80_FR_59933 80 FR 59742 - Notice of Interim Approval for Southeastern Power Administration Cumberland System

80 FR 59742 - Notice of Interim Approval for Southeastern Power Administration Cumberland System

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range59742-59756
FR Document2015-25102

The Deputy Secretary of Energy confirmed and approved, on an interim basis, Rate Schedules CBR-1-I, CSI-1-I, CEK-1-I, CM-1-I, CC-1- J, CK-1-I, CTV-1-I, CTVI-1-B, and Replacement-3. The rates were approved on an interim basis through September 30, 2020. The new rates take effect on October 1, 2015, and are subject to confirmation and approval on a final basis by the Federal Energy Regulatory Commission (Commission).

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59742-59756]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25102]


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DEPARTMENT OF ENERGY


Notice of Interim Approval for Southeastern Power Administration 
Cumberland System

AGENCY: Southeastern Power Administration, DOE.

ACTION: Notice of interim approval.

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SUMMARY: The Deputy Secretary of Energy confirmed and approved, on an 
interim basis, Rate Schedules CBR-1-I, CSI-1-I, CEK-1-I, CM-1-I, CC-1-
J, CK-1-I, CTV-1-I, CTVI-1-B, and Replacement-3. The rates were 
approved on an interim basis through September 30, 2020. The new rates 
take effect on October 1, 2015, and are subject to confirmation and 
approval on a final basis by the Federal Energy Regulatory Commission 
(Commission).

DATES: Approval of the rate schedules on an interim basis is effective 
October 1, 2015, through September 30, 2020.

FOR FURTHER INFORMATION CONTACT: Virgil G. Hobbs, III, Assistant 
Administrator, Finance & Marketing, Southeastern Power Administration, 
Department of Energy, 1166 Athens Tech Road, Elberton, Georgia 30635-
6711, (706) 213-3838.

SUPPLEMENTARY INFORMATION: On December 22, 2011, the Commission 
confirmed and approved on a final basis Wholesale Power Rate Schedules 
CBR-1-H, CSI-1-H, CEK-1-H, CM-1-H, CC-1-I, CK-1-H, CTV-1-H, CTVI-1-A, 
and Replacement-3 for the period from October 1, 2011, to September 30, 
2013 (137 FERC ] 62,249). On July 10, 2013, the Deputy Secretary 
approved an extension of the rate schedules through September 30, 2015 
(78 FR 42764).
    The Southeastern Power Administration's power marketing policy (58 
FR 41762, Aug. 5, 1993) provides peaking capacity, along with 1500 
kilowatt-hours of energy with each kilowatt of capacity, to customers 
outside the Tennessee Valley Authority (TVA) transmission system. Due 
to restrictions on the operations of the Center Hill Project imposed by 
the U.S. Army Corps of Engineers (Corps) as a precaution to prevent 
failure of the dam, Southeastern has not been able to provide full 
peaking capacity to these customers. A revised interim operating plan 
for the Cumberland System provides these customers with energy that 
includes a proportional percentage of normal marketed capacity.
    A current repayment study using present rates shows that revenues 
will not be adequate to meet repayment criteria. A revised study with a 
revenue requirement increase of $3,900,000, or about seven percent, 
shows that the rates established in this notice will be adequate to 
meet repayment criteria. The rate schedules have been developed to 
cover the differing marketing arrangements in the Cumberland System 
under normal operation conditions. The Rate Schedules CBR-1-I, CSI-1-I, 
and CM-1-I, include rates for customers who receive 1500 kilowatt-hours 
of energy annually for each kilowatt of capacity. Rate Schedule CEK-1-I 
is for East Kentucky Power Cooperative, which receives a fixed quantity 
of energy annually from projects connected to the TVA transmission 
system plus the output of the Laurel Project. Rate Schedule CK-1-I is 
for customers in Kentucky who receive 1800 kilowatt-hours of energy 
annually for each kilowatt of capacity. Rate Schedule CC-1-J is for 
customers on the Duke Energy Progress, Western Division, (formerly 
Carolina Power & Light, Western Division). Rate Schedule CTV-1-I is for 
TVA and TVPPA. Rate Schedule CTVI-1-B is for customers inside the TVA 
system who choose a power supplier other than TVA.


[[Page 59743]]


    Dated: September 25, 2015.
Elizabeth Sherwood-Randall,
Deputy Secretary.

DEPARTMENT OF ENERGY

DEPUTY SECRETARY

In the Matter of: Southeastern Power Administration Cumberland System 
Rates

Rate Order No. SEPA-59

Order Confirming and Approving Power Rates on an Interim Basis

    Pursuant to Sections 302(a) and 301(b) of the Department of Energy 
Organization Act, Public Law 95-91, the functions of the Secretary of 
the Interior and the Federal Power Commission under Section 5 of the 
Flood Control Act of 1944, 16 U.S.C. 825s, relating to the Southeastern 
Power Administration (Southeastern or SEPA) were transferred to and 
vested in the Secretary of Energy. DOE Delegation Order No. 00-037.00A, 
effective October 25, 2013, granted the Deputy Secretary authority to 
confirm, approve, and place into effect Southeastern's rates on an 
interim basis. This rate order is issued by the Deputy Secretary 
pursuant to this delegation.

Background

    On December 22, 2011, the Commission issued an order approving Rate 
Schedules CBR-1-H, CSI-1-H, CEK-1-H, CM-1-H, CC-1-I, CK-1-H, CTV-1-H, 
CTVI-1-A, and Replacement-3 on a final basis for the sale of power from 
the Cumberland System (137 FERC ] 62,249). On July 10, 2013, the Deputy 
Secretary of the Department of Energy issued an order extending the 
rate schedules through September 30, 2015. The power marketing policy 
(58 FR 41762, Aug. 5, 1993) provides peaking capacity, along with 1500 
kilowatt-hours of energy with each kilowatt of capacity, to customers 
outside the Tennessee Valley Authority (TVA) transmission system. Due 
to restrictions on the operations of the Center Hill Project imposed by 
the U.S. Army Corps of Engineers (Corps) as a precaution to prevent 
failure of the dam, Southeastern has not been able to provide full 
peaking capacity to these customers. A revised interim operating plan 
for the Cumberland System provides these customers with energy and 
reduced capacity.

Public Notice and Comment

    Notice of a proposed rate adjustment was published in the Federal 
Register May 28, 2015 (80 FR 30451). The notice advised interested 
parties of a public information and comment forum to be held in 
Nashville, Tennessee, on June 30, 2015. Comments were received from 
twelve sources pursuant to this notice.
    The comments have been condensed into the following seven major 
categories:

1. Dam Safety Act
2. Rate Development Authority
3. Rate Term
4. Rate Competitiveness
5. Revenue Requirement Mitigation
6. Capital Cost Recovery
7. Transmission Arrangements

    Southeastern's response follows each comment.

1. Dam Safety Act

    Comment: To prevent detrimental and long-term consequences related 
to the shifting of inappropriate and/or unnecessary costs to Cumberland 
System hydropower preference customers, we politely request a permanent 
15 percent cost allocation to be used in order to provide closure to 
the uncertainty of the applicability of the Dam Safety Act for repairs 
to Wolf Creek and Center Hill. . The record the Corps of Engineers has 
developed reveals the repairs at Wolf Creek and Center Hill Projects 
were pursued in an expedited manner in the interest of protecting the 
safety of lives and property downstream of Wolf Creek and Center Hill. 
The Corps of Engineers repaired the Wolf Creek Project and will fix the 
Center Hill Project consistent with state of the art criteria to 
protect safety. As such, hydropower customers should not be saddled 
with the full cost of over $1 billion in repairs. The Dam Safety Act 
acknowledges this broad benefit and allows repair costs to be fairly 
allocated among all beneficiaries Southeastern retains the right to 
structure a proposed rate which allows for the consideration of the 
cost reimbursement provisions of the Dam Safety Act. The Corps of 
Engineers' refusal to abide by the statutory provisions of the Dam 
Safety Act creates liability for the federal family because of the 
agency's admitted and flagrant disavowal of its statutory duty. There 
is no legal consequence for Southeastern if it develops a rate using 
the Dam Safety Act as appropriate guidance.
    Response: Under section 1203 of the Water Resources Development Act 
of 1986, otherwise known as the Dam Safety Act, Congress capped the 
percentage of dam repair costs that may be assigned to project purposes 
(such as hydropower) at 15 percent. This cap applies to dam 
modification costs, ''the cause of which results from new hydrologic or 
seismic data or changes in the state-of-the-art design or construction 
criteria deemed necessary for safety purposes''. 33 U.S.C. 467n(a). The 
Dam Safety Act requires that dam safety repair costs be recovered 
within thirty years of completion of the work. If the Dam Safety Act is 
not applied, 100 percent of all costs are assigned to project purposes 
for cost recovery but the thirty-year cost recovery requirement does 
not attach. Southeastern continues to discuss, analyze and seek 
guidance on the issue from other relevant agencies.
    Southeastern is finalizing a rate calculation that applies the cost 
sharing provision of the Dam Safety Act to the repair costs at Wolf 
Creek and Center Hill. However, Southeastern wishes to make clear that 
interagency discussions of this issue remain ongoing. If, as a result 
of those discussions, other relevant federal agencies provide a factual 
and legal basis for a contrary determination, the applicability of the 
Dam Safety Act would be reconsidered. Any such reconsideration would be 
the subject of an additional notice and comment process.

2. Rate Development Authority

    Comment: SEPA and the Department of Energy have explicit 
responsibility to ensure unauthorized costs are not passed on to the 
power customers. This authority exists to ensure all appropriate costs 
are recovered in the rates.
    Response: Southeastern agrees that it retains full authority to 
ensure that the rates for power will be the lowest possible rates 
consistent with sound business principles within the meaning of Section 
5 of the Flood Control Act of 1944.
    Comment: There is no genuine question whether the proposed rate has 
been promulgated pursuant to authority squarely vested within the 
administrative PMA. Furthermore, because the rate established pursuant 
to this process presents a legal obligation for the customers, i.e., 
the level of payment that must be submitted in exchange for the 
delivery of electricity, there's no question that the rate-making 
exercise should be considered the development of a rule for purposes of 
applying fundamental tenets of administrative law.
    Response: Southeastern determines the power rates regarding surplus 
energy from Corps projects are consistent with the rulemaking 
requirements of the Administrative Procedure Act. Southeastern is 
finalizing a rate calculation that applies the cost sharing provision 
of the Dam Safety Act to the repair costs at Wolf Creek and Center 
Hill. However, Southeastern wishes to make clear that interagency 
discussions of this issue remain ongoing. If, as a result of those

[[Page 59744]]

discussions, other relevant federal agencies provide a factual and 
legal basis for a contrary determination, the applicability of the Dam 
Safety Act would be reconsidered. Any such reconsideration would be the 
subject of an additional notice and comment process.
    Comment: Southeastern retains the right to structure a proposed 
rate which allows for the consideration of the cost reimbursement 
provisions of the Dam Safety Act.
    [Commenter] believes there is no legal consequence for Southeastern 
if it develops a rate using the Dam Safety Act as appropriate guidance.
    Response: Southeastern has a statutory duty to balance the recovery 
of costs of the Corps projects in a reasonable number of years while 
providing the lowest possible rates to preference customers consistent 
with sound business principles. Southeastern is finalizing a rate 
calculation that applies the cost sharing provision of the Dam Safety 
Act to the repair costs at Wolf Creek and Center Hill. However, 
Southeastern wishes to make clear that interagency discussions of this 
issue remain ongoing. If, as a result of those discussions, other 
relevant federal agencies provide a factual and legal basis for a 
contrary determination, the applicability of the Dam Safety Act would 
be reconsidered. Any such reconsideration would be the subject of an 
additional notice and comment process.
    Comment: The Corps of Engineers' refusal to abide by the statutory 
provisions of the Dam Safety Act creates liability for the federal 
family because of the agency's admitted and flagrant disavowal of its 
statutory duty.
    The Corps of Engineers has no legal authority to recover the costs 
of its dam safety program from hydropower customers.
    Response: Recovery of the costs of the Corps of Engineers projects 
from surplus power is within the authority of Department of Energy as 
provided by the Flood Control Act of 1944 and the Department of Energy 
Organization Act. Southeastern is finalizing a rate calculation that 
applies the cost sharing provision of the Dam Safety Act to the repair 
costs at Wolf Creek and Center Hill. However, Southeastern wishes to 
make clear that interagency discussions of this issue remain ongoing. 
If, as a result of those discussions, other relevant federal agencies 
provide a factual and legal basis for a contrary determination, the 
applicability of the Dam Safety Act would be reconsidered. Any such 
reconsideration would be the subject of an additional notice and 
comment process.

3. Rate Term

    Comment: [Commenter] respectfully requests this rate is extended 
for five years to ensure accurate planning and reliability. There's no 
legal impediment for Southeastern to issue a five-year rate consistent 
with DOE Regulation RA6120.2. [Commenter] will ask Southeastern to 
revise the proposal for a five-year rate.
    Response: Southeastern agrees a five-year term for the rate 
schedules is appropriate for the following reasons. Southeastern 
updates the repayment study used to develop and support the rate 
schedules annually to incorporate the latest cost information provided 
and to incorporate actual operating results. If the update of the 
repayment study demonstrates that the rates are not adequate to recover 
costs, Southeastern can initiate a rate adjustment. A five-year rate 
can be modified before the term of the rate schedules expires. A five-
year term for the rate schedules will not interfere with Southeastern's 
ability to recover required costs.

4. Rate Competitiveness

    Comment: Even the current rate proposal is too high to provide an 
economic product. SEPA rates with the proposed increase would be 
basically out of the market for most of our customers that have 
alternatives. The increased cost and declining economic viability of 
this power have been a major concern for the past several years. 
Coupled with more frequent reductions in Cumberland System power 
production and decreases in hydropower unit availability, these 
increases in cost are aggravating and jeopardizing the future of this 
program.
    Response: Consistent with applicable law, Southeastern strives to 
ensure that the rates for Cumberland System power remain competitive 
with the customers' resource alternatives. Marketing arrangements in 
the Cumberland System cover diverse markets and include diverse 
products. The existing marketing arrangements have been in place since 
the power marketing policy for the Cumberland System was established in 
1983.
    Southeastern has incorporated a true-up mechanism in these rate 
schedules to reduce the initial rate adjustment to a seven percent 
increase in the revenue requirement. This has been included to improve 
the competitiveness of the rate.

5. Revenue Requirement Mitigation

    Comment: [Commenter] would propose an approach where we pay our 
fair share of the operation and maintenance costs and the recovery of 
capital [investment] making it more reflective of the rates being set 
on actual costs instead of a 50-year projection.
    SEPA is setting a rate for 50 years with no consideration for a 
potential increase in the future. We would propose paying for the 
capital [investment] when it becomes used and useful.
    Response: The Power Marketing Administrations prepare repayment 
studies used to establish rates following the guidance of DOE Order 
RA6120.2 (Order). The Order defines the power system's repayment period 
to extend to the final year allowed under the cost recovery criteria 
for amortization of the original investment in all projects included in 
the power repayment study. The Order further provides future 
replacement costs will be included in the studies. The remaining 
investment in the Cumberland System includes investment placed in 
service with a 50-year service life. The Order requires future 
replacement cost estimates to be included in the repayment study as 
well. Southeastern believes the repayment study used to develop these 
proposed rate schedules complies with DOE Order RA6120.2.
    Comment: [Commenter] recommends that SEPA review the methodology 
used in the repayment study to determine the proposed rate to:
    One, use forced payments to reduce the magnitude of large required 
payments; and
    Two, for large required payments, use the concept of planned 
capitalized deficits to spread the costs of those required single-year 
payments over a five-year period.
    Response: The comment refers to the approach used within the 
repayment study used to develop an optimized plan for repayment of the 
federal investment. Forced payments are normally used to override the 
normal priority of repayment when a lower-interest rate investment is 
reaching its required repayment date. Under highest interest first 
repayment, Southeastern defers repayment of the lowest interest rate 
investment to the extent possible while meeting repayment criteria. 
This achieves a lower revenue requirement.
    Capitalized deficits are incurred when Southeastern does not have 
sufficient revenue to cover annual operating expenses and interest or 
meet a required payment. Generally, Southeastern does not plan to incur 
capitalized deficits as part of rate adjustment. The proposed rates do 
not include capitalized deficits, which would be inconsistent with the

[[Page 59745]]

general requirement of DOE Order RA6120.2.

6. Capital Cost Recovery

    Comment: [Commenter] suggests SEPA explore capital cost recovery 
alternatives within its rate-making authority with the goal remaining 
to keep rates as low as possible for as long as possible. SEPA should 
consider a true-up rate as an alternative.
    Response: Southeastern staff proposed to employ an annual true-up 
to alter the rate each April accounting for actual hydropower 
investment completed and placed in service the prior fiscal year. A 
similar mechanism proved successful in the Kerr-Philpott System to 
address planned infrastructure rehabilitation. Comments supported or 
were silent with regard to enacting a true-up and Southeastern proposes 
to affect a true-up instrument to improve Federal hydropower's 
competitiveness in the energy market.

7. Transmission Arrangements

    Comment: We would suggest SEPA explore an agreement with TVA that 
more closely resembles the transmission service that SEPA now receives 
from TVA, delivering power to discrete delivery points from a network 
of resources or generation resources. We think the service you've 
received for years has been more of a network service.
    Response: Southeastern will discuss transmission service options 
with TVA in an effort to secure the most economical delivery method for 
our customers.

Discussion

System Repayment

    An examination of Southeastern's revised system power repayment 
study, prepared in August, 2015, for the Cumberland System, shows that 
with the rates established in this notice, all system power costs are 
paid within the 50-year repayment period, as required by existing law 
and DOE Order RA 6120.2. The Administrator of Southeastern has 
certified that the rates are consistent with applicable law and that 
they are the lowest possible rates to customers consistent with sound 
business principles.

Environmental Impact

    Southeastern has reviewed the possible environmental impacts of the 
rate adjustment under consideration and has concluded that, because the 
adjusted rates would not significantly affect the quality of the human 
environment within the meaning of the National Environmental Policy Act 
of 1969, the proposed action is not a major Federal action for which 
preparation of an Environmental Impact Statement is required.

Availability of Information

    Information regarding these rates, including studies, and other 
supporting materials, is available for public review in the offices of 
Southeastern Power Administration, 1166 Athens Tech Road, Elberton, 
Georgia 30635-6711.

Submission to the Federal Energy Regulatory Commission

    The rates hereinafter confirmed and approved on an interim basis, 
together with supporting documents, will be submitted promptly to FERC 
for confirmation and approval on a final basis.

Order

    In view of the foregoing and pursuant to the authority delegated to 
me by the Secretary of Energy, I hereby confirm and approve on an 
interim basis, effective October 1, 2015, attached Wholesale Power Rate 
Schedules CBR-1-I, CSI-1-I, CEK-1-I, CM-1-I, CC-1-J, CK-1-I, CTV-1-I, 
CTVI-1-B, and Replacement-3. The rate schedules shall remain in effect 
on an interim basis through September 30, 2020, unless such period is 
extended or until FERC confirms and approves them or substitute rate 
schedules on a final basis.

    Dated: September 25, 2015.

Elizabeth Sherwood-Randall,
Deputy Secretary.

Wholesale Power Rate Schedule CBR-1-I

    Availability: This rate schedule shall be available to Big Rivers 
Electric Corporation and the City of Henderson, Kentucky (hereinafter 
called the Customer).
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy available from the Dale Hollow, Center Hill, Wolf 
Creek, Cheatham, Old Hickory, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereinafter called 
collectively the ``Cumberland Projects'') and sold in wholesale 
quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 hertz. The power shall be delivered at nominal voltages 
of 13,800 volts and 161,000 volts to the transmission system of Big 
Rivers Electric Corporation.
    Points of Delivery: Capacity and energy delivered to the Customer 
will be delivered at points of interconnection of the Customer at the 
Barkley Project Switchyard, at a delivery point in the vicinity of the 
Paradise steam plant and at such other points of delivery as may 
hereafter be agreed upon by the Government and Tennessee Valley 
Authority (TVA).
    Billing Month: The billing month for power sold under this schedule 
shall end at 2400 hours CDT or CST, whichever is currently effective, 
on the last day of each calendar month.
    Conditions of Service: The Customer shall at its own expense 
provide, install, and maintain on its side of each delivery point the 
equipment necessary to protect and control its own system. In so doing, 
the installation, adjustment, and setting of all such control and 
protective equipment at or near the point of delivery shall be 
coordinated with that which is installed by and at the expense of TVA 
on its side of the delivery point.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U.S. Army Corps of Engineers (Corps) as a precaution to prevent failure 
of the dam, Southeastern is not able to provide the full allocation of 
peaking capacity to these customers. Southeastern implemented a Revised 
Interim Operating Plan for the Cumberland System to provide these 
customers with a reduced amount of energy and a reduced amount of 
capacity. The rates under this Scenario 1 will remain in effect for the 
duration of the Revised Interim Operating Plan. The initial base rates 
for capacity and energy will be subject to annual true-up adjustment 
described below.
    Monthly Rate:
    The initial monthly base rate for capacity and energy sold under 
this rate schedule shall be:

[[Page 59746]]

    Initial Base Demand charge: $1.902 per kilowatt per month
    Initial Base Energy Charge: 12.35 mills per kilowatt-hour
    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission: The Customer will pay a ratable percent listed below 
of the credit the Administrator of Southeastern Power Administration 
(Administrator) provides to the TVA as consideration for delivering 
capacity and energy for the account of the Administrator to points of 
delivery of customers outside the TVA System or interconnection points 
of delivery with other electric systems for the benefit of customers 
outside the TVA System, as agreed by contract between the Administrator 
and TVA.

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Big Rivers Electric Corporation..............................     32.660
City of Henderson, Kentucky..................................      2.202
------------------------------------------------------------------------

Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each 
increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the Customer of the amount of the true-up 
by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate:
    The initial monthly base rate for capacity and energy sold under 
this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy 
annually): $3.115 per kilowatt/month of total contract demand.

    Initial Base Energy Charge: None.

    Initial Base Additional Energy Charge: 1.612 mills per kilowatt-
hour.

    True-up Adjustment: The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $0.003 per 
kilowatt per month added to the base Capacity rate and an increase of 
0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission Charge: Monthly TVA Transmission Charge divided by 
545,000.

    Energy to be Furnished by the Government: The Government shall make 
available each contract year to the Customer from the Projects through 
the Customer's interconnections with TVA and the Customer will schedule 
and accept an allocation of 1500 kilowatt-hours of energy delivered at 
the TVA border for each kilowatt of contract demand. A contract year is 
defined as the 12 months beginning July 1 and ending at midnight June 
30 of the following calendar year. The energy made available for a 
contract year shall be scheduled monthly such that the maximum amount 
scheduled in any month shall not exceed 240 hours per kilowatt of the 
Customer's contract demand and the minimum amount scheduled in any 
month shall not be less than 60 hours per kilowatt of the customer's 
contract demand. The Customer may request and the Government may 
approve energy scheduled for a month greater than 240 hours per 
kilowatt of the Customer's contract demand; provided, that the combined 
schedule of all Southeastern customers outside TVA and served by TVA 
does not exceed 240 hours per kilowatt of the total contract demands of 
these customers.
    Service Interruption: When delivery of capacity is interrupted or 
reduced due to conditions on the Administrator's system beyond his 
control, the Administrator will continue to make available the portion 
of his declaration of energy that can be generated with the capacity 
available.
    For such interruption or reduction due to conditions on the 
Administrator's system which have not been arranged for and agreed to 
in advance, the demand charge for capacity made available will be 
reduced as to the kilowatts of such capacity which have been 
interrupted or reduced in accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TN02OC15.012


[[Page 59747]]



Wholesale Power Rate Schedule CSI-1-I

    Availability: This rate schedule shall be available to Southern 
Illinois Power Cooperative (hereinafter the Customer).
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy available from the Dale Hollow, Center Hill, Wolf 
Creek, Cheatham, Old Hickory, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereinafter called 
collectively the ``Cumberland Projects'') and sold in wholesale 
quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 hertz. The power shall be delivered at nominal voltages 
of 13,800 volts and 161,000 volts to the transmission system of Big 
Rivers Electric Corporation.
    Points of Delivery: Capacity and energy delivered to the Customer 
will be delivered at points of interconnection of the Customer at the 
Barkley Project Switchyard, at a delivery point in the vicinity of the 
Paradise steam plant and at such other points of delivery as may 
hereafter be agreed upon by the Government and Tennessee Valley 
Authority (TVA).
    Billing Month: The billing month for power sold under this schedule 
shall end at 2400 hours CDT or CST, whichever is currently effective, 
on the last day of each calendar month.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U.S. Army Corps of Engineers (Corps) as a precaution to prevent failure 
of the dam, Southeastern is not able to provide the full allocation of 
peaking capacity to these customers. Southeastern implemented a Revised 
Interim Operating Plan for the Cumberland System to provide these 
customers with a reduced amount of energy and a reduced amount of 
capacity. The rates under this Scenario 1 will remain in effect for the 
duration of the Revised Interim Operating Plan. The initial base rates 
for capacity and energy will be subject to annual true-up adjustment 
described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.902 per kilowatt per month.
    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.
    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission Charge: The Customer will pay 5.138 percent of the 
credit the Administrator of Southeastern Power Administration 
(Administrator) provides to the TVA as consideration for delivering 
capacity and energy for the account of the Administrator to points of 
delivery of customers outside the TVA System or interconnection points 
of delivery with other electric systems for the benefit of customers 
outside the TVA System, as agreed by contract between the Administrator 
and TVA.
Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each 
increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the Customer of the amount of the true-up 
by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy 
annually): $3.115 per kilowatt/month of total contract demand.
    Initial Base Energy Charge: None.
    Initial Base Additional Energy Charge: 11.612 mills per kilowatt-
hour
    True-up Adjustment: The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $0.003 per 
kilowatt per month added to the base Capacity rate and an increase of 
0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission Charge: Monthly TVA Transmission Charge divided by 
545,000.
    Energy to be Furnished by the Government: The Government shall make 
available each contract year to the Customer from the Projects through 
the Customer's interconnections with TVA and the Customer will schedule 
and accept an allocation of 1500 kilowatt-hours of energy delivered at 
the TVA

[[Page 59748]]

border for each kilowatt of contract demand. A contract year is defined 
as the 12 months beginning July 1 and ending at midnight June 30 of the 
following calendar year. The energy made available for a contract year 
shall be scheduled monthly such that the maximum amount scheduled in 
any month shall not exceed 240 hours per kilowatt of the Customer's 
contract demand and the minimum amount scheduled in any month shall not 
be less than 60 hours per kilowatt of the customer's contract demand. 
The Customer may request and the Government may approve energy 
scheduled for a month greater than 240 hours per kilowatt of the 
Customer's contract demand; provided, that the combined schedule of all 
Southeastern customers outside TVA and served by TVA does not exceed 
240 hours per kilowatt of the total contract demands of these 
customers.
    Service Interruption: When delivery of capacity is interrupted or 
reduced due to conditions on the Administrator's system beyond his 
control, the Administrator will continue to make available the portion 
of his declaration of energy that can be generated with the capacity 
available.
    For such interruption or reduction due to conditions on the 
Administrator's system which have not been arranged for and agreed to 
in advance, the demand charge for capacity made available will be 
reduced as to the kilowatts of such capacity which have been 
interrupted or reduced in accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TN02OC15.013

Wholesale Power Rate Schedule CEK-1-I

    Availability: This rate schedule shall be available to East 
Kentucky Power Cooperative (hereinafter called the Customer).
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy available from the Dale Hollow, Center Hill, Wolf 
Creek, Cheatham, Old Hickory, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereinafter called 
collectively the ``Cumberland Projects'') and power available from the 
Laurel Project and sold in wholesale quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 hertz. The power shall be delivered at nominal voltages 
of 161,000 volts to the transmission systems of the Customer.
    Points of Delivery: The points of delivery will be the 161,000 volt 
bus of the Wolf Creek Power Plant and the 161,000 volt bus of the 
Laurel Project. Other points of delivery may be as agreed upon.
    Billing Month: The billing month for power sold under this schedule 
shall end at 2400 hours CDT or CST, whichever is currently effective, 
on the last day of each calendar month.
    Conditions of Service: The Customer shall, at its own expense, 
provide, install, and maintain on its side of each delivery point the 
equipment necessary to protect and control its own system. In so doing, 
the installation, adjustment and setting of all such control and 
protective equipment at or near the point of delivery shall be 
coordinated with that which is installed by and at the expense of the 
Tennessee Valley Authority (TVA) on its side of the delivery point.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U.S. Army Corps of Engineers (Corps) as a precaution to prevent failure 
of the dam, Southeastern is not able to provide the full allocation of 
peaking capacity to these customers. Southeastern implemented a Revised 
Interim Operating Plan for the Cumberland System to provide these 
customers with a reduced amount of energy and a reduced amount of 
capacity. The rates under this Scenario 1 will remain in effect for the 
duration of the Revised Interim Operating Plan. The initial base rates 
for capacity and energy will be subject to annual true-up adjustment 
described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.902 per kilowatt per month.
    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.
    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission: The Customer will pay 31.192 percent of the credit 
the Administrator of Southeastern Power Administration (Administrator) 
provides to the TVA as consideration for delivering capacity and energy 
for the account of the Administrator to points of delivery of customers 
outside the TVA System or interconnection points of delivery with other 
electric systems for the benefit customers outside the TVA System, as 
agreed by contract between the Administrator and TVA.
Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be

[[Page 59749]]

scheduled. The initial base annual revenue requirement under this 
alternative is $63,500,000, including transmission and non-power 
revenue, the same as the annual revenue requirement in Scenarios 1 and 
3. The annual revenue requirement from the sale of capacity and energy 
is $50,235,000. The Rate Scenario 2 will receive revenues from capacity 
that can be scheduled and the remainder from energy, at charges that 
will be determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan. The initial base rates for 
capacity and energy will be subject to annual true-up adjustment 
described in the true-up section of this rate schedule.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.664 per kilowatt/month of total 
contract demand.
    Initial Base Energy Charge: 11.612 mills per kilowatt-hour
    True-up Adjustment: The base demand charge and base energy charge 
under this scenario will be subject to annual adjustment on April 1 of 
each year based on transfers to specific power plant-in-service. Under 
this scenario 3, the adjustment is for each increase of $1,000,000 to 
specific power plant-in-service an increase of $ 0.003 per kilowatt per 
month added to the base Capacity rate and an increase of 0.012 mills 
per kilowatt-hour added to the energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission Charge: Monthly TVA Transmission Charge divided by 
545,000.

    Energy to be Furnished by the Government: The Government shall make 
available each contract year to the Customer from the Projects through 
the Customer's interconnections with TVA and the Customer will schedule 
and accept an allocation of 1500 kilowatt-hours of energy delivered at 
the TVA border for each kilowatt of contract demand plus 369 kilowatt-
hours of energy delivered for each kilowatt of contract demand to 
supplement energy available at the Laurel Project. A contract year is 
defined as the 12 months beginning July 1 and ending at midnight June 
30 of the following calendar year. The energy made available for a 
contract year shall be scheduled monthly such that the maximum amount 
scheduled in any month shall not exceed 240 hours per kilowatt of the 
Customer's contract demand and the minimum amount scheduled in any 
month shall not be less than 60 hours per kilowatt of the Customer's 
contract demand. The Customer may request and the Government may 
approve energy scheduled for a month greater than 240 hours per 
kilowatt of the customer's contract demand; provided, that the combined 
schedule of all Southeastern customers outside TVA and served by TVA 
does not exceed 240 hours per kilowatt of the total contract demands of 
these customers.
    Service Interruption: When delivery of capacity is interrupted or 
reduced due to conditions on the Administrator's system beyond his 
control, the Administrator will continue to make available the portion 
of his declaration of energy that can be generated with the capacity 
available.
    For such interruption or reduction due to conditions on the 
Administrator's system which have not been arranged for and agreed to 
in advance, the demand charge for capacity made available will be 
reduced as to the kilowatts of such capacity which have been 
interrupted or reduced in accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TN02OC15.014

Wholesale Power Rate Schedule CM-1-I

    Availability: This rate schedule shall be available to the South 
Mississippi Electric Power Association, Municipal Energy Agency of 
Mississippi, and Mississippi Delta Energy Agency (hereinafter called 
the Customers).
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy available from the Dale Hollow, Center Hill, Wolf 
Creek, Cheatham, Old Hickory, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereinafter called 
collectively the ``Cumberland Projects'') and sold in wholesale 
quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 hertz. The power shall be delivered at nominal voltages 
of 161,000 volts to the transmission systems of Mississippi Power and 
Light.
    Points of Delivery: The points of delivery will be at 
interconnection points of the Tennessee Valley Authority (TVA) system 
and the Mississippi Power and Light system. Other points of delivery 
may be as agreed upon.
    Billing Month: The billing month for power sold under this schedule 
shall end at 2400 hours CDT or CST, whichever is currently effective on 
the last day of each calendar month.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours

[[Page 59750]]

of energy annually with each kilowatt of capacity, to customers outside 
the TVA transmission system. Due to restrictions on the operation of 
the Center Hill Project imposed by the U. S. Army Corps of Engineers 
(Corps) as a precaution to prevent failure of the dam, Southeastern is 
not able to provide the full allocation of peaking capacity to these 
customers. Southeastern implemented a Revised Interim Operating Plan 
for the Cumberland System to provide these customers with a reduced 
amount of energy and a reduced amount of capacity. The rates under this 
Scenario 1 will remain in effect for the duration of the Revised 
Interim Operating Plan. The initial base rates for capacity and energy 
will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.902 per kilowatt per month.
    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.
    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customers of the 
amount of the true-up by February 1 of each year.
    Transmission Charge: The Customer will pay a ratable percent listed 
below of the credit the Administrator of Southeastern Power 
Administration (Administrator) provides to the TVA as consideration for 
delivering capacity and energy for the account of the Administrator to 
points of delivery of customers outside the TVA System or 
interconnection points of delivery with other electric systems for the 
benefit of customers outside the TVA System, as agreed by contract 
between the Administrator and TVA.

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Mississippi Delta Energy Agency..............................      2.058
Municipal Energy Agency of Mississippi.......................      3.447
South Mississippi EPA........................................      9.358
------------------------------------------------------------------------

Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each 
increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the Customers of the amount of the true-up 
by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy 
annually): $3.115 per kilowatt/month of total contract demand.
    Initial Base Energy Charge: None.
    Initial Base Additional Energy Charge: 11.612 mills per kilowatt-
hour.
    True-up Adjustment:The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $ 0.003 
per kilowatt per month added to the base Capacity rate and an increase 
of 0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the Customers of the 
amount of the true-up by February 1 of each year.
    Transmission Charge: Monthly TVA Transmission Charge divided by 
545,000.
    Energy to be Furnished by the Government: The Government shall make 
available each contract year to the Customer from the Projects through 
the Customer's interconnections with TVA and the Customer will schedule 
and accept an allocation of 1500 kilowatt-hours of energy delivered at 
the TVA border for each kilowatt of contract demand. A contract year is 
defined as the 12 months beginning July 1 and ending at midnight June 
30 of the following calendar year. The energy made available for a 
contract year shall be scheduled monthly such that the maximum amount 
scheduled in any month shall not exceed 240 hours per kilowatt of the 
Customer's contract demand and the minimum amount scheduled in any 
month shall not be less than 60 hours per kilowatt of the Customer's 
contract demand. The Customer may request and the Government may 
approve energy scheduled for a month greater than 240 hours per 
kilowatt of the Customer's contract demand; provided, that the combined 
schedule of all Southeastern customers outside TVA and served by TVA 
does not exceed 240 hours per kilowatt of the total contract demands of 
these customers.
    In the event that any portion of the capacity allocated to the 
Customers is not initially delivered to the Customers as of the 
beginning of a full contract year, the 1500 kilowatt hours shall be 
reduced \1/12\ for each month of that year prior to initial delivery of 
such capacity.
    Service Interruption: When delivery of capacity is interrupted or 
reduced due to conditions on the Administrator's system beyond his 
control, the Administrator will continue to make available the portion 
of his declaration of energy that can be generated with the capacity 
available.
    For such interruption or reduction due to conditions on the 
Administrator's system which have not been arranged for and agreed to 
in advance, the demand charge for capacity made available will be 
reduced as to the kilowatts of such capacity which have been 
interrupted or reduced

[[Page 59751]]

in accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TN02OC15.015

Wholesale Power Rate Schedule CC-1-J

    Availability: This rate schedule shall be available to public 
bodies and cooperatives served through the facilities of Duke Energy 
Progress (formerly known as Carolina Power & Light Company), Western 
Division (hereinafter called the Customers).
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy available from the Dale Hollow, Center Hill, Wolf 
Creek, Cheatham, Old Hickory, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereinafter called 
collectively the ``Cumberland Projects'') and sold in wholesale 
quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 hertz. The power shall be delivered at nominal voltages 
of 161,000 volts to the transmission system of Duke Energy Progress, 
Western Division.
    Points of Delivery: The points of delivery will be at 
interconnecting points of the Tennessee Valley Authority (TVA) system 
and the Duke Energy Progress, Western Division system. Other points of 
delivery may be as agreed upon.
    Billing Month: The billing month for power sold under this schedule 
shall end at 2400 hours CDT or CST, whichever is currently effective, 
on the last day of each calendar month.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U. S. Army Corps of Engineers (Corps) as a precaution to prevent 
failure of the dam, Southeastern is not able to provide the full 
allocation of peaking capacity to these customers. Southeastern 
implemented a Revised Interim Operating Plan for the Cumberland System 
to provide these customers with a reduced amount of energy and a 
reduced amount of capacity. The rates under this Scenario 1 will remain 
in effect for the duration of the Revised Interim Operating Plan. The 
initial base rates for capacity and energy will be subject to annual 
true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge:

$2.165 per kilowatt per month.

    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.

    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customers of the 
amount of the true-up by February 1 of each year.
    TVA Transmission Charge: The Customer will pay a ratable percent 
listed below of the credit the Administrator of Southeastern Power 
Administration (Administrator) provides to the TVA as consideration for 
delivering capacity and energy for the account of the Administrator to 
points of delivery of customers outside the TVA System or 
interconnection points of delivery with other electric systems for the 
benefit of customers outside the TVA System, as agreed by contract 
between the Administrator and TVA.

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
French Broad EMC.............................................      1.713
Haywood EMC..................................................      0.501
Town of Waynesville..........................................      0.355
------------------------------------------------------------------------

    Duke Energy Progress Transmission Charge: The Customer will pay a 
ratable percent listed below of the charge for transmission service 
furnished by Duke Energy Progress, Western Division.

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
French Broad EMC.............................................     66.667
Haywood EMC..................................................     19.512
Town of Waynesville..........................................     13.821
------------------------------------------------------------------------

Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each

[[Page 59752]]

increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the Customers of the amount of the true-up 
by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy annually 
at the TVA Border): $3.546 per kilowatt/month of total contract demand.
    Initial Base Energy Charge: None.

    Initial Base Additional Energy Charge: 11.612 mills per kilowatt-
hour.

    True-up Adjustment: The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $ 0.003 
per kilowatt per month added to the base Capacity rate and an increase 
of 0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the Customers of the 
amount of the true-up by February 1 of each year.
    Transmission Charge: Monthly TVA Transmission Charge divided by 
545,000, and adjusted for Duke Energy Progress delivery. The adjustment 
under the current contract is 14,000/12,300, or 13.821 percent.
    CP&L Transmission Charge: $1.546 per kilowatt/month of total 
contract demand (As of February 2015 and provided for illustrative 
purposes.)
    The Duke Energy Progress transmission rate is subject to annual 
adjustment on April 1 of each year and will be computed subject to the 
formula in Appendix A attached to the Government--Duke Energy Progress 
contract.
    Energy to be Furnished by the Government: The Government will sell 
to the Customers and the Customers will purchase from the Government 
energy each billing month equivalent to a percentage specified by 
contract of the energy made available to Duke Energy Progress (less 
applicable losses). The Customer's contract demand and accompanying 
energy allocation will be divided pro rata among its individual 
delivery points served from the Duke Energy Progress, Western Division 
transmission system.

Wholesale Power Rate Schedule CK-1-I

    Availability: This rate schedule shall be available to public 
bodies served through the facilities of Kentucky Utilities Company, 
(hereinafter called the Customers.)
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy available from the Dale Hollow, Center Hill, Wolf 
Creek, Cheatham, Old Hickory, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereinafter called 
collectively the ``Cumberland Projects'') and sold in wholesale 
quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 hertz. The power shall be delivered at nominal voltages 
of 161,000 volts to the transmission systems of Kentucky Utilities 
Company.
    Points of Delivery: The points of delivery will be at 
interconnecting points between the Tennessee Valley Authority (TVA) 
system and the Kentucky Utilities Company system. Other points of 
delivery may be as agreed upon.
    Billing Month:
    The billing month for power sold under this schedule shall end at 
2400 hours CDT or CST, whichever is currently effective on the last day 
of each calendar month.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U. S. Army Corps of Engineers (Corps) as a precaution to prevent 
failure of the dam, Southeastern is not able to provide the full 
allocation of peaking capacity to these customers. Southeastern 
implemented a Revised Interim Operating Plan for the Cumberland System 
to provide these customers with a reduced amount of energy and a 
reduced amount of capacity. The rates under this Scenario 1 will remain 
in effect for the duration of the Revised Interim Operating Plan. The 
initial base rates for capacity and energy will be subject to annual 
true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.902 per kilowatt per month.

    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.

    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customers of the 
amount of the true-up by February 1 of each year.
    Transmission Charge: The Customers will pay a ratable percent 
listed below of the credit the Administrator of Southeastern Power 
Administration (Administrator) provides to the TVA as consideration for 
delivering capacity and energy for the account of the Administrator to 
points of delivery of customers outside the TVA System or 
interconnection points of delivery with other electric systems for the 
benefit of customers outside the TVA System, as agreed by contract 
between the Administrator and TVA.

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
City of Barbourville.........................................      0.404
City of Bardstown............................................      0.412
City of Bardwell.............................................      0.099
City of Benham...............................................      0.046
City of Corbin...............................................      0.477
City of Falmouth.............................................      0.108
City of Frankfort............................................      2.866
City of Madisonville.........................................      1.432
City of Nicholasville........................................      0.469
City of Owensboro............................................      4.587
City of Paris................................................      0.250

[[Page 59753]]

 
City of Providence...........................................      0.226
------------------------------------------------------------------------

Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each 
increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the Customers of the amount of the true-up 
by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy 
annually):

$2.915 per kilowatt/month of total contract demand.
    Initial Base Energy Charge: None.

    Initial Base Additional Energy Charge: 11.612 mills per kilowatt-
hour.
    True-up Adjustment: The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $ 0.003 
per kilowatt per month added to the base Capacity rate and an increase 
of 0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the Customers of the 
amount of the true-up by February 1 of each year.
    Transmission Charge: Monthly TVA Transmission Charge divided by 
545,000.
    Energy To Be Furnished by the Government: The Government shall make 
available each contract year to the Customer from the Projects and the 
Customer will accept an allocation of 1500 kilowatt-hours of energy for 
each kilowatt of contract demand. A contract year is defined as the 12 
months beginning July 1 and ending at midnight June 30 of the following 
calendar year. The energy made available for a contract year shall be 
scheduled monthly such that the maximum amount scheduled in any month 
shall not exceed 240 hours per kilowatt of the Customer's contract 
demand and the minimum amount scheduled in any month shall not be less 
than 60 hours per kilowatt of the Customer's contract demand. The 
Customers may request and the Government may approve energy scheduled 
for a month greater than 240 hours per kilowatt of the Customer's 
contract demand; provided, that the combined schedule of all 
Southeastern customers outside TVA and served by TVA does not exceed 
240 hours per kilowatt of the total contract demands of these 
customers.
    In the event that any portion of the capacity allocated to the 
Customers is not initially delivered to the Customers as of the 
beginning of a full contract year, the 1500 kilowatt hours shall be 
reduced \1/12\ for each month of that year prior to initial delivery of 
such capacity.
    For billing purposes, each kilowatt of capacity will include 1500 
kilowatt-hours energy per year. Customers will pay for additional 
energy at the additional energy rate.

Wholesale Power Rate Schedule CTV-1-I

    Availability: This rate schedule shall be available to the 
Tennessee Valley Authority (hereinafter called TVA) on behalf of 
members of the Tennessee Valley Public Power Association (hereinafter 
called TVPPA).
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy generated at the Dale Hollow, Center Hill, Wolf 
Creek, Old Hickory, Cheatham, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereafter called collectively 
the ``Cumberland Projects'') and the Laurel Project sold under 
agreement between the Department of Energy and TVA.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a frequency of 
approximately 60 hertz at the outgoing terminals of the Cumberland 
Projects' switchyards.
    Billing Month: The billing month for capacity and energy sold under 
this schedule shall end at 2400 hours CDT or CST, whichever is 
currently effective, on the last day of each calendar month.
    Contract Year: For purposes of this rate schedule, a contract year 
shall be as in Section 13.1 of the Southeastern Power Administration--
Tennessee Valley Authority Contract.
    Power Factor: TVA shall take capacity and energy from the 
Department of Energy at such power factor as will best serve TVA's 
system from time to time; provided, that TVA shall not impose a power 
factor of less than .85 lagging on the Department of Energy's 
facilities which requires operation contrary to good operating practice 
or results in overload or impairment of such facilities.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U.S. Army Corps of Engineers (Corps) as a precaution to prevent failure 
of the dam, Southeastern is not able to provide the full allocation of 
peaking capacity to these customers. Southeastern implemented a Revised

[[Page 59754]]

Interim Operating Plan for the Cumberland System to provide these 
customers with a reduced amount of energy and a reduced amount of 
capacity. The rates under this Scenario 1 will remain in effect for the 
duration of the Revised Interim Operating Plan. The initial base rates 
for capacity and energy will be subject to annual true-up adjustment 
described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.902 per kilowatt per month
    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.
    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the TVA and TVPPA of the 
amount of the true-up by February 1 of each year.
Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each 
increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the TVA and TVPPA of the amount of the 
true-up by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy 
annually): $3.115 per kilowatt/month of total contract demand.
    Initial Base Energy Charge: None.
    Initial Base Additional Energy Charge: 11.612 mills per kilowatt-
hour.
    True-up Adjustment:The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $ 0.003 
per kilowatt per month added to the base Capacity rate and an increase 
of 0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the TVA and TVPPA of the 
amount of the true-up by February 1 of each year.
    Energy to be Made Available: The Department of Energy shall 
determine the energy that is available from the projects for 
declaration in the billing month.
    To meet the energy requirements of the Department of Energy's 
customers outside the TVA area (hereinafter called Outside Customers), 
768,000 megawatt-hours of net energy shall be available annually 
(including 36,900 megawatt-hours of annual net energy to supplement 
energy available at Laurel Project). The energy requirement of the 
Outside Customers shall be available annually, divided monthly such 
that the maximum available in any month shall not exceed 240 hours per 
kilowatt of total Outside Customers contract demand, and the minimum 
amount available in any month shall not be less than 60 hours per 
kilowatt of total Outside Customers demand.
    In the event that any portion of the capacity allocated to Outside 
Customers is not initially delivered to the Outside Customers as of the 
beginning of a full contract year, (July through June), the 1500 hours, 
plus any such additional energy required as discussed above, shall be 
reduced \1/12\ for each month of that year prior to initial delivery of 
such capacity.
    The energy scheduled by TVA for use within the TVA System in any 
billing month shall be the total energy delivered to TVA less (1) an 
adjustment for fast or slow meters, if any, (2) an adjustment for 
Barkley-Kentucky Canal of 15,000 megawatt-hours of energy each month 
which is delivered to TVA under the agreement from the Cumberland 
Projects without charge to TVA, (3) the energy scheduled by the 
Department of Energy in said month for the Outside Customers plus 
losses of two percent [2%], and (4) station service energy furnished by 
TVA.
    Each kilowatt of capacity will include 1500 kilowatt-hours of 
energy per year, which is defined as base energy. Energy received in 
excess of 1500 kilowatt-hours per kilowatt will be subject to an 
additional energy charge identified in the monthly rates section of 
this rate schedule.
    Service Interruption: When delivery of capacity to TVA is 
interrupted or reduced due to conditions on the Department of Energy's 
system that are beyond its control, the Department of Energy will 
continue to make available the portion of its declaration of energy 
that can be generated with the capacity available.
    For such interruption or reduction (exclusive of any restrictions 
provided in the agreement) due to conditions on the Department of 
Energy's system which have not been arranged for and agreed to in 
advance, the demand charge for scheduled capacity made available to TVA 
will be reduced as to the kilowatts of such scheduled capacity which 
have been so interrupted or reduced for each day in accordance with the 
following formula:

[[Page 59755]]

[GRAPHIC] [TIFF OMITTED] TN02OC15.016

Wholesale Power Rate Schedule CTVI-1-B
    Availability: This rate schedule shall be available to customers 
(hereinafter called the Customer) who are or were formerly in the 
Tennessee Valley Authority (hereinafter called TVA) service area.
    Applicability: This rate schedule shall be applicable to electric 
capacity and energy generated at the Dale Hollow, Center Hill, Wolf 
Creek, Old Hickory, Cheatham, Barkley, J. Percy Priest, and Cordell 
Hull Projects (all of such projects being hereafter called collectively 
the ``Cumberland Projects'') and the Laurel Project sold under 
agreement between the Department of Energy and the Customer.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a frequency of 
approximately 60 hertz at the outgoing terminals of the Cumberland 
Projects' switchyards.
    Billing Month: The billing month for capacity and energy sold under 
this schedule shall end at 2400 hours CDT or CST, whichever is 
currently effective, on the last day of each calendar month.
    Contract Year: For purposes of this rate schedule, a contract year 
shall be as in Section 13.1 of the Southeastern Power Administration--
Tennessee Valley Authority Contract.
    Rate Alternatives: Southeastern Power Administration (Southeastern) 
is including three rate alternatives. All of the rate alternatives have 
an initial base annual revenue requirement of $63,500,000, including 
transmission and non-power revenue. The initial base annual revenue 
requirement from the sale of capacity and energy is $50,235,000. The 
initial base revenue requirements will be subject to annual true-up 
adjustment described below.
Rate Scenario 1--Revised Interim Operating Plan
    The final marketing policy for the Cumberland System was published 
in the Federal Register August 5, 1993 (58 FR 41762). The marketing 
policy for the Cumberland System of Projects provides peaking capacity, 
along with 1500 hours of energy annually with each kilowatt of 
capacity, to customers outside the TVA transmission system. Due to 
restrictions on the operation of the Center Hill Project imposed by the 
U.S. Army Corps of Engineers (Corps) as a precaution to prevent failure 
of the dam, Southeastern is not able to provide the full allocation of 
peaking capacity to these customers. Southeastern implemented a Revised 
Interim Operating Plan for the Cumberland System to provide these 
customers with a reduced amount of energy and a reduced amount of 
capacity. The rates under this Scenario 1 will remain in effect for the 
duration of the Revised Interim Operating Plan. The initial base rates 
for capacity and energy will be subject to annual true-up adjustment 
described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge: $1.902 per kilowatt per month.

    Initial Base Energy Charge: 12.35 mills per kilowatt-hour.

    True-up Adjustment: The Base Capacity Charge and Base Energy Charge 
will be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario the adjustment will be for 
each increase of $1,000,000 to specific power plant-in-service an 
increase of $0.001 per kilowatt per month added to the base capacity 
charge and 0.02 mills per kilowatt-hour added to the base energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission Charge: The initial charge for transmission and 
Ancillary Services will be the Customer's ratable share of the charges 
for transmission, distribution, and ancillary services paid by the 
Government. The charges for transmission and ancillary services are 
governed by and subject to refund based upon the determination in 
proceedings before the Federal Energy Regulatory Commission (FERC) or 
other overseeing entity involving the TVA's and other transmission 
provider's Open Access Transmission Tariff (OATT).
    Proceedings before FERC or other overseeing entity involving the 
OATT or the Distribution charge may result in the separation of charges 
currently included in the transmission rate. In this event, the 
Government may charge the Customer for any and all separate 
transmission, ancillary services, and distribution charges paid by the 
Government in behalf of the Customer. These charges could be recovered 
through a capacity charge or an energy charge, as determined by the 
Government.
Rate Scenario 2--Modified Revised Interim Operating Plan
    This rate alternative will be implemented if a portion of the 
Cumberland Capacity can be scheduled, though not all the capacity in 
the published marketing policy can be scheduled. The initial base 
annual revenue requirement under this alternative is $63,500,000, 
including transmission and non-power revenue, the same as the annual 
revenue requirement in Scenarios 1 and 3. The annual revenue 
requirement from the sale of capacity and energy is $50,235,000. This 
Rate Scenario 2 will receive revenues from capacity that can be 
scheduled and the remainder from energy, at charges that will be 
determined at the time. Under Scenario 2, the cost of the TVA 
transmission credit will be passed to customers outside the TVA System. 
This rate alternative will be in effect if Southeastern chooses to 
modify the Revised Interim Operating Plan.
    The annual revenue requirement and rates under this scenario 2 will 
be subject to annual adjustment on April 1 of each year based on 
transfers of specific power investment to plant-in-service for the 
preceding Fiscal Year. Under this scenario 2, the adjustment is an 
increase of $53,000 per year to the annual revenue requirement for each 
increase of $1,000,000 to specific power plant-in-service. Southeastern 
will give written notice to the Customer of the amount of the true-up 
by February 1 of each year.
Rate Scenario 3--Original Cumberland Marketing Policy
    The third rate alternative will go into effect once the Corps lifts 
all restrictions on the operation of the Center Hill Dam and 
Southeastern returns to operations that support the published marketing 
policy. The initial base rates for capacity, energy, and additional 
energy

[[Page 59756]]

will be subject to annual true-up adjustment described below.
    Monthly Rate: The initial monthly base rate for capacity and energy 
sold under this rate schedule shall be:
    Initial Base Demand charge (includes 1500 hours of energy 
annually): $3.115 per kilowatt/month of total contract demand.
    Initial Base Energy Charge: None.

    Initial Base Additional Energy Charge: 11.612 mills per kilowatt-
hour.

    True-up Adjustment: The base demand charge and base additional 
energy charge under this scenario will be subject to annual adjustment 
on April 1 of each year based on transfers to specific power plant-in-
service. Under this scenario 3, the adjustment is for each increase of 
$1,000,000 to specific power plant-in-service an increase of $ 0.003 
per kilowatt per month added to the base Capacity rate and an increase 
of 0.012 mills per kilowatt-hour added to the additional energy rate.
    Southeastern will give written notice to the Customer of the amount 
of the true-up by February 1 of each year.
    Transmission Charge: The initial charge for transmission and 
Ancillary Services will be the Customer's ratable share of the charges 
for transmission, distribution, and ancillary services paid by the 
Government. The charges for transmission and ancillary services are 
governed by and subject to refund based upon the determination in 
proceedings before FERC or other overseeing entity involving the TVA's 
and other transmission provider's Open Access Transmission Tariff 
(OATT).
    Proceedings before FERC or other overseeing entity involving the 
OATT or the Distribution charge may result in the separation of charges 
currently included in the transmission rate. In this event, the 
Government may charge the Customer for any and all separate 
transmission, ancillary services, and distribution charges paid by the 
Government in behalf of the Customer. These charges could be recovered 
through a capacity charge or an energy charge, as determined by the 
Government.
    Energy to be Made Available: The energy will be scheduled by TVA 
and the Customer will receive their ratable share, in accordance with 
the Government-Customer Contract. Energy shall be accounted for, in 
accordance with agreements with TVA.
    The Customer will receive a ratable share of their capacity, in 
accordance with the Government-Customer Contract.
    Service Interruption: When delivery of capacity to TVA is 
interrupted or reduced due to conditions on the Department of Energy's 
system that are beyond its control, the Department of Energy will 
continue to make available the portion of its declaration of energy 
that can be generated with the capacity available. The customer will 
receive a ratable share of this capacity.
    For such interruption or reduction (exclusive of any restrictions 
provided in the agreement) due to conditions on the Department of 
Energy's system which have not been arranged for and agreed to in 
advance, the demand charge for scheduled capacity made available to the 
Customer will be reduced as to the kilowatts of such scheduled capacity 
which have been so interrupted or reduced for each day in accordance 
with the following formula:
[GRAPHIC] [TIFF OMITTED] TN02OC15.017

Wholesale Rate Schedule Replacement--3

    Availability: This rate schedule shall be available to public 
bodies and cooperatives (any one of whom is hereinafter called the 
Customer) in Alabama, Georgia, Illinois, Kentucky, North Carolina, 
Mississippi, Tennessee, and Virginia to whom power is provided pursuant 
to contracts between the Government and the customer from the Dale 
Hollow, Center Hill, Wolf Creek, Cheatham, Old Hickory, Barkley, J. 
Percy Priest, Cordell Hull, and Laurel Projects (all of such projects 
being hereinafter called collectively the ``Cumberland Projects'').
    Applicability: This rate schedule shall be applicable to the sale 
of wholesale energy purchased to meet contract minimum energy sold 
under appropriate contracts between the Government and the Customer.
    Character of Service: The energy supplied hereunder will be 
delivered at the delivery points provided for under appropriate 
contracts between the Government and the Customer.
    Monthly Charge: The rate for replacement energy will be a formulary 
capacity charge based on the monthly cost to the Government to purchase 
replacement energy necessary to support capacity in the Cumberland 
System divided by the capacity available from the Cumberland System, 
which is 950,000 kilowatts in the published power marketing policy. The 
capacity rate will be adjusted for any capacity retained by the 
Customer's transmission facilitator.
    Conditions of Service: The customer shall at its own expense 
provide, install, and maintain on its side of each delivery point the 
equipment necessary to protect and control its own system.

[FR Doc. 2015-25102 Filed 10-1-15; 8:45 am]
 BILLING CODE 6450-01-P



                                                  59742                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  408 mgd from the Chattahoochee River                      • Tuesday, October 27, 2015, 4:00                   SUPPLEMENTARY INFORMATION:      On
                                                  for Metro Atlanta and would reallocate                  p.m.–7:00 p.m. Eastern time, West Point               December 22, 2011, the Commission
                                                  storage in Lake Lanier of 189,497 acre-                 Depot, 500 3rd Avenue, West Point, GA.                confirmed and approved on a final basis
                                                  feet to satisfy a portion of Georgia’s 2040             31833.                                                Wholesale Power Rate Schedules CBR–
                                                  need and support average annual water                     • Wednesday, October 28, 2015, 4:00                 1–H, CSI–1–H, CEK–1–H, CM–1–H, CC–
                                                  supply withdrawals of up to 165 mgd.                    p.m.–7:00 p.m. Central time, James S.                 1–I, CK–1–H, CTV–1–H, CTVI–1–A, and
                                                                                                          Clark Center, 333 E. Broad Street,                    Replacement-3 for the period from
                                                  Document Availability
                                                                                                          Eufaula AL, 36027.                                    October 1, 2011, to September 30, 2013
                                                    The DEIS and appendices are                             • Thursday, October 29, 2015, 4:00                  (137 FERC ¶ 62,249). On July 10, 2013,
                                                  available to the public for review in the               p.m.–7:00 p.m. Eastern time, Bainbridge
                                                  following formats:                                                                                            the Deputy Secretary approved an
                                                                                                          State College, Charles H. Kirbo Regional              extension of the rate schedules through
                                                    • Online as PDF documents at http://                  Center, 2500 E. Shotwell Street (US
                                                  www.sam.usace.army.mil/Missions/                                                                              September 30, 2015 (78 FR 42764).
                                                                                                          Highway 84), Bainbridge, GA 39819.
                                                  PlanningEnvironmental/                                    • Monday, November 9, 2015, 4:00                      The Southeastern Power
                                                  ACFMasterWaterControlManualUpdate/                      p.m.–7:00 p.m., Apalachicola National                 Administration’s power marketing
                                                  ACFDocumentLibrary.aspx.                                Estuarine Research Reserve, 108 Island                policy (58 FR 41762, Aug. 5, 1993)
                                                    • As a CD when requested in writing                   Drive, Eastpoint, FL 32328.                           provides peaking capacity, along with
                                                  to: Commander, U.S. Army Corps of                                                                             1500 kilowatt-hours of energy with each
                                                  Engineers, Mobile District, Attn: PD–EI                 Next Steps
                                                                                                                                                                kilowatt of capacity, to customers
                                                  (ACF–EIS), P.O. Box 2288, Mobile, AL                      All comments will be catalogued and                 outside the Tennessee Valley Authority
                                                  36628.                                                  reviewed after the 60-day public
                                                    • A limited number of CD copies will                                                                        (TVA) transmission system. Due to
                                                                                                          comment period. The final EIS (FEIS) is               restrictions on the operations of the
                                                  also be available at the DEIS public                    scheduled to be completed and filed
                                                  meetings.                                                                                                     Center Hill Project imposed by the U.S.
                                                                                                          with the USEPA in 2016. The Record of                 Army Corps of Engineers (Corps) as a
                                                  Public Review and Comment                               Decision, if appropriate, will be signed              precaution to prevent failure of the dam,
                                                     The public comment period will                       following the FEIS and the Master                     Southeastern has not been able to
                                                  commence with the publication of this                   Manual is scheduled to be approved in
                                                                                                                                                                provide full peaking capacity to these
                                                  notice and will end 60 days after its                   March 2017.
                                                                                                                                                                customers. A revised interim operating
                                                  publication. USACE recognizes that the                    Dated: September 23, 2015.                          plan for the Cumberland System
                                                  decisions made concerning revisions to                  Jon J. Chytka,                                        provides these customers with energy
                                                  the water control operations at USACE                   Colonel, District Commander, Mobile District,         that includes a proportional percentage
                                                  projects within the ACF Basin will have                 U.S. Army Corps of Engineers.                         of normal marketed capacity.
                                                  wide-ranging effects and encourages the                 [FR Doc. 2015–25057 Filed 10–1–15; 8:45 am]
                                                  public to submit comments on the                                                                                A current repayment study using
                                                                                                          BILLING CODE 3720–58–P
                                                  content of the DEIS. All persons and                                                                          present rates shows that revenues will
                                                  organizations that have a potential                                                                           not be adequate to meet repayment
                                                  interest in the proposed action,                                                                              criteria. A revised study with a revenue
                                                                                                          DEPARTMENT OF ENERGY
                                                  including minority, low-income,                                                                               requirement increase of $3,900,000, or
                                                  disadvantaged, and Native American                      Notice of Interim Approval for                        about seven percent, shows that the
                                                  groups, are urged to participate in this                Southeastern Power Administration                     rates established in this notice will be
                                                  NEPA environmental analysis process                     Cumberland System                                     adequate to meet repayment criteria.
                                                  by reviewing the DEIS and submitting                                                                          The rate schedules have been developed
                                                  comments for consideration.                             AGENCY: Southeastern Power                            to cover the differing marketing
                                                     Comments may be submitted via the                    Administration, DOE.                                  arrangements in the Cumberland System
                                                  following methods:                                      ACTION: Notice of interim approval.                   under normal operation conditions. The
                                                     • Onsite at open houses through                                                                            Rate Schedules CBR–1–I, CSI–1–I, and
                                                  comment forms;                                          SUMMARY:   The Deputy Secretary of
                                                     • Verbally through the court reporter                                                                      CM–1–I, include rates for customers
                                                                                                          Energy confirmed and approved, on an
                                                  at public meetings;                                     interim basis, Rate Schedules CBR–1–I,                who receive 1500 kilowatt-hours of
                                                     • By emailing acf-wcm@                               CSI–1–I, CEK–1–I, CM–1–I, CC–1–J,                     energy annually for each kilowatt of
                                                  usace.army.mil;                                         CK–1–I, CTV–1–I, CTVI–1–B, and                        capacity. Rate Schedule CEK–1–I is for
                                                     • By letter addressed to: Commander,                 Replacement-3. The rates were                         East Kentucky Power Cooperative,
                                                  U.S. Army Corps of Engineers, Mobile                    approved on an interim basis through                  which receives a fixed quantity of
                                                  District, Attn: PD–EI (ACF–DEIS), P.O.                  September 30, 2020. The new rates take                energy annually from projects
                                                  Box 2288, Mobile, AL 36628.                             effect on October 1, 2015, and are                    connected to the TVA transmission
                                                     Further information regarding the                    subject to confirmation and approval on               system plus the output of the Laurel
                                                  update of the Master Manual, including                  a final basis by the Federal Energy                   Project. Rate Schedule CK–1–I is for
                                                  all available documents, background                     Regulatory Commission (Commission).                   customers in Kentucky who receive
                                                  and historical information, and updates                                                                       1800 kilowatt-hours of energy annually
                                                                                                          DATES: Approval of the rate schedules
                                                  is available online at the Web site given                                                                     for each kilowatt of capacity. Rate
                                                                                                          on an interim basis is effective October
                                                  above.                                                                                                        Schedule CC–1–J is for customers on the
                                                                                                          1, 2015, through September 30, 2020.
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                                                  Open Houses                                             FOR FURTHER INFORMATION CONTACT:                      Duke Energy Progress, Western
                                                     Open houses are scheduled to be held                 Virgil G. Hobbs, III, Assistant                       Division, (formerly Carolina Power &
                                                  at the following locations and times:                   Administrator, Finance & Marketing,                   Light, Western Division). Rate Schedule
                                                     • Monday, October 26, 2015, 4:00                     Southeastern Power Administration,                    CTV–1–I is for TVA and TVPPA. Rate
                                                  p.m.–7:00 p.m. Eastern time, Gainesville                Department of Energy, 1166 Athens                     Schedule CTVI–1–B is for customers
                                                  Civic Center, 830 Green Street NE.,                     Tech Road, Elberton, Georgia 30635–                   inside the TVA system who choose a
                                                  Gainesville, GA 30501.                                  6711, (706) 213–3838.                                 power supplier other than TVA.


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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                          59743

                                                    Dated: September 25, 2015.                               The comments have been condensed                   safety repair costs be recovered within
                                                  Elizabeth Sherwood-Randall,                             into the following seven major                        thirty years of completion of the work.
                                                  Deputy Secretary.                                       categories:                                           If the Dam Safety Act is not applied, 100
                                                                                                          1. Dam Safety Act                                     percent of all costs are assigned to
                                                  DEPARTMENT OF ENERGY
                                                                                                          2. Rate Development Authority                         project purposes for cost recovery but
                                                  DEPUTY SECRETARY                                        3. Rate Term                                          the thirty-year cost recovery
                                                  In the Matter of: Southeastern Power                    4. Rate Competitiveness                               requirement does not attach.
                                                  Administration Cumberland System Rates                  5. Revenue Requirement Mitigation                     Southeastern continues to discuss,
                                                  Rate Order No. SEPA–59                                  6. Capital Cost Recovery                              analyze and seek guidance on the issue
                                                                                                          7. Transmission Arrangements                          from other relevant agencies.
                                                  Order Confirming and Approving                                                                                   Southeastern is finalizing a rate
                                                  Power Rates on an Interim Basis                            Southeastern’s response follows each
                                                                                                                                                                calculation that applies the cost sharing
                                                                                                          comment.
                                                     Pursuant to Sections 302(a) and                                                                            provision of the Dam Safety Act to the
                                                  301(b) of the Department of Energy                      1. Dam Safety Act                                     repair costs at Wolf Creek and Center
                                                  Organization Act, Public Law 95–91, the                    Comment: To prevent detrimental and                Hill. However, Southeastern wishes to
                                                  functions of the Secretary of the Interior              long-term consequences related to the                 make clear that interagency discussions
                                                  and the Federal Power Commission                        shifting of inappropriate and/or                      of this issue remain ongoing. If, as a
                                                  under Section 5 of the Flood Control                                                                          result of those discussions, other
                                                                                                          unnecessary costs to Cumberland
                                                  Act of 1944, 16 U.S.C. 825s, relating to                                                                      relevant federal agencies provide a
                                                                                                          System hydropower preference
                                                  the Southeastern Power Administration                                                                         factual and legal basis for a contrary
                                                                                                          customers, we politely request a
                                                  (Southeastern or SEPA) were transferred                                                                       determination, the applicability of the
                                                                                                          permanent 15 percent cost allocation to
                                                  to and vested in the Secretary of Energy.                                                                     Dam Safety Act would be reconsidered.
                                                                                                          be used in order to provide closure to
                                                  DOE Delegation Order No. 00–037.00A,                                                                          Any such reconsideration would be the
                                                                                                          the uncertainty of the applicability of
                                                  effective October 25, 2013, granted the                                                                       subject of an additional notice and
                                                                                                          the Dam Safety Act for repairs to Wolf
                                                  Deputy Secretary authority to confirm,                                                                        comment process.
                                                                                                          Creek and Center Hill. . The record the
                                                  approve, and place into effect                          Corps of Engineers has developed                      2. Rate Development Authority
                                                  Southeastern’s rates on an interim basis.               reveals the repairs at Wolf Creek and
                                                  This rate order is issued by the Deputy                                                                          Comment: SEPA and the Department
                                                                                                          Center Hill Projects were pursued in an               of Energy have explicit responsibility to
                                                  Secretary pursuant to this delegation.                  expedited manner in the interest of                   ensure unauthorized costs are not
                                                  Background                                              protecting the safety of lives and                    passed on to the power customers. This
                                                                                                          property downstream of Wolf Creek and                 authority exists to ensure all
                                                    On December 22, 2011, the
                                                                                                          Center Hill. The Corps of Engineers                   appropriate costs are recovered in the
                                                  Commission issued an order approving
                                                                                                          repaired the Wolf Creek Project and will              rates.
                                                  Rate Schedules CBR–1–H, CSI–1–H,
                                                                                                          fix the Center Hill Project consistent                   Response: Southeastern agrees that it
                                                  CEK–1–H, CM–1–H, CC–1–I, CK–1–H,
                                                                                                          with state of the art criteria to protect             retains full authority to ensure that the
                                                  CTV–1–H, CTVI–1–A, and
                                                  Replacement-3 on a final basis for the                  safety. As such, hydropower customers                 rates for power will be the lowest
                                                  sale of power from the Cumberland                       should not be saddled with the full cost              possible rates consistent with sound
                                                  System (137 FERC ¶ 62,249). On July 10,                 of over $1 billion in repairs. The Dam                business principles within the meaning
                                                  2013, the Deputy Secretary of the                       Safety Act acknowledges this broad                    of Section 5 of the Flood Control Act of
                                                  Department of Energy issued an order                    benefit and allows repair costs to be                 1944.
                                                  extending the rate schedules through                    fairly allocated among all beneficiaries                 Comment: There is no genuine
                                                  September 30, 2015. The power                           Southeastern retains the right to                     question whether the proposed rate has
                                                  marketing policy (58 FR 41762, Aug. 5,                  structure a proposed rate which allows                been promulgated pursuant to authority
                                                  1993) provides peaking capacity, along                  for the consideration of the cost                     squarely vested within the
                                                  with 1500 kilowatt-hours of energy with                 reimbursement provisions of the Dam                   administrative PMA. Furthermore,
                                                  each kilowatt of capacity, to customers                 Safety Act. The Corps of Engineers’                   because the rate established pursuant to
                                                  outside the Tennessee Valley Authority                  refusal to abide by the statutory                     this process presents a legal obligation
                                                  (TVA) transmission system. Due to                       provisions of the Dam Safety Act creates              for the customers, i.e., the level of
                                                  restrictions on the operations of the                   liability for the federal family because of           payment that must be submitted in
                                                  Center Hill Project imposed by the U.S.                 the agency’s admitted and flagrant                    exchange for the delivery of electricity,
                                                  Army Corps of Engineers (Corps) as a                    disavowal of its statutory duty. There is             there’s no question that the rate-making
                                                  precaution to prevent failure of the dam,               no legal consequence for Southeastern if              exercise should be considered the
                                                  Southeastern has not been able to                       it develops a rate using the Dam Safety               development of a rule for purposes of
                                                  provide full peaking capacity to these                  Act as appropriate guidance.                          applying fundamental tenets of
                                                  customers. A revised interim operating                     Response: Under section 1203 of the                administrative law.
                                                  plan for the Cumberland System                          Water Resources Development Act of                       Response: Southeastern determines
                                                  provides these customers with energy                    1986, otherwise known as the Dam                      the power rates regarding surplus
                                                  and reduced capacity.                                   Safety Act, Congress capped the                       energy from Corps projects are
                                                                                                          percentage of dam repair costs that may               consistent with the rulemaking
                                                  Public Notice and Comment                               be assigned to project purposes (such as              requirements of the Administrative
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                                                    Notice of a proposed rate adjustment                  hydropower) at 15 percent. This cap                   Procedure Act. Southeastern is
                                                  was published in the Federal Register                   applies to dam modification costs, ’’the              finalizing a rate calculation that applies
                                                  May 28, 2015 (80 FR 30451). The notice                  cause of which results from new                       the cost sharing provision of the Dam
                                                  advised interested parties of a public                  hydrologic or seismic data or changes in              Safety Act to the repair costs at Wolf
                                                  information and comment forum to be                     the state-of-the-art design or                        Creek and Center Hill. However,
                                                  held in Nashville, Tennessee, on June                   construction criteria deemed necessary                Southeastern wishes to make clear that
                                                  30, 2015. Comments were received from                   for safety purposes’’. 33 U.S.C. 467n(a).             interagency discussions of this issue
                                                  twelve sources pursuant to this notice.                 The Dam Safety Act requires that dam                  remain ongoing. If, as a result of those


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                                                  59744                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  discussions, other relevant federal                     subject of an additional notice and                   fair share of the operation and
                                                  agencies provide a factual and legal                    comment process.                                      maintenance costs and the recovery of
                                                  basis for a contrary determination, the                                                                       capital [investment] making it more
                                                                                                          3. Rate Term
                                                  applicability of the Dam Safety Act                                                                           reflective of the rates being set on actual
                                                  would be reconsidered. Any such                            Comment: [Commenter] respectfully                  costs instead of a 50-year projection.
                                                  reconsideration would be the subject of                 requests this rate is extended for five                  SEPA is setting a rate for 50 years
                                                  an additional notice and comment                        years to ensure accurate planning and                 with no consideration for a potential
                                                  process.                                                reliability. There’s no legal impediment              increase in the future. We would
                                                     Comment: Southeastern retains the                    for Southeastern to issue a five-year rate            propose paying for the capital
                                                  right to structure a proposed rate which                consistent with DOE Regulation                        [investment] when it becomes used and
                                                  allows for the consideration of the cost                RA6120.2. [Commenter] will ask                        useful.
                                                  reimbursement provisions of the Dam                     Southeastern to revise the proposal for                  Response: The Power Marketing
                                                  Safety Act.                                             a five-year rate.                                     Administrations prepare repayment
                                                     [Commenter] believes there is no legal                  Response: Southeastern agrees a five-              studies used to establish rates following
                                                  consequence for Southeastern if it                      year term for the rate schedules is                   the guidance of DOE Order RA6120.2
                                                  develops a rate using the Dam Safety                    appropriate for the following reasons.                (Order). The Order defines the power
                                                  Act as appropriate guidance.                            Southeastern updates the repayment                    system’s repayment period to extend to
                                                     Response: Southeastern has a                         study used to develop and support the                 the final year allowed under the cost
                                                  statutory duty to balance the recovery of               rate schedules annually to incorporate                recovery criteria for amortization of the
                                                  costs of the Corps projects in a                        the latest cost information provided and              original investment in all projects
                                                  reasonable number of years while                        to incorporate actual operating results. If           included in the power repayment study.
                                                  providing the lowest possible rates to                  the update of the repayment study                     The Order further provides future
                                                  preference customers consistent with                    demonstrates that the rates are not                   replacement costs will be included in
                                                  sound business principles. Southeastern                 adequate to recover costs, Southeastern               the studies. The remaining investment
                                                  is finalizing a rate calculation that                   can initiate a rate adjustment. A five-               in the Cumberland System includes
                                                  applies the cost sharing provision of the               year rate can be modified before the                  investment placed in service with a 50-
                                                  Dam Safety Act to the repair costs at                   term of the rate schedules expires. A                 year service life. The Order requires
                                                  Wolf Creek and Center Hill. However,                    five-year term for the rate schedules will            future replacement cost estimates to be
                                                  Southeastern wishes to make clear that                  not interfere with Southeastern’s ability             included in the repayment study as
                                                  interagency discussions of this issue                   to recover required costs.                            well. Southeastern believes the
                                                  remain ongoing. If, as a result of those                4. Rate Competitiveness                               repayment study used to develop these
                                                  discussions, other relevant federal                                                                           proposed rate schedules complies with
                                                                                                             Comment: Even the current rate
                                                  agencies provide a factual and legal                                                                          DOE Order RA6120.2.
                                                                                                          proposal is too high to provide an
                                                  basis for a contrary determination, the                                                                          Comment: [Commenter] recommends
                                                                                                          economic product. SEPA rates with the
                                                  applicability of the Dam Safety Act                                                                           that SEPA review the methodology used
                                                                                                          proposed increase would be basically
                                                  would be reconsidered. Any such                                                                               in the repayment study to determine the
                                                                                                          out of the market for most of our
                                                  reconsideration would be the subject of                                                                       proposed rate to:
                                                                                                          customers that have alternatives. The
                                                  an additional notice and comment                        increased cost and declining economic                    One, use forced payments to reduce
                                                  process.                                                viability of this power have been a major             the magnitude of large required
                                                     Comment: The Corps of Engineers’                     concern for the past several years.                   payments; and
                                                  refusal to abide by the statutory                       Coupled with more frequent reductions                    Two, for large required payments, use
                                                  provisions of the Dam Safety Act creates                in Cumberland System power                            the concept of planned capitalized
                                                  liability for the federal family because of             production and decreases in                           deficits to spread the costs of those
                                                  the agency’s admitted and flagrant                      hydropower unit availability, these                   required single-year payments over a
                                                  disavowal of its statutory duty.                        increases in cost are aggravating and                 five-year period.
                                                     The Corps of Engineers has no legal                  jeopardizing the future of this program.                 Response: The comment refers to the
                                                  authority to recover the costs of its dam                  Response: Consistent with applicable               approach used within the repayment
                                                  safety program from hydropower                          law, Southeastern strives to ensure that              study used to develop an optimized
                                                  customers.                                              the rates for Cumberland System power                 plan for repayment of the federal
                                                     Response: Recovery of the costs of the               remain competitive with the customers’                investment. Forced payments are
                                                  Corps of Engineers projects from surplus                resource alternatives. Marketing                      normally used to override the normal
                                                  power is within the authority of                        arrangements in the Cumberland System                 priority of repayment when a lower-
                                                  Department of Energy as provided by                     cover diverse markets and include                     interest rate investment is reaching its
                                                  the Flood Control Act of 1944 and the                   diverse products. The existing                        required repayment date. Under highest
                                                  Department of Energy Organization Act.                  marketing arrangements have been in                   interest first repayment, Southeastern
                                                  Southeastern is finalizing a rate                       place since the power marketing policy                defers repayment of the lowest interest
                                                  calculation that applies the cost sharing               for the Cumberland System was                         rate investment to the extent possible
                                                  provision of the Dam Safety Act to the                  established in 1983.                                  while meeting repayment criteria. This
                                                  repair costs at Wolf Creek and Center                      Southeastern has incorporated a true-              achieves a lower revenue requirement.
                                                  Hill. However, Southeastern wishes to                   up mechanism in these rate schedules to                  Capitalized deficits are incurred when
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                                                  make clear that interagency discussions                 reduce the initial rate adjustment to a               Southeastern does not have sufficient
                                                  of this issue remain ongoing. If, as a                  seven percent increase in the revenue                 revenue to cover annual operating
                                                  result of those discussions, other                      requirement. This has been included to                expenses and interest or meet a required
                                                  relevant federal agencies provide a                     improve the competitiveness of the rate.              payment. Generally, Southeastern does
                                                  factual and legal basis for a contrary                                                                        not plan to incur capitalized deficits as
                                                  determination, the applicability of the                 5. Revenue Requirement Mitigation                     part of rate adjustment. The proposed
                                                  Dam Safety Act would be reconsidered.                      Comment: [Commenter] would                         rates do not include capitalized deficits,
                                                  Any such reconsideration would be the                   propose an approach where we pay our                  which would be inconsistent with the


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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                          59745

                                                  general requirement of DOE Order                        1969, the proposed action is not a major              the Customer at the Barkley Project
                                                  RA6120.2.                                               Federal action for which preparation of               Switchyard, at a delivery point in the
                                                                                                          an Environmental Impact Statement is                  vicinity of the Paradise steam plant and
                                                  6. Capital Cost Recovery
                                                                                                          required.                                             at such other points of delivery as may
                                                     Comment: [Commenter] suggests                                                                              hereafter be agreed upon by the
                                                  SEPA explore capital cost recovery                      Availability of Information
                                                                                                                                                                Government and Tennessee Valley
                                                  alternatives within its rate-making                       Information regarding these rates,                  Authority (TVA).
                                                  authority with the goal remaining to                    including studies, and other supporting                  Billing Month: The billing month for
                                                  keep rates as low as possible for as long               materials, is available for public review             power sold under this schedule shall
                                                  as possible. SEPA should consider a                     in the offices of Southeastern Power                  end at 2400 hours CDT or CST,
                                                  true-up rate as an alternative.                         Administration, 1166 Athens Tech                      whichever is currently effective, on the
                                                     Response: Southeastern staff proposed                Road, Elberton, Georgia 30635–6711.                   last day of each calendar month.
                                                  to employ an annual true-up to alter the                                                                         Conditions of Service: The Customer
                                                  rate each April accounting for actual                   Submission to the Federal Energy
                                                                                                                                                                shall at its own expense provide, install,
                                                  hydropower investment completed and                     Regulatory Commission                                 and maintain on its side of each
                                                  placed in service the prior fiscal year. A                The rates hereinafter confirmed and                 delivery point the equipment necessary
                                                  similar mechanism proved successful in                  approved on an interim basis, together                to protect and control its own system. In
                                                  the Kerr-Philpott System to address                     with supporting documents, will be                    so doing, the installation, adjustment,
                                                  planned infrastructure rehabilitation.                  submitted promptly to FERC for                        and setting of all such control and
                                                  Comments supported or were silent                       confirmation and approval on a final                  protective equipment at or near the
                                                  with regard to enacting a true-up and                   basis.                                                point of delivery shall be coordinated
                                                  Southeastern proposes to affect a true-                                                                       with that which is installed by and at
                                                                                                          Order
                                                  up instrument to improve Federal                                                                              the expense of TVA on its side of the
                                                  hydropower’s competitiveness in the                        In view of the foregoing and pursuant              delivery point.
                                                  energy market.                                          to the authority delegated to me by the                  Rate Alternatives: Southeastern Power
                                                                                                          Secretary of Energy, I hereby confirm                 Administration (Southeastern) is
                                                  7. Transmission Arrangements                            and approve on an interim basis,                      including three rate alternatives. All of
                                                     Comment: We would suggest SEPA                       effective October 1, 2015, attached                   the rate alternatives have an initial base
                                                  explore an agreement with TVA that                      Wholesale Power Rate Schedules CBR–                   annual revenue requirement of
                                                  more closely resembles the transmission                 1–I, CSI–1–I, CEK–1–I, CM–1–I, CC–1–                  $63,500,000, including transmission
                                                  service that SEPA now receives from                     J, CK–1–I, CTV–1–I, CTVI–1–B, and                     and non-power revenue. The initial base
                                                  TVA, delivering power to discrete                       Replacement-3. The rate schedules shall               annual revenue requirement from the
                                                  delivery points from a network of                       remain in effect on an interim basis                  sale of capacity and energy is
                                                  resources or generation resources. We                   through September 30, 2020, unless                    $50,235,000. The initial base revenue
                                                  think the service you’ve received for                   such period is extended or until FERC                 requirements will be subject to annual
                                                  years has been more of a network                        confirms and approves them or                         true-up adjustment described below.
                                                  service.                                                substitute rate schedules on a final
                                                     Response: Southeastern will discuss                  basis.                                                Rate Scenario 1—Revised Interim
                                                  transmission service options with TVA                                                                         Operating Plan
                                                                                                            Dated: September 25, 2015.
                                                  in an effort to secure the most                                                                                  The final marketing policy for the
                                                  economical delivery method for our                      Elizabeth Sherwood-Randall,
                                                                                                          Deputy Secretary.                                     Cumberland System was published in
                                                  customers.                                                                                                    the Federal Register August 5, 1993 (58
                                                                                                          Wholesale Power Rate Schedule                         FR 41762). The marketing policy for the
                                                  Discussion
                                                                                                          CBR–1–I                                               Cumberland System of Projects provides
                                                  System Repayment                                           Availability: This rate schedule shall             peaking capacity, along with 1500 hours
                                                    An examination of Southeastern’s                      be available to Big Rivers Electric                   of energy annually with each kilowatt of
                                                  revised system power repayment study,                   Corporation and the City of Henderson,                capacity, to customers outside the TVA
                                                  prepared in August, 2015, for the                       Kentucky (hereinafter called the                      transmission system. Due to restrictions
                                                  Cumberland System, shows that with                      Customer).                                            on the operation of the Center Hill
                                                  the rates established in this notice, all                  Applicability: This rate schedule shall            Project imposed by the U.S. Army Corps
                                                  system power costs are paid within the                  be applicable to electric capacity and                of Engineers (Corps) as a precaution to
                                                  50-year repayment period, as required                   energy available from the Dale Hollow,                prevent failure of the dam, Southeastern
                                                  by existing law and DOE Order RA                        Center Hill, Wolf Creek, Cheatham, Old                is not able to provide the full allocation
                                                  6120.2. The Administrator of                            Hickory, Barkley, J. Percy Priest, and                of peaking capacity to these customers.
                                                  Southeastern has certified that the rates               Cordell Hull Projects (all of such                    Southeastern implemented a Revised
                                                  are consistent with applicable law and                  projects being hereinafter called                     Interim Operating Plan for the
                                                  that they are the lowest possible rates to              collectively the ‘‘Cumberland Projects’’)             Cumberland System to provide these
                                                  customers consistent with sound                         and sold in wholesale quantities.                     customers with a reduced amount of
                                                  business principles.                                       Character of Service: The electric                 energy and a reduced amount of
                                                                                                          capacity and energy supplied hereunder                capacity. The rates under this Scenario
                                                  Environmental Impact                                    will be three-phase alternating current               1 will remain in effect for the duration
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                                                     Southeastern has reviewed the                        at a nominal frequency of 60 hertz. The               of the Revised Interim Operating Plan.
                                                  possible environmental impacts of the                   power shall be delivered at nominal                   The initial base rates for capacity and
                                                  rate adjustment under consideration and                 voltages of 13,800 volts and 161,000                  energy will be subject to annual true-up
                                                  has concluded that, because the                         volts to the transmission system of Big               adjustment described below.
                                                  adjusted rates would not significantly                  Rivers Electric Corporation.                             Monthly Rate:
                                                  affect the quality of the human                            Points of Delivery: Capacity and                      The initial monthly base rate for
                                                  environment within the meaning of the                   energy delivered to the Customer will be              capacity and energy sold under this rate
                                                  National Environmental Policy Act of                    delivered at points of interconnection of             schedule shall be:


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                                                  59746                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                     Initial Base Demand charge: $1.902                   determined at the time. Under Scenario                  Southeastern will give written notice
                                                  per kilowatt per month                                  2, the cost of the TVA transmission                   to the Customer of the amount of the
                                                     Initial Base Energy Charge: 12.35                    credit will be passed to customers                    true-up by February 1 of each year.
                                                  mills per kilowatt-hour                                 outside the TVA System. This rate                       Transmission Charge: Monthly TVA
                                                     True-up Adjustment: The Base                         alternative will be in effect if                      Transmission Charge divided by
                                                  Capacity Charge and Base Energy                         Southeastern chooses to modify the
                                                  Charge will be subject to annual                                                                              545,000.
                                                                                                          Revised Interim Operating Plan.
                                                  adjustment on April 1 of each year                         The annual revenue requirement and                   Energy to be Furnished by the
                                                  based on transfers of specific power                    rates under this scenario 2 will be                   Government: The Government shall
                                                  investment to plant-in-service for the                  subject to annual adjustment on April 1               make available each contract year to the
                                                  preceding Fiscal Year. Under this                       of each year based on transfers of                    Customer from the Projects through the
                                                  scenario the adjustment will be for each                specific power investment to plant-in-                Customer’s interconnections with TVA
                                                  increase of $1,000,000 to specific power                service for the preceding Fiscal Year.                and the Customer will schedule and
                                                  plant-in-service an increase of $0.001                  Under this scenario 2, the adjustment is              accept an allocation of 1500 kilowatt-
                                                  per kilowatt per month added to the                     an increase of $53,000 per year to the                hours of energy delivered at the TVA
                                                  base capacity charge and 0.02 mills per                 annual revenue requirement for each                   border for each kilowatt of contract
                                                  kilowatt-hour added to the base energy                  increase of $1,000,000 to specific power              demand. A contract year is defined as
                                                  rate.                                                   plant-in-service. Southeastern will give
                                                     Southeastern will give written notice                                                                      the 12 months beginning July 1 and
                                                                                                          written notice to the Customer of the                 ending at midnight June 30 of the
                                                  to the Customer of the amount of the                    amount of the true-up by February 1 of
                                                  true-up by February 1 of each year.                                                                           following calendar year. The energy
                                                                                                          each year.                                            made available for a contract year shall
                                                     Transmission: The Customer will pay
                                                  a ratable percent listed below of the         Rate Scenario 3—Original Cumberland                             be scheduled monthly such that the
                                                  credit the Administrator of Southeastern      Marketing Policy                                                maximum amount scheduled in any
                                                  Power Administration (Administrator)                                                                          month shall not exceed 240 hours per
                                                                                                   The third rate alternative will go into
                                                  provides to the TVA as consideration for                                                                      kilowatt of the Customer’s contract
                                                                                                effect once the Corps lifts all restrictions
                                                  delivering capacity and energy for the                                                                        demand and the minimum amount
                                                                                                on the operation of the Center Hill Dam
                                                  account of the Administrator to points                                                                        scheduled in any month shall not be
                                                                                                and Southeastern returns to operations
                                                  of delivery of customers outside the                                                                          less than 60 hours per kilowatt of the
                                                                                                that support the published marketing
                                                  TVA System or interconnection points                                                                          customer’s contract demand. The
                                                                                                policy. The initial base rates for
                                                  of delivery with other electric systems                                                                       Customer may request and the
                                                                                                capacity, energy, and additional energy
                                                  for the benefit of customers outside the                                                                      Government may approve energy
                                                                                                will be subject to annual true-up
                                                  TVA System, as agreed by contract             adjustment described below.                                     scheduled for a month greater than 240
                                                  between the Administrator and TVA.               Monthly Rate:                                                hours per kilowatt of the Customer’s
                                                                                                   The initial monthly base rate for                            contract demand; provided, that the
                                                                                       Percent  capacity and energy sold under this rate                        combined schedule of all Southeastern
                                                                                                                                                                customers outside TVA and served by
                                                  Big Rivers Electric Corporation ....  32.660 schedule shall be:                                               TVA does not exceed 240 hours per
                                                  City of Henderson, Kentucky ........    2.202    Initial Base Demand charge (includes
                                                                                                1500 hours of energy annually): $3.115                          kilowatt of the total contract demands of
                                                                                                per kilowatt/month of total contract                            these customers.
                                                  Rate Scenario 2—Modified Revised
                                                  Interim Operating Plan                        demand.                                                           Service Interruption: When delivery
                                                                                                   Initial Base Energy Charge: None.                            of capacity is interrupted or reduced
                                                     This rate alternative will be
                                                                                                   Initial Base Additional Energy Charge:                       due to conditions on the
                                                  implemented if a portion of the
                                                                                                                                                                Administrator’s system beyond his
                                                  Cumberland Capacity can be scheduled, 1.612 mills per kilowatt-hour.
                                                  though not all the capacity in the               True-up Adjustment: The base                                 control, the Administrator will continue
                                                  published marketing policy can be             demand charge and base additional                               to make available the portion of his
                                                  scheduled. The initial base annual            energy charge under this scenario will                          declaration of energy that can be
                                                  revenue requirement under this                be subject to annual adjustment on                              generated with the capacity available.
                                                  alternative is $63,500,000, including         April 1 of each year based on transfers                           For such interruption or reduction
                                                  transmission and non-power revenue,           to specific power plant-in-service.                             due to conditions on the
                                                  the same as the annual revenue                Under this scenario 3, the adjustment is                        Administrator’s system which have not
                                                  requirement in Scenarios 1 and 3. The         for each increase of $1,000,000 to                              been arranged for and agreed to in
                                                  annual revenue requirement from the           specific power plant-in-service an                              advance, the demand charge for
                                                  sale of capacity and energy is                increase of $0.003 per kilowatt per                             capacity made available will be reduced
                                                  $50,235,000. This Rate Scenario 2 will        month added to the base Capacity rate                           as to the kilowatts of such capacity
                                                  receive revenues from capacity that can       and an increase of 0.012 mills per                              which have been interrupted or reduced
                                                  be scheduled and the remainder from           kilowatt-hour added to the additional                           in accordance with the following
                                                  energy, at charges that will be               energy rate.                                                    formula:
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                                                                                                                                                                                                            EN02OC15.012</GPH>




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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                            59747

                                                  Wholesale Power Rate Schedule                           Interim Operating Plan for the                        credit will be passed to customers
                                                  CSI–1–I                                                 Cumberland System to provide these                    outside the TVA System. This rate
                                                     Availability: This rate schedule shall               customers with a reduced amount of                    alternative will be in effect if
                                                  be available to Southern Illinois Power                 energy and a reduced amount of                        Southeastern chooses to modify the
                                                  Cooperative (hereinafter the Customer).                 capacity. The rates under this Scenario               Revised Interim Operating Plan.
                                                     Applicability: This rate schedule shall              1 will remain in effect for the duration                 The annual revenue requirement and
                                                  be applicable to electric capacity and                  of the Revised Interim Operating Plan.                rates under this scenario 2 will be
                                                  energy available from the Dale Hollow,                  The initial base rates for capacity and               subject to annual adjustment on April 1
                                                  Center Hill, Wolf Creek, Cheatham, Old                  energy will be subject to annual true-up              of each year based on transfers of
                                                                                                          adjustment described below.                           specific power investment to plant-in-
                                                  Hickory, Barkley, J. Percy Priest, and
                                                                                                            Monthly Rate: The initial monthly                   service for the preceding Fiscal Year.
                                                  Cordell Hull Projects (all of such
                                                                                                          base rate for capacity and energy sold                Under this scenario 2, the adjustment is
                                                  projects being hereinafter called                       under this rate schedule shall be:
                                                  collectively the ‘‘Cumberland Projects’’)                                                                     an increase of $53,000 per year to the
                                                                                                            Initial Base Demand charge: $1.902                  annual revenue requirement for each
                                                  and sold in wholesale quantities.                       per kilowatt per month.
                                                     Character of Service: The electric                                                                         increase of $1,000,000 to specific power
                                                                                                            Initial Base Energy Charge: 12.35                   plant-in-service. Southeastern will give
                                                  capacity and energy supplied hereunder                  mills per kilowatt-hour.
                                                  will be three-phase alternating current                                                                       written notice to the Customer of the
                                                                                                            True-up Adjustment: The Base                        amount of the true-up by February 1 of
                                                  at a nominal frequency of 60 hertz. The                 Capacity Charge and Base Energy
                                                  power shall be delivered at nominal                                                                           each year.
                                                                                                          Charge will be subject to annual
                                                  voltages of 13,800 volts and 161,000                    adjustment on April 1 of each year                    Rate Scenario 3—Original Cumberland
                                                  volts to the transmission system of Big                 based on transfers of specific power                  Marketing Policy
                                                  Rivers Electric Corporation.                            investment to plant-in-service for the                   The third rate alternative will go into
                                                     Points of Delivery: Capacity and                     preceding Fiscal Year. Under this                     effect once the Corps lifts all restrictions
                                                  energy delivered to the Customer will be                scenario the adjustment will be for each              on the operation of the Center Hill Dam
                                                  delivered at points of interconnection of               increase of $1,000,000 to specific power              and Southeastern returns to operations
                                                  the Customer at the Barkley Project                     plant-in-service an increase of $0.001                that support the published marketing
                                                  Switchyard, at a delivery point in the                  per kilowatt per month added to the                   policy. The initial base rates for
                                                  vicinity of the Paradise steam plant and                base capacity charge and 0.02 mills per               capacity, energy, and additional energy
                                                  at such other points of delivery as may                 kilowatt-hour added to the base energy                will be subject to annual true-up
                                                  hereafter be agreed upon by the                         rate.                                                 adjustment described below.
                                                  Government and Tennessee Valley                           Southeastern will give written notice                  Monthly Rate: The initial monthly
                                                  Authority (TVA).                                        to the Customer of the amount of the                  base rate for capacity and energy sold
                                                     Billing Month: The billing month for                 true-up by February 1 of each year.                   under this rate schedule shall be:
                                                  power sold under this schedule shall                      Transmission Charge: The Customer                      Initial Base Demand charge (includes
                                                  end at 2400 hours CDT or CST,                           will pay 5.138 percent of the credit the              1500 hours of energy annually): $3.115
                                                  whichever is currently effective, on the                Administrator of Southeastern Power                   per kilowatt/month of total contract
                                                  last day of each calendar month.                        Administration (Administrator)                        demand.
                                                     Rate Alternatives: Southeastern Power                provides to the TVA as consideration for                 Initial Base Energy Charge: None.
                                                  Administration (Southeastern) is                        delivering capacity and energy for the                   Initial Base Additional Energy Charge:
                                                  including three rate alternatives. All of               account of the Administrator to points                11.612 mills per kilowatt-hour
                                                  the rate alternatives have an initial base              of delivery of customers outside the                     True-up Adjustment: The base
                                                  annual revenue requirement of                           TVA System or interconnection points                  demand charge and base additional
                                                  $63,500,000, including transmission                     of delivery with other electric systems               energy charge under this scenario will
                                                  and non-power revenue. The initial base                 for the benefit of customers outside the              be subject to annual adjustment on
                                                  annual revenue requirement from the                     TVA System, as agreed by contract                     April 1 of each year based on transfers
                                                  sale of capacity and energy is                          between the Administrator and TVA.                    to specific power plant-in-service.
                                                  $50,235,000. The initial base revenue                                                                         Under this scenario 3, the adjustment is
                                                  requirements will be subject to annual                  Rate Scenario 2—Modified Revised
                                                                                                                                                                for each increase of $1,000,000 to
                                                  true-up adjustment described below.                     Interim Operating Plan
                                                                                                                                                                specific power plant-in-service an
                                                                                                             This rate alternative will be                      increase of $0.003 per kilowatt per
                                                  Rate Scenario 1—Revised Interim                         implemented if a portion of the
                                                  Operating Plan                                                                                                month added to the base Capacity rate
                                                                                                          Cumberland Capacity can be scheduled,                 and an increase of 0.012 mills per
                                                     The final marketing policy for the                   though not all the capacity in the                    kilowatt-hour added to the additional
                                                  Cumberland System was published in                      published marketing policy can be                     energy rate.
                                                  the Federal Register August 5, 1993 (58                 scheduled. The initial base annual                       Southeastern will give written notice
                                                  FR 41762). The marketing policy for the                 revenue requirement under this                        to the Customer of the amount of the
                                                  Cumberland System of Projects provides                  alternative is $63,500,000, including                 true-up by February 1 of each year.
                                                  peaking capacity, along with 1500 hours                 transmission and non-power revenue,                      Transmission Charge: Monthly TVA
                                                  of energy annually with each kilowatt of                the same as the annual revenue                        Transmission Charge divided by
                                                  capacity, to customers outside the TVA                  requirement in Scenarios 1 and 3. The                 545,000.
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                                                  transmission system. Due to restrictions                annual revenue requirement from the                      Energy to be Furnished by the
                                                  on the operation of the Center Hill                     sale of capacity and energy is                        Government: The Government shall
                                                  Project imposed by the U.S. Army Corps                  $50,235,000. This Rate Scenario 2 will                make available each contract year to the
                                                  of Engineers (Corps) as a precaution to                 receive revenues from capacity that can               Customer from the Projects through the
                                                  prevent failure of the dam, Southeastern                be scheduled and the remainder from                   Customer’s interconnections with TVA
                                                  is not able to provide the full allocation              energy, at charges that will be                       and the Customer will schedule and
                                                  of peaking capacity to these customers.                 determined at the time. Under Scenario                accept an allocation of 1500 kilowatt-
                                                  Southeastern implemented a Revised                      2, the cost of the TVA transmission                   hours of energy delivered at the TVA


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                                                  59748                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  border for each kilowatt of contract                    Customer may request and the                          control, the Administrator will continue
                                                  demand. A contract year is defined as                   Government may approve energy                         to make available the portion of his
                                                  the 12 months beginning July 1 and                      scheduled for a month greater than 240                declaration of energy that can be
                                                  ending at midnight June 30 of the                       hours per kilowatt of the Customer’s                  generated with the capacity available.
                                                  following calendar year. The energy                     contract demand; provided, that the                     For such interruption or reduction
                                                  made available for a contract year shall                combined schedule of all Southeastern                 due to conditions on the
                                                  be scheduled monthly such that the                      customers outside TVA and served by                   Administrator’s system which have not
                                                  maximum amount scheduled in any                         TVA does not exceed 240 hours per                     been arranged for and agreed to in
                                                  month shall not exceed 240 hours per                    kilowatt of the total contract demands of             advance, the demand charge for
                                                  kilowatt of the Customer’s contract                     these customers.                                      capacity made available will be reduced
                                                  demand and the minimum amount                             Service Interruption: When delivery                 as to the kilowatts of such capacity
                                                  scheduled in any month shall not be                     of capacity is interrupted or reduced                 which have been interrupted or reduced
                                                  less than 60 hours per kilowatt of the                  due to conditions on the                              in accordance with the following
                                                  customer’s contract demand. The                         Administrator’s system beyond his                     formula:




                                                  Wholesale Power Rate Schedule                           Authority (TVA) on its side of the                      Monthly Rate: The initial monthly
                                                  CEK–1–I                                                 delivery point.                                       base rate for capacity and energy sold
                                                     Availability: This rate schedule shall                 Rate Alternatives: Southeastern Power               under this rate schedule shall be:
                                                  be available to East Kentucky Power                     Administration (Southeastern) is                        Initial Base Demand charge: $1.902
                                                  Cooperative (hereinafter called the                     including three rate alternatives. All of             per kilowatt per month.
                                                  Customer).                                                                                                      Initial Base Energy Charge: 12.35
                                                                                                          the rate alternatives have an initial base
                                                     Applicability: This rate schedule shall                                                                    mills per kilowatt-hour.
                                                                                                          annual revenue requirement of
                                                  be applicable to electric capacity and                                                                          True-up Adjustment: The Base
                                                                                                          $63,500,000, including transmission                   Capacity Charge and Base Energy
                                                  energy available from the Dale Hollow,                  and non-power revenue. The initial base
                                                  Center Hill, Wolf Creek, Cheatham, Old                                                                        Charge will be subject to annual
                                                                                                          annual revenue requirement from the                   adjustment on April 1 of each year
                                                  Hickory, Barkley, J. Percy Priest, and
                                                                                                          sale of capacity and energy is                        based on transfers of specific power
                                                  Cordell Hull Projects (all of such
                                                                                                          $50,235,000. The initial base revenue                 investment to plant-in-service for the
                                                  projects being hereinafter called
                                                                                                          requirements will be subject to annual                preceding Fiscal Year. Under this
                                                  collectively the ‘‘Cumberland Projects’’)
                                                  and power available from the Laurel                     true-up adjustment described below.                   scenario the adjustment will be for each
                                                  Project and sold in wholesale quantities.               Rate Scenario 1—Revised Interim                       increase of $1,000,000 to specific power
                                                     Character of Service: The electric                   Operating Plan                                        plant-in-service an increase of $0.001
                                                  capacity and energy supplied hereunder                                                                        per kilowatt per month added to the
                                                  will be three-phase alternating current                    The final marketing policy for the                 base capacity charge and 0.02 mills per
                                                  at a nominal frequency of 60 hertz. The                 Cumberland System was published in                    kilowatt-hour added to the base energy
                                                  power shall be delivered at nominal                     the Federal Register August 5, 1993 (58               rate.
                                                  voltages of 161,000 volts to the                        FR 41762). The marketing policy for the                 Southeastern will give written notice
                                                  transmission systems of the Customer.                   Cumberland System of Projects provides                to the Customer of the amount of the
                                                     Points of Delivery: The points of                    peaking capacity, along with 1500 hours               true-up by February 1 of each year.
                                                  delivery will be the 161,000 volt bus of                of energy annually with each kilowatt of                Transmission: The Customer will pay
                                                  the Wolf Creek Power Plant and the                      capacity, to customers outside the TVA                31.192 percent of the credit the
                                                  161,000 volt bus of the Laurel Project.                 transmission system. Due to restrictions              Administrator of Southeastern Power
                                                  Other points of delivery may be as                      on the operation of the Center Hill                   Administration (Administrator)
                                                  agreed upon.                                                                                                  provides to the TVA as consideration for
                                                                                                          Project imposed by the U.S. Army Corps
                                                     Billing Month: The billing month for                                                                       delivering capacity and energy for the
                                                                                                          of Engineers (Corps) as a precaution to
                                                  power sold under this schedule shall                                                                          account of the Administrator to points
                                                                                                          prevent failure of the dam, Southeastern
                                                  end at 2400 hours CDT or CST,                                                                                 of delivery of customers outside the
                                                  whichever is currently effective, on the                is not able to provide the full allocation
                                                                                                                                                                TVA System or interconnection points
                                                  last day of each calendar month.                        of peaking capacity to these customers.               of delivery with other electric systems
                                                     Conditions of Service: The Customer                  Southeastern implemented a Revised                    for the benefit customers outside the
                                                  shall, at its own expense, provide,                     Interim Operating Plan for the                        TVA System, as agreed by contract
                                                  install, and maintain on its side of each               Cumberland System to provide these                    between the Administrator and TVA.
                                                                                                          customers with a reduced amount of
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                                                  delivery point the equipment necessary
                                                  to protect and control its own system. In               energy and a reduced amount of                        Rate Scenario 2—Modified Revised
                                                  so doing, the installation, adjustment                  capacity. The rates under this Scenario               Interim Operating Plan
                                                  and setting of all such control and                     1 will remain in effect for the duration                This rate alternative will be
                                                  protective equipment at or near the                     of the Revised Interim Operating Plan.                implemented if a portion of the
                                                  point of delivery shall be coordinated                  The initial base rates for capacity and               Cumberland Capacity can be scheduled,
                                                  with that which is installed by and at                  energy will be subject to annual true-up              though not all the capacity in the
                                                                                                                                                                                                           EN02OC15.013</GPH>




                                                  the expense of the Tennessee Valley                     adjustment described below.                           published marketing policy can be


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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                          59749

                                                  scheduled. The initial base annual                        Initial Base Demand charge: $1.664                  midnight June 30 of the following
                                                  revenue requirement under this                          per kilowatt/month of total contract                  calendar year. The energy made
                                                  alternative is $63,500,000, including                   demand.                                               available for a contract year shall be
                                                  transmission and non-power revenue,                       Initial Base Energy Charge: 11.612                  scheduled monthly such that the
                                                  the same as the annual revenue                          mills per kilowatt-hour                               maximum amount scheduled in any
                                                  requirement in Scenarios 1 and 3. The                     True-up Adjustment: The base                        month shall not exceed 240 hours per
                                                  annual revenue requirement from the                     demand charge and base energy charge                  kilowatt of the Customer’s contract
                                                  sale of capacity and energy is                          under this scenario will be subject to                demand and the minimum amount
                                                  $50,235,000. The Rate Scenario 2 will                   annual adjustment on April 1 of each                  scheduled in any month shall not be
                                                  receive revenues from capacity that can                 year based on transfers to specific power             less than 60 hours per kilowatt of the
                                                  be scheduled and the remainder from                     plant-in-service. Under this scenario 3,              Customer’s contract demand. The
                                                  energy, at charges that will be                         the adjustment is for each increase of                Customer may request and the
                                                  determined at the time. Under Scenario                  $1,000,000 to specific power plant-in-                Government may approve energy
                                                  2, the cost of the TVA transmission                     service an increase of $ 0.003 per                    scheduled for a month greater than 240
                                                  credit will be passed to customers                      kilowatt per month added to the base                  hours per kilowatt of the customer’s
                                                  outside the TVA System. This rate                       Capacity rate and an increase of 0.012                contract demand; provided, that the
                                                  alternative will be in effect if                        mills per kilowatt-hour added to the                  combined schedule of all Southeastern
                                                  Southeastern chooses to modify the                      energy rate.                                          customers outside TVA and served by
                                                                                                            Southeastern will give written notice               TVA does not exceed 240 hours per
                                                  Revised Interim Operating Plan. The
                                                                                                          to the Customer of the amount of the                  kilowatt of the total contract demands of
                                                  initial base rates for capacity and energy
                                                                                                          true-up by February 1 of each year.                   these customers.
                                                  will be subject to annual true-up                         Transmission Charge: Monthly TVA
                                                  adjustment described in the true-up                                                                             Service Interruption: When delivery
                                                                                                          Transmission Charge divided by                        of capacity is interrupted or reduced
                                                  section of this rate schedule.                          545,000.                                              due to conditions on the
                                                  Rate Scenario 3—Original Cumberland                       Energy to be Furnished by the                       Administrator’s system beyond his
                                                  Marketing Policy                                        Government: The Government shall                      control, the Administrator will continue
                                                                                                          make available each contract year to the              to make available the portion of his
                                                     The third rate alternative will go into              Customer from the Projects through the                declaration of energy that can be
                                                  effect once the Corps lifts all restrictions            Customer’s interconnections with TVA                  generated with the capacity available.
                                                  on the operation of the Center Hill Dam                 and the Customer will schedule and                      For such interruption or reduction
                                                  and Southeastern returns to operations                  accept an allocation of 1500 kilowatt-                due to conditions on the
                                                  that support the published marketing                    hours of energy delivered at the TVA                  Administrator’s system which have not
                                                  policy. The initial base rates for                      border for each kilowatt of contract                  been arranged for and agreed to in
                                                  capacity, energy, and additional energy                 demand plus 369 kilowatt-hours of                     advance, the demand charge for
                                                  will be subject to annual true-up                       energy delivered for each kilowatt of                 capacity made available will be reduced
                                                  adjustment described below.                             contract demand to supplement energy                  as to the kilowatts of such capacity
                                                     Monthly Rate: The initial monthly                    available at the Laurel Project. A                    which have been interrupted or reduced
                                                  base rate for capacity and energy sold                  contract year is defined as the 12                    in accordance with the following
                                                  under this rate schedule shall be:                      months beginning July 1 and ending at                 formula:




                                                  Wholesale Power Rate Schedule                           will be three-phase alternating current               including three rate alternatives. All of
                                                  CM–1–I                                                  at a nominal frequency of 60 hertz. The               the rate alternatives have an initial base
                                                                                                          power shall be delivered at nominal                   annual revenue requirement of
                                                    Availability: This rate schedule shall
                                                                                                          voltages of 161,000 volts to the                      $63,500,000, including transmission
                                                  be available to the South Mississippi
                                                                                                          transmission systems of Mississippi                   and non-power revenue. The initial base
                                                  Electric Power Association, Municipal
                                                                                                          Power and Light.                                      annual revenue requirement from the
                                                  Energy Agency of Mississippi, and                          Points of Delivery: The points of
                                                  Mississippi Delta Energy Agency                                                                               sale of capacity and energy is
                                                                                                          delivery will be at interconnection                   $50,235,000. The initial base revenue
                                                  (hereinafter called the Customers).                     points of the Tennessee Valley
                                                    Applicability: This rate schedule shall                                                                     requirements will be subject to annual
                                                                                                          Authority (TVA) system and the                        true-up adjustment described below.
                                                  be applicable to electric capacity and                  Mississippi Power and Light system.
                                                  energy available from the Dale Hollow,                  Other points of delivery may be as                    Rate Scenario 1—Revised Interim
                                                  Center Hill, Wolf Creek, Cheatham, Old
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                                                                                                          agreed upon.                                          Operating Plan
                                                  Hickory, Barkley, J. Percy Priest, and                     Billing Month: The billing month for
                                                  Cordell Hull Projects (all of such                      power sold under this schedule shall                    The final marketing policy for the
                                                  projects being hereinafter called                       end at 2400 hours CDT or CST,                         Cumberland System was published in
                                                  collectively the ‘‘Cumberland Projects’’)               whichever is currently effective on the               the Federal Register August 5, 1993 (58
                                                  and sold in wholesale quantities.                       last day of each calendar month.                      FR 41762). The marketing policy for the
                                                    Character of Service: The electric                       Rate Alternatives: Southeastern Power              Cumberland System of Projects provides
                                                                                                                                                                                                             EN02OC15.014</GPH>




                                                  capacity and energy supplied hereunder                  Administration (Southeastern) is                      peaking capacity, along with 1500 hours


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                                                  59750                                  Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  of energy annually with each kilowatt of                        Rate Scenario 2—Modified Revised                      Under this scenario 3, the adjustment is
                                                  capacity, to customers outside the TVA                          Interim Operating Plan                                for each increase of $1,000,000 to
                                                  transmission system. Due to restrictions                           This rate alternative will be                      specific power plant-in-service an
                                                  on the operation of the Center Hill                             implemented if a portion of the                       increase of $ 0.003 per kilowatt per
                                                  Project imposed by the U. S. Army                               Cumberland Capacity can be scheduled,                 month added to the base Capacity rate
                                                  Corps of Engineers (Corps) as a                                 though not all the capacity in the                    and an increase of 0.012 mills per
                                                  precaution to prevent failure of the dam,                       published marketing policy can be                     kilowatt-hour added to the additional
                                                  Southeastern is not able to provide the                                                                               energy rate.
                                                                                                                  scheduled. The initial base annual
                                                  full allocation of peaking capacity to                                                                                  Southeastern will give written notice
                                                                                                                  revenue requirement under this
                                                  these customers. Southeastern                                                                                         to the Customers of the amount of the
                                                                                                                  alternative is $63,500,000, including                 true-up by February 1 of each year.
                                                  implemented a Revised Interim                                   transmission and non-power revenue,
                                                  Operating Plan for the Cumberland                                                                                       Transmission Charge: Monthly TVA
                                                                                                                  the same as the annual revenue                        Transmission Charge divided by
                                                  System to provide these customers with                          requirement in Scenarios 1 and 3. The
                                                  a reduced amount of energy and a                                                                                      545,000.
                                                                                                                  annual revenue requirement from the                     Energy to be Furnished by the
                                                  reduced amount of capacity. The rates                           sale of capacity and energy is
                                                  under this Scenario 1 will remain in                                                                                  Government: The Government shall
                                                                                                                  $50,235,000. This Rate Scenario 2 will                make available each contract year to the
                                                  effect for the duration of the Revised                          receive revenues from capacity that can
                                                  Interim Operating Plan. The initial base                                                                              Customer from the Projects through the
                                                                                                                  be scheduled and the remainder from                   Customer’s interconnections with TVA
                                                  rates for capacity and energy will be                           energy, at charges that will be
                                                  subject to annual true-up adjustment                                                                                  and the Customer will schedule and
                                                                                                                  determined at the time. Under Scenario                accept an allocation of 1500 kilowatt-
                                                  described below.                                                2, the cost of the TVA transmission                   hours of energy delivered at the TVA
                                                     Monthly Rate: The initial monthly                            credit will be passed to customers                    border for each kilowatt of contract
                                                  base rate for capacity and energy sold                          outside the TVA System. This rate                     demand. A contract year is defined as
                                                  under this rate schedule shall be:                              alternative will be in effect if                      the 12 months beginning July 1 and
                                                     Initial Base Demand charge: $1.902                           Southeastern chooses to modify the                    ending at midnight June 30 of the
                                                  per kilowatt per month.                                         Revised Interim Operating Plan.                       following calendar year. The energy
                                                                                                                     The annual revenue requirement and                 made available for a contract year shall
                                                     Initial Base Energy Charge: 12.35                            rates under this scenario 2 will be                   be scheduled monthly such that the
                                                  mills per kilowatt-hour.                                        subject to annual adjustment on April 1               maximum amount scheduled in any
                                                     True-up Adjustment: The Base                                 of each year based on transfers of                    month shall not exceed 240 hours per
                                                  Capacity Charge and Base Energy                                 specific power investment to plant-in-                kilowatt of the Customer’s contract
                                                  Charge will be subject to annual                                service for the preceding Fiscal Year.                demand and the minimum amount
                                                  adjustment on April 1 of each year                              Under this scenario 2, the adjustment is              scheduled in any month shall not be
                                                  based on transfers of specific power                            an increase of $53,000 per year to the                less than 60 hours per kilowatt of the
                                                  investment to plant-in-service for the                          annual revenue requirement for each                   Customer’s contract demand. The
                                                  preceding Fiscal Year. Under this                               increase of $1,000,000 to specific power              Customer may request and the
                                                  scenario the adjustment will be for each                        plant-in-service. Southeastern will give              Government may approve energy
                                                  increase of $1,000,000 to specific power                        written notice to the Customers of the                scheduled for a month greater than 240
                                                  plant-in-service an increase of $0.001                          amount of the true-up by February 1 of                hours per kilowatt of the Customer’s
                                                  per kilowatt per month added to the                             each year.                                            contract demand; provided, that the
                                                  base capacity charge and 0.02 mills per                                                                               combined schedule of all Southeastern
                                                                                                                  Rate Scenario 3—Original Cumberland
                                                  kilowatt-hour added to the base energy                                                                                customers outside TVA and served by
                                                                                                                  Marketing Policy
                                                  rate.                                                                                                                 TVA does not exceed 240 hours per
                                                     Southeastern will give written notice                           The third rate alternative will go into            kilowatt of the total contract demands of
                                                  to the Customers of the amount of the                           effect once the Corps lifts all restrictions          these customers.
                                                  true-up by February 1 of each year.                             on the operation of the Center Hill Dam                 In the event that any portion of the
                                                                                                                  and Southeastern returns to operations                capacity allocated to the Customers is
                                                     Transmission Charge: The Customer                            that support the published marketing                  not initially delivered to the Customers
                                                  will pay a ratable percent listed below                         policy. The initial base rates for                    as of the beginning of a full contract
                                                  of the credit the Administrator of                              capacity, energy, and additional energy               year, the 1500 kilowatt hours shall be
                                                  Southeastern Power Administration                               will be subject to annual true-up                     reduced 1⁄12 for each month of that year
                                                  (Administrator) provides to the TVA as                          adjustment described below.                           prior to initial delivery of such capacity.
                                                  consideration for delivering capacity                              Monthly Rate: The initial monthly                    Service Interruption: When delivery
                                                  and energy for the account of the                               base rate for capacity and energy sold                of capacity is interrupted or reduced
                                                  Administrator to points of delivery of                          under this rate schedule shall be:                    due to conditions on the
                                                  customers outside the TVA System or                                Initial Base Demand charge (includes               Administrator’s system beyond his
                                                  interconnection points of delivery with                         1500 hours of energy annually): $3.115                control, the Administrator will continue
                                                  other electric systems for the benefit of                       per kilowatt/month of total contract                  to make available the portion of his
                                                  customers outside the TVA System, as                            demand.                                               declaration of energy that can be
                                                  agreed by contract between the                                     Initial Base Energy Charge: None.                  generated with the capacity available.
                                                  Administrator and TVA.
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                                                                                                                     Initial Base Additional Energy Charge:               For such interruption or reduction
                                                                                                                  11.612 mills per kilowatt-hour.                       due to conditions on the
                                                                                                      Percent        True-up Adjustment:The base                        Administrator’s system which have not
                                                                                                                  demand charge and base additional                     been arranged for and agreed to in
                                                  Mississippi Delta Energy Agency                        2.058
                                                                                                                  energy charge under this scenario will                advance, the demand charge for
                                                  Municipal Energy Agency of Mis-
                                                    sissippi ......................................      3.447
                                                                                                                  be subject to annual adjustment on                    capacity made available will be reduced
                                                  South Mississippi EPA .................                9.358
                                                                                                                  April 1 of each year based on transfers               as to the kilowatts of such capacity
                                                                                                                  to specific power plant-in-service.                   which have been interrupted or reduced


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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                                     59751

                                                  in accordance with the following
                                                  formula:




                                                  Wholesale Power Rate Schedule                           Cumberland System of Projects provides                of delivery with other electric systems
                                                  CC–1–J                                                  peaking capacity, along with 1500 hours               for the benefit of customers outside the
                                                     Availability: This rate schedule shall               of energy annually with each kilowatt of              TVA System, as agreed by contract
                                                  be available to public bodies and                       capacity, to customers outside the TVA                between the Administrator and TVA.
                                                  cooperatives served through the                         transmission system. Due to restrictions
                                                                                                          on the operation of the Center Hill                                                                Percent
                                                  facilities of Duke Energy Progress
                                                  (formerly known as Carolina Power &                     Project imposed by the U. S. Army
                                                                                                          Corps of Engineers (Corps) as a                       French Broad EMC .......................       1.713
                                                  Light Company), Western Division                                                                              Haywood EMC ..............................     0.501
                                                  (hereinafter called the Customers).                     precaution to prevent failure of the dam,             Town of Waynesville ....................       0.355
                                                     Applicability: This rate schedule shall              Southeastern is not able to provide the
                                                  be applicable to electric capacity and                  full allocation of peaking capacity to                   Duke Energy Progress Transmission
                                                  energy available from the Dale Hollow,                  these customers. Southeastern                         Charge: The Customer will pay a ratable
                                                  Center Hill, Wolf Creek, Cheatham, Old                  implemented a Revised Interim                         percent listed below of the charge for
                                                  Hickory, Barkley, J. Percy Priest, and                  Operating Plan for the Cumberland                     transmission service furnished by Duke
                                                  Cordell Hull Projects (all of such                      System to provide these customers with                Energy Progress, Western Division.
                                                  projects being hereinafter called                       a reduced amount of energy and a
                                                  collectively the ‘‘Cumberland Projects’’)               reduced amount of capacity. The rates                                                              Percent
                                                  and sold in wholesale quantities.                       under this Scenario 1 will remain in
                                                     Character of Service: The electric                   effect for the duration of the Revised                French Broad EMC .......................      66.667
                                                                                                          Interim Operating Plan. The initial base              Haywood EMC ..............................    19.512
                                                  capacity and energy supplied hereunder                                                                        Town of Waynesville ....................      13.821
                                                  will be three-phase alternating current                 rates for capacity and energy will be
                                                  at a nominal frequency of 60 hertz. The                 subject to annual true-up adjustment
                                                                                                          described below.                                      Rate Scenario 2—Modified Revised
                                                  power shall be delivered at nominal                                                                           Interim Operating Plan
                                                  voltages of 161,000 volts to the                           Monthly Rate: The initial monthly
                                                  transmission system of Duke Energy                      base rate for capacity and energy sold                   This rate alternative will be
                                                  Progress, Western Division.                             under this rate schedule shall be:                    implemented if a portion of the
                                                                                                             Initial Base Demand charge:                        Cumberland Capacity can be scheduled,
                                                     Points of Delivery: The points of
                                                  delivery will be at interconnecting                     $2.165 per kilowatt per month.                        though not all the capacity in the
                                                  points of the Tennessee Valley                             Initial Base Energy Charge: 12.35                  published marketing policy can be
                                                  Authority (TVA) system and the Duke                     mills per kilowatt-hour.                              scheduled. The initial base annual
                                                  Energy Progress, Western Division                          True-up Adjustment: The Base                       revenue requirement under this
                                                  system. Other points of delivery may be                 Capacity Charge and Base Energy                       alternative is $63,500,000, including
                                                  as agreed upon.                                         Charge will be subject to annual                      transmission and non-power revenue,
                                                     Billing Month: The billing month for                 adjustment on April 1 of each year                    the same as the annual revenue
                                                  power sold under this schedule shall                    based on transfers of specific power                  requirement in Scenarios 1 and 3. The
                                                  end at 2400 hours CDT or CST,                           investment to plant-in-service for the                annual revenue requirement from the
                                                  whichever is currently effective, on the                preceding Fiscal Year. Under this                     sale of capacity and energy is
                                                  last day of each calendar month.                        scenario the adjustment will be for each              $50,235,000. This Rate Scenario 2 will
                                                     Rate Alternatives: Southeastern Power                increase of $1,000,000 to specific power              receive revenues from capacity that can
                                                  Administration (Southeastern) is                        plant-in-service an increase of $0.001                be scheduled and the remainder from
                                                  including three rate alternatives. All of               per kilowatt per month added to the                   energy, at charges that will be
                                                  the rate alternatives have an initial base              base capacity charge and 0.02 mills per               determined at the time. Under Scenario
                                                  annual revenue requirement of                           kilowatt-hour added to the base energy                2, the cost of the TVA transmission
                                                  $63,500,000, including transmission                     rate.                                                 credit will be passed to customers
                                                  and non-power revenue. The initial base                    Southeastern will give written notice              outside the TVA System. This rate
                                                  annual revenue requirement from the                     to the Customers of the amount of the                 alternative will be in effect if
                                                  sale of capacity and energy is                          true-up by February 1 of each year.                   Southeastern chooses to modify the
                                                  $50,235,000. The initial base revenue                      TVA Transmission Charge: The                       Revised Interim Operating Plan.
                                                  requirements will be subject to annual                  Customer will pay a ratable percent                      The annual revenue requirement and
                                                                                                                                                                rates under this scenario 2 will be
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                                                  true-up adjustment described below.                     listed below of the credit the
                                                                                                          Administrator of Southeastern Power                   subject to annual adjustment on April 1
                                                  Rate Scenario 1—Revised Interim                         Administration (Administrator)                        of each year based on transfers of
                                                  Operating Plan                                          provides to the TVA as consideration for              specific power investment to plant-in-
                                                    The final marketing policy for the                    delivering capacity and energy for the                service for the preceding Fiscal Year.
                                                  Cumberland System was published in                      account of the Administrator to points                Under this scenario 2, the adjustment is
                                                  the Federal Register August 5, 1993 (58                 of delivery of customers outside the                  an increase of $53,000 per year to the
                                                                                                                                                                                                                       EN02OC15.015</GPH>




                                                  FR 41762). The marketing policy for the                 TVA System or interconnection points                  annual revenue requirement for each


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                                                  59752                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  increase of $1,000,000 to specific power                Progress (less applicable losses). The                on the operation of the Center Hill
                                                  plant-in-service. Southeastern will give                Customer’s contract demand and                        Project imposed by the U. S. Army
                                                  written notice to the Customers of the                  accompanying energy allocation will be                Corps of Engineers (Corps) as a
                                                  amount of the true-up by February 1 of                  divided pro rata among its individual                 precaution to prevent failure of the dam,
                                                  each year.                                              delivery points served from the Duke                  Southeastern is not able to provide the
                                                                                                          Energy Progress, Western Division                     full allocation of peaking capacity to
                                                  Rate Scenario 3—Original Cumberland                                                                           these customers. Southeastern
                                                                                                          transmission system.
                                                  Marketing Policy                                                                                              implemented a Revised Interim
                                                     The third rate alternative will go into              Wholesale Power Rate Schedule                         Operating Plan for the Cumberland
                                                  effect once the Corps lifts all restrictions            CK–1–I                                                System to provide these customers with
                                                  on the operation of the Center Hill Dam                    Availability: This rate schedule shall             a reduced amount of energy and a
                                                  and Southeastern returns to operations                  be available to public bodies served                  reduced amount of capacity. The rates
                                                  that support the published marketing                    through the facilities of Kentucky                    under this Scenario 1 will remain in
                                                  policy. The initial base rates for                      Utilities Company, (hereinafter called                effect for the duration of the Revised
                                                  capacity, energy, and additional energy                 the Customers.)                                       Interim Operating Plan. The initial base
                                                  will be subject to annual true-up                          Applicability: This rate schedule shall            rates for capacity and energy will be
                                                  adjustment described below.                             be applicable to electric capacity and                subject to annual true-up adjustment
                                                     Monthly Rate: The initial monthly                    energy available from the Dale Hollow,                described below.
                                                  base rate for capacity and energy sold                  Center Hill, Wolf Creek, Cheatham, Old                   Monthly Rate: The initial monthly
                                                  under this rate schedule shall be:                      Hickory, Barkley, J. Percy Priest, and                base rate for capacity and energy sold
                                                     Initial Base Demand charge (includes                 Cordell Hull Projects (all of such                    under this rate schedule shall be:
                                                  1500 hours of energy annually at the                    projects being hereinafter called                        Initial Base Demand charge: $1.902
                                                  TVA Border): $3.546 per kilowatt/month                  collectively the ‘‘Cumberland Projects’’)             per kilowatt per month.
                                                  of total contract demand.                               and sold in wholesale quantities.                        Initial Base Energy Charge: 12.35
                                                     Initial Base Energy Charge: None.                       Character of Service: The electric                 mills per kilowatt-hour.
                                                     Initial Base Additional Energy Charge:               capacity and energy supplied hereunder                   True-up Adjustment: The Base
                                                  11.612 mills per kilowatt-hour.                         will be three-phase alternating current               Capacity Charge and Base Energy
                                                                                                          at a nominal frequency of 60 hertz. The               Charge will be subject to annual
                                                     True-up Adjustment: The base                         power shall be delivered at nominal
                                                  demand charge and base additional                                                                             adjustment on April 1 of each year
                                                                                                          voltages of 161,000 volts to the                      based on transfers of specific power
                                                  energy charge under this scenario will                  transmission systems of Kentucky
                                                  be subject to annual adjustment on                                                                            investment to plant-in-service for the
                                                                                                          Utilities Company.                                    preceding Fiscal Year. Under this
                                                  April 1 of each year based on transfers                    Points of Delivery: The points of
                                                  to specific power plant-in-service.                                                                           scenario the adjustment will be for each
                                                                                                          delivery will be at interconnecting                   increase of $1,000,000 to specific power
                                                  Under this scenario 3, the adjustment is                points between the Tennessee Valley
                                                  for each increase of $1,000,000 to                                                                            plant-in-service an increase of $0.001
                                                                                                          Authority (TVA) system and the                        per kilowatt per month added to the
                                                  specific power plant-in-service an                      Kentucky Utilities Company system.
                                                  increase of $ 0.003 per kilowatt per                                                                          base capacity charge and 0.02 mills per
                                                                                                          Other points of delivery may be as                    kilowatt-hour added to the base energy
                                                  month added to the base Capacity rate                   agreed upon.
                                                  and an increase of 0.012 mills per                                                                            rate.
                                                                                                             Billing Month:                                        Southeastern will give written notice
                                                  kilowatt-hour added to the additional                      The billing month for power sold
                                                  energy rate.                                                                                                  to the Customers of the amount of the
                                                                                                          under this schedule shall end at 2400                 true-up by February 1 of each year.
                                                     Southeastern will give written notice                hours CDT or CST, whichever is                           Transmission Charge: The Customers
                                                  to the Customers of the amount of the                   currently effective on the last day of                will pay a ratable percent listed below
                                                  true-up by February 1 of each year.                     each calendar month.                                  of the credit the Administrator of
                                                     Transmission Charge: Monthly TVA                        Rate Alternatives: Southeastern Power              Southeastern Power Administration
                                                  Transmission Charge divided by                          Administration (Southeastern) is                      (Administrator) provides to the TVA as
                                                  545,000, and adjusted for Duke Energy                   including three rate alternatives. All of             consideration for delivering capacity
                                                  Progress delivery. The adjustment under                 the rate alternatives have an initial base            and energy for the account of the
                                                  the current contract is 14,000/12,300, or               annual revenue requirement of                         Administrator to points of delivery of
                                                  13.821 percent.                                         $63,500,000, including transmission
                                                     CP&L Transmission Charge: $1.546                                                                           customers outside the TVA System or
                                                                                                          and non-power revenue. The initial base               interconnection points of delivery with
                                                  per kilowatt/month of total contract                    annual revenue requirement from the
                                                  demand (As of February 2015 and                                                                               other electric systems for the benefit of
                                                                                                          sale of capacity and energy is                        customers outside the TVA System, as
                                                  provided for illustrative purposes.)                    $50,235,000. The initial base revenue
                                                     The Duke Energy Progress                                                                                   agreed by contract between the
                                                                                                          requirements will be subject to annual                Administrator and TVA.
                                                  transmission rate is subject to annual                  true-up adjustment described below.
                                                  adjustment on April 1 of each year and                                                                                                                               Percent
                                                  will be computed subject to the formula                 Rate Scenario 1—Revised Interim
                                                  in Appendix A attached to the                           Operating Plan
                                                                                                                                                                City   of   Barbourville .......................         0.404
                                                  Government—Duke Energy Progress                            The final marketing policy for the                 City   of   Bardstown .........................          0.412
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                                                  contract.                                               Cumberland System was published in                    City   of   Bardwell ............................        0.099
                                                     Energy to be Furnished by the                        the Federal Register August 5, 1993 (58               City   of   Benham .............................         0.046
                                                  Government: The Government will sell                    FR 41762). The marketing policy for the               City   of   Corbin ................................      0.477
                                                                                                                                                                City   of   Falmouth ...........................         0.108
                                                  to the Customers and the Customers will                 Cumberland System of Projects provides
                                                                                                                                                                City   of   Frankfort ............................       2.866
                                                  purchase from the Government energy                     peaking capacity, along with 1500 hours               City   of   Madisonville ......................          1.432
                                                  each billing month equivalent to a                      of energy annually with each kilowatt of              City   of   Nicholasville ......................         0.469
                                                  percentage specified by contract of the                 capacity, to customers outside the TVA                City   of   Owensboro ........................           4.587
                                                  energy made available to Duke Energy                    transmission system. Due to restrictions              City   of   Paris ..................................     0.250



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                                                                                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                         59753

                                                                                                Percent     energy charge under this scenario will                   Applicability: This rate schedule shall
                                                                                                            be subject to annual adjustment on                    be applicable to electric capacity and
                                                  City of Providence ........................      0.226    April 1 of each year based on transfers               energy generated at the Dale Hollow,
                                                                                                            to specific power plant-in-service.                   Center Hill, Wolf Creek, Old Hickory,
                                                  Rate Scenario 2—Modified Revised                          Under this scenario 3, the adjustment is              Cheatham, Barkley, J. Percy Priest, and
                                                  Interim Operating Plan                                    for each increase of $1,000,000 to                    Cordell Hull Projects (all of such
                                                     This rate alternative will be                          specific power plant-in-service an                    projects being hereafter called
                                                  implemented if a portion of the                           increase of $ 0.003 per kilowatt per                  collectively the ‘‘Cumberland Projects’’)
                                                  Cumberland Capacity can be scheduled,                     month added to the base Capacity rate                 and the Laurel Project sold under
                                                  though not all the capacity in the                        and an increase of 0.012 mills per                    agreement between the Department of
                                                  published marketing policy can be                         kilowatt-hour added to the additional                 Energy and TVA.
                                                                                                            energy rate.                                             Character of Service: The electric
                                                  scheduled. The initial base annual
                                                                                                              Southeastern will give written notice               capacity and energy supplied hereunder
                                                  revenue requirement under this
                                                                                                            to the Customers of the amount of the                 will be three-phase alternating current
                                                  alternative is $63,500,000, including
                                                                                                            true-up by February 1 of each year.                   at a frequency of approximately 60 hertz
                                                  transmission and non-power revenue,
                                                                                                              Transmission Charge: Monthly TVA                    at the outgoing terminals of the
                                                  the same as the annual revenue                                                                                  Cumberland Projects’ switchyards.
                                                  requirement in Scenarios 1 and 3. The                     Transmission Charge divided by
                                                                                                            545,000.                                                 Billing Month: The billing month for
                                                  annual revenue requirement from the                                                                             capacity and energy sold under this
                                                  sale of capacity and energy is                              Energy To Be Furnished by the
                                                                                                                                                                  schedule shall end at 2400 hours CDT
                                                  $50,235,000. This Rate Scenario 2 will                    Government: The Government shall
                                                                                                                                                                  or CST, whichever is currently effective,
                                                  receive revenues from capacity that can                   make available each contract year to the
                                                                                                                                                                  on the last day of each calendar month.
                                                  be scheduled and the remainder from                       Customer from the Projects and the                       Contract Year: For purposes of this
                                                  energy, at charges that will be                           Customer will accept an allocation of                 rate schedule, a contract year shall be as
                                                  determined at the time. Under Scenario                    1500 kilowatt-hours of energy for each                in Section 13.1 of the Southeastern
                                                  2, the cost of the TVA transmission                       kilowatt of contract demand. A contract               Power Administration—Tennessee
                                                  credit will be passed to customers                        year is defined as the 12 months                      Valley Authority Contract.
                                                  outside the TVA System. This rate                         beginning July 1 and ending at midnight                  Power Factor: TVA shall take capacity
                                                  alternative will be in effect if                          June 30 of the following calendar year.               and energy from the Department of
                                                  Southeastern chooses to modify the                        The energy made available for a contract              Energy at such power factor as will best
                                                  Revised Interim Operating Plan.                           year shall be scheduled monthly such                  serve TVA’s system from time to time;
                                                     The annual revenue requirement and                     that the maximum amount scheduled in                  provided, that TVA shall not impose a
                                                  rates under this scenario 2 will be                       any month shall not exceed 240 hours                  power factor of less than .85 lagging on
                                                  subject to annual adjustment on April 1                   per kilowatt of the Customer’s contract               the Department of Energy’s facilities
                                                  of each year based on transfers of                        demand and the minimum amount                         which requires operation contrary to
                                                  specific power investment to plant-in-                    scheduled in any month shall not be                   good operating practice or results in
                                                  service for the preceding Fiscal Year.                    less than 60 hours per kilowatt of the                overload or impairment of such
                                                  Under this scenario 2, the adjustment is                  Customer’s contract demand. The                       facilities.
                                                  an increase of $53,000 per year to the                    Customers may request and the                            Rate Alternatives: Southeastern Power
                                                  annual revenue requirement for each                       Government may approve energy                         Administration (Southeastern) is
                                                  increase of $1,000,000 to specific power                  scheduled for a month greater than 240                including three rate alternatives. All of
                                                  plant-in-service. Southeastern will give                  hours per kilowatt of the Customer’s                  the rate alternatives have an initial base
                                                  written notice to the Customers of the                    contract demand; provided, that the                   annual revenue requirement of
                                                  amount of the true-up by February 1 of                    combined schedule of all Southeastern                 $63,500,000, including transmission
                                                  each year.                                                customers outside TVA and served by                   and non-power revenue. The initial base
                                                                                                            TVA does not exceed 240 hours per                     annual revenue requirement from the
                                                  Rate Scenario 3—Original Cumberland                       kilowatt of the total contract demands of
                                                  Marketing Policy                                                                                                sale of capacity and energy is
                                                                                                            these customers.                                      $50,235,000. The initial base revenue
                                                     The third rate alternative will go into                  In the event that any portion of the                requirements will be subject to annual
                                                  effect once the Corps lifts all restrictions              capacity allocated to the Customers is                true-up adjustment described below.
                                                  on the operation of the Center Hill Dam                   not initially delivered to the Customers
                                                  and Southeastern returns to operations                    as of the beginning of a full contract                Rate Scenario 1—Revised Interim
                                                  that support the published marketing                      year, the 1500 kilowatt hours shall be                Operating Plan
                                                  policy. The initial base rates for                        reduced 1⁄12 for each month of that year                 The final marketing policy for the
                                                  capacity, energy, and additional energy                   prior to initial delivery of such capacity.           Cumberland System was published in
                                                  will be subject to annual true-up                           For billing purposes, each kilowatt of              the Federal Register August 5, 1993 (58
                                                  adjustment described below.                               capacity will include 1500 kilowatt-                  FR 41762). The marketing policy for the
                                                     Monthly Rate: The initial monthly                      hours energy per year. Customers will                 Cumberland System of Projects provides
                                                  base rate for capacity and energy sold                    pay for additional energy at the                      peaking capacity, along with 1500 hours
                                                  under this rate schedule shall be:                        additional energy rate.                               of energy annually with each kilowatt of
                                                     Initial Base Demand charge (includes                                                                         capacity, to customers outside the TVA
                                                  1500 hours of energy annually):                           Wholesale Power Rate Schedule
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                                                                                                                                                                  transmission system. Due to restrictions
                                                  $2.915 per kilowatt/month of total                        CTV–1–I                                               on the operation of the Center Hill
                                                     contract demand.                                         Availability: This rate schedule shall              Project imposed by the U.S. Army Corps
                                                     Initial Base Energy Charge: None.                      be available to the Tennessee Valley                  of Engineers (Corps) as a precaution to
                                                     Initial Base Additional Energy Charge:                 Authority (hereinafter called TVA) on                 prevent failure of the dam, Southeastern
                                                  11.612 mills per kilowatt-hour.                           behalf of members of the Tennessee                    is not able to provide the full allocation
                                                     True-up Adjustment: The base                           Valley Public Power Association                       of peaking capacity to these customers.
                                                  demand charge and base additional                         (hereinafter called TVPPA).                           Southeastern implemented a Revised


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                                                  59754                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  Interim Operating Plan for the                          of each year based on transfers of                    Outside Customers shall be available
                                                  Cumberland System to provide these                      specific power investment to plant-in-                annually, divided monthly such that the
                                                  customers with a reduced amount of                      service for the preceding Fiscal Year.                maximum available in any month shall
                                                  energy and a reduced amount of                          Under this scenario 2, the adjustment is              not exceed 240 hours per kilowatt of
                                                  capacity. The rates under this Scenario                 an increase of $53,000 per year to the                total Outside Customers contract
                                                  1 will remain in effect for the duration                annual revenue requirement for each                   demand, and the minimum amount
                                                  of the Revised Interim Operating Plan.                  increase of $1,000,000 to specific power              available in any month shall not be less
                                                  The initial base rates for capacity and                 plant-in-service. Southeastern will give              than 60 hours per kilowatt of total
                                                  energy will be subject to annual true-up                written notice to the TVA and TVPPA                   Outside Customers demand.
                                                  adjustment described below.                             of the amount of the true-up by                          In the event that any portion of the
                                                    Monthly Rate: The initial monthly                     February 1 of each year.                              capacity allocated to Outside Customers
                                                  base rate for capacity and energy sold                                                                        is not initially delivered to the Outside
                                                  under this rate schedule shall be:                      Rate Scenario 3—Original Cumberland
                                                                                                          Marketing Policy                                      Customers as of the beginning of a full
                                                    Initial Base Demand charge: $1.902
                                                                                                                                                                contract year, (July through June), the
                                                  per kilowatt per month                                     The third rate alternative will go into            1500 hours, plus any such additional
                                                    Initial Base Energy Charge: 12.35                     effect once the Corps lifts all restrictions          energy required as discussed above,
                                                  mills per kilowatt-hour.                                on the operation of the Center Hill Dam
                                                    True-up Adjustment: The Base                                                                                shall be reduced 1⁄12 for each month of
                                                                                                          and Southeastern returns to operations                that year prior to initial delivery of such
                                                  Capacity Charge and Base Energy                         that support the published marketing
                                                  Charge will be subject to annual                                                                              capacity.
                                                                                                          policy. The initial base rates for
                                                  adjustment on April 1 of each year                      capacity, energy, and additional energy                  The energy scheduled by TVA for use
                                                  based on transfers of specific power                    will be subject to annual true-up                     within the TVA System in any billing
                                                  investment to plant-in-service for the                  adjustment described below.                           month shall be the total energy
                                                  preceding Fiscal Year. Under this                          Monthly Rate: The initial monthly                  delivered to TVA less (1) an adjustment
                                                  scenario the adjustment will be for each                base rate for capacity and energy sold                for fast or slow meters, if any, (2) an
                                                  increase of $1,000,000 to specific power                under this rate schedule shall be:                    adjustment for Barkley-Kentucky Canal
                                                  plant-in-service an increase of $0.001                     Initial Base Demand charge (includes               of 15,000 megawatt-hours of energy
                                                  per kilowatt per month added to the                     1500 hours of energy annually): $3.115                each month which is delivered to TVA
                                                  base capacity charge and 0.02 mills per                 per kilowatt/month of total contract                  under the agreement from the
                                                  kilowatt-hour added to the base energy                  demand.                                               Cumberland Projects without charge to
                                                  rate.                                                      Initial Base Energy Charge: None.                  TVA, (3) the energy scheduled by the
                                                    Southeastern will give written notice                    Initial Base Additional Energy Charge:             Department of Energy in said month for
                                                  to the TVA and TVPPA of the amount                      11.612 mills per kilowatt-hour.                       the Outside Customers plus losses of
                                                  of the true-up by February 1 of each                       True-up Adjustment:The base                        two percent [2%], and (4) station service
                                                  year.                                                   demand charge and base additional                     energy furnished by TVA.
                                                                                                          energy charge under this scenario will                   Each kilowatt of capacity will include
                                                  Rate Scenario 2—Modified Revised                        be subject to annual adjustment on
                                                  Interim Operating Plan                                                                                        1500 kilowatt-hours of energy per year,
                                                                                                          April 1 of each year based on transfers               which is defined as base energy. Energy
                                                     This rate alternative will be                        to specific power plant-in-service.                   received in excess of 1500 kilowatt-
                                                  implemented if a portion of the                         Under this scenario 3, the adjustment is              hours per kilowatt will be subject to an
                                                  Cumberland Capacity can be scheduled,                   for each increase of $1,000,000 to                    additional energy charge identified in
                                                  though not all the capacity in the                      specific power plant-in-service an                    the monthly rates section of this rate
                                                  published marketing policy can be                       increase of $ 0.003 per kilowatt per                  schedule.
                                                  scheduled. The initial base annual                      month added to the base Capacity rate
                                                  revenue requirement under this                                                                                   Service Interruption: When delivery
                                                                                                          and an increase of 0.012 mills per
                                                  alternative is $63,500,000, including                                                                         of capacity to TVA is interrupted or
                                                                                                          kilowatt-hour added to the additional
                                                  transmission and non-power revenue,                                                                           reduced due to conditions on the
                                                                                                          energy rate.
                                                  the same as the annual revenue                             Southeastern will give written notice              Department of Energy’s system that are
                                                  requirement in Scenarios 1 and 3. The                   to the TVA and TVPPA of the amount                    beyond its control, the Department of
                                                  annual revenue requirement from the                     of the true-up by February 1 of each                  Energy will continue to make available
                                                  sale of capacity and energy is                          year.                                                 the portion of its declaration of energy
                                                  $50,235,000. This Rate Scenario 2 will                     Energy to be Made Available: The                   that can be generated with the capacity
                                                  receive revenues from capacity that can                 Department of Energy shall determine                  available.
                                                  be scheduled and the remainder from                     the energy that is available from the                    For such interruption or reduction
                                                  energy, at charges that will be                         projects for declaration in the billing               (exclusive of any restrictions provided
                                                  determined at the time. Under Scenario                  month.                                                in the agreement) due to conditions on
                                                  2, the cost of the TVA transmission                        To meet the energy requirements of                 the Department of Energy’s system
                                                  credit will be passed to customers                      the Department of Energy’s customers                  which have not been arranged for and
                                                  outside the TVA System. This rate                       outside the TVA area (hereinafter called              agreed to in advance, the demand
                                                  alternative will be in effect if                        Outside Customers), 768,000 megawatt-                 charge for scheduled capacity made
                                                  Southeastern chooses to modify the                      hours of net energy shall be available                available to TVA will be reduced as to
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                                                  Revised Interim Operating Plan.                         annually (including 36,900 megawatt-                  the kilowatts of such scheduled capacity
                                                     The annual revenue requirement and                   hours of annual net energy to                         which have been so interrupted or
                                                  rates under this scenario 2 will be                     supplement energy available at Laurel                 reduced for each day in accordance with
                                                  subject to annual adjustment on April 1                 Project). The energy requirement of the               the following formula:




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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                            59755




                                                  Wholesale Power Rate Schedule                           Project imposed by the U.S. Army Corps                the Government may charge the
                                                  CTVI–1–B                                                of Engineers (Corps) as a precaution to               Customer for any and all separate
                                                     Availability: This rate schedule shall               prevent failure of the dam, Southeastern              transmission, ancillary services, and
                                                  be available to customers (hereinafter                  is not able to provide the full allocation            distribution charges paid by the
                                                  called the Customer) who are or were                    of peaking capacity to these customers.               Government in behalf of the Customer.
                                                  formerly in the Tennessee Valley                        Southeastern implemented a Revised                    These charges could be recovered
                                                  Authority (hereinafter called TVA)                      Interim Operating Plan for the                        through a capacity charge or an energy
                                                  service area.                                           Cumberland System to provide these                    charge, as determined by the
                                                     Applicability: This rate schedule shall              customers with a reduced amount of                    Government.
                                                  be applicable to electric capacity and                  energy and a reduced amount of                        Rate Scenario 2—Modified Revised
                                                  energy generated at the Dale Hollow,                    capacity. The rates under this Scenario               Interim Operating Plan
                                                  Center Hill, Wolf Creek, Old Hickory,                   1 will remain in effect for the duration
                                                  Cheatham, Barkley, J. Percy Priest, and                 of the Revised Interim Operating Plan.                   This rate alternative will be
                                                  Cordell Hull Projects (all of such                      The initial base rates for capacity and               implemented if a portion of the
                                                  projects being hereafter called                         energy will be subject to annual true-up              Cumberland Capacity can be scheduled,
                                                  collectively the ‘‘Cumberland Projects’’)               adjustment described below.                           though not all the capacity in the
                                                  and the Laurel Project sold under                          Monthly Rate: The initial monthly                  published marketing policy can be
                                                  agreement between the Department of                     base rate for capacity and energy sold                scheduled. The initial base annual
                                                  Energy and the Customer.                                under this rate schedule shall be:                    revenue requirement under this
                                                     Character of Service: The electric                      Initial Base Demand charge: $1.902                 alternative is $63,500,000, including
                                                  capacity and energy supplied hereunder                  per kilowatt per month.                               transmission and non-power revenue,
                                                  will be three-phase alternating current                                                                       the same as the annual revenue
                                                                                                             Initial Base Energy Charge: 12.35
                                                  at a frequency of approximately 60 hertz                                                                      requirement in Scenarios 1 and 3. The
                                                                                                          mills per kilowatt-hour.
                                                  at the outgoing terminals of the                                                                              annual revenue requirement from the
                                                                                                             True-up Adjustment: The Base                       sale of capacity and energy is
                                                  Cumberland Projects’ switchyards.                       Capacity Charge and Base Energy
                                                     Billing Month: The billing month for                                                                       $50,235,000. This Rate Scenario 2 will
                                                                                                          Charge will be subject to annual                      receive revenues from capacity that can
                                                  capacity and energy sold under this
                                                                                                          adjustment on April 1 of each year                    be scheduled and the remainder from
                                                  schedule shall end at 2400 hours CDT
                                                  or CST, whichever is currently effective,               based on transfers of specific power                  energy, at charges that will be
                                                  on the last day of each calendar month.                 investment to plant-in-service for the                determined at the time. Under Scenario
                                                     Contract Year: For purposes of this                  preceding Fiscal Year. Under this                     2, the cost of the TVA transmission
                                                  rate schedule, a contract year shall be as              scenario the adjustment will be for each              credit will be passed to customers
                                                  in Section 13.1 of the Southeastern                     increase of $1,000,000 to specific power              outside the TVA System. This rate
                                                  Power Administration—Tennessee                          plant-in-service an increase of $0.001                alternative will be in effect if
                                                  Valley Authority Contract.                              per kilowatt per month added to the                   Southeastern chooses to modify the
                                                     Rate Alternatives: Southeastern Power                base capacity charge and 0.02 mills per               Revised Interim Operating Plan.
                                                  Administration (Southeastern) is                        kilowatt-hour added to the base energy                   The annual revenue requirement and
                                                  including three rate alternatives. All of               rate.                                                 rates under this scenario 2 will be
                                                  the rate alternatives have an initial base                 Southeastern will give written notice              subject to annual adjustment on April 1
                                                  annual revenue requirement of                           to the Customer of the amount of the                  of each year based on transfers of
                                                  $63,500,000, including transmission                     true-up by February 1 of each year.                   specific power investment to plant-in-
                                                  and non-power revenue. The initial base                    Transmission Charge: The initial                   service for the preceding Fiscal Year.
                                                  annual revenue requirement from the                     charge for transmission and Ancillary                 Under this scenario 2, the adjustment is
                                                  sale of capacity and energy is                          Services will be the Customer’s ratable               an increase of $53,000 per year to the
                                                  $50,235,000. The initial base revenue                   share of the charges for transmission,                annual revenue requirement for each
                                                  requirements will be subject to annual                  distribution, and ancillary services paid             increase of $1,000,000 to specific power
                                                  true-up adjustment described below.                     by the Government. The charges for                    plant-in-service. Southeastern will give
                                                                                                          transmission and ancillary services are               written notice to the Customer of the
                                                  Rate Scenario 1—Revised Interim                         governed by and subject to refund based               amount of the true-up by February 1 of
                                                  Operating Plan                                          upon the determination in proceedings                 each year.
                                                     The final marketing policy for the                   before the Federal Energy Regulatory
                                                  Cumberland System was published in                      Commission (FERC) or other overseeing                 Rate Scenario 3—Original Cumberland
                                                                                                                                                                Marketing Policy
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                                                  the Federal Register August 5, 1993 (58                 entity involving the TVA’s and other
                                                  FR 41762). The marketing policy for the                 transmission provider’s Open Access                      The third rate alternative will go into
                                                  Cumberland System of Projects provides                  Transmission Tariff (OATT).                           effect once the Corps lifts all restrictions
                                                  peaking capacity, along with 1500 hours                    Proceedings before FERC or other                   on the operation of the Center Hill Dam
                                                  of energy annually with each kilowatt of                overseeing entity involving the OATT or               and Southeastern returns to operations
                                                  capacity, to customers outside the TVA                  the Distribution charge may result in the             that support the published marketing
                                                  transmission system. Due to restrictions                separation of charges currently included              policy. The initial base rates for
                                                                                                                                                                                                               EN02OC15.016</GPH>




                                                  on the operation of the Center Hill                     in the transmission rate. In this event,              capacity, energy, and additional energy


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                                                  59756                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  will be subject to annual true-up                          Transmission Charge: The initial                   share, in accordance with the
                                                  adjustment described below.                             charge for transmission and Ancillary                 Government-Customer Contract. Energy
                                                    Monthly Rate: The initial monthly                     Services will be the Customer’s ratable               shall be accounted for, in accordance
                                                  base rate for capacity and energy sold                  share of the charges for transmission,                with agreements with TVA.
                                                  under this rate schedule shall be:                      distribution, and ancillary services paid               The Customer will receive a ratable
                                                    Initial Base Demand charge (includes                  by the Government. The charges for                    share of their capacity, in accordance
                                                  1500 hours of energy annually): $3.115                  transmission and ancillary services are               with the Government-Customer
                                                  per kilowatt/month of total contract                    governed by and subject to refund based               Contract.
                                                  demand.                                                 upon the determination in proceedings                   Service Interruption: When delivery
                                                    Initial Base Energy Charge: None.                     before FERC or other overseeing entity                of capacity to TVA is interrupted or
                                                                                                          involving the TVA’s and other                         reduced due to conditions on the
                                                    Initial Base Additional Energy Charge:                transmission provider’s Open Access                   Department of Energy’s system that are
                                                  11.612 mills per kilowatt-hour.                         Transmission Tariff (OATT).                           beyond its control, the Department of
                                                    True-up Adjustment: The base                             Proceedings before FERC or other                   Energy will continue to make available
                                                  demand charge and base additional                       overseeing entity involving the OATT or               the portion of its declaration of energy
                                                  energy charge under this scenario will                  the Distribution charge may result in the             that can be generated with the capacity
                                                  be subject to annual adjustment on                      separation of charges currently included              available. The customer will receive a
                                                  April 1 of each year based on transfers                 in the transmission rate. In this event,              ratable share of this capacity.
                                                  to specific power plant-in-service.                     the Government may charge the                           For such interruption or reduction
                                                  Under this scenario 3, the adjustment is                Customer for any and all separate                     (exclusive of any restrictions provided
                                                  for each increase of $1,000,000 to                      transmission, ancillary services, and                 in the agreement) due to conditions on
                                                  specific power plant-in-service an                      distribution charges paid by the                      the Department of Energy’s system
                                                  increase of $ 0.003 per kilowatt per                    Government in behalf of the Customer.                 which have not been arranged for and
                                                  month added to the base Capacity rate                   These charges could be recovered                      agreed to in advance, the demand
                                                  and an increase of 0.012 mills per                      through a capacity charge or an energy                charge for scheduled capacity made
                                                  kilowatt-hour added to the additional                   charge, as determined by the                          available to the Customer will be
                                                  energy rate.                                            Government.                                           reduced as to the kilowatts of such
                                                    Southeastern will give written notice                    Energy to be Made Available: The                   scheduled capacity which have been so
                                                  to the Customer of the amount of the                    energy will be scheduled by TVA and                   interrupted or reduced for each day in
                                                  true-up by February 1 of each year.                     the Customer will receive their ratable               accordance with the following formula:




                                                  Wholesale Rate Schedule                                 appropriate contracts between the                     DEPARTMENT OF ENERGY
                                                  Replacement—3                                           Government and the Customer.
                                                                                                                                                                President’s Council of Advisors on
                                                     Availability: This rate schedule shall                  Monthly Charge: The rate for
                                                                                                                                                                Science and Technology
                                                  be available to public bodies and                       replacement energy will be a formulary
                                                  cooperatives (any one of whom is                        capacity charge based on the monthly                  AGENCY:    Department of Energy, Office of
                                                  hereinafter called the Customer) in                     cost to the Government to purchase                    Science.
                                                  Alabama, Georgia, Illinois, Kentucky,                   replacement energy necessary to
                                                                                                                                                                ACTION:   Notice of Open Teleconference.
                                                  North Carolina, Mississippi, Tennessee,                 support capacity in the Cumberland
                                                  and Virginia to whom power is                           System divided by the capacity                        SUMMARY:   This notice sets forth the
                                                  provided pursuant to contracts between                  available from the Cumberland System,                 schedule and summary agenda for a
                                                  the Government and the customer from                    which is 950,000 kilowatts in the                     conference call of the President’s
                                                  the Dale Hollow, Center Hill, Wolf                      published power marketing policy. The                 Council of Advisors on Science and
                                                  Creek, Cheatham, Old Hickory, Barkley,                  capacity rate will be adjusted for any                Technology (PCAST), and describes the
                                                  J. Percy Priest, Cordell Hull, and Laurel               capacity retained by the Customer’s                   functions of the Council. The Federal
                                                  Projects (all of such projects being                    transmission facilitator.                             Advisory Committee Act (Pub. L. 92–
                                                  hereinafter called collectively the                        Conditions of Service: The customer                463, 86 Stat. 770) requires that public
                                                  ‘‘Cumberland Projects’’).                               shall at its own expense provide, install,            notice of these meetings be announced
                                                     Applicability: This rate schedule shall              and maintain on its side of each                      in the Federal Register.
                                                  be applicable to the sale of wholesale                  delivery point the equipment necessary                DATES: October 23, 2015, 3:00 p.m. to
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                                                  energy purchased to meet contract                       to protect and control its own system.                3:30 p.m.
                                                  minimum energy sold under                               [FR Doc. 2015–25102 Filed 10–1–15; 8:45 am]           ADDRESSES:   To receive the call-in
                                                  appropriate contracts between the                       BILLING CODE 6450–01–P                                information, attendees should register
                                                  Government and the Customer.                                                                                  for the conference call on the PCAST
                                                     Character of Service: The energy                                                                           Web site, http://www.whitehouse.gov/
                                                  supplied hereunder will be delivered at                                                                       ostp/pcast no later than 12:00 p.m. (ET)
                                                                                                                                                                                                             EN02OC15.017</GPH>




                                                  the delivery points provided for under                                                                        on Tuesday, October 21, 2015.


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Document Created: 2015-12-15 08:44:38
Document Modified: 2015-12-15 08:44:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of interim approval.
DatesApproval of the rate schedules on an interim basis is effective October 1, 2015, through September 30, 2020.
ContactVirgil G. Hobbs, III, Assistant Administrator, Finance & Marketing, Southeastern Power Administration, Department of Energy, 1166 Athens Tech Road, Elberton, Georgia 30635- 6711, (706) 213-3838.
FR Citation80 FR 59742 

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