83_FR_24570 83 FR 24467 - 2021 Resource Pool, Pick-Sloan Missouri Basin Program-Eastern Division

83 FR 24467 - 2021 Resource Pool, Pick-Sloan Missouri Basin Program-Eastern Division

DEPARTMENT OF ENERGY
Western Area Power Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24467-24470
FR Document2018-11418

The Department of Energy (DOE), Western Area Power Administration (WAPA), a Federal power marketing administration of DOE, is publishing procedures and calling for applications from new preference entities interested in an allocation of Federal power. WAPA published its 2021 Power Marketing Initiative (2021 PMI) for the Upper Great Plains Customer Service Region (UGPR) in the Federal Register on November 16, 2011. The 2021 PMI specifies the terms and conditions under which WAPA will market power from the Pick-Sloan Missouri Basin Program--Eastern Division (P-SMBP--ED) beginning January 1, 2021, continuing through December 31, 2050. The 2021 PMI established resource pools for 2021, 2031, and 2041. Each resource pool is comprised of up to 1 percent (approximately 20 megawatts) of the long- term marketable resource of the P-SMBP--ED. Therefore, as required by the 2021 PMI, WAPA is issuing a call for applications for UGPR's 2021 Resource Pool. New preference entities interested in applying for an allocation of power from WAPA's UGPR must submit a formal application using the Applicant Profile Data (APD) form and must meet the General Eligibility Criteria, General Allocation Criteria, and General Contract Principles.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24467-24470]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11418]


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DEPARTMENT OF ENERGY

Western Area Power Administration


2021 Resource Pool, Pick-Sloan Missouri Basin Program--Eastern 
Division

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of procedures and call for 2021 Resource Pool 
applications.

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

SUMMARY: The Department of Energy (DOE), Western Area Power 
Administration (WAPA), a Federal power marketing administration of DOE, 
is publishing procedures and calling for applications from new 
preference entities interested in an allocation of Federal power. WAPA 
published its 2021 Power Marketing Initiative (2021 PMI) for the Upper 
Great Plains Customer Service Region (UGPR) in the Federal Register on 
November 16, 2011. The 2021 PMI specifies the terms and conditions 
under which WAPA will market power from the Pick-Sloan

[[Page 24468]]

Missouri Basin Program--Eastern Division (P-SMBP--ED) beginning January 
1, 2021, continuing through December 31, 2050. The 2021 PMI established 
resource pools for 2021, 2031, and 2041. Each resource pool is 
comprised of up to 1 percent (approximately 20 megawatts) of the long-
term marketable resource of the P-SMBP--ED. Therefore, as required by 
the 2021 PMI, WAPA is issuing a call for applications for UGPR's 2021 
Resource Pool. New preference entities interested in applying for an 
allocation of power from WAPA's UGPR must submit a formal application 
using the Applicant Profile Data (APD) form and must meet the General 
Eligibility Criteria, General Allocation Criteria, and General Contract 
Principles.

DATES: Applications must be received by 4 p.m., MDT, on July 30, 2018. 
WAPA will accept applications through its online APD form, by email, or 
by U.S. mail (or its equivalent). Applications sent by U.S. mail will 
be accepted if postmarked at least 3 days before July 30, 2018, and 
received no later than July 31, 2018.

ADDRESSES: Submit an application online at https://www.wapa.gov/regions/UGP/PowerMarketing/Pages/2021-resource-pool.aspx or access and 
print the APD form located at https://www.wapa.gov/regions/UGP/PowerMarketing/Pages/2021-resource-pool.aspx and email it as an 
attachment to [email protected]. If submitting a paper 
application, please mail it to Mr. Jody Sundsted, Senior Vice President 
and Upper Great Plains Regional Manager, Upper Great Plains Customer 
Service Region, Western Area Power Administration, 2900 4th Avenue 
North, Billings, MT 59101-1266.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Senitte, Public Utilities 
Specialist, Upper Great Plains Customer Service Region, Western Area 
Power Administration, 2900 4th Avenue North, Billings, MT 59101, 
telephone (406) 255-2933, email [email protected].

SUPPLEMENTARY INFORMATION: The 2021 PMI (76 FR 71015, November 16, 
2011) extended the then current Marketing Plan Principles with 
amendments to establish how UGPR will market its power resources 
beginning January 1, 2021, through December 31, 2050.\1\ As part of the 
2021 PMI, WAPA will provide for resource pools of up to 1 percent of 
the marketable resource under contract at the time, beginning in the 
contract term (January 1, 2021) and again every 10 years (January 1, 
2031, and January 1, 2041). These resources are made available for 
eligible new preference entities. The procedures used to determine new 
preference customer eligibility in all three resource pools under the 
2021 PMI are carried forward from the Post-2010 Resource Pool as 
published in the Federal Register (74 FR 20697, May 5, 2009). 
Specifically these procedures are the General Eligibility Criteria,\2\ 
General Allocation Criteria, and General Contract Principles.
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    \1\ The 2021 Marketing Plan Principles are based on the 1985 
Marketing Plan (45 FR 71860, October 30, 1980), as extended and 
amended by Subpart C of the Energy Planning and Management Program 
final rule (60 FR 54151, October 20, 1995) (EPAMP or Program) and 
the final procedures of the Post-2000 Resource Pool (61 FR 41142, 
August 7, 1996), the Post-2005 Resource Pool (68 FR 67414, December 
2, 2003), and the Post-2010 Resource Pool (74 FR 20697, May 5, 
2009). The 2021 Marketing Plan Principles amended the 1985 Marketing 
Plan to (1) include a 30-year contract term for firm electric 
service contracts, beginning January 1, 2021, and (2) establish 
three resource pools for eligible new preference entities beginning 
in January 2021, and again every 10 years (January 1, 2031, and 
January 1, 2041).
    \2\ Under General Eligibility Criteria II (E) below for each 
resource pool, qualified utility applicants must meet utility status 
no later than 3 years prior to the beginning of that resource pool 
contracting term. For the 2021 Resource Pool, that date is January 
1, 2018.
---------------------------------------------------------------------------

    After evaluating applications, if WAPA determines there is an 
eligible new preference entity, WAPA will publish a notice of Proposed 
Allocations in the Federal Register. The public will have an 
opportunity to comment on the Proposed Allocations. After reviewing the 
comments, WAPA will publish a notice of Final Allocations in the 
Federal Register. If there are no qualified applicants under the 2021 
Resource Pool, WAPA will publish a notice in the Federal Register to 
conclude the 2021 Resource Pool.

2021 Resource Pool Allocation Procedures and Call for Applications

I. Amount of Pool Resources

    WAPA will allocate up to 1 percent (approximately 20 megawatts) of 
the P-SMBP--ED long-term firm hydroelectric resource available as of 
January 1, 2021, as firm power to eligible new preference customers. 
Firm power means capacity and associated energy allocated by WAPA and 
subject to the terms and conditions specified in the WAPA electric 
service contract.

II. General Eligibility Criteria

    WAPA will apply the following General Eligibility Criteria to 
applicants seeking an allocation of firm power under the 2021 Resource 
Pool Allocation Procedures.
    A. All qualified applicants must be preference entities as defined 
by section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 
485h(c)), as amended and supplemented.
    B. All qualified applicants must be located within the currently 
established P-SMBP--ED marketing area.
    C. All qualified applicants must not be currently receiving 
benefits, directly or indirectly, from a current P-SMBP--ED firm power 
allocation or other firm Federal power commitment. Qualified Native 
American applicants, who did not receive an allocation from the Post-
2000, Post-2005, or Post-2010 Resource Pools, are not subject to this 
requirement.
    D. Qualified utility and non-utility applicants must be able to use 
the firm power directly or be able to sell it directly to retail 
customers.
    E. Qualified utility applicants that desire to purchase power from 
WAPA for resale to consumers, including cooperatives, municipalities, 
public utility districts, and public power districts must have met 
utility status by January 1, 2018. Utility status means 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.
    F. Qualified Native American applicants must be an Indian tribe as 
defined in the Indian Self Determination Act of 1975, 25 U.S.C. 5304, 
as amended.

III. General Allocation Criteria

    WAPA will apply the following General Allocation Criteria to 
applicants seeking an allocation of firm power under the 2021 Resource 
Pool Allocation Procedures.
    A. Allocations of firm power will be made in amounts as determined 
solely by WAPA in exercise of its discretion under Federal Reclamation 
Law.
    B. An allottee will have the right to purchase such firm power only 
upon executing an electric service contract between WAPA and the 
allottee, and satisfying all conditions in that contract.
    C. Firm power allocated under these procedures will be available 
only to new preference customers in the existing P-SMBP--ED marketing 
area. The marketing area of the P-SMBP--ED is Montana (east of the 
Continental Divide), all of North Dakota and South Dakota, Nebraska 
east of the 101[deg] meridian, Iowa west of the 94\1/2\[deg] meridian, 
and Minnesota west of a line on the 94\1/2\[deg] meridian from the 
southern boundary of the state to the 46[deg] parallel and then 
northwesterly to the northern boundary of the state at the 96\1/2\[deg] 
meridian.
    D. Allocations made to Native American tribes will be based on the

[[Page 24469]]

actual load experienced in calendar year 2017. WAPA has the right to 
use estimated load values for calendar year 2017 should actual load 
data not be available. WAPA will adjust inconsistent estimates during 
the allocation process.
    E. Allocations made to qualified utility and non-utility applicants 
will be based on the actual loads experienced in calendar year 2017. 
WAPA will apply the 2021 PMI criteria to these loads.
    F. Energy provided with firm power will be based upon the 
customer's monthly system load pattern.
    G. Any electric service contract offered to a new customer shall be 
executed by the customer within 6 months of a contract offer by WAPA, 
unless otherwise agreed to in writing by WAPA.
    H. The resource pool will be dissolved subsequent to the closing 
date of the last qualified applicant to execute their respective firm 
electric service contract. Firm power not under contract will be used 
in accordance with the 2021 PMI.
    I. The minimum allocation shall be 100 kilowatts (kW).
    J. The maximum allocation for qualified utility and non-utility 
applicants shall be 5,000 kW.
    K. Contract rates of delivery shall be subject to adjustment in the 
future as provided for in the Program.
    L. If unanticipated obstacles to the delivery of hydropower 
benefits to Native American tribes arise, WAPA retains the right to 
provide the economic benefits of its resources directly to these 
tribes.

IV. General Contract Principles

    WAPA will apply the following General Contract Principles to all 
applicants receiving an allocation of firm power under the 2021 
Resource Pool Allocation Procedures.
    A. WAPA shall reserve the right to reduce a customer's summer 
season contract rate of delivery by up to 5 percent for new project 
pumping requirements, by giving a minimum of 5 years' written notice in 
advance of such action.
    B. WAPA, at its discretion and sole determination, reserves the 
right to adjust the contract rate of delivery on 5 years' written 
notice in response to changes in hydrology and river operations. Any 
such adjustments shall only take place after a public process by WAPA.
    C. Each allottee is ultimately responsible for obtaining its own 
third-party delivery arrangements, if necessary. WAPA may assist the 
allottee in obtaining third-party transmission arrangements for the 
delivery of firm power allocated under these procedures to new 
customers.
    D. Contracts entered into under the 2021 Resource Pool Allocation 
Procedures shall provide for WAPA to furnish firm electric service 
effective from January 1, 2021, through December 31, 2050.
    E. Contracts entered into as a result of these procedures shall 
incorporate WAPA's standard provisions for power sales contracts, 
integrated resource planning, and the General Power Contract 
Provisions.

V. Applications for Firm Power

    Through this Federal Register notice, WAPA formally requests 
applications from new qualified preference entities interested in 
purchasing power from UGPR from January 1, 2021, through December 31, 
2050. All applicants must submit applications using the APD form. WAPA 
has a uniform basis upon which to evaluate the applications. To be 
considered, applicants must meet the General Eligibility Criteria, 
General Allocation Criteria, and General Contract Criteria, and must 
submit a completed APD application form by the deadline specified in 
the DATES section. To ensure full consideration is given to all 
applicants, WAPA will not consider applications submitted before 
publication of this Federal Register notice or after the deadline 
specified in the DATES section.

Applicant Profile Data Application

    Applications may be completed online on WAPA's web page at https://www.wapa.gov/regions/UGP/PowerMarketing/Pages/2021-resource-pool.aspx 
or submitted by email or mail, as described in the ADDRESSES section. 
The APD form is available on WAPA's web page or by request to the 
person listed in the FOR FURTHER INFORMATION CONTACT section. It is the 
applicant's responsibility to ensure the application is submitted in a 
timely manner so WAPA receives the application before the dates and 
times stated in the DATES section.
    Applicants must provide all information requested or the most 
reasonable available estimate on the APD form. Please indicate if the 
requested information is not applicable. WAPA is not responsible for 
errors in data or missing pages. The information in the APD form should 
be answered as if prepared by the entity/organization seeking the 
allocation of Federal power.
    The information collected under this process will not be part of a 
system of records covered by the Privacy Act and may be available under 
the Freedom of Information Act. If you are submitting any confidential 
or business sensitive information, please mark such information before 
submitting your application.

WAPA's Consideration of Applications

    When WAPA receives the APD, WAPA will verify the applicant meets 
the General Eligibility Criteria, and the application contains all 
items requested in the APD.
    WAPA may request, in writing, additional information from any 
applicant whose APD is determined to be deficient. The applicant shall 
have 15 days from the postmark date on WAPA's request to provide the 
information. In the event an applicant fails to provide all information 
to WAPA, the application will not be considered.
    If WAPA determines the applicant does not meet the General 
Eligibility Criteria, WAPA will send a letter explaining why the 
applicant did not qualify.
    If the applicant has met the General Eligibility Criteria, WAPA 
will determine the amount of firm power, if any, to allocate pursuant 
to the General Allocation Criteria. After the publication of final 
allocations in the Federal Register, WAPA will send a draft contract to 
the applicant for review which identifies the terms and conditions of 
the offer and the amount of firm power allocated to the applicant.
    All firm power shall be allocated according to the procedures in 
the General Allocation Criteria.
    WAPA reserves the right to determine the amount of firm power to 
allocate to an applicant, as justified by the applicant in its APD.

Recordkeeping Requirement

    If WAPA accepts an application and the applicant receives an 
allocation of Federal power, the applicant must keep all information 
related to the APD for a period of 3 years after signing a contract for 
Federal power. There is no recordkeeping requirement for unsuccessful 
applicants who do not receive an allocation of Federal power.
    As noted in Section VII of this notice, WAPA has obtained Office of 
Management and Budget Clearance Number 1910-5136 for collection of the 
above information. The APD is collected to enable WAPA to properly 
perform its function of marketing limited amounts of Federal 
hydropower. The data supplied will be used by WAPA to evaluate who will 
receive an allocation of Federal power.

[[Page 24470]]

VI. Authorities

    UGPR's 2021 PMI, published in the Federal Register (76 FR 71015, 
November 16, 2011), was established pursuant to the Department of 
Energy Organization Act (42 U.S.C. 7101-7352); the Reclamation Act of 
June 17, 1902 (ch. 1093, 32 Stat. 388) as amended and supplemented by 
subsequent enactments, particularly section 9(c) of the Reclamation 
Project Act of 1939 (43 U.S.C. 485h(c)); and other acts specifically 
applicable to the projects involved. This action falls within the 2021 
PMI and, thus, is covered by the same authority.

VII. Regulatory Procedure Requirements

Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) (42 
U.S.C. 4321-4347), Council on Environmental Quality NEPA implementing 
regulations (40 CFR parts 1500-1508), and DOE NEPA implementing 
regulations (10 CFR part 1021), WAPA completed a Categorical Exclusion 
(CX). This NEPA review identified and analyzed environmental effects 
related to the 2021 PMI. This action falls within the 2021 PMI and, 
thus, is covered by the CX.

Review Under the Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501, et seq.), WAPA has received approval from the Office of 
Management and Budget for the collection of customer information in 
this notice, under Control Number 1910-5136. Public reporting burden 
for the certification is estimated to average 8 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Notwithstanding any other provision of law, no person is required 
to respond to a Federal collection of information unless it displays a 
valid Office of Management and Budget control number.

Determination Under Executive Order 12866

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

    Dated: May 15, 2018.
Mark A. Gabriel,
Administrator.
[FR Doc. 2018-11418 Filed 5-25-18; 8:45 am]
BILLING CODE 6450-01-P



                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                                  24467

                                               DEPARTMENT OF ENERGY                                    receive email notification when a                        Filed Date: 5/18/18.
                                                                                                       document is added to a subscribed                        Accession Number: 20180518–5118.
                                               Federal Energy Regulatory                               docket(s). For assistance with any FERC                  Comments Due: 5 p.m. ET 5/30/18.
                                               Commission                                              Online service, please email                             Docket Numbers: RP18–831–000.
                                               [Docket No. EL18–152–000]                               FERCOnlineSupport@ferc.gov, or call                      Applicants: Columbia Gas
                                                                                                       (866) 208–3676 (toll free). For TTY, call             Transmission, LLC.
                                               Louisiana Public Service Commission                     (202) 502–8659.                                          Description: § 4(d) Rate Filing: TCO
                                               v. System Energy Resources, Inc.;                         Comment Date: 5:00 p.m. Eastern                     Spotlight Negotiated Rate Agreement to
                                               Entergy Services, Inc.; Notice of                       Time on June 7, 2018.                                 be effective 5/18/2018.
                                               Complaint                                                 Dated: May 22, 2018.
                                                                                                                                                                Filed Date: 5/18/18.
                                                                                                                                                                Accession Number: 20180518–5135.
                                                  Take notice that on May 18, 2018,                    Nathaniel J. Davis, Sr.,                                 Comments Due: 5 p.m. ET 5/30/18.
                                               pursuant to sections 206, 306, and 309                  Deputy Secretary.                                        The filings are accessible in the
                                               of the Federal Power Act, 16 U.S.C.                     [FR Doc. 2018–11384 Filed 5–25–18; 8:45 am]           Commission’s eLibrary system by
                                               824e, 825e, and 825h and Rule 206 of                    BILLING CODE 6717–01–P                                clicking on the links or querying the
                                               the Federal Energy Regulatory                                                                                 docket number.
                                               Commission’s (Commission) Rules of                                                                               Any person desiring to intervene or
                                               Practice and Procedure, 18 CFR 385.206,                 DEPARTMENT OF ENERGY                                  protest in any of the above proceedings
                                               Louisiana Public Service Commission                                                                           must file in accordance with Rules 211
                                               (Complainant) filed a formal complaint                  Federal Energy Regulatory
                                                                                                                                                             and 214 of the Commission’s
                                               against System Energy Resources, Inc.                   Commission
                                                                                                                                                             Regulations (18 CFR 385.211 and
                                               and Entergy Services, Inc.                                                                                    385.214) on or before 5:00 p.m. Eastern
                                               (Respondents) alleging that the costs of                Combined Notice of Filings
                                                                                                                                                             time on the specified comment date.
                                               Sale-Leaseback renewal agreements for                     Take notice that the Commission has                 Protests may be considered, but
                                               the Grand Gulf nuclear unit are                         received the following Natural Gas                    intervention is necessary to become a
                                               imprudent, constitute a double                          Pipeline Rate and Refund Report filings:              party to the proceeding.
                                               collection in violation of the                                                                                   eFiling is encouraged. More detailed
                                               Commission ratemaking requirements                      Filings Instituting Proceedings
                                                                                                                                                             information relating to filing
                                               and the filed rate, and are unjust and                    Docket Numbers: RP18–826–000.                       requirements, interventions, protests,
                                               unreasonable, as more fully explained                     Applicants: Florida Gas Transmission                service, and qualifying facilities filings
                                               in the complaint.                                       Company, LLC.                                         can be found at: http://www.ferc.gov/
                                                  The Complainant certifies that copies                  Description: § 4(d) Rate Filing: New                docs-filing/efiling/filing-req.pdf. For
                                               of the complaint were served on                         Service Agreements-2 to be effective 6/               other information, call (866) 208–3676
                                               contacts for Respondent.                                1/2018.                                               (toll free). For TTY, call (202) 502–8659.
                                                  Any person desiring to intervene or to                 Filed Date: 5/18/18.
                                               protest this filing must file in                          Accession Number: 20180518–5011.                      Dated: May 22, 2018.
                                               accordance with Rules 211 and 214 of                      Comments Due: 5 p.m. ET 5/30/18.                    Nathaniel J. Davis, Sr.,
                                               the Commission’s Rules of Practice and                    Docket Numbers: RP18–827–000.                       Deputy Secretary.
                                               Procedure (18 CFR 385.211 and                             Applicants: Florida Gas Transmission                [FR Doc. 2018–11382 Filed 5–25–18; 8:45 am]
                                               385.214). Protests will be considered by                Company, LLC.                                         BILLING CODE 6717–01–P
                                               the Commission in determining the                         Description: § 4(d) Rate Filing: Update
                                               appropriate action to be taken, but will                Non-Conforming List—2 to be effective
                                               not serve to make protestants parties to                6/1/2018.                                             DEPARTMENT OF ENERGY
                                               the proceeding. Any person wishing to                     Filed Date: 5/18/18.
                                               become a party must file a notice of                      Accession Number: 20180518–5012.                    Western Area Power Administration
                                               intervention or motion to intervene, as                   Comments Due: 5 p.m. ET 5/30/18.
                                                                                                                                                             2021 Resource Pool, Pick-Sloan
                                               appropriate. The Respondents’ answer                      Docket Numbers: RP18–828–000.
                                                                                                                                                             Missouri Basin Program—Eastern
                                               and all interventions, or protests must                   Applicants: Equitrans, L.P.
                                                                                                         Description: § 4(d) Rate Filing:                    Division
                                               be filed on or before the comment date.
                                               The Respondents’ answer, motions to                     Outages of Electronic Communication                   AGENCY:  Western Area Power
                                               intervene, and protests must be served                  Equipment to be effective 6/18/2018.                  Administration, DOE.
                                               on the Complainant.                                       Filed Date: 5/18/18.                                ACTION: Notice of procedures and call
                                                  The Commission encourages                              Accession Number: 20180518–5071.                    for 2021 Resource Pool applications.
                                               electronic submission of protests and                     Comments Due: 5 p.m. ET 5/30/18.
                                               interventions in lieu of paper using the                  Docket Numbers: RP18–829–000.                       SUMMARY:   The Department of Energy
                                               ‘‘eFiling’’ link at http://www.ferc.gov.                  Applicants: Kern River Gas                          (DOE), Western Area Power
                                               Persons unable to file electronically                   Transmission Company.                                 Administration (WAPA), a Federal
                                               should submit an original and 5 copies                    Description: § 4(d) Rate Filing: 2018               power marketing administration of DOE,
                                               of the protest or intervention to the                   LADWP Amendments to be effective 6/                   is publishing procedures and calling for
                                               Federal Energy Regulatory Commission,                   17/2018.                                              applications from new preference
                                               888 First Street NE, Washington, DC                       Filed Date: 5/18/18.                                entities interested in an allocation of
                                               20426.                                                    Accession Number: 20180518–5074.                    Federal power. WAPA published its
daltland on DSKBBV9HB2PROD with NOTICES




                                                  This filing is accessible on-line at                   Comments Due: 5 p.m. ET 5/30/18.                    2021 Power Marketing Initiative (2021
                                               http://www.ferc.gov, using the                            Docket Numbers: RP18–830–000.                       PMI) for the Upper Great Plains
                                               ‘‘eLibrary’’ link and is available for                    Applicants: Dominion Energy                         Customer Service Region (UGPR) in the
                                               review in the Commission’s Public                       Carolina Gas Transmission.                            Federal Register on November 16, 2011.
                                               Reference Room in Washington, DC.                         Description: § 4(d) Rate Filing:                    The 2021 PMI specifies the terms and
                                               There is an ‘‘eSubscription’’ link on the               DECG—Calculation of Interest on Cash                  conditions under which WAPA will
                                               website that enables subscribers to                     Deposits to be effective 6/17/2018.                   market power from the Pick-Sloan


                                          VerDate Sep<11>2014   16:39 May 25, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\29MYN1.SGM   29MYN1


                                               24468                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               Missouri Basin Program—Eastern                          part of the 2021 PMI, WAPA will                            1939 (43 U.S.C. 485h(c)), as amended
                                               Division (P–SMBP—ED) beginning                          provide for resource pools of up to 1                      and supplemented.
                                               January 1, 2021, continuing through                     percent of the marketable resource                           B. All qualified applicants must be
                                               December 31, 2050. The 2021 PMI                         under contract at the time, beginning in                   located within the currently established
                                               established resource pools for 2021,                    the contract term (January 1, 2021) and                    P–SMBP—ED marketing area.
                                               2031, and 2041. Each resource pool is                   again every 10 years (January 1, 2031,                       C. All qualified applicants must not
                                               comprised of up to 1 percent                            and January 1, 2041). These resources                      be currently receiving benefits, directly
                                               (approximately 20 megawatts) of the                     are made available for eligible new                        or indirectly, from a current
                                               long-term marketable resource of the                    preference entities. The procedures used                   P–SMBP—ED firm power allocation or
                                               P–SMBP—ED. Therefore, as required by                    to determine new preference customer                       other firm Federal power commitment.
                                               the 2021 PMI, WAPA is issuing a call                    eligibility in all three resource pools                    Qualified Native American applicants,
                                               for applications for UGPR’s 2021                        under the 2021 PMI are carried forward                     who did not receive an allocation from
                                               Resource Pool. New preference entities                  from the Post-2010 Resource Pool as                        the Post-2000, Post-2005, or Post-2010
                                               interested in applying for an allocation                published in the Federal Register (74                      Resource Pools, are not subject to this
                                               of power from WAPA’s UGPR must                          FR 20697, May 5, 2009). Specifically                       requirement.
                                               submit a formal application using the                   these procedures are the General                             D. Qualified utility and non-utility
                                               Applicant Profile Data (APD) form and                   Eligibility Criteria,2 General Allocation                  applicants must be able to use the firm
                                               must meet the General Eligibility                       Criteria, and General Contract                             power directly or be able to sell it
                                               Criteria, General Allocation Criteria, and              Principles.                                                directly to retail customers.
                                               General Contract Principles.                               After evaluating applications, if                         E. Qualified utility applicants that
                                               DATES: Applications must be received                    WAPA determines there is an eligible                       desire to purchase power from WAPA
                                               by 4 p.m., MDT, on July 30, 2018.                       new preference entity, WAPA will                           for resale to consumers, including
                                               WAPA will accept applications through                   publish a notice of Proposed Allocations                   cooperatives, municipalities, public
                                               its online APD form, by email, or by                    in the Federal Register. The public will                   utility districts, and public power
                                               U.S. mail (or its equivalent).                          have an opportunity to comment on the                      districts must have met utility status by
                                               Applications sent by U.S. mail will be                  Proposed Allocations. After reviewing                      January 1, 2018. Utility status means the
                                               accepted if postmarked at least 3 days                  the comments, WAPA will publish a                          entity has responsibility to meet load
                                               before July 30, 2018, and received no                   notice of Final Allocations in the                         growth, has a distribution system, and is
                                               later than July 31, 2018.                               Federal Register. If there are no                          ready, willing, and able to purchase
                                               ADDRESSES: Submit an application                        qualified applicants under the 2021                        Federal power from WAPA on a
                                               online at https://www.wapa.gov/                         Resource Pool, WAPA will publish a                         wholesale basis.
                                               regions/UGP/PowerMarketing/Pages/                       notice in the Federal Register to                            F. Qualified Native American
                                               2021-resource-pool.aspx or access and                   conclude the 2021 Resource Pool.                           applicants must be an Indian tribe as
                                               print the APD form located at https://                                                                             defined in the Indian Self Determination
                                                                                                       2021 Resource Pool Allocation
                                               www.wapa.gov/regions/UGP/                                                                                          Act of 1975, 25 U.S.C. 5304, as
                                                                                                       Procedures and Call for Applications
                                               PowerMarketing/Pages/2021-resource-                                                                                amended.
                                               pool.aspx and email it as an attachment                 I. Amount of Pool Resources
                                                                                                                                                                  III. General Allocation Criteria
                                               to UGP2021resourcepool@wapa.gov. If                        WAPA will allocate up to 1 percent
                                               submitting a paper application, please                  (approximately 20 megawatts) of the                           WAPA will apply the following
                                               mail it to Mr. Jody Sundsted, Senior                    P–SMBP—ED long-term firm                                   General Allocation Criteria to applicants
                                               Vice President and Upper Great Plains                   hydroelectric resource available as of                     seeking an allocation of firm power
                                               Regional Manager, Upper Great Plains                    January 1, 2021, as firm power to                          under the 2021 Resource Pool
                                               Customer Service Region, Western Area                   eligible new preference customers. Firm                    Allocation Procedures.
                                                                                                       power means capacity and associated                           A. Allocations of firm power will be
                                               Power Administration, 2900 4th Avenue
                                                                                                       energy allocated by WAPA and subject                       made in amounts as determined solely
                                               North, Billings, MT 59101–1266.
                                                                                                       to the terms and conditions specified in                   by WAPA in exercise of its discretion
                                               FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                       the WAPA electric service contract.                        under Federal Reclamation Law.
                                               Nancy Senitte, Public Utilities                                                                                       B. An allottee will have the right to
                                               Specialist, Upper Great Plains Customer                 II. General Eligibility Criteria                           purchase such firm power only upon
                                               Service Region, Western Area Power                                                                                 executing an electric service contract
                                               Administration, 2900 4th Avenue North,                     WAPA will apply the following
                                                                                                       General Eligibility Criteria to applicants                 between WAPA and the allottee, and
                                               Billings, MT 59101, telephone (406)                                                                                satisfying all conditions in that contract.
                                               255–2933, email senitte@wapa.gov.                       seeking an allocation of firm power
                                                                                                       under the 2021 Resource Pool                                  C. Firm power allocated under these
                                               SUPPLEMENTARY INFORMATION: The 2021                                                                                procedures will be available only to new
                                                                                                       Allocation Procedures.
                                               PMI (76 FR 71015, November 16, 2011)                       A. All qualified applicants must be                     preference customers in the existing P–
                                               extended the then current Marketing                     preference entities as defined by section                  SMBP—ED marketing area. The
                                               Plan Principles with amendments to                      9(c) of the Reclamation Project Act of                     marketing area of the P–SMBP—ED is
                                               establish how UGPR will market its                                                                                 Montana (east of the Continental
                                               power resources beginning January 1,                    Marketing Plan Principles amended the 1985                 Divide), all of North Dakota and South
                                               2021, through December 31, 2050.1 As                    Marketing Plan to (1) include a 30-year contract           Dakota, Nebraska east of the 101°
                                                                                                       term for firm electric service contracts, beginning        meridian, Iowa west of the 941⁄2°
                                                  1 The 2021 Marketing Plan Principles are based       January 1, 2021, and (2) establish three resource
                                                                                                                                                                  meridian, and Minnesota west of a line
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                                               on the 1985 Marketing Plan (45 FR 71860, October        pools for eligible new preference entities beginning
                                               30, 1980), as extended and amended by Subpart C         in January 2021, and again every 10 years (January         on the 941⁄2° meridian from the southern
                                               of the Energy Planning and Management Program           1, 2031, and January 1, 2041).                             boundary of the state to the 46° parallel
                                               final rule (60 FR 54151, October 20, 1995) (EPAMP          2 Under General Eligibility Criteria II (E) below for
                                                                                                                                                                  and then northwesterly to the northern
                                               or Program) and the final procedures of the Post-       each resource pool, qualified utility applicants must      boundary of the state at the 961⁄2°
                                               2000 Resource Pool (61 FR 41142, August 7, 1996),       meet utility status no later than 3 years prior to the
                                               the Post-2005 Resource Pool (68 FR 67414,               beginning of that resource pool contracting term.          meridian.
                                               December 2, 2003), and the Post-2010 Resource           For the 2021 Resource Pool, that date is January 1,           D. Allocations made to Native
                                               Pool (74 FR 20697, May 5, 2009). The 2021               2018.                                                      American tribes will be based on the


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                                                                              Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices                                            24469

                                               actual load experienced in calendar year                arrangements for the delivery of firm                 Information Act. If you are submitting
                                               2017. WAPA has the right to use                         power allocated under these procedures                any confidential or business sensitive
                                               estimated load values for calendar year                 to new customers.                                     information, please mark such
                                               2017 should actual load data not be                       D. Contracts entered into under the                 information before submitting your
                                               available. WAPA will adjust                             2021 Resource Pool Allocation                         application.
                                               inconsistent estimates during the                       Procedures shall provide for WAPA to
                                                                                                       furnish firm electric service effective               WAPA’s Consideration of Applications
                                               allocation process.
                                                  E. Allocations made to qualified                     from January 1, 2021, through December                   When WAPA receives the APD,
                                               utility and non-utility applicants will be              31, 2050.                                             WAPA will verify the applicant meets
                                               based on the actual loads experienced in                  E. Contracts entered into as a result of            the General Eligibility Criteria, and the
                                               calendar year 2017. WAPA will apply                     these procedures shall incorporate                    application contains all items requested
                                               the 2021 PMI criteria to these loads.                   WAPA’s standard provisions for power                  in the APD.
                                                  F. Energy provided with firm power                   sales contracts, integrated resource
                                               will be based upon the customer’s                       planning, and the General Power                          WAPA may request, in writing,
                                               monthly system load pattern.                            Contract Provisions.                                  additional information from any
                                                  G. Any electric service contract                                                                           applicant whose APD is determined to
                                                                                                       V. Applications for Firm Power                        be deficient. The applicant shall have 15
                                               offered to a new customer shall be
                                               executed by the customer within 6                          Through this Federal Register notice,              days from the postmark date on WAPA’s
                                               months of a contract offer by WAPA,                     WAPA formally requests applications                   request to provide the information. In
                                               unless otherwise agreed to in writing by                from new qualified preference entities                the event an applicant fails to provide
                                               WAPA.                                                   interested in purchasing power from                   all information to WAPA, the
                                                  H. The resource pool will be                         UGPR from January 1, 2021, through                    application will not be considered.
                                               dissolved subsequent to the closing date                December 31, 2050. All applicants must                   If WAPA determines the applicant
                                               of the last qualified applicant to execute              submit applications using the APD                     does not meet the General Eligibility
                                               their respective firm electric service                  form. WAPA has a uniform basis upon                   Criteria, WAPA will send a letter
                                               contract. Firm power not under contract                 which to evaluate the applications. To                explaining why the applicant did not
                                               will be used in accordance with the                     be considered, applicants must meet the               qualify.
                                               2021 PMI.                                               General Eligibility Criteria, General
                                                                                                                                                                If the applicant has met the General
                                                  I. The minimum allocation shall be                   Allocation Criteria, and General
                                                                                                                                                             Eligibility Criteria, WAPA will
                                               100 kilowatts (kW).                                     Contract Criteria, and must submit a
                                                                                                                                                             determine the amount of firm power, if
                                                  J. The maximum allocation for                        completed APD application form by the
                                                                                                                                                             any, to allocate pursuant to the General
                                               qualified utility and non-utility                       deadline specified in the DATES section.
                                                                                                                                                             Allocation Criteria. After the
                                               applicants shall be 5,000 kW.                           To ensure full consideration is given to
                                                                                                                                                             publication of final allocations in the
                                                  K. Contract rates of delivery shall be               all applicants, WAPA will not consider
                                                                                                                                                             Federal Register, WAPA will send a
                                               subject to adjustment in the future as                  applications submitted before
                                                                                                                                                             draft contract to the applicant for review
                                               provided for in the Program.                            publication of this Federal Register
                                                  L. If unanticipated obstacles to the                                                                       which identifies the terms and
                                                                                                       notice or after the deadline specified in
                                               delivery of hydropower benefits to                                                                            conditions of the offer and the amount
                                                                                                       the DATES section.
                                               Native American tribes arise, WAPA                                                                            of firm power allocated to the applicant.
                                                                                                       Applicant Profile Data Application                       All firm power shall be allocated
                                               retains the right to provide the
                                               economic benefits of its resources                         Applications may be completed                      according to the procedures in the
                                               directly to these tribes.                               online on WAPA’s web page at https://                 General Allocation Criteria.
                                                                                                       www.wapa.gov/regions/UGP/                                WAPA reserves the right to determine
                                               IV. General Contract Principles                         PowerMarketing/Pages/2021-resource-                   the amount of firm power to allocate to
                                                  WAPA will apply the following                        pool.aspx or submitted by email or mail,              an applicant, as justified by the
                                               General Contract Principles to all                      as described in the ADDRESSES section.                applicant in its APD.
                                               applicants receiving an allocation of                   The APD form is available on WAPA’s
                                               firm power under the 2021 Resource                      web page or by request to the person                  Recordkeeping Requirement
                                               Pool Allocation Procedures.                             listed in the FOR FURTHER INFORMATION
                                                  A. WAPA shall reserve the right to                                                                            If WAPA accepts an application and
                                                                                                       CONTACT section. It is the applicant’s
                                               reduce a customer’s summer season                                                                             the applicant receives an allocation of
                                                                                                       responsibility to ensure the application
                                               contract rate of delivery by up to 5                                                                          Federal power, the applicant must keep
                                                                                                       is submitted in a timely manner so
                                               percent for new project pumping                                                                               all information related to the APD for a
                                                                                                       WAPA receives the application before
                                               requirements, by giving a minimum of                                                                          period of 3 years after signing a contract
                                                                                                       the dates and times stated in the DATES
                                               5 years’ written notice in advance of                                                                         for Federal power. There is no
                                                                                                       section.
                                               such action.                                               Applicants must provide all                        recordkeeping requirement for
                                                  B. WAPA, at its discretion and sole                  information requested or the most                     unsuccessful applicants who do not
                                               determination, reserves the right to                    reasonable available estimate on the                  receive an allocation of Federal power.
                                               adjust the contract rate of delivery on 5               APD form. Please indicate if the                         As noted in Section VII of this notice,
                                               years’ written notice in response to                    requested information is not applicable.              WAPA has obtained Office of
                                               changes in hydrology and river                          WAPA is not responsible for errors in                 Management and Budget Clearance
                                               operations. Any such adjustments shall                  data or missing pages. The information                Number 1910–5136 for collection of the
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                                               only take place after a public process by               in the APD form should be answered as                 above information. The APD is collected
                                               WAPA.                                                   if prepared by the entity/organization                to enable WAPA to properly perform its
                                                  C. Each allottee is ultimately                       seeking the allocation of Federal power.              function of marketing limited amounts
                                               responsible for obtaining its own third-                   The information collected under this               of Federal hydropower. The data
                                               party delivery arrangements, if                         process will not be part of a system of               supplied will be used by WAPA to
                                               necessary. WAPA may assist the allottee                 records covered by the Privacy Act and                evaluate who will receive an allocation
                                               in obtaining third-party transmission                   may be available under the Freedom of                 of Federal power.


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                                               24470                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

                                               VI. Authorities                                          Dated: May 15, 2018.                                 Administrator to object to a title V
                                                                                                       Mark A. Gabriel,                                      operating permit within 60 days after
                                                 UGPR’s 2021 PMI, published in the                     Administrator.                                        the expiration of the EPA’s 45-day
                                               Federal Register (76 FR 71015,                                                                                review period if the EPA has not
                                                                                                       [FR Doc. 2018–11418 Filed 5–25–18; 8:45 am]
                                               November 16, 2011), was established                                                                           objected on its own initiative. Petitions
                                                                                                       BILLING CODE 6450–01–P
                                               pursuant to the Department of Energy
                                                                                                                                                             must be based only on objections to the
                                               Organization Act (42 U.S.C. 7101–7352);
                                                                                                                                                             permit that were raised with reasonable
                                               the Reclamation Act of June 17, 1902
                                               (ch. 1093, 32 Stat. 388) as amended and                 ENVIRONMENTAL PROTECTION                              specificity during the public comment
                                               supplemented by subsequent                              AGENCY                                                period provided by the state, unless the
                                               enactments, particularly section 9(c) of                                                                      petitioner demonstrates that it was
                                                                                                       [FRL–9976–72—Region 6]                                impracticable to raise these issues
                                               the Reclamation Project Act of 1939 (43
                                               U.S.C. 485h(c)); and other acts                         Clean Air Act Operating Permit                        during the comment period or unless
                                               specifically applicable to the projects                 Program; Petitions for Objection to                   the grounds for the issue arose after this
                                               involved. This action falls within the                  State Operating Permit for ExxonMobil                 period.
                                               2021 PMI and, thus, is covered by the                   Corporation, ExxonMobil Baytown                          The EPA received the Petition from
                                               same authority.                                         Refinery, Harris County, Texas                        the Environmental Integrity Project,
                                               VII. Regulatory Procedure                                                                                     Sierra Club, and Air Alliance Houston
                                                                                                       AGENCY:  Environmental Protection
                                               Requirements                                                                                                  dated September 26, 2016, requesting
                                                                                                       Agency (EPA).
                                                                                                                                                             that the EPA object to the issuance of
                                               Environmental Compliance                                ACTION: Notice of final Order on Petition
                                                                                                                                                             operating permit no. O1229, issued by
                                                                                                       for objection to Clean Air Act title V                TCEQ to ExxonMobil Baytown Refinery
                                                  In compliance with the National                      operating permit.
                                               Environmental Policy Act (NEPA) (42                                                                           in Harris County, Texas. The Petition
                                               U.S.C. 4321–4347), Council on                           SUMMARY:   The Environmental Protection               claims that: (1) The proposed permit
                                               Environmental Quality NEPA                              Agency (EPA) Administrator signed an                  incorporates confidential applicable
                                               implementing regulations (40 CFR parts                  Order dated April 2, 2018, granting in                requirements, (2) TCEQ did not have the
                                               1500–1508), and DOE NEPA                                part and denying in part a Petition dated             authority to create a federally-
                                               implementing regulations (10 CFR part                   September 26, 2016 from the                           enforceable PAL permit at the time
                                               1021), WAPA completed a Categorical                     Environmental Integrity Project, Sierra               PAL7 was issued, (3) the proposed
                                               Exclusion (CX). This NEPA review                        Club, and Air Alliance Houston. The                   permit fails to require ExxonMobil to
                                               identified and analyzed environmental                   Petition requested that the EPA object to             obtain a SIP-compliant authorization for
                                               effects related to the 2021 PMI. This                   a Clean Air Act (CAA) title V operating               their flexible permit, (4) the proposed
                                               action falls within the 2021 PMI and,                   permit issued by the Texas Commission                 permits’ incorporation by reference of
                                               thus, is covered by the CX.                             on Environmental Quality (TCEQ) to                    minor NSR authorizations fails to assure
                                                                                                       ExxonMobil Corporation (ExxonMobil)                   compliance, (5) the proposed permit
                                               Review Under the Paperwork Reduction
                                                                                                       for its Baytown Refinery located in                   fails to require monitoring,
                                               Act
                                                                                                       Harris County, Texas.                                 recordkeeping, and reporting sufficient
                                                  In accordance with the Paperwork                     ADDRESSES: The EPA requests that you                  to assure compliance with applicable
                                               Reduction Act of 1995 (44 U.S.C. 3501,                  contact the individual listed in the FOR              requirements, and (6) the proposed
                                               et seq.), WAPA has received approval                    FURTHER INFORMATION CONTACT section to                permit fails to require monitoring that
                                               from the Office of Management and                       view copies of the final Order, the                   assures compliance with emission limits
                                               Budget for the collection of customer                   Petition, and other supporting                        and caps for tanks and wastewater
                                               information in this notice, under                       information. You may review copies of                 treatment plants.
                                               Control Number 1910–5136. Public                        the final Order, the Petition, and other
                                               reporting burden for the certification is               supporting information at the EPA                        On April 2, 2018, the EPA
                                               estimated to average 8 hours per                        Region 6 Office, 1445 Ross Avenue,                    Administrator issued an Order granting
                                               response, including the time for                        Dallas, Texas 75202–2733. You may                     in part and denying in part the Petition.
                                               reviewing instructions, searching                       view the hard copies Monday through                   The Order explains the basis for EPA’s
                                               existing data sources, gathering and                    Friday, from 9 a.m. to 3 p.m., excluding              decision.
                                               maintaining the data needed, and                        federal holidays. If you wish to examine                 Sections 307(b) and 505(b)(2) of the
                                               completing and reviewing the collection                 these documents, you should make an                   CAA provide that a petitioner may
                                               of information.                                         appointment at least 24 hours before the              request judicial review of those portions
                                                  Notwithstanding any other provision                  visiting day. Additionally, the final                 of an order that deny issues in a
                                               of law, no person is required to respond                Order and Petition are available                      petition. Any petition for review shall
                                               to a Federal collection of information                  electronically at: https://www.epa.gov/               be filed in the United States Court of
                                               unless it displays a valid Office of                    title-v-operating-permits/title-v-petition-           Appeals for the appropriate circuit no
                                               Management and Budget control                           database.                                             later than July 30, 2018.
                                               number.                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Dated: May 17, 2018.
                                                                                                       Aimee Wilson, EPA Region 6, (214)
                                               Determination Under Executive Order                                                                           David Gray,
                                                                                                       665–7596, wilson.aimee@epa.gov.
                                               12866
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                                                                                                                                                             Acting Deputy Regional Administrator,
                                                                                                       SUPPLEMENTARY INFORMATION: The CAA
                                                                                                                                                             Region 6.
                                                 WAPA has an exemption from                            affords EPA a 45-day period to review
                                                                                                                                                             [FR Doc. 2018–11457 Filed 5–25–18; 8:45 am]
                                               centralized regulatory review under                     and object to, as appropriate, operating
                                               Executive Order 12866; accordingly, no                  permits proposed by state permitting                  BILLING CODE 6560–50–P

                                               clearance of this Federal Register notice               authorities under title V of the CAA.
                                               by the Office of Management and                         Section 505(b)(2) of the CAA authorizes
                                               Budget is required.                                     any person to petition the EPA


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Document Created: 2018-05-26 00:47:58
Document Modified: 2018-05-26 00:47:58
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 procedures and call for 2021 Resource Pool applications.
DatesApplications must be received by 4 p.m., MDT, on July 30, 2018. WAPA will accept applications through its online APD form, by email, or by U.S. mail (or its equivalent). Applications sent by U.S. mail will be accepted if postmarked at least 3 days before July 30, 2018, and received no later than July 31, 2018.
ContactMs. Nancy Senitte, Public Utilities Specialist, Upper Great Plains Customer Service Region, Western Area Power Administration, 2900 4th Avenue North, Billings, MT 59101, telephone (406) 255-2933, email [email protected]
FR Citation83 FR 24467 

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