82_FR_47396 82 FR 47201 - Final 2018 Olmsted Power Marketing Plan and Call for Applications

82 FR 47201 - Final 2018 Olmsted Power Marketing Plan and Call for Applications

DEPARTMENT OF ENERGY
Western Area Power Administration

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47201-47204
FR Document2017-21934

Western Area Power Administration (WAPA), a Federal power marketing agency of the Department of Energy, announces its Final 2018 Olmsted Power Marketing Plan and Call for Applications for an allocation of energy from the Olmsted Powerplant Replacement Project.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017) 
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47201-47204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21934]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Final 2018 Olmsted Power Marketing Plan and Call for Applications

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of Final 2018 Olmsted Power Marketing Plan and Call for 
Applications.

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SUMMARY: Western Area Power Administration (WAPA), a Federal power 
marketing agency of the Department of Energy, announces its Final 2018 
Olmsted Power Marketing Plan and Call for Applications for an 
allocation of energy from the Olmsted Powerplant Replacement Project.

DATES: Applications and Applicant Profile Data are due December 11, 
2017 to be assured of consideration by WAPA.

ADDRESSES: Send applications to: Ms. Lynn Jeka, CRSP Manager, CRSP 
Management Center, Western Area Power Administration, 150 East Social 
Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580. Applications may 
also be faxed to (801) 524-5017 or emailed to [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Brent Osiek, Power Marketing 
Manager, (801) 524-5495; or Mr. Lyle Johnson, Public Utilities 
Specialist, (801) 524-5585. Written requests for information should be 
sent to CRSP Management Center, Western Area Power Administration, 150 
East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580; 
faxed to (801) 524-5017; or emailed to [email protected].

SUPPLEMENTARY INFORMATION: The United States acquired the Olmsted 
Powerplant in 1990 through condemnation proceedings in order to secure 
the water rights associated with the Olmsted Powerplant deemed 
essential to the Central Utah Project (CUP). The CUP is a participating 
project of the Colorado River Storage Project. As part of the 
condemnation proceedings, PacifiCorp continued Olmsted operations until 
2015; after which time, the operation of the facility became the 
responsibility of the Bureau of Reclamation.
    The existing Olmsted Powerplant greatly exceeded its operational 
life, and a replacement facility was needed for the generation of power 
and preservation of associated non-consumptive water rights. On 
February 4, 2015, an Implementation Agreement (Agreement) for the 
Olmsted Powerplant Replacement Project (Project) was signed by Central 
Utah Water Conservancy District (District), the Department of the 
Interior, Bureau of Reclamation, and WAPA (Participants). The Agreement 
sets forth the responsibilities of the Participants and identifies 
funding of the Project. The District will construct, operate, maintain, 
and replace the Olmsted Powerplant and incidental facilities in 
connection with its CUP operations, including power generation.
    WAPA is responsible for marketing the Olmsted energy, which is 
anticipated to be first available in the summer of 2018. Power 
production will be incidental to the delivery of water and will only be 
available when water is present. Therefore, only energy, without 
capacity, will be available for marketing. It is expected that the 
annual energy production from the replacement Olmsted Powerplant will 
average around 27,000,000 kWh per year.

Response to Comments on the Olmsted Proposed Marketing Criteria

    WAPA received numerous comments on its Proposed 2018 Olmsted Power 
Marketing Plan during the comment period. WAPA reviewed and considered 
all comments received, and this section summarizes and responds to the 
comments received. For brevity, when it was possible to do so without 
affecting the meaning of the statements, the public comments below were 
paraphrased.
    Comment: Can WAPA explain how it determined the marketing area? How 
were certain Utah counties picked? Is it based on the Provo River 
drainage? Why

[[Page 47202]]

were Davis, Weber, Morgan, and Summit counties included?
    Response: Because of the small amount of energy available from the 
Project, the marketing area was limited to the Utah counties in the 
vicinity of the powerplant in order to avoid costly transmission and to 
ensure that entities receiving an allocation would benefit from the 
energy while at the same time creating a marketing area sufficiently 
large enough to ensure wide-spread use of the Federal resource.
    Comment: Would there be a benefit to WAPA if a group of eligible 
applicants were to work together and submit a combined application with 
a recommended allocation?
    Response: WAPA will not discourage a combined application. However, 
WAPA will consider the loads and resources of the entities 
participating in a combined application in the same way it would 
consider individual applications.
    Comment: The marketing plan states that ``priority'' will be given 
to the plant operator, which is the Central Utah Water Conservancy 
District (District). The commenter supported this ``priority or 
preference'' to the District and asked if there are other criteria to 
be considered by WAPA in giving another utility a similar priority or 
preference.
    Response: There are no other circumstances that will create 
priority.
    Comment: Priority should be given to the District as the operator 
of the Olmsted Powerplant.
    Response: Thank you for your comment.
    Comment: Were applicants expected to apply for an allocation on or 
before the March 2, 2017, date or will there be another process or 
timetable to apply for an allocation? Will there be other details about 
the application process, or will a simple statement of interest as a 
ready, willing, and able utility be sufficient?
    Response: Details about how to apply for an allocation are provided 
in this Notice. Applicants will be asked to complete WAPA's Applicant 
Profile Data form.
    Comment: It would be beneficial if WAPA could expedite the Olmsted 
Power Marketing Plan process so the awarded entities would have 
sufficient time to complete the details on transmission and 
distribution services, scheduling, and reserves for delivery of the 
Olmsted Powerplant energy.
    Response: WAPA will work to complete this process as quickly as 
possible while meeting public process requirements.
    Comment: One commenter, as the representative for its members who 
are also participants in the CRSP, noted it does not have any major 
issues with the plan.
    Response: Thank you for your comment.
    Comment: One commenter expressed concern that WAPA would ``take 
into consideration all existing Federal hydropower allocations an 
applicant is currently receiving when determining the Olmsted 
allocation.'' The commenter proposed that allocations be proportionate 
to other existing Federal allocations.
    Response: In order to assure widespread use for Federal power 
resources, WAPA will consider the percentage of a customer's total load 
currently being met with Federal power through other allocations the 
customer may have. Applicants with larger proportions of load served 
with Federal power may, therefore, receive a relatively smaller 
percentage allocation of Olmsted energy and vice versa.
    Comment: One commenter asked for clarification of the specific 
marketing criteria and administrative discretion referred to under 
Reclamation Law and further stated: ``We assume these marketing 
criteria and administrative discretion includes the responsibilities 
and contributions of the parties referred to in the Olmsted 
Implementation and Funding Agreements and the responsibilities and 
contributions in these agreements pertain more specifically for this 
Project and should be considered with more priority.''
    Response: WAPA's Administrator has discretion to provide 
allocations of electricity pursuant to the body of legislation known as 
Reclamation Law. No other marketing commitments are made; however, WAPA 
did provide that the District would receive priority in receiving an 
allocation.
    Comment: A commenter expressed support for the marketing area 
identified in the Federal Register Notice (FRN) and asked if the 
District, whose headquarters are in the marketing area, can serve not 
only its facilities within the boundaries of the marketing plan but 
also those that extend beyond the marketing area. The commenter 
suggested that the marketing plan allow it to serve its loads located 
within Uintah and Duchesne counties with Olmsted energy.
    Response: Any allocations will be based on loads that are within 
the marketing area.
    Comment: A separate ratesetting process is required. It is critical 
that the rate action be completed in a timely manner so that it could 
be ready to receive energy before it is generated in 2018. It is 
imperative for the marketing of the energy from Olmsted Powerplant that 
the rate methodology be competitive in the current power supply market 
but also sufficient to reimburse the District for the OM&R of the 
Project.
    Response: WAPA intends to have the ratesetting process proceed 
concurrently with the completion of the Marketing Plan process.
    Comment: Several comments were received supporting WAPA's proposal 
to allocate customers a percentage of the energy produced annually and 
pay the proportional percentage of the Project's annual operation and 
maintenance expenses.
    Response: WAPA appreciates the support of its proposed rate 
methodology.
    Comment: One commenter stated, ``it makes excellent sense to offer 
this non-dispatchable resource as a percentage of the total energy 
available.''
    Response: Thank you for your comment.
    Comment: A commenter claimed it should receive priority for an 
allocation from Olmsted because it established a vested interest in the 
facilities as it expended funds many years ago in an unsuccessful 
attempt to obtain a license from the Federal Energy Regulatory 
Commission (FERC) to operate the Olmsted Powerplant. Its effort was 
abandoned when the Olmsted facilities were to be acquired by the 
Federal government.
    Response: Under Reclamation Law, the expenditure of funds trying to 
obtain a FERC license to operate the Olmsted Powerplant does not 
establish a priority for an allocation from any future power 
generation.
    Comment: What is the ``marketing criteria'' under Reclamation Law 
and can this be described?
    Response: WAPA markets Federal hydropower through the authority 
given it by the body of law known as Reclamation Law including, but not 
limited to, the Acts of Congress approved June 17, 1902 (32 Stat. 388); 
the Reclamation Act of 1939, dated August 4, 1939 (53 Stat. 1187); the 
Department of Energy Organization Act, dated August 4, 1977 (91 Stat. 
565); the Energy Policy Act of 1992 (Pub. L. 102-486); and Acts 
amendatory or supplementary to the foregoing Acts. Marketing Criteria 
are developed through a public process and are set forth in this 
Notice.

Final Olmsted Power Marketing Plan

    WAPA will apply the following criteria to applicants seeking an 
allocation of energy under the Final 2018 Olmsted Power Marketing Plan:
    1. Contract Term: To gain actual generation data and operating

[[Page 47203]]

experience, the term of the contract will be limited. Service is 
expected to begin on July 1, 2018, or as soon as the Project is 
declared commercially operable; and the contract term will be effective 
through September 30, 2024.
    2. Marketing Area: Due to the relatively small size of the resource 
and its operating characteristics, eligible applicants must be 
preference entities in accordance with section 9(c) of the Reclamation 
Project Act of 1939 (43 U.S.C. 485h(c)) and located within the 
following counties in Utah: Davis, Morgan, Salt Lake, Summit, Utah, 
Weber, and Wasatch.
    3. Delivery Point: 12.47-kV bus at PacifiCorp's Hale Substation or 
another substation as agreed by WAPA.
    4. Transmission: Any associated transformation/transmission beyond 
the Delivery Point is the sole responsibility of the applicant. 
Applicants must have the necessary arrangements for transmission and/or 
distribution service in place by April 1, 2018.
    5. Eligible Applicants: WAPA will provide allocations only to 
preference entities in the marketing area. WAPA, through the public 
process, will determine the amount of energy, if any, to allocate in 
accordance with the marketing criteria and administrative discretion 
under Reclamation Law. Priority will be given to the District as the 
operator of the Olmsted Powerplant.
    6. Resource Pool: WAPA will take into consideration all existing 
Federal hydropower allocations an applicant is currently receiving when 
determining each allocation. Allocations of Olmsted energy will be 
determined solely by WAPA. Applicants who receive an allocation will be 
allocated a percentage of the annual energy output of the Powerplant.
    7. Preference Entities: Preference will be given to entities in 
accordance with section 9(c) of the Reclamation Project Act of 1939, 43 
U.S.C. 485h(c), as amended and supplemented, including municipalities, 
rural cooperatives, and political subdivisions including irrigation or 
other districts, municipalities, and other governmental organizations 
that have electric utility status by April 1, 2018; and, Federally 
recognized Native American tribes as defined in the Indian Self 
Determination Act of 1975, 25 U.S.C. 5304, as amended. ``Electric 
utility status'' means that the entity has responsibility to meet load 
growth, has a distribution system, and is ready, willing, and able to 
purchase Federal power from WAPA on a wholesale basis.
    8. Ready, Willing, and Able: Eligible applicants must be ready, 
willing, and able to receive and distribute or use energy from WAPA. 
Ready, willing, and able means the applicant has the facilities needed 
to receive power or has made the necessary arrangements for 
transmission and/or distribution service, and its power supply 
contracts with third parties permit the delivery of WAPA's power.
    9. Rates and Payment: A proposed ratesetting methodology will be 
published in a separate FRN.

Call for Applications for Power

    This Notice formally requests applications from eligible entities 
seeking to purchase Federal power from Olmsted. WAPA is requesting that 
its Applicant Profile Data (APD) form be used to provide a uniform 
basis for evaluating applications. APD forms are available upon request 
or may be accessed online at www.wapa.gov/PowerMarketing/Documents/Applicant-Profile-Data-form.pdf. See the ADDRESSES section for where to 
send applications. To be considered, entities must submit an 
application to the Western Area Power Administration, CRSP Management 
Center, as requested below. To ensure full consideration for all 
applicants, WAPA reserves the right not to consider applications 
submitted before publication of this Notice or after the deadline 
specified in the DATES section.

Applicant Profile Data Application

    The content and format of the APD form are outlined below. 
Applicants must provide all requested information, or the most 
reasonable available estimate, or should indicate ``not applicable'' if 
they have no information to be considered for a requested item. WAPA is 
not responsible for errors in data or missing pages. All items of 
information in the APD form should be answered as if prepared by the 
entity seeking the allocation. The APD form includes the following:
    1. Applicant: (a) Applicant's (entity requesting a new allocation) 
name and address. (b) Person(s) representing applicant: Please provide 
the name, title, address, telephone and fax numbers, and email address 
of such person(s). (c) Type of organization: For example, Federal or 
state agency, irrigation district, municipality, Native American tribe, 
public utility district, or rural electric cooperative. (d) Parent 
organization of applicant, if any. (e) Name of members or suballottees, 
if any. (f) Applicable law under which the organization was 
established. (g) Applicant's geographic service area. If available, 
submit a map of the service area, and indicate the date prepared. (h) 
Describe the entity/organization that will interact with WAPA about 
contract and billing matters. (i) The amount of power the applicant is 
requesting to be provided by WAPA.
    2. Loads: (a) If applicable, number and type of customers served in 
one of the last 3 calendar years including calendar years 2014, 2015, 
or 2016; e.g., residential, commercial, industrial, military base, 
agricultural. (b) The actual monthly maximum demand (in kilowatts) and 
energy use (in kilowatthours) experienced in one of the last 3 calendar 
years including calendar years 2014, 2015, or 2016. (c) For Native 
American tribe applicants, if actual demand and energy data are not 
available, provide estimated monthly demand (in kilowatts) with a 
description of the method and basis.
    3. Resources: (a) A list of current Federal power supplies. For 
each supply, provide the amount of capacity received from that power 
supply and its location. (b) Status of power supply contract(s), 
including a contract termination date. Indicate whether power supply is 
on a firm basis or some other type of arrangement.
    4. Transmission: (a) Point of delivery: Olmsted energy will be 
delivered at PacifiCorp's Hale Substation at 12.7-kV or another 
substation as agreed by WAPA. (b) Transmission arrangement: Describe 
the applicant's transmission arrangements necessary to deliver power to 
the requested points of delivery beyond WAPA's transmission system. (c) 
Provide a brief explanation of the applicant's ability to receive and 
use, or receive and distribute, Federal power as of April 1, 2018.
    5. Other Information: The applicant may provide any other 
information pertinent to receiving an allocation.
    6. Signature: The signature and title of an appropriate official 
who is able to attest to the validity of the APD and who is authorized 
to submit the request for an allocation is required.

WAPA's Consideration of Applications

    Upon receiving the APD, WAPA will verify that the applicant meets 
the eligibility criteria and that the application contains all 
information requested in the APD form. WAPA may request, in writing, 
additional information from any applicant whose APD is determined to be 
deficient. The applicant will have 15 calendar days from the date on 
WAPA's letter of request to provide the information. If WAPA determines 
the applicant does not meet the eligibility criteria, WAPA will send a 
letter explaining why the applicant did not qualify. If the applicant 
has met the eligibility criteria, WAPA will determine the amount of

[[Page 47204]]

power, if any, to allocate in accordance with the marketing criteria. 
WAPA will send a draft contract to the applicant that identifies the 
terms and conditions of the offer and the amount of power allocated to 
the applicant.

Availability of Information

    The APD form and documents developed or retained by WAPA during 
this public process will be available, by appointment, for inspection 
and copying at the CRSP Management Center, located at 150 East Social 
Hall Avenue, Suite 300, Salt Lake City, Utah.

Procedural Requirements

Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) of 
1969 (42 U.S.C. 4321-4347), the Council on Environmental Quality 
Regulations (40 CFR parts 1500-1508), and DOE NEPA Regulations (10 CFR 
1021), WAPA issued a Finding of No Significant Impact (FONSI) on 
January 13, 2017. The FONSI and other NEPA compliance documentation may 
be found at https://www.wapa.gov/regions/CRSP/environment/Pages/environment.aspx.

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.

Review Under the Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, 94 Stat. 
2812, WAPA received approval from the Office of Management and Budget 
(OMB), under control number 1910-5136, to collect customer information 
through WAPA's Applicant Profile Data in order to allocate Federal 
hydropower.

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.

    Dated: August 18, 2017.
Mark A. Gabriel,
Administrator.
[FR Doc. 2017-21934 Filed 10-10-17; 8:45 am]
 BILLING CODE 6450-01-P

Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47201 Comments Due: 5 p.m. ET 10/10/17. clicking on the links or querying the Avenue, Suite 300, Salt Lake City, UT Docket Numbers: RP16–855–001. docket number. 84111–1580; faxed to (801) 524–5017; or Applicants: National Grid LNG, LLC. Any person desiring to intervene or emailed to ljohnson@wapa.gov. Description: Compliance filing protest in any of the above proceedings SUPPLEMENTARY INFORMATION: The NAESB Section 34—MetaData Clean-Up must file in accordance with Rules 211 United States acquired the Olmsted to be effective 4/1/2016. and 214 of the Commission’s Powerplant in 1990 through Filed Date: 10/2/17. Regulations (18 CFR 385.211 and condemnation proceedings in order to Accession Number: 20171002–5169. § 385.214) on or before 5:00 p.m. Eastern secure the water rights associated with Comments Due: 5 p.m. ET 10/16/17. time on the specified comment date. the Olmsted Powerplant deemed Docket Numbers: RP18–1–000. Protests may be considered, but essential to the Central Utah Project Applicants: American Midstream intervention is necessary to become a (CUP). The CUP is a participating (AlaTenn), LLC. party to the proceeding. project of the Colorado River Storage Description: § 4(d) Rate Filing: eFiling is encouraged. More detailed Project. As part of the condemnation AlaTenn Reservation Fee Credit Filing information relating to filing proceedings, PacifiCorp continued to be effective 11/2/2017. requirements, interventions, protests, Olmsted operations until 2015; after Filed Date: 10/2/17. service, and qualifying facilities filings which time, the operation of the facility Accession Number: 20171002–5138. can be found at: http://www.ferc.gov/ became the responsibility of the Bureau Comments Due: 5 p.m. ET 10/16/17. docs-filing/efiling/filing-req.pdf. For of Reclamation. Docket Numbers: RP18–2–000. other information, call (866) 208–3676 The existing Olmsted Powerplant Applicants: Iroquois Gas (toll free). For TTY, call (202) 502–8659. greatly exceeded its operational life, and Transmission System, L.P. Dated: October 3, 2017. a replacement facility was needed for Description: § 4(d) Rate Filing: 100217 the generation of power and Nathaniel J. Davis, Sr., Negotiated Rates—Wells Fargo preservation of associated non- Deputy Secretary. Commodities, LLC R–7810–04 to be consumptive water rights. On February [FR Doc. 2017–21819 Filed 10–10–17; 8:45 am] 4, 2015, an Implementation Agreement effective 11/1/2017. Filed Date: 10/2/17. BILLING CODE 6717–01–P (Agreement) for the Olmsted Powerplant Accession Number: 20171002–5170. Replacement Project (Project) was Comments Due: 5 p.m. ET 10/16/17. signed by Central Utah Water DEPARTMENT OF ENERGY Conservancy District (District), the Docket Numbers: RP18–3–000. Applicants: Iroquois Gas Department of the Interior, Bureau of Western Area Power Administration Transmission System, L.P. Reclamation, and WAPA (Participants). Description: § 4(d) Rate Filing: 100217 Final 2018 Olmsted Power Marketing The Agreement sets forth the Negotiated Rates—Wells Fargo Plan and Call for Applications responsibilities of the Participants and Commodities, LLC R–7810–05 to be identifies funding of the Project. The effective 11/1/2017. AGENCY: Western Area Power District will construct, operate, Filed Date: 10/2/17. Administration, DOE. maintain, and replace the Olmsted Accession Number: 20171002–5171. ACTION: Notice of Final 2018 Olmsted Powerplant and incidental facilities in Comments Due: 5 p.m. ET 10/16/17. Power Marketing Plan and Call for connection with its CUP operations, Applications. including power generation. Docket Numbers: RP18–4–000. WAPA is responsible for marketing Applicants: Iroquois Gas SUMMARY: Western Area Power the Olmsted energy, which is Transmission System, L.P. Administration (WAPA), a Federal anticipated to be first available in the Description: § 4(d) Rate Filing: 100217 power marketing agency of the summer of 2018. Power production will Negotiated Rates—Wells Fargo Department of Energy, announces its be incidental to the delivery of water Commodities, LLC R–7810–07 to be Final 2018 Olmsted Power Marketing and will only be available when water effective 11/1/2017. Plan and Call for Applications for an is present. Therefore, only energy, Filed Date: 10/2/17. allocation of energy from the Olmsted without capacity, will be available for Accession Number: 20171002–5172. Powerplant Replacement Project. marketing. It is expected that the annual Comments Due: 5 p.m. ET 10/16/17. DATES: Applications and Applicant energy production from the replacement Docket Numbers: RP18–5–000. Olmsted Powerplant will average Profile Data are due December 11, 2017 Applicants: Transcontinental Gas around 27,000,000 kWh per year. to be assured of consideration by Pipe Line Company. Description: § 4(d) Rate Filing: WAPA. Response to Comments on the Olmsted Negotiated Rates—MarketLink—PPL ADDRESSES: Send applications to: Ms. Proposed Marketing Criteria Termination to be effective 10/1/2017. Lynn Jeka, CRSP Manager, CRSP WAPA received numerous comments Filed Date: 10/2/17. Management Center, Western Area on its Proposed 2018 Olmsted Power Accession Number: 20171002–5280. Power Administration, 150 East Social Marketing Plan during the comment Comments Due: 5 p.m. ET 10/16/17. Hall Avenue, Suite 300, Salt Lake City, period. WAPA reviewed and considered Docket Numbers: RP18–6–000. UT 84111–1580. Applications may also all comments received, and this section Applicants: Equitrans, L.P. be faxed to (801) 524–5017 or emailed summarizes and responds to the Description: § 4(d) Rate Filing: to jeka@wapa.gov. asabaliauskas on DSKBBXCHB2PROD with NOTICES comments received. For brevity, when it Negotiated Capacity Release FOR FURTHER INFORMATION CONTACT: Mr. was possible to do so without affecting Agreements—10/1/17 to be effective Brent Osiek, Power Marketing Manager, the meaning of the statements, the 10/1/2017. (801) 524–5495; or Mr. Lyle Johnson, public comments below were Filed Date: 10/2/17. Public Utilities Specialist, (801) 524– paraphrased. Accession Number: 20171002–5290. 5585. Written requests for information Comment: Can WAPA explain how it Comments Due: 5 p.m. ET 10/16/17. should be sent to CRSP Management determined the marketing area? How The filings are accessible in the Center, Western Area Power were certain Utah counties picked? Is it Commission’s eLibrary system by Administration, 150 East Social Hall based on the Provo River drainage? Why VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1

47202 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices were Davis, Weber, Morgan, and does not have any major issues with the that the rate methodology be Summit counties included? plan. competitive in the current power supply Response: Because of the small Response: Thank you for your market but also sufficient to reimburse amount of energy available from the comment. the District for the OM&R of the Project. Project, the marketing area was limited Comment: One commenter expressed Response: WAPA intends to have the to the Utah counties in the vicinity of concern that WAPA would ‘‘take into ratesetting process proceed concurrently the powerplant in order to avoid costly consideration all existing Federal with the completion of the Marketing transmission and to ensure that entities hydropower allocations an applicant is Plan process. receiving an allocation would benefit currently receiving when determining Comment: Several comments were from the energy while at the same time the Olmsted allocation.’’ The received supporting WAPA’s proposal creating a marketing area sufficiently commenter proposed that allocations be to allocate customers a percentage of the large enough to ensure wide-spread use proportionate to other existing Federal energy produced annually and pay the of the Federal resource. allocations. proportional percentage of the Project’s Comment: Would there be a benefit to Response: In order to assure annual operation and maintenance WAPA if a group of eligible applicants widespread use for Federal power expenses. were to work together and submit a resources, WAPA will consider the Response: WAPA appreciates the combined application with a percentage of a customer’s total load support of its proposed rate recommended allocation? currently being met with Federal power methodology. Response: WAPA will not discourage through other allocations the customer Comment: One commenter stated, ‘‘it a combined application. However, may have. Applicants with larger makes excellent sense to offer this non- WAPA will consider the loads and proportions of load served with Federal dispatchable resource as a percentage of resources of the entities participating in power may, therefore, receive a the total energy available.’’ a combined application in the same way relatively smaller percentage allocation Response: Thank you for your it would consider individual of Olmsted energy and vice versa. comment. applications. Comment: One commenter asked for Comment: A commenter claimed it Comment: The marketing plan states clarification of the specific marketing should receive priority for an allocation that ‘‘priority’’ will be given to the plant criteria and administrative discretion from Olmsted because it established a operator, which is the Central Utah referred to under Reclamation Law and vested interest in the facilities as it Water Conservancy District (District). further stated: ‘‘We assume these expended funds many years ago in an The commenter supported this ‘‘priority marketing criteria and administrative unsuccessful attempt to obtain a license or preference’’ to the District and asked discretion includes the responsibilities from the Federal Energy Regulatory if there are other criteria to be and contributions of the parties referred Commission (FERC) to operate the considered by WAPA in giving another to in the Olmsted Implementation and Olmsted Powerplant. Its effort was utility a similar priority or preference. Funding Agreements and the abandoned when the Olmsted facilities Response: There are no other responsibilities and contributions in were to be acquired by the Federal circumstances that will create priority. these agreements pertain more government. Comment: Priority should be given to specifically for this Project and should Response: Under Reclamation Law, the District as the operator of the be considered with more priority.’’ the expenditure of funds trying to obtain Olmsted Powerplant. Response: WAPA’s Administrator has a FERC license to operate the Olmsted Response: Thank you for your discretion to provide allocations of Powerplant does not establish a priority comment. electricity pursuant to the body of for an allocation from any future power Comment: Were applicants expected legislation known as Reclamation Law. generation. to apply for an allocation on or before No other marketing commitments are Comment: What is the ‘‘marketing the March 2, 2017, date or will there be made; however, WAPA did provide that criteria’’ under Reclamation Law and another process or timetable to apply for the District would receive priority in can this be described? an allocation? Will there be other details receiving an allocation. Response: WAPA markets Federal about the application process, or will a Comment: A commenter expressed hydropower through the authority given simple statement of interest as a ready, support for the marketing area identified it by the body of law known as willing, and able utility be sufficient? in the Federal Register Notice (FRN) Reclamation Law including, but not Response: Details about how to apply and asked if the District, whose limited to, the Acts of Congress for an allocation are provided in this headquarters are in the marketing area, approved June 17, 1902 (32 Stat. 388); Notice. Applicants will be asked to can serve not only its facilities within the Reclamation Act of 1939, dated complete WAPA’s Applicant Profile the boundaries of the marketing plan August 4, 1939 (53 Stat. 1187); the Data form. but also those that extend beyond the Department of Energy Organization Act, Comment: It would be beneficial if marketing area. The commenter dated August 4, 1977 (91 Stat. 565); the WAPA could expedite the Olmsted suggested that the marketing plan allow Energy Policy Act of 1992 (Pub. L. 102– Power Marketing Plan process so the it to serve its loads located within 486); and Acts amendatory or awarded entities would have sufficient Uintah and Duchesne counties with supplementary to the foregoing Acts. time to complete the details on Olmsted energy. Marketing Criteria are developed transmission and distribution services, Response: Any allocations will be through a public process and are set asabaliauskas on DSKBBXCHB2PROD with NOTICES scheduling, and reserves for delivery of based on loads that are within the forth in this Notice. the Olmsted Powerplant energy. marketing area. Response: WAPA will work to Comment: A separate ratesetting Final Olmsted Power Marketing Plan complete this process as quickly as process is required. It is critical that the WAPA will apply the following possible while meeting public process rate action be completed in a timely criteria to applicants seeking an requirements. manner so that it could be ready to allocation of energy under the Final Comment: One commenter, as the receive energy before it is generated in 2018 Olmsted Power Marketing Plan: representative for its members who are 2018. It is imperative for the marketing 1. Contract Term: To gain actual also participants in the CRSP, noted it of the energy from Olmsted Powerplant generation data and operating VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1

Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47203 experience, the term of the contract will energy from WAPA. Ready, willing, and will interact with WAPA about contract be limited. Service is expected to begin able means the applicant has the and billing matters. (i) The amount of on July 1, 2018, or as soon as the Project facilities needed to receive power or has power the applicant is requesting to be is declared commercially operable; and made the necessary arrangements for provided by WAPA. the contract term will be effective transmission and/or distribution 2. Loads: (a) If applicable, number and through September 30, 2024. service, and its power supply contracts type of customers served in one of the 2. Marketing Area: Due to the with third parties permit the delivery of last 3 calendar years including calendar relatively small size of the resource and WAPA’s power. years 2014, 2015, or 2016; e.g., its operating characteristics, eligible 9. Rates and Payment: A proposed residential, commercial, industrial, applicants must be preference entities in ratesetting methodology will be military base, agricultural. (b) The accordance with section 9(c) of the published in a separate FRN. actual monthly maximum demand (in Reclamation Project Act of 1939 (43 kilowatts) and energy use (in Call for Applications for Power U.S.C. 485h(c)) and located within the kilowatthours) experienced in one of the following counties in Utah: Davis, This Notice formally requests last 3 calendar years including calendar Morgan, Salt Lake, Summit, Utah, applications from eligible entities years 2014, 2015, or 2016. (c) For Native Weber, and Wasatch. seeking to purchase Federal power from American tribe applicants, if actual 3. Delivery Point: 12.47-kV bus at Olmsted. WAPA is requesting that its demand and energy data are not PacifiCorp’s Hale Substation or another Applicant Profile Data (APD) form be available, provide estimated monthly substation as agreed by WAPA. used to provide a uniform basis for demand (in kilowatts) with a 4. Transmission: Any associated evaluating applications. APD forms are description of the method and basis. transformation/transmission beyond the available upon request or may be 3. Resources: (a) A list of current Delivery Point is the sole responsibility accessed online at www.wapa.gov/ Federal power supplies. For each of the applicant. Applicants must have PowerMarketing/Documents/Applicant- supply, provide the amount of capacity the necessary arrangements for Profile-Data-form.pdf. See the received from that power supply and its transmission and/or distribution service ADDRESSES section for where to send location. (b) Status of power supply in place by April 1, 2018. applications. To be considered, entities contract(s), including a contract 5. Eligible Applicants: WAPA will must submit an application to the termination date. Indicate whether provide allocations only to preference Western Area Power Administration, power supply is on a firm basis or some entities in the marketing area. WAPA, CRSP Management Center, as requested other type of arrangement. through the public process, will below. To ensure full consideration for 4. Transmission: (a) Point of delivery: determine the amount of energy, if any, all applicants, WAPA reserves the right Olmsted energy will be delivered at to allocate in accordance with the not to consider applications submitted PacifiCorp’s Hale Substation at 12.7–kV marketing criteria and administrative before publication of this Notice or after or another substation as agreed by discretion under Reclamation Law. the deadline specified in the DATES WAPA. (b) Transmission arrangement: Priority will be given to the District as section. Describe the applicant’s transmission the operator of the Olmsted Powerplant. arrangements necessary to deliver 6. Resource Pool: WAPA will take Applicant Profile Data Application power to the requested points of into consideration all existing Federal The content and format of the APD delivery beyond WAPA’s transmission hydropower allocations an applicant is form are outlined below. Applicants system. (c) Provide a brief explanation currently receiving when determining must provide all requested information, of the applicant’s ability to receive and each allocation. Allocations of Olmsted or the most reasonable available use, or receive and distribute, Federal energy will be determined solely by estimate, or should indicate ‘‘not power as of April 1, 2018. WAPA. Applicants who receive an applicable’’ if they have no information 5. Other Information: The applicant allocation will be allocated a percentage to be considered for a requested item. may provide any other information of the annual energy output of the WAPA is not responsible for errors in pertinent to receiving an allocation. Powerplant. data or missing pages. All items of 6. Signature: The signature and title of 7. Preference Entities: Preference will information in the APD form should be an appropriate official who is able to be given to entities in accordance with answered as if prepared by the entity attest to the validity of the APD and section 9(c) of the Reclamation Project seeking the allocation. The APD form who is authorized to submit the request Act of 1939, 43 U.S.C. 485h(c), as includes the following: for an allocation is required. amended and supplemented, including 1. Applicant: (a) Applicant’s (entity municipalities, rural cooperatives, and requesting a new allocation) name and WAPA’s Consideration of Applications political subdivisions including address. (b) Person(s) representing Upon receiving the APD, WAPA will irrigation or other districts, applicant: Please provide the name, verify that the applicant meets the municipalities, and other governmental title, address, telephone and fax eligibility criteria and that the organizations that have electric utility numbers, and email address of such application contains all information status by April 1, 2018; and, Federally person(s). (c) Type of organization: For requested in the APD form. WAPA may recognized Native American tribes as example, Federal or state agency, request, in writing, additional defined in the Indian Self Determination irrigation district, municipality, Native information from any applicant whose Act of 1975, 25 U.S.C. 5304, as American tribe, public utility district, or APD is determined to be deficient. The asabaliauskas on DSKBBXCHB2PROD with NOTICES amended. ‘‘Electric utility status’’ means rural electric cooperative. (d) Parent applicant will have 15 calendar days that the entity has responsibility to meet organization of applicant, if any. (e) from the date on WAPA’s letter of load growth, has a distribution system, Name of members or suballottees, if any. request to provide the information. If and is ready, willing, and able to (f) Applicable law under which the WAPA determines the applicant does purchase Federal power from WAPA on organization was established. (g) not meet the eligibility criteria, WAPA a wholesale basis. Applicant’s geographic service area. If will send a letter explaining why the 8. Ready, Willing, and Able: Eligible available, submit a map of the service applicant did not qualify. If the applicants must be ready, willing, and area, and indicate the date prepared. (h) applicant has met the eligibility criteria, able to receive and distribute or use Describe the entity/organization that WAPA will determine the amount of VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1

47204 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices power, if any, to allocate in accordance Determination Under Executive Order SUPPLEMENTARY INFORMATION: Requests with the marketing criteria. WAPA will 12866 to make oral comments or to provide send a draft contract to the applicant WAPA has an exemption from written comments to NACEPT should be that identifies the terms and conditions centralized regulatory review under sent to Eugene Green at green.eugene@ of the offer and the amount of power Executive Order 12866; accordingly, no epa.gov by November 21st. The allocated to the applicant. clearance of this notice by the Office of teleconference is open to the public, Management and Budget is required. with limited seating available on a first- Availability of Information come, first-served basis. Members of the Dated: August 18, 2017. public wishing to participate in the The APD form and documents Mark A. Gabriel, teleconference should contact Eugene developed or retained by WAPA during Administrator. Green via email or by calling (202) 564– this public process will be available, by [FR Doc. 2017–21934 Filed 10–10–17; 8:45 am] 2432 no later than Nov 21st. appointment, for inspection and Meeting Access: Information regarding BILLING CODE 6450–01–P copying at the CRSP Management accessibility and/or accommodations for Center, located at 150 East Social Hall individuals with disabilities should be Avenue, Suite 300, Salt Lake City, Utah. directed to Eugene Green at the email ENVIRONMENTAL PROTECTION address or phone number listed above. Procedural Requirements AGENCY To ensure adequate time for processing, Environmental Compliance please make requests for [FRL–9969–15–OARM] accommodations at least 10 days prior In compliance with the National to the meeting. National Advisory Council for Environmental Policy Act (NEPA) of Environmental Policy and Technology Dated: September 29, 2017. 1969 (42 U.S.C. 4321–4347), the Council on Environmental Quality Regulations AGENCY: Environmental Protection Eugene Green, (40 CFR parts 1500–1508), and DOE Agency (EPA). Designated Federal Officer. NEPA Regulations (10 CFR 1021), [FR Doc. 2017–21956 Filed 10–10–17; 8:45 am] ACTION: Notice of Federal Advisory WAPA issued a Finding of No Committee Teleconference. BILLING CODE 6560–50–P Significant Impact (FONSI) on January 13, 2017. The FONSI and other NEPA SUMMARY: Under the Federal Advisory compliance documentation may be Committee Act, EPA gives notice of a ENVIRONMENTAL PROTECTION found at https://www.wapa.gov/regions/ public meeting of the National Advisory AGENCY CRSP/environment/Pages/ Council for Environmental Policy and [FRL–9968–88–ORD] environment.aspx. Technology (NACEPT). NACEPT provides advice to the EPA Human Studies Review Board; Regulatory Flexibility Analysis Administrator on a broad range of Notification of Public Meetings environmental policy, technology, and The Regulatory Flexibility Act of 1980 management issues. NACEPT members AGENCY: Environmental Protection (RFA), 5 U.S.C. 601, et seq., requires a represent academia, business/industry, Agency (EPA). Federal agency to perform a regulatory non-governmental organizations, and ACTION: Notice. flexibility analysis whenever the agency state, local and tribal governments. The is required by law to publish a general SUMMARY: The Environmental Protection purpose of this meeting is for NACEPT Agency (EPA), Office of the Science notice of proposed rulemaking for any to review and discuss draft proposed rule unless the agency can Advisor announces two separate public recommendations addressing how to meetings of the Human Studies Review certify that the rule will not have a best integrate citizen science work at significant economic impact on a Board (HSRB) to advise the Agency on EPA through effective collaboration and the ethical and scientific review of substantial number of small entities. In partnerships. In addition, NACEPT will research involving human subjects. Due defining the term ‘‘rule,’’ the RFA review and provide comments on a draft to unforeseen administrative specifies that a ‘‘rule’’ does not include citizen science question and answer circumstances, EPA is announcing this ‘‘a rule of particular applicability handbook. A copy of the meeting meeting with less than fifteen calendar relating to rates [and] services . . . or to agenda will be posted at http:// days’ notice. valuations, costs or accounting, or www2.epa.gov/faca/nacept. DATES: A virtual public meeting will be practices relating to such rates [and] DATES: NACEPT will hold a public held on Wednesday, October 25, 2017 services . . . .’’ 5 U.S.C. 601. WAPA has teleconference on November 28, 2017, and Thursday, October 26, 2017, from determined that this action relates to from 12 p.m. to 4 p.m. (EST). 1:00 p.m. to approximately 5:00 p.m. rates or services offered by WAPA and, ADDRESSES: The meeting will be held at Eastern Time on both dates. A separate, therefore, is not a rule within the the EPA Headquarters, William Jefferson subsequent teleconference meeting is purview of the RFA. Clinton Federal Building East, Room planned for Tuesday, December 12, Review Under the Paperwork Reduction 1132, 1201 Constitution Avenue NW., 2017, from 2:00 p.m. to approximately Act Washington, DC 20004. 3:30 p.m. Eastern Time for the HSRB to finalize its Final Report of the October asabaliauskas on DSKBBXCHB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: In accordance with the Paperwork Eugene Green, Designated Federal 25 and 26, 2017 meeting and review Reduction Act of 1980, 94 Stat. 2812, Officer, green.eugene@epa.gov, (202) other possible topics. WAPA received approval from the 564–2432, U.S. EPA, Office of ADDRESSES: Both of these meetings will Office of Management and Budget Resources, Operations and Management; be conducted entirely by telephone and (OMB), under control number 1910– Federal Advisory Committee on the Internet using Adobe Connect. 5136, to collect customer information Management Division (MC1601M), 1200 For detailed access information visit the through WAPA’s Applicant Profile Data Pennsylvania Avenue NW., Washington, HSRB Web site: http://www2.epa.gov/ in order to allocate Federal hydropower. DC 20460. osa/human-studies-review-board. VerDate Sep<11>2014 17:58 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1


Document Created: 2018-10-25 09:59:54
Document Modified: 2018-10-25 09:59:54
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 Final 2018 Olmsted Power Marketing Plan and Call for Applications.
DatesApplications and Applicant Profile Data are due December 11, 2017 to be assured of consideration by WAPA.
ContactMr. Brent Osiek, Power Marketing Manager, (801) 524-5495; or Mr. Lyle Johnson, Public Utilities Specialist, (801) 524-5585. Written requests for information should be sent to CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580; faxed to (801) 524-5017; or emailed to [email protected]
FR Citation82 FR 47201 
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