[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Notices]
[Pages 41142-41147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20078]
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DEPARTMENT OF ENERGY
Western Area Power Administration
Final Power Allocation Procedures of the Post-2000 Resource
Pool--Pick-Sloan Missouri Basin Program, Eastern Division
AGENCY: Western Area Power Administration, DOE.
ACTION: Notice of final procedures.
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SUMMARY: Western Area Power Administration (Western), a Federal power
marketing agency of the Department of Energy, hereby announces its Post
2000 Resource Pool Allocation Procedures to fulfill the requirements of
Subpart C--Power Marketing Initiative of the Energy Planning and
Management Program Final Rule, 10 CFR 905, published at 60 FR 54151.
The Post 2000 Resource Pool Allocation Procedures are Western's
implementation of Subpart C--Power Marketing Initiative of the Energy
Planning and Management Program Final Rule. Western's proposed
procedures were published in the Federal Register at 61 FR 2817,
January 29, 1996 and revised and clarified in the Federal Register at
61 FR 28574, June 5, 1996. Responses to public comments received
pertaining to the proposed procedures are included in this notice.
DATES: The Post 2000 Resource Pool Allocation Procedures will become
effective 30 days from the date of publication of this notice, and will
remain in effect until December 31, 2020.
ADDRESSES: Information regarding the Post 2000 Resource Pool Allocation
Procedures, including comments, letters, and other supporting documents
made or kept by Western for the purpose of developing the final
procedures, are available for public inspection and copying at the
Upper Great Plains Customer Service Region, Western Area Power
Administration, located at 2900 4th Avenue North, P.O. Box 35800,
Billings, MT 59107-5800.
SUPPLEMENTARY INFORMATION: Western published a notice of proposed
procedures on January 29, 1996, to implement Subpart C--Power Marketing
Initiative of the Energy Planning and Management Program Final Rule, 10
CFR 905, published at 60 FR 54151 in the Federal Register. The Energy
Planning and Management Program (Program), which was developed in part
to implement section 114 of the Energy Policy Act of 1992, became
effective on November 20, 1995. Subpart C of the Program provides for
the establishment of project-specific resource pools and the allocation
of power from these pools to new preference customers. Those proposed
procedures, in conjunction with the Eastern Division, Pick-Sloan
Missouri Basin Program Final Post-1985 Marketing Plan (Post-1985
Marketing Plan) (45 FR 71860) will establish the framework for
allocating power from the resource pool to be established for the Pick-
Sloan Missouri Basin Program--Eastern Division (P-SMBP-ED).
Western held public information and comment forums on the proposed
procedures on February 14, 15, and 16, 1996, to accept oral and written
comments on the proposed procedures and call for applications. The
initial formal comment period ended March 4, 1996. On March 8, 1996,
Western published a notice to extend the time that written comments and
applicant profile data could be submitted until April 8, 1996. On June
5, 1996, in the Federal Register at 61 FR 28574, Western published a
30-day notice to respond to comments regarding Section III, General
Allocation Criteria, Paragraph E, to clarify the Post 2000 Resource
Pool Allocation Procedures in order to fulfill the intent of the
Program and called for additional applications.
The Post 2000 Resource Pool Allocation Procedures set forth in this
Federal Register notice will explain in detail how Western intends to
implement Subpart C of the Power Marketing Initiative of the Energy
Planning and Management Program Final Rule in the P-SMBP-ED.
Response to Customer Comments Regarding Post 2000 Resource Pool
Allocation Procedures
I. Amount of Pool Resources
Western proposed to allocate 4 percent of the P-SMBP-ED long-term
firm hydroelectric resource available as of January 1, 2001, as firm
power as provided for by the Program.
Comment: We received several comments from Native American tribes
expressing great disappointment in the size (4 percent) of the resource
pool. It is their belief that the pool is not large enough to serve 100
percent of their current and future electrical needs. One comment
suggested that the amount of power available in the resource pool will
not be sufficient to meet Native American demand on January 1, 2001.
Response: The 4 percent resource pool was derived from the Program,
and therefore the size of the pool is outside this process. Two future
1 percent resource pools were also identified as part of the Program
and allocations from these future resource pools will be dealt with in
future public processes.
[[Page 41143]]
II. General Eligibility Criteria
Western proposes to apply general eligibility criteria to
applicants seeking an allocation of firm power under the proposed Post-
2000 Resource Pool Allocation Procedures.
Comment: Western received several comments suggesting that if a
Native American tribe establishes a utility and applies for an
allocation from Western, they should be considered under utility
applicant status, not as a Native American tribe applicant.
Response: If a Native American tribe makes application under this
process as a utility applicant, Western would consider the application
under utility applicant criteria.
Comment: Western received comments regarding the date for setting
up utility status. One comment suggested that section II.E. should be
written as follows: ``qualified utility and Native American applicants
must have achieved operating utility status by December 31, 1995.''
Other comments suggested the deadline for achieving utility status be
extended to June 1, 1997 or possibly later.
Response: The date for achieving utility status was determined by
the Program. To be eligible to apply for power available from the
resource pool, those entities that desire to purchase Western power for
resale to consumers, must have attained utility status by December 31,
1996. Section 905.35, Paragraph (c) of Subpart C, Power Marketing
Initiative, of 60 FR 54151 states that: All potential new customers,
except Native American tribes, must be ready, willing, and able to
receive and distribute or use power from Western. Ready, willing, and
able means that (1) the potential customer has the facilities needed
for the receipt of power or has made the necessary arrangements for
transmission and/or distribution service, (2) the potential customer's
power supply contract with third parties permit the delivery of
Western's power, and (3) metering, scheduling, and billing arrangements
are in place.
Comment: Several comments expressed support for the use of the
Indian Self-Determination Act (Act) to determine eligibility of Native
American tribe applicants.
Response: The allocation procedures use the Act to determine
whether or not an applicant is a qualified Native American applicant.
Use of the Act to make these decisions was first used in the Program
final rule. Because these allocation procedures will be used in
allocating the resource pool created by those regulations, Western used
the same definition in this process.
III. General Allocation Criteria
Western proposes to apply general allocation criteria to applicants
seeking an allocation of firm power under the proposed Post 2000
Resource Pool Allocation Procedures.
Comment: One comment suggested that the 5,000 kW limitation on new
allocations should apply to all applicants, one comment suggested that
the limitation should not apply to Native American tribes and another
comment suggested the maximum amount be increased to 6,000 kW.
Response: The Post 1985 Marketing Criteria established the 5,000 kW
limitation referenced in the allocation criteria. This limitation does
not apply to Native American tribe applicants. The 5,000 kW limit was
placed in the Post 1985 Marketing Plan to ensure that the sale of P-
SMBP-ED power would benefit a wide class of users which is consistent
with Federal Reclamation Law.
Comment: A comment was made that Native American tribes should have
priority status in any allocations that are being made.
Response: The preference clause only provides that public entities
be given preference over private entities in the marketing of power
from Federal reclamation projects. There are no preference entities
which have greater privileges than another. Western has always
considered Native American tribes to be preference customers, and in
response to comments received during the Program public process,
Western has changed its policy of requiring that Native American tribes
achieve utility status prior to receiving an allocation.
Comment: Western received many comments on how Native American
loads should be determined. Many stated that Western should develop a
standard method for determining Native American loads and apply that
method to all Native American tribe applicants. Others advocated using
actual tribal loads on the reservation.
Response: A variety of methods of load estimation were submitted by
Native American tribes. Western accepted load estimates developed by
the Native American tribes. Inconsistent estimates will be adjusted by
Western. The proposed allocations developed from these load estimates
will be published in a subsequent Federal Register notice.
Comment: Western received comments on the issue of off-reservation
use of Native American tribe allocations. The majority of the comments
supported use of allocations by qualified Native American tribe
applicants on the reservation only. Others supported off-reservation
use under certain circumstances. In particular, several comments
advocated off-reservation use for the Turtle Mountain Tribe.
Response: Off-reservation use of Native American tribe allocations
under certain circumstances as determined by Western was allowed for in
60 FR 54151. The circumstances under which off-reservation use of a
Native American tribe allocation will be allowed will be determined by
Western on a case-by-case basis after final allocations are made.
Comment: Western received comments that Native American tribes are
already receiving benefits of Federal hydropower through the
cooperatives that serve them and these benefits need to be considered
when Western makes allocations to Native American tribes so they do not
receive more than 100 percent of their current electrical requirements.
Response: Western understands that some Native American tribes are
already receiving the benefits of Federal hydropower through the
cooperatives that serve them. However, the methodology for determining
Native American tribal allocations will be set forth in a subsequent
future Federal Register notice. Therefore, this comment will be
addressed in that notice.
Comment: Western received many comments on the proposal to adjust
utility and nonutility applicants' loads using Mid-Continent Area Power
Pool data trends. Some comments stated that actual 1979-80 data should
be used. Others stated that unadjusted 1994-95 data should be used. One
comment suggested basing allocations on load data from November 1994
through October 1995.
Response: As revised and clarified in the Federal Register at 61 FR
28574, June 5, 1996, Western will use actual unadjusted load data from
May 1994 through April 1995 to determine utility applicants'
allocations. Western agrees with the numerous comments that using Mid-
Continent Area Power Pool data trends to adjust utility applicants'
loads would unfairly penalize those applicants who had little or no
load growth between 1979 and 1995.
Comment: Western received a comment to consider a reallocation
based on a percentage to all customers should there be over 5 MW of
firm power not under contract subsequent to the closing date for
executing firm power contracts.
Response: As stated in the Final Post 2000 Resource Pool Allocation
[[Page 41144]]
Procedures section III.H below, Western, at its discretion, reserves
the right to determine usage of firm power not under contract.
Comment: Western received comments that support Western's proposal
to dissolve the resource pool as long as it is not rate impacting.
Response: Western is in agreement with this comment and will
consider the best available options should this power not allocated in
these procedures be available.
Comment: Western received comment that the entire 4 percent
resource pool should be allocated to qualified applicants.
Response: Western plans to make allocations from the 4 percent
resource pool to qualified utility and nonutility applicants based upon
Post-1985 Marketing Plan Criteria and to Native American tribe
applicants based upon serving a fair share of their load. Based upon
these criteria, the total allocations from the resource pool may be
less than the resource pool.
Comment: It was suggested that a Native American tribe would have
to demonstrate the existence of an agreement with a viable utility
system for delivery of the allocation to the end user.
Response: Western has determined that placing an additional
requirement on Native American tribes would be unduly burdensome and is
not consistent with the intent of the Program at 60 FR 54151. If an
agreement with a utility responsible for delivery is not attainable,
Western has reserved the right to provide the economic benefits of its
resources directly to Native American tribes.
Comment: Where is the funding going to come from for making credits
to tribal members?
Response: Should this program require funding, Western will use net
bill or bill credit methods. If these methods are not sufficient,
additional appropriations from Congress may have to be made to provide
economic benefit.
Comment: The formula for calculating the amount of credit must
recognize the specific situation of the local utility, because their
costs vary significantly from Western customer to Western customer.
Response: Western is in agreement with the comment. Should any
crediting formula be required, Western will recognize the specific
local utility situation as needed.
Comment: Western's customers have already given up a portion of
their allocations; they cannot also be asked to fund additional payment
to tribal members. It appears they may have increased rates on the
remainder of their allocation.
Response: Western has no intent to increase P-SMBP-ED rates.
Comment: Western received comment that the suggested method of
delivering the benefits of Federal hydropower to the Native American
tribes would be a bill crediting arrangement.
Response: Western agrees that a bill crediting arrangement is a
viable method of delivering the benefits of Federal hydropower to
Native American tribes. However, flexibility must be retained in the
delivery of such benefits in order to fit a diverse group of Native
American tribes and power suppliers. The method for delivering the
benefits of Federal hydropower to the tribes will be determined
following the allocation process.
Comment: Western received comment that if Federal hydropower
benefits are delivered to Native American tribes in the form of
monetary payments, those payments should be contractually obligated to
go toward energy use.
Response: Western views direct monetary payments in lieu of
delivery of Western power and energy as a last resort to be used only
if unanticipated obstacles to the delivery of Federal hydropower
benefits arise. Should this situation arise, Western will consider
contractual stipulations on how those monetary payments are to be used
by Native American tribes. Such stipulations are beyond the scope of
this public process.
Comment: Western received comment that if tribal members' bills are
credited, the portion of the resource pool associated with these
credits should be retained by all existing customers at cost-based
rates.
Response: Western will not increase existing customers' allocations
for the amount associated with any tribal energy credits. Energy
crediting may not always be the means by which some Native American
tribes receive the benefits of Federal hydropower. In the event that at
a later time a Native American tribe changes the method by which they
receive the benefits of Federal hydropower, Western will not allocate
the energy associated with bill credits to existing customers.
IV. General Contract Principles
Western proposes to apply general contract principles to all
applicants receiving an allocation of firm power under the proposed
Post 2000 Resource Pool Allocation Procedures.
Comment: A comment was offered which suggested that contracts with
utility applicants should explicitly require cooperation on the part of
those utilities in the transmission of firm power to the Native
American tribes as a condition of that sale.
Response: To date, Western has received cooperation from P-SMBP-ED
cooperatives on the issue of delivery of hydropower benefits to Native
American tribes. Even if unanticipated obstacles to the delivery of
these benefits arise, Western has retained the right to provide the
economic benefits of its resource directly to Native Americans. Because
of the options available, Western sees no reason to address this issue
contractually. Western has already executed the contract extensions for
the P-SMBP-ED resource which will exist after the 4 percent resource
pool is created. In addition, there may be utilities which Western does
not contract with for a firm power allocation which would be
responsible for transmission of Native American tribe allocation.
Comment: Receipt of a Federal power allocation by a Native American
tribe must allow the current power supplier the ability to negotiate
delivery charges which prevent the negative financial effect of
creating the need to raise rates.
Response: Delivery arrangements are the responsibility of the new
customers.
Comment: The proposed rule should include assisting the Native
American tribes in obtaining a suitable third-party distribution system
retail wheeling agreement.
Response: The P-SMBP-ED cooperatives have been supportive of the
delivery of the benefits of power allocations to Native American
tribes. Western shall assist the allottee in obtaining third-party
transmission arrangements for delivery of firm power allocated under
these proposed procedures to new customers; nonetheless, each allottee
is ultimately responsible for obtaining its own delivery arrangements.
Comment: A comment suggested that it would be appropriate to
include the utility ultimately responsible for delivery of the
allocation to Native American tribes in the contract process, and that
Western should be an advocate in favor of the tribes in that process.
Response: Western will assist the allottee in obtaining third-party
transmission arrangements for delivery of firm power. To the extent
that utilities are involved in these arrangements, Western will work
with those entities. However, it is the ultimate responsibility of the
allottee to obtain its own delivery arrangements.
Comment: All new customers, utility, nonutility, and Native
American tribes alike, should have the same contractual provisions in
their contracts as
[[Page 41145]]
Western's present customers. Specifically, all contracts should
continue to have the provision preventing the sale of Federal power to
customers other than retail customers.
Response: Western is in agreement with this comment. The contract
with all new customers will contain Western's existing general contract
principles.
Comment: If Western experiences additional costs under the proposed
pool allocation, all program participants should participate in these
costs, not just the existing Western utilities.
Response: Our interpretation of this comment was that all firm
power customers of Western, inclusive of the new customers brought in
with the allocation of the 4 percent resource pool, will all be
impacted if there are additional costs to Western under the proposed
pool allocations. Western agrees that all firm power customers,
inclusive of the new customers, would be impacted through their rates
if there is a cost change due to the allocation of the 4 percent
resource pool.
Comment: We received several comments requesting that Native
American tribes not be required to comply with the Integrated Resource
Planning (IRP) requirements of the Program, unless the Native American
tribe applies as a utility.
Response: Title II of the 1992 Energy Policy Act requires all
Western customers to comply with the IRP criteria. This requirement was
also brought forward and restated in the Program language. Therefore,
IRP requirements are required of all customers including Native
American tribes.
Responses to Comments Regarding Other Issues
Comment: We received a comment from a cooperative expressing their
disappointment at the establishment of the 4 percent resource pool
because it means a rate impact for members.
Response: Western understands the concern for customers who may be
adversely impacted with the reduction of their Federal power
allocations. However, this reduction was provided for in the Program
and is beyond the scope of this public process.
Comment: We received a comment from a cooperative expressing
disappointment that Native American tribes will be allocated power from
the 4 percent resource pool, because it comes as an expense to Western
customers in the region.
Response: Western understands the concern of customers who may be
adversely impacted with the reduction of their Federal power
allocations. However, this reduction was provided for in the Program
and is beyond the scope of this public process.
Comment: We received a comment requesting Western's Upper Great
Plains Customer Service Region to establish a ``Native American Desk''
(Desk) to handle Native American issues.
Response: We are a diverse agency with many different functions. It
is our belief that issues with Native Americans are handled effectively
and efficiently by dealing directly with the divisions involved in each
issue. The establishment of a Desk is not part of this public process
and will be considered if it would result in increased responsiveness
to Western's Native American customers.
Comment: Federal facilities, such as the Bureau of Indian Affairs
or other Federal agencies, should not be eligible to receive any new
resources.
Response: Federal facilities are eligible for allocations of
Federal power as the preference clause has been defined through Federal
Reclamation Law.
Comment: One comment suggested that any allocation to a Native
American tribe should be made jointly to both the tribe and the utility
that will transfer the resource.
Response: The intent of the Program at 60 FR 54151 was to provide
the benefits of Federal hydropower allocations directly to individual
tribes. This principal is consistent with how Western treats existing
customers. Western does not feel that the goal of the Program would be
served by jointly allocating Native American allocations to utilities
and tribes.
Comment: Several comments were received expressing a concern that
the allocation procedures would somehow imply or require tribal
jurisdiction over the entity which will supply the Native American
load.
Response: The issue of tribal jurisdiction is beyond the scope of
this public process. Western is not the proper authority to decide that
issue, as it is outside of our mission. However, Western has not
intended to expand the scope of tribal jurisdiction with these
allocation procedures.
Comment: One comment expressed appreciation for Western's Federal
American Indian policy.
Response: Western appreciates the positive response with respect to
the attempts it has made to address Native American issues. Western
supports the Department of Energy's American Indian policy which
stresses the need for a government-to-government, trust-based
relationship.
Comment: Western received several requests for extending the
deadline for submittal of the Applicant Profile Data (APD).
Response: 61 FR 9449 published March 8, 1996, extended the deadline
for submittal of APD and comments until April 8, 1996. Also, 61 FR
28574 published June 5, 1996, clarifying the terms of Post 2000
Resource Pool Allocation Procedures, reopened the deadline for
submittal of APD until July 5, 1996.
Comment: Negotiations should begin as soon as possible.
Response: Western agrees with this comment. Western interprets this
comment as to when will Western negotiate contracts with new customers
for firm electric service. Western intends to begin negotiating new
contracts as soon as possible.
Comment: One comment suggested that Greenfield, Iowa, should be
eligible for a minimum allocation of 100 kW.
Response: Only that portion of the Greenfield load within the P-
SMBP-ED marketing area is eligible for an allocation as part of this
process. All criteria are applicable to that portion of Greenfield's
load.
Comment: We received comments about all customers, including Native
American tribes, being included in future withdrawals for the creation
of resource pools.
Response: This was determined in Subpart C, Power Marketing
Initiative, Paragraph 905.32 (d) of 60 FR 54151. The additional
resource pool increments shall be established from the then existing
customers.
Comment: Western received a comment that allocations from the 4
percent resource pool is not the only responsibility or obligation the
Federal government has to Native American tribes.
Response: This comment is beyond the scope of this public process.
The 4 percent resource pool was established by the Program. This
process is designed to allocate the 4 percent as set forth by the
Program.
Comment: Western received a comment that the qualifications for
qualified applicants should be changed if necessary, such that the
Bureau of Reclamation, as sponsor for the Mni Wiconi Project, meets the
definition for qualified applicant.
Response: Western intends to determine the Bureau of Reclamation
eligibility based on the Final Post 2000 Resource Pool Allocation
Procedures outlined below.
[[Page 41146]]
Final Post 2000 Resource Pool Allocation Procedures
I. Amount of Pool Resources
Western will allocate up to 4 percent of the P-SMBP-ED long-term
firm hydroelectric resource available as of January 1, 2001, as firm
power (firm power) as provided for by the Program. Firm power means
capacity and associated energy allocated by Western and subject to the
terms and conditions specified in the Western electric service
contract.
II. General Eligibility Criteria
Western will apply the following general eligibility criteria to
applicants seeking an allocation of firm power under the Post 2000
Resource Pool Allocation Procedures.
A. All qualified applicants must be preference entities in
accordance with section 9c of the Reclamation Project Act of 1939, 43
U.S.C. 485h(c), as amended and supplemented.
B. All qualified applicants must be located within the currently
established P-SMBP-ED marketing area.
C. All qualified applicants must not be currently receiving
benefits, directly or indirectly, from a current P-SMBP-ED firm power
allocation. Qualified Native American applicants are not subject to
this requirement.
D. Qualified utility and nonutility applicants must be able to use
the firm power directly or be able to sell it directly to retail
customers.
E. Qualified utility applicants that desire to purchase power from
Western for resale to consumers, including municipalities,
cooperatives, public utility districts, and public power districts must
have utility status by December 31, 1996. Utility status means the
entity has responsibility to meet load growth, has a distribution
system, and is ready, willing, and able to purchase Federal power from
Western on a wholesale basis.
F. Qualified Native American applicants must be a Native American
tribe as defined in the Indian Self Determination Act of 1975, 25
U.S.C. Sec. 450b, as amended.
III. General Allocation Criteria
Western will apply the following general allocation criteria to
applicants seeking an allocation of firm power under the Post 2000
Resource Pool Allocation Procedures.
A. Allocations of firm power will be made in amounts as determined
solely by Western in exercise of its discretion under the Federal
Reclamation Law.
B. An allottee will have the right to purchase such firm power only
upon the execution of an electric service contract between Western and
the allottee, and satisfaction of all conditions in that contract.
C. Firm power allocated under these procedures will be available
only to new preference customers in the existing P-SMBP-ED marketing
area. This marketing area includes Montana (east of the Continental
Divide), North Dakota, South Dakota, and specific areas in western
Iowa, western Minnesota and eastern Nebraska. The marketing area of the
P-SMBP-ED is Montana east of the Continental Divide, all of North and
South Dakota, Nebraska east of the 101 deg. meridian, Iowa west of the
94\1/2\ deg. meridian, and Minnesota west of a line on the 94\1/2\ deg.
meridian from the southern boundary of the state to the 46 deg.
parallel and thence northwesterly to the northern boundary of the state
at the 96\1/2\ deg. meridian.
D. Allocations made to Native American tribes will be based on
estimated load developed by the Native American tribes. Inconsistent
estimates will be adjusted by Western during the allocation process.
E. Allocations made to qualified utility and nonutility applicants
will be based on the loads experienced in the 1994 summer season and
the 1994-95 winter season. Western will apply the Post-1985 Marketing
Plan criteria to these loads.
F. Energy provided with firm power will be based upon the
customers monthly system load factor.
G. Any electric service contract offered to a new customer shall be
executed by the customer within six months of a contract offer by
Western, unless otherwise agreed to in writing by Western.
H. The initial resource pool will be dissolved subsequent to the
closing date for executing firm power contracts. Firm power not under
contract will be used as determined by Western.
I. The minimum allocation shall be 100 kilowatts (kW).
J. The maximum allocation for qualified utility and nonutility
applicants shall be 5,000 kW.
K. Contract rates of delivery shall be subject to adjustment in the
future as provided for in the Program.
L. If unanticipated obstacles to the delivery of hydropower
benefits to Native American tribes arise, Western retains the right to
provide the economic benefits of its resources directly to the tribes.
IV. General Contract Principles
Western will apply the following general contract principles to all
applicants receiving an allocation of firm power under the Post 2000
Resource Pool Allocation Procedures.
A. Western shall reserve the right to reduce a customers summer
season contract rate of delivery by up to 5 percent for new project
pumping requirements, by giving a minimum of 5 years written notice in
advance of such action.
B. Western, at its discretion and sole determination, shall reserve
the right to adjust the contract rate of delivery on 5 years notice in
response to changes in hydrology and river operations. Any such
adjustments shall only take place after a public process.
C. Western shall assist the allottee in obtaining third-party
transmission arrangements for delivery of firm power allocated under
these procedures to new customers; nonetheless, each allottee is
ultimately responsible for obtaining its own delivery arrangements.
D. Contracts entered into under the Post 2000 Resource Pool
Allocation Procedures shall provide for Western to furnish firm
electric service effective from January 1, 2001, through December 31,
2020.
E. The contracts entered into as a result of the procedures shall
incorporate Western's standard provisions for power sales contracts,
integrated resource planning, and the general power contract
provisions.
VI. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (Act),
requires Federal agencies to perform a regulatory flexibility analysis
if a proposed regulation is likely to have a significant economic
impact on a substantial number of small entities. Western has
determined that this rulemaking relates to services offered by Western,
and, therefore, is not a rule within the purview of the Act.
VII. 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.
VIII. Review Under the National Environmental Policy Act
Western requested input regarding the identification of any
additional environmental issues both in the Federal Register at 61 FR
2817, January 29, 1996, and at the public meetings. No environmental
comments were received. Therefore, Western has determined that
[[Page 41147]]
the analysis in the Program Environmental Impact Statement is
sufficient for this action and current DOE regulations indicate that no
further National Environmental Policy Act documentation is required.
IX. Determination Under Executive Order 12866
DOE has determined this 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.
Issued at Washington, D. C. on July 30, 1996.
Joel K. Bladow,
Assistant Administrator.
[FR Doc. 96-20078 Filed 8-6-96; 8:45 am]
BILLING CODE 6450-01-P
