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence related to contracts and 
contract disputes of Bonneville customers.

C. Oversupply Management Protocol

    The Oversupply Management Protocol (Tariff Attachment P) includes 
the Tariff requirements and procedures used to moderate total dissolved 
gas levels in the Columbia River to protect endangered fish and other 
aquatic species. Bonneville does not propose to modify the terms of the 
Oversupply Management Protocol in the TC-24 tariff proceeding. Pursuant 
to section 1010.4(b)(8) of the Rules of Procedure, the Administrator 
directs the Hearing Officer to exclude from the record all argument, 
testimony, or other evidence related to the terms of the Oversupply 
Management Protocol (Tariff Attachment P), including whether the 
Oversupply Management Protocol complies with orders of the Commission; 
whether Bonneville took all actions to avoid using the Oversupply 
Management Protocol, including the payment of negative prices to 
generators outside of Bonneville's balancing authority area; and issues 
concerning the rates for recovering the costs of the Oversupply 
Management Protocol.

D. Program Cost Estimates

    Bonneville's projections of its program costs and spending levels 
are not determined in terms and conditions proceedings and are outside 
the scope of the TC-24 tariff proceeding. These projections are 
determined by Bonneville in other forums, such as the Integrated 
Program Review public process, with input from stakeholders. Pursuant 
to section 1010.4(b)(8) of the Rules of Procedure, the Administrator 
directs the Hearing Officer to exclude from the record all argument, 
testimony, or other evidence that challenges the appropriateness or 
reasonableness of the Administrator's decisions on costs and spending 
levels.

[[Page 71319]]

E. Rates

    Pursuant to Bonneville's statutes, it must set rates to recover 
costs associated with providing power and transmission services. In 
addition to and concurrent with this proceeding, Bonneville is holding 
a separate Power and Transmission Rate Adjustment hearing (the BP-24 
proceeding) regarding the proposed fiscal year 2024-2025 power and 
transmission, ancillary, and control area services rates, including the 
proposed BP-24 rates settlement agreement. Bonneville's decisions 
regarding rates are outside the scope of the TC-24 tariff proceeding. 
Bonneville is publishing a separate notice in the Federal Register 
regarding the BP-24 proceeding. Pursuant to section 1010.4(b)(8) of the 
Rules of Procedure, the Administrator directs the Hearing Officer to 
exclude from the record all argument, testimony, or other evidence 
related to rates, or that challenges the appropriateness or 
reasonableness of the Administrator's decisions on rates or seeks in 
any way to propose revisions to the rates, including rate schedules, 
rate schedule provisions, rate designs, rate methodologies, rate 
forecasts, interest expense and credit, Treasury repayment schedules, 
non-Federal debt repayment schedules, revenue financing, calculation of 
depreciation and amortization expense, forecasts of system replacements 
used in repayment studies, transmission acquisition expenses incurred 
by Power Services, generation acquisition expenses, minimum required 
net revenue, increase in, or the use of, financial reserves, and the 
costs of risk mitigation actions resulting from the expense and revenue 
uncertainties included in the risk analysis.

F. Proposed Settlement of the BP-24 Rate Proceeding, FY 2024-2025 
Average System Cost Process, and the FY 2022 Power Reserves 
Distribution Clause Process

    The proposed settlement of the BP-24 rate proceeding, FY 2024-2025 
Average System Cost Process, and the FY 2022 Power Reserves 
Distribution Clause Process is outside the scope of the TC-24 tariff 
proceeding. Pursuant to section 1010.4(b)(8) of the Rules of Procedure, 
the Administrator directs the Hearing Officer to exclude from the 
record all argument, testimony, or other evidence related to this 
proposed settlement.

Part III--Public Participation in TC-24

A. Distinguishing Between ``Participants'' and ``Parties''

    Bonneville distinguishes between ``participants in'' and ``parties 
to'' the TC-24 proceeding. Separate from the formal hearing process, 
Bonneville will receive written comments, views, opinions, and 
information from participants, who may submit comments without being 
subject to the duties of, or having the privileges of, parties. 
Participants are not entitled to participate in the prehearing 
conference; may not cross-examine parties' witnesses, seek discovery, 
or serve or be served with documents; and are not subject to the same 
procedural requirements as parties. Bonneville customers that will 
receive transmission or interconnection service under the terms and 
conditions subject to this proceeding, or their affiliated customer 
groups, may not submit participant comments. Members or employees of 
organizations that have intervened in the terms and conditions 
proceeding may submit participant comments as private individuals (that 
is, not speaking for their organizations), but may not use the comment 
procedures to address specific issues raised by their intervener 
organizations.
    Written comments by participants will be included in the record and 
considered by the Hearing Officer and the Administrator if they are 
received by Friday, December 9, 2022. The proposed Tariff and 
attachments are provided in Section V of this notice. Participants 
should submit comments through Bonneville's website at www.bpa.gov/comment or in hard copy to: BPA Public Involvement, DKS-7, Bonneville 
Power Administration, P.O. Box 3621, Portland, Oregon 97208. All 
comments should contain the designation ``TC-24'' in the subject line.

B. Interventions

    Any entity or person intending to become a party in the TC-24 
proceeding must file a petition to intervene through Bonneville's 
secure website (https://ratecase.bpa.gov/). A first-time user of 
Bonneville's secure website must create a user account to submit an 
intervention. Returning users may request access to the TC-24 
proceeding through their existing accounts, and may submit 
interventions once their permissions have been updated. The secure 
website contains a link to the user guide, which provides step-by-step 
instructions for creating user accounts, generating filing numbers, 
submitting filings, and uploading interventions. Please contact the 
Hearing Coordinator via email at [email protected] or, if the question 
is time-sensitive, via telephone at (503) 230-5107 with any questions 
regarding the submission process. A petition to intervene must conform 
to the format and content requirements set forth in Bonneville's Rules 
of Procedure sections 1010.6 and 1010.11 and must be uploaded to the 
TC-24 proceeding secure website by the deadline established in the 
procedural schedule.
    A petition to intervene must state the name and address of the 
entity or person requesting party status and the entity or person's 
interest in the hearing. Bonneville customers and affiliated customer 
groups will be granted intervention based on petitions filed in 
conformance with Rules of Procedure. Other petitioners must explain 
their interests in sufficient detail to permit the Hearing Officer to 
determine whether the petitioners have a relevant interest in the 
hearing. The deadline for opposing a timely intervention is two 
business days after the deadline for filing petitions to intervene. 
Bonneville or any party may oppose a petition for intervention. All 
petitions will be ruled on by the Hearing Officer. Late interventions 
are strongly disfavored. Opposition to an untimely petition to 
intervene must be filed within two business days after service of the 
petition.

C. Developing the Record

    The hearing record will include, among other things, the 
transcripts of the hearing, written evidence and arguments entered into 
the record by Bonneville and the parties, written comments from 
participants, and other material accepted into the record by the 
Hearing Officer. Upon conclusion of the hearing, the Hearing Officer 
will develop a recommended decision for the Administrator. The Hearing 
Officer's recommended decision must be based on the record and include 
the Hearing Officer's findings and conclusions, including the reasons 
or bases thereof, on all material issues of fact, law, or discretion 
raised by the parties in their initial briefs. The Hearing Officer will 
review and certify the record to the Administrator for final decision.
    The Administrator will make a final determination establishing or 
modifying Tariff terms and conditions based on the record, the Hearing 
Officer's recommended decision, and such other materials and 
information as may have been submitted to or developed by the 
Administrator. The Final ROD will be made available to all parties.

Part IV--Summary of Proposed Modifications to Bonneville's Tariff

    In this proceeding, Bonneville proposes to modify the non-rate 
Tariff terms and conditions consistent with the Tariff attached to the 
TC-24 Settlement Agreement, to be effective on October 1, 2023. The TC-
24 Settlement

[[Page 71320]]

Agreement includes (1) changes to the conditional reservation deadlines 
for hourly firm and daily firm point-to-point services; (2) maintaining 
the use of two season loss factors for the Network segment, updating 
the two season loss factors percentages, and removing the Utility 
Delivery and DSI loss factors from Schedule 11; (3) updating the 
description of BPA's ATC methodologies in Attachment C and specifying 
that BPA will stop maintaining a long-term ATC methodology for the 
long-term planning horizon on the flow-based paths and instead use 
commercial power flow studies to evaluate new transmission service 
requests; (4) modifying the large generator interconnection request 
template in Appendix 1 to Attachment L, Large Generator Interconnection 
Procedures, (5) clarifications to Attachment Q, Energy Imbalance 
Market, including adding a reference to the rate schedules that would 
be used under certain EIM contingencies, clarifying forecast data 
requirements, and updating the location of BPA outage requirements; (6) 
ministerial edits; and (7) other process-related commitments. The 
proposed Tariff assumes the TC-24 settlement is successful. In the 
event the TC-24 settlement is unsuccessful, Bonneville will publish a 
revised Tariff proposal consistent with the procedural schedule 
established and amended by the Hearing Officer.

Part V--Proposed Tariff

    Bonneville's proposed Tariff and the TC-24 Settlement Agreement is 
part of this notice and is available to view and download on 
Bonneville's website at https://www.bpa.gov/goto/TC24.

Signing Authority

    This document of the Department of Energy was signed on November 8, 
2022, by John L. Hairston, Administrator and Chief Executive Officer of 
the Bonneville Power Administration, pursuant to delegated authority 
from the Secretary of Energy. This 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 November 17, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-25374 Filed 11-21-22; 8:45 am]
BILLING CODE 6450-01-P