# Robert Douglas Willis Hydro Power Rate; Notice of Order Approving a Power Rate Increase on an Interim Basis

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-23642

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** September 23, 1994

## Text

DEPARTMENT OF ENERGY
Southwestern Power Administration

Robert Douglas Willis Hydro Power Rate; Notice of Order Approving
a Power Rate Increase on an Interim Basis

AGENCY: Department of Energy, Southwestern Power Administration.

ACTION: Notice of approving a power rate increase--Robert D. Willis
Hydro Project.

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SUMMARY: The Deputy Secretary acting under Amendment No. 3 to
Delegation Order No. 0204-108, dated November 10, 1993, 58 FR 59717,
has approved Rate Order No. SWPA-30 which increases the power rate for
the Robert Douglas Willis Hydro Project. This is an interim approval of
the rate effective October 1, 1994, through September 30, 1998.

FOR FURTHER INFORMATION CONTACT: George C. Grisaffe, Assistant
Administrator, Office of Administration and Rates, Southwestern Power
Administration, Department of Energy, P.O. Box 1619, Tulsa, Oklahoma
74101.

SUPPLEMENTARY INFORMATION: The existing rate for the Robert Douglas
Willis Hydro Project is $284,580 per year. The rate was approved on a
final basis by the Federal Energy Regulatory Commission on August 11,
1993, for a period ending September 30, 1997.
On June 15, 1994, the Southwestern Power Administration
(Southwestern) published notice in the Federal Register, 59 FR 30793 of
its proposed rate increase for the Robert Douglas Willis Hydro Project
and to provide a 60-day comment period. One comment indicating no
objection to the proposed rate increase was received from the sole
customer, Sam Rayburn Municipal Power Agency.
Following review of Southwestern's proposal within the Department
of Energy, I approved, Rate Order No. SWPA-30, which increases the
existing Robert Douglas Willis Rate to $294,312 per year for the period
October 1, 1994, through September 30, 1998.

Issued at Washington, DC, the 14th day of September 1994.
William H. White,
Deputy Secretary.

In the matter of: Southwestern Power Administration--Robert D.
Willis, Rate Order No. SWPA-30.

Order Confirming, Approving and Placing Decreased Power Rate in Effect
on an Interim Basis

September 14, 1994.
Pursuant to Sections 302(a) and 301(b) of the Department of Energy
Organization Act, Public Law 95-91, the functions of the Secretary of
the Interior and the Federal Power Commission under Section 5 of the
Flood Control Act of 1944, 16 U.S.C. 825s, for the Southwestern Power
Administration (Southwestern) were transferred to and vested in the
Secretary of Energy. By Delegation Order No. 0204-108, effective
December 14, 1983, 48 FR 55664, the Secretary of Energy delegated to
the Deputy Secretary of Energy on a non-exclusive basis the authority
to confirm, approve and place into effect on an interim basis power and
transmission rates, and delegated to the Federal Energy Regulatory
Commission (FERC) on an exclusive basis the authority to confirm,
approve and place in effect on a final basis, or to disapprove power
and transmission rates. Amendment No. 1 to Delegation Order No. 0204-
108, effective May 30, 1986, 51 FR 19744, revised the delegation of
authority to confirm, approve and place into effect on an interim basis
power and transmission rates to the Under Secretary of Energy rather
than the Deputy Secretary of Energy. This delegation was reassigned to
the Deputy Secretary of Energy by Department of Energy (DOE) Notice
1110.29, dated October 27, 1988, and clarified by Secretary of Energy
Notice SEN-10-89, dated August 3, 1989, and subsequent revisions. By
Amendment No. 2 to Delegation Order No. 0204-108, effective August 23,
1991, 56 FR 41835, the Secretary of the Department of Energy revised
Delegation Order No. 0204-108 to delegate to the Assistant Secretary,
Conservation and Renewable Energy, the authority which was previously
delegated to the Deputy Secretary in that Delegation Order. By
Amendment No. 3 to Delegation Order No. 0204-108, effective November
10, 1993, 58 FR 59717, the Secretary of Energy revised the delegation
of authority to confirm, approve and place into effect on an interim
basis power and transmission rates by delegating that authority to the
Deputy Secretary of Energy. This rate order is issued by the Deputy
Secretary pursuant to said Amendment to Delegation Order No. 0204-108.

Background

Dam B (Town Bluff Dam), located on the Neches River in eastern
Texas downstream from the Sam Rayburn Dam, was originally constructed
in 1951 by the U.S. Army Corps of Engineers (Corps) and provides
streamflow regulation of releases from the Sam Rayburn Dam. The Lower
Neches Valley Authority contributed funds toward construction of both
projects and makes established annual payments for the right to
withdraw up to 2000 cubic feet of water per second from Town Bluff Dam
for its own use. Power was legislatively authorized at the project, but
installation of hydroelectric facilities was deferred until justified
by economic conditions. A determination of feasibility was made in a
1982 Corps study. In 1983 the Sam Rayburn Municipal Power Agency (SRMA)
proposed to sponsor and finance the development of hydropower at Town
Bluff Dam in return for the output of the project to be delivered to
its member municipalities and participating member cooperatives of the
Sam Rayburn Dam Electric Cooperative. Since the hydroelectric
facilities at the Town Bluff Dam have been completed, the facilities
have been renamed the Robert Douglas Willis Hydroelectric Project
(Robert D. Willis).
The Robert D. Willis rate is unique in that it excludes the costs
associated with the hydropower design and construction performed by the
Corps, because all funds for these costs were provided by SRMA. Under
the Southwestern/SRMA power sales Contract No. DE-PM75-85SW00117, SRMA
will continue to pay all annual operating and marketing costs, as well
as expected capital replacement costs, through the rate paid to
Southwestern, and will receive all power and energy produced at the
project for a period of 50 years.

Discussion

The 1994 Current Robert D. Willis PRS tests the adequacy of the
existing rate based on the latest cost evaluation period extending from
FY 1994 through FY 1998, to recover annual expenses for marketing,
operation and maintenance, and to amortize additions to plant and major
replacements of the generating facilities. Since the project's design
and construction were financed in their entirety by SRMA, no component
for amortization of the original investment of some $18 million is
included in the rate determination. The Current PRS for the Robert D.
Willis project, using the existing annual rate of $284,580, indicates
that the legal requirements to repay all costs will not be met without
an increase in revenue. This shortage is primarily a result of
operation and maintenance cost estimates increasing to match actual
costs.
The existing annual Robert D. Willis project power rate of $284,580
was confirmed and approved on a final basis by the FERC on August 11,
1993, for the period April 1, 1993, through September 30, 1997. The
1994 Robert D. Willis Current Power Repayment Study (PRS) indicates
that the present rate does not meet the cost recovery criteria for the
isolated project. The current rate will underpay requirements by
$3,211,586. The 1994 Robert D. Willis Revised PRS indicates that an
annual rate of $294,312 will satisfy repayment criteria in accordance
with Department of Energy Order No. RA 6120.2 and Section 5 of the
Flood Control Act of 1944. The proposed increase in revenue amounts to
$9,732 or 3.4 percent annually to begin October 1, 1994. The proposed
rate of $294,312 annually would satisfy the present repayment criteria.
Pursuant to title 10, part 903, subpart A of the Code of Federal
Regulations (10 CFR 903), ``Procedures for Public Participation in
Power and Transmission Rate Adjustments and Extensions'', 50 FR 37837,
the Administrator, Southwestern, published notice in the Federal
Register (59 FR 30793), on June 15, 1994, announcing a 60-day period
for public review and comment. Southwestern held several informal
meetings and a Public Information Forum (Forum) on July 7, 1994, where
Southwestern provided copies of supporting data for the 1994 Robert D.
Willis PRS to interested parties. A letter was received on behalf of
SRMA, indicating no opposition to the proposed rate increase.
Southwestern did not receive any request to convene a formal Public
Comment Forum and, as a result, did not convene such a meeting.
Information regarding this rate proposal, including studies, comments
and other supporting material, is available for public review and
comment in the offices of the Southwestern Power Administration, One
West Third Street, Tulsa, Oklahoma 74101.
Administrator's Certification
The 1994 Revised Robert D. Willis PRS indicates that the annual
power rate of $294,312 will repay all costs of the project including
amortization of additions to plant and major replacements of the
generating facilities consistent with provisions of DOE Order No. RA
6120.2. In accordance with Section 1 of Delegation Order No. 0204-108,
as amended November 10, 1993, 58 FR 59717, and Section 5 of the Flood
Control Act of 1944, the Administrator has determined that the proposed
Robert D. Willis power rate is consistent with applicable law and is
the lowest possible rate consistent with sound business principles.
Environment
The environmental impact of the rate increase proposal was
evaluated in consideration of DOE's guidelines for implementing the
procedural provisions of the National Environmental Policy Act and was
determined to fall within the class of actions that are categorically
excluded from the requirements of preparing either an Environmental
Impact Statement or an Environmental Assessment.

Order

In view of the foregoing and pursuant to the authority delegated to
me by the Secretary of Energy, I hereby confirm, approve and place in
effect on an interim basis, effective October 1, 1994, the proposed
annual rate of $294,312 for the sale of power and energy from the
Robert D. Willis project to the Sam Rayburn Municipal Power Agency,
under Contract No. DE-PM75-85SW00117, as amended. The rate shall remain
in effect on an interim basis through September 30, 1998, or until the
FERC confirms and approves the rate on a final basis.

Issued at Washington, DC, this 14th day of September 1994.
William H. White,
Deputy Secretary.
[FR Doc. 94-23642 Filed 9-22-94; 8:45 am]
BILLING CODE 6450-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-23642. Public record. Not legal advice.