# Boulder Canyon Project-Post-2017 Resource Pool

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2014-18797

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 8, 2014
- **Citation:** 79 FR 46432

## Text

DEPARTMENT OF ENERGY
Western Area Power Administration
Boulder Canyon Project—Post-2017 Resource Pool

AGENCY:

Western Area Power Administration, DOE.

ACTION:

Notice of Proposed Allocation.

SUMMARY:

The Western Area Power Administration (Western), a Federal power marketing agency of the Department of Energy (DOE), announces the Boulder Canyon Project (BCP) Post-2017 Resource Pool Proposed Allocation of Power (BCP Proposed Allocation) developed under the Conformed Power Marketing Criteria or Regulations for the Boulder Canyon Project (2012 Conformed Criteria) published in the
Federal Register
on June 14, 2012, as required by the Hoover Power Allocation Act of 2011, and Western's final BCP post-2017 marketing criteria and call for applications published in the
Federal Register
on December 30, 2013. Applications received by March 31, 2014, were considered for an allocation. Western will prepare and publish the Final Allocation of Power in the
Federal Register
after the close of the comment period provided for in this
Federal Register
notice and consideration of all submitted public comments.

DATES:

Entities interested in commenting on the BCP Proposed Allocation may submit written comments using the methods set out in the
ADDRESSES
section. Western will accept written comments received on or before September 19, 2014.

Western will hold three public information forums on the BCP Proposed Allocation. The dates for the public information forums are:

1. August 26, 2014, 1 p.m., PDT, Las Vegas, Nevada.

2. August 27, 2014, 10 a.m., PDT, Ontario, California.

3. August 28, 2014, 10 a.m., MST, Tempe, Arizona.

Following the public information forums, Western will hold three public comment forums. The dates for the public comment forums are:

1. September 16, 2014, 1 p.m., PDT, Las Vegas, Nevada.

2. September 17, 2014, 10 a.m., PDT, Ontario, California.

3. September 18, 2014, 10 a.m., MST, Tempe, Arizona.

ADDRESSES:

Written comments regarding the BCP Proposed Allocation should be sent to: Mr. Ronald E. Moulton, Acting Regional Manager, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457. Comments may also be faxed to (602) 605-2490 or emailed to
Post2017BCP@wapa.gov.

The public information and public comment forums will be held at: The New Las Vegas Tropicana, 3801 Las Vegas Boulevard South, Las Vegas, Nevada; DoubleTree Ontario Airport, 222 N. Vineyard, Ontario, California; DoubleTree by Hilton Hotel Phoenix Tempe, 2100 S. Priest Drive, Tempe, Arizona.

FOR FURTHER INFORMATION CONTACT:

Mr. Mike Simonton, Public Utilities Specialist, Desert Southwest Customer Service Region, Western Area Power Administration, P.O. Box 6457, Phoenix, AZ 85005-6457, telephone number (602) 605-2675, email
Post2017BCP@wapa.gov.
Comments received in response to this
Federal Register
notice will be posted to Western's Web site at
http://www.wapa.gov/dsw/pwrmkt.

SUPPLEMENTARY INFORMATION:

The BCP was authorized by the Boulder Canyon Project Act of 1928 (43 U.S.C. 617) (BCPA). Under Section 5 of the BCPA, the Secretary of the Interior marketed the capacity and energy from the BCP under electric service contracts effective through May 31, 1987. In 1977, the power marketing functions of the Secretary of the Interior were transferred to Western by Section 302 of the Department of Energy Organization Act (42 U.S.C. 7152) (DOE Act). On December 28, 1984, Western published the Conformed General Consolidated Criteria or Regulations for Boulder City Area Projects (1984 Conformed Criteria) (49 FR 50582) to implement applicable provisions of the Hoover Power Plant Act of 1984 (43 U.S.C. 619) for the marketing of BCP power through September 30, 2017.

On December 20, 2011, Congress enacted the Hoover Power Allocation Act of 2011 (43 U.S.C. 619a) (HPAA), which provides direction and guidance in marketing BCP power after the existing contracts expire on September 30, 2017. On June 14, 2012, Western published the 2012 Conformed Criteria (77 FR 35671) to implement applicable provisions of the HPAA for the marketing of BCP power from October 1, 2017, through September 30, 2067. The 2012 Conformed Criteria formally established a resource pool defined as “Schedule D” to be allocated to new allottees. In accordance with the HPAA, Western allocated portions of Schedule D power to the Arizona Power Authority (APA) and the Colorado River Commission of Nevada (CRC), as described in the June 14, 2012,
Federal Register
notice. Of the remaining Schedule D power, Western is to allocate 11,510 kilowatts (kW) of contingent capacity and associated firm energy to new allottees within the State of California, and 69,170 kW of contingent capacity and associated firm energy to new allottees within the Boulder City Area (BCA) marketing area as defined in the 2012 Conformed Criteria.

After conducting a public process and in consideration of comments received, Western published final marketing criteria (78 FR 79436) and made a call for applications on December 30, 2013. Applications from those seeking an allocation of Schedule D power from Western were due on March 31, 2014. The BCP Proposed Allocation was determined by applying the final marketing criteria to the applications received during the call for applications. Western seeks comments on the proposed allocations during this comment period.

Proposed Power Allocation

Western received 107 applications for Schedule D power. The final marketing criteria provide Native American tribes first consideration for an allocation of Schedule D sufficient to provide Federal hydropower up to 25 percent of their peak load when considering the amount of their load already served by existing Federal power resource allocations. Western received 33 applications from Native American tribes and 74 applications from non-tribal entities.

The BCP Proposed Allocation was established by applying the final marketing criteria. The 69,170 kW to be marketed in the BCA marketing area was distributed first. Application of the first consideration for Native American tribes resulted in 28,970 kW of contingent capacity to tribes. The remaining 40,200 kW was distributed to eligible applicants pro-rata based on peak load while normalizing the percentage of the applicants' peak loads served by Federal hydropower. The 11,510 kW to be marketed in the State of California was distributed to eligible California applicants pro-rata based on peak load while normalizing the percentage of the applicants' peak loads served by Federal hydropower inclusive of distributions of the 69,170 kW.

Capacity from the Post-2017 Resource Pool was allocated to eligible applicants under the final marketing criteria. Associated energy was determined by a pro-rata distribution to the allocated capacity consistent with HPAA Schedule D.

The BCP Proposed Allocation is as follows:

Boulder Canyon project
Allottee
Proposed post-2017 power allocations

Contingent
capacity (kW)

Firm energy (kWh)
Summer
Winter
Total

Agua Caliente Band of Cahuilla Indians
1,449
2,212,925
950,554
3,163,479

Ann Electric Cooperative, Inc.
1,836
2,803,827
1,201,670
4,005,497

Augustine Band of Cahuilla Indians
224
341,787
146,814
488,601

Bishop Paiute Tribe
380
580,896
249,522
830,418

Cabazon Band of Mission Indians
1,001
1,529,415
656,955
2,186.370

California Department of Water Resources
3,000
4,581,625
1,968,021
6,549,646

Chemehuevi Indian Tribe
1,386
2,116,664
909,206
3,025.870

City of Cerritos, California
3,000
4,581,918
1,965,197
6,547,115

City of Chandler, AZ Municipal Utilities Department
830
1,267,957
544,646
1,812,604

City of Corona, California
3,000
4,582,103
1,963,423
6,545,526

City of Flagstaff, Arizona
214
326,211
140,123
466,334

City of Glendale, Arizona
525
801,670
344,355
1,146,025

City of Globe, Arizona
151
230,255
98,905
329,160

City of Henderson, Nevada
865
1,321,594
567,686
1,889,280

City of Las Vegas, Nevada
1,117
1,705,672
732,665
2,438,337

City of North Las Vegas, Nevada
253
386,274
165,923
552,197

City of Payson, Arizona
149
227,025
97,518
324,542

City of Peoria, Arizona
435
664,186
285,299
949,485

City of Phoenix, Arizona
3,000
4,581,625
1,968,021
6,549,646

City of Rancho Cucamonga, CA Municipal Utility
3,000
4,581,920
1,965,183
6,547,103

City of Scottsdale, Arizona
2,755
4,207,817
1,807,453
6,015,270

City of Tempe, AZ Public Works Department
257
391,907
168,342
560,249

City of Tucson, Arizona Water Department
1,501
2,292,297
984,648
3,276,945

City of Victorville, California
2,901
4,431,073
1,900,234
6,331,307

Clark County School District
3,000
4,581,625
1,968,021
6,549,646

Clark County Water Reclamation District
741
1,132,024
486,257
1,618,281

College of Southern Nevada
446
680,761
292,418
973,179

Duncan Valley Electric Cooperative, Inc.
135
206,289
88,611
294,900

Fort McDowell Yavapai Nation
338
516,596
221,902
738,497

Gila River Indian Community
838
1,279,092
549,429
1,828,521

Graham County Electric Cooperative, Inc.
556
848,804
364,601
1,213,405

Hualapai Indian Tribe
381
581,402
249,739
831,142

Imperial Irrigation District
3,000
4,581,625
1,968,021
6,549,646

Kaibab Band of Paiute Indians
124
189,374
81,345
270,719

Las Vegas Paiute Tribe
592
904,123
388,363
1,292,485

Las Vegas Valley Water District
3,000
4,581,625
1,968,021
6,549,646

Metropolitan Domestic Water Improvement District
105
159,687
68,593
228,280

Mohave Electric Cooperative, Inc.
2,878
4,395,963
1,888,270
6,284,233

Morongo Band of Mission Indians
1,098
1,677,459
720,547
2,398,005

Navajo Tribal Utility Authority
3,000
4,581,625
1,968,021
6,549,646

Navopache Electric Cooperative, Inc.
610
931,473
400,111
1,331,584

Northern Arizona Irrigation District Power Pool
306
467,490
200,809
668,298

Pascua Yaqui Tribe
217
330,693
142,048
472,741

Pechanga Band of Luiseno Mission Indians
2,000
3,054,583
1,312,085
4,366,668

Salt River Pima-Maricopa Indian Community
3,000
4,581,625
1,968,021
6,549,646

San Diego County Water Authority
1,757
2,683,309
1,150,718
3,834,026

San Luis Rey River Indian Water Authority
3,000
4,581,625
1,968,021
6,549,646

San Manuel Band of Mission Indians
2,554
3,901,025
1,675,672
5,576,697

State of Nevada Department of Corrections
186
283,682
121,855
405,536

Sulphur Springs Valley Electric Cooperative, Inc.
3,000
4,581,625
1,968,021
6,549,646

Timbisha Shoshone Tribe
119
181,190
77,830
259,020

Tohono O'odham Nation
2,709
4,137,589
1,777,287
5,914,876

Tonto Apache Tribe
195
298,187
128,085
426,273

Torres Martinez Desert Cahuilla Indians
1,657
2,531,217
1,087,275
3,618,493

Trico Electric Cooperative, Inc.
3,000
4,581,625
1,968,021
6,549,646

Twenty-Nine Palms Band of Mission Indians
1,319
2,014,467
865,307
2,879,774

University of Nevada, Las Vegas
202
308,732
132,615
441,347

Viejas Band of Kumeyaay Indians
1,388
2,120,147
910,702
3,030,849

Total
80,680
123,217,000
52,909,000
176,126,000

After applying the criteria to eligible applications received, the following applicants have not been assigned a proposed allocation due to the following reasons:

Amount of Peak Load Already Served by Federal Hydropower

Ak-Chin Indian Community;

Central Arizona Irrigation & Drainage District;

City of Maricopa, Arizona;

City of Mesa, Arizona;

City of Mesquite, Nevada;

City of Needles, California;

City of Page, Arizona Water Utility;

City of Williams, Arizona;

Colorado River Indian Tribes;

Fort Mohave Indian Tribe;

Hohokam Irrigation & Drainage District;

Hyder Valley Irrigation & Water Delivery District;

Maricopa-Standfield Irrigation & Drainage District;

Moapa Band of Paiutes;

Moapa Valley Water District;

Mt. Wheeler Power Inc.;

New Magma Irrigation & Drainage District;

Nye County, Nevada;

Paloma Irrigation & Drainage District;

San Carlos Apache Tribe;

State of Nevada Department of Veterans Sevices;

Town of Fredonia, Arizona;

Town of Gilbert, Arizona;

Virgin Valley Water District;

White Mountain Apache Tribe.

Potential Allocation Does Not Meet 100 kW Minimum

Arizona Rural Irrigation District Pooling Parties;

Avra Water Co-op, Inc.;

Board of Regents, Nevada State College;

City of Sedona, Arizona;

City of Sierra Vista, Arizona;

Desert Research Institute;

Division of Museums & History, Lost City Museum;

Ewiiaapaayp Band of Kumeyaay Indians;

Grover's Hill Irrigation District;

Havasupai Tribe;

Henderson District Public Libraries;

Mohave Valley Irrigation & Dainage District;

State of Nevada Department of Administration;

State of Nevada Department of Employment;

State of Nevada Department of Health & Human Services;

State of Nevada Department of Transportation;

State of Nevada Division of State Parks & Division of Forestry;

State of Nevada, Office of the Military;

Yavapai-Apache Nation.

Two applicants did not provide sufficient historical load information to receive further consideration for an allocation and three applicants did not meet the general eligibility requirements. The Red Rock Agricultural Improvement and Power District Irrigation Water Delivery District of Pinal County, and the Pauma Band of Mission Indians failed to submit suitable historical load information for consideration in their application. The Silverbell Irrigation and Drainage District is a direct allottee of the APA for BCP power and therefore is not considered a new allottee eligible for Schedule D. The San Carlos Irrigation Project and the Department of Energy National Nuclear Security Administration are Federal agencies and are not considered eligible under Section 5 of the BCPA.

Regulatory Procedure Requirements

Determination Under Executive Order 12866

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

Environmental Compliance

In accordance with the DOE National Environmental Policy Act Implementing Procedures (10 CFR 1021), Western has determined that these actions fit within a class of action B4.1 Contracts, policies, and marketing and allocation plans for electric power, in Appendix B to Subpart D to Part 1021—Categorical Exclusions Applicable to Specific Agency Actions.

Dated: July 30, 2014.
Mark A. Gabriel,
Administrator.

[FR Doc. 2014-18797 Filed 8-7-14; 8:45 am]
BILLING CODE 6450-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2014-18797. Public record. Not legal advice.