82_FR_46028 82 FR 45839 - Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments

82 FR 45839 - Bonneville Power Administration; Order Approving Rates on an Interim Basis and Providing Opportunity for Additional Comments

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 189 (October 2, 2017)

Page Range45839-45841
FR Document2017-21060

Federal Register, Volume 82 Issue 189 (Monday, October 2, 2017)
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45839-45841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21060]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF17-3-000]


Bonneville Power Administration; Order Approving Rates on an 
Interim Basis and Providing Opportunity for Additional Comments

Before Commissioners: Neil Chatterjee, Chairman; Cheryl A. LaFleur, 
and Robert F. Powelson.

    1. In this order, we approve on an interim basis Bonneville Power 
Administration's (Bonneville) proposed 2018-2019 transmission rates, 
with the exception of the rates for transmission service on the 
Southern Intertie, which are addressed separately in another order, 
pending our further review. We also provide an additional period of 
time for parties to file comments.

I. Background

    2. On July 31, 2017,\1\ Bonneville filed a request for interim and 
final approval of its transmission rates \2\ in accordance with section 
7 of the Pacific Northwest Electric Power Planning and Conservation Act 
(Northwest Power Act) \3\ and Part 300 of the Commission's 
regulations.\4\ Bonneville projects that the filed rates will produce 
average annual transmission revenues of $1.044 billion and annual net 
revenues of $4.65 million.\5\ Bonneville asserts that this level of 
annual revenues is sufficient to recover its costs for the 2018-2019 
rate approval period, while providing cash flow to ensure at least a 95 
percent probability of making all payments to the United States 
Treasury in full and on time for each year of the rate period.\6\
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    \1\ Bonneville submitted errata filings on August 7, 2017, and 
August 10, 2017, respectively, to correct various attachments to the 
July 31, 2017 Transmittal Letter and to add inadvertently omitted 
documents to the record.
    \2\ The proposed transmission rates for which Bonneville seeks 
approval for the period of October 1, 2017 through September 30, 
2019 are: Formula Power Transmission Rate (FPT-18.1); Formula Power 
Transmission Rate (FPT-18.3); Integration of Resources Rate (IR-18); 
Network Integration Rate (NT-18); Point-to-Point Rate (PTP-18); 
Montana Intertie Rate (IM-18) (IM Rate); Use-of-Facilities 
Transmission Rate (UFT-18); Advance Funding Rate (AF-18); Townsend-
Garrison Transmission Rate (TGT-18); WECC and Peak Service Rate (PW-
18); Oversupply Rate (OS-18); Eastern Intertie Rate (IE-18); 
Ancillary and Control Area Services Rates (ACS-18); and Transmission 
General Rate Schedule Provisions. Bonneville July 31, 2017 
Transmittal Letter at 3.
    \3\ 16 U.S.C. 839e (2012).
    \4\ 18 CFR pt. 300 (2017).
    \5\ These values are the totals of all of Bonneville's 
transmission revenues, inclusive of the transmission rates at issue 
in Docket No. EF17-4-000. See Bonneville August 7, 2017 Transmittal 
Letter at 2; Bonneville Power Admin., 160 FERC ] 61,113 (2017) 
(approving on an interim basis the transmission rates associated 
with the Southern Intertie).
    \6\ Bonneville July 31, 2017 Transmittal Letter at 5, 8.
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II. Notice of Filing

    3. Notice of Bonneville's July 31, 2017 filing was published in the 
Federal Register, 82 FR 37,445 (2017),\7\ with protests and 
interventions due on or before August 30, 2017. Timely motions to 
intervene were filed by Pacific Northwest Generating Cooperative, 
Powerex Corporation, Turlock Irrigation District, Avista Corporation, 
Sacramento Municipal Utility District, Northwest Requirements 
Utilities, Industrial Customers of Northwest Utilities, NorthWestern 
Corporation, Western Public Agencies Group, M-S-R Public Power Agency, 
Snohomish County Public Utility District No. 1, Public Power Council, 
Puget Sound Energy Inc., Idaho Power Company, and Avangrid Renewables 
LLC. Renewable Northwest filed a timely motion to intervene and 
comments. Sierra Club and Montana Environmental Information Center 
(Sierra Club/MEIC) filed a timely motion to intervene and protest. On 
September 14, 2017, Bonneville filed a request for leave to answer and 
answer to Sierra Club/MEIC's protest and Renewable Northwest's 
comments.
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    \7\ Notices of Bonneville's errata filings were published in the 
Federal Register, 82 FR 41,014 (2017) and 82 FR 40,151 (2017). The 
notices of the errata filings retained the August 30, 2017 date by 
which protests or interventions were due.
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    4. Sierra Club/MEIC argues that eliminating Bonneville's IM 
Rate,\8\ in particular, is necessary to meet Bonneville's statutory 
mandate to encourage the widest possible diversified use of electric 
power at the lowest possible rates to consumers, consistent with sound 
business principles.\9\ Sierra Club/MEIC asserts that the IM Rate is 
the primary impediment to renewable resource development in 
Montana.\10\ Sierra Club/MEIC explains that Bonneville effectively 
charges two rates for Montana producers seeking to use the Eastern 
Intertie--the IM Rate and the Network Rate--which inequitably allocates 
transmission costs and has impeded subscription of the Eastern 
Intertie.\11\ According to Sierra Club/

[[Page 45840]]

MEIC, eliminating this ``pancake'' rate structure would enable high-
quality Montana wind resources to affordably transmit their power and 
meet growing needs for renewable power in the Pacific Northwest.\12\ 
Sierra Club/MEIC states that the IM Rate yields very little revenue for 
Bonneville because it is undersubscribed, and that cost recovery 
principles, cost causation principles, and Bonneville's segmentation 
policy do not support maintaining the IM Rate.\13\ Lastly, Sierra Club/
MEIC states that speculation on future upgrades to Bonneville's 
transmission network is not a legitimate basis for maintaining the IM 
Rate, and eliminating the IM Rate does not require Bonneville to roll-
in the Southern Intertie.\14\ Sierra Club/MEIC urges the Commission to 
disapprove the IM Rate and direct Bonneville to establish a rate 
structure for the Eastern Intertie that is consistent with Bonneville's 
statutory mandate.\15\
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    \8\ The IM Rate is the rate that Bonneville charges for the 
available 200 megawatts (MW) of capacity on the Eastern Intertie, 
which is the portion of the Montana Intertie between the Townsend 
and Garrison substations in western Montana that Bonneville built 
and continues to operate.
    \9\ Sierra Club/MEIC Protest at 1.
    \10\ Id. at 11.
    \11\ Id. at 2-3, 11.
    \12\ Id. at 2-3.
    \13\ Id. at 3, 12.
    \14\ Id. at 31, 33.
    \15\ Id. at 12.
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    5. Renewable Northwest similarly filed comments requesting that the 
Commission disapprove Bonneville's proposed IM Rate on the basis that 
the rate does not ``encourag[e] the widest possible diversified use of 
electric power at the lowest possible rates to consumers consistent 
with sound business principles.'' \16\ Renewable Northwest asserts that 
the IM Rate imposes a financial disadvantage that is a disincentive to 
the use of Bonneville's 184 MW of unsubscribed Eastern Intertie 
capacity.\17\ Renewable Northwest suggests that eliminating the IM Rate 
would encourage subscription of Eastern Intertie capacity and generate 
additional revenue for Bonneville.\18\ Renewable Northwest encourages 
the Commission to direct Bonneville to work with stakeholders on a rate 
structure that would encourage subscription of Bonneville's available 
Eastern Intertie capacity in a manner that is consistent with 
Bonneville's statutory directives.\19\
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    \16\ Renewable Northwest Comments at 7 (quoting 16 U.S.C. 838g 
(2012).
    \17\ Of the 200 MW available on the Eastern Intertie that are 
subject to the IM Rate, 16 MW are subscribed, leaving 184 MW still 
available. Id.
    \18\ Id. at 4.
    \19\ Id. at 10.
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III. Discussion

A. Procedural Matters

    6. Pursuant to Rule 214 of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.214 (2017), the timely, unopposed motions to 
intervene serve to make the entities that filed them parties to this 
proceeding.
    7. Rule 213(a)(2) of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.213(a)(2) (2017), prohibits an answer to a 
protest or an answer unless otherwise ordered by the decisional 
authority. We are not persuaded to accept Bonneville's answer to the 
comments and protests, and therefore, reject it.

B. Standard of Review

    8. Under the Northwest Power Act, our review of Bonneville's 
transmission rates is limited to determining whether Bonneville's 
proposed rates satisfy the specific requirements of section 7(a)(2) of 
the Northwest Power Act, including that such rates:
    (A) Are sufficient to assure repayment of the Federal investment in 
the Federal Columbia River Power System over a reasonable number of 
years after first meeting [Bonneville's] other costs;
    (B) are based upon [Bonneville's] total system costs; and
    (C) insofar as transmission rates are concerned, equitably allocate 
the costs of the Federal transmission system between Federal and non-
Federal power utilizing such system.\20\
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    \20\ 16 U.S.C. 839e(a)(2) (2012). Bonneville also must comply 
with the financial, accounting, and ratemaking requirements in 
Department of Energy Order No. RA 6120.2.
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    9. Unlike the Commission's statutory authority under the Federal 
Power Act, the Commission's authority under section 7(a) of the 
Northwest Power Act does not include the power to modify the rates. The 
responsibility for developing rates in the first instance is vested 
with Bonneville's Administrator. The rates are then submitted to the 
Commission for approval or disapproval. In this regard, the 
Commission's role can be viewed as an appellate one: To affirm or 
remand the rates submitted to it for review.\21\
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    \21\ See, e.g., Bonneville Power Admin., 152 FERC ] 61,201, at P 
10 (2015) (citing U.S. Dep't of Energy--Bonneville Power Admin., 67 
FERC ] 61,351, at 62,216-17 (1994); Aluminum Co. of Am. v. 
Bonneville Power Admin., 903 F.2d 585, 592-93 (9th Cir. 1989)).
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    10. Moreover, review at this interim stage is further limited. In 
view of the volume and complexity of a Bonneville rate application, 
such as the one now before the Commission in this filing, and the 
limited period in advance of the requested effective date in which to 
review the application,\22\ the Commission generally defers resolution 
of issues on the merits of Bonneville's application until the order on 
final confirmation. Thus, we generally approve the proposed rates on an 
interim basis, unless the filing is patently deficient, and provide the 
parties with an additional opportunity to raise issues with regard to 
Bonneville's filing.\23\
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    \22\ See 18 CFR 300.10(a)(3)(ii) (2017).
    \23\ See, e.g., Bonneville Power Admin., 152 FERC ] 61,201 at P 
11 (citing U.S. Dep't of Energy--Bonneville Power Admin., 64 FERC ] 
61,375, at 63,606 (1993); U.S. Dep't of Energy--Bonneville Power 
Admin., 40 FERC ] 61,351, at 62,059-60 (1987)).
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    11. We decline at this time to grant Bonneville's request for final 
confirmation and approval of Bonneville's proposed transmission rates. 
However, we will grant Bonneville's request for interim approval. Our 
preliminary review indicates that Bonneville's transmission rates 
filing appears to meet the statutory standards and the minimum 
threshold filing requirements of Part 300 of the Commission's 
regulations.\24\ Moreover, our preliminary review of Bonneville's 
submittal indicates that it does not contain any patent deficiencies. 
The proposed rates, with the exception of the rates for transmission 
service on the Southern Intertie which are addressed separately in 
another order, therefore will be approved on an interim basis pending 
our further review. In addition, we note that no one will be harmed by 
this decision because interim approval allows Bonneville's rates to go 
into effect subject to refund with interest; the Commission may order 
refunds with interest if the Commission later determines in its final 
decision not to approve the rates.\25\
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    \24\ See, e.g., id. P 12 (citing U.S. Dep't of Energy--
Bonneville Power Admin., 105 FERC ] 61,006, at PP 13-14 (2003); U.S. 
Dep't of Energy--Bonneville Power Admin., 96 FERC ] 61,360, at 
62,358 (2001)).
    \25\ 18 CFR 300.20(c) (2017).
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    12. We will also provide an additional period of time for parties 
to file comments and reply comments on issues related to final 
confirmation and approval of Bonneville's proposed rates. This will 
ensure that the record in this proceeding is complete and fully 
developed. Specifically, if parties wish to file additional comments, 
they will be due within 30 days of the date of this order. Reply 
comments are due 20 days thereafter.
The Commission orders:
    (A) Interim approval of Bonneville's proposed transmission rates, 
with the exception of the rates for transmission service on the 
Southern Intertie, is hereby granted, to become effective on October 1, 
2017, through September 30, 2019, subject to refund with interest as 
set forth in section 300.20(c) of the Commission's regulations, 18 CFR 
300.20(c), pending final action and

[[Page 45841]]

either their approval or their disapproval.
    (B) Within 30 days of the date of this order, parties who wish to 
do so may file additional comments regarding final confirmation and 
approval of Bonneville's proposed rates. Parties who wish to do so may 
file reply comments within 20 days thereafter.
    (C) The Secretary shall promptly publish this order in the Federal 
Register.


    By the Commission.

    Issued: September 25, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-21060 Filed 9-29-17; 8:45 am]
 BILLING CODE 6717-01-P



                                                                             Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices                                                              45839

                                                   Docket Numbers: ER17–2541–000.                       DEPARTMENT OF ENERGY                                      probability of making all payments to
                                                   Applicants: Estill Solar I, LLC.                                                                               the United States Treasury in full and
                                                   Description: Baseline eTariff Filing:                Federal Energy Regulatory                                 on time for each year of the rate period.6
                                                MBR Application to be effective 11/22/                  Commission
                                                                                                                                                                  II. Notice of Filing
                                                2017.                                                   [Docket No. EF17–3–000]
                                                                                                                                                                     3. Notice of Bonneville’s July 31, 2017
                                                   Filed Date: 9/22/17.
                                                                                                        Bonneville Power Administration;                          filing was published in the Federal
                                                   Accession Number: 20170922–5093.                                                                               Register, 82 FR 37,445 (2017),7 with
                                                   Comments Due: 5 p.m. ET 10/13/17.                    Order Approving Rates on an Interim
                                                                                                        Basis and Providing Opportunity for                       protests and interventions due on or
                                                   Docket Numbers: ER17–2542–000.                       Additional Comments                                       before August 30, 2017. Timely motions
                                                   Applicants: Northern States Power                                                                              to intervene were filed by Pacific
                                                Company, a Minnesota corporation.                       Before Commissioners: Neil Chatterjee,                    Northwest Generating Cooperative,
                                                                                                          Chairman; Cheryl A. LaFleur, and Robert F.              Powerex Corporation, Turlock Irrigation
                                                   Description: § 205(d) Rate Filing:
                                                                                                          Powelson.                                               District, Avista Corporation, Sacramento
                                                2017–9–22 NSP–MGE–LBA Filing-
                                                0.0.0–650 to be effective 11/22/2017.                     1. In this order, we approve on an                      Municipal Utility District, Northwest
                                                   Filed Date: 9/22/17.                                 interim basis Bonneville Power                            Requirements Utilities, Industrial
                                                                                                        Administration’s (Bonneville) proposed                    Customers of Northwest Utilities,
                                                   Accession Number: 20170922–5116.
                                                                                                        2018–2019 transmission rates, with the                    NorthWestern Corporation, Western
                                                   Comments Due: 5 p.m. ET 10/13/17.                                                                              Public Agencies Group, M–S–R Public
                                                                                                        exception of the rates for transmission
                                                   Docket Numbers: ER17–2543–000.                       service on the Southern Intertie, which                   Power Agency, Snohomish County
                                                   Applicants: Southwest Power Pool,                    are addressed separately in another                       Public Utility District No. 1, Public
                                                Inc.                                                    order, pending our further review. We                     Power Council, Puget Sound Energy
                                                   Description: § 205(d) Rate Filing:                   also provide an additional period of                      Inc., Idaho Power Company, and
                                                2415R8 KMEA NITSA NOA and                               time for parties to file comments.                        Avangrid Renewables LLC. Renewable
                                                Cancellation of Westar NITSA NOA SA                                                                               Northwest filed a timely motion to
                                                2390 to be effective 9/1/2017.                          I. Background                                             intervene and comments. Sierra Club
                                                   Filed Date: 9/22/17.                                    2. On July 31, 2017,1 Bonneville filed                 and Montana Environmental
                                                   Accession Number: 20170922–5120.                     a request for interim and final approval                  Information Center (Sierra Club/MEIC)
                                                   Comments Due: 5 p.m. ET 10/13/17.                    of its transmission rates 2 in accordance                 filed a timely motion to intervene and
                                                                                                        with section 7 of the Pacific Northwest                   protest. On September 14, 2017,
                                                   Docket Numbers: ER17–2544–000.                       Electric Power Planning and                               Bonneville filed a request for leave to
                                                   Applicants: Northern States Power                    Conservation Act (Northwest Power                         answer and answer to Sierra Club/
                                                Company, a Wisconsin corporation.                       Act) 3 and Part 300 of the Commission’s                   MEIC’s protest and Renewable
                                                   Description: § 205(d) Rate Filing:                   regulations.4 Bonneville projects that                    Northwest’s comments.
                                                2017–9–22 NSPW Concur to NSPM                           the filed rates will produce average                         4. Sierra Club/MEIC argues that
                                                MGE LBA Filing-0.0.0–650 to be                          annual transmission revenues of $1.044                    eliminating Bonneville’s IM Rate,8 in
                                                effective 11/22/2017.                                   billion and annual net revenues of $4.65                  particular, is necessary to meet
                                                   Filed Date: 9/22/17.                                 million.5 Bonneville asserts that this                    Bonneville’s statutory mandate to
                                                   Accession Number: 20170922–5122.                     level of annual revenues is sufficient to                 encourage the widest possible
                                                   Comments Due: 5 p.m. ET 10/13/17.                    recover its costs for the 2018–2019 rate                  diversified use of electric power at the
                                                                                                        approval period, while providing cash                     lowest possible rates to consumers,
                                                   The filings are accessible in the
                                                                                                        flow to ensure at least a 95 percent                      consistent with sound business
                                                Commission’s eLibrary system by
                                                                                                                                                                  principles.9 Sierra Club/MEIC asserts
                                                clicking on the links or querying the                      1 Bonneville submitted errata filings on August 7,     that the IM Rate is the primary
                                                docket number.                                          2017, and August 10, 2017, respectively, to correct       impediment to renewable resource
                                                   Any person desiring to intervene or                  various attachments to the July 31, 2017 Transmittal
                                                                                                                                                                  development in Montana.10 Sierra Club/
                                                protest in any of the above proceedings                 Letter and to add inadvertently omitted documents
                                                                                                        to the record.                                            MEIC explains that Bonneville
                                                must file in accordance with Rules 211                     2 The proposed transmission rates for which            effectively charges two rates for
                                                and 214 of the Commission’s                             Bonneville seeks approval for the period of October       Montana producers seeking to use the
                                                Regulations (18 CFR 385.211 and                         1, 2017 through September 30, 2019 are: Formula           Eastern Intertie—the IM Rate and the
                                                385.214) on or before 5:00 p.m. Eastern                 Power Transmission Rate (FPT–18.1); Formula
                                                                                                                                                                  Network Rate—which inequitably
                                                time on the specified comment date.                     Power Transmission Rate (FPT–18.3); Integration of
                                                                                                        Resources Rate (IR–18); Network Integration Rate          allocates transmission costs and has
                                                Protests may be considered, but                         (NT–18); Point-to-Point Rate (PTP–18); Montana            impeded subscription of the Eastern
                                                intervention is necessary to become a                   Intertie Rate (IM–18) (IM Rate); Use-of-Facilities        Intertie.11 According to Sierra Club/
                                                party to the proceeding.                                Transmission Rate (UFT–18); Advance Funding
                                                                                                        Rate (AF–18); Townsend-Garrison Transmission
                                                   eFiling is encouraged. More detailed                 Rate (TGT–18); WECC and Peak Service Rate (PW–
                                                                                                                                                                       6 Bonneville   July 31, 2017 Transmittal Letter at 5,
                                                information relating to filing                          18); Oversupply Rate (OS–18); Eastern Intertie Rate       8.
                                                requirements, interventions, protests,                  (IE–18); Ancillary and Control Area Services Rates          7 Notices of Bonneville’s errata filings were

                                                service, and qualifying facilities filings              (ACS–18); and Transmission General Rate Schedule          published in the Federal Register, 82 FR 41,014
                                                                                                        Provisions. Bonneville July 31, 2017 Transmittal          (2017) and 82 FR 40,151 (2017). The notices of the
                                                can be found at: http://www.ferc.gov/                   Letter at 3.                                              errata filings retained the August 30, 2017 date by
                                                docs-filing/efiling/filing-req.pdf. For                    3 16 U.S.C. 839e (2012).                               which protests or interventions were due.
sradovich on DSK3GMQ082PROD with NOTICES




                                                other information, call (866) 208–3676                     4 18 CFR pt. 300 (2017).                                 8 The IM Rate is the rate that Bonneville charges

                                                (toll free). For TTY, call (202) 502–8659.                 5 These values are the totals of all of Bonneville’s   for the available 200 megawatts (MW) of capacity
                                                                                                        transmission revenues, inclusive of the                   on the Eastern Intertie, which is the portion of the
                                                  Dated: September 22, 2017.                            transmission rates at issue in Docket No. EF17–4–         Montana Intertie between the Townsend and
                                                Nathaniel J. Davis, Sr.,                                000. See Bonneville August 7, 2017 Transmittal            Garrison substations in western Montana that
                                                                                                        Letter at 2; Bonneville Power Admin., 160 FERC ¶          Bonneville built and continues to operate.
                                                Deputy Secretary.                                                                                                   9 Sierra Club/MEIC Protest at 1.
                                                                                                        61,113 (2017) (approving on an interim basis the
                                                [FR Doc. 2017–20996 Filed 9–29–17; 8:45 am]             transmission rates associated with the Southern             10 Id. at 11.

                                                BILLING CODE 6717–01–P                                  Intertie).                                                  11 Id. at 2–3, 11.




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                                                45840                        Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

                                                MEIC, eliminating this ‘‘pancake’’ rate                 serve to make the entities that filed                 interim basis, unless the filing is
                                                structure would enable high-quality                     them parties to this proceeding.                      patently deficient, and provide the
                                                Montana wind resources to affordably                      7. Rule 213(a)(2) of the Commission’s               parties with an additional opportunity
                                                transmit their power and meet growing                   Rules of Practice and Procedure, 18 CFR               to raise issues with regard to
                                                needs for renewable power in the                        385.213(a)(2) (2017), prohibits an                    Bonneville’s filing.23
                                                Pacific Northwest.12 Sierra Club/MEIC                   answer to a protest or an answer unless                  11. We decline at this time to grant
                                                states that the IM Rate yields very little              otherwise ordered by the decisional                   Bonneville’s request for final
                                                revenue for Bonneville because it is                    authority. We are not persuaded to                    confirmation and approval of
                                                undersubscribed, and that cost recovery                 accept Bonneville’s answer to the                     Bonneville’s proposed transmission
                                                principles, cost causation principles,                  comments and protests, and therefore,                 rates. However, we will grant
                                                and Bonneville’s segmentation policy                    reject it.                                            Bonneville’s request for interim
                                                do not support maintaining the IM                       B. Standard of Review                                 approval. Our preliminary review
                                                Rate.13 Lastly, Sierra Club/MEIC states                                                                       indicates that Bonneville’s transmission
                                                that speculation on future upgrades to                    8. Under the Northwest Power Act,                   rates filing appears to meet the statutory
                                                Bonneville’s transmission network is                    our review of Bonneville’s transmission               standards and the minimum threshold
                                                not a legitimate basis for maintaining                  rates is limited to determining whether               filing requirements of Part 300 of the
                                                the IM Rate, and eliminating the IM Rate                Bonneville’s proposed rates satisfy the               Commission’s regulations.24 Moreover,
                                                does not require Bonneville to roll-in                  specific requirements of section 7(a)(2)              our preliminary review of Bonneville’s
                                                the Southern Intertie.14 Sierra Club/                   of the Northwest Power Act, including                 submittal indicates that it does not
                                                MEIC urges the Commission to                            that such rates:                                      contain any patent deficiencies. The
                                                                                                          (A) Are sufficient to assure repayment
                                                disapprove the IM Rate and direct                                                                             proposed rates, with the exception of
                                                                                                        of the Federal investment in the Federal
                                                Bonneville to establish a rate structure                                                                      the rates for transmission service on the
                                                                                                        Columbia River Power System over a
                                                for the Eastern Intertie that is consistent                                                                   Southern Intertie which are addressed
                                                                                                        reasonable number of years after first
                                                with Bonneville’s statutory mandate.15                                                                        separately in another order, therefore
                                                                                                        meeting [Bonneville’s] other costs;
                                                   5. Renewable Northwest similarly                       (B) are based upon [Bonneville’s] total             will be approved on an interim basis
                                                filed comments requesting that the                      system costs; and                                     pending our further review. In addition,
                                                Commission disapprove Bonneville’s                        (C) insofar as transmission rates are               we note that no one will be harmed by
                                                proposed IM Rate on the basis that the                  concerned, equitably allocate the costs               this decision because interim approval
                                                rate does not ‘‘encourag[e] the widest                  of the Federal transmission system                    allows Bonneville’s rates to go into
                                                possible diversified use of electric                    between Federal and non-Federal power                 effect subject to refund with interest; the
                                                power at the lowest possible rates to                   utilizing such system.20                              Commission may order refunds with
                                                consumers consistent with sound                           9. Unlike the Commission’s statutory                interest if the Commission later
                                                business principles.’’ 16 Renewable                     authority under the Federal Power Act,                determines in its final decision not to
                                                Northwest asserts that the IM Rate                      the Commission’s authority under                      approve the rates.25
                                                imposes a financial disadvantage that is                section 7(a) of the Northwest Power Act                  12. We will also provide an additional
                                                a disincentive to the use of Bonneville’s               does not include the power to modify                  period of time for parties to file
                                                184 MW of unsubscribed Eastern                          the rates. The responsibility for                     comments and reply comments on
                                                Intertie capacity.17 Renewable                          developing rates in the first instance is             issues related to final confirmation and
                                                Northwest suggests that eliminating the                 vested with Bonneville’s Administrator.               approval of Bonneville’s proposed rates.
                                                IM Rate would encourage subscription                    The rates are then submitted to the                   This will ensure that the record in this
                                                of Eastern Intertie capacity and generate               Commission for approval or                            proceeding is complete and fully
                                                additional revenue for Bonneville.18                    disapproval. In this regard, the                      developed. Specifically, if parties wish
                                                Renewable Northwest encourages the                      Commission’s role can be viewed as an                 to file additional comments, they will be
                                                Commission to direct Bonneville to                      appellate one: To affirm or remand the                due within 30 days of the date of this
                                                work with stakeholders on a rate                        rates submitted to it for review.21                   order. Reply comments are due 20 days
                                                structure that would encourage                            10. Moreover, review at this interim                thereafter.
                                                subscription of Bonneville’s available                  stage is further limited. In view of the              The Commission orders:
                                                Eastern Intertie capacity in a manner                   volume and complexity of a Bonneville
                                                that is consistent with Bonneville’s                    rate application, such as the one now                   (A) Interim approval of Bonneville’s
                                                statutory directives.19                                 before the Commission in this filing,                 proposed transmission rates, with the
                                                                                                        and the limited period in advance of the              exception of the rates for transmission
                                                III. Discussion                                                                                               service on the Southern Intertie, is
                                                                                                        requested effective date in which to
                                                A. Procedural Matters                                   review the application,22 the                         hereby granted, to become effective on
                                                                                                        Commission generally defers resolution                October 1, 2017, through September 30,
                                                  6. Pursuant to Rule 214 of the
                                                                                                        of issues on the merits of Bonneville’s               2019, subject to refund with interest as
                                                Commission’s Rules of Practice and
                                                                                                        application until the order on final                  set forth in section 300.20(c) of the
                                                Procedure, 18 CFR 385.214 (2017), the
                                                                                                        confirmation. Thus, we generally                      Commission’s regulations, 18 CFR
                                                timely, unopposed motions to intervene
                                                                                                        approve the proposed rates on an                      300.20(c), pending final action and
                                                  12 Id. at 2–3.                                          20 16 U.S.C. 839e(a)(2) (2012). Bonneville also       23 See, e.g., Bonneville Power Admin., 152 FERC
                                                  13 Id. at 3, 12.
                                                                                                        must comply with the financial, accounting, and       ¶ 61,201 at P 11 (citing U.S. Dep’t of Energy—
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                                                  14 Id. at 31, 33.
                                                                                                        ratemaking requirements in Department of Energy       Bonneville Power Admin., 64 FERC ¶ 61,375, at
                                                  15 Id. at 12.
                                                                                                        Order No. RA 6120.2.                                  63,606 (1993); U.S. Dep’t of Energy—Bonneville
                                                  16 Renewable Northwest Comments at 7 (quoting           21 See, e.g., Bonneville Power Admin., 152 FERC     Power Admin., 40 FERC ¶ 61,351, at 62,059–60
                                                16 U.S.C. 838g (2012).                                  ¶ 61,201, at P 10 (2015) (citing U.S. Dep’t of        (1987)).
                                                  17 Of the 200 MW available on the Eastern Intertie
                                                                                                        Energy—Bonneville Power Admin., 67 FERC                 24 See, e.g., id. P 12 (citing U.S. Dep’t of Energy—
                                                that are subject to the IM Rate, 16 MW are              ¶ 61,351, at 62,216–17 (1994); Aluminum Co. of        Bonneville Power Admin., 105 FERC ¶ 61,006, at PP
                                                subscribed, leaving 184 MW still available. Id.         Am. v. Bonneville Power Admin., 903 F.2d 585,         13–14 (2003); U.S. Dep’t of Energy—Bonneville
                                                  18 Id. at 4.                                          592–93 (9th Cir. 1989)).                              Power Admin., 96 FERC ¶ 61,360, at 62,358 (2001)).
                                                  19 Id. at 10.                                           22 See 18 CFR 300.10(a)(3)(ii) (2017).                25 18 CFR 300.20(c) (2017).




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                                                                             Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices                                                  45841

                                                either their approval or their                          facilities that tie into the Overland Pass            taken, but the filing of a comment alone
                                                disapproval.                                            Pipeline Company all located in Carbon                will not serve to make the filer a party
                                                   (B) Within 30 days of the date of this               County, Wyoming; and the                              to the proceeding. The Commission’s
                                                order, parties who wish to do so may                    abandonment by sale of natural gas                    rules require that persons filing
                                                file additional comments regarding final                liquids pipelines, associated natural gas             comments in opposition to the project
                                                confirmation and approval of                            liquids measurement facilities, and                   provide copies of their protests only to
                                                Bonneville’s proposed rates. Parties who                natural gas liquids rail loading facilities           the party or parties directly involved in
                                                wish to do so may file reply comments                   to Sinclair Wyoming Refining Company.                 the protest.
                                                within 20 days thereafter.                                 Pursuant to section 157.9 of the
                                                   (C) The Secretary shall promptly                     Commission’s rules, 18 CFR 157.9,                        Persons who wish to comment only
                                                publish this order in the Federal                       within 90 days of this Notice the                     on the environmental review of this
                                                Register.                                               Commission staff will either complete                 project should submit an original and
                                                                                                        its environmental assessment (EA) and                 two copies of their comments to the
                                                  By the Commission.                                                                                          Secretary of the Commission.
                                                                                                        place it into the Commission’s public
                                                  Issued: September 25, 2017.                           record (eLibrary) for this proceeding; or             Environmental commentors will be
                                                Kimberly D. Bose,                                       issue a Notice of Schedule for                        placed on the Commission’s
                                                Secretary.                                              Environmental Review. If a Notice of                  environmental mailing list, will receive
                                                [FR Doc. 2017–21060 Filed 9–29–17; 8:45 am]             Schedule for Environmental Review is                  copies of the environmental documents,
                                                BILLING CODE 6717–01–P                                  issued, it will indicate, among other                 and will be notified of meetings
                                                                                                        milestones, the anticipated date for the              associated with the Commission’s
                                                                                                        Commission staff’s issuance of the final              environmental review process.
                                                DEPARTMENT OF ENERGY                                    environmental impact statement (FEIS)                 Environmental commentors will not be
                                                                                                        or EA for this proposal. The filing of the            required to serve copies of filed
                                                Federal Energy Regulatory                               EA in the Commission’s public record
                                                Commission                                                                                                    documents on all other parties.
                                                                                                        for this proceeding or the issuance of a
                                                                                                                                                              However, the non-party commentors
                                                [Docket No. CP17–493–000]                               Notice of Schedule for Environmental
                                                                                                        Review will serve to notify federal and               will not receive copies of all documents
                                                                                                        state agencies of the timing for the                  filed by other parties or issued by the
                                                Colorado Interstate Gas Company,
                                                LLC’; Notice of Application                             completion of all necessary reviews, and              Commission (except for the mailing of
                                                                                                        the subsequent need to complete all                   environmental documents issued by the
                                                   Take notice that on September 14,                    federal authorizations within 90 days of              Commission) and will not have the right
                                                2017, Colorado Interstate Gas Company,                  the date of issuance of the Commission                to seek court review of the
                                                LLC (CIG), Post Office Box 1087,                        staff’s FEIS or EA.                                   Commission’s final order.
                                                Colorado Springs, Colorado 80944, filed                    There are two ways to become                          The Commission strongly encourages
                                                in Docket No. CP17–493–000 an                           involved in the Commission’s review of                electronic filings of comments, protests
                                                application pursuant to section 7(b) of                 this project. First, any person wishing to
                                                the Natural Gas Act (NGA) requesting an                                                                       and interventions in lieu of paper using
                                                                                                        obtain legal status by becoming a party               the eFiling link at http://www.ferc.gov.
                                                order authorizing the abandonment of                    to the proceedings for this project
                                                certain facilities related to the Rawlins                                                                     Persons unable to file electronically
                                                                                                        should, on or before the comment date
                                                Processing Plant, all as more fully set                                                                       should submit an original and 14 copies
                                                                                                        stated below, file with the Federal
                                                forth in the application which is on file               Energy Regulatory Commission, 888                     of the protest or intervention to the
                                                with the Commission and open to                         First Street NE., Washington, DC 20426,               Federal Energy regulatory Commission,
                                                public inspection. The filing may also                  a motion to intervene in accordance                   888 First Street NE., Washington, DC
                                                be viewed on the web at http://                         with the requirements of the                          20426.
                                                www.ferc.gov using the eLibrary link.                   Commission’s Rules of Practice and                       This filing is accessible on-line at
                                                Enter the docket number excluding the                   Procedure (18 CFR 385.214 or 385.211)                 http://www.ferc.gov, using the eLibrary
                                                last three digits in the docket number                  and the Regulations under the NGA (18                 link and is available for review in the
                                                field to access the document. For                       CFR 157.10). A person obtaining party                 Commission’s Public Reference Room in
                                                assistance, please contact FERC Online                  status will be placed on the service list             Washington, DC. There is an
                                                Support at FERCOnlineSupport@                           maintained by the Secretary of the                    eSubscription link on the Web site that
                                                ferc.gov or toll free at (866) 208–3676, or             Commission and will receive copies of                 enables subscribers to receive email
                                                TTY, contact (202) 502–8659.                            all documents filed by the applicant and              notification when a document is added
                                                   Any questions concerning this                        by all other parties. A party must submit
                                                application may be directed to                                                                                to a subscribed docket(s). For assistance
                                                                                                        original and 7 copies of filings made
                                                Francisco Tarin, Director, Regulatory                                                                         with any FERC Online service, please
                                                                                                        with the Commission and must mail a
                                                Affairs, Colorado Interstate Gas                        copy to the applicant and to every other              email FERCOnlineSupport@ferc.gov, or
                                                Company, LLC, P.O. Box 1087, Colorado                   party in the proceeding. Only parties to              call (866) 208–3676 (toll free). For TTY,
                                                Springs, Colorado, 80944 at (719) 667–                  the proceeding can ask for court review               call (202) 502–8659.
                                                7517 or Mark A. Minich, Assistant                       of Commission orders in the proceeding.                  Comment Date: 5:00 p.m. Eastern
                                                General Counsel, Colorado Interstate                       However, a person does not have to                 Time on October 17, 2017.
                                                Gas Company, LLC, P.O. Box 1087,                        intervene in order to have comments
                                                                                                                                                                Dated; September 26, 2017.
                                                                                                        considered. The second way to
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                                                Colorado Springs, Colorado, 80944 at
                                                (719) 520–4416.                                         participate is by filing with the                     Kimberly D. Bose,
                                                   Specifically, CIG is requesting                      Secretary of the Commission, as soon as               Secretary.
                                                approval for the abandonment in place                   possible, an original and two copies of               [FR Doc. 2017–21059 Filed 9–29–17; 8:45 am]
                                                of the Rawlins lean oil processing and                  comments in support of or in opposition               BILLING CODE 6717–01–P
                                                fractionation plants, as well as natural                to this project. The Commission will
                                                gas liquids truck off-loading facilities,               consider these comments in
                                                and natural gas liquids interconnecting                 determining the appropriate action to be


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Document Created: 2017-09-30 04:41:24
Document Modified: 2017-09-30 04:41:24
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
FR Citation82 FR 45839 

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