[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Proposed Rules]
[Page 46570-46572]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-20]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Western Area Power Administration
10 CFR Part 905
RIN 1901-AB24
Energy Planning and Management Program; Integrated Resource
Planning Approval Criteria
AGENCY: Western Area Power Administration, Department of Energy (DOE).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Western Area Power Administration (Western) is proposing
changes to current regulations that require customers to prepare
integrated resource plans (IRP). Western is proposing to facilitate
public review of customer IRPs by making them more readily available,
such as by posting customer IRPs on Western's external Web site.
Western is also proposing language to encourage participation in
regional IRPs by customers who may not be members of a member-based
association (MBA). Finally, Western proposes to modify the requirement
that each member of an MBA approve the IRP. Publication of this Federal
Register notice begins the formal process for the proposed regulation
revisions.
DATES: The comment period begins today and will end November 19, 2007.
Western will present a detailed explanation of the proposed revisions
to its current regulations and accept oral and written comments at a
joint public information and public comment forum. The public forum
will be held on the following date: September 6, 2007, 1 p.m. MDT,
Denver, CO. Western will accept written comments any time during the
comment period.
ADDRESSES: Send written comments to Ron Horstman, Energy Services
Specialist, Western Area Power Administration, P.O. Box 281213,
Lakewood, CO 80228-8213. Comments may be sent by fax to (720) 962-7427
or by electronic mail to horstman@wapa.gov. Western will post
information about the public process on its Web site at http://www.wapa.gov.
Western will post official comments received via letter
and e-mail to its Web site after the close of the comment period.
Western must receive written comments by the end of the comment period
to ensure they are considered in Western's decision process.
The public forum location will be the Radisson Hotel Denver
Stapleton Plaza, 3333 Quebec Street, Denver, Colorado 80207.
FOR FURTHER INFORMATION CONTACT: Project manager-Ron Horstman, (720)
962-7419, e-mail horstman@wapa.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction and Discussion of Proposal
Section 114 of the Energy Policy Act of 1992 (EPAct), Public Law
102-486, amended the Hoover Power Plant Act of 1984 (42 U.S.C. 7275-
7276) to require integrated resource planning by Western's customers.
Western implemented section 114 of EPAct through completion of the
Energy Planning and Management Program (Program) in October 1995. 60 FR
54151 (October 20, 1995). The Program was revised in March of 2000 to
allow customers more alternatives in meeting the IRP requirements. 65
FR 16789 (March 30, 2000). Western's current regulations are published
in the Code of Federal Regulations at 10 CFR part 905.
Western is proposing to revise its IRP rule pursuant to 10 CFR
905.24, which allows Western at appropriate intervals to initiate a
public process to review and revise its regulations. Specifically,
Western is proposing to change its IRP regulations in three respects.
The first proposed change is to the public participation requirement
under 10 CFR 905.11 (b)(4). Given the large number of members of some
MBAs and the diversity of the member's interests, Western proposes to
eliminate the requirement that members of an MBA unanimously approve
the IRP (10 CFR 905.11(b)(4)(i) ). Instead, Western proposes to require
approval only by the governing body of an MBA, which serves the
interests of each MBA member through the member's representation on the
MBA board. Western is proposing no other changes to the full public
participation requirement in section 905.11(b)(4).
Secondly, Western is proposing to add a paragraph to section
905.12(b) to encourage cooperation among customers in the preparation
of regional IRPs by clarifying that such a regional approach is
acceptable, with advance approval by Western, even if the participating
[[Page 46571]]
customers are not members of an MBA. Collaboration on transmission
projects through a regional planning approach is particularly
appropriate.
Finally, consistent with the requirement for full public
participation in the preparation, development, revision or amendment of
an IRP, Western proposes to make current customer IRPs more readily
available to the public, such as by posting such documents on Western's
external Web site. Customers may continue to request confidential
treatment of sensitive information covered by an exemption in the
Freedom of Information Act when the IRP is filed with Western. If
Western agrees, the sensitive information will be redacted and not
released. This proposal is in response to feedback from interested
parties that IRPs prepared by Western's customers are more difficult to
obtain than investor-owned utility IRPs. Western is proposing to
clarify its ability to release customer IRPs in section 905.23.
II. Procedural and Regulatory Review Requirements
A. Review Under Executive Order 12866
Western has an exemption from centralized regulatory review under
Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR 51735
(October 4, 1993). Accordingly, this notice of proposed rulemaking was
not reviewed by OMB under the Executive Order.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.)
requires Federal agencies to perform a regulatory flexibility analysis
if a final rule is likely to have a significant economic impact on a
substantial number of small entities and there is a legal requirement
to issue a general notice of proposed rulemaking. The proposed rule
would make a change to the process of approving IRPs; encourage
cooperation among customers by clarifying that a regional approach
including non-members may be approved by Western; and provide for
making customer IRPs more readily available to the public, such as by
posting on Western's Web site. Western is proposing no new substantive
requirements, and the proposed rule, if promulgated as a final rule,
would not have a significant economic impact on any entity. On this
basis, Western's Administrator has certified that the proposed rule
would have no significant economic impact on a substantial number of
small entities.
C. Review Under the Paperwork Reduction Act
No new information or record keeping requirements are imposed by
this rulemaking. Accordingly, no OMB clearance is required under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
In compliance with the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321, et seq.); the Council on Environmental Quality
Regulations for implementing NEPA (40 CFR parts 1500-1508); and DOE
NEPA Implementing Procedures and Guidelines (10 CFR part 1021), Western
has determined this action is categorically excluded from preparing an
environmental assessment or an environmental impact statement. This
rulemaking would amend an existing regulation without changing the
environmental effect of the regulation being amended and, therefore, is
covered under the Categorical Exclusion in paragraph A5 to subpart D,
10 CFR part 1021. Accordingly, neither an environmental assessment nor
an environmental impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism'' (64 FR 43255, August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations (65 FR 13735). Western has examined today's proposed rule
and has determined that it does not preempt State law and does not have
a substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform'' (61 FR 4729, February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 12988 specifically requires that Federal agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Federal agencies to determine whether the regulations meet the
applicable standards in section 3(a) and section 3(b), or it is
unreasonable to meet one or more of them. Western has completed the
required review and determined that, to the extent permitted by law,
this proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to assess the effects of a Federal
regulatory action on State, local, and tribal governments, and the
private sector. Western has determined that today's regulatory action
does not impose a Federal mandate on State, local or tribal governments
or on the private sector.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, Western has
concluded
[[Page 46572]]
that it is not necessary to prepare a Family Policymaking Assessment.
I. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by the Office of
Management and Budget (OMB). OMB's guidelines were published at 67 FR
8452 (February 22, 2002), and DOE's guidelines were published at 67 FR
62446 (October 7, 2002). Western has reviewed today's notice under the
OMB and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
J. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), requires Federal agencies to prepare and submit
to the Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as: (1) Any action by an agency that promulgated or is expected to lead
to promulgation of a final rule; (2) is a significant regulatory action
under Executive Order 12866, or any successor order; and (3) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy, or is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's regulatory
action is not a significant energy action. Accordingly, Western has not
prepared a Statement of Energy Effects.
III. Public Comment Procedures
Interested persons are invited to participate by submitting data,
views, or arguments with respect to the proposed amendments to part 905
set forth in this notice. Written comments should be submitted to the
address indicated in the ADDRESSES section of this notice. All
brochures, studies, comments, letters, memorandums, or other documents
that Western initiates or uses to develop the proposed regulation
revisions are available for inspection and copying at Western's
Corporate Services Office in Lakewood, Colorado. Many of these
documents and supporting information are also available on Western's
Web site located at http://www.wapa.gov.
Any information that a commenter considers to be confidential must
be so identified and submitted in writing, one copy only. Western
reserves the right to determine the appropriateness of confidential
status for the information and to treat it in accordance with its
determination.
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved the publication of today's
proposed rule.
List of Subjects in 10 CFR Part 905
Electric power, Electric utilities, Energy, Energy conservation,
Hydroelectric power and utilities, Reporting and recordkeeping
requirements.
Dated: August 6, 2007.
Timothy J. Meeks,
Administrator.
For the reasons set forth in the supplementary information section,
10 CFR part 905 is proposed to be amended as set forth below.
PART 905--ENERGY PLANNING AND MANAGEMENT PROGRAM
1. The authority citation is revised to read as follows:
Authority: 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c.
Sec. 905.11 [Amended]
2. Section 905.11(b)(4)(i) is amended by removing ``and each MBA
member (such as a board of directors or city council)''; and by
removing ``included or referred to in the IRP''.
3. Section 905.12 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 905.12 How must IRPs be submitted?
(b) * * *
(4) Customers may work together to develop and submit regional
IRPs. Customers who wish to submit regional IRPs must first obtain
approval by Western to do so. Regional IRPs must be approved
individually by each participating customer prior to submittal of the
IRP to Western.
* * * * *
4. Section 905.23 is revised to read as follows:
Sec. 905.23 What are the opportunities for using the Freedom of
Information Act to request data?
IRPs, small customer plans, minimum investment reports, public
benefits reports, and EE/RE reports and associated data submitted to
Western are subject to the Freedom of Information Act (FOIA) and may be
made available to the public upon request. Customers may request
confidential treatment of all or part of a submitted document under
applicable FOIA exemptions. Western's FOIA Officer will make his/her
own determination whether particular information is exempt from public
access. Western will not disclose to the public information it has
determined to be exempt from disclosure under FOIA. Western will make
customer IRPs available to the public, such as through posting them on
Western's external Web site, subject to the same confidentiality
determinations made in response to FOIA requests.
[FR Doc. E7-16477 Filed 8-20-07; 8:45 am]
BILLING CODE 6450-01-P