81 FR 85173 - Annual Charges for Use of Government Lands in Alaska
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 227 (November 25, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85173-85176 | |
| FR Document | 2016-28193 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Proposed Rules] [Pages 85173-85176] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28193] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 11 [Docket No. RM16-19-000] Annual Charges for Use of Government Lands in Alaska AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of Inquiry. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is inviting comments on a narrow question related to its current methodology for calculating annual charges for the use of government lands under Part 11 of the Commission's regulations--whether regional per-acre land values based on data published in the National Agricultural Statistics Service (NASS) Census result in reasonably accurate land valuations for hydropower lands in Alaska. This Notice of Inquiry (NOI) will assist the Commission in evaluating an alternative proposal raised in a petition for rulemaking, which requests that the Commission use a statewide average per-acre land value for the purposes of calculating annual charges for use of government lands for hydropower projects in Alaska. DATES: Comments on this NOI are due January 24, 2017. ADDRESSES: Comments, identified by Docket No. RM16-19-000 may be filed in the following ways:Electronic Filing through http://www.ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Mail/Hand Delivery: Those unable to file electronically may mail or hand-deliver comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. Instructions: For detailed instructions on submitting comments see the Comment Procedures section of this document. FOR FURTHER INFORMATION CONTACT: Tara DiJohn (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8671, [email protected]. Norman Richardson (Technical Information), Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, [email protected]. SUPPLEMENTARY INFORMATION: 1. The Federal Power Act (FPA) requires hydropower licensees that use federal lands to compensate the United States for the use, occupancy, and enjoyment of its lands.\1\ Since 2013, the Federal Energy Regulatory Commission (Commission) has used a fee schedule, based on the U.S. Bureau of Land Management's (BLM) methodology for calculating rental rates for linear rights of way, to calculate annual charges for use of federal lands. The Commission's fee schedule identifies a fee for each county or geographic area, which is the product of four components: A per-acre land value, an encumbrance factor, a rate of return, and an annual adjustment factor. The per-acre land value for a particular county or geographic area is determined using the average per-acre land values published in the National Agricultural Statistics Service (NASS) Census. --------------------------------------------------------------------------- \1\ 16 U.S.C. 803(e)(1) (2012). --------------------------------------------------------------------------- 2. The Commission is issuing this Notice of Inquiry (NOI) to seek public and agency comment on a narrow question--whether regional per- acre land values based on data published in the NASS Census result in reasonably accurate land valuations for hydropower lands in Alaska. In particular, the Commission is interested in receiving input on whether, for the state of Alaska, the use of a statewide average per-acre land value or the use of regional per-acre land values (as is currently used) would be preferable to the use of county or geographic area land values. I. Background 3. Section 10(e)(1) of the Federal Power Act (FPA) requires Commission hydropower licensees using federal lands to: pay to the United States reasonable annual charges in an amount to be fixed by the Commission . . . for recompensing [the United States] for the use, occupancy, and enjoyment of its lands or other property . . . and in fixing such charges the Commission shall seek to avoid increasing the price to the consumers of power by such charges, and any such charges may be adjusted from time to time by the Commission as conditions may require . . . .\2\ --------------------------------------------------------------------------- \2\ 16 U.S.C. 803(e)(1) (2012) (emphasis added). Section 10(e)(1) also requires licensees to reimburse the United States for the costs of administering Part I of the FPA. Those charges are calculated and billed separately from the land use charges, and are not the subject of this NOI. In other words, licensees that use and occupy federal lands for project purposes must compensate the United States through payment of an annual fee, to be established by the Commission.\3\ --------------------------------------------------------------------------- \3\ Pursuant to FPA section 17(a), 16 U.S.C. 810(a) (2012), the fees collected for use of government lands are allocated as follows: 12.5 percent is paid into the Treasury of the United States, 50 percent is paid into the federal reclamation fund, and 37.5 percent is paid into the treasuries of the states in which particular projects are located. No part of the fees discussed in this NOI is used to fund the Commission's operations. --------------------------------------------------------------------------- 4. The Commission has adopted various methods over the years to accomplish this statutory directive.\4\ Currently, the Commission uses a fee schedule method to calculate annual charges for use of government lands. The Commission adopted this approach [[Page 85174]] in a final rule issued on January 12, 2013.\5\ --------------------------------------------------------------------------- \4\ See Annual Charges for Use of Government Lands, Order No. 774, FERC Stats. & Regs. ] 31,341, at PP 3-20 (2013) (cross- referenced at 142 FERC ] 61,045) (examining the myriad methodologies the Commission has used or considered for assessing annual charges for the use of government lands since 1937) (Order No. 774). \5\ See generally, Order No. 774. --------------------------------------------------------------------------- A. Order No. 774 5. In Order No. 774, the Commission adopted a new fee schedule method for calculating annual charges for use of government lands, based on BLM's methodology for calculating rental rates for linear rights of way. Pursuant to section 11.2 of our regulations, the Commission publishes a fee schedule annually, which identifies per-acre rental fees by county or geographic area.\6\ To calculate a licensee's annual charge for use of government lands, the Commission multiplies the applicable county or geographic area fee identified in the fee schedule by the number of federal acres reported by that licensee. --------------------------------------------------------------------------- \6\ 18 CFR 11.2 (2016). The fee schedule is published annually as part of Appendix A to Part 11 of the Commission's regulations. --------------------------------------------------------------------------- 6. The fee schedule identifies a per-acre rental fee broken down by county or geographic area. The per-acre rental fee for a particular county or geographic area is calculated by multiplying four components: (1) An adjusted per-acre land value; (2) an encumbrance factor; (3) a rate of return; and (4) an annual adjustment factor. 1. Per-Acre Land Value 7. The first component--the adjusted per-acre land value--is based on average per-acre land values published in the NASS Census. Specifically, the per-acre land value is determined by the applicable county or geographic area ``land and buildings'' category \7\ from the NASS Census. This per-acre value is then adjusted downward using a state-specific reduction to remove the value of irrigated lands, plus a seven percent reduction to remove the value of buildings or other improvements. The end result being the adjusted per-acre land value. --------------------------------------------------------------------------- \7\ The ``land and buildings'' category is a combination of all land use categories in the NASS Census, including croplands (irrigated and non-irrigated), pastureland/rangeland, woodland, and ``other'' (roads, ponds, wasteland, and land encumbered by non- commercial/non-residential buildings). --------------------------------------------------------------------------- 8. The NASS Census is conducted every five years, with an 18-month delay before NASS publishes the Census data. The Commission incorporates another 18-month delay to account for revisions, consistent with BLM's implementation of its 2008 rule. The Commission's 2011-2015 fee schedules were based on data from the 2007 NASS Census. The Commission's 2016-2020 fee schedules will be based on data from the 2012 NASS Census, the 2021-2025 fee schedules will be based on data from the 2017 NASS Census, the 2026-2030 fee schedules will be based on data from the 2022 NASS Census, and so on. State-specific adjustments to the per-acre land value are performed in the first year that data from a new NASS Census are used, and will remain the same until the subsequent NASS Census data. 2. Per-Acre Land Values for Alaska 9. Order No. 774 explained that the final rule would adopt BLM's approach to Alaska per-acre land values by designating lands in Alaska as part of one of the five NASS Census geographic area identifiers: the Aleutian Islands Area, the Anchorage Area, the Fairbanks Area, the Juneau Area, and the Kenai Peninsula Area. Several commenters asserted that a per-acre statewide value, a category also reported by the NASS Census, should be assessed for Alaska lands. 10. Order No. 774 considered the arguments raised in support of a statewide per-acre value. In particular, several commenters asserted that regional values for Alaska are inappropriate because Alaska does not use county designations, the number of farms surveyed for the NASS Census in the entire state of Alaska is less than the number of farms surveyed in most counties in the lower-48 states, and certain per-acre land values near Anchorage and Juneau are very high, resulting in a substantial increase in annual charges for the use of government lands by hydropower licensees in these areas. However, the Commission ultimately concluded that the commenters had not advanced sufficient explanation for why it was more appropriate to use a statewide value for Alaska, rather than the smallest NASS Census defined area for Alaska--the geographic area identifier. Although the Commission rejected the use of a statewide per-acre land value for Alaska in Order No. 774, the Commission clarified that it would not use the Anchorage Area and the Juneau Area to assess annual charges for the use of government lands ``because these high, urban-based rates would not reasonably reflect the value of government lands on which hydropower projects are located.'' \8\ Instead, for purposes of determining a per- acre land value, the Commission decided to assess the Kenai Peninsula Area per-acre land value for projects located in the Anchorage Area or the Juneau Area. --------------------------------------------------------------------------- \8\ Order No. 774 at P 45. --------------------------------------------------------------------------- B. Fiscal Year 2016 Fee Schedule 11. The Commission used the 2012 NASS Census data to calculate its fee schedule for the first time in Fiscal Year (FY) 2016. Due to per- acre land value increases in the 2012 NASS Census data, land rates for hydropower projects located in certain geographic areas in Alaska experienced a significant increase when compared to the rates assessed in FY 2015. C. Petition for Rulemaking 12. On June 6, 2016, the Alaska Federal Land Fees Group, comprised of six hydroelectric licensees with projects in Alaska (Alaska Group),\9\ petitioned the Commission to conduct a rulemaking to revise the Commission's method of calculating federal land use charges for hydropower projects in Alaska.\10\ The Alaska Group's petition focuses solely on the first component of the Commission's fee schedule--the adjusted per-acre land value--and requests that the Commission: (1) Calculate an adjusted statewide average per-acre land value for Alaska; and (2) apply this adjusted statewide fee to all projects in Alaska, except those located in the Aleutian Islands area.\11\ --------------------------------------------------------------------------- \9\ Alaska Electric Light and Power, Bradley Lake Project Management Committee (on behalf of licensee Alaska Energy Authority), Chugach Electric Association, the Ketchikan Public Utilities, Copper Valley Electric Association, and Southeast Alaska Power Agency. \10\ The Commission issued its 2016 federal land use bills on April 21, 2016. In accordance with section 11.20 of the Commission's regulations, 18 CFR 11.20 (2016), the members of the Alaska Group paid their bills under protest, and filed a timely appeal. On June 9, 2016, Commission staff denied the appeal. The Alaska Group requested rehearing of the denial. Concurrent with the issuance of this NOI, the Commission is issuing a separate order denying the Alaska Group's rehearing request. \11\ The Alaska Group requests that any project located in the Aleutian Islands Area would continue to be assessed annual charges for use of government lands based on a regional per-acre land value. --------------------------------------------------------------------------- 13. In support of this proposal, the Alaska Group states that due to the small number of farms (and associated acreage) that contribute to the data compiled in the NASS Census, there is insufficient data in any individual Alaska area (with the exception of the Aleutian Islands) \12\ to produce a fair estimate of land values within that area. Because there are so few farms outside [[Page 85175]] of the Aleutian Islands area, the per-acre land values in the other four areas of Alaska are extremely sensitive to any changes in the voluntary, self-reported farm data compiled by the NASS Census. --------------------------------------------------------------------------- \12\ The Alaska Group contends that because the Aleutian Islands area contains the greatest amount of farmland in the state (668,016 acres), the NASS Census data for the Aleutian Islands area is ``robust, reliable, and an accurate estimate of fair market value.'' Alaska Group June 6, 2016 Petition for Rulemaking at 18. Therefore, the Alaska Group requests that the proposed adjusted statewide average be applied to all hydropower projects in Alaska, except those projects located in the Aleutian Islands Area. --------------------------------------------------------------------------- 14. For these reasons, the Alaska Group recommends that an adjusted statewide average would better reflect the diverse topography of the state and insulate against land value fluctuations caused by individual changes in farm data, resulting in a more accurate estimate of fair market value of federal lands in Alaska. II. Subject of the Notice of Inquiry 15. The Commission has employed various methodologies over the course of its history to determine annual charges for the use of government lands by hydropower projects. As we previously explained, the touchstone has been to find an administratively practical methodology, which results in reasonably accurate land valuations. In seeking this goal, the methodology has been modified on occasion in response to concerns such as the cost of administering the methodology (e.g., rejecting individual appraisals), the administrative burden on the Commission (e.g., rejecting creation of our own index), and the accurate collection of fair market value (e.g., implementing updates in response to the contention that Commission had been under-collecting). As noted, the Commission currently calculates annual federal land use charges based on a fee schedule that uses per-acre land values published in the NASS Census. By doing so, the Commission avoids the extreme administrative burden of creating its own index of county and geographic area per-acre land values. 16. In response to the petition for rulemaking, the Commission is seeking input on a narrow question related to its current methodology for calculating annual charges for the use of government lands--whether regional per-acre land values based on data published in the NASS Census ``land and buildings category'' result in reasonably accurate land valuations for hydropower lands in Alaska. Specifically, the Commission seeks comments on the alternative proposal advanced in the Alaska Group's petition for rulemaking by posing the following questions: (1) For the purposes of calculating an adjusted per-acre value for lands in Alaska, should the Commission use a statewide average per-acre land value rather than a regional per-acre land value; (2) if a statewide average per-acre value is preferred, should the statewide value be applied to (i) all projects in Alaska, or (ii) all projects in Alaska except those located in the Aleutian Islands Area; and (3) based on the response to question (2), which of the five geographic regions of Alaska (the Aleutian Islands Area, the Anchorage Area, the Fairbanks Area, the Juneau Area, and the Kenai Peninsula Area) should be included in the calculation of the adjusted statewide average. Finally, commenters may also submit alternative proposals for determining a reasonably accurate per-acre value for hydropower lands in Alaska for our consideration, as long as the proposed calculation is based on data published in the NASS Census. 17. In addition to the views of entities subject to annual charge assessments, and other interested stakeholders, the Commission invites comments by the federal agencies that manage the lands at issue as to how they would view reductions in annual charges for lands that they administer. 18. During the notice and comment rulemaking that culminated in Order No. 774, the Commission outlined several major objectives that guided our consideration of a new annual charges methodology. These objectives, albeit narrowed in scope to only those hydropower projects in Alaska, continue to guide our consideration during this process. A. Uniform Applicability 19. Any proposed methodology should be uniformly applicable to all hydropower licensees. This means that the Executive Director should be able to take the information in the Commission's files showing federal acreage occupied by individual projects, apply the adopted methodology, and create an annual charge for the use of government lands for each licensed project. B. Cost of Administering Collection of Annual Charges 20. The administration of any proposed methodology must not impose exorbitant costs on the Commission. Collection of annual charges and application of the ultimate methodology should be an annual, routine ministerial process that requires reasonable, but not overly burdensome, staff effort. C. Methodology Not Subject to Review on an Individual Basis 21. Any proposed methodology, once adopted, should not be subject to review on an individual case-by-case basis. Licensees will have the opportunity to challenge computational errors by the Executive Director in calculating the annual charge or the relevant county land acreage, but case-by-case challenges to the methodology would add significantly to the administrative cost and burden of collecting annual charges. D. Fair Market Value 22. At times in the Commission's history, it has been determined that the Commission had not been collecting fair market value for the use of government lands, which resulted in a substantial under- collection.\13\ To ensure that the Commission recovers ``reasonable annual charges,'' any proposed methodology must reflect reasonably accurate land valuations. --------------------------------------------------------------------------- \13\ See Assessment of Charges under the Hydroelectric Program, DOE/IG Report No. 0219 (September 3, 1986); see also More Efforts Needed to Recover Costs and Increase Hydropower Charges, U.S. General Accounting Office Report No. RCED-87-12 (November 1986). --------------------------------------------------------------------------- E. Avoid Increasing Price to Consumers of Power 23. In fixing annual charges, we must seek to avoid increasing the price to consumers of power by such charges. Therefore, any proposed methodology should provide reasonable, but not excessive, compensation to the United States for the use of its lands. III. Comment Procedures 24. The Commission invites interested persons to submit comments and other information on the matters, issues, and specific questions identified in this notice, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due January 24, 2017. Comments must refer to Docket No. RM16-19-000, and must include the commenter's name, the organization it represents, if applicable, and its address. 25. To facilitate the Commission's review of the comments, commenters are requested to provide an executive summary of their position. Commenters are requested to identify each specific question posed by the Notice of Inquiry that their discussion addresses and to use appropriate headings. Additional issues the commenters wish to raise should be identified separately. The commenters should double- space their comments. 26. The Commission encourages comments to be filed electronically via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in native applications or print-to-PDF [[Page 85176]] format and not in a scanned format. Commenters filing electronically do not need to make a paper filing. 27. Commenters that are not able to file comments electronically must send an original of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. 28. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters are not required to serve copies of their comments on other commenters. IV. Document Availability 29. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and print the contents of this document via the Internet through the Commission's Home Page (http://www.ferc.gov) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 30. From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number (excluding the last three digits) in the docket number field. 31. User assistance is available for eLibrary and the Commission's Web site during normal business hours from the Commission's Online Support at 202-502-6652 (toll free at 1-866-208-3676) or email at [email protected], or the Public Reference Room at (202) 502- 8371, TTY (202)502-8659. Email the Public Reference Room at [email protected]. By direction of the Commission. Issued: November 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2016-28193 Filed 11-23-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Proposed Rules 85173
Aviation Administration proposes to will assist the Commission in evaluating Agricultural Statistics Service (NASS)
amend 14 CFR part 71 as follows: an alternative proposal raised in a Census.
petition for rulemaking, which requests 2. The Commission is issuing this
PART 71—DESIGNATION OF CLASS A, that the Commission use a statewide Notice of Inquiry (NOI) to seek public
B, C, D, AND E AIRSPACE AREAS; AIR average per-acre land value for the and agency comment on a narrow
TRAFFIC SERVICE ROUTES; AND purposes of calculating annual charges question—whether regional per-acre
REPORTING POINTS for use of government lands for land values based on data published in
hydropower projects in Alaska. the NASS Census result in reasonably
■ 1. The authority citation for 14 CFR
part 71 continues to read as follows: DATES: Comments on this NOI are due accurate land valuations for hydropower
January 24, 2017. lands in Alaska. In particular, the
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ADDRESSES: Comments, identified by Commission is interested in receiving
1959–1963 Comp., p. 389. Docket No. RM16–19–000 may be filed input on whether, for the state of
in the following ways: Alaska, the use of a statewide average
§ 71.1 [Amended]
• Electronic Filing through http:// per-acre land value or the use of
■ 2. The incorporation by reference in www.ferc.gov. Documents created regional per-acre land values (as is
14 CFR 71.1 of FAA Order 7400.11A, electronically using word processing currently used) would be preferable to
Airspace Designations and Reporting software should be filed in native the use of county or geographic area
Points, dated August 3, 2016, and applications or print-to-PDF format and land values.
effective September 15, 2016, is not in a scanned format. I. Background
amended as follows: • Mail/Hand Delivery: Those unable
Paragraph 6005 Class E Airspace Areas to file electronically may mail or hand- 3. Section 10(e)(1) of the Federal
Extending Upward From 700 Feet or More deliver comments to: Federal Energy Power Act (FPA) requires Commission
Above the Surface of the Earth. Regulatory Commission, Secretary of the hydropower licensees using federal
* * * * * Commission, 888 First Street NE., lands to:
AWP CA E5 Willows, CA [Modified]
Washington, DC 20426. pay to the United States reasonable annual
Instructions: For detailed instructions charges in an amount to be fixed by the
Willows-Glenn County Airport, CA Commission . . . for recompensing [the
(Lat. 39°30′57″ N., long. 122°13′02″ W.)
on submitting comments see the
Comment Procedures section of this United States] for the use, occupancy, and
That airspace extending upward from 700 enjoyment of its lands or other property . . .
feet above the surface within a 6.4-mile
document.
and in fixing such charges the Commission
radius of Willows-Glenn County Airport. FOR FURTHER INFORMATION CONTACT: shall seek to avoid increasing the price to the
Issued in Seattle, Washington, on Tara DiJohn (Legal Information), Office consumers of power by such charges, and
November 8, 2016. of the General Counsel, Federal any such charges may be adjusted from time
Tracey Johnson, to time by the Commission as conditions may
Energy Regulatory Commission, 888 require . . . .2
Manager, Operations Support Group, Western First Street NE., Washington, DC
Service Center. 20426, (202) 502–8671, tara.dijohn@ In other words, licensees that use and
[FR Doc. 2016–28292 Filed 11–23–16; 8:45 am] ferc.gov. occupy federal lands for project
BILLING CODE 4910–13–P Norman Richardson (Technical purposes must compensate the United
Information), Office of the Executive States through payment of an annual
Director, Federal Energy Regulatory fee, to be established by the
DEPARTMENT OF ENERGY Commission, 888 First Street NE., Commission.3
Washington, DC 20426, (202) 502– 4. The Commission has adopted
Federal Energy Regulatory 6219, norman.richardson@ferc.gov. various methods over the years to
Commission SUPPLEMENTARY INFORMATION: accomplish this statutory directive.4
1. The Federal Power Act (FPA) Currently, the Commission uses a fee
18 CFR Part 11
requires hydropower licensees that use schedule method to calculate annual
[Docket No. RM16–19–000] federal lands to compensate the United charges for use of government lands.
States for the use, occupancy, and The Commission adopted this approach
Annual Charges for Use of enjoyment of its lands.1 Since 2013, the
Government Lands in Alaska Federal Energy Regulatory Commission 2 16 U.S.C. 803(e)(1) (2012) (emphasis added).
AGENCY: Federal Energy Regulatory (Commission) has used a fee schedule, Section 10(e)(1) also requires licensees to reimburse
based on the U.S. Bureau of Land the United States for the costs of administering Part
Commission, Department of Energy. I of the FPA. Those charges are calculated and
ACTION: Notice of Inquiry.
Management’s (BLM) methodology for billed separately from the land use charges, and are
calculating rental rates for linear rights not the subject of this NOI.
SUMMARY: The Federal Energy of way, to calculate annual charges for 3 Pursuant to FPA section 17(a), 16 U.S.C. 810(a)
Regulatory Commission (Commission) is use of federal lands. The Commission’s (2012), the fees collected for use of government
lands are allocated as follows: 12.5 percent is paid
inviting comments on a narrow question fee schedule identifies a fee for each into the Treasury of the United States, 50 percent
related to its current methodology for county or geographic area, which is the is paid into the federal reclamation fund, and 37.5
calculating annual charges for the use of product of four components: A per-acre percent is paid into the treasuries of the states in
government lands under Part 11 of the land value, an encumbrance factor, a which particular projects are located. No part of the
ehiers on DSK5VPTVN1PROD with PROPOSALS
fees discussed in this NOI is used to fund the
Commission’s regulations—whether rate of return, and an annual adjustment Commission’s operations.
regional per-acre land values based on factor. The per-acre land value for a 4 See Annual Charges for Use of Government
data published in the National particular county or geographic area is Lands, Order No. 774, FERC Stats. & Regs. ¶ 31,341,
Agricultural Statistics Service (NASS) determined using the average per-acre at PP 3–20 (2013) (cross-referenced at 142 FERC ¶
land values published in the National 61,045) (examining the myriad methodologies the
Census result in reasonably accurate Commission has used or considered for assessing
land valuations for hydropower lands in annual charges for the use of government lands
Alaska. This Notice of Inquiry (NOI) 1 16 U.S.C. 803(e)(1) (2012). since 1937) (Order No. 774).
VerDate Sep<11>2014 14:01 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\25NOP1.SGM 25NOP1](https://thefederalregister.org/doc/81_FR_85400/page/1.svg)
![85176 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Proposed Rules
format and not in a scanned format. DEPARTMENT OF ENERGY Reliability, Federal Energy Regulatory
Commenters filing electronically do not Commission, 888 First Street NE.,
need to make a paper filing. Federal Energy Regulatory Washington, DC 20426, (202) 502–
Commission 6281, Jomo.Richardson@ferc.gov.
27. Commenters that are not able to
Mark Bennett (Legal Information), Office
file comments electronically must send of the General Counsel, Federal
18 CFR Part 35
an original of their comments to: Energy Regulatory Commission, 888
Federal Energy Regulatory Commission, [Docket No. RM16–6–000]
First Street NE., Washington, DC
Secretary of the Commission, 888 First 20426, (202) 502–8524,
Essential Reliability Services and the
Street NE., Washington, DC 20426. Mark.Bennett@ferc.gov.
Evolving Bulk-Power System—Primary
28. All comments will be placed in Frequency Response SUPPLEMENTARY INFORMATION:
the Commission’s public files and may 1. In this Notice of Proposed
be viewed, printed, or downloaded AGENCY: Federal Energy Regulatory Rulemaking (NOPR), the Federal Energy
remotely as described in the Document Commission, Department of Energy. Regulatory Commission (Commission)
Availability section below. Commenters ACTION: Notice of proposed rulemaking. proposes to modify the pro forma Large
are not required to serve copies of their Generator Interconnection Agreement
SUMMARY: The Federal Energy (LGIA) and the pro forma Small
comments on other commenters. Regulatory Commission (Commission) Generator Interconnection Agreement
IV. Document Availability proposes to revise its regulations to (SGIA), pursuant to its authority under
require all newly interconnecting large section 206 of the Federal Power Act
29. In addition to publishing the full and small generating facilities, both (FPA) to ensure that rates, terms and
text of this document in the Federal synchronous and non-synchronous, to conditions of jurisdictional service
Register, the Commission provides all install and enable primary frequency remain just and reasonable and not
interested persons an opportunity to response capability as a condition of unduly discriminatory or preferential.1
view and print the contents of this interconnection. To implement these The proposed modifications would
document via the Internet through the requirements, the Commission proposes require all new large and small
Commission’s Home Page (http:// to revise the pro forma Large Generator generating facilities, including both
www.ferc.gov) and in the Commission’s Interconnection Agreement (LGIA) and synchronous and non-synchronous,
Public Reference Room during normal the pro forma Small Generator interconnecting with a LGIA or SGIA to
business hours (8:30 a.m. to 5:00 p.m. Interconnection Agreement (SGIA). The install, maintain and operate equipment
Eastern time) at 888 First Street NE., proposed changes are designed to capable of providing primary frequency
Room 2A, Washington, DC 20426. address the increasing impact of the response as a condition of
evolving generation resource mix and to interconnection. The Commission also
30. From the Commission’s Home ensure that the relevant provisions of proposes to establish certain operating
Page on the Internet, this information is the pro forma LGIA and pro forma SGIA requirements, including maximum
available on eLibrary. The full text of are just, reasonable, and not unduly droop and deadband parameters in the
this document is available on eLibrary discriminatory or preferential. The pro forma LGIA and pro forma SGIA.
in PDF and Microsoft Word format for Commission also seeks comment on The Commission does not propose to
viewing, printing, and/or downloading. whether its proposals in this Notice of apply these requirements to generating
To access this document in eLibrary, Proposed Rulemaking are sufficient at facilities regulated by the Nuclear
type the docket number (excluding the this time to ensure adequate levels of Regulatory Commission. In addition, the
last three digits) in the docket number primary frequency response, or whether Commission does not propose in these
field. additional reforms are needed. reforms to impose a headroom
31. User assistance is available for DATES: Comments are due January 24, requirement for new generating
eLibrary and the Commission’s Web site 2017. facilities. The Commission also does not
during normal business hours from the propose to mandate that new generating
ADDRESSES: Comments, identified by
facilities receive any compensation for
Commission’s Online Support at 202– docket number, may be filed in the
complying with the proposed
502–6652 (toll free at 1–866–208–3676) following ways:
requirements in this NOPR.
or email at ferconlinesupport@ferc.gov, • Electronic Filing through http://
2. The proposed revisions address the
or the Public Reference Room at (202) www.ferc.gov. Documents created Commission’s concerns that the existing
502–8371, TTY (202)502–8659. Email electronically using word processing pro forma LGIA contains limited
the Public Reference Room at software should be filed in native primary frequency response
public.referenceroom@ferc.gov. applications or print-to-PDF format and requirements that apply only to
not in a scanned format. synchronous generating facilities and do
By direction of the Commission. • Mail/Hand Delivery: Those unable not account for recent technological
Issued: November 17, 2016. to file electronically may mail or hand- advancements that have enabled new
Nathaniel J. Davis, Sr., deliver comments to: Federal Energy non-synchronous generating facilities to
Deputy Secretary. Regulatory Commission, Secretary of the now have primary frequency response
[FR Doc. 2016–28193 Filed 11–23–16; 8:45 am]
Commission, 888 First Street NE., capabilities. Further, the Commission
Washington, DC 20426. believes that it may be unduly
BILLING CODE 6717–01–P
Instructions: For detailed instructions
ehiers on DSK5VPTVN1PROD with PROPOSALS
discriminatory or preferential to impose
on submitting comments and additional primary frequency response
information on the rulemaking process, requirements only on new large
see the Comment Procedures Section of generating facilities but not on new
this document. small generating facilities, and the
FOR FURTHER INFORMATION CONTACT: reforms proposed here would impose
Jomo Richardson (Technical
Information), Office of Electric 1 16 U.S.C. 824e (2012).
VerDate Sep<11>2014 14:01 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\25NOP1.SGM 25NOP1](https://thefederalregister.org/doc/81_FR_85400/page/4.svg)
Document Created: 2016-11-23 23:18:27
Document Modified: 2016-11-23 23:18:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Inquiry. | |
| Dates | Comments on this NOI are due January 24, 2017. | |
| Contact | Tara DiJohn (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8671, [email protected] Norman Richardson (Technical Information), Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, [email protected] | |
| FR Citation | 81 FR 85173 |
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