# Proposed Wholesale Power and Transmission Rates, Pacific Northwest Coordinating Agreement Rates, and Transmission Terms and Conditions > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-5176 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** March 3, 1995 - **Citation:** 60 FR 11961 ## Text [[Page 11962]] DEPARTMENT OF ENERGY Bonneville Power Administration Proposed Wholesale Power and Transmission Rates, Pacific Northwest Coordinating Agreement Rates, and Transmission Terms and Conditions AGENCY: Bonneville Power Administration (BPA), DOE. ACTION: Notice of Additional Prehearing/Settlement Conference. ----------------------------------------------------------------------- SUMMARY: BPA File No: WP-95, TR-95, TC-95. On December 28, 1994, Bonneville Power Administration (BPA) published a Notice of Intent to Revise Transmission Rates, 59 F.R. 66946 and Notice of Intent to Revise Wholesale Power Rates, 59 F.R. 66947. Subsequently, BPA also published Federal Register Notices of Proposed Wholesale Power Rate Adjustment, 60 F.R. 8496 (February 14, 1995) , Proposed Transmission Rate Adjustment, 60 F.R. 8505 (February 14, 1995), and Hearing and Opportunity for Public Comment Regarding Proposed Comparable Transmission Terms and Conditions, 60 F.R. 8511 (February 14, 1995). The Notices included a date for a Prehearing Conference of February 13, 1995, but were not published before the Prehearing Conference. At the Prehearing Conference held on February 13, 1995, the Hearing Officers set another Prehearing/Settlement Conference and established a schedule for interventions to these proceedings, which follows. At the March 15 Prehearing/Settlement Conference, the Hearing Officers will act on petitions to intervene. DATES: The Prehearing/Settlement Conference will be held before the Hearing Officers at 9 a.m. on March 15, 1995 in the BPA Rates Hearing Room, 3rd Level, 2032 Lloyd Center, Portland, Oregon. Registration for the Prehearing/Settlement Conference will begin at 8:30 a.m. The Hearing Officers will act on all intervention petitions and oppositions to intervention petitions, rule on any motions, establish a service list, establish a procedural schedule, and consolidate parties with similar interests for purposes of filing jointly sponsored testimony and briefs, and for expediting any necessary cross examination. A notice of the dates and times of any hearings will be mailed to all parties of record. Objections to orders made by the Hearing Officer at the Prehearing Conference must be made in person or through a representative at the Prehearing Conference. The Prehearing/Settlement Conference for wholesale power and transmission rates will be held at the same time and place as the Prehearing/Settlement Conference for the Transmission Terms and Conditions. BPA's present intent is for the Hearing Officer for the Transmission Terms and Conditions Proceeding to be other than the Hearings Officer presiding over BPA's 1995 Power and Transmission Rate Proceeding. However, it also is BPA's intent to merge as much as possible the schedules and records for these two proceedings in order to address common transmission issues efficiently. At the Prehearing/ Settlement conference, BPA may move to consolidate common transmission issues. Persons wishing to become a formal ``party'' to the proceedings must notify BPA in writing of their intention to do so in accordance with the requirements stated in this Notice. Petitions to intervene must be received by March 6, 1995. Persons intervening in the wholesale power and transmission rate proceeding who also desire to intervene in the transmission terms and conditions proceeding may file a single petition which specifically identifies both proceedings. Petitions to intervene should be addressed as follows: Hearing Officer, c/o Francis (Jamie) Troy, Hearing Clerk--LQ, Bonneville Power Administration, 905 NE. 11th Ave., P.O. Box 12999, Portland, Oregon 97212. In addition, a copy of the petition must be served concurrently on BPA's Office of Legal Services: Janet L. Prewitt, Bonneville Power Administration, Office of Legal Services--LQ, 905 NE. 11th Ave., P.O. Box 3621, Portland, Oregon 97208. Interventions in the Terms and Conditions Proceeding must be served concurrently on: Stephen Larson, Office of Legal Services--LP, Bonneville Power Administration, 905 NE. 11th Ave., P.O. Box 3621, Portland, Oregon 97208. Persons who have been denied party status in any past BPA rate proceeding shall be denied party status unless they establish a significant change of circumstances. BPA has determined that its initial proposal should include a stable, 5-year rate for most, if not all, of its requirements service. BPA anticipates that the work necessary to assemble such a proposal will take until early April of 1995. Since such a rate would be available to purchasers for the bulk of BPA's firm sales, its impact on BPA's overall proposal is fundamental. At the same time, in order to have sufficient time to conduct a full rate proceeding for the 5-year proposal, BPA must extend its current rates for a three month period. This extension will require a separate proceeding. The following schedule information is provided for informational purposes. The schedule included here is BPA's proposed schedule. The parties have indicated a desire to attempt to settle some issues, which may cause this proposed schedule to change. A final schedule will be established by the Hearing Officer at the Prehearing Conference. Schedule for New Rates and Terms and Conditions Proceeding March 6, 1995.................... Deadline to Petition to Intervene. March 9, 1995.................... Deadline to file Oppositions to Petitions to Intervene. March 15, 1995................... Prehearing/Settlement Conference to set schedule and act on Petitions to Intervene; 9:00 a.m.; BPA Rates Hearing Room; 3rd Level; 2032 Lloyd Center; Portland, Oregon. April 12, 1995................... Prehearing Conference/BPA Initial Proposal available. May 30, 1995..................... Parties file Direct Cases. July 10, 1995.................... Litigants file Rebuttal Testimony. July 24-August 11, 1995.......... Cross Examination. August 28, 1995.................. Initial Briefs filed. September 7-8, 1995.............. Oral Argument. September 29, 1995............... BPA Draft Rates Record of Decision; Hearing Officer Terms and Conditions Recommended Decision. October 10, 1995................. Briefs on Exceptions. October 30, 1995................. BPA Final Record of Decision. Schedule for Extension of Current Rates Proceeding March 6, 1995.................... Deadline to Petition to Intervene. March 9, 1995.................... Deadline to file Oppositions to Petitions to Intervene. March 15, 1995................... Prehearing/Settlement Conference to set schedule and act on Petitions to Intervene; 9:00 a.m.; BPA Rates Hearing Room; 3rd Level; 2032 Lloyd Center; Portland, Oregon. April 12, 1995................... Prehearing Conference/ BPA Initial Proposal available. May 15, 1995..................... Parties file Direct Case. June 8, 1995..................... Litigants file Rebuttal testimony. June 23, 1995.................... Cross Examination. July 7, 1995..................... Initial Briefs Filed. July 31, 1995.................... BPA Final Record of Decision. [[Page 11963]] The schedule for extension of current rates assumes that the Administrator will waive any procedural rules relating to filing a Draft Record of Decision. BPA also will be conducting public field hearings. A field hearing schedule will be announced at the Prehearing Conference. A notice of the dates, times, and locations of the field hearings will be made later through a Federal Register Notice, mailings, and public advertising. ADDRESSES: Written comments by participants must be received by June 16, 1995, to be considered in the Draft Record of Decision (ROD). Written comments should be submitted to the Manager, Corporate Communications--CK; Bonneville Power Administration; P.O. Box 12999; Portland, Oregon 97212. FOR FURTHER INFORMATION CONTACT: Mr. Michael Hansen, Public Involvement and Information Specialist, at the address listed immediately above, (503) 230-4328 or call toll-free 1-800-622-4519. Information also may be obtained from: Mr. Steve Hickok; Group Vice President, Sales and Customer Service; P.O. Box 3621; Portland, OR 97232 (503-230-5356). Mr. George Eskridge; Manager, SE Sales and Customer Service District; 1101 W. River, Suite 250; Boise, ID 83702 (208-334-9137). Mr. Ken Hustad; Manager, NE Sales and Customer Service District; Crescent Court, Suite 500; 707 Main; Spokane, WA 99201 (509-353-2518). Ms. Ruth Bennett; Manager, SW Sales and Customer Service District; 703 Broadway; Vancouver, WA 98660 (360-418-8600). Ms. Marg Nelson; Manager, NW Sales and Customer Service District; 201 Queen Anne Ave. N., Suite 400; Seattle, WA 98109-1030 (206-216-4272). Responsible Official: Mr. Geoff Moorman, Manager for Pricing, Marginal Cost and Ratemaking, is the official responsible for the development of BPA's rates. Mr. Dennis Metcalf, BPA Transmission Team Lead, is the official responsible for the development of BPA's transmission terms and conditions. SUPPLEMENTARY INFORMATION: Table of Contents I. Background. II. Procedures Governing Rate Adjustments and Public Participation. I. Background On February 13, 1995, BPA held a Prehearing Conference in its 1995 Wholesale Power Rates, Transmission Rates and Transmission Terms and Conditions Proceedings, presided over by Hearing Officers Keith Callow and Helen Edwards. At the time the Prehearing Conference was held, the Federal Register Notice announcing the Prehearing Conference had not yet been published in the Federal Register. Thus, some potential parties had not had adequate notice and opportunity to intervene, nor had parties had opportunity to file oppositions to interventions. In addition, the noticed Prehearing Conference was intended for the Hearing Officers to set the schedule for the proceedings. At the Prehearing Conference, BPA tendered its proposed schedule, which is reprinted in this Federal Register Notice. The parties, however, believed that the schedule was inadequate. As a compromise, it was suggested that additional meetings, including an additional on-the- record Prehearing/Settlement Conference be scheduled to address both scheduling and intervention issues. The Hearing Officers endorsed this compromise, and the schedule for interventions and the March 15, 1995, Prehearing/Settlement Conference noted above is the result. Prior to the February 13, 1995, Prehearing Conference, BPA prepared a Draft Service List for adoption by the Hearing Officers, based on interventions received by February 13. The Hearing Officers conditionally allowed interventions received by February 13, subject to objections by parties filed by March 9, 1995, as noted in the schedule above. Additional persons wishing to intervene may do so by filing a petition by March 6, 1995, with service to all parties on the Draft Service List, which may be obtained by contacting: Francis (Jamie) Troy, Hearing Clerk--LQ, Bonneville Power Administration, 905 NE. 11th Ave., P.O. Box 12999, Portland, Oregon 97212, (503) 230-4201. In addition, the Hearing Officers adopted two procedural orders which also may be obtained from Mr. Troy, the first adopting Special Rules of Practice for the Proceedings and the second addressing Rules for Document Numbering. To aid BPA in providing the notice required under the ex parte rules, the Hearing Officers have ruled that each party must provide BPA with either an internal E-mail address or a Fax number for service of notices. Additional parties planning to intervene should also provide either an internet E-mail address or Fax number for service of documents. II. Procedures Governing Rate Adjustments and Public Participation Section 7(i) of the Northwest Power Act, 16 U.S.C. 839e(i), requires that BPA's rates be established according to certain procedures. These procedures include, among other things, issuance of a Federal Register Notice announcing the proposed rates; one or more hearings; the opportunity to submit written views, supporting information, questions, and arguments; and a decision by the Administrator based on the record. This proceeding will be governed by BPA's rules for general rate proceedings, Sec. 1010.9 of BPA's Procedures, due to the importance and complexity of the issues involved. These Procedures implement the statutory section 7(i) requirements. Section 1010.7 of the Procedures prohibits ex parte communications. BPA's Procedures distinguish between ``participants in'' and ``parties to'' the hearings. Apart from the formal hearing process, BPA will receive comments, views, opinions, and information from ``participants,'' who are defined in the Procedures as any person who may express views, but who does not petition successfully to intervene as a party. Participants' written comments will be made part of the official record of the case and considered by the Administrator. The participant category gives the public the opportunity to participate and have its views considered without assuming the obligations incumbent upon ``parties.'' Participants are not entitled to participate in the Prehearing Conference, cross-examine parties' witnesses, seek discovery, or serve or be served with documents, and are not subject to the same procedural requirements as parties. Written comments by participants will be included in the record if they are received by June 16, 1995. This date is anticipated to follow the submission of BPA's and all other parties' direct cases. Written views, supporting information, questions, and arguments should be submitted to BPA's Manager of Corporate Communications, at the address listed in the Summary section of this Notice, above. In addition, BPA will hold several field hearings in the Pacific Northwest Region. Participants may appear at the field hearings and present oral testimony. The transcripts of these hearings will be a part of the record upon which the Administrator makes the rate decision. The second category of interest is that of a ``party'' as defined in Sec. 1010.2 and 1010.4 of BPA's Procedures. Parties may [[Page 11964]] participate in any aspect of the hearing process. Persons wishing to become a formal ``party'' to BPA's rate proceeding must notify the Hearing Officer and BPA in writing of their request. Petitions to intervene shall state the name and address of the person and the person's interests in the outcome of the hearing. Petitioners may designate no more than two representatives upon whom service of documents will be made. BPA customers and customer groups whose rates are subject to revision in the hearing will be granted intervention based on a petition filed in conformance with this section. Other petitioners must explain their interests in sufficient detail to permit the Hearing Officer to determine whether they have a relevant interest in the hearing. Intervention Petitions will be available for inspection in BPA's Public Information Center; 1st Floor; 905 NE. 11th; Portland, Oregon. Any opposition to a Petition to Intervene must be filed with the Hearing Officer and served on all parties by March 9, 1995. All timely applications will be ruled on by the Hearing Officer. Late interventions are strongly disfavored and may not be accepted. Opposition to an untimely Petition to Intervene shall be filed and served within two days after service of the petition. Interventions are subject to Sec. 1010.4 of BPA's Procedures. Because of the complexity of the issues in this rate case, in part occasioned by continuing contract negotiations between BPA and its customers, as well as BPA's ``reinvention'' and Competitiveness Project, BPA anticipates that it will need to meet with customers and other interested third parties during the rate case on a very frequent, and possibly extended, basis. To comport with the rate case procedural rule prohibiting ex parte communications, BPA will provide necessary notice of meetings involving rate case issues for participation by all rate case parties. Parties should be aware, however, that such meetings may be held on very short notice and they should be prepared to devote the necessary resources to participate fully in every aspect of the rate proceeding. Consequently, parties should be prepared to attend meetings every day during the course of the rate case. Issued in Portland, Oregon on February 24, 1995. Randall W. Hardy, Administrator and Chief Executive Officer. [FR Doc. 95-5176 Filed 3-2-95; 8:45 am] BILLING CODE 6450-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-5176. Public record. Not legal advice.