[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Notices]
[Pages 41561-41566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20726]
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DEPARTMENT OF ENERGY
Western Area Power Administration
Collections From Central Valley Project Power Contractors to
Carry Out the Restoration, Improvement, and Acquisition of
Environmental Habitat Provisions of the Central Valley Project
Improvement Act of 1992
AGENCY: Western Area Power Administration, DOE.
ACTION: Notice of final procedures.
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SUMMARY: The Western Area Power Administration (Western) is, by
publication of this notice, announcing its final procedures for the
assessment and collection of restoration fund payments from the Central
Valley Project (CVP) power contractors. These final procedures
supersede the procedures published in the Federal Register on April 8,
1994. Western published the proposed procedures in the Federal Register
on April 13, 1998. Included in this notice is a discussion of the
comments on the proposed procedures.
DATES: The final procedures will become effective September 3, 1998 and
will remain in effect until superseded.
ADDRESSES: Information regarding the final procedures, including
comments, letters, and other supporting documents made or kept by
Western to develop these final procedures, is available for public
inspection and copying at Western's Sierra Nevada Customer Service
Region, 114 Parkshore Drive, Folsom, California.
FOR FURTHER INFORMATION CONTACT: Ms. Zola M. Jackson, Power Marketing
Manager, Sierra Nevada Customer Service Region, Western Area Power
[[Page 41562]]
Administration, 114 Parkshore Drive, Folsom, California, 95630-4710,
(916) 353-4421.
SUPPLEMENTARY INFORMATION: Section 3407 of the CVP Improvement Act of
1992 (Act) (Pub. L. 102-575, 106 Stat. 4706, 4726) establishes in the
Treasury of the United States the CVP Restoration Fund (Restoration
Fund) to carry out the habitat restoration, improvement, and
acquisition provisions of the Act. The Act further requires the
Secretary of the Interior to assess and collect annual mitigation and
restoration payments from CVP water and power contractors (Restoration
Payments). The Secretary of the Interior, through the Bureau of
Reclamation (Reclamation), is responsible for determining and
collecting the CVP water and power contractors' shares of the annual
total restoration payment obligation.
Western is responsible for the marketing and transmission of CVP
power. Western has agreed to administer the assessment and collection
of the Restoration Payments from CVP power contractors. Western has
executed a letter of agreement with Reclamation to establish procedures
for depositing the collections from CVP power contractors into the
Restoration Fund.
Western will assess the annual power restoration payment
obligation, determined by Reclamation, to CVP power contractors.
Western will issue a monthly Restoration Fund Bill to each CVP power
contractor. This bill will reflect the amount the CVP power contractor
must pay into the Restoration Fund. The CVP power contractor pays that
amount to Western, who will transfer all amounts collected from CVP
power contractors to Reclamation for deposit into the Restoration Fund.
Western published final procedures in the Federal Register on April
8, 1994 (59 FR 16801). Those procedures provided that Western review
the procedures if an apparent inequity in the assessment method is
discovered. An apparent inequity was discovered and Western initiated
the public process to replace the procedures.
Public Notice and Comment
Summarized below is the process Western used to ensure involvement
of interested parties in the development of the final procedures for
the assessment and collection of Restoration Fund payments from CVP
power contractors.
1. Western published a notice in the Federal Register (63 FR 18005)
on April 13, 1998. This notice officially announced the proposed
procedures, initiated the public consultation and comment period, and
announced the public information and comment forums.
2. Western sent letters on April 16, 1998, to all CVP preference
customers and interested parties transmitting the Federal Register
notice dated April 13, 1998, and announcing the times and locations for
the two public forums.
3. Western held the public information and comment forums on April
29, 1998, at its Sierra Nevada Customer Service Region in Folsom,
California. At the public information forum, Western explained the
proposed procedures, detailed a proposed option, and answered
questions. Western held the public comment forum after the public
information forum, to give the public the opportunity to comment for
the record. Two representatives made oral comments.
4. Western mailed letters to all CVP preference customers and
interested parties on May 1, 1998, informing them of the information
provided at the April 29, 1998, public information forum. The
information contained a description of the option that Western was
offering for public comment.
5. Western received four comment letters during the public
consultation and comment period. Western reviewed and considered all
comments received by the end of the public consultation and comment
period, May 13, 1998, in developing the final procedures.
Western received written comments from the following organizations:
Ecosystem Management International, Inc. (Arizona)
Trinity County Public Utilities District (California)
Sacramento Municipal Utility District (California)
City of Redding (California)
Representatives of the following organizations made oral comments:
Sacramento Municipal Utility District (California)
U.S. Bureau of Reclamation, Mid-Pacific Region (California)
Summarized below are the paraphrased comments Western received and
Western's responses to those comments. Western used specific comments
for clarification where necessary.
A. Alternative Method for Assessing the Annual Power Restoration
Payment Obligation (PRPO)
Comment: The alternative method should be the primary method for
assessing the annual PRPO and the other proposed method in the Federal
Register (63 FR 18005) notice of April 13, 1998, should be the
alternative method.
Response: The commentator did not provide sufficient justification
for changing Western's proposal. Furthermore, Western presented the
alternative method, as proposed in the Federal Register notice of April
13, 1998, to various CVP power contractors at customer meetings. The
resulting consensus from these meetings was that there is not enough
general support for making the alternative method the primary method.
Western will continue to offer the alternative method as an option for
assessing the annual PRPO.
Comment: Including an alternative method for assessing the annual
PRPO in the procedures is encouraging. The alternative method should
give CVP contractors a method to average the payments over the entire
year without significant changes caused by large midyear adjustments.
Response: Western agrees with the comment to offer the alternative
method as an option for assessing the annual PRPO. Under the
alternative method, Western determines the CVP power contractor's
Restoration Fund payment amount monthly by prorating the CVP power
contractor's share of the annual PRPO based on the CVP power
contractor's forecasted or prior year's power purchases. CVP power
contractors who prefer the alternative method must notify Western in
writing before August 31, 1998.
B. Option That Changes the Assessment Year Period and the Assessment
Month
Comment: The information presented on the option at the public
information forum and as provided in Western's letter dated May 1,
1998, lacked the necessary supporting historical load data to support
the advantage of moving the month when assessments are made and then
billed. The commentator is not opposed to moving the month when
assessments are made and then billed, if Western can provide supporting
details showing that this better balances the capacity and energy usage
on a percentage basis for each customer group for the first 6 months of
the assessment year.
Response: Western's May 1, 1998, letter offered to provide
additional information on the option if requested. The supporting data
for this option is part of the record and is available for review. The
supporting data shows that this method better balances the capacity and
energy usage.
C. Assessing the Annual PRPO Based on a Percentage Split of 50 Percent
to Capacity and 50 Percent to Energy
Comment: Western should present an analysis of using a 40/60, a 60/
40, and
[[Page 41563]]
a 50/50 percent split of the PRPO, as well as any other percentage
combinations that they see as necessary for evaluating the sharing of
the PRPO to capacity and energy. The commentator believes an analysis
of how the PRPO is shared by different customer groups for different
combinations of capacity and energy, over a projected 5-year period (or
based on historical capacity and energy sales data for the last 5
years), would help justify Western's decision to continue to use a 50/
50 percent split between capacity and energy sales.
Response: Western reviewed the procedure in assessing the annual
PRPO based on a percentage split of 50 percent to capacity and 50
percent to energy. Western believes that continuing to assess the
annual PRPO based on this 50/50 percentage split would reflect the
actual percentage split used. Western performed an analysis with CVP
power contractors' historical capacity and energy amounts, delivered or
scheduled with Western, for Fiscal Year (FY) 1994 (when assessment and
collection of restoration fund payments began) through FY 1996
(complete data for FY 1997 was unavailable at the time). The results of
this analysis showed that the historical average capacity and energy
percentage splits were close to a 50/50 basis. Western presented these
results to various CVP power contractors at customer meetings. The
consensus from these meetings recommended that Western continue to use
the procedure in assessing 50 percent of the annual PRPO to capacity
and 50 percent to energy. Furthermore, the 50/50 percent split is
consistent with the recent CVP rate adjustment proceeding, in which
Western's cost of the CVP power generation was allocated 50 percent to
capacity and 50 percent to energy. The analysis is part of the record
and is available for review.
D. Adjustment to the Annual PRPO
Comment: Some advantages may exist in lowering the proposed 25
percent deviation figure used to determine if adjustments are needed to
the capacity and energy multipliers. A benchmark in the range of 10 to
15 percent is suggested. The lower figure would reduce the risk of how
carryover funds will be treated for the over collected situations and
would reduce the burden for makeup payments in a following year for the
under collected situations.
Response: Western evaluated the issue and agrees with the comment.
As a result, Western is including a 15 percent greater or less
benchmark figure to determine if adjustments are needed to the capacity
and energy multipliers, in the final procedures.
E. Other Comments
Comment: An inequity will continue to exist if the procedures are
adopted as published in the Federal Register notice of April 13, 1998.
The legislative authority to construct the Trinity River Division (TRD)
included provisions to mitigate the resulting local economic and
environmental impacts. However, those provisions have not come close to
compensating the people of Trinity County for the TRD's impacts. Yet
the TRD has provided tremendous benefits to the Central Valley,
including reducing the environmental losses to the Central Valley's
ecosystem. Contributions to the Restoration Fund mean that the people
of Trinity County pay twice to restore the Central Valley's ecosystem.
This is clearly an inequity that Western could end by exempting Trinity
County from further Restoration Fund charges. The CVP Improvement Act
of 1992 provides Western significant discretion on how to allocate the
cost of the Restoration Fund among its contractors. The commentator
urges Western to use this discretion to limit Restoration Fund payments
to those who have benefited from the ecological losses.
Response: Western analyzed the CVP Improvement Act of 1992
regarding the assessment of the Restoration Fund's cost, and similar
costs under other related legislation affecting CVP power contractors.
Western has discretion in how the Restoration Fund's cost that is
assessed to power is allocated. Western also analyzed Trinity County's
contribution toward the restoration programs compared to contributions
made by other CVP power contractors. Western concluded from this
analysis that Trinity County may, at times, be paying a greater share
of the costs for these restoration programs. Based on these findings,
it is appropriate to adjust the amounts of Restoration Fund payments
assessed to Trinity County by prospectively applying a credit to the
monthly Restoration Fund bills for Trinity County. The amount and
timing of the credits will be determined by Western and set forth in an
agreement with Trinity County. The credit will not be greater than
Trinity County's share of the PRPO.
Comment: How much revenue has been transferred to the Bureau of
Reclamation under the aegis of the CVP Improvement Act since 1993? What
rate was charged to the power contractors for the actual capacity and
energy for 1993 through 1997? Has the addition of the Restoration Fund
caused the repayment period for the CVP to be extended? What percentage
of the total revenues does the Restoration Fund represent? Is it 1
percent of the total revenue or larger?
Response: Western provided the data requested by the commentator.
The data is part of the record and is available for review.
Comment: The commentator requested that Western clarify the
statement found in the Federal Register notice of April 13, 1998, that
any balances remaining on the CVP power contractor's Restoration Fund
bill(s) must be paid in full by the thirtieth (30th) of September for
each assessment year. Western should state that September 30 is the
last day for Western to transfer all Restoration Fund payments received
from CVP power contractors to Reclamation for deposit into the
Restoration Fund. The clarification is requested to ensure that the
reference date of September 30 is not confused with the actual due date
for Restoration Fund Bills.
Response: Western agrees with the comment and has clarified this
statement in the final procedures.
Changes to Proposed Procedures
Western considered all comments received during the 30-day public
consultation and comment period and has made changes to the proposed
procedures. While the decisions outlined in the final procedures may
not reflect a consensus on every issue, Western believes the final
procedures to be an equitable distribution of the total restoration
payment obligation among the CVP power contractors. The final
procedures will provide the mechanism required to assess and collect an
amount that is reasonably expected to equal the amount allocated to
power by Reclamation.
Under the proposed procedures, the assessment month was defined as
the service month 1 month prior to the billing month. The assessment
year was defined as the period that uses the service months from August
1 through July 31 for which CVP power contractors will be billed for
Restoration Payments. These definitions have been changed. In the final
procedures, the assessment month is defined as the service month which
is 3 months prior to the billing month, and the assessment year is
defined as the period that uses the service months from June 1 through
May 31 for which CVP power contractors will be billed Restoration
Payments.
The proposed procedures provided for a midyear adjustment period.
If the actual payment amounts are 25 percent
[[Page 41564]]
greater or less than projected, Western would adjust the capacity and
energy multipliers for the remaining months of the subject assessment
year. The 25 percent deviation amount has been changed to 15 percent.
The proposed procedures included a reviewing process for Western to
review the procedures every 5 years, or if one of three provisions
occurs. The final procedures added another provision in which Western
will review the procedures if any significant change occurs that
affects the procedures.
Final Procedures
A. Acronyms and Definitions
As used herein, the following acronyms and definitions when used
with initial capitalization, whether singular or plural, will have the
following meanings:
Administrator: The Administrator of the Western Area Power
Administration.
Assessment Month: The service month, which is 3 months prior to the
Billing Month.
Assessment Year: The period that uses the service months from June
1 through May 31 for which CVP Power Contractors will be billed
Restoration Payments.
Billing Month: The month CVP Power Contractors will be billed for
the Restoration Payments.
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.
CVP Improvement Act of 1992 (Act): Title 34 of Public Law 102-575,
106 Stat. 4706, et seq. A legislative act, which was enacted on October
30, 1992, and defines provisions for habitat restoration, improvement
and acquisition, and other fish and wildlife restoration activities in
the CVP area of California.
DOE: United States Department of Energy.
Fiscal Year (FY): The year which begins October 1 and ends
September 30.
Interior: United States Department of the Interior.
kW: Kilowatt, the electrical unit of capacity that equals 1,000
watts.
kWh: Kilowatt-hour, the electrical unit of energy that equals the
generation of 1,000 watts over 1 hour.
Letter of Agreement: Letter of Agreement No. 93-SAO-10156, a
written agreement between Reclamation and Western that established
procedures to deposit the Restoration Payments collected from CVP Power
Contractors into the Restoration Fund.
Load Adjustment(s): The adjustment(s) to CVP Power Contractors'
forecasted monthly capacity and energy purchases from Western as
determined by Western based on CVP Power Contractors' actual capacity
and energy amounts delivered by or scheduled with Western.
Midyear Adjustment: The adjustment to the annual Power Restoration
Payment Obligation as determined by Reclamation on or about April 1 of
the Assessment Year.
Power: Capacity and energy.
Power Contractor: An entity purchasing firm capacity and/or energy
from Western for a period in excess of 1 year.
Power Restoration Payment Obligation (PRPO): The portion of the
Total Restoration Payment Obligation calculated and assigned annually
to CVP Power Contractors by Reclamation.
Reclamation: United States Department of the Interior, Bureau of
Reclamation.
Restoration Fund: The CVP Restoration Fund, established by Section
3407 of the Act, into which revenues provided by the Act are deposited,
and from which funds are used by the Secretary to carry out the habitat
restoration, improvement and acquisition provisions of the Act.
Restoration Fund Bill(s): The instrument prepared and issued
monthly by Western as a mechanism for collecting the Restoration
Payments from CVP Power Contractors.
Restoration Payment(s): The amount(s) recorded as payable on CVP
Power Contractors' Restoration Fund Bills.
Secretary: Secretary of Energy.
Total Restoration Payment Obligation: The total amount of payments
to be collected from the CVP water and power contractors, calculated
annually by Reclamation.
Western: United States Department of Energy, Western Area Power
Administration.
B. Determination of the Power Restoration Payment Obligation (PRPO)
Reclamation is responsible for determining the annual PRPO for CVP
Power Contractors. Prior to each Assessment Year, on or about July 1,
Reclamation will, by letter, provide to Western's Regional Manager of
the Sierra Nevada Customer Service Region the amount determined to be
the PRPO and a detailed explanation of the computation of the amount
for the upcoming Assessment Year. Upon receiving this letter from
Reclamation, Western's Sierra Nevada Customer Service Region will
notify each CVP Power Contractor of the annual PRPO, the capacity and
energy multipliers for the Assessment Year, and for CVP Power
Contractors choosing the alternative method for assessing the annual
PRPO, the resulting monthly Restoration Payment amount. An adjustment
to the annual PRPO may be accomplished through the Midyear Adjustment
determined by Reclamation.
C. Assessing the PRPO
For each Assessment Year, Western will prorate the annual PRPO to
actual capacity and energy amounts delivered by or scheduled with
Western for each CVP Power Contractor. Western will assess 50 percent
of the annual PRPO to capacity and 50 percent to energy. Western will
determine a capacity multiplier and an energy multiplier using
projected Power sales based on CVP Power Contractors' forecasts and/or
prior year's total capacity and energy amounts delivered or scheduled
to all CVP Power Contractors. Prior to July 1, when Western receives
Reclamation's letter for the annual PRPO, and beginning with the FY
2000 Assessment Year, Western will request each CVP Power Contractor to
submit to Western its forecasted monthly capacity and energy purchases
from Western. The CVP Power Contractor's forecast will be for June 1
through May 31 of the subject Assessment Year. If the CVP Power
Contractor does not submit a forecast of monthly capacity and energy
purchases, Western will use the CVP Power Contractor's prior year's
(June 1 through May 31) actual capacity and energy amounts delivered or
scheduled, with adjustments Western may deem appropriate, as the
projected Power sales used for the subject Assessment Year.
The annual PRPO for the subject Assessment Year to be prorated to
capacity will be divided by Western's projected capacity sales to
determine the capacity multiplier. The same process will be repeated
using the annual PRPO prorated to energy divided by Western's projected
energy sales to determine the energy multiplier. For the FY 1999
Assessment Year, Western will determine the capacity and energy
multipliers based on actual capacity and energy amounts delivered or
scheduled (with appropriate adjustments) to all CVP Power Contractors
during the period from June 1, 1997, through May 31, 1998.
During each Assessment Month of the subject Assessment Year, these
capacity and energy multipliers will be applied to each CVP Power
Contractor's actual
[[Page 41565]]
capacity and energy amounts delivered by or scheduled with Western to
determine the CVP Power Contractor's Restoration Payment, unless the
alternative method for assessing the PRPO is used. Each CVP Power
Contractor will be billed monthly for its individual Restoration
Payment.
D. Alternative Method for Assessing the PRPO
As an alternative method to the assessment method described above
and if requested by the CVP Power Contractor, Western will determine
the CVP Power Contractor's monthly Restoration Payments as equal
monthly payment amounts, as adjusted, for the subject Assessment Year.
The monthly Restoration Payment amounts will be based on the CVP Power
Contractor's forecasted or prior year's actual capacity and energy
amounts delivered by or scheduled with Western.
Under this alternative method, for each Assessment Year, Western
will prorate the annual PRPO based on the CVP Power Contractor's
forecasted or prior year's monthly capacity and energy purchases from
Western. Western will determine the CVP Power Contractor's monthly
Restoration Payment amount by multiplying the CVP Power Contractor's
total forecasted or prior year's capacity purchases by the capacity
multiplier determined by Western, and repeating the calculation for
energy using the energy multiplier. Western will sum the resulting
capacity and energy calculations and then divide by 12 to determine the
monthly Restoration Payment amount. The CVP Power Contractor will be
billed monthly for its individual Restoration Payment.
CVP Power Contractors who prefer this alternative method for
assessing the annual PRPO must notify Western in writing prior to
August 31, 1998. Once the CVP Power Contractor elects this alternative
method, the method will remain in effect unless otherwise mutually
agreed by Western and the CVP Power Contractor.
E. Collection of CVP Power Contractors' Restoration Fund Bills
Each CVP Power Contractor will receive a Restoration Fund Bill on
or about the twenty-fifth (25th), but no later than the last day of the
month for each month designating the amount payable. The Restoration
Fund billing cycle will begin in the month of September for each
Assessment Year.
If the Restoration Fund billing is suspended for a time, Western's
Sierra Nevada Customer Service Region will notify all CVP Power
Contractors as soon as possible. Suspension of billing may occur to
avoid overpayment on the annual PRPO.
F. Payment Due Date
All CVP Power Contractors' Restoration Payments are due and payable
by CVP Power Contractors before the close of business on the twentieth
(20th) calendar day after the date of the issuance of each Restoration
Fund Bill or the next business day thereafter if said day is a
Saturday, Sunday, or Federal holiday.
G. Late Payment Charges Assessed to Delinquent Restoration Payments
Restoration Fund Bills not paid in full by the CVP Power
Contractor(s) by the due date as specified above will be assessed a
late payment charge of five hundredths percent (0.05%) of the principal
amount unpaid for each day payment is delinquent, to be added until the
amount due is paid in full. Payments received will be first applied to
the charges for the late payment assessed on the principal and then to
the payment of the principal.
H. Deposit of CVP Power Contractors' Restoration Payments into the
Restoration Fund
On or about the twenty-first (21st) calendar day of the month
following each Billing Month, Western will transfer all of the
Restoration Payments received from CVP Power Contractors, including
late payment charges, to Reclamation for deposit into the Restoration
Fund. The thirtieth (30th) of September of each subject Assessment
Year, is the last day Western is allowed to transfer Restoration
Payments, including late payment charges, to Reclamation for deposit
into the Restoration Fund.
I. Adjustment to the PRPO
There are two types of adjustments that can be made relative to
each Assessment Year's annual PRPO, a Midyear Adjustment determined by
Reclamation and Load Adjustments determined by Western. Reclamation
will notify Western, in writing, of the Midyear Adjustment. Upon
receiving Reclamation's written notification, Western will notify each
CVP Power Contractor of the Midyear Adjustment to the annual PRPO and
any adjustments to capacity and energy multipliers for the remaining
months of the subject Assessment Year.
The Midyear Adjustment is determined by Reclamation and occurs on
or about April 1 of the subject Assessment Year, following
Reclamation's annual determination of available CVP water supply for
the year. This adjustment applies to the annual PRPO and is based on
hydrological conditions and Reclamation's most recently available
forecast of CVP water deliveries to the CVP water contractors
applicable to the subject Assessment Year. Upon receiving Reclamation's
notification, Western may adjust the capacity and energy multipliers as
appropriate to coincide with the adjusted annual PRPO.
During the Midyear Adjustment period, Western will also review the
Restoration Payments from the CVP Power Contractors received thus far
for the subject Assessment Year. If the actual payment amounts are 15
percent greater or less than projected, Western may adjust the capacity
and energy multipliers for the remaining Billing Months of the subject
Assessment Year. Beginning with the Assessment Month of January and
continuing throughout the remaining Billing Months of the subject
Assessment Year, the adjusted multipliers will be applied to each CVP
Power Contractor's actual capacity and energy amounts delivered by or
scheduled with Western.
For the alternative method for assessing the PRPO, Load
Adjustment(s), determined by Western, will be evaluated quarterly
during the subject Assessment Year for each CVP Power Contractor.
Western will compare the CVP Power Contractor's forecasted capacity and
energy amounts to the actual capacity and energy amounts delivered by
or scheduled with Western during the subject Assessment Year. If, in
Western's judgment, the difference would significantly impact other CVP
Power Contractors, Western will adjust the CVP Power Contractor's
forecasted capacity and energy amounts to align with actual load data.
This adjustment will result in a change to the CVP Power Contractor's
monthly Restoration Payment amount. Western will notify the CVP Power
Contractor(s) of any Load Adjustment(s) and the resulting change(s) to
the monthly Restoration Payment amount prior to any adjustments.
To the extent practicable, for those CVP Power Contractors choosing
the alternative method for assessing the PRPO, Western will also make
Load Adjustment(s) during the last quarter of the subject Assessment
Year to ensure that the CVP Power Contractor's total annual Restoration
Payment amount is equal to the amount the CVP Power Contractor would
have paid if billing had been based on actual capacity and energy
amounts delivered by or scheduled with Western. Any balances remaining
on the CVP Power Contractor's Restoration Fund Bill(s)
[[Page 41566]]
must be paid in full by the September due date for each Assessment
Year.
All other deviations, in the amounts collected or assessed relative
to the annual PRPO, will be rolled into the following Assessment Year.
The rolled over amount will be added or subtracted from the PRPO amount
to be assessed in that year to the CVP Power Contractor(s).
J. Review Process
Western will review the procedures for the assessment and
collection of the Restoration Payments from CVP Power Contractors every
5 years, or if one of the following occurs: (1) If there is a
significant change to or suspension of the legislation; (2) if a
material issue arises; (3) if an apparent inequity in the procedures is
discovered; or (4) if any significant change occurs that affects the
procedures.
Availability of Information
All studies, comments, letters, memoranda, or other documents made
or kept by Western for developing the final procedures, are and will be
made available for inspection and copying at Western's Sierra Nevada
Customer Service Region, located at 114 Parkshore Drive, Folsom,
California.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.)
requires Federal agencies to perform a regulatory flexibility analysis
if a final rule is likely to have a significant economic impact on a
substantial number of small entities and there is a legal requirement
to issue a general notice of proposed rulemaking. Western has
determined that this action does not require a Regulatory Flexibility
analysis since it is a rulemaking of particular applicability involving
rates or services applicable to public property.
Environmental Compliance
In compliance with the National Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321, et seq.); the Council on Environmental Quality
Regulations for implementing NEPA (40 CFR parts 1500 through 1508); and
the DOE NEPAImplementing Procedures and Guidelines (10 CFR part 1021),
Western has determined that this action is categorically excluded from
the preparation of an environmental assessment or an environmental
impact statement (10 CFR part 1021 Appendix A-5 and A-6).
Review Under Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501, et seq.), Western has received approval from the Office of
Management and Budget for the collection of information in this rule,
under control number 1910-1200.
Determination Under Executive Order 12866
Western has an exemption from centralized regulatory review under
Executive Order 12866; accordingly, no clearance of this notice by
Office of Management and Budget is required.
Small Business Regulatory Enforcement Fairness Act
Western has determined that this rule is exempt from Congressional
notification requirements under 5 U.S.C. 801 because the action is
rulemaking of particular applicability relating to rates or services
and involves matters of procedure.
Michael S. Hacskaylo,
Administrator.
[FR Doc. 98-20726 Filed 8-3-98; 8:45 am]
BILLING CODE 6450-01-P
