97-4695. Proposed 2004 Power Marketing Plan  

  • [Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
    [Notices]
    [Pages 8710-8721]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-4695]
    
    
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF ENERGY
    
    Proposed 2004 Power Marketing Plan
    
    AGENCY: Western Area Power Administration, DOE.
    
    ACTION: Notice of proposed plan.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Western Area Power Administration's (Western) Sierra 
    Nevada Customer Service Region (Sierra Nevada Region) has developed a 
    Proposed 2004 Power Marketing Plan (Proposed Plan). The Proposed Plan 
    provides for marketing power from Central Valley Project (CVP) and 
    Washoe Project powerplants after the year 2004. Western currently 
    markets about 1,580 megawatts (MW) of CVP power under long-term 
    contracts to 80 preference customers in northern and central 
    California. Western also markets 3.65 MW of Washoe Project power. On 
    December 31, 2004, all of Western's long-term CVP power sales contracts 
    will expire, along with Contract 14-06-200-2948A (Contract 2948A) with 
    the Pacific Gas and Electric Company (PG&E) for the sale, interchange 
    and transmission of electric capacity and energy. Western has developed 
    the Proposed Plan to define the products and services to be offered, 
    and the eligibility and allocation criteria that will lead to 
    allocations of CVP and Washoe Project power beyond the year 2004. This 
    Federal Register notice initiates the Administrative Procedure Act 
    process that gives the public an opportunity to participate in 
    administrative rulemaking for marketing of this power by Western after 
    the year 2004, and requests public comment.
    
    DATES: On April 8, 1997, beginning at 10 a.m., Western will hold a 
    public information forum on the Proposed Plan. At the information 
    forum, Western representatives will present the Proposed Plan and 
    respond to questions from the public. On April 24, 1997, beginning at 1 
    p.m., Western will hold a public comment forum to receive oral and 
    written comments on the Proposed Plan. Each forum will be held at the 
    Sierra Nevada Regional Office, 114 Parkshore Drive, Folsom, California. 
    Oral or written comments may be presented at the public comment forum. 
    A transcript of oral comments made at this forum will be available from 
    the court reporter. Written comments on the Proposed Plan will be 
    accepted from the date of publication of this Federal Register notice 
    through May 27, 1997.
    
    ADDRESSES: Written comments may be hand-delivered, mailed, or faxed to 
    the address provided below. Comments must be received by 5 p.m. PDT or 
    postmarked on May 27, 1997 to assure consideration. Inquiries and 
    written comments regarding the Proposed Plan should be directed to: 
    James C. Feider, Regional Manager, Western Area Power Administration, 
    Sierra Nevada Region, 114 Parkshore Drive, Folsom, CA 95630-4710, (916) 
    353-4418, (916) 985-1931 FAX.
        All documentation developed or retained by Western for the purpose 
    of developing the Proposed Plan will be available for inspection and 
    copying at the address below.
    
    FOR FURTHER INFORMATION CONTACT: Zola M. Jackson, Power Marketing 
    Manager, Western Area Power Administration, Sierra Nevada Region, 114 
    Parkshore Drive, Folsom, CA 95630-4710, (916) 353-4421.
        After all public comments have been considered, Western will 
    publish a Final 2004 Power Marketing Plan (Final Plan) in the Federal 
    Register.
    
    [[Page 8711]]
    
    SUPPLEMENTARY INFORMATION:
    
    Authorities
    
        The Sierra Nevada Region developed this Proposed Plan in accordance 
    with its power marketing authorities in the Federal Reclamation laws, 
    the Act of June 17, 1902 (32 Stat. 388), the Act of August 4, 1939 (53 
    Stat. 1187); the Act of April 8, 1935 (49 Stat. 115), the Act of June 
    22, 1936 (49 Stat. 1622), the Act of August 26, 1937 (50 Stat. 844), 
    the Act of October 17, 1940 (54 Stat. 1198), the Act of December 22, 
    1944 (58 Stat. 887), Act of October 14, 1949 (63 Stat. 852), the Act of 
    September 26, 1950 (64 Stat. 1036), the Act of August 12, 1955 (69 
    Stat. 719), the Act of August 1, 1956 (70 Stat. 775), the Act of June 
    3, 1960 (74 Stat. 156), the Act of October 23, 1962 (76 Stat. 1173), 
    the Act of September 2, 1965 (79 Stat. 615), the Act of August 4, 1977 
    (91 Stat. 565), and the Act of July 16, 1984, including all acts 
    amendatory and/or supplementary to the above listed.
    
    Development of the Proposed Plan
    
        Western is developing the Proposed Plan to define: (1) the products 
    and services to be offered, and (2) the criteria for allocating power 
    resources to be marketed under contracts that will replace those 
    expiring on December 31, 2004.
        Development of the Proposed Plan was initiated with a series of 
    three informal public information meetings held on November 17, 1995, 
    March 7, 1996, and May 13, 1996. These meetings began informal 
    discussions to identify pertinent issues and possible marketing 
    options, including products and services and eligibility and allocation 
    criteria, to be included in the Proposed Plan. During the informal 
    process, Western evaluated several options for marketing power after 
    termination of existing contracts. Western's proposal provides each 
    customer a right to customize its power allocation from Western. This 
    will provide a customer the flexibility to optimize the use of Western 
    power.
        Western is also proposing to offer a resource extension to existing 
    customers and to offer a portion of the resource to new customers. 
    Western believes its Proposed Plan provides a balance between existing 
    and new customers, while meeting its contractual obligations that 
    continue beyond 2004.
        As explained in the DATES section of this notice, Western will hold 
    public information and comment forums on the Proposed Plan. After 
    consideration of all public comments, Western will publish notice of 
    the Final Plan in the Federal Register. With that notice, Western will 
    also announce its decisions regarding power resource extensions to 
    existing customers and call for applications for new allocations. The 
    deadline for receipt of applications will be set forth in the call for 
    applications. Western will then consider the applications, determine 
    which applications meet the requirements of the Final Plan, and 
    exercise its discretion provided by law in allocating the power to 
    eligible applicants. Proposed and final allocations will subsequently 
    be published in the Federal Register.
        To implement the Proposed Plan, the level of power resources to be 
    marketed must be determined. Determining levels of power resources to 
    be marketed and subsequently entering into contracts for the delivery 
    of related products and services could be a major Federal action with 
    potentially significant impacts on the human environment. Therefore, an 
    Environmental Impact Statement (EIS) process was initiated on the 2004 
    Power Marketing Program with a Federal Register notice published at 58 
    FR 42536 and 43105, on August 10 and 13, 1993, respectively, in 
    compliance with the National Environmental Policy Act of 1969 (NEPA) 
    (42 U.S.C. 4321, et seq.), as amended, and associated implementing 
    regulations. Following several public meetings, a draft EIS was 
    prepared. The draft EIS described the environmental consequences of a 
    range of reasonable marketing plan alternatives and identified no 
    significant impacts. A Federal Register notice was published on May 24, 
    1996 (61 FR 26174) announcing that the draft EIS was available for 
    public review and comment. Also, Western held a public hearing on June 
    13, 1996 to receive formal comments on the draft EIS, with a July 31, 
    1996 deadline for receipt of written comments. A final EIS is expected 
    to be completed by March 1997, and a Record of Decision is tentatively 
    scheduled to be published in April 1997. The Final Plan will 
    incorporate decisions made as a result of the findings of the final 
    EIS.
        The schedule for the Proposed Plan was developed to recognize 
    Western's responsibility to its customers to provide: (1) necessary 
    planning time (approximately 5 years after final contract commitments) 
    for customers to acquire new power resources should their allocation of 
    CVP power change; (2) sufficient time for Western's Sierra Nevada 
    Region or its customers to negotiate contracts for control area 
    services, third-party transmission, and supplemental power supplies; 
    and (3) time to meet with each customer to design a product/service 
    package prior to the customer making a final commitment.
        The Proposed Plan also incorporates the intent of the Final Rule 
    for the Energy Planning and Management Program (EPAMP) (10 CFR part 
    905), published by Western on October 20, 1995 at 60 FR 54151. The 
    EPAMP Final Rule became effective on November 20, 1995. EPAMP 
    implements Section 114 of the Energy Policy Act of 1992, and requires 
    Western's customers to prepare Integrated Resource Plans (IRP). The 
    Power Marketing Initiative (PMI) of EPAMP provides a framework for 
    extending a major portion of the power available at the time current 
    contracts expire to existing customers, and for establishing project-
    specific resource pools. During the public process for EPAMP, it was 
    determined that application of the PMI to the CVP would be evaluated 
    during the 2004 Power Marketing Plan public process.
    
    Background
    
        The CVP is a large water and power system, initially authorized by 
    Congress in 1935, which covers approximately one-third of the State of 
    California. Legislatively defined purposes set the priorities for the 
    CVP as: (1) river regulation; (2) improvement of navigation; (3) flood 
    control; (4) irrigation; (5) domestic uses; and (6) power. In addition, 
    the CVP Improvement Act of 1992 added fish and wildlife habitat as a 
    priority to the list of CVP purposes.
        The CVP power facilities include 11 powerplants with a maximum 
    operating capability of about 2,044 MW, and an estimated average annual 
    generation of 4.6 million megawatthours (MWh). The U.S. Department of 
    the Interior, Bureau of Reclamation (Reclamation) operates the water 
    control and delivery system and all of the powerplants with the 
    exception of the San Luis Unit, which is operated by the State of 
    California for Reclamation. Western markets and transmits the power 
    available from the CVP.
        Western owns the 94 circuit-mile Malin-Round Mountain 500-kilovolt 
    (kV) transmission line (an integral section of the Pacific Northwest-
    Pacific Southwest Intertie (Pacific Intertie)), 803 circuit miles of 
    230-kV transmission line, 7 circuit miles of 115-kV transmission line 
    and 44 miles of 69-kV and below transmission line. Western also has 
    part ownership in the 342-mile California-Oregon Transmission Project 
    (COTP). Some of Western's existing customers have no direct access to 
    Western's transmission lines and receive service over transmission 
    lines owned by other utilities.
    
    [[Page 8712]]
    
        Western has historically combined output from CVP hydroelectric 
    facilities with supplemental power from a number of other power 
    resources. This has enabled Western to enhance the CVP power resources 
    and to market an amount of firm power to its customers that would not 
    be available solely from CVP facilities in all years. A portion of this 
    supplemental power has been transmitted over the COTP and Pacific 
    Intertie.
        The Washoe Project was authorized by Congress in 1956 and is a 
    separate project from the CVP. The Washoe Project, located in west-
    central Nevada and east-central California, was designed to regulate 
    runoff from the Truckee and Carson rivers and to enhance irrigation; 
    water drainage; municipal, industrial, and fisheries uses; and provide 
    flood protection; fish and wildlife habitat; and recreation. The Washoe 
    Project includes Prosser Creek Dam and reservoir; Stampede Dam, 
    reservoir, and powerplant; Marble Creek Dam; and Pyramid Lake Fishway. 
    The Stampede Powerplant, located in Sierra County, California, was 
    completed in 1987, and has a maximum operating capability of 3.65 MW 
    with an estimated annual generation of 10,000 MWh. Sierra Pacific Power 
    Company (SPPC) owns and operates the only transmission system available 
    for distribution of power generated at the Stampede Powerplant.
    
    History of Central Valley Project Power Allocations
    
        Power was first generated in the CVP at the Shasta Powerplant in 
    1944. Formal allocations of 450 MW of CVP power were first made in 
    1952. In 1964, with the addition of the Trinity River Division 
    facilities, allocations to preference customers were increased to 925 
    MW. In 1967, under terms of Contract 2948A, power imports over the 
    Pacific Intertie (Northwest imports) were incorporated along with 
    provisions for load level increases up to 985 MW in 1975 and up to 
    1,050 MW in 1980.
        Later in 1980, the load level was increased by 102 MW to 1,152 MW. 
    This increase in allocations was accomplished under the 1981 Power 
    Marketing Plan (47 FR 4139) dated January 28, 1982. New customers 
    received 26 MW of nonwithdrawable power and 42 MW of withdrawable power 
    for a total of 68 MW, with 4 MW of withdrawable power left unallocated. 
    Also, diversity power allocations of 30 MW were made to those customers 
    who could shed load during Sierra Nevada Region's system simultaneous 
    peak.
        During the same time period, SMUD challenged Western's right to 
    meld the costs of Northwest imports into CVP power rates charged to 
    SMUD. In a 1983 settlement, it was agreed that SMUD would pay the 
    melded CVP power rates; SMUD's electric service contract, due to expire 
    in 1994, would be extended to 2004; and SMUD would have the right to 
    purchase 100 MW of peaking capacity through 2004. Further, SMUD would 
    have the right to purchase a portion of the power to be marketed from 
    2005 to 2014.
        Under the 1994 Power Marketing Plan (57 FR 45782 and 58 FR 34579) 
    dated October 5, 1992 and June 28, 1993, respectively, existing 
    customers with contracts expiring in 1994 were allocated 501 MW, and 
    approximately 8 MW was allocated to new customers.
        In addition to the power marketed in the 1994 Power Marketing Plan, 
    total power under existing contracts includes approximately 910 MW of 
    long-term firm power, 100 MW of peaking capacity, and 60 MW of 
    withdrawable power, for a total of about 1,580 MW. See Appendix A of 
    this notice for Existing Customers' CRD Amounts.
        On November 30, 1993, the National Defense Authorization Act (NDA 
    Act) was signed into law. This act provides that, for a 10-year period, 
    the CVP electric power allocations to military installations in the 
    State of California which have been closed or approved for closure 
    shall be reserved for sale through long-term contracts to preference 
    entities which agree to use such power to promote economic development 
    at the military installations closed or approved for closure. On 
    December 1, 1994, Western published the final NDA Act procedures 
    developed to fulfill the requirements of section 2929 of the NDA Act 
    (59 FR 61604). To date, about 42 MW of long-term firm power and about 9 
    MW of withdrawable power under contract to military installations being 
    closed has been converted to NDA Act power.
    
    History of Washoe Project (Stampede Powerplant) Allocations
    
        Pursuant to Final Allocation of Stampede Powerplant Power (50 FR 
    43456) dated October 25, 1985, Western allocated all the energy 
    generated at Stampede Powerplant in excess of that needed to serve 
    project use (Lahontan Fish Hatchery and Marble Bluff Fish Facility) to 
    Truckee-Donner Public Utility District. Because Truckee-Donner was 
    unable to obtain transmission service, it was unable to enter into a 
    contract with Western to receive Stampede energy. In 1988, Western 
    rescinded the allocation of Stampede energy to Truckee-Donner and 
    marketed Stampede energy to SPPC under short-term agreements.
        In 1990, Western began conducting a bidding process for the sale of 
    Stampede energy, giving priority to preference entities. Since no 
    preference entity met the bidding criteria, SPPC continued to purchase 
    Stampede energy under short-term agreements.
        In April 1994, Western executed agreements with SPPC and the Fish 
    and Wildlife Service (F&WS) which established a mechanism to provide 
    project use service to the F&WS facilities. These agreements also 
    provide Western the option to market and transmit all energy, in excess 
    of that which is required to provide project use service, outside of 
    SPPC's control area.
    
    Regulatory Procedure Requirements
    
    Regulatory Flexibility Analysis
    
        Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. 601, 
    et seq.), each agency, when required to publish a proposed rule, is 
    further required to prepare and make available for public comment an 
    initial regulatory flexibility analysis to describe the impact of the 
    proposed rule on small entities. Western has determined that (1) this 
    rulemaking relates to services offered by Western and therefore is not 
    a rule within the purview of the Act, and (2) an allocation of power 
    from Western would not cause an adverse economic impact to such 
    entities. The requirements of this Act can be waived if the head of the 
    agency certifies that the rule will not, if promulgated, have a 
    significant economic impact on a substantial number of small entities. 
    By his execution of this Federal Register notice, Western's 
    Administrator certifies that no significant economic impact on a 
    substantial number of small entities will occur.
    
    Environmental Compliance
    
        In compliance with NEPA (42 U.S.C. 4321, et seq.), Council on 
    Environmental Quality NEPA implementing regulations (40 CFR parts 1500-
    1508), and DOE NEPA implementing regulations (10 CFR part 1021), 
    Western completed an environmental impact statement on EPAMP. The 
    Record of Decision was published in the Federal Register on October 12, 
    1995 (60 FR 53181). Additionally, as described in the Supplementary 
    Information Section of this notice, Western and the Environmental 
    Protection Agency announced the availability of Western's draft EIS on 
    the 2004 Power Marketing Program in Federal Register notices published 
    on May 24, 1996 (61 FR
    
    [[Page 8713]]
    
    26174 and 26178, respectively). The draft EIS described the 
    environmental consequences of a range of reasonable marketing plan 
    alternatives and identified no significant impacts. The Proposed Plan 
    falls within the range of alternatives considered. This NEPA review 
    will assure all environmental effects related to Western's Proposed 
    Plan have been identified and analyzed.
        CVP and Washoe electrical capacity and energy to be marketed is 
    influenced by available reservoir storage and water releases controlled 
    by Reclamation within the CVP in California. Pursuant to Title 34 of 
    Public Law 102-575, the CVP Improvement Act of 1992, Reclamation is 
    preparing a Programmatic Environmental Impact Statement (PEIS) 
    addressing improvements to fish and wildlife habitat stipulated in 
    Public Law 102-575, and potential changes in CVP operations and water 
    allocations to meet those obligations. The draft PEIS may result in 
    modifications to CVP facilities and operations that would affect the 
    timing and quantity of electric power generated by the CVP. Such 
    changes may, in turn, affect electric power products and services to be 
    marketed by Western. This Proposed Plan is designed to accommodate 
    these changes. Western is a cooperating agency in Reclamation's PEIS.
    
    Review Under the Paperwork Reduction Act
    
        In accordance with the Paperwork Reduction Act of 1980, 44 U.S.C. 
    3501-3520, Western has received approval from the Office of Management 
    and Budget (OMB) for the collection of customer information in this 
    rule, under control number 1910-1200.
    
    Determination Under Executive Order 12866
    
        DOE has determined that the Proposed Plan is not a significant 
    regulatory action because it does not meet the criteria of Executive 
    Order 12866 (58 FR 51735). Western has an exemption from centralized 
    regulatory review under Executive Order 12866; accordingly, no 
    clearance of this notice by OMB is required.
    
    Proposed 2004 Power Marketing Plan
    
        This Proposed Plan addresses: (1) the power to be marketed after 
    2004; (2) the terms and conditions under which the power will be 
    marketed; and (3) the criteria to determine who will receive an 
    allocation.
        Within broad statutory guidelines and operational constraints of 
    the CVP, Western has wide discretion as to whom and on what terms it 
    will contract for the sale of Federal power as long as preference is 
    accorded to statutorily defined public bodies. Power must be sold in 
    such a manner as will encourage the most widespread use at the lowest 
    possible rates consistent with sound business principles.
    
    I. Acronyms and Definitions
    
        As used herein, the following acronyms and terms, whether singular 
    or plural, shall have the following meanings:
        Administrator: The Administrator of Western Area Power 
    Administration.
        Allocation: An offer to an entity to purchase power from Western.
        Allocation Criteria: Conditions applied to all applicants seeking 
    an allocation.
        Allottee: A preference entity receiving an allocation or power 
    resource extension.
        Ancillary Services: Those services necessary to support the 
    transfer of electricity while maintaining reliable operation of the 
    transmission provider's transmission system in accordance with good 
    utility practice. Ancillary services are generally described in Federal 
    Energy Regulatory Commission Order No. 888, Docket Nos. RM95-8-000 and 
    RM94-7-001, issued April 24, 1996.
        Base Resource: CVP and Washoe Project power output and existing 
    power purchase contracts extending beyond 2004 determined by Western to 
    be available for marketing, exclusive of project use and First 
    Preference entitlements.
        Capacity: The electrical capability of a generator, transformer, 
    transmission circuit or other equipment.
        Central Valley Project (CVP): A multipurpose Federal water 
    development project extending from the Cascade Range in northern 
    California to the plains along the Kern River south of the City of 
    Bakersfield.
        Contract Principles: Provisions made part of the electric service 
    contracts which include the General Power Contract Provisions.
        Contract Rate of Delivery (CRD): The maximum amount of capacity 
    made available to a preference customer for a period specified under a 
    contract.
        Curtailable Power: Power which may be curtailed on a real-time 
    scheduling basis at Western's sole discretion under certain conditions.
        Custom Product: A combination of products and services, excluding 
    provisions for load growth, made available by Western per customer 
    request, utilizing the customer's Base Resource and supplemental 
    purchases made by Western at customer expense.
        Customer: An entity with a contract and receiving electric service 
    from Western's Sierra Nevada Region.
        Diversity Power: Power made available because of the diversity of 
    customers' peak demands at the time of Sierra Nevada Region's peak 
    demand.
        Eligibility Criteria: Conditions that must be met to qualify for an 
    allocation.
        Energy: Measured in terms of the work it is capable of doing over a 
    period of time; electric energy is usually measured in megawatthours.
        Energy Planning and Management Program (EPAMP): Western-wide 
    program developed to encourage customer energy planning (60 FR 54151, 
    dated October 20, 1995).
        Existing Customer: A preference customer with a contract to 
    purchase firm power, offered under a previous allocation process or 
    marketing plan, that extends through December 31, 2004.
        Extension CRD: Existing customer's CRD exclusive of Diversity and 
    Curtailable Power, peaking/excess capacity, and NDA Act Power not used 
    for military loads.
        Final Plan: Western's Final 2004 Power Marketing Plan.
        Firm: A type of product and/or service that is available to a 
    customer at the times it is required.
        First Preference Customer/Entity: A preference customer and/or a 
    preference entity (an entity qualified to use, but not using preference 
    power) within a county of origin (Trinity, Calaveras and Tuolumne) as 
    specified under the Trinity River Division Act (69 Stat. 719) and the 
    New Melones Act of the Flood Control Act of 1962 (76 Stat. 1180).
        General Power Contract Provisions (GPCP): Standard terms and 
    conditions which are included in electric service contracts.
        Integrated Resource Plan (IRP): A process and framework within 
    which the costs and benefits of both demand and supply-side resources 
    are evaluated to develop the least total cost mix of utility resource 
    options.
        Kilowatt (kW): The electrical unit of capacity that equals one 
    thousand watts.
        Load Factor: The ratio of the average load in kW supplied during a 
    designated period to the peak or maximum load in kW occurring in that 
    period.
        Long-Term: A designation for a contractual period of time greater 
    than 5 years.
        Marketing Area: The area which generally encompasses northern and 
    central California extending from the Cascade Range to the Tehachapi 
    Mountains and west-central Nevada.
        Megawatt (MW): The unit by which the rate of production of 
    electricity is
    
    [[Page 8714]]
    
    often measured; one megawatt equals one million watts.
        NDA Act: Section 2929 of the National Defense Authorization Act, 
    Public Law 103-160, 107 Stat. 1547, 1935 (1993), which provides that, 
    for a 10-year period, the CVP electric power allocations to military 
    installations in the State of California which have been closed or 
    approved for closure shall be reserved for sale through long-term 
    contracts to preference entities which agree to use such power to 
    promote economic development at the military installations closed or 
    approved for closure.
        NDA Act Power: Power allocated in accordance with the NDA Act 
    Procedures (59 FR 61604, dated December 1, 1994), which provide for NDA 
    Act power allocations.
        Peaking: The operation of electric powerplants for brief periods 
    when demand for electricity is greatest.
        Power: Capacity and energy.
        Power Marketing Initiative (PMI): A component of Western's EPAMP 
    providing criteria regarding certain Western power marketing programs.
        Preference: The requirements of Reclamation law which provide that 
    preference in the sale of Federal power shall be given to 
    municipalities and other public corporations or agencies and also to 
    cooperatives and other nonprofit organizations financed in whole or in 
    part by loans made pursuant to the Rural Electrification Act of 1936 
    (Reclamation Project Act of 1939, section 9(c), 43 U.S.C. 485h(c)).
        Project Use: Power as defined by Reclamation law and/or used to 
    operate CVP and Washoe Project facilities.
        Proposed Plan: Western's Proposed 2004 Power Marketing Plan.
        Reclamation law: Refers to a series of Federal laws with a lineage 
    dating back to the turn of the century. Viewed as a whole, these laws 
    create the framework under which Western markets power.
        Sierra Nevada Region: The Sierra Nevada Customer Service Region of 
    Western Area Power Administration.
        Unbundled: Electric service that is separated into its components 
    and offered for sale with separate rates for each component.
        Washoe Project: A Federal water project located in the Lahontan 
    Basin in west-central Nevada and east-central California.
        Western: Western Area Power Administration, United States 
    Department of Energy, a Federal power marketing administration 
    responsible for marketing the surplus generation from Federal 
    hydroelectric multipurpose projects pursuant to Reclamation law and the 
    DOE Organization Act (91 Stat. 565, 42 U.S.C. 7101, et seq.).
        Withdrawable: Power that may be withdrawn under certain conditions.
    
    II. Marketable Power Resource
    
        The primary purpose of the CVP and Washoe Project is water control 
    and delivery. The water control system consists of storage reservoirs 
    that provide daily, seasonal, and annual flow regulation, and smaller 
    regulating reservoirs for diverting water and smoothing upstream dam 
    and powerplant releases. Power generated from these resources depends 
    on hydrology and water operation requirements. Some of the power 
    generated is used for project use to operate pumping and fishery 
    facilities. Currently, project use power is metered at 181 locations in 
    northern and central California and Nevada.
        Expected CVP generation (energy and capacity) for 2005 and beyond 
    will vary annually, monthly, and daily, based on hydrology and other 
    constraints that govern CVP operations. CVP generation is available at 
    generator bus and must be adjusted for project use, maintenance, 
    reserves, transformation losses, and certain ancillary services before 
    a Base Resource is available for marketing. Transmission losses will be 
    pursuant to the terms of a transmission service agreement. The power 
    resources will also be adjusted for First Preference customers as 
    described in this Proposed Plan.
        The following Table provides estimates of CVP power resources and 
    adjustments before any power resources are available to customers 
    beyond 2004:
    
                                 Table A.--Estimated CVP Power Resources and Adjustments                            
    ----------------------------------------------------------------------------------------------------------------
             Power resources/adjustment                                       Range/value                           
    ----------------------------------------------------------------------------------------------------------------
    Annual energy generation....................  2,400,000-8,600,000 MWh.                                          
    Monthly energy generation...................  100,000-1,100,000 MWh.                                            
    Monthly capacity............................  1,100-1,900 MW.                                                   
    Annual project use..........................  670,000-1,670,000 MWh.                                            
    Monthly project use.........................  10,000-180,000 MWh.                                               
    Monthly project use (on peak)...............  30-230 MW.                                                        
    Monthly maintenance.........................  0-300 MW.                                                         
    Reserves....................................  5% of monthly capacity.                                           
    CVP transmission and transformation losses    1.8% (as of 1995).                                                
     from the generator bus to a 230-kV load bus.                                                                   
    ----------------------------------------------------------------------------------------------------------------
    
        All of the power resource adjustments and variables mentioned above 
    will influence the amount of Base Resource available to customers. 
    During some critically dry months, purchases may be required to meet 
    project use and only a minimal amount of Base Resource will be 
    available during such months. The useability of the Base Resource for 
    meeting customers'' loads will be directly related to a customer's 
    ability to integrate this power resource into their power resource mix.
        Western proposes to include any power available from existing power 
    purchase contracts with terms extending beyond 2004 in the Base 
    Resource. Currently, Western has a contract with Portland General 
    Electric Company for 65 MW at a 40 percent minimum load factor that has 
    a final termination date of October 15, 2015.
        Western also proposes to market part of the 3.65 MW available from 
    the Washoe Project with the CVP power resource on an annual basis. 
    Energy from the Washoe Project, which is estimated to be about 10,000 
    MWh annually, is currently being provided to F&WS Lahontan National 
    Fish Hatchery and Marble Bluff Fish Facility. These F&WS facilities are 
    project use loads of the Washoe Project and have first call on the 
    power resources from the Washoe Project. All costs associated with 
    providing F&WS project use service are, by law, nonreimbursable, and 
    are not included in the Washoe Project energy rates. Energy in excess 
    of the F&WS needs will be sold under the Final Plan.
        Western will continue to make every effort to provide the Washoe 
    Project power resource to F&WS. F&WS is currently using approximately 
    50
    
    [[Page 8715]]
    
    percent of Washoe Project generation, and the same percentage of costs 
    is considered nonreimbursable. Western expects that F&WS loads will 
    increase, reducing the amount of power resource to be integrated with 
    the CVP as well as the cost to be repaid from power revenues.
    
    III. Products and Services
    
        Western proposes to market its Base Resource alone or in 
    combination with the option to purchase a Custom Product. The Custom 
    Product will be in addition to the optional purchase described in 
    Section IV.A.2. All costs incurred by Western in providing additional 
    services to customers will be paid by those customers. The degree to 
    which Western continues to purchase power will depend on customer 
    requirements and Federal authorities. All products will be subject to 
    operational requirements and constraints of the CVP, transmission 
    availability, and purchase limitations.
        Each allottee will be allocated a portion of the Base Resource. 
    Following execution of a contract pursuant to the Final Plan, Western 
    will work with each individual allottee to determine the best use of 
    the Base Resource for that allottee. All allottees will be required to 
    commit to the Base Resource no later than December 31, 1999.
        Upon request, Western will develop a Custom Product for any 
    allottee. A Custom Product may include use of the Base Resource as firm 
    power, ancillary services, reserves, etc., or may include Western 
    purchasing additional resources, including firming energy, to provide 
    some of these services. Final commitments to a Custom Product must be 
    made by December 31, 2001, for a period of no less than five (5) years 
    of service. Thereafter, the Custom Product will be offered for periods 
    of one (1) year or more.
        Any unused power resource available will be marketed under terms 
    and conditions and for periods of time determined by Western. Products 
    and services from unused power resources may be made available on a 
    monthly, weekly, daily, hourly, or nonfirm basis.
        Western may offer unused First Preference power, subject to 
    withdrawal on a pro-rata basis, upon six (6) months written notice.
        Western proposes to establish and to manage an exchange program to 
    allow all customers to fully and efficiently use their power 
    allocation. Any power allocated by Western to a customer that cannot be 
    used on a real-time basis due to that customer's load profile must 
    first be offered under this program to other customers or Western. 
    Western will not be obligated to exchange or to purchase any surplus 
    power from the customers on its own behalf. If the surplus power is not 
    exchanged with other customers or purchased by Western under this 
    program, it may be offered to others, giving priority to preference 
    entities.
    
    IV. Proposed Resource Extension and Resource Pool Allocation
    
        On December 31, 2004, Western's long-term CVP power sales contracts 
    for 1,580,230 kilowatts (kW) will expire. This Proposed Plan addresses 
    the eligibility for and allocation of CVP and Washoe Project power 
    after these contracts expire. When allocating power under the Final 
    Plan, Western proposes to apply the principles of the Power Marketing 
    Initiative (PMI) of the Energy Planning and Management Program. In 
    accordance with the PMI, Western proposes to set aside a portion of its 
    available power resource for new allocations. Based on Western's 
    evaluation of potential new loads, Western proposes to initially 
    provide 96 percent of its available power resource to existing 
    customers and to establish a resource pool for new allocations with the 
    remaining 4 percent. An additional incremental resource pool of up to 2 
    percent is proposed for 2014. When calculating the 96 percent resource 
    extension for existing customers, only CRD classified as Extension CRD 
    will be considered. Also, no extensions will be greater than an 
    existing customer's load. Extension CRD amounts are set forth in 
    Appendix A. Contractual extensions to First Preference customers are 
    subject to specific legislation and are addressed in Section VI.
    
    A. Extension for Existing Customers
    
        Western proposes that existing customers will have a right to 
    purchase a percentage of the Base Resource based on the ratio of each 
    existing customer's Extension CRD to the total of all existing 
    customers'' Extension CRD under the terms of this Section. However, for 
    the period from 2005 through 2014, Western is proposing that SMUD will 
    have a right to purchase 360/1,152 of the Base Resource, as referenced 
    in the settlement agreement with SMUD, Contract DE-MS65-83WP59070, 
    dated April 15, 1983. All other existing customers will have a right to 
    purchase the remaining amount of the Base Resource, after it is 
    adjusted to accommodate SMUD's rights and the resource pool. After 
    2014, SMUD's right to purchase the Base Resource will be adjusted to 
    reflect the ratio of SMUD's Extension CRD (currently 361 MW) to the 
    total of all existing customers'' Extension CRD. SMUD's rights will 
    also be adjusted by 4 percent and up to an additional 2 percent to 
    accommodate the resource pool.
        Due to the diversity among existing customers' loads, including 
    SMUD, existing customers' total Extension CRD exceeds the 1,152 MW 
    referenced in the SMUD settlement agreement. Western's proposal will 
    result in SMUD receiving a proportionately greater share of the Base 
    Resource than other existing customers if the total Extension CRD 
    remains at a level greater than 1,152 MW. Therefore, Western is also 
    proposing that through 2014, all existing customers, excluding SMUD, be 
    given the option to have Western purchase an additional increment of 
    power, on a pass-through-cost basis, equal to the amount of power 
    unavailable to them as a result of application of the 360/1,152 ratio. 
    Existing customers must commit to the optional purchase for an annual 
    or greater period.
        After 2014, each existing customer, including SMUD and those 
    customers that receive a new allocation under the Final Plan, will have 
    a right to purchase a pro-rata amount of the Base Resource, adjusted 
    for the incremental resource pool, based on their long-term purchase 
    right to the Base Resource.
        Western proposes the following extension formulas to determine 
    existing customers' purchase right to the Base Resource. Application of 
    these formulas will also determine each existing customer's right to 
    the optional purchase. Examples of the formulas are provided in 
    Appendix B. This calculation may be further adjusted for First 
    Preference customers.
        1. For the period 2005 through 2014, existing customers purchase 
    right to an extension resource will be calculated as follows:
    
    [[Page 8716]]
    
    [GRAPHIC] [TIFF OMITTED] TN26FE97.001
    
    
    Where:
    
    A = Lesser of individual existing customer's Extension CRD as of 
    December 31, 2001; or 104 percent of their maximum demand during CY 
    1997 through 2000. Western reserves the right to adjust the value of 
    ``A'' when it is determined that the maximum demand is not reflective 
    of an existing customer's load.
    B = The sum of all values for ``A''.
    BR = Base Resource available.
    ABR = Adjusted Base Resource
    [GRAPHIC] [TIFF OMITTED] TN26FE97.002
    
    RP% = Resource pool percentage.
    
        2. Existing customer's (excluding SMUD) right to the optional 
    purchase will be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TN26FE97.003
    
    Where:
    
    TOP = Total Optional Purchase
    [GRAPHIC] [TIFF OMITTED] TN26FE97.004
    
    A = Lesser of individual existing customer's Extension CRD as of 
    December 31, 2001; or 104 percent of their maximum demand during CY 
    1997 through 2000. Western reserves the right to adjust the value of 
    ``A'' when it is determined that the maximum demand is not reflective 
    of an existing customer's load.
    B = The sum of all values for ``A''.
    BR = Base Resource available.
    RP% = Resource pool percentage.
    C = The sum of all existing customers', including SMUD, Extension CRD.
    
        Western and SMUD have been negotiating an agreement whereby SMUD 
    would waive its rights to the 360/1,152 ratio in return for additional 
    services through 2004. If such an agreement is reached, these formulas 
    will be appropriately adjusted.
        3. For the period 2015 through 2024, the rights of all existing 
    customers, including SMUD and customers receiving a new allocation from 
    the initial resource pool under the Final Plan, will have a right to a 
    resource extension equal to their pro-rata share of the Base Resource. 
    To determine a customer's pro-rata share, each customer's percentage 
    will first be adjusted based on the change in SMUD's percentage 
    described earlier in this Section. All customers' percentages, 
    including SMUD, will then be adjusted to accommodate the incremental 
    resource pool as determined by Western, up to 2 percent.
    
    B. Resource Pool Allocations:
    
        Western proposes to establish a resource pool by reserving a 
    portion of the power available after 2004 for allocation to eligible 
    new and existing customers. Western will apply the following to 
    determine resource pool allocations.
        1. Resource Pool Amount: The resource pool will initially consist 
    of up to 4 percent of the power resources available after 2004. This 
    power will be subject to the terms and conditions specified in an 
    electric service contract. An incremental resource pool is also 
    proposed in the year 2014. The proposed incremental resource pool will 
    consist of up to 2 percent of the power resources available after 2014, 
    plus a portion of the resource that becomes available from adjusting 
    SMUD's percentage. That portion will be equal to what SMUD would have 
    been required to contribute to the initial resource pool. SMUD will 
    also be subject to the 2 percent resource pool adjustment. Allocations 
    for the incremental resource pool will be determined through a separate 
    public process at a later date.
        Western will, at its discretion, allocate a percentage of the 
    initial resource pool to individual applicants that meet the 
    eligibility criteria. This allocation percentage will be multiplied by 
    the resource pool percentage to determine the applicant's percentage of 
    the power resource. Allocations from the resource pool are separate 
    from the resource extension.
        2. General Eligibility Criteria: The following general eligibility 
    criteria will be applied to all applicants seeking an allocation under 
    the Final Plan.
        a. Applicants must meet the preference requirement under section 
    9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), as 
    amended and supplemented.
        b. Applicants must be located within Sierra Nevada Region's 
    Marketing Area. (Map of Marketing Area available upon request.)
    
    [[Page 8717]]
    
        c. Applicants that require power for their own use must be ready, 
    willing, and able to receive and use Federal power.
        d. Applicants that provide retail electric service must meet the 
    requirements of Section IV.B.2.c above, and must require the power for 
    electric service to their customers, not for resale to others.
        e. Applicants must submit an application in response to the notice 
    calling for applications issued by Western in the Federal Register in 
    conjunction with the Final Plan. That notice will include the deadline 
    for receipt of those applications.
        f. Native American applicants must be a Native American tribe as 
    defined in the Indian Self Determination Act of 1975 (25 U.S.C. 450b, 
    as amended).
        g. Applicants must have a load of 1 MW or greater. Western will 
    normally not allocate amounts less than 1 MW; however, smaller 
    allocations may be considered, provided Western can aggregate the 
    applicant's load with other loads to schedule and deliver an aggregated 
    1 MW.
        3. General Allocation Criteria: The following general allocation 
    criteria will be applied to all applicants seeking an allocation under 
    the Final Plan.
        a. Allocations will be made in amounts as determined solely by 
    Western in exercise of its discretion under Reclamation law.
        b. Allocations under the Final Plan will be available to new 
    qualified applicants and to existing customers whose Extension CRD set 
    forth in Appendix A is not more than 15 percent of their peak load in 
    CY 1996 and not more than 10 MW.
        c. The maximum amount of capacity used to determine a resource pool 
    allocation will be the applicant's peak demand during CY 1996 or the 
    amount requested, whichever is less, rounded up to the nearest 100 kW.
        d. An allottee will have the right to buy power from Western only 
    upon the execution of an electric service contract between Western and 
    the allottee, and satisfaction of all conditions in that contract.
        e. A customer receiving power from the initial resource pool will 
    be subject to the incremental resource pool adjustment in 2014.
    
    V. General Criteria and Contract Principles
    
        Western proposes to apply the following criteria and contract 
    principles to all new and/or existing customers' contracts, except that 
    certain criteria may not apply to First Preference customers' 
    contracts, under the Final Plan:
        A. Electric service contracts shall be executed within six (6) 
    months of a contract offer, unless otherwise agreed to in writing by 
    Western.
        B. Percentages shall be subject to adjustment in the future as 
    provided for in the Final Plan and the electric service contract.
        C. All power supplied by Western will be delivered pursuant to a 
    scheduling arrangement.
        D. All power will be provided on a take-or-pay basis. A commitment 
    must be made to take-or-pay for the service as of the date set forth in 
    the contract. All costs associated with the products and services 
    provided, including ancillary services and optional purchases, will be 
    passed on to the customer(s) using the product or service.
        E. Western will offer a contract amendment to existing customers 
    and a new contract to new allottees to implement the Final Plan. 
    Contract amendments and contracts shall require commitments to the Base 
    Resource by the customer on or before December 31, 1999, and the 
    optional purchase, as well as the Custom Product, on or before December 
    31, 2001. This will allow for power resources and products to be 
    developed prior to final commitment by the customer.
        F. Withdrawable power marketed under the Final Plan will be subject 
    to withdrawal on a pro-rata basis upon six (6) months written notice, 
    as determined by Western.
        G. Upon request, Western shall assist each allottee and existing 
    customer in obtaining third-party transmission arrangements for 
    delivery of power allocated under the Final Plan; nonetheless, each 
    entity is ultimately responsible for obtaining its own delivery 
    arrangements beyond the CVP transmission system.
        H. Contracts entered into under the Final Plan shall provide for 
    Western to furnish electric service effective January 1, 2005 through 
    December 31, 2024.
        I. Specific products and services may be provided for periods of 
    time as agreed to in the electric service contract.
        J. Contracts entered into as a result of the Final Plan shall 
    incorporate Western's standard provisions for power sales contracts, 
    IRP, and GPCP.
        K. Contracts will include a clause that allows Western to reduce or 
    rescind a customer's power from Western upon six (6) months notice if 
    Western determines that the customer is not using this power to serve 
    its own loads, except as otherwise specified in Section III.
        L. Any power not under contract may be allocated by the 
    Administrator at any time, at the Administrator's sole discretion, or 
    sold as deemed appropriate by Western.
        M. Contracts will include a clause providing for Western to adjust 
    the customers' percentage of the resource for the incremental resource 
    pool.
    
    VI. First Preference Entitlement and Allocation
    
        The Trinity River Division Act (69 Stat. 719) and the New Melones 
    Act of the Flood Control Act of 1962 (76 Stat. 1180) specified that 
    contracts for the sale and delivery of the additional electric energy 
    available from the CVP power system as a result of the construction of 
    the plants authorized by these acts and their integration into the CVP 
    system shall be made in accordance with preferences expressed in 
    Federal Reclamation laws. These acts also provided that a first 
    preference of 25 percent of the additional energy shall be given, under 
    Reclamation law, to preference customers in the counties of origin 
    (Trinity and Tuolumne and Calaveras) for use in those counties who are 
    ready, able and willing to enter into contracts for the energy.
        In order to meet the requirements of these acts, Western published 
    the Final Withdrawal Procedures at 51 FR 7702 on March 5, 1986. The 
    Final Plan will supersede the Final Withdrawal Procedures.
        Western proposes to calculate and allocate the Maximum Entitlements 
    of First Preference Customers (MEFPC), which is the maximum amount of 
    energy available to First Preference customers/entities, in accordance 
    with the following:
        A. The MEFPC will be calculated separately for the New Melones 
    Project, Calaveras and Tuolumne counties, and the Trinity River 
    Division, Trinity County, (First Preference Projects), to determine the 
    25 percent of the additional energy made available to the CVP as a 
    result of the construction of each of these projects. Since the acts do 
    not specify the basis for calculating the 25 percent of additional 
    energy, Western proposes that a previous 20-year average historical 
    generation or actual years of data available, whichever time period is 
    less, be used to determine the MEFPC. Based on the most current 
    information available, this calculation would result in an estimated 
    MEFPC of 95,766 MWh available to the CVP as a result of construction of 
    the New Melones Project and an estimated MEFPC of 288,285 MWh available 
    to the CVP as a result of construction of the Trinity River Division. 
    The MEFPC will be
    
    [[Page 8718]]
    
    recalculated every five (5) years, with the initial recalculation 
    pertaining to this Proposed Plan being completed by December 31, 2002.
        B. Upon recalculation, if the MEFPC from a First Preference Project 
    is 10 percent above or below the currently effective MEFPC from that 
    First Preference Project, the MEFPC will be adjusted to reflect that 
    increase or decrease. Western will notify the affected First Preference 
    customer(s) at least six (6) months prior to an adjustment being made 
    to the MEFPC. Upon request, and at its discretion, Western may make 
    purchases necessary to compensate for any power loss experienced by a 
    First Preference customer due to recalculation of the MEFPC. The costs 
    for all purchases made on behalf of a First Preference customer(s) will 
    be passed on to that First Preference customer(s).
        C. An allocation made to a First Preference customer under the 
    Final Plan will be based on the power requirements of that First 
    Preference customer. The sum of allocations, including losses, shall 
    not exceed the MEFPC from each First Preference Project, or a county of 
    origin's share of the MEFPC, except as allowed under Section VI.G 
    below.
        D. Following execution of a contract amendment or contract pursuant 
    to the Final Plan, Western will work with each First Preference 
    customer/entity to identify its power requirements and the best use of 
    the First Preference entitlement for that First Preference customer. 
    Each First Preference customer/entity may elect one of the options set 
    forth below.
        1. Full Requirements: Power requirements (capacity and energy), 
    adjusted for project use and transformation and transmission losses 
    from the generation bus to the First Preference customer delivery 
    point, will be at the Base Resource rates. Western will provide the 
    First Preference customer full requirements up to its right to the 
    MEFPC. Adjustment for transmission losses shall include losses for CVP 
    transmission and third-party transmission. The contract between the 
    First Preference customer and Western will include the appropriate 
    losses and the load factor to be used to calculate the First Preference 
    customer's maximum capacity and energy.
        2. Percentage: A portion of the MEFPC will be converted to a 
    percentage of the Base Resource. This option will be served on a take-
    or-pay basis. Each First Preference customer selecting this percentage 
    allocation option will also be subject to the following:
        a. A commitment to this option must be made no later than December 
    31, 2001. If a commitment is not made by December 31, 2001, the full 
    requirements option will be deemed chosen.
        b. This option will be applied in a manner similar to that of the 
    other customers receiving a power allocation from the CVP.
        c. The percentage allocation made to each First Preference customer 
    under the Final Plan will be applied to the power resource which has 
    been adjusted for project use and transformation and transmission 
    losses from the generation bus to the First Preference customer 
    delivery point, rounded up to the nearest 100 kW. Adjustment for 
    transmission losses shall include losses for CVP transmission and 
    third-party transmission.
        d. The percentage calculation will be based on a First Preference 
    customer's load profile for the most recent 12 months preceding the 
    percentage calculation.
        e. A First Preference customer may request an increase in its 
    percentage allocation by notifying Western in writing at least seven 
    (7) months in advance of the month in which the increase is to become 
    effective (increases in percentages are effective the first day of a 
    month).
        E. A First Preference entity may exercise its rights to use a 
    portion of the MEFPC by providing written notice to Western at least 
    eighteen (18) months prior to the anniversary date of the First 
    Preference Project located in its county. Anniversary date means the 
    successive fifth year anniversary of the date the Secretary of the 
    Interior declared the availability of power from the powerplants in the 
    counties of origin. New applications for services to begin on January 
    1, 2005 under this Proposed Plan must be received eighteen (18) months 
    prior to January 1, 2002 (i.e., July 1, 2000) for Trinity County and 
    eighteen months prior to April 5, 2002 (i.e., October 5, 2000) for 
    Calaveras and Tuolumne counties. Other anniversary years applicable to 
    this Proposed Plan are 2007, 2012, 2017, and 2022.
        F. If the request(s) of First Preference customers/entities for 
    power, including adjustments for project use and losses, becomes 
    greater than the MEFPC from that county's First Preference Project, 
    then Western will allocate the remaining MEFPC to the First Preference 
    customer(s)/entity(ies) first making a request for a power allocation.
        G. Power allocated to First Preference customers/entities in 
    Tuolumne and Calaveras counties will be subject to the following 
    additional conditions:
        1. Tuolumne and Calaveras counties shall each be entitled to one-
    half of the New Melones Project MEFPC.
        2. If First Preference customers in either Tuolumne County or 
    Calaveras County are not using their county's full one-half share, and 
    a First Preference customer/entity in the other county requests power 
    in an amount exceeding that county's one-half share, then Western will 
    allocate the unused power, on a withdrawable basis, to the requesting 
    First Preference customer/entity. Such power may be withdrawn for use 
    by a First Preference customer/entity in the county not using its full 
    one-half share upon six (6) months written notice from Western.
        H. Trinity County is currently the sole recipient of the Trinity 
    River Division's First Preference rights.
        I. For planning purposes, First Preference customers may be 
    required to provide forecasts and other information required by Western 
    as set forth in the electric service contract.
        J. The general criteria and contract principles set forth in 
    Sections V.A, C, and F through J of this Proposed Plan will apply to 
    First Preference customers.
    
    VII. Transmission Service
    
        The Federal Energy Regulatory Commission (FERC) issued two closely 
    related final rules. The first rule, Order No. 888, issued April 24, 
    1996 (Docket Nos. RM95-8-000 and RM94-7-001), requires public utilities 
    owning, controlling, or operating transmission lines to file 
    nondiscriminatory open access tariffs that offer others the same 
    transmission service they provide themselves. The second rule, Order 
    No. 889, issued April 24, 1996 (Docket No. RM95-9-000), requires public 
    utilities to implement standards of conduct and an Open Access Same-
    time Information System (OASIS) to share information about available 
    transmission capacity. Western has agreed to follow the spirit and 
    intent of FERC Orders 888 and 889. Therefore, Western proposes to 
    provide transmission services separately from power services. Sierra 
    Nevada Region's transmission capability will be offered as a separate 
    unbundled service to all preference customers receiving power pursuant 
    to the Final Plan. Each customer will have an option to purchase 
    transmission sufficient to deliver the maximum amount of power it 
    receives under the Final Plan. Surplus transmission will be available 
    to all
    
    [[Page 8719]]
    
    preference customers, as well as to other entities.
    
        Issued in Washington, DC on February 19, 1997.
    Joel K. Bladow,
    Assistant Administrator.
    
                  Appendix A.--Existing Customers' CRD Amounts              
    ------------------------------------------------------------------------
                                                               Extension CRD
                                              CRD \1\ (as of   1 2 (CRD less
               Existing customers              proposed plan  excluded types
                                                publication    of power) 3 4
                                                date) (kW)         (kW)     
    ------------------------------------------------------------------------
    Air Force--Beale........................          21,575          21,575
    Air Force--McClellan....................          12,000          12,000
    Air Force--Onizuka......................           1,500           1,500
    Air Force--Travis.......................          12,651          12,651
    Air Force--Travis / David Grant Medical                                 
     Center.................................           4,000           4,000
    Air Force--Travis Wherry Housing........           1,400           1,400
    Alameda, City of........................          21,145          21,145
    Arvin-Edison Water Storage District.....          30,000          30,000
    Avenal, City of.........................             622             622
    Banta-Carbona Irrigation District.......           3,700           3,700
    Bay Area Rapid Transit District.........           4,000           4,000
    Biggs, City of..........................           4,200           4,200
    Broadview Water District................             500             500
    Byron-Bethany Irrigation District.......           2,200           2,200
    Calaveras Public Power Agency...........           7,000  ..............
    California State University, Sacramento--                               
     Nimbus.................................              40              40
    Castle Joint Powers Authority...........           3,000  ..............
    Cawelo Water District...................             500             500
    Corrections--California State Prison-                                   
     Sacramento.............................           2,300           2,300
    Corrections--Deuel Vocational Institute.           1,700           1,700
    Corrections--Northern California Youth                                  
     Center.................................           1,700           1,700
    Corrections--Sierra Conservation Center.           3,000  ..............
    Corrections--Vacaville Medical Facility.           1,800           1,800
    Defense Logistics Agency--Sharpe                                        
     Facility...............................           4,000           4,000
    Defense Logistics Agency--Tracy Facility           3,800           3,800
    Delano-Earlimart Irrigation District....             987             987
    East Bay Municipal Utility District.....           1,965           1,965
    East Contra Costa Irrigation District...           2,000           2,000
    East Contra Costa Irrigation District,                                  
     P.P. #3................................             500             500
    Energy--Lawrence Berkeley National                                      
     Laboratory.............................          11,000          11,000
    Energy--Lawrence Livermore National                                     
     Laboratory.............................          16,711          16,711
    Energy--Site 300........................           2,500           2,500
    Energy--Stanford Linear Accelerator                                     
     Center.................................          47,403          38,403
    Glenn-Colusa Irrigation District........           3,343           3,343
    Gridley, City of........................           9,400           9,400
    Healdsburg, City of.....................           3,241           3,241
    James Irrigation District...............             987             987
    Kern-Tulare Water District..............             987             987
    Lassen Municipal Utility District.......           3,000           3,000
    Lindsay-Strathmore Irrigation District..             987             987
    Lodi, City of...........................          13,236          13,236
    Lompoc, City of.........................           5,197           5,197
    Lower Tule River Irrigation District....           1,965           1,965
    Modesto Irrigation District.............          10,805          10,805
    NASA--Ames Research Center..............          80,000          80,000
    NASA--Moffett Federal Airfield..........           5,009  ..............
    Navy--Concord Weapons Station...........           2,398           2,398
    Navy--Dixon Radio Station...............             915             915
    Navy--Lemoore Air Station...............          18,000          18,000
    Navy--Mare Island Shipyard..............           6,000           6,000
    Navy--Oakland Army Base.................           2,275           2,275
    Navy--Oakland Supply Center.............           7,000           7,000
    Navy--Stockton Communications Station...           3,700           3,700
    Navy--Treasure Island Station...........           4,000           4,000
    Palo Alto, City of......................         175,000         175,000
    Parks & Recreation, California                                          
     Department of--Folsom..................             100             100
    Parks Reserve Forces Training Area......             500             500
    Patterson Water District................           2,000           2,000
    Plumas-Sierra Rural Electric Cooperative          25,000          25,000
    Provident Irrigation District...........             750             750
    Rag Gulch Water District................             500             500
    Reclamation District 2035...............           1,600           1,600
    
    [[Page 8720]]
    
                                                                            
    Redding, City of........................         116,000         116,000
    Roseville, City of......................          69,000          69,000
    Sacramento Municipal Utility District\5\         361,000         361,000
    Sacramento Municipal Utility District...         100,000  ..............
    San Juan Water District.................           1,000           1,000
    San Luis Water District-Fittje..........           3,250           3,250
    San Luis Water District-Kaljian.........           3,400           3,400
    Santa Clara, City of....................         216,532         136,532
    Santa Clara Valley Water District.......             987             987
    Shasta Lake, City of....................          11,450          11,450
    Sonoma County Water Agency..............           1,500           1,500
    Terra Bella Irrigation District.........             987             987
    Trinity County Public Utilities District          17,000  ..............
    Tuolumne Public Power Agency............           7,000  ..............
    Turlock Irrigation District.............           3,941           3,941
    Ukiah, City of..........................           8,773           8,773
    University of California, Davis.........          14,682          14,682
    West Side Irrigation District...........           2,000           2,000
    West Stanislaus Irrigation District.....           5,200           5,200
    Westlands Water District, Assumed Point                                 
     of Delivery............................           6,684           6,684
    Westlands Water District, Pumping Plant                                 
     #7-1...................................           3,200           3,200
    Westlands Water District, Pumping Plant                                 
     #6-1...................................           1,850           1,850
    Temporarily unallocated NDA Act power...           5,500           5,500
                                             -------------------------------
                                                   1,580,230       1,349,221
    ------------------------------------------------------------------------
    Notes:                                                                  
    \1\ CRD temporarily laid off and reallocated to other existing customers
      is reflected in this Appendix A, under both CRD and Extension CRD, as 
      being returned to the existing customer who received the original     
      allocation.                                                           
    \2\ The Extension CRD will be reduced if an existing customer is not    
      using its full CRD (based on the peak demand experienced during CY    
      1997 through 2000).                                                   
    \3\ Exclusions are Diversity and Curtailable Power, peaking/excess      
      capacity, First Preference entitlements, and NDA Act power not used   
      for military loads.                                                   
    \4\ May be adjusted for conversion from project use power to preference 
      power due to Federal facility transfers to existing project use       
      customers.                                                            
    \5\ Sacramento Municipal Utility District's Extension CRD will be       
      360,000 kW if the 360/1,152 ratio is used for resource extension      
      purposes.                                                             
    
    Appendix B--Examples of Existing Customers' Resource Extension Proposal 
    2005 Through 2014
        Assumptions:
         An existing customer with an Extension CRD of 100 MW.
         Base Resource after 2004 is 1000 MW.
         Sum of all existing customers' Extension CRD is 1,349 MW.
         Initial resource pool is 4%.
         Incremental resource pool is 2%.
         All amounts are rounded.
        1. For the period 2005 through 2014, an existing customer's 
    percentage right to a resource extension will be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TN26FE97.005
    
    Where:
    A=Lessor of individual existing customer's (excluding SMUD) Extension 
    CRD as of December 31, 2001; or 104 percent of their maximum demand 
    during CY 1997 through 2000. Western reserves the right to adjust the 
    value of ``A'' when it is determined that the maximum demand is not 
    reflective of an existing customer's load.
    B=The sum of all values for ``A''.
    BR=Base Resource available.
    ABR=Adjusted Base Resource
    [GRAPHIC] [TIFF OMITTED] TN26FE97.006
    
    
    [[Page 8721]]
    
    
    RP%=Resource pool percentage.
    Calculation:
    SMUD's purchase rights=
        (360/1,152) x BR
        (360/1,152) x 1,000
        0.3125 x 1,000
        312.5 MW
    Existing 100 MW customer's purchase rights=
        (A/B) x ABR
        (100/988) x ABR
        0.101 x 660
        67 MW
    ABR=
        {BR-[(360/1,152) x BR]} x (100%-RP%)
        {1,000-[(360/1,152) x 1,000]} x (100%-4%)
        [1,000-(0.3125 x 1,000)] x 96%
        (1,000-312.5) x 96%
        687.5 x 96%
        660 MW
        2. Existing customer's (excluding SMUD) rights to the optional 
    purchase will be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TN26FE97.007
    
    Where:
    
    A = Lessor of individual existing customer's Extension CRD as of 
    December 31, 2001; or 104 percent of their maximum demand during CY 
    1997 through 2000. Western reserves the right to adjust the value of 
    ``A'' when it is determined that the maximum demand is not reflective 
    of an existing customer's load.
    B = The sum of all values for ``A''.
    C = The sum of all existing customers', including SMUD, Extension CRD.
    BR = Base Resource available.
    RP% = Resource pool percentage.
    TOP = Total optional purchase
    [GRAPHIC] [TIFF OMITTED] TN26FE97.008
    
    Calculation:
    Individual existing 100 MW customer's optional purchase=
        (A/B  x  TOP
        (100/988)  x  TOP
        0.101  x  43.1
        4.4 MW
    TOP=
        {[(360/1,152)-(361/1,349)]  x  BR}  x  (100%-RP%0)
        {[(360/1,152)-(361/1,349)]  x  1,000}  x  (100%-4%)
        [(.3125-0.2676)  x  1,000]  x  96%
        (0.0449  x  1,000)  x  96%
        44.9  x  96%
        43%
    [FR Doc. 97-4695 Filed 2-25-97; 8:45 am]
    BILLING CODE 6450-01-P