General Eligibility Criteria for the Proposed Allocation Procedures and Call for Applications, Post-2000 Resource PoolPick- Sloan Missouri Basin Program, Eastern Division

DEPARTMENT OF ENERGY

Western Area Power Administration

General Eligibility Criteria for the Proposed Allocation

Procedures and Call for Applications, Post-2000 Resource Pool--Pick-

Sloan Missouri Basin Program, Eastern Division

AGENCY: Western Area Power Administration, DOE.

ACTION: Notice of clarification, response to comments and Call for

additional applications.

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SUMMARY: The purpose of this notice is to respond to comments regarding

Section III, General Allocation Criteria, Paragraph E and to clarify

the Post 2000 Resource Pool Allocation Procedures in order to more

fully fulfill the intent of the Energy Planning and Management Program

(Program). All of the comments received concerning the use of Mid-

Continent Area Power Pool (MAPP) data trends to adjust applicant load

data in applying Post 1985 Marketing Criteria suggested that the

Western Area Power Administration (Western) not do so. Therefore,

Western is proposing to not use MAPP data trends to adjust the 1994-

1995 load data in determining allocations for utility and nonutility

applicants. These clarifications are intended to ensure all entities

are provided an opportunity to apply for an allocation of the resource

pool created by the Program. Any new applications, consisting of a

letter of interest and Applicant Profile Data (APD), will be considered

in accordance with the January 29, 1996, Federal Register Notice (61 FR

2817), as amended herein.

DATES: All written comments must be sent to the Upper Great Plains

Acting Regional Manager so that they are received 30 days from date of

publication. A letter of interest and APD must be sent by certified or

return receipt requested U.S. mail to the Upper Great Plains Acting

Regional Manager so that it is received 30 days from date of

publication

SUPPLEMENTARY INFORMATION: Western, a Federal power marketing agency of

the Department of Energy, published on January 29, 1996, in the Federal

Register (61 FR 2817), a notice of

[[Page 28575]]

proposed procedures to implement subpart C-Power Marketing Initiative

of the Energy Planning and Management Program Final Rule, 10 CFR part

905 (60 FR 54151). The 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. These proposed procedures, in conjunction

with the Pick-Sloan Missouri Basin Program Eastern Division (PSMBP--ED)

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 PSMBP--ED. The comment period

on the proposed procedures and call for applications was extended to

April 8, 1996, by a notice published in the Federal Register on March

8, 1996 (61 FR 9449).

Before developing final allocation procedures, Western has

determined that it is appropriate to address certain comments and

clarify features in the initial Federal Register notice. Western has

determined that these proposed clarifications are in the best interest

of the public and that they will not have the effect of excluding

current applicants. Based on these clarifications, Western is providing

another opportunity for comment and call for applications to entities

which did not apply based upon the earlier notice. Those entities that

have previously commented or applied for firm power need not resubmit

or reapply.

I. Responses and Clarification of Terms

As a result of comments received during the comment period and need

for clarification of terms, the proposed Post 2000 Resource Pool

Allocation Procedures and Call for Applications, Post-2000 Resource

Pool--PSMBP--ED in Federal Register 61 FR 2817 has been amended as

follows:

1. Section II, General Eligibility Criteria, Paragraph A should

read ``All qualified applicants must be preference entities in

accordance with section 9(c) of the Reclamation Project Act of 1939, 43

U.S.C. 485h(c), as amended and supplemented.''

2. Section II, General Eligibility Criteria, Paragraph B should

read ``All qualified applicants must be located within the currently

established PSMBP--ED marketing area.''

3. Section II, General Eligibility Criteria, Paragraph C should

read ``All qualified applicants must not be currently receiving

benefits, directly or indirectly, from a current PSMBP--ED firm power

allocation. Qualified Native American applicants are not subject to

this requirement.''

4. Section II, General Eligibility Criteria, Paragraph D should

read ``Qualified utility and nonutility applicants must be able to use

the firm power directly or be able to sell it directly to retail

customers.''

5. Section II, General Eligibility Criteria, Paragraph E should

read ``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.''

6. Section III, General Allocation Criteria, Paragraph E should

read ``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.''

7. Section III, General Allocation Criteria, Paragraph J should

read ``The maximum allocation for qualified utility and nonutility

applicants shall be 5,000 kilowatts (kW).''

8. Section V, Applications for Firm Power, Paragraph B.1.b.i.

should read ``Utility and nonutility applicants:''

9. Section V, Applications for Firm Power, Paragraph B.1.b.i.(1)

should read ``If applicable, number and type of customers served; i.e.,

residential, commercial, industrial, military base, agricultural.''

ADDRESSES: All written comments and Applicant Profile Data should be

directed to the following address: Mr. Gerald C. Wegner, Acting

Regional Manager, Upper Great Plains Customer Service Region, Western

Area Power Administration, Post Office Box 35800, Billings, MT 59107-

5800.

FOR FURTHER INFORMATION CONTACT: Robert J. Harris, Power Marketing

Manager, Upper Great Plains Customer Service Region, Western Area Power

Administration, Post Office Box 35800, Billings, MT 59107-5800, (406)

247-7394.

Issued at Golden, Colorado, May 22, 1996.

J. M. Shafer,

Administrator.

[FR Doc. 96-14055 Filed 6-4-96; 8:45 am]

BILLING CODE 6450-01-P