Notice2024-26471
Mission Valley Power Project, Montana-Power Rate Adjustment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 14, 2024
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
The Bureau of Indian Affairs (BIA) proposes to adjust electric power rates for the Mission Valley Power Project (MVP). We are required to establish rates to recover the costs to administer, operate, maintain, and rehabilitate the MVP. We request your comments on the proposed rate adjustments.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 220 (Thursday, November 14, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 90032-90036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26471]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/AAKC001030/A0A501010.999900]
Mission Valley Power Project, Montana--Power Rate Adjustment
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed rate adjustment.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) proposes to adjust electric
power rates for the Mission Valley Power Project (MVP). We are required
to establish rates to recover the costs to administer, operate,
maintain, and rehabilitate the MVP. We request your comments on the
proposed rate adjustments.
DATES: Interested parties may submit comments on the proposed rate
adjustments on or before December 16, 2024.
ADDRESSES: All comments on the proposed rate adjustments must be in
writing. You may send comments via email to <a href="/cdn-cgi/l/email-protection#92f1fdfffff7fce6e1d2f0fbf3bcf5fde4"><span class="__cf_email__" data-cfemail="0d6e6260606863797e4d6f646c236a627b">[email protected]</span></a>. Please
reference ``Rate Adjustment for MVP Project'' in the subject line. Or
you may submit comments to: Program Specialist, Division of Water and
Power, Office of Trust Services, 2021 4th Avenue North, Billings, MT
59101.
FOR FURTHER INFORMATION CONTACT: Mr. Shane Hendrickson, Flathead Agency
Superintendent, Bureau of Indian Affairs, P.O. Box 40, Pablo, Montana
59855, (406) 675-2700, Ext. 1301. Individuals in the United States who
are deaf, deafblind, hard of hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION: The table in this notice provides current
and proposed electric power rates for 2024, 2025, and 2026.
What is the meaning of key terms used in this notice?
BIA means the Bureau of Indian Affairs within the United States
Department of the Interior or the BIA's authorized representative.
Bill means our written statement notifying you of the charges and/
or fees you owe the United States for the administration, operation,
maintenance, rehabilitation, and/or construction of the electric power
utility servicing you.
CFR means Code of Federal Regulations.
Customer means any person or entity to whom we provide service.
Customer service is the assistance or service provided to
customers, except for the actual delivery of electric power or energy.
Customer service may include line extension, system upgrade, meter
testing, connections or disconnection, special meter reading, or other
assistance or service as provided in the utility's Operations Manual.
Day(s) means calendar day(s).
[[Page 90033]]
Demand is measured in kilowatts by the utility's meter and
represents the rate at which electricity is consumed in a fifteen-
minute period of maximum use.
Electric power means the energy we deliver to meet customers'
electrical needs.
Electric power rate means the charges we establish for delivery of
energy to our customers, which includes administration costs and
operation and maintenance costs in addition to the cost of purchased
power.
Electric power utility means all structures, equipment, components,
and human resources necessary for the delivery of electric service.
Electric service means the delivery of electric power by our
utility to our customers.
Energy means electric power.
Fee (see Service fee).
I, me, my, you, and your means all interested parties, especially
persons or entities to which we provide service and receive use of our
electric power service.
Must means an imperative or mandatory act or requirement.
Purchased power means the power we must purchase from power
marketing providers for resale to our customers to meet changing power
demands. Each of our utilities establishes its own power purchasing
agreements based on its power demands and firm power availability.
Rate (see Electric power rate).
Reserve Funds means funds held in reserve for maintenance, repairs,
or unexpected expenses.
Revenue means the monies we collect from our customers through
service fees and electric power rates.
Service (see Electric service).
Service fee means our charge for providing or performing a specific
administrative or customer service.
Utility(ies) see (Electric power utility).
We, us, and our means the United States Government, the Secretary
of the Interior, the BIA, and all who are authorized to represent us in
matters covered under this notice.
Does this notice affect me?
This notice affects you if we provide you electric service. MVP is
a federally-owned power utility, operated and maintained by the
Confederated Salish and Kootenai Tribes through a contract pursuant to
the Indian Self-Determination and Education Assistance Act of 1975,
Public Law 93-638, 25 U.S.C. 5301 et seq. (formerly codified at 25
U.S.C. 450 et seq.). MVP provides service to customers located within
the Flathead Indian Reservation and to areas in Flathead, Lake,
Missoula, and Sanders counties in Montana. MVP provides power for
residential, governmental, irrigation, commercial, and industrial uses.
Where can I get information on the regulatory and legal citations in
this notice?
You can contact us using the addresses provided at the beginning of
this notice, or you can use the internet site for the Government
Printing Office at <a href="http://www.gpo.gov">http://www.gpo.gov</a>.
Why are you publishing this notice?
We are publishing this notice to inform you that we propose to
adjust our electric power rates. This notice is published in accordance
with BIA's regulations governing its operation and maintenance of power
projects, found at 25 CFR part 175. This regulation provides for the
establishment and publication of rates for electric power assessments
as well as related information about our power projects.
What authorizes you to issue this notice?
Our authority to issue this notice is vested in the Secretary of
the Interior by 5 U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c; Act of
March 7, 1928 (45 Stat. 212-213), as amended; Act of May 25, 1948,
Public Law 554 (62 Stat. 269-273), as amended; Act of August 31, 1951
(65 Stat. 248); Act of December 23, 1981, section 112 (95 Stat. 1404).
The Secretary has in turn delegated this authority to the Assistant
Secretary--Indian Affairs under part 209, chapter 8.1A, of the
Department of the Interior's Departmental Manual.
How do you calculate electric power rates?
We calculate electric power rates by estimating the costs of energy
delivery to our customers, which includes administration costs and
operation and maintenance costs in addition to the cost of purchased
power. Operation and maintenance costs include maintenance of a reserve
fund to make repairs and replacements to the utility, defray emergency
expenses, ensure the continuous operation of the power system, and pay
other allowable expenses and obligations to the extent required or
permitted by law. The result of this calculation is stated in the rate
table in this notice.
How do we know how much rate increase is needed?
We completed a review of MVP's rates in accordance with 25 CFR
175.205 to: (a) determine if our financial requirements are being met
to ensure the reliable operation of the utility; and (b) determine if
revenues are sufficient to meet our statutory requirements. We have
determined a rate increase is needed to ensure MVP can pay its expenses
and ensure continuous operation of the power system.
When will you put the rate adjustments into effect?
Interested parties have an opportunity to provide comments, and
they will be considered before proposed rate adjustments go into
effect. We plan to put the 2024 rate adjustment into effect this fall.
The 2025 rate adjustment will be effective March 1, 2025. The 2026 rate
adjustment will be effective March 1, 2026.
Will any additional monthly rates apply?
We may add a purchased power cost adjustment to certain categories
in the below table. This adjustment is the amount (rounded to the
nearest $0.0001) that MVP pays to its power suppliers. When MVP
experiences unforeseen increases in the cost of purchased power, we may
adjust the existing electric power rate and put it into effect
immediately. MVP will publish the purchased power changes in the local
newspaper and adjust the purchased power component of your bill
accordingly. Such changes are not included in the procedure for
adjusting electric power rates because unforeseen increases in the cost
of purchased power are: (a) not under our control; (b) determined by
current market rates; and (c) subject to market fluctuations that can
occur at an undetermined time and frequency.
Are there restrictions on my use of power?
You must use any power that we supply you only on your property.
You may not resell any power that we supply to you.
What if I have more than one meter?
If you have more than one meter, we will calculate a separate bill
for each meter.
When should I pay my power bill?
We will mail or email your bill notifying you (a) the amount you
owe to the United States and (b) when such amount is due. You should
pay your bill by the due date stated on the bill.
[[Page 90034]]
What information must I provide for billing purposes?
All responsible parties are required to provide the following
information to the billing office associated with MVP:
(1) The full legal name of the person or entity responsible for
paying the bill;
(2) An adequate and correct address for mailing our bill; and
(3) The taxpayer identification number or social security number of
the person or entity responsible for paying the bill.
Why are you collecting my taxpayer identification number or social
security number?
Public Law 104-134, the Debt Collection Improvement Act of 1996,
requires that we collect the taxpayer identification number or social
security number before billing a responsible party and as a condition
to servicing the account.
What can happen if I do not provide the information required for
billing purposes?
We can refuse to provide you electrical service.
If I allow my bill to become past due, could this affect my electrical
service?
Yes. 25 CFR 175.315(b) states: ``If your bill is past due we may:
(1) Disconnect your service; and (2) Not reconnect your service until
your bill, including any applicable fees, is paid in full.'' Specific
regulations regarding non-payment can be found in 25 CFR 143.5(c).
Are there any additional charges if I am late paying my bill?
Yes. We are required to assess interest, penalties, and
administrative costs on past due bills in accordance with 31 U.S.C.
3717 and 31 CFR 901.9.
What else will happen to my past due bill?
If you do not pay your bill or make payment arrangements to which
we agree, we are required to transfer your past due bill to the
Department of the Treasury for further action. Pursuant to 31 CFR
285.12, bills that are 120 days past due will be transferred to
Treasury.
What electric power rates are proposed for adjustment by this notice?
The rate table below contains the present electric power rates for
MVP. The table also contains proposed rates for 2024, 2025, and 2026.
An asterisk immediately following the rate category notes where rates
are proposed for adjustment.
----------------------------------------------------------------------------------------------------------------
Proposed 2024 Proposed 2025 Proposed 2026
Rate category Present rate rate rate rate
----------------------------------------------------------------------------------------------------------------
Residential (See Note #1)
----------------------------------------------------------------------------------------------------------------
Basic Charge per month *........................ $17.50 $22.00 $23.50 $27.00
Basic Charge (Pre-Pay Meters) *................. 21.00 26.40 28.20 32.40
Basic Charge (Net Meters) *..................... 20.00 27.00 28.50 32.00
Energy Charge:
Each kilowatt-hour between 0-1,000 *........ 0.0812 0.0828 0.0880 0.0901
Each kilowatt-hour between 1,001-2,000 *.... 0.0908 0.0926 0.0983 0.1007
Each kilowatt-hour over 2,000 *............. 0.1126 0.1148 0.1219 0.1249
Demand charge per kilowatt *.................... 0.25 0.40 0.60 0.80
----------------------------------------------------------------------------------------------------------------
Small General Service (maximum monthly demand of 25 kilowatts or less) (See Note #1)
----------------------------------------------------------------------------------------------------------------
Basic Charge per month *........................ 17.50 22.00 23.50 27.00
Basic Charge (Pre-Pay Meters) *................. 21.00 26.40 28.20 32.40
Basic Charge (Net Meters) *..................... 20.00 27.00 28.50 32.00
Energy charge per kilowatt-hour *............... 0.1034 0.1046 0.1113 0.1136
Demand charge per kilowatt *.................... 0.30 0.50 0.75 1.00
----------------------------------------------------------------------------------------------------------------
General Service (monthly demand of 26--1,000 kilowatts) (See Note #1)
----------------------------------------------------------------------------------------------------------------
Basic charge per month:
----------------------------------------------------------------------------------------------------------------
Single Phase *.............................. 32.50 40.75 43.50 50.00
Single Phase (Net Meters) *................. 37.50 45.75 48.50 55.00
Three Phase *............................... 53.25 66.75 71.25 81.92
Three Phase (Net Meters) *.................. 61.50 75.00 79.50 90.17
Energy Charge per kilowatt-hour *............... 0.0753 0.0761 0.0797 0.0797
Demand Charge per kilowatt * -.................. 4.50 5.00 5.25 5.75
----------------------------------------------------------------------------------------------------------------
New Large Single Load (monthly demand over one megawatt) (See Note #2)
----------------------------------------------------------------------------------------------------------------
Basic Charge per month.......................... 45.00 45.00 45.00 45.00
Energy Charge:
Each kilowatt-hour between 0-730,000........ 0.0753 0.0753 0.0753 0.0753
Each kilowatt-hour over 730,000............. 0.06395 0.06395 0.06395 0.06395
Demand charge [supcaret] 4.50 4.50 4.50 4.50
Per kilowatt up to 1,000 4.10 4.10 4.10 4.10
Per kilowatt over 1,000
----------------------------------------------------------------------------------------------------------------
Area Lights
----------------------------------------------------------------------------------------------------------------
LED Light *..................................... 10.05 12.57 13.43 15.43
----------------------------------------------------------------------------------------------------------------
[[Page 90035]]
Unmetered Services (See Note #3)
----------------------------------------------------------------------------------------------------------------
Basic Charge *.................................. 17.50 22.00 23.50 27.00
----------------------------------------------------------------------------------------------------------------
Street Lighting (Metered)
----------------------------------------------------------------------------------------------------------------
Basic Charge *.................................. 10.00 12.57 13.43 15.43
Energy Charge *................................. 0.1034 0.1046 0.1113 0.1136
Street Lighting (Unmetered)
----------------------------------------------------------------------------------------------------------------
LED Light *..................................... 7.20 8.50 9.10 9.55
----------------------------------------------------------------------------------------------------------------
Irrigation (See Note #4)
----------------------------------------------------------------------------------------------------------------
Basic charge per month *........................ 5.00 10.00 15.00 20.00
Energy charge per kilowatt hour *............... 0.0712 0.0719 0.0720 0.0746
Demand Charge per kilowatt * [caret]............ 3.00 4.00 5.25 5.75
----------------------------------------------------------------------------------------------------------------
* Notes rate categories proposed for adjustment.
[supcaret] We may apply a power factor penalty to Irrigation, General Service--Three Phase, and New Large Single
Load customers.
Note #1. Residential and Small General Service customers may opt into the ``Pre-Pay Meters'' or ``Net Meters''
programs. General Service customers may opt into the ``Net Meters'' program. For the Pre-Pay Meters program,
customers must pre-pay a minimum of $50.00 fee at time of account setup. Any prepayment is credited to the
account and applied to the customer's future usage and demand charges. Pre-Pay customers are required to keep
a positive balance in their account, or the meter will shut off automatically. Net Metering allows customer-
owned renewable generation to interconnect with MVP's distribution system.
Note #2. Customers with monthly demand of over three megawatts will be subject to other rates, as determined by
MVP on a case-by case basis, and may be required to make a deposit of two months of estimated service.
Note #3. Unmetered Services refers to customers, using kilowatt hours without a meter, that do not fall under
one of MVP's other rate categories. Includes traffic lights, billboards, and telephone booths.
Note #4. Irrigation customers may receive a Bonneville Power Administration (BPA) discount for the months of May
through September. BPA generally provides an irrigation discount to assist the agricultural sector in rural
Northwest communities. After BPA provides MVP with the final irrigation discount rate, we will issue the
discount as an annual credit on qualified irrigation customers' bills.
Consultation and Coordination With Tribal Governments (Executive Order
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
notice under the Department's consultation policy and under the
criteria of Executive Order 13175 and have determined there to be
substantial direct effects on federally recognized Tribes because the
electric power utilities are located on or associated with Indian
reservations. To fulfill its consultation responsibility to Tribes and
Tribal organizations, BIA communicates, coordinates, and consults on a
continuing basis with these entities on issues of electric power
delivery, electric power availability, and costs of administration,
operation, maintenance, and rehabilitation of our utilities that
concern them. This is accomplished at the individual power utility by
utility, agency, and regional representatives, as appropriate, in
accordance with local protocol and procedures. This notice is one
component of our overall coordination and consultation process to
provide notice to, and request comments from, these entities when we
adjust electric power rates.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (Executive Order 13211)
The proposed rate adjustments are not a significant energy action
under the definition in Executive Order 13211. A Statement of Energy
Effects is not required.
Civil Justice Reform (Executive Order 12988)
This notice complies with the requirements of Executive Order
12988. Specifically, in issuing this notice, the Department has taken
the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct as required by section 3 of Executive Order 12988.
Regulatory Planning and Review (Executive Order 12866)
These proposed rate adjustments are not a significant regulatory
action and do not need to be reviewed by the Office of Management and
Budget under Executive Order 12866.
Regulatory Flexibility Act
These proposed rate adjustments are not a rule for the purposes of
the Regulatory Flexibility Act because they establish ``a rule of
particular applicability relating to rates.'' 5 U.S.C. 601(2).
Takings (Executive Order 12630)
These proposed rate adjustments do not effect a taking of private
property or otherwise have ``takings'' implications under Executive
Order 12630. The proposed rate adjustments do not deprive the public,
State, or local governments of rights or property.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, these
proposed rate adjustments do not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement because they will not affect the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government. A
federalism summary impact statement is not required.
National Environmental Policy Act
The Department has determined that these proposed rate adjustments
do not constitute a major Federal action significantly affecting the
quality of the human environment. A detailed statement under the
National Environmental Policy Act of 1969 (NEPA) is not required
because the
[[Page 90036]]
proposed rate adjustments are of an administrative, financial, legal,
technical, or procedural nature. (For further information see 43 CFR
46.210(i)). We have also determined that the proposed rate adjustments
would not involve any of the extraordinary circumstances listed in 43
CFR 46.215 that would require further analysis under NEPA.
Paperwork Reduction Act of 1995
These proposed rate adjustments do not affect the collections of
information which have been approved by the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995. The OMB Control Number is 1076-0021
and expires March 31, 2026.
Unfunded Mandates Reform Act of 1995
These proposed rate adjustments do not impose an unfunded mandate
on State, local, or Tribal governments in the aggregate, or on the
private sector, of more than $130 million per year. They do not have a
significant or unique effect on State, local, or Tribal governments or
the private sector. Therefore, the Department is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2024-26471 Filed 11-13-24; 8:45 am]
BILLING CODE 4337-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 14, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.