83_FR_63083 83 FR 62849 - Fiscal Year (FY) 2020-2021 Proposed Power and Transmission Rate Adjustments Public Hearing and Opportunities for Public Review and Comment

83 FR 62849 - Fiscal Year (FY) 2020-2021 Proposed Power and Transmission Rate Adjustments Public Hearing and Opportunities for Public Review and Comment

DEPARTMENT OF ENERGY
Bonneville Power Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62849-62855
FR Document2018-26422

Bonneville is holding a proceeding pursuant to Section 7(i) of the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) to establish power and transmission rates for FY 2020-2021. Bonneville has designated this proceeding Docket No. BP-20. The Northwest Power Act provides that Bonneville must establish, and periodically review and revise, its power and transmission rates so that they recover, in accordance with sound business principles, the costs associated with the acquisition, conservation, and transmission of electric power, including amortization of the Federal investment in the Federal Columbia River Power System (FCRPS) over a reasonable number of years, and Bonneville's other costs and expenses. For transmission rates only, the Northwest Power Act requires that the costs of the Federal transmission system be equitably allocated between Federal and non-Federal power utilizing the system. The Northwest Power Act requires that Bonneville's rates be established based on the record of a formal hearing. By this notice, Bonneville announces the commencement of a power and transmission rate adjustment proceeding for power, transmission, and ancillary and control area services rates to be effective on October 1, 2019.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62849-62855]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26422]


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DEPARTMENT OF ENERGY

Bonneville Power Administration

[BPA File No.: BP-20]


Fiscal Year (FY) 2020-2021 Proposed Power and Transmission Rate 
Adjustments Public Hearing and Opportunities for Public Review and 
Comment

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

ACTION: Notice of FY 2020-2021 proposed power and transmission rate 
adjustments.

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SUMMARY: Bonneville is holding a proceeding pursuant to Section 7(i) of 
the Pacific Northwest Electric Power Planning and Conservation Act 
(Northwest Power Act) to establish power and transmission rates for FY 
2020-2021. Bonneville has designated this proceeding Docket No. BP-20. 
The Northwest Power Act provides that Bonneville must establish, and 
periodically review and revise, its power and transmission rates so 
that they recover, in accordance with sound business principles, the 
costs associated with the acquisition, conservation, and transmission 
of electric power, including amortization of the Federal investment in 
the Federal Columbia River Power System (FCRPS) over a reasonable 
number of years, and Bonneville's other costs and expenses. For 
transmission rates only, the Northwest Power Act requires that the 
costs of the Federal transmission system be equitably allocated between 
Federal and non-Federal power utilizing the system. The Northwest Power 
Act requires that Bonneville's rates be established based on the record 
of a formal hearing. By this notice, Bonneville announces the 
commencement of a power and transmission rate adjustment proceeding for 
power, transmission, and ancillary and control area services rates to 
be effective on October 1, 2019.

DATES:  Prehearing Conference: The BP-20 proceeding begins with a 
prehearing conference at 9:00 a.m. on Friday, December 7, 2018, in the 
Bonneville Rates Hearing Room, 1201 NE Lloyd Boulevard, Suite 200, 
Portland, Oregon 97232.
    Intervention: Anyone intending to become a party to the BP-20 
proceeding must file a petition to intervene on Bonneville's secure 
website no later than 4:30 p.m. on Tuesday, December 11, 2018. See Part 
III in SUPPLEMENTARY INFORMATION for details on requesting access to 
the secure website and filing a petition to intervene.

ADDRESSES: Participant Comments: Written comments by non-party 
participants must be received by March 1, 2019, to be considered in the 
Administrator's Record of Decision (ROD). See Part III in SUPPLEMENTARY 
INFORMATION for details on submitting participant comments.

FOR FURTHER INFORMATION CONTACT: Ms. Heidi Helwig, DKE-7, BPA 
Communications, Bonneville Power Administration, P.O. Box 3621, 
Portland, Oregon 97208; by phone toll-free at 1-800-622-4519; or by 
email to [email protected].
    The Hearing Clerk for this proceeding can be reached via email at 
[email protected] or via telephone at (503) 243-2200.
    Please direct questions regarding Bonneville's secure website to 
the BP-20 Rate Hearing Coordinator via email at [email protected] or, if the question is time-sensitive, 
via telephone at (503) 230-3102.
    Responsible Officials: Mr. Daniel H. Fisher, Power Rates Manager, 
is the official responsible for the development of Bonneville's power 
rates, and Ms. Rebecca E. Fredrickson, Transmission Rates Manager, is 
the official responsible for the development of Bonneville's 
transmission, ancillary, and control area services rates.

SUPPLEMENTARY INFORMATION: 

Table of Contents

Part I. Introduction and Procedural Matters
Part II. Scope of BP-20 Rate Proceeding
Part III. Public Participation in BP-20
Part IV. Summary of Rate Proposals
Part V. Proposed BP-20 Rate Schedules and BP-20 Partial Rates 
Settlement

Part I--Introduction and Procedural Matters

A. Introduction and Procedural Matters

    Section 7(i) of the Northwest Power Act requires that Bonneville's 
rates be established according to certain procedures, including 
publication in the Federal Register of a notice of the proposed rates; 
one or more hearings conducted as expeditiously as practicable by a 
Hearing Officer; opportunity for both oral presentation and written 
submission of views, data, questions, and arguments related to the 
proposed rates; and a decision by the Administrator based on the 
record.
    Bonneville has revised the Rules of Procedure that govern its rate 
proceedings. In a public process that concluded earlier this year, 
Bonneville updated and revised the version of the rules that had 
applied in Bonneville proceedings since 1986. The revised rules, which 
took effect September 12, 2018, will apply in the BP-20 proceeding. 
Bonneville has published the revised Rules of Procedure in the Federal 
Register, 83 FR 39993 (Aug. 13, 2018), and posted the rules on its 
website at https://www.bpa.gov/Finance/RateCases/RulesProcedure/Pages/.aspx.

B. Proposed Settlement of Rates for Transmission, Ancillary, and 
Control Area Services

    Since early October, Bonneville has engaged customers with long-
term transmission service to attempt to reach agreement on the 
transmission rates, including ancillary and control area services 
rates, for the FY 2020-2021 rate period. These discussions have 
resulted in the BP-20 Partial Rates Settlement Agreement that 
Bonneville is proposing to adopt in the BP-20 proceeding. This Partial 
Rates Settlement, which includes transmission, ancillary, and control 
area services rate schedules, is provided in Part V of this notice. The 
settlement does not address power rates or risk mitigation adjustment 
mechanisms.
    Bonneville's agreement to the BP-20 Partial Rates Settlement is 
subject to certain contingencies. First, the partial settlement is 
contingent on customers with long-term transmission service entering 
into a separate settlement agreement with Bonneville regarding the 
terms and conditions of transmission service. That settlement agreement 
will be addressed in a separate proceeding that Bonneville will conduct 
under section 212(i)(2)(A) of the Federal Power Act (``TC-20 
Proceeding''). If the settlement of the TC-20 proceeding does not move 
forward, the BP-20 Partial Rates Settlement will be void.
    Second, the BP-20 Partial Rates Settlement calls for Bonneville to 
file a motion with the BP-20 Hearing Officer to establish a deadline 
for parties to either object to the proposed settlement or waive the 
right to contest the settlement. Bonneville intends to file its motion 
soon after the BP-20 prehearing conference. If the settlement of the 
TC-20 proceeding continues to move forward, and no party objects to the 
BP-20 Partial Rates Settlement, Bonneville staff will recommend that 
the Administrator adopt the Partial Rates Settlement. Under those 
circumstances, Bonneville anticipates that the

[[Page 62850]]

Administrator would adopt the BP-20 Partial Rates Settlement in either 
the record of decision issued at the end of the BP-20 proceeding or a 
separate record of decision issued before that time.
    If Bonneville and long-term transmission service customers cannot 
move forward with settlement of the TC-20 proceeding, then the BP-20 
Partial Rates Settlement will be void, and Bonneville will notify all 
parties and publish alternative transmission, ancillary and control 
area services, and power rate schedules that reflect proposed rates 
without settlement. If the settlement of the TC-20 proceeding goes 
forward, but a party in the BP-20 proceeding objects to the BP-20 
Partial Rates Settlement, Bonneville will notify all parties and decide 
how to proceed with respect to rates proposed in the initial proposal.

C. Proposed Procedural Schedule

    A proposed schedule for the BP-20 proceeding is provided below. A 
final schedule will be established by the Hearing Officer and may be 
amended by the Hearing Officer as needed during the proceeding.
    The deadline to intervene in BP-20 applies to all potential parties 
regardless of the proposed settlement under the BP-20 Partial Rates 
Settlement. If Bonneville and parties move forward with the BP-20 
Partial Rates Settlement, the events in the procedural schedule after 
the deadline to intervene will apply only to issues that have not 
settled.

------------------------------------------------------------------------
 
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Prehearing Conference..............  December 7, 2018.
Deadline for Petitions to Intervene  December 11, 2018.
BPA Files Initial Proposal.........  January 14, 2019.
Clarification......................  January 18 & 22, 2019.
Motions to Strike Due..............  January 31, 2019.
Data Request Deadline..............  January 31, 2019.
Answers to Motions to Strike Due...  February 7, 2019.
Data Response Deadline.............  February 7, 2019.
Parties File Direct Cases..........  February 21, 2019.
Clarification......................  February 28 and March 1, 2019.
Close of Participant Comments......  March 1, 2019.
Motions to Strike Due..............  March 8, 2019.
Data Request Deadline..............  March 8, 2019.
Answers to Motions to Strike Due...  March 15, 2019.
Data Response Deadline.............  March 15, 2019.
Litigants File Rebuttal Cases......  March 28, 2019.
Clarification......................  April 4, 2019.
Motions to Strike Due..............  April 8, 2019.
Data Request Deadline..............  April 8, 2019.
Answers to Motions to Strike Due...  April 15, 2019.
Data Response Deadline.............  April 15, 2019.
Parties Give Notice of Intent to     April 18, 2019.
 Cross-Examine.
Cross-Examination..................  April 22-23, 2019.
Initial Briefs Filed...............  May 6, 2019.
Oral Argument......................  May 13, 2019.
Draft ROD Issued...................  June 13, 2019.
Briefs on Exceptions Filed.........  June 28, 2019.
Final ROD and Final Studies Issued.  July 25, 2019.
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D. Ex Parte Communications

    Section 1010.5 of the Rules of Procedure prohibits ex parte 
communications. Ex parte communications include any oral or written 
communication (1) relevant to the merits of any issue in the 
proceeding; (2) that is not on the record; and (3) with respect to 
which reasonable prior notice has not been given. The ex parte rule 
applies to communications with all Bonneville and DOE employees and 
contractors, the Hearing Officer, and the Hearing Clerk during the 
proceeding. Except as provided, any communications with persons covered 
by the rule regarding the merits of any issue in the proceeding by 
other executive branch agencies, Congress, existing or potential 
Bonneville customers, nonprofit or public interest groups, or any other 
non-DOE parties are prohibited. The rule explicitly excludes and does 
not prohibit communications (1) relating to matters of procedure; (2) 
otherwise authorized by law or the Rules of Procedure; (3) from or to 
the Federal Energy Regulatory Commission (Commission); (4) that all 
litigants agree may be made on an ex parte basis; (5) in the ordinary 
course of business, about information required to be exchanged under 
contracts, or in information responding to a Freedom of Information Act 
request; (6) between the Hearing Officer and Hearing Clerk; (7) in 
meetings for which prior notice has been given; or (8) as otherwise 
specified in Section 1010.5(b). The ex parte rule remains in effect 
until the Administrator's Final ROD is issued, which is scheduled to 
occur on or about July 25, 2019.

Part II--Scope of BP-20 Rate Proceeding

A. Joint Rate Proceeding

    The BP-20 proceeding is a joint proceeding for the adoption of both 
power and transmission rates for FY 2020-2021. The proposal for 
Bonneville's power and transmission rates is provided in Part IV of 
this notice.

B. 2018 Integrated Program Review

    Bonneville began its 2018 Integrated Program Review (IPR) process 
in June 2018. The IPR process is designed to allow the public an 
opportunity to review and comment on Bonneville's proposed expense and 
capital spending level estimates before the spending levels are used to 
set rates. On October 11, 2018, Bonneville issued the Final Close-Out 
Report for the IPR process, which establishes the expense and capital 
program level cost estimates that are used in the BP-20 Initial 
Proposal. At the discretion of the Administrator, Bonneville may hold 
additional processes to review these estimates outside of this rate 
proceeding.

[[Page 62851]]

C. Scope of the BP-20 Proceeding

    This section provides guidance to the Hearing Officer regarding the 
scope of the rate proceeding and identifies specific issues that are 
outside the scope. In addition to the issues specifically listed below, 
any other issue that is not a ratemaking issue is outside the scope of 
this proceeding.
    Bonneville may revise the scope of the proceeding to include new 
issues that arise as a result of circumstances or events occurring 
outside the proceeding that are substantially related to the rates 
under consideration in the proceeding. See Rules of Procedure, Section 
1010.4(b)(8)(iii), (iv). If Bonneville revises the scope of the 
proceeding to include new issues, Bonneville will provide public notice 
on its website, present testimony or other information regarding such 
issues, and provide a reasonable opportunity to intervene and respond 
to Bonneville's testimony or other information. Id.
1. Program Cost Estimates
    Bonneville's projections of its program costs and spending levels 
are not determined in rate proceedings. These projections are 
determined by Bonneville in other forums, such as the IPR public review 
process, with input from stakeholders. See Part II.B. of this notice. 
In addition, Bonneville allocates the capital spending on the Federal 
power and transmission system over the service life of the system, 
based on a depreciation study calculated consistent with industry 
standards. The depreciation study and resulting depreciation rates are 
not determined in rate proceedings.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that challenges the 
appropriateness or reasonableness of the Administrator's decisions on 
cost and spending levels, including decisions on the depreciation rates 
that are used to calculate depreciation expense. If any re-examination 
of spending levels is necessary, such re-examination will occur outside 
of the rate proceeding. Except for any portions of the revenue 
requirement that are settled in the BP-20 proceeding, the above 
exclusion does not extend to those portions of the revenue requirement 
related to the following: (1) Interest rate forecasts, (2) interest 
expense and credit, (3) Treasury repayment schedules, (4) calculation 
of depreciation and amortization expense, (5) forecasts of system 
replacements used in repayment studies, (6) purchased power expenses, 
(7) transmission cost incurred by Power Services, (8) generation cost 
incurred by Transmission Services, (9) minimum required net revenue, 
and (10) the costs of risk mitigation actions resulting from the 
expense and revenue uncertainties included in the risk analysis.
2. Federal and Non-Federal Debt Service and Debt Management
    During the 2018 IPR process and in other forums, Bonneville 
provided the public with background information on Bonneville's 
internal Federal and non-Federal debt management policies and 
practices. While these policies and practices are not decided in the 
IPR forum, these discussions were intended to inform interested parties 
about these matters so the parties would better understand Bonneville's 
debt structure. Bonneville's debt management policies and practices 
remain outside the scope of the rate proceeding.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
address the appropriateness or reasonableness of Bonneville's debt 
management policies and practices. This exclusion does not encompass 
how debt management actions are reflected in ratemaking.
3. Financial Reserves Policy and Financial Reserves Policy Phase-In
    In the Final ROD in the BP-18 proceeding (BP-18 ROD), Bonneville 
adopted a financial policy that established lower and upper thresholds 
for agency and business line financial reserves (Financial Reserves 
Policy). Challenges to Bonneville's decision to adopt the Financial 
Reserves Policy are not within the scope of this proceeding.
    In the BP-18 ROD, the Administrator committed to hold a follow-on 
public process to determine and phase in for Power Services the 
parameters for the rate action to be taken when financial reserves fall 
below a business line's lower threshold. The Administrator decided the 
parameters for this rate action in the Financial Reserves Policy Phase-
In Implementation Record of Decision, issued in September 2018 (FRP 
Phase-In ROD). Bonneville's decisions in the FRP Phase-In ROD are not 
within the scope of this proceeding.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
visit or revisit Bonneville's determinations in the BP-18 ROD regarding 
the Financial Reserves Policy or the FRP Phase-In ROD in this rate 
proceeding.
4. Leverage Policy
    In August 2018, Bonneville completed a public process to develop a 
new financial policy (Leverage Policy) that provides guidance on 
managing the agency's and business lines' debt-to-asset ratios. The 
Leverage Policy provides near-term, mid-term, and long-term targets for 
agency and business line leverage. On September 25, 2018, the 
Administrator issued a record of decision adopting the Leverage Policy 
(Leverage Policy ROD).
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
visit or revisit Bonneville's determinations in the Leverage Policy or 
Leverage Policy ROD.
5. Tiered Rate Methodology (TRM)
    The TRM restricts Bonneville and its customers with Contract High 
Water Mark (CHWM) contracts from proposing changes to the TRM's 
ratemaking guidelines unless certain procedures have been successfully 
concluded. No proposed changes have been subjected to the required 
procedures.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
propose revisions to the TRM made by Bonneville, customers with CHWM 
contracts, or their representatives. This exclusion does not extend to 
a party or customer that does not have a CHWM contract.
6. Rate Period High Water Mark (RHWM) Process
    The RHWM Process preceded the start of the BP-20 proceeding. In 
that process, as directed by the TRM, Bonneville established FY 2020-
2021 RHWMs for Public customers that signed contracts for firm 
requirements power service providing for tiered rates, referred to as 
CHWM contracts. Bonneville established the maximum planned amount of 
power a customer is eligible to purchase at Tier 1 rates during the 
rate period, the Above-RHWM Loads for each customer, the System Shaped 
Load for each customer, the Tier 1 System Firm Critical Output, RHWM 
Augmentation, the Rate Period Tier 1 System Capability (RT1SC), and the 
monthly/diurnal shape of RT1SC. The RHWM Process provided customers an 
opportunity to review, comment on,

[[Page 62852]]

and challenge Bonneville's RHWM determinations.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
visit or revisit Bonneville's determination of a customer's FY 2020-
2021 RHWM or other RHWM Process determinations.
7. 2008 Average System Cost Methodology (2008 ASCM) and Average System 
Cost Determinations
    Section 5(c) of the Northwest Power Act established the Residential 
Exchange Program, which provides benefits to residential and farm 
consumers of Pacific Northwest utilities based, in part, on a utility's 
``average system cost'' (ASC) of resources. The 2008 ASCM is not 
subject to challenge or review in a Section 7(i) proceeding. 
Determinations of the ASCs of participating utilities are made in 
separate processes conducted pursuant to the ASCM. Those processes 
began with ASC filings on June 4, 2018, and are continuing through July 
2019.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
visit or revisit the appropriateness or reasonableness of the 2008 ASCM 
or of any of the ongoing ASC determinations.
8. 2012 Residential Exchange Program Settlement Agreement (2012 REP 
Settlement)
    On July 26, 2011, the Administrator executed the 2012 REP 
Settlement, which resolved longstanding litigation over Bonneville's 
implementation of the Residential Exchange Program (REP) under Section 
5(c) of the Northwest Power Act, 16 U.S.C. 839c(c). The Administrator's 
findings regarding the legal, factual, and policy challenges to the 
2012 REP Settlement are explained in the REP-12 Record of Decision 
(REP-12 ROD). The Administrator's decisions regarding the 2012 REP 
Settlement and REP-12 ROD were upheld by the U.S. Court of Appeals for 
the Ninth Circuit in Association of Public Agency Customers v. 
Bonneville Power Administration, 733 F.3d 939 (9th Cir. 2013). 
Challenges to Bonneville's decision to adopt the 2012 REP Settlement 
and implement its terms in Bonneville's rate proceedings are not within 
the scope of this proceeding.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
visit or revisit in this rate proceeding Bonneville's determination to 
adopt the 2012 REP Settlement or its terms.
9. Service to the Direct Service Industries (DSIs)
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
revisit the appropriateness or reasonableness of Bonneville's decisions 
regarding service to the DSIs, including Bonneville's decision to offer 
contracts to the DSIs and the method, level of service, or other terms 
embodied in the existing DSI contracts.
10. Operation and Maintenance of the Power and Transmission Systems
    Bonneville, in coordination with other Federal entities, operates 
and maintains the Federal Columbia River power and transmission systems 
in accordance with good utility practice and with applicable 
reliability standards and operating requirements. Bonneville's power 
and transmission systems operation and maintenance practices and 
protocols, such as dispatcher standing orders, operating instructions, 
reliability of the system, compliance programs, and other operating 
requirements, are non-rate matters. Pursuant to Section 1010.4(b)(8) of 
the Rules of Procedure, the Administrator directs the Hearing Officer 
to exclude from the record all argument, testimony, or other evidence 
that seeks in any way to address issues regarding operation and 
maintenance practices and protocols.
11. Terms and Conditions of Transmission Service
    Bonneville offers and provides transmission services, including 
interconnection service, and ancillary and control area services in 
accordance with terms and conditions specified in its open access 
transmission tariff (OATT), business practices, and applicable 
contracts. In addition to and concurrent with this rate proceeding, 
Bonneville may initiate the TC-20 proceeding to adopt generally 
applicable terms and conditions of transmission service. The terms and 
conditions of transmission and ancillary and control area services are 
non-rate matters that Bonneville will establish and otherwise address 
in a separate proceeding or other forums.
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony, or other evidence that seeks in any way to 
address issues regarding terms and conditions of transmission service, 
including interconnection service, and ancillary and control area 
services. This includes, but is not limited to, argument, testimony, or 
other evidence regarding Bonneville's decisions whether to offer 
particular transmission services, including hourly service, the 
procedures and standards for modifications to Bonneville's OATT, terms 
and conditions of existing and future transmission service agreements, 
and whether to include certain terms and conditions in the OATT or in 
business practices. This exclusion does not apply to the BP-20 Partial 
Rates Settlement or testimony supporting the settlement.
12. Oversupply Management Protocol
    The proposed OS-20 Oversupply rate is a formula rate designed to 
recover Bonneville's oversupply costs. Bonneville incurs oversupply 
costs pursuant to the Oversupply Management Protocol, Attachment P of 
Bonneville's OATT. Under the proposed formula rate, Bonneville would 
recover actual costs incurred during the BP-20 rate period rather than 
forecast costs. Pursuant to Section 1010.4(b)(8) of the Rules of 
Procedure, the Administrator directs the Hearing Officer to exclude 
from the record all argument, testimony, or other evidence that seeks 
in any way to address the terms of the Oversupply Management Protocol; 
whether the Oversupply Management Protocol complies with orders of the 
Commission; and whether Bonneville took all actions to avoid using the 
Oversupply Management Protocol, including the payment of negative 
prices to generators outside of Bonneville's balancing authority area. 
This exclusion does not extend to issues concerning the rates for 
recovering the costs of the Oversupply Management Protocol.
13. Potential Environmental Impacts, Biological Constraints, and 
Related Operations
    Environmental impacts are addressed in a National Environmental 
Policy Act (NEPA) process Bonneville conducts concurrently with the 
rate proceeding. See Part II.D. of this notice. In addition, biological 
constraints on hydropower operations are determined outside of the rate 
case through interagency consultation under the Endangered Species Act, 
16 U.S.C. 1536(a)(2).
    Pursuant to Section 1010.4(b)(8) of the Rules of Procedure, the 
Administrator directs the Hearing Officer to exclude from the record 
all argument, testimony,

[[Page 62853]]

or other evidence that seeks in any way to address the potential 
environmental impacts of the rates being developed in this rate 
proceeding, potential biological effects of operations modeled in the 
proceeding, or appropriate hydroelectric system operations in response 
to the constraints defined in these environmental compliance processes.

D. The National Environmental Policy Act

    Bonneville is in the process of assessing the potential 
environmental effects of its proposed power and transmission rate 
adjustments, consistent with NEPA. The NEPA process is conducted 
separately from the rate proceeding. As discussed in Part II.C.13, all 
evidence and argument addressing potential environmental impacts of the 
rate adjustments being developed in the BP-20 proceeding are excluded 
from the rate proceeding record. Instead, comments on environmental 
effects should be directed to the NEPA process.
    Based on its most current assessment of the proposed power and 
transmission rate adjustments, Bonneville believes this proposal may be 
the type of action typically excluded from further NEPA review pursuant 
to U.S. Department of Energy NEPA regulations, which apply to 
Bonneville. More specifically, the proposal appears to solely involve 
changes to Bonneville's rates and other cost recovery and management 
mechanisms to ensure that there are sufficient revenues to meet 
Bonneville's financial obligations and other costs and expenses, while 
using existing generation sources operating within normal limits. As 
such, it appears this rate proposal falls within Categorical Exclusion 
B4.3, found at 10 CFR part 1021, subpart D, app. B4.3 (2015), which 
provides for the categorical exclusion from further NEPA review of 
``[r]ate changes for electric power, power transmission, and other 
products or services provided by a Power Marketing Administration that 
are based on a change in revenue requirements if the operations of 
generation projects would remain within normal operating limits.''
    Nonetheless, Bonneville is still assessing the proposal, and, 
depending upon the ongoing environmental review, Bonneville may instead 
issue another appropriate NEPA document. Comments regarding the 
potential environmental effects of the proposal may be submitted to 
Stacy Mason, NEPA Compliance Officer, ECP-4, Bonneville Power 
Administration, 905 NE 11th Avenue, Portland, Oregon 97232. Any such 
comments received by the comment deadline for Participant Comments 
identified in Part III.A will be considered by Bonneville's NEPA 
compliance staff in the NEPA process that is being conducted for this 
proposal.

Part III--Public Participation in BP-20

A. Distinguishing Between ``Participants'' and ``Parties''

    Bonneville distinguishes between ``participants in'' and ``parties 
to'' the hearings. Separate from the formal hearing process, Bonneville 
will receive written comments, views, opinions, and information from 
participants who may submit comments without being subject to the 
duties of, or having the privileges of, parties. Participants are not 
entitled to participate in the prehearing conference; may not cross-
examine parties' witnesses, seek discovery, or serve or be served with 
documents; and are not subject to the same procedural requirements as 
parties. Bonneville customers whose rates are subject to this 
proceeding, or their affiliated customer groups, may not submit 
participant comments. Members or employees of organizations that have 
intervened in the proceeding may submit participant comments as private 
individuals (that is, not speaking for their organizations) but may not 
use the comment procedures to address specific issues raised by their 
intervenor organizations.
    Written comments by participants will be included in the record and 
considered by the Administrator if they are received by March 1, 2019. 
Participants should submit comments through Bonneville's website at 
www.bpa.gov/comment or by hard copy to: BPA Public Involvement, DKE-7, 
Bonneville Power Administration, P.O. Box 3621, Portland, Oregon 97208. 
All comments should contain the designation ``BP-20'' in the subject 
line.

B. Interventions

    Any entity or person intending to become a party in the BP-20 
proceeding must file a petition to intervene through Bonneville's 
secure website (https://www.bpa.gov/secure/Ratecase/). A first-time 
user of Bonneville's secure website must create a user account to 
submit an intervention. Returning users may request access to the BP-20 
proceeding through their existing accounts, and may submit 
interventions once their permissions have been updated. The secure 
website contains a link to the user guide, which provides step-by-step 
instructions for creating user accounts, generating filing numbers, 
submitting filings, and uploading interventions. Please contact the 
Rate Hearing Coordinator via email at [email protected] (or via telephone at (503) 230-3102) 
with any questions regarding the submission process. Interventions must 
conform to the format and content requirements set forth in 
Bonneville's Rules of Procedure Sections 1010.6 and 1010.11. 
Interventions must be uploaded to the BP-20 proceeding secure website 
by the deadline established in the procedural schedule.
    A petition to intervene must state the name and address of the 
entity or person requesting party status and the entity's or person's 
interest in the hearing. Bonneville customers and affiliated customer 
groups will be granted intervention based on petitions filed in 
conformance with the Rules of Procedure. Other petitioners must explain 
their interests in sufficient detail to permit the Hearing Officer to 
determine whether the petitioners have a relevant interest in the 
hearing. The deadline for opposing a timely intervention is two 
business days after the deadline for filing petitions to intervene. 
Bonneville or any party may oppose a petition for intervention. All 
petitions will be ruled on by the Hearing Officer. Late interventions 
are strongly disfavored. Opposition to an untimely petition to 
intervene must be filed within two business days after service of the 
petition.

C. Developing the Record

    The hearing record will include, among other things, the 
transcripts of the hearing, written evidence and argument entered into 
the record by Bonneville and the parties, written comments from 
participants, and other material accepted into the record by the 
Hearing Officer. The Hearing Officer will review the record and certify 
the record to the Administrator for final decision.
    The Administrator will develop final rates based on the record and 
such other materials and information as may have been submitted to or 
developed by the Administrator. The Final ROD will be made available to 
all parties. Bonneville will file its rates with the Commission for 
confirmation and approval after issuance of the Final ROD.

Part IV--Summary of Rate Proposals

A. Summary of the Power Rate Proposal

    Bonneville is proposing four primary rates for Federal power sales 
and services, along with general rate schedule provisions to implement 
such rates. The rates described in this section assume the BP-20 
Partial Rates Settlement goes forward. In the event

[[Page 62854]]

this settlement does not go forward, Bonneville will produce revised 
power rates at the time it publishes its Initial Proposal.
1. Priority Firm Power Rate (PF-20)
    The PF rate schedule applies to sales of firm power to public body, 
cooperative, and Federal agency customers to meet their requirements 
pursuant to Section 5(b) of the Northwest Power Act. The PF Public rate 
applies to the sale of Firm Requirements Power under CHWM contracts 
with customers taking Load Following, Block, or Slice/Block service. 
Consistent with the TRM, Tier 1 rates include three charges: (1) 
Customer charges, (2) a demand charge, and (3) a load shaping charge. 
In addition, a Tier 2 Short-Term rate, corresponding to a contract 
option, is applied to customers that have elected to purchase power 
from Bonneville for service to their Above-RHWM Load. Bonneville is 
proposing to revise the Tier 2 Short-Term rate methodology.
    Because very few of Bonneville's customers are subject to exactly 
the same mix of PF rate components, Bonneville has developed a PF rate 
measure for an average customer purchasing at PF Tier 1 rates. This 
quantification, the Tier 1 Average Net Cost, is increasing to $36.78/
MWh for the PF-20 rate, which is an increase of 2.9 percent for the 
two-year rate period, or 1.4 percent on an average annual basis. The 
PF-20 rate increase assumes that the proposed financial reserves policy 
surcharge will be needed and will collect an additional $30 million per 
year. See Part IV.C. of this notice for information on the financial 
reserves policy surcharge.
    The Base PF Exchange rate and its associated surcharges apply to 
sales pursuant to Residential Purchase and Sale Agreements and 
Residential Exchange Program Settlement Implementation Agreements with 
regional utilities that participate in the REP established under 
Section 5(c) of the Northwest Power Act, 16 U.S.C. 839c(c). The Base PF 
Exchange rate establishes the threshold for participation in the REP; 
only utilities with ASCs above the appropriate Base PF Exchange rate 
may receive REP benefits. If a utility meets the threshold, a utility-
specific PF Exchange rate will be established in this proceeding for 
each eligible utility. The utility-specific PF Exchange rate is used in 
calculating the REP benefits each REP participant will receive during 
FY 2020-2021.
    The proposed PF-20 rate schedule also includes resource support 
services rates for customers with non-Federal resources, and a melded 
PF rate for Public customers that have elected power sales contracts 
other than CHWM contracts for firm requirements service.
2. New Resource Firm Power Rate (NR-20)
    The NR-20 rate applies to firm power sales to investor-owned 
utilities (IOUs) to meet their net requirements pursuant to Section 
5(b) of the Northwest Power Act. The NR-20 rate is also applied to 
sales of firm power to Public customers when this power is used to 
serve new large single loads. In addition, the NR rate schedule 
includes rates for services to support Public customers serving new 
large single loads with non-Federal resources. In the BP-20 Initial 
Proposal, Bonneville is forecasting no sales at the NR rate. The 
average NR-20 rate in the Initial Proposal is $79.69/MWh, an increase 
of 0.8 percent from the NR-20 rate. The NR-20 rate increase assumes 
that the proposed financial reserves policy surcharge will be needed 
and will collect an additional $30 million per year. See Part IV.C. of 
this notice for information on the financial reserve policy surcharge.
3. Industrial Firm Power Rate (IP-20)
    The IP rate is applicable to firm power sales to DSI customers 
authorized by Section 5(d)(1)(A) of the Northwest Power Act, 16 U.S.C. 
839c(d)(1)(A). The average IP-20 rate in the Initial Proposal is 
$41.84/MWh, a decrease of 4.2 percent compared to the IP-18 rate. The 
IP-20 rate decrease assumes that the proposed financial reserves policy 
surcharge will be needed and will collect an additional $30 million per 
year. See Part IV.C. of this notice for information on the financial 
reserve policy surcharge.
4. Firm Power and Surplus Products and Services Rate (FPS-20)
    The FPS rate schedule is applicable to sales of various surplus 
power products and surplus transmission capacity for use inside and 
outside the Pacific Northwest. The rates for these products are 
negotiated between Bonneville and the purchasers. The FPS-20 rate 
schedule also includes rates for customers with non-Federal resources; 
the Unanticipated Load Service rate; rates for other capacity, energy, 
and scheduling products and services; and rates for reserve services 
for use outside the Bonneville balancing authority area.
5. Power General Rate Schedule Provisions (GRSPs)
    The Power GRSPs include general rate schedule terms and conditions 
applicable to Bonneville's power rates. In addition, the Power GRSPs 
contain special rate adjustments, charges, credits, and pass-through 
mechanisms for specific events and customer circumstances. Among other 
matters covered by the Power GRSPs are provisions related to 
calculating rates, resource support services, charges associated with 
transfer service, risk adjustments, Slice True-up, the Residential 
Exchange Program, conservation, payment options, and other charges. 
Bonneville is proposing the following changes to the GRSPs:
    Customers served by transfer are currently charged for delivery, 
operating reserves, and regional compliance assessments. Bonneville is 
proposing a new transfer service charge for regulation and frequency 
response to replace the billing for this service that is currently done 
under the FPS rate schedule.
    Bonneville is proposing a new Financial Reserves Policy Surcharge 
(see Part IV.C. of this notice) and a rate for an additional 
Transmission Scheduling Service option.
    Bonneville is proposing to remove the NFB (National Marine 
Fisheries Service Federal Columbia River Power System Biological 
Opinion) Mechanisms.
    Bonneville is also proposing to eliminate three appendices from the 
rate schedules and GRSPs: the Residential Exchange Program refunds that 
end in FY 2019, the Product Conversion Charge, and the Spill Surcharge.

B. Summary of the Proposed BP-20 Partial Rates Settlement

    Bonneville is proposing transmission rates, including all ancillary 
and control area services rates, consistent with the BP-20 Partial 
Rates Settlement described above. The transmission rates under the 
settlement include a weighted average increase of approximately 3.6 
percent for the two-year rate period, or 1.8 percent on an average 
annual basis. In the event the proposed settlement does not go forward, 
Bonneville will produce revised transmission rates at the time it 
publishes its Initial Proposal.
    The BP-20 Partial Rates Settlement specifically excludes the 
proposed Transmission Cost Recovery Adjustment Clause, the Transmission 
Reserves Distribution Clause, and a new Financial Reserves Policy 
Surcharge (see Part IV.C.). Bonneville is proposing those rate 
adjustment mechanisms independent of the BP-20 Partial Rates 
Settlement, and those proposals can be contested in the BP-20 
proceeding.
    Bonneville divides its transmission system into ``segments'' for 
ratemaking purposes and has separate rates for the segments. The rates 
for the network and

[[Page 62855]]

intertie segments are described below, along with other proposed 
transmission rates and GRSPs under the settlement.
1. Network Rates
    Network Integration Transmission Rate (NT-20)--The NT rate applies 
to customers taking network integration service and allows customers to 
flexibly serve their retail load.
    Point-to-Point Rate (PTP-20)--The PTP-20 rate is a contract demand 
rate that applies to customers taking Point-to-Point service on 
Bonneville's network. Point-to-Point service provides customers with 
service from identified points of receipt to identified points of 
delivery. There are separate rates for long-term firm service, and 
various increments of firm and non-firm short-term service.
    Formula Power Transmission Rate (FPT-20)--The FPT rate is based on 
the cost of using specific types of facilities, including a distance 
component for the use of transmission lines, and is charged on a 
contract demand basis.
2. Intertie Rates
    The Southern Intertie Rate (IS-20) is a contract demand rate that 
applies to customers taking Point-to-Point service on the Southern 
Intertie.
    The Montana Intertie Rate (IM-20) applies to customers taking 
Point-to-Point service on the Eastern Intertie that are not parties to 
the Montana Intertie Agreement.
    The Townsend-Garrison Transmission Rate (TGT-20) is a rate for firm 
service over Bonneville's section of the Montana Intertie and is 
available to parties to the Montana Intertie Agreement.
    The Eastern Intertie Rate (IE-20) is a rate for non-firm service on 
the portion of the Eastern Intertie capacity that exceeds Bonneville's 
firm transmission rights and is available to parties to the Montana 
Intertie Agreement.
3. Other Transmission Rates and Transmission General Rate Schedule 
Provisions
    In addition to the rates for use of the network and interties, the 
BP-20 Partial Rates Settlement includes Bonneville's other transmission 
rates, including ancillary and control area services rates:
    The Use-of-Facilities Rate (UFT-20), which establishes a formula 
rate for the use of a specific facility based on the annual cost of 
that facility.
    The Advance Funding Rate (AF-20), which allows Bonneville to 
collect the capital and related costs of specific facilities through an 
advance-funding mechanism.
    The Regional Compliance Enforcement and Regional Coordinator rate 
(RC-20), which recovers costs assessed to Bonneville for regional 
reliability compliance monitoring and enforcement and reliability 
coordination services.
    The Oversupply Rate (OS-20) recovers the costs Bonneville incurs to 
displace generation under the Oversupply Management Protocol, 
Attachment P to Bonneville's OATT.
    Other proposed rates and charges include: A Delivery Charge for the 
use of low-voltage delivery substations; a Reservation Fee for 
customers that postpone their service commencement dates; incremental 
rates for transmission requests that require new facilities; a penalty 
charge for failure to comply with dispatch, curtailment, redispatch, or 
load shedding orders; and an Unauthorized Increase Charge for customers 
whose use exceeds their contracted amounts.
    The BP-20 Partial Rates Settlement also includes rates for the six 
Ancillary Services and six Control Area Services including rates for 
balancing services.

C. Risk Mitigation Tools

    Bonneville uses risk mitigation tools to buffer against poor 
financial performance over the rate period to protect the agency's 
solvency and strong credit rating. The main financial risk mitigation 
tool Bonneville relies upon is financial liquidity, which consists of 
financial reserves and a short-term liquidity facility with the U.S. 
Treasury. In the BP-18 ROD, the Administrator adopted the Financial 
Reserves Policy, which establishes lower and upper thresholds for 
agency and business line financial reserves. In the FRP Phase-In 
Implementation ROD, the Administrator determined the parameters for the 
rate action to be taken when financial reserves fall below a business 
line's lower threshold, including a phase-in for Power Services.
    Bonneville proposes to include three rate adjustment mechanisms in 
the power and transmission rate schedules that may adjust rates in the 
event the business line's financial reserves fall below or exceed 
certain thresholds. For each of the three adjustment mechanisms, 
financial reserves attributed to a business line are measured over the 
rate period in terms of accumulated net revenue (ANR).
    First, the Cost Recovery Adjustment Clause (CRAC) will adjust rates 
upward to generate additional cash within the rate period if business 
line ANR fall below a defined lower threshold. When available 
liquidity, the CRAC, and the Financial Reserves Policy Surcharge are 
insufficient to meet the Treasury Payment Probability (TPP) standard of 
at least 95 percent, Bonneville may include Planned Net Revenues for 
Risk (PNRR) in rates. The TPP is the probability of Bonneville making 
all its Treasury payments on time and in full over the two-year rate 
period. In the Initial Proposal, Bonneville proposes to include no PNRR 
in power and transmission rates and to cap the maximum revenue 
recoverable through the Power CRAC at $300 million per year, and 
through the Transmission CRAC at $100 million per year.
    Second, Bonneville is proposing a new Financial Reserves Policy 
Surcharge for both power and transmission rates to adjust rates upward 
if business line ANR is below its lower threshold (set at the ANR 
equivalent of 60 days cash on hand). Bonneville does not forecast this 
surcharge triggering for Transmission Services during the BP-20 rate 
period. Bonneville is forecasting that the proposed surcharge will 
trigger for Power Services at $30 million for each year of the BP-20 
rate period. The proposed surcharge would be calculated annually and, 
if it triggers, would result in a rate adjustment over 10 months 
(December through September) of each fiscal year of the rate period.
    Finally, Bonneville is proposing a Reserves Distribution Clause 
(RDC), which will trigger if ANR exceeds a business line upper 
threshold (set at the ANR equivalent of 120 days cash on hand) and the 
agency upper threshold (set at the ANR equivalent of 90 days cash on 
hand). Bonneville will consider those financial reserves for investment 
in high-value business line-specific purposes such as debt retirement 
or for rate reduction.

Part V--Proposed BP-20 Rate Schedules and BP-20 Partial Rates 
Settlement

    Bonneville's proposed BP-20 Power Rate Schedules and BP-20 Partial 
Rates Settlement, which includes Transmission, Ancillary, and Control 
Area Services Rate Schedules, are a part of this notice and are 
available for viewing and downloading on Bonneville's website at http://www.bpa.gov/goto/BP20.

    Signed on the 21st day of November, 2018.
Elliot E. Mainzer,
Administrator and Chief Executive Officer.
[FR Doc. 2018-26422 Filed 12-4-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                           62849

                                                 Signed on the 21st day of November, 2018.                Intervention: Anyone intending to                    Bonneville has revised the Rules of
                                               Elliot E. Mainzer,                                      become a party to the BP–20 proceeding                Procedure that govern its rate
                                               Administrator and Chief Executive Officer.              must file a petition to intervene on                  proceedings. In a public process that
                                               [FR Doc. 2018–26427 Filed 12–4–18; 8:45 am]             Bonneville’s secure website no later                  concluded earlier this year, Bonneville
                                               BILLING CODE 6450–01–P
                                                                                                       than 4:30 p.m. on Tuesday, December                   updated and revised the version of the
                                                                                                       11, 2018. See Part III in SUPPLEMENTARY               rules that had applied in Bonneville
                                                                                                       INFORMATION for details on requesting                 proceedings since 1986. The revised
                                               DEPARTMENT OF ENERGY                                    access to the secure website and filing               rules, which took effect September 12,
                                                                                                       a petition to intervene.                              2018, will apply in the BP–20
                                               Bonneville Power Administration                         ADDRESSES: Participant Comments:                      proceeding. Bonneville has published
                                                                                                       Written comments by non-party                         the revised Rules of Procedure in the
                                               [BPA File No.: BP–20]                                   participants must be received by March                Federal Register, 83 FR 39993 (Aug. 13,
                                                                                                       1, 2019, to be considered in the                      2018), and posted the rules on its
                                               Fiscal Year (FY) 2020–2021 Proposed                                                                           website at https://www.bpa.gov/
                                                                                                       Administrator’s Record of Decision
                                               Power and Transmission Rate                                                                                   Finance/RateCases/RulesProcedure/
                                                                                                       (ROD). See Part III in SUPPLEMENTARY
                                               Adjustments Public Hearing and                                                                                Pages/.aspx.
                                                                                                       INFORMATION for details on submitting
                                               Opportunities for Public Review and
                                                                                                       participant comments.                                 B. Proposed Settlement of Rates for
                                               Comment
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.                  Transmission, Ancillary, and Control
                                               AGENCY: Bonneville Power                                Heidi Helwig, DKE–7, BPA                              Area Services
                                               Administration (Bonneville),                            Communications, Bonneville Power
                                               Department of Energy (DOE).                             Administration, P.O. Box 3621,                           Since early October, Bonneville has
                                                                                                       Portland, Oregon 97208; by phone toll-                engaged customers with long-term
                                               ACTION: Notice of FY 2020–2021                                                                                transmission service to attempt to reach
                                               proposed power and transmission rate                    free at 1–800–622–4519; or by email to
                                                                                                       hyhelwig@bpa.gov.                                     agreement on the transmission rates,
                                               adjustments.                                                                                                  including ancillary and control area
                                                                                                          The Hearing Clerk for this proceeding
                                               SUMMARY:   Bonneville is holding a                      can be reached via email at BP-20clerk@               services rates, for the FY 2020–2021 rate
                                               proceeding pursuant to Section 7(i) of                  martenlaw.com or via telephone at (503)               period. These discussions have resulted
                                               the Pacific Northwest Electric Power                    243–2200.                                             in the BP–20 Partial Rates Settlement
                                                                                                          Please direct questions regarding                  Agreement that Bonneville is proposing
                                               Planning and Conservation Act
                                                                                                       Bonneville’s secure website to the BP–                to adopt in the BP–20 proceeding. This
                                               (Northwest Power Act) to establish
                                                                                                       20 Rate Hearing Coordinator via email at              Partial Rates Settlement, which includes
                                               power and transmission rates for FY
                                                                                                       BP-20RateHearingCoordinator@bpa.gov                   transmission, ancillary, and control area
                                               2020–2021. Bonneville has designated
                                                                                                       or, if the question is time-sensitive, via            services rate schedules, is provided in
                                               this proceeding Docket No. BP–20. The
                                                                                                       telephone at (503) 230–3102.                          Part V of this notice. The settlement
                                               Northwest Power Act provides that
                                                                                                          Responsible Officials: Mr. Daniel H.               does not address power rates or risk
                                               Bonneville must establish, and
                                                                                                       Fisher, Power Rates Manager, is the                   mitigation adjustment mechanisms.
                                               periodically review and revise, its                                                                              Bonneville’s agreement to the BP–20
                                               power and transmission rates so that                    official responsible for the development
                                                                                                       of Bonneville’s power rates, and Ms.                  Partial Rates Settlement is subject to
                                               they recover, in accordance with sound                                                                        certain contingencies. First, the partial
                                               business principles, the costs associated               Rebecca E. Fredrickson, Transmission
                                                                                                       Rates Manager, is the official                        settlement is contingent on customers
                                               with the acquisition, conservation, and                                                                       with long-term transmission service
                                               transmission of electric power,                         responsible for the development of
                                                                                                       Bonneville’s transmission, ancillary,                 entering into a separate settlement
                                               including amortization of the Federal                                                                         agreement with Bonneville regarding
                                               investment in the Federal Columbia                      and control area services rates.
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                             the terms and conditions of
                                               River Power System (FCRPS) over a                                                                             transmission service. That settlement
                                               reasonable number of years, and                         Table of Contents                                     agreement will be addressed in a
                                               Bonneville’s other costs and expenses.                                                                        separate proceeding that Bonneville will
                                               For transmission rates only, the                        Part I. Introduction and Procedural Matters
                                                                                                       Part II. Scope of BP–20 Rate Proceeding               conduct under section 212(i)(2)(A) of
                                               Northwest Power Act requires that the                   Part III. Public Participation in BP–20               the Federal Power Act (‘‘TC–20
                                               costs of the Federal transmission system                Part IV. Summary of Rate Proposals                    Proceeding’’). If the settlement of the
                                               be equitably allocated between Federal                  Part V. Proposed BP–20 Rate Schedules and             TC–20 proceeding does not move
                                               and non-Federal power utilizing the                       BP–20 Partial Rates Settlement                      forward, the BP–20 Partial Rates
                                               system. The Northwest Power Act                                                                               Settlement will be void.
                                                                                                       Part I—Introduction and Procedural
                                               requires that Bonneville’s rates be                                                                              Second, the BP–20 Partial Rates
                                                                                                       Matters
                                               established based on the record of a                                                                          Settlement calls for Bonneville to file a
                                               formal hearing. By this notice,                         A. Introduction and Procedural Matters                motion with the BP–20 Hearing Officer
                                               Bonneville announces the                                  Section 7(i) of the Northwest Power                 to establish a deadline for parties to
                                               commencement of a power and                             Act requires that Bonneville’s rates be               either object to the proposed settlement
                                               transmission rate adjustment proceeding                 established according to certain                      or waive the right to contest the
                                               for power, transmission, and ancillary                  procedures, including publication in the              settlement. Bonneville intends to file its
                                               and control area services rates to be                   Federal Register of a notice of the                   motion soon after the BP–20 prehearing
                                               effective on October 1, 2019.                           proposed rates; one or more hearings                  conference. If the settlement of the TC–
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                                               DATES: Prehearing Conference: The                       conducted as expeditiously as                         20 proceeding continues to move
                                               BP–20 proceeding begins with a                          practicable by a Hearing Officer;                     forward, and no party objects to the BP–
                                               prehearing conference at 9:00 a.m. on                   opportunity for both oral presentation                20 Partial Rates Settlement, Bonneville
                                               Friday, December 7, 2018, in the                        and written submission of views, data,                staff will recommend that the
                                               Bonneville Rates Hearing Room, 1201                     questions, and arguments related to the               Administrator adopt the Partial Rates
                                               NE Lloyd Boulevard, Suite 200,                          proposed rates; and a decision by the                 Settlement. Under those circumstances,
                                               Portland, Oregon 97232.                                 Administrator based on the record.                    Bonneville anticipates that the


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                                               62850                                Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               Administrator would adopt the BP–20                                       power rate schedules that reflect                              Hearing Officer and may be amended by
                                               Partial Rates Settlement in either the                                    proposed rates without settlement. If the                      the Hearing Officer as needed during the
                                               record of decision issued at the end of                                   settlement of the TC–20 proceeding goes                        proceeding.
                                               the BP–20 proceeding or a separate                                        forward, but a party in the BP–20                                 The deadline to intervene in BP–20
                                               record of decision issued before that                                     proceeding objects to the BP–20 Partial                        applies to all potential parties regardless
                                               time.                                                                     Rates Settlement, Bonneville will notify
                                                  If Bonneville and long-term                                                                                                           of the proposed settlement under the
                                                                                                                         all parties and decide how to proceed
                                               transmission service customers cannot                                                                                                    BP–20 Partial Rates Settlement. If
                                                                                                                         with respect to rates proposed in the
                                               move forward with settlement of the                                       initial proposal.                                              Bonneville and parties move forward
                                               TC–20 proceeding, then the BP–20                                                                                                         with the BP–20 Partial Rates Settlement,
                                               Partial Rates Settlement will be void,                                    C. Proposed Procedural Schedule                                the events in the procedural schedule
                                               and Bonneville will notify all parties                                      A proposed schedule for the BP–20                            after the deadline to intervene will
                                               and publish alternative transmission,                                     proceeding is provided below. A final                          apply only to issues that have not
                                               ancillary and control area services, and                                  schedule will be established by the                            settled.

                                               Prehearing Conference .............................................................................             December 7, 2018.
                                               Deadline for Petitions to Intervene ...........................................................                 December 11, 2018.
                                               BPA Files Initial Proposal .........................................................................            January 14, 2019.
                                               Clarification ...............................................................................................   January 18 & 22, 2019.
                                               Motions to Strike Due ...............................................................................           January 31, 2019.
                                               Data Request Deadline .............................................................................             January 31, 2019.
                                               Answers to Motions to Strike Due ............................................................                   February 7, 2019.
                                               Data Response Deadline ..........................................................................               February 7, 2019.
                                               Parties File Direct Cases ..........................................................................            February 21, 2019.
                                               Clarification ...............................................................................................   February 28 and March 1, 2019.
                                               Close of Participant Comments ................................................................                  March 1, 2019.
                                               Motions to Strike Due ...............................................................................           March 8, 2019.
                                               Data Request Deadline .............................................................................             March 8, 2019.
                                               Answers to Motions to Strike Due ............................................................                   March 15, 2019.
                                               Data Response Deadline ..........................................................................               March 15, 2019.
                                               Litigants File Rebuttal Cases ....................................................................              March 28, 2019.
                                               Clarification ...............................................................................................   April 4, 2019.
                                               Motions to Strike Due ...............................................................................           April 8, 2019.
                                               Data Request Deadline .............................................................................             April 8, 2019.
                                               Answers to Motions to Strike Due ............................................................                   April 15, 2019.
                                               Data Response Deadline ..........................................................................               April 15, 2019.
                                               Parties Give Notice of Intent to Cross-Examine .......................................                          April 18, 2019.
                                               Cross-Examination ....................................................................................          April 22–23, 2019.
                                               Initial Briefs Filed ......................................................................................     May 6, 2019.
                                               Oral Argument ...........................................................................................       May 13, 2019.
                                               Draft ROD Issued .....................................................................................          June 13, 2019.
                                               Briefs on Exceptions Filed ........................................................................             June 28, 2019.
                                               Final ROD and Final Studies Issued ........................................................                     July 25, 2019.



                                               D. Ex Parte Communications                                                of procedure; (2) otherwise authorized                         2020–2021. The proposal for
                                                                                                                         by law or the Rules of Procedure; (3)                          Bonneville’s power and transmission
                                                  Section 1010.5 of the Rules of                                         from or to the Federal Energy Regulatory                       rates is provided in Part IV of this
                                               Procedure prohibits ex parte                                              Commission (Commission); (4) that all                          notice.
                                               communications. Ex parte                                                  litigants agree may be made on an ex
                                               communications include any oral or                                        parte basis; (5) in the ordinary course of                     B. 2018 Integrated Program Review
                                               written communication (1) relevant to                                     business, about information required to
                                               the merits of any issue in the                                                                                                              Bonneville began its 2018 Integrated
                                                                                                                         be exchanged under contracts, or in
                                               proceeding; (2) that is not on the record;                                                                                               Program Review (IPR) process in June
                                                                                                                         information responding to a Freedom of
                                               and (3) with respect to which reasonable                                                                                                 2018. The IPR process is designed to
                                                                                                                         Information Act request; (6) between the
                                               prior notice has not been given. The ex                                                                                                  allow the public an opportunity to
                                                                                                                         Hearing Officer and Hearing Clerk; (7) in
                                               parte rule applies to communications                                      meetings for which prior notice has                            review and comment on Bonneville’s
                                               with all Bonneville and DOE employees                                     been given; or (8) as otherwise specified                      proposed expense and capital spending
                                               and contractors, the Hearing Officer,                                     in Section 1010.5(b). The ex parte rule                        level estimates before the spending
                                               and the Hearing Clerk during the                                          remains in effect until the                                    levels are used to set rates. On October
                                               proceeding. Except as provided, any                                       Administrator’s Final ROD is issued,                           11, 2018, Bonneville issued the Final
                                               communications with persons covered                                       which is scheduled to occur on or about                        Close-Out Report for the IPR process,
                                               by the rule regarding the merits of any                                   July 25, 2019.                                                 which establishes the expense and
                                               issue in the proceeding by other                                                                                                         capital program level cost estimates that
khammond on DSK30JT082PROD with NOTICES




                                               executive branch agencies, Congress,                                      Part II—Scope of BP–20 Rate                                    are used in the BP–20 Initial Proposal.
                                               existing or potential Bonneville                                          Proceeding                                                     At the discretion of the Administrator,
                                               customers, nonprofit or public interest                                   A. Joint Rate Proceeding                                       Bonneville may hold additional
                                               groups, or any other non-DOE parties                                                                                                     processes to review these estimates
                                               are prohibited. The rule explicitly                                         The BP–20 proceeding is a joint                              outside of this rate proceeding.
                                               excludes and does not prohibit                                            proceeding for the adoption of both
                                               communications (1) relating to matters                                    power and transmission rates for FY


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                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                           62851

                                               C. Scope of the BP–20 Proceeding                        transmission cost incurred by Power                   or the FRP Phase-In ROD in this rate
                                                 This section provides guidance to the                 Services, (8) generation cost incurred by             proceeding.
                                               Hearing Officer regarding the scope of                  Transmission Services, (9) minimum
                                                                                                                                                             4. Leverage Policy
                                               the rate proceeding and identifies                      required net revenue, and (10) the costs
                                               specific issues that are outside the                    of risk mitigation actions resulting from                In August 2018, Bonneville completed
                                               scope. In addition to the issues                        the expense and revenue uncertainties                 a public process to develop a new
                                               specifically listed below, any other issue              included in the risk analysis.                        financial policy (Leverage Policy) that
                                               that is not a ratemaking issue is outside               2. Federal and Non-Federal Debt Service               provides guidance on managing the
                                               the scope of this proceeding.                           and Debt Management                                   agency’s and business lines’ debt-to-
                                                 Bonneville may revise the scope of                                                                          asset ratios. The Leverage Policy
                                                                                                          During the 2018 IPR process and in                 provides near-term, mid-term, and long-
                                               the proceeding to include new issues                    other forums, Bonneville provided the
                                               that arise as a result of circumstances or                                                                    term targets for agency and business line
                                                                                                       public with background information on                 leverage. On September 25, 2018, the
                                               events occurring outside the proceeding                 Bonneville’s internal Federal and non-
                                               that are substantially related to the rates                                                                   Administrator issued a record of
                                                                                                       Federal debt management policies and                  decision adopting the Leverage Policy
                                               under consideration in the proceeding.                  practices. While these policies and
                                               See Rules of Procedure, Section                                                                               (Leverage Policy ROD).
                                                                                                       practices are not decided in the IPR                     Pursuant to Section 1010.4(b)(8) of the
                                               1010.4(b)(8)(iii), (iv). If Bonneville                  forum, these discussions were intended
                                               revises the scope of the proceeding to                                                                        Rules of Procedure, the Administrator
                                                                                                       to inform interested parties about these              directs the Hearing Officer to exclude
                                               include new issues, Bonneville will                     matters so the parties would better
                                               provide public notice on its website,                                                                         from the record all argument, testimony,
                                                                                                       understand Bonneville’s debt structure.
                                               present testimony or other information                                                                        or other evidence that seeks in any way
                                                                                                       Bonneville’s debt management policies
                                               regarding such issues, and provide a                                                                          to visit or revisit Bonneville’s
                                                                                                       and practices remain outside the scope
                                               reasonable opportunity to intervene and                                                                       determinations in the Leverage Policy or
                                                                                                       of the rate proceeding.
                                               respond to Bonneville’s testimony or                                                                          Leverage Policy ROD.
                                                                                                          Pursuant to Section 1010.4(b)(8) of the
                                               other information. Id.                                  Rules of Procedure, the Administrator                 5. Tiered Rate Methodology (TRM)
                                               1. Program Cost Estimates                               directs the Hearing Officer to exclude
                                                                                                                                                                The TRM restricts Bonneville and its
                                                                                                       from the record all argument, testimony,
                                                  Bonneville’s projections of its                                                                            customers with Contract High Water
                                                                                                       or other evidence that seeks in any way
                                               program costs and spending levels are                                                                         Mark (CHWM) contracts from proposing
                                                                                                       to address the appropriateness or
                                               not determined in rate proceedings.                                                                           changes to the TRM’s ratemaking
                                                                                                       reasonableness of Bonneville’s debt
                                               These projections are determined by                                                                           guidelines unless certain procedures
                                                                                                       management policies and practices.
                                               Bonneville in other forums, such as the                                                                       have been successfully concluded. No
                                                                                                       This exclusion does not encompass how
                                               IPR public review process, with input                                                                         proposed changes have been subjected
                                                                                                       debt management actions are reflected
                                               from stakeholders. See Part II.B. of this                                                                     to the required procedures.
                                                                                                       in ratemaking.
                                               notice. In addition, Bonneville allocates                                                                        Pursuant to Section 1010.4(b)(8) of the
                                               the capital spending on the Federal                     3. Financial Reserves Policy and                      Rules of Procedure, the Administrator
                                               power and transmission system over the                  Financial Reserves Policy Phase-In                    directs the Hearing Officer to exclude
                                               service life of the system, based on a                     In the Final ROD in the BP–18                      from the record all argument, testimony,
                                               depreciation study calculated consistent                proceeding (BP–18 ROD), Bonneville                    or other evidence that seeks in any way
                                               with industry standards. The                            adopted a financial policy that                       to propose revisions to the TRM made
                                               depreciation study and resulting                        established lower and upper thresholds                by Bonneville, customers with CHWM
                                               depreciation rates are not determined in                for agency and business line financial                contracts, or their representatives. This
                                               rate proceedings.                                       reserves (Financial Reserves Policy).                 exclusion does not extend to a party or
                                                  Pursuant to Section 1010.4(b)(8) of the              Challenges to Bonneville’s decision to                customer that does not have a CHWM
                                               Rules of Procedure, the Administrator                   adopt the Financial Reserves Policy are               contract.
                                               directs the Hearing Officer to exclude                  not within the scope of this proceeding.              6. Rate Period High Water Mark
                                               from the record all argument, testimony,                   In the BP–18 ROD, the Administrator                (RHWM) Process
                                               or other evidence that challenges the                   committed to hold a follow-on public
                                               appropriateness or reasonableness of the                process to determine and phase in for                    The RHWM Process preceded the start
                                               Administrator’s decisions on cost and                   Power Services the parameters for the                 of the BP–20 proceeding. In that
                                               spending levels, including decisions on                 rate action to be taken when financial                process, as directed by the TRM,
                                               the depreciation rates that are used to                 reserves fall below a business line’s                 Bonneville established FY 2020–2021
                                               calculate depreciation expense. If any                  lower threshold. The Administrator                    RHWMs for Public customers that
                                               re-examination of spending levels is                    decided the parameters for this rate                  signed contracts for firm requirements
                                               necessary, such re-examination will                     action in the Financial Reserves Policy               power service providing for tiered rates,
                                               occur outside of the rate proceeding.                   Phase-In Implementation Record of                     referred to as CHWM contracts.
                                               Except for any portions of the revenue                  Decision, issued in September 2018                    Bonneville established the maximum
                                               requirement that are settled in the BP–                 (FRP Phase-In ROD). Bonneville’s                      planned amount of power a customer is
                                               20 proceeding, the above exclusion does                 decisions in the FRP Phase-In ROD are                 eligible to purchase at Tier 1 rates
                                               not extend to those portions of the                     not within the scope of this proceeding.              during the rate period, the Above-
                                               revenue requirement related to the                         Pursuant to Section 1010.4(b)(8) of the            RHWM Loads for each customer, the
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                                               following: (1) Interest rate forecasts, (2)             Rules of Procedure, the Administrator                 System Shaped Load for each customer,
                                               interest expense and credit, (3) Treasury               directs the Hearing Officer to exclude                the Tier 1 System Firm Critical Output,
                                               repayment schedules, (4) calculation of                 from the record all argument, testimony,              RHWM Augmentation, the Rate Period
                                               depreciation and amortization expense,                  or other evidence that seeks in any way               Tier 1 System Capability (RT1SC), and
                                               (5) forecasts of system replacements                    to visit or revisit Bonneville’s                      the monthly/diurnal shape of RT1SC.
                                               used in repayment studies, (6)                          determinations in the BP–18 ROD                       The RHWM Process provided customers
                                               purchased power expenses, (7)                           regarding the Financial Reserves Policy               an opportunity to review, comment on,


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                                               62852                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               and challenge Bonneville’s RHWM                         or other evidence that seeks in any way               or other evidence that seeks in any way
                                               determinations.                                         to visit or revisit in this rate proceeding           to address issues regarding terms and
                                                  Pursuant to Section 1010.4(b)(8) of the              Bonneville’s determination to adopt the               conditions of transmission service,
                                               Rules of Procedure, the Administrator                   2012 REP Settlement or its terms.                     including interconnection service, and
                                               directs the Hearing Officer to exclude                                                                        ancillary and control area services. This
                                               from the record all argument, testimony,                9. Service to the Direct Service
                                                                                                                                                             includes, but is not limited to,
                                               or other evidence that seeks in any way                 Industries (DSIs)
                                                                                                                                                             argument, testimony, or other evidence
                                               to visit or revisit Bonneville’s                           Pursuant to Section 1010.4(b)(8) of the            regarding Bonneville’s decisions
                                               determination of a customer’s FY 2020–                  Rules of Procedure, the Administrator                 whether to offer particular transmission
                                               2021 RHWM or other RHWM Process                         directs the Hearing Officer to exclude                services, including hourly service, the
                                               determinations.                                         from the record all argument, testimony,              procedures and standards for
                                                                                                       or other evidence that seeks in any way               modifications to Bonneville’s OATT,
                                               7. 2008 Average System Cost                             to revisit the appropriateness or
                                               Methodology (2008 ASCM) and Average                                                                           terms and conditions of existing and
                                                                                                       reasonableness of Bonneville’s decisions              future transmission service agreements,
                                               System Cost Determinations                              regarding service to the DSIs, including              and whether to include certain terms
                                                  Section 5(c) of the Northwest Power                  Bonneville’s decision to offer contracts              and conditions in the OATT or in
                                               Act established the Residential                         to the DSIs and the method, level of                  business practices. This exclusion does
                                               Exchange Program, which provides                        service, or other terms embodied in the               not apply to the BP–20 Partial Rates
                                               benefits to residential and farm                        existing DSI contracts.                               Settlement or testimony supporting the
                                               consumers of Pacific Northwest utilities                                                                      settlement.
                                               based, in part, on a utility’s ‘‘average                10. Operation and Maintenance of the
                                               system cost’’ (ASC) of resources. The                   Power and Transmission Systems                        12. Oversupply Management Protocol
                                               2008 ASCM is not subject to challenge                     Bonneville, in coordination with                       The proposed OS–20 Oversupply rate
                                               or review in a Section 7(i) proceeding.                 other Federal entities, operates and                  is a formula rate designed to recover
                                               Determinations of the ASCs of                           maintains the Federal Columbia River                  Bonneville’s oversupply costs.
                                               participating utilities are made in                     power and transmission systems in                     Bonneville incurs oversupply costs
                                               separate processes conducted pursuant                   accordance with good utility practice                 pursuant to the Oversupply
                                               to the ASCM. Those processes began                      and with applicable reliability standards             Management Protocol, Attachment P of
                                               with ASC filings on June 4, 2018, and                   and operating requirements.                           Bonneville’s OATT. Under the proposed
                                               are continuing through July 2019.                       Bonneville’s power and transmission                   formula rate, Bonneville would recover
                                                  Pursuant to Section 1010.4(b)(8) of the              systems operation and maintenance                     actual costs incurred during the BP–20
                                               Rules of Procedure, the Administrator                   practices and protocols, such as                      rate period rather than forecast costs.
                                               directs the Hearing Officer to exclude                  dispatcher standing orders, operating                 Pursuant to Section 1010.4(b)(8) of the
                                               from the record all argument, testimony,                instructions, reliability of the system,              Rules of Procedure, the Administrator
                                               or other evidence that seeks in any way                 compliance programs, and other                        directs the Hearing Officer to exclude
                                               to visit or revisit the appropriateness or              operating requirements, are non-rate                  from the record all argument, testimony,
                                               reasonableness of the 2008 ASCM or of                   matters. Pursuant to Section                          or other evidence that seeks in any way
                                               any of the ongoing ASC determinations.                  1010.4(b)(8) of the Rules of Procedure,               to address the terms of the Oversupply
                                                                                                       the Administrator directs the Hearing                 Management Protocol; whether the
                                               8. 2012 Residential Exchange Program
                                                                                                       Officer to exclude from the record all                Oversupply Management Protocol
                                               Settlement Agreement (2012 REP
                                                                                                       argument, testimony, or other evidence                complies with orders of the
                                               Settlement)
                                                                                                       that seeks in any way to address issues               Commission; and whether Bonneville
                                                  On July 26, 2011, the Administrator                  regarding operation and maintenance                   took all actions to avoid using the
                                               executed the 2012 REP Settlement,                       practices and protocols.                              Oversupply Management Protocol,
                                               which resolved longstanding litigation                                                                        including the payment of negative
                                               over Bonneville’s implementation of the                 11. Terms and Conditions of
                                                                                                                                                             prices to generators outside of
                                               Residential Exchange Program (REP)                      Transmission Service
                                                                                                                                                             Bonneville’s balancing authority area.
                                               under Section 5(c) of the Northwest                        Bonneville offers and provides                     This exclusion does not extend to issues
                                               Power Act, 16 U.S.C. 839c(c). The                       transmission services, including                      concerning the rates for recovering the
                                               Administrator’s findings regarding the                  interconnection service, and ancillary                costs of the Oversupply Management
                                               legal, factual, and policy challenges to                and control area services in accordance               Protocol.
                                               the 2012 REP Settlement are explained                   with terms and conditions specified in
                                               in the REP–12 Record of Decision (REP–                  its open access transmission tariff                   13. Potential Environmental Impacts,
                                               12 ROD). The Administrator’s decisions                  (OATT), business practices, and                       Biological Constraints, and Related
                                               regarding the 2012 REP Settlement and                   applicable contracts. In addition to and              Operations
                                               REP–12 ROD were upheld by the U.S.                      concurrent with this rate proceeding,                    Environmental impacts are addressed
                                               Court of Appeals for the Ninth Circuit                  Bonneville may initiate the TC–20                     in a National Environmental Policy Act
                                               in Association of Public Agency                         proceeding to adopt generally                         (NEPA) process Bonneville conducts
                                               Customers v. Bonneville Power                           applicable terms and conditions of                    concurrently with the rate proceeding.
                                               Administration, 733 F.3d 939 (9th Cir.                  transmission service. The terms and                   See Part II.D. of this notice. In addition,
                                               2013). Challenges to Bonneville’s                       conditions of transmission and ancillary              biological constraints on hydropower
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                                               decision to adopt the 2012 REP                          and control area services are non-rate                operations are determined outside of the
                                               Settlement and implement its terms in                   matters that Bonneville will establish                rate case through interagency
                                               Bonneville’s rate proceedings are not                   and otherwise address in a separate                   consultation under the Endangered
                                               within the scope of this proceeding.                    proceeding or other forums.                           Species Act, 16 U.S.C. 1536(a)(2).
                                                  Pursuant to Section 1010.4(b)(8) of the                 Pursuant to Section 1010.4(b)(8) of the               Pursuant to Section 1010.4(b)(8) of the
                                               Rules of Procedure, the Administrator                   Rules of Procedure, the Administrator                 Rules of Procedure, the Administrator
                                               directs the Hearing Officer to exclude                  directs the Hearing Officer to exclude                directs the Hearing Officer to exclude
                                               from the record all argument, testimony,                from the record all argument, testimony,              from the record all argument, testimony,


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                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                           62853

                                               or other evidence that seeks in any way                 the comment deadline for Participant                  Coordinator via email at BP–
                                               to address the potential environmental                  Comments identified in Part III.A will                20RateHearingCoordinator@bpa.gov (or
                                               impacts of the rates being developed in                 be considered by Bonneville’s NEPA                    via telephone at (503) 230–3102) with
                                               this rate proceeding, potential biological              compliance staff in the NEPA process                  any questions regarding the submission
                                               effects of operations modeled in the                    that is being conducted for this                      process. Interventions must conform to
                                               proceeding, or appropriate hydroelectric                proposal.                                             the format and content requirements set
                                               system operations in response to the                                                                          forth in Bonneville’s Rules of Procedure
                                               constraints defined in these                            Part III—Public Participation in BP–20
                                                                                                                                                             Sections 1010.6 and 1010.11.
                                               environmental compliance processes.                     A. Distinguishing Between                             Interventions must be uploaded to the
                                               D. The National Environmental Policy                    ‘‘Participants’’ and ‘‘Parties’’                      BP–20 proceeding secure website by the
                                               Act                                                        Bonneville distinguishes between                   deadline established in the procedural
                                                                                                       ‘‘participants in’’ and ‘‘parties to’’ the            schedule.
                                                  Bonneville is in the process of                                                                               A petition to intervene must state the
                                               assessing the potential environmental                   hearings. Separate from the formal
                                                                                                       hearing process, Bonneville will receive              name and address of the entity or
                                               effects of its proposed power and                                                                             person requesting party status and the
                                               transmission rate adjustments,                          written comments, views, opinions, and
                                                                                                       information from participants who may                 entity’s or person’s interest in the
                                               consistent with NEPA. The NEPA                                                                                hearing. Bonneville customers and
                                               process is conducted separately from                    submit comments without being subject
                                                                                                       to the duties of, or having the privileges            affiliated customer groups will be
                                               the rate proceeding. As discussed in                                                                          granted intervention based on petitions
                                               Part II.C.13, all evidence and argument                 of, parties. Participants are not entitled
                                                                                                       to participate in the prehearing                      filed in conformance with the Rules of
                                               addressing potential environmental                                                                            Procedure. Other petitioners must
                                               impacts of the rate adjustments being                   conference; may not cross-examine
                                                                                                       parties’ witnesses, seek discovery, or                explain their interests in sufficient
                                               developed in the BP–20 proceeding are                                                                         detail to permit the Hearing Officer to
                                               excluded from the rate proceeding                       serve or be served with documents; and
                                                                                                       are not subject to the same procedural                determine whether the petitioners have
                                               record. Instead, comments on                                                                                  a relevant interest in the hearing. The
                                               environmental effects should be                         requirements as parties. Bonneville
                                                                                                       customers whose rates are subject to this             deadline for opposing a timely
                                               directed to the NEPA process.                                                                                 intervention is two business days after
                                                  Based on its most current assessment                 proceeding, or their affiliated customer
                                                                                                       groups, may not submit participant                    the deadline for filing petitions to
                                               of the proposed power and transmission
                                                                                                       comments. Members or employees of                     intervene. Bonneville or any party may
                                               rate adjustments, Bonneville believes
                                                                                                       organizations that have intervened in                 oppose a petition for intervention. All
                                               this proposal may be the type of action
                                                                                                       the proceeding may submit participant                 petitions will be ruled on by the Hearing
                                               typically excluded from further NEPA
                                                                                                       comments as private individuals (that                 Officer. Late interventions are strongly
                                               review pursuant to U.S. Department of
                                                                                                       is, not speaking for their organizations)             disfavored. Opposition to an untimely
                                               Energy NEPA regulations, which apply
                                                                                                       but may not use the comment                           petition to intervene must be filed
                                               to Bonneville. More specifically, the
                                                                                                       procedures to address specific issues                 within two business days after service of
                                               proposal appears to solely involve
                                               changes to Bonneville’s rates and other                 raised by their intervenor organizations.             the petition.
                                               cost recovery and management                               Written comments by participants                   C. Developing the Record
                                               mechanisms to ensure that there are                     will be included in the record and
                                                                                                                                                                The hearing record will include,
                                               sufficient revenues to meet Bonneville’s                considered by the Administrator if they
                                                                                                                                                             among other things, the transcripts of
                                               financial obligations and other costs and               are received by March 1, 2019.
                                                                                                                                                             the hearing, written evidence and
                                               expenses, while using existing                          Participants should submit comments
                                                                                                                                                             argument entered into the record by
                                               generation sources operating within                     through Bonneville’s website at
                                                                                                                                                             Bonneville and the parties, written
                                               normal limits. As such, it appears this                 www.bpa.gov/comment or by hard copy
                                                                                                                                                             comments from participants, and other
                                               rate proposal falls within Categorical                  to: BPA Public Involvement, DKE–7,
                                                                                                                                                             material accepted into the record by the
                                               Exclusion B4.3, found at 10 CFR part                    Bonneville Power Administration, P.O.
                                                                                                                                                             Hearing Officer. The Hearing Officer
                                               1021, subpart D, app. B4.3 (2015),                      Box 3621, Portland, Oregon 97208. All
                                                                                                                                                             will review the record and certify the
                                               which provides for the categorical                      comments should contain the
                                                                                                                                                             record to the Administrator for final
                                               exclusion from further NEPA review of                   designation ‘‘BP–20’’ in the subject line.
                                                                                                                                                             decision.
                                               ‘‘[r]ate changes for electric power,
                                                                                                       B. Interventions                                         The Administrator will develop final
                                               power transmission, and other products
                                                                                                          Any entity or person intending to                  rates based on the record and such other
                                               or services provided by a Power
                                                                                                       become a party in the BP–20 proceeding                materials and information as may have
                                               Marketing Administration that are based
                                                                                                       must file a petition to intervene through             been submitted to or developed by the
                                               on a change in revenue requirements if
                                                                                                       Bonneville’s secure website (https://                 Administrator. The Final ROD will be
                                               the operations of generation projects
                                                                                                       www.bpa.gov/secure/Ratecase/). A first-               made available to all parties. Bonneville
                                               would remain within normal operating
                                                                                                       time user of Bonneville’s secure website              will file its rates with the Commission
                                               limits.’’
                                                  Nonetheless, Bonneville is still                     must create a user account to submit an               for confirmation and approval after
                                               assessing the proposal, and, depending                  intervention. Returning users may                     issuance of the Final ROD.
                                               upon the ongoing environmental                          request access to the BP–20 proceeding                Part IV—Summary of Rate Proposals
                                               review, Bonneville may instead issue                    through their existing accounts, and
                                               another appropriate NEPA document.                      may submit interventions once their                   A. Summary of the Power Rate Proposal
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                                               Comments regarding the potential                        permissions have been updated. The                      Bonneville is proposing four primary
                                               environmental effects of the proposal                   secure website contains a link to the                 rates for Federal power sales and
                                               may be submitted to Stacy Mason,                        user guide, which provides step-by-step               services, along with general rate
                                               NEPA Compliance Officer, ECP–4,                         instructions for creating user accounts,              schedule provisions to implement such
                                               Bonneville Power Administration, 905                    generating filing numbers, submitting                 rates. The rates described in this section
                                               NE 11th Avenue, Portland, Oregon                        filings, and uploading interventions.                 assume the BP–20 Partial Rates
                                               97232. Any such comments received by                    Please contact the Rate Hearing                       Settlement goes forward. In the event


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                                               62854                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               this settlement does not go forward,                    resources, and a melded PF rate for                   In addition, the Power GRSPs contain
                                               Bonneville will produce revised power                   Public customers that have elected                    special rate adjustments, charges,
                                               rates at the time it publishes its Initial              power sales contracts other than CHWM                 credits, and pass-through mechanisms
                                               Proposal.                                               contracts for firm requirements service.              for specific events and customer
                                                                                                                                                             circumstances. Among other matters
                                               1. Priority Firm Power Rate (PF–20)                     2. New Resource Firm Power Rate (NR–
                                                                                                                                                             covered by the Power GRSPs are
                                                  The PF rate schedule applies to sales                20)
                                                                                                                                                             provisions related to calculating rates,
                                               of firm power to public body,                              The NR–20 rate applies to firm power               resource support services, charges
                                               cooperative, and Federal agency                         sales to investor-owned utilities (IOUs)              associated with transfer service, risk
                                               customers to meet their requirements                    to meet their net requirements pursuant               adjustments, Slice True-up, the
                                               pursuant to Section 5(b) of the                         to Section 5(b) of the Northwest Power                Residential Exchange Program,
                                               Northwest Power Act. The PF Public                      Act. The NR–20 rate is also applied to                conservation, payment options, and
                                               rate applies to the sale of Firm                        sales of firm power to Public customers               other charges. Bonneville is proposing
                                               Requirements Power under CHWM                           when this power is used to serve new                  the following changes to the GRSPs:
                                               contracts with customers taking Load                    large single loads. In addition, the NR                  Customers served by transfer are
                                               Following, Block, or Slice/Block service.               rate schedule includes rates for services             currently charged for delivery, operating
                                               Consistent with the TRM, Tier 1 rates                   to support Public customers serving                   reserves, and regional compliance
                                               include three charges: (1) Customer                     new large single loads with non-Federal               assessments. Bonneville is proposing a
                                               charges, (2) a demand charge, and (3) a                 resources. In the BP–20 Initial Proposal,             new transfer service charge for
                                               load shaping charge. In addition, a Tier                Bonneville is forecasting no sales at the             regulation and frequency response to
                                               2 Short-Term rate, corresponding to a                   NR rate. The average NR–20 rate in the                replace the billing for this service that
                                               contract option, is applied to customers                Initial Proposal is $79.69/MWh, an                    is currently done under the FPS rate
                                               that have elected to purchase power                     increase of 0.8 percent from the NR–20                schedule.
                                               from Bonneville for service to their                    rate. The NR–20 rate increase assumes                    Bonneville is proposing a new
                                               Above-RHWM Load. Bonneville is                          that the proposed financial reserves                  Financial Reserves Policy Surcharge
                                               proposing to revise the Tier 2 Short-                   policy surcharge will be needed and                   (see Part IV.C. of this notice) and a rate
                                               Term rate methodology.                                  will collect an additional $30 million                for an additional Transmission
                                                  Because very few of Bonneville’s                     per year. See Part IV.C. of this notice for           Scheduling Service option.
                                               customers are subject to exactly the                    information on the financial reserve                     Bonneville is proposing to remove the
                                               same mix of PF rate components,                         policy surcharge.                                     NFB (National Marine Fisheries Service
                                               Bonneville has developed a PF rate                                                                            Federal Columbia River Power System
                                               measure for an average customer                         3. Industrial Firm Power Rate (IP–20)                 Biological Opinion) Mechanisms.
                                               purchasing at PF Tier 1 rates. This                        The IP rate is applicable to firm power               Bonneville is also proposing to
                                               quantification, the Tier 1 Average Net                  sales to DSI customers authorized by                  eliminate three appendices from the rate
                                               Cost, is increasing to $36.78/MWh for                   Section 5(d)(1)(A) of the Northwest                   schedules and GRSPs: the Residential
                                               the PF–20 rate, which is an increase of                 Power Act, 16 U.S.C. 839c(d)(1)(A). The               Exchange Program refunds that end in
                                               2.9 percent for the two-year rate period,               average IP–20 rate in the Initial Proposal            FY 2019, the Product Conversion
                                               or 1.4 percent on an average annual                     is $41.84/MWh, a decrease of 4.2                      Charge, and the Spill Surcharge.
                                               basis. The PF–20 rate increase assumes                  percent compared to the IP–18 rate. The
                                               that the proposed financial reserves                                                                          B. Summary of the Proposed BP–20
                                                                                                       IP–20 rate decrease assumes that the                  Partial Rates Settlement
                                               policy surcharge will be needed and                     proposed financial reserves policy
                                               will collect an additional $30 million                  surcharge will be needed and will                       Bonneville is proposing transmission
                                               per year. See Part IV.C. of this notice for             collect an additional $30 million per                 rates, including all ancillary and control
                                               information on the financial reserves                   year. See Part IV.C. of this notice for               area services rates, consistent with the
                                               policy surcharge.                                       information on the financial reserve                  BP–20 Partial Rates Settlement
                                                  The Base PF Exchange rate and its                    policy surcharge.                                     described above. The transmission rates
                                               associated surcharges apply to sales                                                                          under the settlement include a weighted
                                               pursuant to Residential Purchase and                    4. Firm Power and Surplus Products                    average increase of approximately 3.6
                                               Sale Agreements and Residential                         and Services Rate (FPS–20)                            percent for the two-year rate period, or
                                               Exchange Program Settlement                                The FPS rate schedule is applicable to             1.8 percent on an average annual basis.
                                               Implementation Agreements with                          sales of various surplus power products               In the event the proposed settlement
                                               regional utilities that participate in the              and surplus transmission capacity for                 does not go forward, Bonneville will
                                               REP established under Section 5(c) of                   use inside and outside the Pacific                    produce revised transmission rates at
                                               the Northwest Power Act, 16 U.S.C.                      Northwest. The rates for these products               the time it publishes its Initial Proposal.
                                               839c(c). The Base PF Exchange rate                      are negotiated between Bonneville and                   The BP–20 Partial Rates Settlement
                                               establishes the threshold for                           the purchasers. The FPS–20 rate                       specifically excludes the proposed
                                               participation in the REP; only utilities                schedule also includes rates for                      Transmission Cost Recovery Adjustment
                                               with ASCs above the appropriate Base                    customers with non-Federal resources;                 Clause, the Transmission Reserves
                                               PF Exchange rate may receive REP                        the Unanticipated Load Service rate;                  Distribution Clause, and a new
                                               benefits. If a utility meets the threshold,             rates for other capacity, energy, and                 Financial Reserves Policy Surcharge
                                               a utility-specific PF Exchange rate will                scheduling products and services; and                 (see Part IV.C.). Bonneville is proposing
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                                               be established in this proceeding for                   rates for reserve services for use outside            those rate adjustment mechanisms
                                               each eligible utility. The utility-specific             the Bonneville balancing authority area.              independent of the BP–20 Partial Rates
                                               PF Exchange rate is used in calculating                                                                       Settlement, and those proposals can be
                                               the REP benefits each REP participant                   5. Power General Rate Schedule                        contested in the BP–20 proceeding.
                                               will receive during FY 2020–2021.                       Provisions (GRSPs)                                      Bonneville divides its transmission
                                                  The proposed PF–20 rate schedule                        The Power GRSPs include general rate               system into ‘‘segments’’ for ratemaking
                                               also includes resource support services                 schedule terms and conditions                         purposes and has separate rates for the
                                               rates for customers with non-Federal                    applicable to Bonneville’s power rates.               segments. The rates for the network and


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                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                 62855

                                               intertie segments are described below,                    The Regional Compliance                             insufficient to meet the Treasury
                                               along with other proposed transmission                  Enforcement and Regional Coordinator                  Payment Probability (TPP) standard of
                                               rates and GRSPs under the settlement.                   rate (RC–20), which recovers costs                    at least 95 percent, Bonneville may
                                                                                                       assessed to Bonneville for regional                   include Planned Net Revenues for Risk
                                               1. Network Rates
                                                                                                       reliability compliance monitoring and                 (PNRR) in rates. The TPP is the
                                                 Network Integration Transmission                      enforcement and reliability coordination              probability of Bonneville making all its
                                               Rate (NT–20)—The NT rate applies to                     services.                                             Treasury payments on time and in full
                                               customers taking network integration                      The Oversupply Rate (OS–20)                         over the two-year rate period. In the
                                               service and allows customers to flexibly                recovers the costs Bonneville incurs to
                                                                                                                                                             Initial Proposal, Bonneville proposes to
                                               serve their retail load.                                displace generation under the
                                                                                                                                                             include no PNRR in power and
                                                 Point-to-Point Rate (PTP–20)—The                      Oversupply Management Protocol,
                                                                                                       Attachment P to Bonneville’s OATT.                    transmission rates and to cap the
                                               PTP–20 rate is a contract demand rate                                                                         maximum revenue recoverable through
                                               that applies to customers taking Point-                   Other proposed rates and charges
                                                                                                       include: A Delivery Charge for the use                the Power CRAC at $300 million per
                                               to-Point service on Bonneville’s
                                                                                                       of low-voltage delivery substations; a                year, and through the Transmission
                                               network. Point-to-Point service provides
                                               customers with service from identified                  Reservation Fee for customers that                    CRAC at $100 million per year.
                                               points of receipt to identified points of               postpone their service commencement                      Second, Bonneville is proposing a
                                               delivery. There are separate rates for                  dates; incremental rates for transmission             new Financial Reserves Policy
                                               long-term firm service, and various                     requests that require new facilities; a               Surcharge for both power and
                                               increments of firm and non-firm short-                  penalty charge for failure to comply                  transmission rates to adjust rates
                                               term service.                                           with dispatch, curtailment, redispatch,               upward if business line ANR is below
                                                 Formula Power Transmission Rate                       or load shedding orders; and an                       its lower threshold (set at the ANR
                                               (FPT–20)—The FPT rate is based on the                   Unauthorized Increase Charge for
                                                                                                                                                             equivalent of 60 days cash on hand).
                                               cost of using specific types of facilities,             customers whose use exceeds their
                                                                                                                                                             Bonneville does not forecast this
                                               including a distance component for the                  contracted amounts.
                                                                                                         The BP–20 Partial Rates Settlement                  surcharge triggering for Transmission
                                               use of transmission lines, and is charged                                                                     Services during the BP–20 rate period.
                                                                                                       also includes rates for the six Ancillary
                                               on a contract demand basis.                                                                                   Bonneville is forecasting that the
                                                                                                       Services and six Control Area Services
                                               2. Intertie Rates                                       including rates for balancing services.               proposed surcharge will trigger for
                                                                                                                                                             Power Services at $30 million for each
                                                  The Southern Intertie Rate (IS–20) is                C. Risk Mitigation Tools                              year of the BP–20 rate period. The
                                               a contract demand rate that applies to                     Bonneville uses risk mitigation tools              proposed surcharge would be calculated
                                               customers taking Point-to-Point service                 to buffer against poor financial                      annually and, if it triggers, would result
                                               on the Southern Intertie.                               performance over the rate period to                   in a rate adjustment over 10 months
                                                  The Montana Intertie Rate (IM–20)                    protect the agency’s solvency and strong              (December through September) of each
                                               applies to customers taking Point-to-                   credit rating. The main financial risk
                                               Point service on the Eastern Intertie that                                                                    fiscal year of the rate period.
                                                                                                       mitigation tool Bonneville relies upon is
                                               are not parties to the Montana Intertie                 financial liquidity, which consists of                   Finally, Bonneville is proposing a
                                               Agreement.                                              financial reserves and a short-term                   Reserves Distribution Clause (RDC),
                                                  The Townsend-Garrison Transmission                   liquidity facility with the U.S. Treasury.            which will trigger if ANR exceeds a
                                               Rate (TGT–20) is a rate for firm service                In the BP–18 ROD, the Administrator                   business line upper threshold (set at the
                                               over Bonneville’s section of the                        adopted the Financial Reserves Policy,                ANR equivalent of 120 days cash on
                                               Montana Intertie and is available to                    which establishes lower and upper                     hand) and the agency upper threshold
                                               parties to the Montana Intertie                         thresholds for agency and business line               (set at the ANR equivalent of 90 days
                                               Agreement.                                              financial reserves. In the FRP Phase-In               cash on hand). Bonneville will consider
                                                  The Eastern Intertie Rate (IE–20) is a               Implementation ROD, the Administrator                 those financial reserves for investment
                                               rate for non-firm service on the portion                determined the parameters for the rate                in high-value business line-specific
                                               of the Eastern Intertie capacity that                   action to be taken when financial                     purposes such as debt retirement or for
                                               exceeds Bonneville’s firm transmission                  reserves fall below a business line’s                 rate reduction.
                                               rights and is available to parties to the               lower threshold, including a phase-in
                                               Montana Intertie Agreement.                             for Power Services.                                   Part V—Proposed BP–20 Rate
                                                                                                          Bonneville proposes to include three               Schedules and BP–20 Partial Rates
                                               3. Other Transmission Rates and                                                                               Settlement
                                               Transmission General Rate Schedule                      rate adjustment mechanisms in the
                                               Provisions                                              power and transmission rate schedules
                                                                                                                                                               Bonneville’s proposed BP–20 Power
                                                                                                       that may adjust rates in the event the
                                                 In addition to the rates for use of the                                                                     Rate Schedules and BP–20 Partial Rates
                                                                                                       business line’s financial reserves fall
                                               network and interties, the BP–20 Partial                below or exceed certain thresholds. For               Settlement, which includes
                                               Rates Settlement includes Bonneville’s                  each of the three adjustment                          Transmission, Ancillary, and Control
                                               other transmission rates, including                     mechanisms, financial reserves                        Area Services Rate Schedules, are a part
                                               ancillary and control area services rates:              attributed to a business line are                     of this notice and are available for
                                                 The Use-of-Facilities Rate (UFT–20),                  measured over the rate period in terms                viewing and downloading on
                                               which establishes a formula rate for the                                                                      Bonneville’s website at http://
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                                                                                                       of accumulated net revenue (ANR).
                                               use of a specific facility based on the                    First, the Cost Recovery Adjustment                www.bpa.gov/goto/BP20.
                                               annual cost of that facility.                           Clause (CRAC) will adjust rates upward                  Signed on the 21st day of November, 2018.
                                                 The Advance Funding Rate (AF–20),                     to generate additional cash within the                Elliot E. Mainzer,
                                               which allows Bonneville to collect the                  rate period if business line ANR fall
                                               capital and related costs of specific                   below a defined lower threshold. When                 Administrator and Chief Executive Officer.
                                               facilities through an advance-funding                   available liquidity, the CRAC, and the                [FR Doc. 2018–26422 Filed 12–4–18; 8:45 am]
                                               mechanism.                                              Financial Reserves Policy Surcharge are               BILLING CODE 6450–01–P




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Document Created: 2018-12-05 02:35:30
Document Modified: 2018-12-05 02:35:30
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 FY 2020-2021 proposed power and transmission rate adjustments.
DatesPrehearing Conference: The BP-20 proceeding begins with a prehearing conference at 9:00 a.m. on Friday, December 7, 2018, in the Bonneville Rates Hearing Room, 1201 NE Lloyd Boulevard, Suite 200, Portland, Oregon 97232.
ContactMs. Heidi Helwig, DKE-7, BPA Communications, Bonneville Power Administration, P.O. Box 3621, Portland, Oregon 97208; by phone toll-free at 1-800-622-4519; or by email to [email protected]
FR Citation83 FR 62849 

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