Notice2026-19050
Revision of Fiscal Year (FY) 2026-2028 Power Rate Schedules and General Rate Schedule Provisions (GRSPs) for the Remainder of BP-26 Rate Period; Public Hearing and Opportunities for Public Review and Comment
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Published
September 17, 2026
Issuing agencies
Energy DepartmentBonneville Power Administration
Abstract
Because of a recent district court decision in a lawsuit filed by the National Wildlife Federation, a coalition of fishing and environmental groups, and the State of Oregon, Bonneville is holding an expedited rate proceeding pursuant to the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) to add power rate adjustment mechanisms to the FY 2026-2028 Power Rate Schedules and GRSPs for the remainder of the BP-26 rate period. The Northwest Power Act requires that Bonneville's rates be established through a section 7(i) rate proceeding and based on the record of a formal hearing. The expedited proceeding is required to ensure the proposed mechanism takes effect as soon as practicable, given Bonneville is already being negatively impacted by the court order. By this notice, Bonneville announces the commencement of an expedited rate proceeding, designated as the "BP-27" proceeding, for the limited purpose of adding power rate adjustment mechanisms to the FY 2026-2028 Power Rate Schedules and GRSPs. The proposed power rate adjustment mechanisms are expected to recover an additional $250 million from power rates, which would result in a 6.3 percentage increase to the average effective Priority Firm Non-Slice power rate.
Full Text
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<title>Federal Register, Volume 91 Issue 179 (Thursday, September 17, 2026)</title>
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[Federal Register Volume 91, Number 179 (Thursday, September 17, 2026)]
[Notices]
[Pages 58890-58892]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19050]
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DEPARTMENT OF ENERGY
Bonneville Power Administration
[BPA File No.: BP-27]
Revision of Fiscal Year (FY) 2026-2028 Power Rate Schedules and
General Rate Schedule Provisions (GRSPs) for the Remainder of BP-26
Rate Period; Public Hearing and Opportunities for Public Review and
Comment
AGENCY: Bonneville Power Administration (Bonneville or BPA), Department
of Energy (DOE).
ACTION: Revision to add power rate adjustment mechanisms to FY 2026-
2028 Power Rate Schedules and General Rate Schedule Provisions (GRSPs).
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SUMMARY: Because of a recent district court decision in a lawsuit filed
by the National Wildlife Federation, a coalition of fishing and
environmental groups, and the State of Oregon, Bonneville is holding an
expedited rate proceeding pursuant to the Pacific Northwest Electric
Power Planning and Conservation Act (Northwest Power Act) to add power
rate adjustment mechanisms to the FY 2026-2028 Power Rate Schedules and
GRSPs for the remainder of the BP-26 rate period. The Northwest Power
Act requires that Bonneville's rates be established through a section
7(i) rate proceeding and based on the record of a formal hearing. The
expedited proceeding is required to ensure the proposed mechanism takes
effect as soon as practicable, given Bonneville is already being
negatively impacted by the court order. By this notice, Bonneville
announces the commencement of an expedited rate proceeding, designated
as the ``BP-27'' proceeding, for the limited purpose of adding power
rate adjustment mechanisms to the FY 2026-2028 Power Rate Schedules and
GRSPs. The proposed power rate adjustment mechanisms are expected to
recover an additional $250 million from power rates, which would result
in a 6.3 percentage increase to the average effective Priority Firm
Non-Slice power rate.
DATES:
Prehearing Conference: A prehearing conference for the BP-27
proceeding will be held at 9 a.m. on October 5, 2026, via WebEx. The
WebEx information will be available on Bonneville's website at <a href="https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/bp-27-rate-case">https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/bp-27-rate-case</a> or from the Hearing Clerk.
Intervention: Petitions to intervene in the BP-27 proceeding must
be filed on Bonneville's secure website no later than 4:30 p.m. Pacific
Prevailing Time on October 6, 2026. Part III of this notice, ``Public
Participation in BP-27,'' 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 October 19, 2026, to be considered in the
Administrator's Record of Decision (ROD). Part III of this notice,
``Public Participation in BP-27,'' provides details on submitting
participant comments.
FOR FURTHER INFORMATION CONTACT: Ms. Elissa Haley, NKS-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#b6d3d8ded7dad3cff6d4c6d798d1d9c0"><span class="__cf_email__" data-cfemail="d8bdb6b0b9b4bda198baa8b9f6bfb7ae">[email protected]</span></a>.
The Hearing Clerk for this proceeding can be reached via the
contact information provided on Bonneville's website at <a href="https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/bp-27-rate-case">https://www.bpa.gov/energy-and-services/rate-and-tariff-proceedings/bp-27-rate-case</a>.
Please direct questions regarding Bonneville's secure website to
the Hearing Coordinator via email at <a href="/cdn-cgi/l/email-protection#c3a0b4a4b1aaa5a5a6ad83a1b3a2eda4acb5"><span class="__cf_email__" data-cfemail="99faeefeebf0fffffcf7d9fbe9f8b7fef6ef">[email protected]</span></a> or, if the
question is time-sensitive, via telephone at (503) 230-5107.
Responsible Officials: Ms. Sarah E. Burczak, Power Rates Manager,
is the official responsible for the development of Bonneville's power
rates.
SUPPLEMENTARY INFORMATION:
Table of Contents
Part I. Introduction and Procedural Matters
Part II. Scope of the BP-27 Rate Proceeding
Part III. Public Participation in the BP-27 Rate Proceeding
Part IV. Summary of Rate Proposal
Part I--Introduction and Procedural Matters
A. Introduction and Expedited Process
Bonneville is proposing to add power rate adjustment mechanisms to
the FY 2026-2028 Wholesale Power Rate Schedules and General Rate
Schedule Provisions (GRSPs) for the remainder of the BP-26 rate period
in order to address the financial impact of the U.S. District Court for
the District of Oregon's Amended Preliminary Injunction Order, ECF No.
2674, NWF, et al. v. NMFS, et al., Case No. 3:01-cv-640-SI, issued
March 2, 2026. This proceeding, the BP-27 proceeding, is limited solely
to this purpose. The proposed power rate adjustment mechanisms are
expected to recover an additional $250 million from power rates, which
would result in a 6.3 percent increase to the average effective
Priority Firm Non-Slice power rate, a 5.3 percent increase to the
average effective Industrial Firm power rate, and a 2.2 percent
increase to the average effective New Resources Firm power rate.
In light of the limited purpose of the BP-27 proceeding, and in
compliance with the procedures for the establishment of Bonneville
rates set forth in Section 7(i) of the Northwest Power Act, 16 U.S.C.
839e(i), Bonneville is conducting the hearing process for a review of
this proposal on an expedited basis.
The Rules of Procedure that govern Bonneville's rate proceedings
were published in the Federal Register, 83 FR 39993 (Aug. 13, 2018),
and posted on Bonneville's website at <a href="https://www.bpa.gov/Finance/RateCases/RulesProcedure/Pages/default.aspx">https://www.bpa.gov/Finance/RateCases/RulesProcedure/Pages/default.aspx</a>. Sections 1010.4(b)(4) and
1010.22 of the Rules of Procedure provide for expedited rate processes.
In order to facilitate the expedited process in the BP-27 proceeding,
pursuant to Section 1010.1(e) of the Rules of Procedure, the
Administrator authorizes the Hearing Officer to waive any procedural
requirements of the rules for the purpose of developing the record and
completing the proceeding on an expedited basis.
B. Proposed Procedural Schedule
Bonneville has made prospective parties aware of its intent to use
an expedited process pursuant to section 1010.22 of the Rules of
Procedure. The official schedule will be established by the Hearing
Officer and may be amended by the Hearing Officer as needed during the
proceeding. The Hearing Officer may circumscribe or reduce the timing
or availability of any procedural activities in the case as he or she
determines are unnecessary or overly burdensome in consideration of the
limited scope and purpose of this case.
Initial Proposal Released--October 5, 2026
Prehearing Conference--October 5, 2026
Deadline for Petitions to Intervene--October 6, 2026
Close of Participant Comment Period--October 19, 2026
Final Record of Decision--December 18, 2026
[[Page 58891]]
C. 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) as otherwise
specified in section 1010.5(b) of the Rules of Procedure. The
prohibition on ex parte communications applies from the date of
publication of this notice and will remain in effect until the
Administrator's Final Record of Decision is issued.
Part II--Scope of the BP-27 Rate Proceeding
A. BP-27 Rate Proceeding
The scope of the BP-27 rate proceeding is limited solely to
consideration of the proposed revision to add the Court-Ordered
Operation Rate Adder (COORA) and COORA True-Up adjustment mechanisms to
section II.AD to the Wholesale Power Rate Schedules and GRSPs. The BP-
26 power and transmission rates were approved by the Federal Energy
Regulatory Commission on a final basis on February 19, 2026. Bonneville
is not otherwise revising the BP-26 power or transmission rates in the
BP-27 rate 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 rates
under consideration in the proceeding. See Rules of Procedure, section
1010.4(b)(8)(ii), (iii), (iv). Only Bonneville may prescribe or revise
the scope of the proceeding. Id. 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.
Pursuant to section 1010.4(b)(8) of the Rules of Procedure, the
Administrator directs the Hearing Officer to exclude from the record
all argument, testimony, or other evidence that challenges the
appropriateness or reasonableness of any other matter, issue, topic, or
policy that is not directly related to the proposed revisions to
section II.AD of the Power Rate Schedules and GRSPs discussed in
section IV of this notice.
B. The National Environmental Policy Act
Bonneville is in the process of assessing the potential
environmental effects of its proposed power rate adjustments,
consistent with the National Environmental Policy Act (NEPA). The NEPA
process is conducted separately from the rate proceeding. All evidence
and argument addressing potential environmental impacts of the rate
adjustments being developed in the BP-27 rate proceeding are excluded
from the rate proceeding record. Instead, comments on environmental
effects should be directed to the NEPA process.
Based on its most current assessment of the proposed power rate
adjustments, Bonneville believes this proposal may be the type of
action typically excluded from further NEPA review pursuant to U.S.
Department of Energy NEPA regulations and procedures, which apply to
Bonneville. More specifically, the proposal appears to solely involve
changes to Bonneville's rates and other cost recovery and management
mechanisms to ensure that there are sufficient revenues to meet
Bonneville's financial obligations and other costs and expenses, while
using existing generation sources operating within normal operating
limits. As such, it appears this rate proposal falls within Categorical
Exclusion B4.3, found at 10 CFR part 1021, Appendix B, which provides
for the categorical exclusion from further NEPA review of ``[r]ate
changes for electric power, power transmission, and other products or
services provided by a Power Marketing Administration that are based on
a change in revenue requirements if the operations of generation
projects would remain within normal operating limits.''
Nonetheless, Bonneville is still assessing the proposal, and,
depending upon the ongoing environmental review, Bonneville may instead
take another appropriate approach to NEPA. Comments regarding the
potential environmental effects of the proposal may be submitted to
Katey Grange, NEPA Compliance Officer, EC-4, Bonneville Power
Administration, 905 NE 11th Avenue, Portland, Oregon 97232, and to
<a href="/cdn-cgi/l/email-protection#7f141c180d1e11181a3f1d0f1e51181009"><span class="__cf_email__" data-cfemail="95fef6f2e7f4fbf2f0d5f7e5f4bbf2fae3">[email protected]</span></a>. Any such comments received by the comment deadline
for Participant Comments identified in section III. A of this notice
will be considered by Bonneville's NEPA compliance staff in the NEPA
process that is being conducted for this proposal.
Part III--Public Participation in the BP-27 Rate
A. Interventions
Any entity or person intending to become a party in the BP-27
proceeding must file a petition to intervene through Bonneville's
secure website, <a href="https://www.bpa.gov/secure/Ratecase/">https://www.bpa.gov/secure/Ratecase/</a>. A first-time user
of Bonneville's secure website must create a user account to submit an
intervention. Returning users may request access to the BP-27 rate
proceeding through their existing accounts and may submit interventions
once their permissions have been updated. 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#ccafbbabbea5aaaaa9a28caebcade2aba3ba"><span class="__cf_email__" data-cfemail="b8dbcfdfcad1dededdd6f8dac8d996dfd7ce">[email protected]</span></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 uploaded to Bonneville's secure
website by 4:30 p.m. Pacific Prevailing Time on 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 the
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
[[Page 58892]]
in sufficient detail to permit the Hearing 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 BP-27 proceeding. Separate from the formal hearing process,
Bonneville will accept written comments, views, opinions, and
information from participants who have not intervened in the BP-27
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 whose rates
are subject to this proceeding, 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 intervenor organizations.
Written comments by participants must be received by October 19,
2026, to be included in the record and considered by the Administrator.
Participants should submit comments 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. All comments should contain the designation ``BP-27'' in the
subject line.
C. Developing the Record
The hearing record will include, among other things, the
transcripts of the hearing, written evidence and argument entered into
the record by Bonneville and the parties, written comments from
participants, and other material accepted into the record by the
Hearing Officer. The Hearing Officer will review and certify the record
to the Administrator.
The Administrator will make a final determination on the issue in
this proceeding based on the record and such other materials and
information as may have been submitted to or developed by the
Administrator. The Final ROD will be made available to all parties.
Bonneville will submit the Final ROD and the hearing record to the
Commission for confirmation and approval after issuance of the Final
ROD.
Part IV--Summary of Rate Proposal
Bonneville is proposing limited revisions to the Fiscal Year 2026-
2028 Power Rate Schedules and GRSPs to add new power rate adjustment
mechanisms to address the expected financial impact of the U.S.
District Court for the District of Oregon's Amended Preliminary
Injunction Order, ECF No. 2674, NWF, et al. v. NMFS, et al., Case No.
3:01-cv-640-SI, issued March 2, 2026.
The Power GRSPs include general rate schedule terms and conditions
applicable to Bonneville's power rates. In addition, the Power GRSPs
contain special rate adjustments, charges, credits, and pass-through
mechanisms for specific events and customer circumstances.
Specifically, Bonneville proposes adding the COORA and COORA True-
Up to GRSP section II.AD. These mechanisms would apply to the following
products under the PF-26 Rate Schedule: Load Following, Block, and the
Block portion of Slice/Block. The COORA and COORA True-Up also apply to
power purchased at the PF Melded Rate (PF-26), Industrial Firm Power
Rate (IP-26), and New Resource Firm Power Rate (NR-26). These
mechanisms would adjust the PF Tier 1 Equivalent Energy Rates (GRSP
II.AA), the Load Shaping Charge True-Up Rate (GRSP II.E, Section 1),
and the PF Melded Equivalent Energy Scalar Rate (GRSP II.R, Section
1(c)).
Bonneville's proposed GRSP revisions are a part of this notice and
are available for viewing and downloading on Bonneville's website at
<a href="https://www.bpa.gov/bp-27-rate-case">https://www.bpa.gov/bp-27-rate-case</a>.
Signing Authority
This document of the Department of Energy was signed on September
10, 2026, by Travis R. Kavulla, Administrator and Chief Executive
Officer of the Bonneville Power Administration, pursuant to delegated
authority from the Secretary of Energy. That 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 September 15, 2026.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2026-19050 Filed 9-16-26; 8:45 am]
BILLING CODE 6450-01-P
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