81_FR_86175 81 FR 85946 - Final 2025 Salt Lake City Area Integrated Projects Power Marketing Plan

81 FR 85946 - Final 2025 Salt Lake City Area Integrated Projects Power Marketing Plan

DEPARTMENT OF ENERGY
Western Area Power Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85946-85950
FR Document2016-28690

Western Area Power Administration (WAPA), Colorado River Storage Project Management Center (CRSP MC), a Federal power marketing agency of the Department of Energy, announces the Final 2025 Power Marketing Plan (2025 Marketing Plan) for the Salt Lake City Area Integrated Projects (SLCA/IP). The Post-1989 General Power Marketing and Allocation Criteria (Post-1989 Plan), February 7, 1986, as extended June 25, 1999, will expire on September 30, 2024. After consideration of the public comments received, WAPA has decided to implement the Proposed 2025 Marketing Plan with the exception that WAPA will not create a new, 2-percent resource pool for potential new customers. This Federal Register notice is published to announce WAPA's decision for the Final 2025 Marketing Plan, respond to the comments received on the Proposed 2025 Marketing Plan, and specify the terms and conditions under which WAPA will market SLCA/IP firm hydroelectric resources beginning October 1, 2024.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85946-85950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28690]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Western Area Power Administration


Final 2025 Salt Lake City Area Integrated Projects Power 
Marketing Plan

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

ACTION: Notice of the Final 2025 Power Marketing Plan for the Salt Lake 
City Area Integrated Projects.

-----------------------------------------------------------------------

SUMMARY: Western Area Power Administration (WAPA), Colorado River 
Storage Project Management Center (CRSP MC), a Federal power marketing 
agency of the Department of Energy, announces the Final 2025 Power 
Marketing Plan (2025 Marketing Plan) for the Salt Lake City Area 
Integrated Projects (SLCA/IP). The Post-1989 General Power Marketing 
and Allocation Criteria (Post-1989 Plan), February 7, 1986, as extended 
June 25, 1999, will expire on September 30, 2024. After consideration 
of the public comments received, WAPA has decided to implement the 
Proposed 2025 Marketing Plan with the exception that WAPA will not 
create a new, 2-percent resource pool for potential new customers. This 
Federal Register notice is published to announce WAPA's decision for 
the Final 2025 Marketing Plan, respond to the comments received on the 
Proposed 2025 Marketing Plan, and specify the terms and conditions 
under which WAPA will market SLCA/IP firm hydroelectric resources 
beginning October 1, 2024.

DATES: The 2025 Marketing Plan will become effective December 29, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Parker Wicks, Public Utilities 
Specialist, or Mr. Steve Mullen, Public Utilities Specialist, Western 
Area Power Administration, CRSP Management Center, 150 East Social Hall 
Avenue, Suite 300, Salt Lake City, UT 84111-1580, telephone (801) 524-
5493, or email to [email protected]. Information can also be found 
at https://www.wapa.gov/regions/CRSP/PowerMarketing/Pages/power-marketing.aspx.

SUPPLEMENTARY INFORMATION: 
    Brief descriptions of the projects included in the SLCA/IP are 
provided below:

Colorado River Storage Project (CRSP)

    Authorized by Congress in 1956, the CRSP and participating projects 
initiated the comprehensive development and use of water resources of 
the Upper Colorado River. The CRSP is comprised of the Glen Canyon, 
Flaming Gorge, Blue Mesa, Crystal, and Morrow Point dams and 
powerplants. CRSP storage units stabilize the erratic flows of the 
Colorado River and its tributaries so annual water delivery commitments 
to the Lower Colorado River Basin, as well as to farmers, 
municipalities, and industries in the Upper Basin, can be met. Delivery 
of this water to consumers is accomplished, in part, through the 
participating projects discussed below, and additional project 
development may occur in future years. Initial hydroelectric generation 
began at the CRSP facilities in 1963. The maximum operating capacity of 
the five original CRSP powerplants is currently approximately 1,760 MW. 
The average annual generation from 1994 through 2014 was approximately 
5,208,238 MWh.

Participating Projects

    Seedskadee Project (Fontenelle Powerplant): The Seedskadee Project 
is in the Upper Green River Basin in southwestern Wyoming. The 
Fontenelle Dam, powerplant, and reservoir are the principal features of 
the Seedskadee Project. The powerplant commenced operation in May 1968. 
The maximum operating capacity of Fontenelle Powerplant is 10 MW. The 
average annual generation from 1994-2014 was 53,477 MWh.
    Dolores Project (McPhee Dam and Towaoc Canal Powerplants): The 
Dolores Project was authorized by the Colorado River Basin Act of 
September 30, 1968, as a participating project under the CRSP Act. The 
maximum operating capacity of the two powerplants is 12.8 MW, and the 
combined average annual output of McPhee Dam and Towaoc Canal 
powerplants from 1994-2014 was 18,161 MWh.

Integrated Projects

    WAPA consolidated and operationally integrated the Collbran and Rio 
Grande projects with CRSP beginning on October 1, 1987. These 
integrated projects have retained their separate financial obligations 
for repayment; however, the SLCA/IP rate is set to recover revenues to 
meet the repayment requirements of all projects. The maximum operating 
capacity of the eleven SLCA/IP powerplants is 1,818.6 MW, and the 
average annual generation from 1994-2014 was about 5,635,057 MWh. The 
SLCA/IP resources are currently marketed to approximately 135 long-term 
customers, and many more electric service providers benefit from this 
power indirectly through parent organizations that are direct customers 
of the SLCA/IP. Existing SLCA/IP contracts will terminate at the end of 
the September 2024 billing period.
    Collbran Project (Upper Molina and Lower Molina Powerplants): The 
Colbran Project was authorized in 1952 and has been in service since 
1962. The maximum operating capacity of the two powerplants is 
presently 13.5 MW. The average annual generation from 1994-2014 was 
41,915 MWh.

[[Page 85947]]

    Rio Grande Project (Elephant Butte Powerplant): The Rio Grande 
Project was authorized in 1905, and the powerplant went into service in 
1940. The maximum operating capacity of the Elephant Butte Powerplant 
is 27.0 MW. The average annual generation was 66,743 MWh from 1994-
2014.

Background Information

    The Post-1989 Plan provided the power marketing principles used to 
market what is now referred to as the SLCA/IP firm hydropower 
resources. The Firm Electric Service (FES) contracts associated with 
the Post-1989 Plan were initially set to expire October 1, 2004, and 
were extended to September 30, 2024.
    WAPA published its Proposed 2025 Marketing Plan, 80 FR 78222 
(December 16, 2015), and held a Public Information Forum on January 14, 
2016, in Salt Lake City, Utah, and a Public Comment Forum on February 
17, 2016, in Salt Lake City, Utah, to provide the public an opportunity 
to submit comments. During these meetings, the CRSP MC announced it 
would complete and post a preliminary determination of the 2025 SLCA/IP 
Marketable Resource, which would help determine if WAPA would offer a 
2-percent New Customer Power Pool, as proposed. WAPA extended the 
comment period, 81 FR 17163 (March 28, 2016), to May 31, 2016, to allow 
customers the opportunity to comment on the analysis and to make 
additional comments about the Proposed 2025 Marketing Plan. On May 10, 
2016, the CRSP MC posted notice on its Web site that, based on its 
Analysis of Potential Marketable Resource, insufficient sustainable 
hydro power (SHP) energy existed to offer a New Customer Power Pool.
    WAPA received oral comments at the public comment forum as well as 
18 written comment letters during the comment period. WAPA's responses 
to the comments received are included in this notice.

Response to Comments Received on the Proposed 2025 Marketing Plan

Right to Re-Evaluate Allocations and Contract Term

    Comment: Commenters supported a 40-year contract term for FES 
contracts. Several commenters did not support the concept of a 
reopener, or re-evaluation, at a 20-year interval during the contract 
period. Several commenters supported a 20-year contract term with an 
automatic right of renewal for an additional 20 years, without resource 
reduction considerations, if favorable hydrology exists.
    Response: In 2017, WAPA will begin the process of offering new FES 
contracts with a 40-year length of contract. However, depending on when 
contracts are actually negotiated and offered for signature, the period 
of performance may be less than 40 years. For example, a new contract 
executed in January 2017 would be let for 40 years and terminate in 
January 2057, while the period of performance and delivery of firm 
electric service would be approximately 33 years--as the existing 
contract remains in effect until September 30, 2024. This is due 
entirely to the 40-year limit to both length of contract and period of 
performance established by the Reclamation Project Act of 1939. 
Moreover, WAPA agrees with commenters and will not offer allocations 
for the first 20 years and then require a re-evaluation of the 
allocations later. WAPA will work with its customers to ensure that the 
FES contracts provide sufficient flexibility to address issues of 
changing hydrology or resource availability.

New Resource Pool

    Comment: Several commenters opposed the creation of a 2-percent 
resource pool for new customers. Several commenters supported the 
creation of a new resource pool only if power is available without 
reduction to existing Post-1989 Plan customers and only for the benefit 
of tribal customers not already receiving SLCA/IP power.
    Response: Modeling of SLCA/IP resources by the CRSP MC indicates 
there is no additional marketable capacity and energy available. WAPA 
will not offer a new customer resource pool under the 2025 Marketing 
Plan.

Hydropower Allocation to Tribe Served by SLCA/IP Customer

    Comment: A Native American tribe stated that it did not receive an 
allocation during WAPA's prior remarketing, but instead receives the 
benefits of the hydropower allocation through its local electric 
cooperative. The tribe stated that Indian self-determination must be 
furthered and WAPA should recognize that the benefits of receiving 
Federal preference power may potentially be greater for smaller tribes. 
The tribe requested WAPA consider allocating directly to the tribe.
    Response: WAPA does not have additional marketable capacity and 
energy to create an allocation for new customers. However, WAPA will 
work directly with the tribe to ensure Indian self-determination is 
furthered at all levels through whatever means WAPA has available--such 
as discussing arrangements made with the tribe's servicing utility.

Request for Additional Resources

    Comment: A commenter requested an increase in the amount of energy 
it receives to meet its growing loads and also stated that additional 
energy should be provided to correct for load factor issues.
    Response: WAPA is unable to provide additional energy because 
modeling of SLCA/IP resources indicate there is no additional 
marketable capacity and energy available. WAPA will extend the seasonal 
firm capacity allocations, referenced in the FES contracts as the 
Contract Rate of Delivery (CROD), along with the associated seasonal 
energy allocations, to the existing SLCA/IP firm power customers.

Priority of Preference in Proposed 2025 Marketing Plan

    Comment: Request for clarification on priority consideration for 
entities satisfying the marketing criteria.
    Response: WAPA will not offer a new customer resource pool under 
the 2025 Marketing Plan; but to reiterate the clarification given 
during the comment period, priority consideration for the 2-percent 
resource pool for potential new customers under the Proposed Marketing 
Plan would have been provided in the following order: (A) Federally 
recognized Native American tribes; (B) Municipal corporations and 
political subdivisions, including irrigation or other districts, 
municipalities, and other governmental organizations, electric 
cooperatives and public utilities, other than electric utilities, that 
are recognized as utilities by their applicable legal authorities, are 
nonprofit in nature, have electrical facilities, and are independently 
governed and financed; (C) Other eligible applicants.

Distribution of Additional Resources

    Comment: Should an increase in SLCA/IP resources ever occur, 
several commenters supported a pro-rata distribution of any additional 
resources to existing customers while several other commenters 
supported prioritizing new tribal customers over new non-tribal 
customers.
    Response: If additional marketable resources become available, WAPA 
will determine, through appropriate procedures and in consultation with 
its customers, how to allocate those additional resources. Moreover, 
WAPA will work with its customers to ensure that the FES contracts 
provide sufficient flexibility to address issues with

[[Page 85948]]

changing hydrology or resource availability.

Marketing Area

    Comment: Several commenters supported the Post-1989 Plan marketing 
area and requested WAPA make no changes to the Northern and Southern 
Division areas.
    Response: WAPA concurs and will preserve the Post-1989 Plan 
marketing area. No changes will be made to the Northern and Southern 
Division areas in the 2025 Marketing Plan.

Adjustment of Contract Rate of Delivery

    Comment: Several commenters do not support an overall reduction in 
the contracted customer shares, at any time. Several commenters support 
WAPA having the right to adjust the CROD and associated energy on 5 
years written notice, provided WAPA collaborates and meets with 
Preference Customers prior to giving any such notice.
    Response: WAPA will reserve the right to adjust, through 
appropriate procedures and in consultation with its customers, the CROD 
on 5 years advance written notice in response to changes in hydrology 
and river operations.

Service Seasons

    Comment: Several commenters support using the SLCA/IP definition 
currently implemented for the Winter Season (October-March) and Summer 
Season (April-September). One commenter supports the flexibility to 
determine monthly energy patterns within its seasonal allocation.
    Response: WAPA will continue the use of existing summer and winter 
seasons and work with its customers to determine if monthly energy 
allocation patterns could be adjusted within a season to better match 
customer needs and hydropower availability.

Replacement Power

    Comment: Several commenters indicated support for the capacity 
replacements programs currently in place through Customer Displacement 
Power (CDP) and Western Replacement Power (WRP) programs.
    Response: WAPA appreciates the commenters' support for the CDP and 
WRP programs. The 2025 Marketing Plan FES contracts will continue to 
include CDP and WRP programs.

Transmission Availability for Replacement Power

    Comment: Several commenters support the sale of unused firm 
transmission on a non-firm basis when that capacity is not used to 
deliver customer allocations or customer CDP/WRP so long as any revenue 
generated from such sales is applied in order to reduce the rate for 
CRSP customers.
    Response: WAPA will continue to include all projected revenues 
during the rate calculation process. Unused transmission will be made 
available per the Open Access Transmission Tariff (OATT) when that 
capacity is not needed for delivery of WRP, CDP, or the customers' 
allocations.

Use of Renewables

    Comment: Has WAPA considered the use of renewable energy to make up 
for the loss of hydropower to Post-2025 customers?
    Response: WAPA has considered the use of renewable energy as 
firming resources in the past and will in the future. If WAPA 
experiences a projected decrease in marketable hydropower resources, it 
will consider firming purchases from available resources, including 
renewables, in accordance with its power marketing authority. However, 
no such decrease is currently projected. WAPA has a long-term purchase 
power policy, as set forth in 10 CFR part 905--subpart E, whereby WAPA 
will develop criteria to consider long-term power purchases, which can 
include renewable resources, to meet long-term resource needs. Any 
long-term resource acquisition would be made in close consultation with 
the customers.

Renewable Energy Credits

    Comment: CRSP customers should receive Renewable Energy Credits 
(REC) in manner consistent with the Loveland Area Projects (LAP) REC 
program.
    Response: Consistent with WAPA's REC policy, the SLCA/IP generating 
units are registered with Western Renewable Energy Generation 
Information System (WREGIS), and the CRSP MC uploads monthly generation 
data. The monthly generation loaded into the WREGIS system creates one 
REC for every megawatthour of energy produced. Based on the amount 
generated from SLCA/IP hydropower facilities during the preceding 
calendar year, REC are dispersed annually to each customer 
proportionally based on its SLCA/IP allocation. Unlike the LAP, there 
is no special consideration for the smaller hydro facilities versus the 
large facilities. However, future changes to the REC distribution 
policy can be discussed with the customers for possible implementation.

Extension of Existing Contracts

    Comment: Several commenters support the extension of the customers' 
existing CROD allocations for the contract term. Several commenters 
suggested customers should be offered amended and restated contracts, 
developed with appropriate diligence and expedience, to extend the 
existing contracts at the existing CROD and associated energy 
commitments.
    Response: WAPA will offer new contracts that maintain the CROD 
allocations, with associated energy, to the existing SLCA/IP FES 
customers. WAPA will not offer amended and restated contracts, but will 
work with existing FES customers to develop a new contract.

Contract Development and Implementation

    Comment: Draft contracts should be developed with appropriate 
diligence and expedience and with minimal changes from the existing 
contract terms and conditions. Customer meetings to discuss the draft 
contracts should be limited and follow a formal process that includes 
notice and comment periods of reasonable duration and additional 
agency/customer/applicant dialogue on an individualized basis unless 
such topics advance to affect broader customer interests.
    Response: WAPA will collaborate with the FES customers on contract 
development while not impacting timely contract implementation. WAPA 
will provide timely notice and allow for reasonable periods of informal 
review and comments in order to facilitate customer participation.

General Power Contract Provisions

    Comment: Several commenters support the continued use of the 
current General Power Contract Provisions (GPCP), dated September 1, 
2007, for the proposed contract.
    Response: While specific contract provisions are outside of the 
2025 Marketing Plan, WAPA intends to use the GPCP dated September 1, 
2007.

Creditworthiness Procedures

    Comment: The inclusion of ``creditworthiness'' provisions in new 
FES contracts was not supported by commenters since the existing 
customers have a demonstrated history of paying WAPA timely, and no 
basis exists for WAPA to justify insertion of this type of provision.
    Response: Specific contractual provisions such as creditworthiness 
provisions are beyond the scope of the 2025 Marketing Plan. However, 
existing WAPA policy requires creditworthiness provisions in FES 
contracts and it is the intent of CRSP to include them in its FES 
contracts.

[[Page 85949]]

Customer Profile Data

    Comment: Only new customers should submit customer profile data; 
existing customers should not be required to submit customer profile 
data or applications for power.
    Response: WAPA concurs and no customer load profile data or 
applications will be required from existing customers. Furthermore, 
there will be no new customers because modeling of SLCA/IP resources 
indicate there is no additional marketable capacity and energy 
available.

Methods Report

    Comment: Commenters questioned some of the methodologies and 
assumptions WAPA made in determining the availability of future 
hydropower generation, as explained in the Methodology for SLCA/IP 
Resource Analysis for Consideration in the Development of the 2025 
Marketing Plan (Methods Report). These commenters questioned the use of 
certain hydrologic traces, particular assumptions about weekend versus 
weekday load patterns, and requested that only the current operating 
criteria be used for modeling purposes.
    Response: WAPA appreciates the interest and review of its Methods 
Report. After reviewing the comments, WAPA does not believe the items 
questioned would affect its decision to use the existing power and 
energy commitments in the 2025 Marketing Plan because these would 
result in only minimal changes to the modeling results.

Hydropower Production Scenarios

    Comment: Several commenters support WAPA proposing a variety of 
Marketing Plan approaches that address differing hydroelectric power 
production scenarios. Several commenters noted WAPA's reliance on a 
specific Department of the Interior (DOI) proposed Environmental Impact 
Statement (EIS) methodology in WAPA's resource analysis and urged WAPA 
to avoid reliance on any specific environmental-mitigation proposal in 
advance of any final DOI decision on that matter.
    Response: There are various impacts to hydropower availability such 
as drought, maintenance issues, transmission availability, and water 
delivery requirements in addition to operational changes made to 
mitigate potential environmental impacts. WAPA will continue to work 
with its customers to ensure that the FES contracts provide sufficient 
flexibility to address issues with changing hydrology and resource 
availability. For the Long-term Experimental and Management Plan 
(LTEMP) EIS, DOI has identified a preferred alternative, and WAPA is 
using this alternative for planning purposes only. If DOI implements a 
Glen Canyon Dam operation that significantly differs from the preferred 
alternative, WAPA will consider a change to its 2025 Marketing Plan.

Modeling of Marketable Resources

    Comment: Several commenters requested information describing the 
fundamental differences among GTMax, GTMax Lite, and GTMax Superlite v1 
software platforms WAPA used to model hydropower.
    Response: The GTMax model uses an older platform and architecture, 
which can only model 1 year at a time--under a single hydrological 
condition. GTMax Lite performs the same functions as GTMax but only 
simulates hydropower operations at Glen Canyon Dam rather than all of 
the CRSP facilities. This allows for various operational scenarios at 
Glen Canyon Dam to be modeled quickly. The GTMax Superlite model used 
by WAPA to model hydropower availability has all of the features and 
capabilities of the full GTMax model. The advantage of using GTMax 
Superlite for the 2025 Marketing Plan study is that it allows 
simulation and optimization of decades of operations, under numerous 
hydrological conditions, in a relatively short amount of time.

Final 2025 Power Marketing Plan and Marketing Criteria

    WAPA's 2025 Marketing Plan will provide the existing CROD 
commitments with associated energy to current SLCA/IP FES customers as 
set forth in the existing FES contracts, which implemented the Post-
1989 General Power Marketing Criteria and Post-2004 PMI. The 2025 
Marketing Plan principles are as follows:

Final 2025 Marketing Plan Principles

    1. Contract Term: The maximum 40-year contract term, as provided 
for in the Reclamation Project Act of 1939, will be used for FES 
contracts.
    2. Existing Marketable Resource: WAPA will extend the CROD 
commitments with associated energy to the existing SLCA/IP FES 
customers as set forth in the existing FES contracts, which implemented 
the Post-1989 General Power Marketing Criteria and Post-2004 PMI.
    3. New Resource Pool: Modeling of SLCA/IP resources by WAPA 
indicates there is no additional marketable capacity and energy 
available. WAPA will not establish a new customer resource pool under 
the 2025 Marketing Plan.
    4. Firm Electric Service Contract Provisions: Existing SLCA/IP FES 
contracts will serve as the basis for new FES contracts. CDP and WRP 
contract provisions will be included in the new FES contracts.
    5. Benefit Crediting Contracts: For those Native American tribes 
that do not operate their own electric utilities, Benefit Crediting 
Contracts will be available to deliver the benefit of the Federal 
hydropower allocation to those tribes.
    6. Marketing Area: The SLCA/IP marketing area remains unchanged, 
which is divided into Northern and Southern Divisions.
    A. The Northern Division consists of the states of Colorado, New 
Mexico, Utah, and Wyoming; the City of Page, Arizona; a portion of the 
area in Arizona which lies in the drainage area of the Upper Colorado 
River Basin to be served by the Navajo Tribal Utility Authority; and 
White Pine County and portions of Elko and Eureka counties in Nevada.
    B. The Southern Division consists of the remaining portion of the 
state of Arizona and that part of the state of Nevada in Clark, 
Lincoln, and Nye counties that comprise the southern portion of the 
state.
    7. Hydrology and River Operations Withdrawal Provision: WAPA will 
continue to reserve the right to adjust, at its discretion and sole 
determination, the CROD on 5 years advance written notice in response 
to changes in hydrology and river operations. Any such adjustments 
would occur after an appropriate public process.
    8. Service Seasons: Summer and winter seasons remain unchanged.
    A. Summer Season: The 6-month period from the first day of the 
April billing period through the last day of the September billing 
period in any calendar year.
    B. Winter Season: The 6-month period from the first day of the 
October billing period of any calendar year through the last day of the 
March billing period of the next succeeding calendar year.

Availability of Information

    Documents developed or retained by WAPA during this public process 
will be available by appointment for inspection and copying at the CRSP 
MC, located at 150 East Social Hall Avenue, Suite 300, Salt Lake City, 
Utah. WAPA will post information concerning the Final 2025 Marketing 
Plan on its Web site at: https://www.wapa.gov/regions/CRSP/PowerMarketing/Pages/power-marketing.aspx.

[[Page 85950]]

Procedural Requirements

Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) of 
1969, 42 U.S.C. 4321, et seq., the Council on Environmental Quality 
Regulations for implementing NEPA, 40 CFR parts 1500 through 1508, and 
the Integrated DOE NEPA Implementing Procedures, 10 CFR part 1021, WAPA 
has determined this action is categorically excluded from the 
preparation of an environmental assessment or an EIS.

Determination Under Executive Order 12866

    WAPA has an exemption from centralized regulatory review under 
Executive Order 12866; accordingly, no clearance of this notice by the 
Office of Management and Budget is required.

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601, et 
seq., requires a Federal agency to perform a regulatory flexibility 
analysis whenever the agency is required by law to publish a general 
notice of proposed rulemaking for any proposed rule, unless the agency 
can certify that the rule will not have a significant economic impact 
on a substantial number of small entities. In defining the term 
``rule,'' the RFA specifies that a ``rule'' does not include ``a rule 
of particular applicability relating to rates [and] services . . . or 
to valuations, costs or accounting, or practices relating to such rates 
[and] services . . . .'' 5 U.S.C. 601. WAPA has determined that this 
action relates to rates or services offered by WAPA and, therefore, is 
not a rule within the purview of the RFA.

    Dated: November 18, 2016.
Mark A. Gabriel,
Administrator.
[FR Doc. 2016-28690 Filed 11-28-16; 8:45 am]
 BILLING CODE 6450-01-P



                                                    85946                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    programs that include Indian children                   SUMMARY:   Western Area Power                         occur in future years. Initial
                                                    or adults as participants, or that may                  Administration (WAPA), Colorado River                 hydroelectric generation began at the
                                                    benefit Indian children or adults, and                  Storage Project Management Center                     CRSP facilities in 1963. The maximum
                                                    recommendations concerning the                          (CRSP MC), a Federal power marketing                  operating capacity of the five original
                                                    funding of any such program.                            agency of the Department of Energy,                   CRSP powerplants is currently
                                                       Meeting Agenda: The purpose of the                   announces the Final 2025 Power                        approximately 1,760 MW. The average
                                                    meetings is to discuss recommendations                  Marketing Plan (2025 Marketing Plan)                  annual generation from 1994 through
                                                    for the Secretary for filling the recently              for the Salt Lake City Area Integrated                2014 was approximately 5,208,238
                                                    vacated position of Director of Indian                  Projects (SLCA/IP). The Post-1989                     MWh.
                                                    Education. NACIE’s discussions during                   General Power Marketing and
                                                                                                            Allocation Criteria (Post-1989 Plan),                 Participating Projects
                                                    the closed meetings will pertain solely
                                                    to internal personnel rules and practices               February 7, 1986, as extended June 25,                  Seedskadee Project (Fontenelle
                                                    of an agency and information of a                       1999, will expire on September 30,                    Powerplant): The Seedskadee Project is
                                                    personal nature where disclosure would                  2024. After consideration of the public               in the Upper Green River Basin in
                                                    constitute a clearly unwarranted                        comments received, WAPA has decided                   southwestern Wyoming. The Fontenelle
                                                    invasion of personal privacy. As such,                  to implement the Proposed 2025                        Dam, powerplant, and reservoir are the
                                                    the discussions are protected by                        Marketing Plan with the exception that                principal features of the Seedskadee
                                                    exemptions 2 and 6 of Section 552b(c)                   WAPA will not create a new, 2-percent                 Project. The powerplant commenced
                                                    of Title 5 of the United States Code.                   resource pool for potential new                       operation in May 1968. The maximum
                                                       Access to Records of the Meeting: The                customers. This Federal Register notice               operating capacity of Fontenelle
                                                    Department will post a closed meeting                   is published to announce WAPA’s                       Powerplant is 10 MW. The average
                                                    report on NACIE’s Web site.                             decision for the Final 2025 Marketing                 annual generation from 1994–2014 was
                                                       Electronic Access to This Document:                  Plan, respond to the comments received                53,477 MWh.
                                                    The official version of this document is                on the Proposed 2025 Marketing Plan,                    Dolores Project (McPhee Dam and
                                                    the document published in the Federal                   and specify the terms and conditions                  Towaoc Canal Powerplants): The
                                                    Register. Free Internet access to the                   under which WAPA will market SLCA/                    Dolores Project was authorized by the
                                                    official edition of the Federal Register                IP firm hydroelectric resources                       Colorado River Basin Act of September
                                                    and the Code of Federal Regulations is                  beginning October 1, 2024.                            30, 1968, as a participating project
                                                    available via the Federal Digital System                DATES: The 2025 Marketing Plan will                   under the CRSP Act. The maximum
                                                    at: www.gpo.gov/fdsys. At this site you                 become effective December 29, 2016.                   operating capacity of the two
                                                    can view this document, as well as all                  FOR FURTHER INFORMATION CONTACT: Mr.                  powerplants is 12.8 MW, and the
                                                    other documents of this Department                      Parker Wicks, Public Utilities Specialist,            combined average annual output of
                                                    published in the Federal Register, in                   or Mr. Steve Mullen, Public Utilities                 McPhee Dam and Towaoc Canal
                                                    text or Adobe Portable Document                         Specialist, Western Area Power                        powerplants from 1994–2014 was
                                                    Format (PDF). To use PDF, you must                      Administration, CRSP Management                       18,161 MWh.
                                                    have Adobe Acrobat Reader, which is                     Center, 150 East Social Hall Avenue,
                                                    available free at the site. You may also                                                                      Integrated Projects
                                                                                                            Suite 300, Salt Lake City, UT 84111–
                                                    access documents of the Department                      1580, telephone (801) 524–5493, or                       WAPA consolidated and
                                                    published in the Federal Register by                    email to SLIPPost2024@wapa.gov.                       operationally integrated the Collbran
                                                    using the article search feature at:                    Information can also be found at https://             and Rio Grande projects with CRSP
                                                    www.federalregister.gov. Specifically,                  www.wapa.gov/regions/CRSP/                            beginning on October 1, 1987. These
                                                    through the advanced search feature at                  PowerMarketing/Pages/power-                           integrated projects have retained their
                                                    this site, you can limit your search to                 marketing.aspx.                                       separate financial obligations for
                                                    documents published by the                                                                                    repayment; however, the SLCA/IP rate
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Department.                                                Brief descriptions of the projects                 is set to recover revenues to meet the
                                                    Ary Amerikaner,                                         included in the SLCA/IP are provided                  repayment requirements of all projects.
                                                                                                            below:                                                The maximum operating capacity of the
                                                    Deputy Assistant Secretary, Delegated the
                                                    Duties of Assistant Secretary for Elementary
                                                                                                                                                                  eleven SLCA/IP powerplants is 1,818.6
                                                                                                            Colorado River Storage Project (CRSP)                 MW, and the average annual generation
                                                    and Secondary Education.
                                                    [FR Doc. 2016–28713 Filed 11–28–16; 8:45 am]               Authorized by Congress in 1956, the                from 1994–2014 was about 5,635,057
                                                                                                            CRSP and participating projects                       MWh. The SLCA/IP resources are
                                                    BILLING CODE 4000–01–P
                                                                                                            initiated the comprehensive                           currently marketed to approximately
                                                                                                            development and use of water resources                135 long-term customers, and many
                                                                                                            of the Upper Colorado River. The CRSP                 more electric service providers benefit
                                                    DEPARTMENT OF ENERGY                                    is comprised of the Glen Canyon,                      from this power indirectly through
                                                                                                            Flaming Gorge, Blue Mesa, Crystal, and                parent organizations that are direct
                                                    Western Area Power Administration                       Morrow Point dams and powerplants.                    customers of the SLCA/IP. Existing
                                                                                                            CRSP storage units stabilize the erratic              SLCA/IP contracts will terminate at the
                                                    Final 2025 Salt Lake City Area                          flows of the Colorado River and its                   end of the September 2024 billing
                                                    Integrated Projects Power Marketing                     tributaries so annual water delivery                  period.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Plan                                                    commitments to the Lower Colorado                        Collbran Project (Upper Molina and
                                                    AGENCY:  Western Area Power                             River Basin, as well as to farmers,                   Lower Molina Powerplants): The
                                                    Administration, Department of Energy                    municipalities, and industries in the                 Colbran Project was authorized in 1952
                                                    (DOE).                                                  Upper Basin, can be met. Delivery of                  and has been in service since 1962. The
                                                                                                            this water to consumers is                            maximum operating capacity of the two
                                                    ACTION: Notice of the Final 2025 Power
                                                                                                            accomplished, in part, through the                    powerplants is presently 13.5 MW. The
                                                    Marketing Plan for the Salt Lake City
                                                                                                            participating projects discussed below,               average annual generation from 1994–
                                                    Area Integrated Projects.
                                                                                                            and additional project development may                2014 was 41,915 MWh.


                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                            85947

                                                      Rio Grande Project (Elephant Butte                       Response: In 2017, WAPA will begin                 arrangements made with the tribe’s
                                                    Powerplant): The Rio Grande Project                     the process of offering new FES                       servicing utility.
                                                    was authorized in 1905, and the                         contracts with a 40-year length of
                                                                                                                                                                  Request for Additional Resources
                                                    powerplant went into service in 1940.                   contract. However, depending on when
                                                    The maximum operating capacity of the                   contracts are actually negotiated and                    Comment: A commenter requested an
                                                    Elephant Butte Powerplant is 27.0 MW.                   offered for signature, the period of                  increase in the amount of energy it
                                                    The average annual generation was                       performance may be less than 40 years.                receives to meet its growing loads and
                                                    66,743 MWh from 1994–2014.                              For example, a new contract executed in               also stated that additional energy should
                                                                                                            January 2017 would be let for 40 years                be provided to correct for load factor
                                                    Background Information                                  and terminate in January 2057, while                  issues.
                                                       The Post-1989 Plan provided the                      the period of performance and delivery                   Response: WAPA is unable to provide
                                                    power marketing principles used to                      of firm electric service would be                     additional energy because modeling of
                                                    market what is now referred to as the                   approximately 33 years—as the existing                SLCA/IP resources indicate there is no
                                                    SLCA/IP firm hydropower resources.                      contract remains in effect until                      additional marketable capacity and
                                                    The Firm Electric Service (FES)                         September 30, 2024. This is due entirely              energy available. WAPA will extend the
                                                    contracts associated with the Post-1989                 to the 40-year limit to both length of                seasonal firm capacity allocations,
                                                    Plan were initially set to expire October               contract and period of performance                    referenced in the FES contracts as the
                                                    1, 2004, and were extended to                           established by the Reclamation Project                Contract Rate of Delivery (CROD), along
                                                    September 30, 2024.                                     Act of 1939. Moreover, WAPA agrees                    with the associated seasonal energy
                                                       WAPA published its Proposed 2025                     with commenters and will not offer                    allocations, to the existing SLCA/IP firm
                                                    Marketing Plan, 80 FR 78222 (December                   allocations for the first 20 years and                power customers.
                                                    16, 2015), and held a Public Information                then require a re-evaluation of the
                                                    Forum on January 14, 2016, in Salt Lake                 allocations later. WAPA will work with                Priority of Preference in Proposed 2025
                                                    City, Utah, and a Public Comment                        its customers to ensure that the FES                  Marketing Plan
                                                    Forum on February 17, 2016, in Salt                     contracts provide sufficient flexibility to              Comment: Request for clarification on
                                                    Lake City, Utah, to provide the public                  address issues of changing hydrology or               priority consideration for entities
                                                    an opportunity to submit comments.                      resource availability.                                satisfying the marketing criteria.
                                                    During these meetings, the CRSP MC                      New Resource Pool                                        Response: WAPA will not offer a new
                                                    announced it would complete and post                                                                          customer resource pool under the 2025
                                                    a preliminary determination of the 2025                   Comment: Several commenters
                                                                                                            opposed the creation of a 2-percent                   Marketing Plan; but to reiterate the
                                                    SLCA/IP Marketable Resource, which                                                                            clarification given during the comment
                                                    would help determine if WAPA would                      resource pool for new customers.
                                                                                                            Several commenters supported the                      period, priority consideration for the 2-
                                                    offer a 2-percent New Customer Power                                                                          percent resource pool for potential new
                                                    Pool, as proposed. WAPA extended the                    creation of a new resource pool only if
                                                                                                            power is available without reduction to               customers under the Proposed
                                                    comment period, 81 FR 17163 (March                                                                            Marketing Plan would have been
                                                    28, 2016), to May 31, 2016, to allow                    existing Post-1989 Plan customers and
                                                                                                            only for the benefit of tribal customers              provided in the following order: (A)
                                                    customers the opportunity to comment                                                                          Federally recognized Native American
                                                    on the analysis and to make additional                  not already receiving SLCA/IP power.
                                                                                                              Response: Modeling of SLCA/IP                       tribes; (B) Municipal corporations and
                                                    comments about the Proposed 2025                                                                              political subdivisions, including
                                                    Marketing Plan. On May 10, 2016, the                    resources by the CRSP MC indicates
                                                                                                            there is no additional marketable                     irrigation or other districts,
                                                    CRSP MC posted notice on its Web site                                                                         municipalities, and other governmental
                                                    that, based on its Analysis of Potential                capacity and energy available. WAPA
                                                                                                            will not offer a new customer resource                organizations, electric cooperatives and
                                                    Marketable Resource, insufficient                                                                             public utilities, other than electric
                                                    sustainable hydro power (SHP) energy                    pool under the 2025 Marketing Plan.
                                                                                                                                                                  utilities, that are recognized as utilities
                                                    existed to offer a New Customer Power                   Hydropower Allocation to Tribe Served                 by their applicable legal authorities, are
                                                    Pool.                                                   by SLCA/IP Customer                                   nonprofit in nature, have electrical
                                                       WAPA received oral comments at the                                                                         facilities, and are independently
                                                                                                               Comment: A Native American tribe
                                                    public comment forum as well as 18                                                                            governed and financed; (C) Other
                                                                                                            stated that it did not receive an
                                                    written comment letters during the                                                                            eligible applicants.
                                                                                                            allocation during WAPA’s prior
                                                    comment period. WAPA’s responses to
                                                                                                            remarketing, but instead receives the                 Distribution of Additional Resources
                                                    the comments received are included in
                                                                                                            benefits of the hydropower allocation
                                                    this notice.                                                                                                     Comment: Should an increase in
                                                                                                            through its local electric cooperative.
                                                    Response to Comments Received on the                    The tribe stated that Indian self-                    SLCA/IP resources ever occur, several
                                                    Proposed 2025 Marketing Plan                            determination must be furthered and                   commenters supported a pro-rata
                                                                                                            WAPA should recognize that the                        distribution of any additional resources
                                                    Right to Re-Evaluate Allocations and                                                                          to existing customers while several
                                                                                                            benefits of receiving Federal preference
                                                    Contract Term                                                                                                 other commenters supported
                                                                                                            power may potentially be greater for
                                                       Comment: Commenters supported a                      smaller tribes. The tribe requested                   prioritizing new tribal customers over
                                                    40-year contract term for FES contracts.                WAPA consider allocating directly to                  new non-tribal customers.
                                                    Several commenters did not support the                  the tribe.                                               Response: If additional marketable
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    concept of a reopener, or re-evaluation,                   Response: WAPA does not have                       resources become available, WAPA will
                                                    at a 20-year interval during the contract               additional marketable capacity and                    determine, through appropriate
                                                    period. Several commenters supported a                  energy to create an allocation for new                procedures and in consultation with its
                                                    20-year contract term with an automatic                 customers. However, WAPA will work                    customers, how to allocate those
                                                    right of renewal for an additional 20                   directly with the tribe to ensure Indian              additional resources. Moreover, WAPA
                                                    years, without resource reduction                       self-determination is furthered at all                will work with its customers to ensure
                                                    considerations, if favorable hydrology                  levels through whatever means WAPA                    that the FES contracts provide sufficient
                                                    exists.                                                 has available—such as discussing                      flexibility to address issues with


                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00028   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                    85948                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    changing hydrology or resource                          customer allocations or customer CDP/                 existing CROD allocations for the
                                                    availability.                                           WRP so long as any revenue generated                  contract term. Several commenters
                                                                                                            from such sales is applied in order to                suggested customers should be offered
                                                    Marketing Area
                                                                                                            reduce the rate for CRSP customers.                   amended and restated contracts,
                                                      Comment: Several commenters                              Response: WAPA will continue to                    developed with appropriate diligence
                                                    supported the Post-1989 Plan marketing                  include all projected revenues during                 and expedience, to extend the existing
                                                    area and requested WAPA make no                         the rate calculation process. Unused                  contracts at the existing CROD and
                                                    changes to the Northern and Southern                    transmission will be made available per               associated energy commitments.
                                                    Division areas.                                         the Open Access Transmission Tariff                      Response: WAPA will offer new
                                                      Response: WAPA concurs and will                       (OATT) when that capacity is not                      contracts that maintain the CROD
                                                    preserve the Post-1989 Plan marketing                   needed for delivery of WRP, CDP, or the               allocations, with associated energy, to
                                                    area. No changes will be made to the                    customers’ allocations.                               the existing SLCA/IP FES customers.
                                                    Northern and Southern Division areas in                                                                       WAPA will not offer amended and
                                                    the 2025 Marketing Plan.                                Use of Renewables
                                                                                                                                                                  restated contracts, but will work with
                                                                                                              Comment: Has WAPA considered the                    existing FES customers to develop a
                                                    Adjustment of Contract Rate of Delivery                 use of renewable energy to make up for                new contract.
                                                       Comment: Several commenters do not                   the loss of hydropower to Post-2025
                                                    support an overall reduction in the                     customers?                                            Contract Development and
                                                    contracted customer shares, at any time.                  Response: WAPA has considered the                   Implementation
                                                    Several commenters support WAPA                         use of renewable energy as firming                      Comment: Draft contracts should be
                                                    having the right to adjust the CROD and                 resources in the past and will in the                 developed with appropriate diligence
                                                    associated energy on 5 years written                    future. If WAPA experiences a projected               and expedience and with minimal
                                                    notice, provided WAPA collaborates                      decrease in marketable hydropower                     changes from the existing contract terms
                                                    and meets with Preference Customers                     resources, it will consider firming                   and conditions. Customer meetings to
                                                    prior to giving any such notice.                        purchases from available resources,                   discuss the draft contracts should be
                                                       Response: WAPA will reserve the                      including renewables, in accordance                   limited and follow a formal process that
                                                    right to adjust, through appropriate                    with its power marketing authority.                   includes notice and comment periods of
                                                    procedures and in consultation with its                 However, no such decrease is currently                reasonable duration and additional
                                                    customers, the CROD on 5 years                          projected. WAPA has a long-term                       agency/customer/applicant dialogue on
                                                    advance written notice in response to                   purchase power policy, as set forth in 10             an individualized basis unless such
                                                    changes in hydrology and river                          CFR part 905—subpart E, whereby                       topics advance to affect broader
                                                    operations.                                             WAPA will develop criteria to consider                customer interests.
                                                                                                            long-term power purchases, which can                    Response: WAPA will collaborate
                                                    Service Seasons
                                                                                                            include renewable resources, to meet                  with the FES customers on contract
                                                      Comment: Several commenters                           long-term resource needs. Any long-                   development while not impacting
                                                    support using the SLCA/IP definition                    term resource acquisition would be                    timely contract implementation. WAPA
                                                    currently implemented for the Winter                    made in close consultation with the                   will provide timely notice and allow for
                                                    Season (October–March) and Summer                       customers.                                            reasonable periods of informal review
                                                    Season (April–September). One                                                                                 and comments in order to facilitate
                                                    commenter supports the flexibility to                   Renewable Energy Credits
                                                                                                                                                                  customer participation.
                                                    determine monthly energy patterns                          Comment: CRSP customers should
                                                    within its seasonal allocation.                         receive Renewable Energy Credits (REC)                General Power Contract Provisions
                                                      Response: WAPA will continue the                      in manner consistent with the Loveland                  Comment: Several commenters
                                                    use of existing summer and winter                       Area Projects (LAP) REC program.                      support the continued use of the current
                                                    seasons and work with its customers to                     Response: Consistent with WAPA’s                   General Power Contract Provisions
                                                    determine if monthly energy allocation                  REC policy, the SLCA/IP generating                    (GPCP), dated September 1, 2007, for
                                                    patterns could be adjusted within a                     units are registered with Western                     the proposed contract.
                                                    season to better match customer needs                   Renewable Energy Generation                             Response: While specific contract
                                                    and hydropower availability.                            Information System (WREGIS), and the                  provisions are outside of the 2025
                                                                                                            CRSP MC uploads monthly generation                    Marketing Plan, WAPA intends to use
                                                    Replacement Power                                       data. The monthly generation loaded                   the GPCP dated September 1, 2007.
                                                      Comment: Several commenters                           into the WREGIS system creates one
                                                    indicated support for the capacity                      REC for every megawatthour of energy                  Creditworthiness Procedures
                                                    replacements programs currently in                      produced. Based on the amount                            Comment: The inclusion of
                                                    place through Customer Displacement                     generated from SLCA/IP hydropower                     ‘‘creditworthiness’’ provisions in new
                                                    Power (CDP) and Western Replacement                     facilities during the preceding calendar              FES contracts was not supported by
                                                    Power (WRP) programs.                                   year, REC are dispersed annually to                   commenters since the existing
                                                      Response: WAPA appreciates the                        each customer proportionally based on                 customers have a demonstrated history
                                                    commenters’ support for the CDP and                     its SLCA/IP allocation. Unlike the LAP,               of paying WAPA timely, and no basis
                                                    WRP programs. The 2025 Marketing                        there is no special consideration for the             exists for WAPA to justify insertion of
                                                                                                                                                                  this type of provision.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Plan FES contracts will continue to                     smaller hydro facilities versus the large
                                                    include CDP and WRP programs.                           facilities. However, future changes to                   Response: Specific contractual
                                                                                                            the REC distribution policy can be                    provisions such as creditworthiness
                                                    Transmission Availability for                                                                                 provisions are beyond the scope of the
                                                                                                            discussed with the customers for
                                                    Replacement Power                                                                                             2025 Marketing Plan. However, existing
                                                                                                            possible implementation.
                                                       Comment: Several commenters                                                                                WAPA policy requires creditworthiness
                                                    support the sale of unused firm                         Extension of Existing Contracts                       provisions in FES contracts and it is the
                                                    transmission on a non-firm basis when                     Comment: Several commenters                         intent of CRSP to include them in its
                                                    that capacity is not used to deliver                    support the extension of the customers’               FES contracts.


                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                           85949

                                                    Customer Profile Data                                   and resource availability. For the Long-              will not establish a new customer
                                                      Comment: Only new customers                           term Experimental and Management                      resource pool under the 2025 Marketing
                                                    should submit customer profile data;                    Plan (LTEMP) EIS, DOI has identified a                Plan.
                                                                                                            preferred alternative, and WAPA is                       4. Firm Electric Service Contract
                                                    existing customers should not be
                                                                                                            using this alternative for planning                   Provisions: Existing SLCA/IP FES
                                                    required to submit customer profile data
                                                                                                            purposes only. If DOI implements a                    contracts will serve as the basis for new
                                                    or applications for power.
                                                                                                            Glen Canyon Dam operation that                        FES contracts. CDP and WRP contract
                                                      Response: WAPA concurs and no
                                                                                                            significantly differs from the preferred              provisions will be included in the new
                                                    customer load profile data or
                                                                                                            alternative, WAPA will consider a                     FES contracts.
                                                    applications will be required from                                                                               5. Benefit Crediting Contracts: For
                                                    existing customers. Furthermore, there                  change to its 2025 Marketing Plan.
                                                                                                                                                                  those Native American tribes that do not
                                                    will be no new customers because                        Modeling of Marketable Resources                      operate their own electric utilities,
                                                    modeling of SLCA/IP resources indicate                     Comment: Several commenters                        Benefit Crediting Contracts will be
                                                    there is no additional marketable                       requested information describing the                  available to deliver the benefit of the
                                                    capacity and energy available.                          fundamental differences among GTMax,                  Federal hydropower allocation to those
                                                    Methods Report                                          GTMax Lite, and GTMax Superlite v1                    tribes.
                                                                                                            software platforms WAPA used to                          6. Marketing Area: The SLCA/IP
                                                      Comment: Commenters questioned
                                                                                                            model hydropower.                                     marketing area remains unchanged,
                                                    some of the methodologies and                              Response: The GTMax model uses an                  which is divided into Northern and
                                                    assumptions WAPA made in                                older platform and architecture, which                Southern Divisions.
                                                    determining the availability of future                  can only model 1 year at a time—under                    A. The Northern Division consists of
                                                    hydropower generation, as explained in                  a single hydrological condition. GTMax                the states of Colorado, New Mexico,
                                                    the Methodology for SLCA/IP Resource                    Lite performs the same functions as                   Utah, and Wyoming; the City of Page,
                                                    Analysis for Consideration in the                       GTMax but only simulates hydropower                   Arizona; a portion of the area in Arizona
                                                    Development of the 2025 Marketing                       operations at Glen Canyon Dam rather                  which lies in the drainage area of the
                                                    Plan (Methods Report). These                            than all of the CRSP facilities. This                 Upper Colorado River Basin to be served
                                                    commenters questioned the use of                        allows for various operational scenarios              by the Navajo Tribal Utility Authority;
                                                    certain hydrologic traces, particular                   at Glen Canyon Dam to be modeled                      and White Pine County and portions of
                                                    assumptions about weekend versus                        quickly. The GTMax Superlite model                    Elko and Eureka counties in Nevada.
                                                    weekday load patterns, and requested                    used by WAPA to model hydropower                         B. The Southern Division consists of
                                                    that only the current operating criteria                availability has all of the features and              the remaining portion of the state of
                                                    be used for modeling purposes.                          capabilities of the full GTMax model.                 Arizona and that part of the state of
                                                      Response: WAPA appreciates the                        The advantage of using GTMax                          Nevada in Clark, Lincoln, and Nye
                                                    interest and review of its Methods                      Superlite for the 2025 Marketing Plan                 counties that comprise the southern
                                                    Report. After reviewing the comments,                   study is that it allows simulation and                portion of the state.
                                                    WAPA does not believe the items                         optimization of decades of operations,                   7. Hydrology and River Operations
                                                    questioned would affect its decision to                 under numerous hydrological                           Withdrawal Provision: WAPA will
                                                    use the existing power and energy                       conditions, in a relatively short amount              continue to reserve the right to adjust,
                                                    commitments in the 2025 Marketing                       of time.                                              at its discretion and sole determination,
                                                    Plan because these would result in only                                                                       the CROD on 5 years advance written
                                                    minimal changes to the modeling                         Final 2025 Power Marketing Plan and                   notice in response to changes in
                                                    results.                                                Marketing Criteria                                    hydrology and river operations. Any
                                                    Hydropower Production Scenarios                           WAPA’s 2025 Marketing Plan will                     such adjustments would occur after an
                                                                                                            provide the existing CROD                             appropriate public process.
                                                       Comment: Several commenters                          commitments with associated energy to                    8. Service Seasons: Summer and
                                                    support WAPA proposing a variety of                     current SLCA/IP FES customers as set                  winter seasons remain unchanged.
                                                    Marketing Plan approaches that address                  forth in the existing FES contracts,                     A. Summer Season: The 6-month
                                                    differing hydroelectric power                           which implemented the Post-1989                       period from the first day of the April
                                                    production scenarios. Several                           General Power Marketing Criteria and                  billing period through the last day of the
                                                    commenters noted WAPA’s reliance on                     Post-2004 PMI. The 2025 Marketing                     September billing period in any
                                                    a specific Department of the Interior                   Plan principles are as follows:                       calendar year.
                                                    (DOI) proposed Environmental Impact                                                                              B. Winter Season: The 6-month period
                                                    Statement (EIS) methodology in                          Final 2025 Marketing Plan Principles                  from the first day of the October billing
                                                    WAPA’s resource analysis and urged                        1. Contract Term: The maximum 40-                   period of any calendar year through the
                                                    WAPA to avoid reliance on any specific                  year contract term, as provided for in                last day of the March billing period of
                                                    environmental-mitigation proposal in                    the Reclamation Project Act of 1939,                  the next succeeding calendar year.
                                                    advance of any final DOI decision on                    will be used for FES contracts.
                                                    that matter.                                              2. Existing Marketable Resource:                    Availability of Information
                                                       Response: There are various impacts                  WAPA will extend the CROD                                Documents developed or retained by
                                                    to hydropower availability such as                      commitments with associated energy to                 WAPA during this public process will
                                                    drought, maintenance issues,                            the existing SLCA/IP FES customers as                 be available by appointment for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    transmission availability, and water                    set forth in the existing FES contracts,              inspection and copying at the CRSP MC,
                                                    delivery requirements in addition to                    which implemented the Post-1989                       located at 150 East Social Hall Avenue,
                                                    operational changes made to mitigate                    General Power Marketing Criteria and                  Suite 300, Salt Lake City, Utah. WAPA
                                                    potential environmental impacts.                        Post-2004 PMI.                                        will post information concerning the
                                                    WAPA will continue to work with its                       3. New Resource Pool: Modeling of                   Final 2025 Marketing Plan on its Web
                                                    customers to ensure that the FES                        SLCA/IP resources by WAPA indicates                   site at: https://www.wapa.gov/regions/
                                                    contracts provide sufficient flexibility to             there is no additional marketable                     CRSP/PowerMarketing/Pages/power-
                                                    address issues with changing hydrology                  capacity and energy available. WAPA                   marketing.aspx.


                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00030   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                    85950                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    Procedural Requirements                                 SUMMARY:   The EPA Administrator                        Dated: November 18, 2016.
                                                    Environmental Compliance                                signed an Order, dated November 10,                   Heather McTeer Toney,
                                                                                                            2016, granting petition to object to Clean            Regional Administrator, Region 4.
                                                      In compliance with the National                       Air Act (CAA) title V operating permit                [FR Doc. 2016–28742 Filed 11–28–16; 8:45 am]
                                                    Environmental Policy Act (NEPA) of                      issued by the Tennessee Department of                 BILLING CODE 6560–50–P
                                                    1969, 42 U.S.C. 4321, et seq., the                      Environment and Conservation (TDEC)
                                                    Council on Environmental Quality                        to the Tennessee Valley Authority
                                                    Regulations for implementing NEPA, 40                   (TVA) Bull Run facility located in                    ENVIRONMENTAL PROTECTION
                                                    CFR parts 1500 through 1508, and the                    Clinton, Anderson County, Tennessee.                  AGENCY
                                                    Integrated DOE NEPA Implementing                        This Order constitutes a final action on
                                                    Procedures, 10 CFR part 1021, WAPA                      the petition submitted by Sierra Club                 [EPA–HQ–OAR–2013–0246; FRL—9955–81–
                                                    has determined this action is                                                                                 OEI]
                                                                                                            and Environmental Integrity Project
                                                    categorically excluded from the                         (Petitioners) and received by EPA on
                                                    preparation of an environmental                                                                               Information Collection Request
                                                                                                            September 29, 2015.                                   Submitted to OMB for Review and
                                                    assessment or an EIS.
                                                                                                            ADDRESSES: Copies of the Order, the                   Approval; Comment Request;
                                                    Determination Under Executive Order                     petition, and all pertinent information               Information Requirements for New
                                                    12866                                                   relating thereto are on file at the                   Marine Compression Ignition Engines
                                                      WAPA has an exemption from                            following location: EPA Region 4; Air,                at or Above 30 Liters per Cylinder
                                                    centralized regulatory review under                     Pesticides and Toxics Management                      (Renewal)
                                                    Executive Order 12866; accordingly, no                  Division; 61 Forsyth Street SW.; Atlanta,
                                                                                                            Georgia 30303–8960. The Order is also                 AGENCY: Environmental Protection
                                                    clearance of this notice by the Office of                                                                     Agency (EPA).
                                                    Management and Budget is required.                      available electronically at the following
                                                                                                            address: https://www.epa.gov/sites/                   ACTION: Notice.
                                                    Regulatory Flexibility Analysis                         production/files/2016-11/documents/                   SUMMARY:   The Environmental Protection
                                                       The Regulatory Flexibility Act of 1980               tva_bull_run_order_granting_petition_                 Agency has submitted an information
                                                    (RFA), 5 U.S.C. 601, et seq., requires a                to_object_to_permit_.pdf.                             collection request (ICR), ‘‘Information
                                                    Federal agency to perform a regulatory                  FOR FURTHER INFORMATION CONTACT: Art                  Requirements for New Marine
                                                    flexibility analysis whenever the agency                Hofmeister, Air Permits Section, EPA                  Compression Ignition Engines at or
                                                    is required by law to publish a general                 Region 4, at (404) 562–9115 or                        Above 30 Liters per Cylinder
                                                    notice of proposed rulemaking for any                   hofmeister.art@epa.gov.                               (Revision),’’ EPA ICR Number 2345.04,
                                                    proposed rule, unless the agency can                                                                          OMB Number 2060–00641, to the Office
                                                    certify that the rule will not have a                   SUPPLEMENTARY INFORMATION:      The CAA
                                                                                                            affords EPA a 45-day period to review                 of Management and Budget (OMB) for
                                                    significant economic impact on a                                                                              review and approval in accordance with
                                                    substantial number of small entities. In                and, as appropriate, the authority to
                                                                                                            object to operating permits proposed by               the Paperwork Reduction Act. This is a
                                                    defining the term ‘‘rule,’’ the RFA                                                                           proposed extension of the ICR, which is
                                                    specifies that a ‘‘rule’’ does not include              state permitting authorities under title V
                                                                                                            of the CAA, 42 U.S.C. 7661–7661f.                     currently approved through November
                                                    ‘‘a rule of particular applicability                                                                          30, 2016. Public comments were
                                                    relating to rates [and] services . . . or to            Section 505(b)(2) of the CAA and 40
                                                                                                            CFR 70.8(d) authorize any person to                   previously requested via the Federal
                                                    valuations, costs or accounting, or                                                                           Register (81 FR 65634) on September
                                                    practices relating to such rates [and]                  petition the EPA Administrator to object
                                                                                                            to a title V operating permit within 60               23, 2016 during a 60-day comment
                                                    services . . . .’’ 5 U.S.C. 601. WAPA                                                                         period. This notice allows for an
                                                    has determined that this action relates                 days after the expiration of EPA’s 45-
                                                                                                            day review period if EPA has not                      additional 30 days for public comments.
                                                    to rates or services offered by WAPA                                                                          A fuller description of the ICR is given
                                                    and, therefore, is not a rule within the                objected on its own initiative. Petitions
                                                                                                            must be based only on objections to the               below, including its estimated burden
                                                    purview of the RFA.                                                                                           and cost to the public. An Agency may
                                                                                                            permit that were raised with reasonable
                                                     Dated: November 18, 2016.                                                                                    not conduct or sponsor and a person is
                                                                                                            specificity during the public comment
                                                    Mark A. Gabriel,
                                                                                                            period provided by the state, unless the              not required to respond to a collection
                                                    Administrator.                                          petitioner demonstrates that it was                   of information unless it displays a
                                                    [FR Doc. 2016–28690 Filed 11–28–16; 8:45 am]            impracticable to raise these issues                   currently valid OMB control number.
                                                    BILLING CODE 6450–01–P                                  during the comment period or the                      DATES: Additional comments may be
                                                                                                            grounds for the issues arose after this               submitted on or before December 29,
                                                                                                            period.                                               2016.
                                                    ENVIRONMENTAL PROTECTION                                   Petitioners submitted a petition                   ADDRESSES:   Submit your comments,
                                                    AGENCY                                                  regarding the aforementioned TVA Bull                 referencing Docket ID Number Docket
                                                    [Petition IV–2015–3; FRL–9955–79–Region                 Run facility, requesting that EPA object              ID No. EPA–HQ–OAR–2013–0246, to (1)
                                                    4]                                                      to the CAA title V operating permit                   EPA online using www.regulations.gov
                                                                                                            (#01–0009/567519). Petitioners alleged                (our preferred method), by email to a-
                                                    Clean Air Act Operating Permit                          that the permit was not consistent with               and-r-Docket@epa.gov, or by mail to:
                                                    Program; Petition for Objection to                      the CAA because it lacks sufficient                   EPA Docket Center, Environmental
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    State Operating Permit for Tennessee                    monitoring to assure compliance with                  Protection Agency, Mail Code 28221T,
                                                    Valley Authority—Bull Run (Anderson                     the opacity limit established pursuant to             1200 Pennsylvania Ave. NW.,
                                                    County, Tennessee)                                      Tennessee Comprehensive Rules &                       Washington, DC 20460, and (2) OMB via
                                                                                                            Regulations 1200–03–05–.01.                           email to oira_submission@omb.eop.gov.
                                                    AGENCY:   Environmental Protection
                                                    Agency (EPA).                                              On November 10, 2016, the                          Address comments to OMB Desk Officer
                                                                                                            Administrator issued an Order granting                for EPA.
                                                    ACTION: Notice of final order on petition
                                                                                                            the petition. The Order explains EPA’s                  EPA’s policy is that all comments
                                                    to object to state operating permit.
                                                                                                            rationale for granting the petition.                  received will be included in the public


                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00031   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1



Document Created: 2016-11-29 00:32:46
Document Modified: 2016-11-29 00:32:46
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 the Final 2025 Power Marketing Plan for the Salt Lake City Area Integrated Projects.
DatesThe 2025 Marketing Plan will become effective December 29, 2016.
ContactMr. Parker Wicks, Public Utilities Specialist, or Mr. Steve Mullen, Public Utilities Specialist, Western Area Power Administration, CRSP Management Center, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580, telephone (801) 524- 5493, or email to [email protected] Information can also be found at https://www.wapa.gov/regions/CRSP/PowerMarketing/Pages/power- marketing.aspx.
FR Citation81 FR 85946 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR