[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]               
[Page 9090-9091]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-28]                         

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DEPARTMENT OF ENERGY

Bonneville Power Administration

 
Fiscal Year (FY) 2010-2011 Proposed Power and Transmission Rate 
Adjustments; Public Hearing and Opportunities for Public Review and 
Comment; Correction

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

ACTION: Notice of FY 2010-2011 Proposed Power and Transmission Rate 
Adjustments; Correction.

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SUMMARY: On February 10, 2009, BPA published a notice in the Federal 
Register (74 FR 6609), (February 10, 2009 Notice) announcing its 
upcoming consolidated rate proceeding, BPA-10, with separate sub-
dockets for power and transmission rates for FY 2010-2011. However, on 
page 6611, third column in Part III.A., Distinguishing Between 
``Participants'' and ``Parties,'' of the February 10, 2009 Notice, BPA 
made a misstatement that it now wishes to correct. The fifth sentence 
in this section, which stated ``BPA customers whose rates are subject 
to this proceeding, or their affiliated customer groups, may not submit 
participant comments.'', is hereby deleted in its entirety and replaced 
with the following sentence ``Any entity that has intervened in this 
proceeding may not submit participant comments.''

    Part III.A., on page 6611, third column is corrected to read as 
follows:

Part III--Public Participation

A. Distinguishing Between ``Participants'' and ``Parties''

    BPA distinguishes between ``participants in'' and ``parties to'' 
the hearings. Apart from the formal hearing process, BPA will receive 
written comments, views, opinions, and information from 
``participants,'' who are defined in BPA's Procedures as persons who 
may submit comments without being subject to the duties of, or having 
the privileges of, parties. Participants' written comments will be made 
part of the official record and considered by the Administrator. 
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. Any entity that has intervened in 
this proceeding may not submit participant comments. Members or 
employees of entities that have intervened in the rate proceeding may 
submit general comments as participants but may not use the comment 
procedures to address specific issues raised by their intervenor 
organization or others.
    Written comments by participants will be included in the record if 
they are received by April 24, 2009. Written views, supporting 
information, questions, and arguments should be submitted to the 
address listed in the ADDRESSES section of this Notice.
    Entities or persons become parties to the proceeding by filing 
petitions to intervene, which must state the name and address of the 
entity or person requesting party status and their interest in the 
hearing. BPA customers and affiliated customer groups will be granted 
intervention based on a petition filed in conformance with BPA's 
Procedures. Other petitioners must explain their interests in 
sufficient detail to permit the hearing officer to determine whether 
such petitioners have a relevant interest in the hearing. Pursuant to 
Rule 1010.1(d) of BPA's Procedures, BPA waives the requirement in Rule 
1010.4(d) that an opposition to an intervention petition be filed and 
served 24 hours before the prehearing conference. Any opposition to an 
intervention petition must instead be made at the prehearing 
conference. Any party, including BPA, may oppose a petition for 
intervention. All timely petitions will be ruled on by the hearing 
officer. Late interventions are strongly disfavored. Opposition to an 
untimely petition to intervene must be filed and received by BPA within 
two days after service of the petition.

FOR FURTHER INFORMATION CONTACT: Ms. Heidi Helwig--DKE-7, Public 
Affairs Specialist, Bonneville Power Administration, P.O. Box 3621, 
Portland, Oregon 97208-3621; by phone at 503-230-3488 or toll free at 
1-800-622-4519; or via e-mail to hyhelwig@bpa.gov.
    Responsible Official: Mr. Raymond D. Bliven, Power Rates Manager, 
is the official responsible for the development of BPA's power rates, 
and Mr. Edison Elizeh, Commercial Business Assessment Manager, is the 
official responsible for the development of BPA's transmission and 
ancillary services rates.
    BPA Attorney Advisors: Mr. Peter J. Burger is the principal BPA 
attorney assigned to the power rates sub-docket proceeding, and Mr. 
Barry Bennett is the principal BPA attorney assigned to the 
transmission and ancillary services rates sub-docket proceeding. Mr. 
Burger may be contacted as follows: by U.S. Mail at Mr. Peter J. 
Burger, Office of General

[[Page 9091]]

Counsel, LP-7, Bonneville Power Administration, P.O. Box 3621, 
Portland, OR 97208-3621; via e-mail at pjburger@bpa.gov; or by 
telephone at 503-230-4148. Mr. Bennett may be contacted as follows: by 
U.S. Mail at Mr. Barry Bennett, Office of General Counsel, LC-7, 
Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208-
3621; via e-mail at bbennett@bpa.gov; or by telephone at 503-230-4053.

    Issued this 20 day of February, 2009.
Stephen J. Wright,
Administrator and Chief Executive Officer.
[FR Doc. E9-4323 Filed 2-27-09; 8:45 am]

BILLING CODE 6450-01-P