[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5226-5227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01587]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Falcon and Amistad Projects--Rate Order No. WAPA-216

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of proposed extension of firm power formula rate for the 
Falcon and Amistad Projects.

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SUMMARY: The Colorado River Storage Project Management Center (CRSP MC) 
of the Western Area Power Administration (WAPA) proposes to extend the 
existing firm power formula rate, without any changes, for the Falcon 
and Amistad Projects (Projects) through June 7, 2029. The existing firm 
power formula rate expires on June 7, 2024.

DATES: A consultation and comment period will begin January 26, 2024 
and end February 26, 2024. The CRSP MC will accept written comments any 
time during the consultation and comment period.

ADDRESSES: Written comments and requests to be informed of Federal 
Energy Regulatory Commission (FERC) actions concerning the proposed 
extension submitted by WAPA to FERC for approval should be sent to: 
Rodney Bailey, CRSP Manager, Colorado River Storage Project Management 
Center, Western Area Power Administration, 1800 South Rio Grande 
Avenue, Montrose, CO 81401, or email: [email protected]. The CRSP 
MC will post information about the proposed formula rate extension and 
written comments received to its website at: www.wapa.gov/about-wapa/about-wapa/regions/crsp/rates/rate-order-216.

FOR FURTHER INFORMATION CONTACT: Tamala Gheller, Rates Manager, 
Colorado River Storage Project Management Center, Western Area Power 
Administration, 970-240-6545, or email: [email protected].

SUPPLEMENTARY INFORMATION: The Falcon and Amistad Dams are features of 
international water storage projects located on the Rio Grande River 
between Texas and Mexico. The portion of the dams located in the United 
States is operated by the United States International Boundary and 
Water Commission (USIBWC). Under arrangements with the United States 
Department of State and USIBWC, WAPA is the Federal agency responsible 
for marketing and selling the electricity generated at these 
facilities. WAPA markets the power generated at the Falcon and Amistad 
Dams as a combined product to only one customer: South Texas Electric 
Cooperative. The cost of the power is determined by a formula rate. 
This formula rate was initially approved by the Federal Power 
Commission (FPC), the predecessor to FERC, in FPC Docket No. E-9566 on 
August 12, 1977 (59 FPC 1653), for a 5-year period effective on the 
date of initial operation of Amistad Power Plant, June 8, 1983.\1\ The 
formula rate has been subsequently extended and re-approved without 
change. The current formula rate was approved in 2009 \2\ and extended 
in 2014 and 2019.
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    \1\ A 5-year rate extension of this same formula rate through 
June 7, 1993, was approved by FERC on June 20, 1988, at 44 FERC ] 
62,058. Subsequent 5-year extensions of the same formula rate have 
been approved by FERC; the most recent approval was on June 20, 
2019, in Docket No. EF19-3-000, which approved the same formula rate 
through June 7, 2024.
    \2\ Order Confirming and Approving Rate Schedule on a Final 
Basis, FERC Docket No. EF09-5101-000, 129 FERC ] 62,206 (2009).
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    Most recently, on June 20, 2019, FERC approved and confirmed Rate 
Schedule Falcon and Amistad Projects' Firm Power Formula Rate under 
Rate Order No. WAPA-186 for a 5-year period through June 7, 2024.\3\ 
This schedule applies to firm energy sales. In accordance with 10 CFR 
903.23(a),\4\ the CRSP MC is proposing to extend the existing formula 
rate under Rate Schedule Falcon and Amistad Projects' Firm Power 
Formula Rate for the period of June 8, 2024, through June 7, 2029. The 
existing formula rate is viewable on the CRSP MC website at: 
www.wapa.gov/about-wapa/regions/crsp/rates/amistad-history. The formula 
rate calculates the amount WAPA must annually repay to the Department 
of the Treasury for the United States' investment in the Falcon and 
Amistad hydroelectric facilities, with interest, as well as associated 
operation, maintenance, and administrative costs. This annual 
installment is collected in 12 monthly payments and is independent of 
the amount of available generation. The existing formula rate provides 
sufficient revenue to pay all annual costs, including interest expense, 
and repay investment within the allowable period consistent with the 
cost recovery criteria set forth in Department of Energy (DOE) Order RA 
6120.2.
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    \3\ Order Confirming and Approving Rate Schedule on a Final 
Basis, FERC Docket No. EF19-3-000, 167 FERC ] 62,187 (2019).
    \4\ 50 FR 37835 (Sept. 18, 1985) and 84 FR 5347 (Feb. 21, 2019).
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    In accordance with 10 CFR 903.23(a), the CRSP MC has determined it 
is not necessary to hold public information or 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 extension. The CRSP MC will review and consider all timely 
public comments at the conclusion of the consultation and comment 
period and adjust the proposal as appropriate.

Legal Authority

    By Delegation Order No. S1-DEL-RATES-2016, effective November 19, 
2016, the Secretary of Energy delegated: (1) the authority to develop 
power and transmission rates to the WAPA

[[Page 5227]]

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-S3-2023, effective April 10, 2023, 
the 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 Infrastructure. By Redelegation Order No. S3-DEL-
WAPA1-2023, effective April 10, 2023, the Under Secretary for 
Infrastructure further redelegated the authority to confirm, approve, 
and place such rates into effect on an interim basis to WAPA's 
Administrator.

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.\5\
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    \5\ In compliance with the National Environmental Policy Act 
(NEPA) of 1969, as amended, 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 January 22, 
2024, by Tracey A. LeBeau, 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 January 23, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-01587 Filed 1-25-24; 8:45 am]
BILLING CODE 6450-01-P