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Notice2024-26242

Proposed Modifications to Open Access Transmission Tariff; Public Hearing and Opportunities for Public Review and Comment

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Published

November 13, 2024

Issuing agencies

Energy DepartmentBonneville Power Administration

Abstract

Bonneville is initiating a proceeding pursuant to Bonneville's open access transmission tariff (Tariff) and the Federal Power Act to modify the non-rate terms and conditions for transmission, ancillary, and interconnection services in the Tariff. The proposed modifications will be effective on October 1, 2025. Bonneville has designated this proceeding Docket No. TC-26.

Full Text

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<title>Federal Register, Volume 89 Issue 219 (Wednesday, November 13, 2024)</title>
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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89622-89625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26242]

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DEPARTMENT OF ENERGY

Bonneville Power Administration

[BPA File No.: TC-26]

Proposed Modifications to Open Access Transmission Tariff; Public
Hearing and Opportunities for Public Review and Comment

AGENCY: Bonneville Power Administration (Bonneville), Department of
Energy (DOE).

ACTION: Notice of public hearing and opportunity to review and comment.

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SUMMARY: Bonneville is initiating a proceeding pursuant to Bonneville's
open access transmission tariff (Tariff) and the Federal Power Act to
modify the non-rate terms and conditions for transmission, ancillary,
and interconnection services in the Tariff. The proposed modifications
will be effective on October 1, 2025. Bonneville has designated this
proceeding Docket No. TC-26.

DATES:
Prehearing Conference: The prehearing conference in the TC-26
proceeding will be held on November 15, 2024, at 2:00 p.m. The
Addresses section of this notice provides details on participating in
the prehearing conference.
Intervention: Petitions to intervene in the TC-26 proceeding must
be filed on Bonneville's secure website no later than 4:30 p.m. on
December 3, 2024. Part III of this notice, ``Public Participation in
TC-26,'' provides details on requesting access to the secure website
and filing a petition to intervene.
Participant Comments: Written comments by non-party participants
must be received by December 5, 2024, to be considered in the Hearing
Officer's recommended decision and the Administrator's Record of
Decision (ROD). See Part III of this notice for more information about
submitting participant comments.

ADDRESSES:
Prehearing Conference: The prehearing conference in the TC-26
proceeding will be held in the Bonneville Rates Hearing Room, 1201 NE
Lloyd Boulevard, Suite 200, Portland, Oregon 97232. Interested parties
may attend in person or participate virtually via WebEx. The WebEx
information will be available on Bonneville's TC-26 tariff proceeding
web page at <a href="https://www.bpa.gov/tc26">https://www.bpa.gov/tc26</a> or from the Hearing Clerk at
<a href="/cdn-cgi/l/email-protection#b5e1f68783d6d9d0c7def5d2d8d4dcd99bd6dad8">[email&#160;protected]</a>.
Intervention: Anyone intending to become a party to the TC-26
tariff proceeding must file a petition to intervene on Bonneville's
secure website. Petitions to intervene may be filed beginning on the
date of publication of this notice and are due no later than 4:30 p.m.
on December 3, 2024. Part III of this notice, ``Public Participation in
TC-26,'' provides details on requesting access to the secure website
and filing a petition to intervene.
Participant Comments: Written comments by non-party participants
may be submitted through Bonneville's website at <a href="http://www.bpa.gov/comment">www.bpa.gov/comment</a> or
by hard copy to: BPA Public Involvement, Bonneville Power
Administration, P.O. Box 14428, Portland, Oregon 97293. Part III of
this notice, ``Public Participation in TC-26,'' provides details on
submitting participant comments.

FOR FURTHER INFORMATION CONTACT: Elissa Haley, DKS-7, BPA
Communications, Bonneville Power Administration, P.O. Box 14428,
Portland, Oregon 97293; by phone toll-free at 1-800-622-4519; or by
email to <a href="/cdn-cgi/l/email-protection#ed8883858c818894ad8f9d8cc38a829b">[email&#160;protected]</a>.
The Hearing Clerk for this proceeding can be reached via email at
<a href="/cdn-cgi/l/email-protection#e9bdaadbdf8a858c9b82a98e84888085c78a8684">[email&#160;protected]</a> or via telephone at (503) 479-8506.
Please direct questions regarding Bonneville's secure website to
the Hearing Coordinator via email at <a href="/cdn-cgi/l/email-protection#b3d0c4d4c1dad5d5d6ddf3d1c3d29dd4dcc5">[email&#160;protected]</a> or, if the
question is

[[Page 89623]]

time-sensitive, via telephone at (503) 230-5107.
Responsible Official: Brian McConnell, Manager of Transmission
Tariff, Rates, and Regulatory Activities, is the official responsible
for the development of Bonneville's open access transmission tariff.

SUPPLEMENTARY INFORMATION:

Table of Contents

Part I--Introduction and Procedural Matters
Part II--Scope of TC-26 Tariff Proceeding
Part III--Public Participation in TC-26
Part IV--Summary of Proposed Modifications to Bonneville's Tariff
Part V--Proposed Tariff

Part I--Introduction and Procedural Matters

A. Introduction and Procedural Background

The Bonneville Project Act of 1937, as reaffirmed in the Pacific
Northwest Electric Power Planning and Conservation Act, grants the
Bonneville Administrator broad authority to enter into contracts upon
such terms and conditions and in such manner as the Bonneville
Administrator may deem necessary. Bonneville's Tariff provides the
generally applicable terms and conditions for transmission and
interconnection service across the Federal Columbia River Transmission
System (FCRTS). Section 9 of the Tariff provides that the Bonneville
Administrator may use the procedures set forth in section 212(i)(2)(A)
of the Federal Power Act to establish and modify non-rate terms and
conditions of the Tariff. The section 212(i)(2)(A) procedures include
giving notice in the Federal Register and conducting a hearing that
adheres to the procedural requirements of paragraphs (1) through (3) of
section 7(i) of the Northwest Power Act, 16 U.S.C. 839e(i) (the same
procedures Bonneville uses to set rates). In accordance with these
procedures, the Hearing Officer conducts one or more hearings as
expeditiously as practicable to develop a full and complete record.
Unless the Hearing Officer becomes unavailable to Bonneville, upon
conclusion of the hearing, the Hearing Officer shall make a recommended
decision to the Bonneville Administrator, and the Bonneville
Administrator then makes a separate and final determination to
establish or modify the Tariff terms and conditions (discussed further
in Part III, Section C of this notice).
Bonneville's Rules of Procedure govern the TC-26 tariff proceeding.
The rules are posted on Bonneville's website at <a href="https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/rules-of-procedure-revision-process">https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/rules-of-procedure-revision-process</a>.

B. Proposed Settlement for Modifications to the Tariff

Starting in late August, Bonneville engaged its transmission and
interconnection customers and stakeholders in an attempt to reach
settlement of the modifications to the Tariff for the TC-26 tariff
proceeding. These discussions have resulted in the TC-26 Settlement
Agreement, which includes the proposed Tariff modifications Bonneville
is proposing to adopt in the TC-26 tariff proceeding, and a BP-26
Partial Rates Settlement Agreement, which includes the terms of the
Generator Interconnection Withdrawal Charge that Bonneville is
proposing to adopt in the separate Power and Transmission Rate
Adjustment hearing (BP-26 proceeding).
On October 1, 2024, Bonneville posted the TC-26 Settlement
Agreement and the BP-26 Partial Rates Settlement Agreement on
Bonneville's website and set a deadline of October 15, 2024, for
customers and stakeholders to inform Bonneville of any objections to
the settlement agreements. Bonneville did not receive any objections by
the deadline. A summary of Bonneville's proposed Tariff modifications
is provided in Part IV of this notice. A link to the TC-26 Settlement
Agreement and proposed Tariff are provided in Part V.
The TC-26 Settlement Agreement calls for Bonneville to file a
motion with the Hearing Officer to establish a deadline for parties to
either object to the proposed settlement or waive the right to contest
the settlement. If no parties object to the settlement by the deadline
set by the Hearing Officer, Bonneville's motion would request the
Hearing Officer to issue a decision recommending the Bonneville
Administrator adopt the TC-26 Settlement Agreement. Bonneville intends
to file its motion soon after the TC-26 prehearing conference.
If a party objects to the TC-26 Settlement Agreement or objects to
the BP-26 Partial Rates Settlement Agreement in the BP-26 proceeding,
Bonneville will notify all parties and decide how to proceed.

C. Proposed Procedural Schedule

A proposed schedule for the proceeding is provided below. The
proposed schedule assumes there are no objections to the proposed
settlement in the TC-26 tariff proceeding. The official schedule will
be established by the Hearing Officer and may be amended by the Hearing
Officer as needed during the proceeding.

Prehearing Conference--November 15, 2024
BPA Files Initial Proposal--November 22, 2024
Deadline for Petitions to Intervene--December 3, 2024
Deadline for Objections to Settlement Agreement--December 5, 2024
Close of Participant Comments--December 5, 2024
Hearing Officer's Recommended Decision Issued--January 10, 2025
Final ROD--February 26, 2025

D. Ex Parte Communications

Section 1010.5 of the Rules of Procedure prohibits ex parte
communications. Ex parte communications include any oral or written
communication (1) relevant to the merits of any issue in the
proceeding; (2) that is not on the record; and (3) with respect to
which reasonable prior notice has not been given. The ex parte rule
applies to communications with all Bonneville and DOE employees and
contractors, the Hearing Officer, and the Hearing Clerk during the
proceeding. Except as provided, any communications with persons covered
by the rule regarding the merits of any issue in the proceeding by
other Executive Branch agencies, Congress, existing or potential
Bonneville customers, nonprofit or public interest groups, or any other
non-DOE parties are prohibited. The rule explicitly excludes and does
not prohibit communications (1) relating to matters of procedure; (2)
otherwise authorized by law or the Rules of Procedure; (3) from or to
the Federal Energy Regulatory Commission (Commission); (4) that all
litigants agree may be made on an ex parte basis; (5) in the ordinary
course of business, about information required to be exchanged under
contracts, or in information responding to a Freedom of Information Act
request; (6) between the Hearing Officer and Hearing Clerk; (7) in
meetings for which prior notice has been given; or (8) otherwise
specified in section 1010.5(b) of the Rules of Procedure. The ex parte
rule is effective upon publication of this FRN and remains in effect
until the Bonneville Administrator's Final ROD is issued.

Part II--Scope of the TC-26 Tariff Proceeding

The TC-26 tariff proceeding involves the proposed modifications to
Bonneville's Tariff described in Part IV. This section provides
guidance to the Hearing Officer regarding the specific issues that are
outside the scope of the TC-26 tariff proceeding. In addition to the
issues specifically listed below, any other issue that is not a Tariff
term or

[[Page 89624]]

condition issue is outside the scope of this proceeding.
Bonneville may revise the scope of the proceeding to include new
issues that arise as a result of circumstances or events occurring
outside the proceeding that are substantially related to the Tariff
terms and conditions under consideration in the proceeding. See Rules
of Procedure section 1010.4(b)(8)(iii), (iv). If Bonneville revises the
scope of the proceeding to include new issues, Bonneville will provide
public notice on its website, present testimony or other information
regarding such issues, and provide a reasonable opportunity to
intervene and respond to Bonneville's testimony or other information.
Id.

A. Business Practices

Bonneville's business practices provide implementation details for
the Tariff and are outside the scope of the TC-26 tariff proceeding.
Bonneville's decisions regarding business practices are determined in
other forums and follow the procedures in Bonneville's Business
Practice Process. If business practices are developed for the proposed
terms and conditions in this proceeding, such development will occur
outside the terms and conditions proceeding. Pursuant to section
1010.4(b)(8) of the Rules of Procedure, the Bonneville Administrator
directs the Hearing Officer to exclude from the record all argument,
testimony, or other evidence that proposes or challenges Bonneville's
current and future business practices.

B. Customer-Specific Contracts and Disputes

Contracts and contract disputes between Bonneville and its
customers are outside the scope of the TC-26 tariff proceeding.
Pursuant to section 1010.4(b)(8) of the Rules of Procedure, the
Bonneville Administrator directs the Hearing Officer to exclude from
the record all argument, testimony, or other evidence related to
contracts and contract disputes of Bonneville customers.

C. Oversupply Management Protocol

The Oversupply Management Protocol (Tariff Attachment P) includes
the Tariff requirements and procedures used to moderate total dissolved
gas levels in the Columbia River to protect endangered fish and other
aquatic species. Bonneville does not propose to modify the terms of the
Oversupply Management Protocol in the TC-26 tariff proceeding. Pursuant
to section 1010.4(b)(8) of the Rules of Procedure, the Bonneville
Administrator directs the Hearing Officer to exclude from the record
all argument, testimony, or other evidence related to the terms of the
Oversupply Management Protocol (Tariff Attachment P), including whether
the Oversupply Management Protocol complies with orders of the
Commission; whether Bonneville took all actions to avoid using the
Oversupply Management Protocol, including the payment of negative
prices to generators outside of Bonneville's balancing authority area;
and issues concerning the rates for recovering the costs of the
Oversupply Management Protocol.

D. Program Cost Estimates

Bonneville's projections of its program costs and spending levels
are not determined in terms and conditions proceedings and are outside
the scope of the TC-26 tariff proceeding. These projections are
determined by Bonneville in other forums, such as the Integrated
Program Review public process, with input from stakeholders. Pursuant
to section 1010.4(b)(8) of the Rules of Procedure, the Bonneville
Administrator directs the Hearing Officer to exclude from the record
all argument, testimony, or other evidence that challenges the
appropriateness or reasonableness of the Bonneville Administrator's
decisions on costs and spending levels.

E. Rates

Pursuant to Bonneville's statutes, it must set rates to recover
costs associated with providing power and transmission services. In
addition to and concurrent with this proceeding, Bonneville is holding
a separate BP-26 proceeding regarding the proposed fiscal year 2026-
2028 power and transmission, ancillary, and control area services
rates. Bonneville's decisions regarding rates are outside the scope of
the TC-26 tariff proceeding. Pursuant to section 1010.4(b)(8) of the
Rules of Procedure, the Bonneville Administrator directs the Hearing
Officer to exclude from the record all argument, testimony, or other
evidence related to rates, or that challenges the appropriateness or
reasonableness of the Bonneville Administrator's decisions on rates or
seeks in any way to propose revisions to the rates, including rate
schedules, rate schedule provisions, rate designs, rate methodologies,
rate forecasts, interest expense and credit, Treasury repayment
schedules, non-Federal debt repayment schedules, revenue financing,
calculation of depreciation and amortization expense, forecasts of
system replacements used in repayment studies, transmission acquisition
expenses incurred by Power Services, generation acquisition expenses,
minimum required net revenue, increase in, or the use of, financial
reserves, and the costs of risk mitigation actions resulting from the
expense and revenue uncertainties included in the risk analysis.
In this proceeding, Bonneville is proposing to modify the Tariff
terms and conditions to include a ``Withdrawal Charge'' as discussed in
Part IV below. In order to implement the ``Withdrawal Charge,''
Bonneville is proposing to adopt a general rate schedule provision that
establishes the amount of the proposed ``Generator Interconnection
Withdrawal Charge'' and other details about the applicability of the
charge in the BP-26 proceeding.
The exclusion in this section does not extend to limited testimony
or evidence acknowledging that Bonneville has proposed adoption of
``Generator Interconnection Withdrawal Charge'' in the BP-26
proceeding.

Part III--Public Participation in TC-26

A. Interventions

Any entity or person intending to become a party in the TC-26
tariff proceeding must file a petition to intervene through
Bonneville's secure website, <a href="https://proceedings.bpa.gov/">https://proceedings.bpa.gov/</a>. Because
Bonneville is introducing a new secure website interface, all
prospective users must create a new user account to submit an
intervention. The secure website contains a link to the user guide,
which provides step-by-step instructions for creating user accounts,
submitting filings, and uploading interventions. Please contact the
Hearing Coordinator via email at <a href="/cdn-cgi/l/email-protection#96f5e1f1e4fff0f0f3f8d6f4e6f7b8f1f9e0">[email&#160;protected]</a> or, if the question
is time-sensitive, via telephone at (503) 230-5107, with any questions
regarding the registration and submission process.
All petitions to intervene must be submitted through Bonneville's
secure website by the deadline in the procedural schedule adopted by
the Hearing Officer. Late interventions are strongly disfavored.
Petitions to intervene must conform to the format and content
requirements in sections 1010.6 and 1010.11 of Bonneville's Rules of
Procedure. Petitions must state the name and address of the entity or
person requesting party status and the entity or person's interest in
the hearing.
The Hearing Officer will rule on all petitions to intervene.
Bonneville customers and affiliated customer groups will be granted
intervention based on petitions filed in conformance with the Rules of
Procedure. Other petitioners must explain their interests in sufficient
detail to permit the Hearing

[[Page 89625]]

Officer to determine whether the petitioners have a relevant interest
in the hearing.
Bonneville or any party may oppose a petition to intervene. The
deadline for opposing a timely petition to intervene is two business
days after the deadline for filing the petition. Opposition to an
untimely petition to intervene must be filed within two business days
after service of the petition.

B. Participant Comments

Bonneville distinguishes between ``participants in'' and ``parties
to'' the TC-26 tariff proceeding. Separate from the formal hearing
process, Bonneville will accept written comments, views, opinions, and
information from participants who have not intervened in the TC-26
proceeding and been granted ``party'' status by the Hearing Officer.
Participants are not entitled to participate in the prehearing
conference; may not cross-examine parties' witnesses, seek discovery,
or serve or be served with documents; and are not subject to the same
procedural requirements as parties. Bonneville customers that will
receive transmission or interconnection service under the terms and
conditions of the Tariff, or their affiliated customer groups, may not
submit participant comments. Members or employees of organizations that
have intervened in the proceeding may submit participant comments as
private individuals (that is, not speaking for their organizations),
but may not use the comment procedures to address specific issues
raised by their intervener organizations.
Written comments by participants must be received by December 5,
2024, to be considered by the Hearing Officer and the Bonneville
Administrator. Participants should submit comments through Bonneville's
website at <a href="http://www.bpa.gov/comment">www.bpa.gov/comment</a> or in hard copy to: BPA Public
Involvement, Bonneville Power Administration, P.O. Box 14428, Portland,
Oregon 97293. All comments should contain the designation ``TC-26'' in
the subject line.

C. Developing the Record

The hearing record will include, among other things, the
transcripts of the hearing, written evidence and arguments entered into
the record by Bonneville and the parties, written comments from
participants, and other material accepted into the record by the
Hearing Officer. Upon conclusion of the hearing, the Hearing Officer
will develop a recommended decision for the Bonneville Administrator.
The Hearing Officer's recommended decision must be based on the record
and include the Hearing Officer's findings and conclusions, including
the reasons or bases thereof, on all material issues of fact, law, or
discretion raised by the parties in their initial briefs. The Hearing
Officer will review and certify the record to the Bonneville
Administrator for final decision.
The Bonneville Administrator will make a final determination
establishing or modifying Tariff terms and conditions based on the
record, the Hearing Officer's recommended decision, and such other
materials and information as may have been submitted to or developed by
the Bonneville Administrator. The Final ROD will be made available to
all parties.

Part IV--Summary of Proposed Modifications to Bonneville's Tariff

In this proceeding, Bonneville proposes to adopt, effective October
1, 2025, modifications to the non-rate Tariff terms and conditions
consistent with the Tariff attached to the TC-26 Settlement Agreement.
The TC-26 Settlement Agreement includes (1) changes to section 2 to
allow existing firm service transmission customers that requested a
term of five years or more to have the right to continue taking
transmission service from BPA when the customer's contract expires,
rolls over or is renewed; (2) clarifications in section 4 to align with
the current Attachment C, Methodology to Assess Available Transfer
Capability, in regard to how Bonneville calculates Available Transfer
Capability (ATC) and the Total Transfer Capability (TTC) for ATC paths;
(3) modifications to Schedule 9E, Generator Imbalance Service, to allow
for the recovery of Non-EIM Balancing Costs; (4) updates to the Summer
and Non-Summer loss factor percentages in the Network Loss Factors
table in Schedule 11; (5) changes to Attachment A, Form of Service
Agreement for Firm Point-to-Point Service, to update references to
exhibits for consistency within the attachment and to add Exhibit F,
Specifications for Conditional Firm Point-to-Point Transmission
Service; (6) modifications to Attachment L, Standard Large Generator
Interconnection Procedures (LGIP) to establish that interconnection
customers may be subject to a Withdrawal Charge if the customer's
interconnection request is withdrawn or deemed withdrawn at certain
stages of the interconnection process, and to add Appendix 5, Standard
Large Generator Interconnection Agreement; (7) modifications to
Attachment R, Large Generator Interconnection Transition Process to
specify the applicability of Withdrawal Charges to interconnection
customers participating in the Transmission Process; (8) the addition
of new Attachment S, Transmission Line Ratings; and (9) ministerial
edits to Attachments L and R. In addition, separate and apart from this
proceeding, Bonneville is proposing adoption of a rate schedule for the
Generator Interconnection Withdrawal Charge in the BP-26 proceeding,
consistent with both the BP-26 Partial Rates Settlement Agreement and
the TC-26 Settlement Agreement. As described previously, the specific
Tariff modifications at issue are reflected in the TC-26 Settlement
Agreement that was developed in discussions with customers and other
stakeholders earlier this year. The proposed Tariff assumes the TC-26
settlement is successful. In the event the TC-26 settlement is
unsuccessful, Bonneville will publish a revised Tariff proposal
consistent with the procedural schedule established and amended by the
Hearing Officer.

Part V--Proposed Tariff

Bonneville's proposed Tariff and the TC-26 Settlement Agreement are
part of this notice and available to view and download on Bonneville's
website at <a href="https://www.bpa.gov/tc26">https://www.bpa.gov/tc26</a>.

Signing Authority

This document of the Department of Energy was signed on October 31,
2024, by John L. Hairston, Administrator and Chief Executive Officer of
the Bonneville Power Administration, pursuant to delegated authority
from the Secretary of Energy. This document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.

Signed in Washington, DC, on November 7, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-26242 Filed 11-12-24; 8:45 am]
BILLING CODE 6450-01-P

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