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Notice2026-19342

Notice of Interim Approval of the Rate Schedule for Jim Woodruff Project

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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
September 22, 2026
Effective
October 1, 2026

Issuing agencies

Energy DepartmentSoutheastern Power Administration

Abstract

The Administrator for the Southeastern Power Administration (Southeastern or SEPA) has confirmed and approved, on an interim basis, rate schedule JW-1-M for the sale of power from the Jim Woodruff Project. The rate schedule is approved on an interim basis through September 30, 2031, and is subject to confirmation and approval by the Federal Energy Regulatory Commission (FERC) on a final basis.

Full Text

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<title>Federal Register, Volume 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Notices]
[Pages 60119-60122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19342]


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DEPARTMENT OF ENERGY

Southeastern Power Administration


Notice of Interim Approval of the Rate Schedule for Jim Woodruff 
Project

AGENCY: Southeastern Power Administration, DOE.

ACTION: Notice of interim approval.

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SUMMARY: The Administrator for the Southeastern Power Administration 
(Southeastern or SEPA) has confirmed and approved, on an interim basis, 
rate schedule JW-1-M for the sale of power from the Jim Woodruff 
Project. The rate schedule is approved on an interim basis through 
September 30, 2031, and is subject to confirmation and approval by the 
Federal Energy Regulatory Commission (FERC) on a final basis.

DATES: Approval of rates on an interim basis is effective October 1, 
2026.

FOR FURTHER INFORMATION CONTACT: Carter B. Edge, Assistant 
Administrator for Finance and Marketing, Southeastern Power 
Administration, Department of Energy, 1166 Athens Tech Road, Elberton, 
Georgia 30635-6711, (706) 213-3800; Email: <a href="/cdn-cgi/l/email-protection#f4b79586809186dab1909391b487918495da909b91da939b82"><span class="__cf_email__" data-cfemail="541735262031267a1130333114273124357a303b317a333b22">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: FERC, by Order issued February 10, 2022, in 
Docket No. EF21-4-000, confirmed and approved on a final basis 
Wholesale Power Rate Schedules JW-1-L and JW-2-F applicable to the Jim 
Woodruff Project for a period ending September 30, 2026. On August 6, 
2024, Southeastern submitted a notice of cancellation of the JW-2-F 
Rate Schedule for the sale of power from

[[Page 60120]]

Southeastern's Jim Woodruff Project to Duke Energy Florida effective 
October 6, 2024. There are no remaining obligations under the JW-2-F 
Rate Schedule. (FERC Docket No. EF24-8-000 (Sep. 13, 2024)). This order 
replaces the JW-1-L Rate Schedule with the JW-1-M Rate Schedule on an 
interim basis, subject to confirmation and final approval by FERC.

Department of Energy

Administrator, Southeastern Power Administration

In the Matter of: Southeastern Power Administration, Jim Woodruff 
Project Power Rates, Rate Order No. SEPA-69

Order Confirming and Approving Power Rates on an Interim Basis

    Rate Order No. SEPA-69 and associated rate schedule are applicable 
to Southeastern Power Administration (Southeastern) power sold to 
existing customers in Florida. The rate schedule approved on an interim 
basis, effective October 1, 2026, through September 30, 2031, and is 
subject to confirmation and approval by the Federal Energy Regulatory 
Commission (FERC) on a final basis.

Background

    Power from the Jim Woodruff Project is currently sold under 
Wholesale Power Rate Schedule JW-1-L. Rate Schedules JW-1-L and JW-2-F 
were approved by the Federal Energy Regulatory Commission in Docket No. 
EF21-4-000 on February 10, 2022. The JW-2-F Rate Schedule was cancelled 
effective October 6, 2024. (FERC Docket No. EF24-8-000, (Sept. 13, 
2024)). The cancellation followed updates to marketing arrangements 
associated with the establishment of a new Power Marketing Policy for 
the Jim Woodruff Project, as well as a mutual agreement between 
Southeastern and Duke Energy Florida to terminate the Duke Energy 
Florida contract effective April 20, 2024. The JW-1-L Rate Schedule 
remains in effect and is scheduled to expire on September 30, 2026.

Public Notice and Comment

    Notice of a proposed rate adjustment and opportunities for public 
review and comment for the Jim Woodruff Project was published in the 
Federal Register (91 FR 27938) on May 15, 2026. Southeastern proposed 
an increase to the existing rate schedule and charges applicable to the 
sale of power from the Jim Woodruff Project to become effective October 
1, 2026, through September 30, 2031. The notice advised interested 
parties of a public information forum to be held in-person at Florida 
Electric Cooperatives Association in Tallahassee, FL with an option to 
attend virtually via Microsoft Teams on June 4, 2026. The notice 
further advised of a comment forum being held in-person at Southeastern 
Power Administration with an option to attend virtually via Microsoft 
Teams on July 7, 2026.
    The annual generation revenue requirement proposed at the public 
information forum was $8,662,652, an increase of about 6.7 percent. The 
proposed rates reflected a 6.6 percent increase in the capacity charge 
and 10.8 percent in energy charge. The rates proposed were $9.02 per 
kilowatt per month for capacity and 24.72 mills per kilowatt-hour for 
energy.
    Following the presentation of the proposed Rate Schedule JW-1-M, 
Southeastern completed an administrative review and determined 
administrative revisions were necessary to conform with the Jim 
Woodruff Power Marketing Policy finalized in 2023, purchase power 
contracts executed in April 2024, and current operational billing 
practices. Southeastern provided interested parties with a fair 
opportunity to review the updated materials and submit written comments 
by extending the comment period by 15 calendar days. The comment period 
was scheduled to close on August 13, 2026; however, with the extension, 
written comments were accepted through August 27, 2026.

Public Comments

    Southeastern received oral comments from a participant as part of 
the public information forum on June 4, 2026. The comments are 
summarized below. Southeastern's responses are provided.
    Oral Comment 1: In reviewing the materials, we note there is a 
decrease in Corps revenues projected over the study period. Is there an 
understanding as to why those revenues are decreasing in future years?
    Response 1: The projected Corps Revenue amount of $32,348 
represents the average revenue from the previous five fiscal years 
(2021-2025). Revenues included in the total Corps Revenue consist of 
revenue from timber sales, recreation leases at the project, soda 
machines, maps, ice, payphones, and other miscellaneous items. A review 
of past financial statements indicates the decline in revenue from 
timber sales has been the primary factor contributing to the overall 
decrease in actual and projected Corps Revenue.
    Oral Comment 2: It appears from our review that there is an 
accumulated deficit that occurred in 2024. Is there a reason for that 
accumulated deficit?
    Response 2: The deficit amount of $341,676 shown in FY 2024 
resulted from insufficient revenue to cover annual expenses and 
interest. Total Operating Revenue for FY 2024 was $8,028,116, while 
Total Annual Expenses (including interest) totaled $8,369,793. No 
investments were due in FY 2024; therefore, the deficit was not related 
to an inability to meet the repayment schedule. In FY 2025, the study 
reflected Net Revenue of $2,484,316. This amount was sufficient to 
recover the FY 2024 deficit and contribute toward repayment 
obligations.
    Written Comment 3: After reviewing the proposed rate increase for 
the Jim Woodruff Project, customers believe the range of the increase 
is considered a reasonable reflection of rising costs since the last 
rate modification, particularly the higher Operation and Maintenance 
expenses attributed to the Corps and a modest increase in SEPA's 
marketing costs. Deficits accumulated between 2021 and 2025 have been 
repaid without being carried forward, which is an important feature of 
the rate design, helping keep rates as low as possible.
    Concerns remain regarding the Corps' classification of certain 
environmental stewardship expenses as hydropower-related costs, 
underscoring the need for careful evaluation of proper cost assignment 
and categorization. SEPA's Administrator maintains independent 
authority to determine which costs are included in hydropower rates, 
consistent with congressional reaffirmation in WRDA 2024, and is 
encouraged to exercise this discretion to ensure rates for 2026-2031 
remain as low as possible while upholding sound business principles.
    Response 3: Southeastern values the collaborative relationship 
shared with the customers, and appreciates the thorough review of the 
rate design, repayment structures, and cost recovery mechanisms. We 
welcome our customers' acknowledgement of the proposed rate range 
aligning with rising operational demands since the last rate adjustment 
and their support for addressing historical deficits. Ensuring 
repayment of deficits accumulated between FY 2021 and FY 2025 is 
successfully repaid without being carried forward into the upcoming 
rate cycle is a critical component of our financial obligation. This 
proactive amortization directly aligns with Southeastern's commitment 
to rate stability, preventing long-term interest burdens and helping to 
keep future rates as low as possible.

[[Page 60121]]

    Southeastern shares customers' concerns regarding the 
classification of certain environmental stewardship expenses as 
hydropower-related costs by the Corps. The Administrator of SEPA has 
used his discretion as to setting rates for the sale of electric power 
and energy pursuant to Section 5 of the Flood Control Act of 1944, 
whether monies appropriated to the Corps are those monies Congress 
deems to be repaid by hydropower customers within a prescribed time 
period, to exclude certain Environmental Stewardship joint-to-power 
projected expenses from the Jim Woodruff revenue requirement.
    A total of $2,390,183.40 in projected environmental stewardship 
costs have been determined to be non-reimbursable from the sale of 
power for FY 2026-2030, and $429,904.20 annually for FY 2031-2076. 
These exclusions are reflected in the Jim Woodruff Power Rate Study and 
supporting documents. Certain environmental stewardship joint costs 
relating to the curation of archeological and natural resources, remain 
appropriately included in the projected joint expenses.
    This action ensures Southeastern's rate-setting practices remain 
fully aligned with federal statutes, project authorizations, and 
official joint-use cost allocation reports. We believe this resolution 
addresses the customers' primary concerns, safeguards power customers 
from bearing unequitable costs, and upholds sound financial and 
business principles.

Discussion

System Repayment

    An examination of Southeastern's revised system power repayment 
study, prepared in March 2026 for the Jim Woodruff Project, shows with 
the proposed rates, all system power costs are paid within the 
appropriate repayment period and meet the cost-recovery criteria set 
forth by existing law and in DOE Order RA 6120.2. The Administrator of 
Southeastern Power Administration has certified the rates are 
consistent with applicable law and they are the lowest possible rates 
to customers consistent with sound business principles.

Legal Authority

    By Delegation Order No. S1-DEL-RATES-2016, effective November 19, 
2016, the Secretary of Energy delegated: (1) the authority to develop 
power and transmission rates to Southeastern's Administrator; (2) the 
authority to confirm, approve, and place such rates into effect on an 
interim basis to the Deputy Secretary of Energy; and (3) the authority 
to confirm, approve, and place into effect on a final basis, or to 
remand or disapprove such rates, to FERC. By Delegation Order No. S1-
DEL-S3-2024, effective August 30, 2024, the Secretary of Energy also 
delegated the authority to confirm, approve, and place such rates into 
effect on an interim basis to the Under Secretary for Infrastructure. 
By Redelegation Order No. S3-DEL-SEPA-2023, effective April 10, 2023, 
the Under Secretary for Infrastructure redelegated the authority to 
confirm, approve, and place such rates into effect on an interim basis 
to the Southeastern Administrator.

Environmental Compliance

    Southeastern has determined this action fits within the following 
categorical exclusion listed in appendix B of 10 CFR part 1021 and 
appendix B of DOE's National Environmental Policy Act 
(NEPA)implementing procedures published on June 30, 2025: B4.3, 
Electric power marketing rate changes. Categorically excluded projects 
and activities do not require preparation of either an environmental 
impact statement or an environmental assessment.\1\

Determination Under Executive Order 12866

    Southeastern has an exemption from centralized regulatory review 
under Executive Order 12866; accordingly, no clearance of this notice 
by the Office of Management and Budget is required.

Availability of Information

    Information regarding these rates, including studies, and other 
supporting materials, is available for public review in the offices of 
Southeastern Power Administration, 1166 Athens Tech Road, Elberton, 
Georgia 30635-6711.

Order

    In view of the foregoing and pursuant to the authority redelegated 
to me by the Under Secretary for Infrastructure, I hereby confirm and 
approve on an interim basis, effective October 1, 2026, attached 
Wholesale Power Rate Schedule JW-1-M. The rate schedule shall remain in 
effect on an interim basis through September 30, 2031, unless such 
period is extended or until FERC confirms and approves it or a 
substitute rate schedule on a final basis.

Signing Authority

    This document of the Department of Energy was signed on September 
17, 2026, by Virgil G. Hobbs III, Administrator for Southeastern 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 18, 2026.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Wholesale Power Rate Schedule JW-1-M

    Availability: This rate schedule shall be available to public 
bodies and cooperatives receiving delivery within the state of Florida 
from the Jim Woodruff Project (hereinafter called the Project).
    Applicability: This rate schedule shall be applicable to capacity 
and accompanying energy made available by the Government from the 
Project and sold in wholesale quantities.
    Character of Service: The electric capacity and energy supplied 
hereunder will be three-phase alternating current at a nominal 
frequency of 60 cycles per second delivered at the Project point of 
interconnection.
    Monthly Rate: The monthly rate for capacity and energy made 
available or delivered under this rate schedule shall be:
    Demand Charge: $9.02 per kilowatt of monthly contract demand.
    Energy Charge: 24.72 mills per kilowatt-hour.
    Contract Demand: The contract demand is the amount of capacity in 
kilowatts stated in the contract which the Government is obligated to 
supply and the Customer is entitled to receive.
    Energy Made Available: The energy made available is the customer's 
ratable percent of the energy made available from the Project based on 
the purchaser's allocation of power to the sum of all the allocations 
of Government power from the Project in each billing month, less 
losses.
    Billing Month: The billing month for power sold under this schedule 
shall end at 12:00 midnight Central Prevailing Time on the last day of 
each calendar month.
    Conditions of Service: The customer shall, at its own expense, 
provide,

[[Page 60122]]

arrange for and maintain transmission service necessary to receive 
allocation of Government power from the Project.
    October 1, 2026.

[FR Doc. 2026-19342 Filed 9-21-26; 8:45 am]
BILLING CODE 6450-01-P


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Indexed from Federal Register on September 22, 2026.

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.