# General Eligibility Criteria for the Proposed Allocation Procedures and Call for Applications, Post-2000 Resource PoolPick- Sloan Missouri Basin Program, Eastern Division > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-14055 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 5, 1996 - **Citation:** 61 FR 28574 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-14055. Public record. Not legal advice.