[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76744-76747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24469]


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DEPARTMENT OF ENERGY

Bonneville Power Administration

[BPA File No.: TC-25]


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 and 
interconnection services in the Tariff. The proposed modifications to 
Bonneville's Tariff implement a first-ready, first-served cluster study 
process for all new large generator interconnection requests and 
establish the transition process available for pending requests 
received in Bonneville's queue as of 15 days after publication of this 
notice. The proposed modifications will be effective on June 30, 2024. 
Bonneville has designated this proceeding Docket No. TC-25.

DATES: Prehearing Conference: The TC-25 tariff proceeding will begin 
with a prehearing conference, which will be held virtually via WebEx at 
10 a.m. on Tuesday, November 14, 2023.
    Intervention: Anyone intending to become a party to the TC-25 
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 Thursday, November 16, 2023. Part III of this notice, ``Public 
Participation in TC-25,'' provides details on requesting access to the 
secure website and filing a petition to intervene.

ADDRESSES: Interested parties may obtain call-in information by 
accessing Bonneville's TC-25 tariff proceeding web page at https://www.bpa.gov/goto/tc25 or by contacting the Hearing Clerk at 
[email protected].

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    Participant Comments: Written comments by non-party participants 
must be received by Wednesday, November 22, 2023, to be considered in 
the Hearing Officer's recommended decision and the Administrator's 
Record of Decision (ROD). See Part III of this notice for more 
information about submitting participant comments.

FOR FURTHER INFORMATION CONTACT: Nicholas Quinata, DKP-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 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-25 Tariff Proceeding
Part III. Public Participation in TC-25
Part IV. Summary of Proposed Modifications to Bonneville's Tariff
Part V. Proposed Tariff

Part I--Introduction and Procedural Matters

A. Introduction and Procedural Background

    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 Bonneville 
Administrator may deem necessary. Bonneville's Tariff provides the 
generally applicable terms and conditions for transmission and 
interconnection 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. 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 Bonneville Administrator, and the Bonneville 
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-25 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

    Starting in June, Bonneville engaged its transmission and 
interconnection customers and stakeholders in an attempt to reach 
settlement of the modifications to the Tariff for the TC-25 tariff 
proceeding. These discussions have resulted in the TC-25 Settlement 
Agreement, which includes the proposed Tariff modifications Bonneville 
is proposing to adopt in the TC-25 tariff proceeding. On September 1, 
2023, Bonneville posted the TC-25 Settlement Agreement on Bonneville's 
website and set a deadline of September 15, 2023, for customers and 
stakeholders to inform Bonneville of any objections to the settlement. 
Bonneville did not receive any objections by the deadline. A summary of 
Bonneville's proposed Tariff modifications is provided in Part IV of 
this notice. A link to the TC-25 Settlement Agreement and proposed 
Tariff are provided in Part V.
    The TC-25 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 Bonneville 
Administrator adopt the TC-25 Settlement Agreement. Bonneville intends 
to file its motion soon after the TC-25 prehearing conference.
    If a party objects to the TC-25 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. The 
proposed schedule assumes there are no objections to the proposed 
settlement in the TC-25 tariff proceeding. 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--November 14, 2023
BPA Files Initial Proposal--November 14, 2023
Deadline for Petitions to Intervene--November 16, 2023
Deadline for Objections to Settlement Agreement--November 22, 2023
Close of Participant Comments--November 22, 2023
Hearing Officer's Recommended Decision Issued--December 15, 2023
Final ROD--January 26, 2024

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) that 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

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Procedure. The ex parte rule remains in effect until the Bonneville 
Administrator's Final ROD is issued.

Part II--Scope of the TC-25 Tariff Proceeding

    The TC-25 tariff proceeding involves the proposed modifications to 
Bonneville's Tariff described in Part IV. This section provides 
guidance to the Hearing Officer regarding the specific issues that are 
outside the scope of the TC-25 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-25 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 Bonneville 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-25 tariff proceeding. 
Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Bonneville 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-25 tariff proceeding. Pursuant 
to Section 1010.4(b)(8) of the Rules of Procedure, the Bonneville 
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-25 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 Bonneville 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that challenges the 
appropriateness or reasonableness of the Bonneville Administrator's 
decisions on costs and spending levels.

E. Rates

    Pursuant to Bonneville's statutes, it must set rates to recover 
costs associated with providing power and transmission services. 
Bonneville's decisions regarding rates are outside the scope of the TC-
25 tariff proceeding. Pursuant to Section 1010.4(b)(8) of the Rules of 
Procedure, the Bonneville 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 Bonneville 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.

Part III--Public Participation in TC-25

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

    Bonneville distinguishes between ``participants in'' and ``parties 
to'' the TC-25 tariff 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 of the Tariff, or their affiliated customer groups, may not 
submit participant comments. Members or employees of organizations that 
have intervened in the 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 Bonneville Administrator if 
they are received by Wednesday, November 22, 2023. 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-25'' in the subject line.

B. Interventions

    Any entity or person intending to become a party in the TC-25 
tariff

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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-25 tariff 
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-25 tariff 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 Bonneville 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 Bonneville 
Administrator for final decision.
    The Bonneville 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 Bonneville 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 adopt, effective June 
30, 2024, modifications to the large generator interconnection 
procedures (LGIP) in Attachment L to the Tariff and a new Attachment R 
to the Tariff that would provide for a transition to the modified LGIP. 
As described above, the specific Tariff modifications at issue are 
reflected in the TC-25 Settlement Agreement that was developed in 
discussions with customers and other stakeholders earlier this year.
    The LGIP is Bonneville's procedure for interconnecting generating 
facilities larger than 20 megawatts to the FCRTS. The proposed LGIP 
would replace the first-come, first-served serial interconnection study 
process in the current Tariff with a first-ready, first-served cluster 
study process. Under the proposed first-ready, first-served cluster 
study process, Bonneville will study a cluster of large generator 
interconnection requests that meet readiness requirements as opposed to 
studying each request serially. The proposed modifications to the LGIP 
include the details necessary to implement the new study process. The 
proposed modifications also provide for giving customers high-level 
information early in the interconnection process and allow customers to 
share costs of identified network upgrades.
    The proposed Attachment R includes a process (``Transition 
Process'') to transition pending interconnection requests received 
prior to 15 after the publication of this Federal Register Notice 
(``Transition Close Date'') to the first-ready, first-served cluster 
study process. Under this Transition Process, interconnection requests 
may apply to continue to be processed in a serial study process or to 
be included in a Transition Cluster Study. Bonneville will not process 
any interconnection request submitted after the Transition Close Date 
until the opening of a new Cluster Request Window, following the 
requirements in the proposed revisions to the LGIP in Attachment L of 
Bonneville's Tariff.

Part V--Proposed Tariff

    Bonneville's proposed Tariff and the TC-25 Settlement Agreement are 
part of this notice and available to view and download on Bonneville's 
website at https://www.bpa.gov/goto/tc25.

Signing Authority

    This document of the Department of Energy was signed on Tuesday, 
October 24, 2023, 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 1, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-24469 Filed 11-6-23; 8:45 am]
BILLING CODE 6450-01-P