Federal Register - September 20, 2021
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Source: Federal Register
52146
Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
2024, to be available for eligible new preference entities, as firm power.
Firm power means firm capacity and associated energy allocated by WAPA
that is subject to the terms and conditions specified in WAPAs longterm LAP firm electric service contract.
The amount of the resource that will become available October 1, 2024, is approximately 6.9 MW for the summer season and 6.1 MW for the winter season.
II. General Eligibility Criteria WAPA will apply the following general eligibility criteria to applicants seeking an allocation of firm power under the 2025 Resource Pool:
A. All qualified applicants must be preference entities as defined by Section 9c of the Reclamation Project Act of 1939 43 U.S.C. 485hc, as amended and supplemented.
B. All qualified applicants must be located within the currently established LAP marketing area. See Section III.C.
for a description of the LAP marketing area.
C. All qualified applicants must not have a current LAP firm electric service contract or be a member of a parent entity who has a LAP firm electric service contract with WAPA.
D. All qualified utility and non-utility applicants must be able to use the firm power directly or be able to sell it directly to retail customers.
E. All qualified utility applicants who are municipalities, cooperatives, public utility districts, or public power districts must attain utility status by October 1, 2021. Utility status means the entity has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase firm power from WAPA on a wholesale basis.
F. A qualified Native American applicant must be an Indian Tribe as defined in section 4 of the Indian SelfDetermination and Education Assistance Act 25 U.S.C. 5304e, as amended and supplemented.
III. General Allocation Criteria WAPA will apply the following general allocation criteria to applicants seeking an allocation of firm power under the 2025 Resource Pool:
A. Allocations of firm power will be made in amounts solely determined by WAPA in exercising its discretion as permitted under Reclamation Law.
B. An allottee will have the right to purchase firm power only after executing a LAP firm electric service contract between WAPA and the allottee and satisfying all conditions for firm electric service delivery in that contract.
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C. Firm power allocated under these procedures will be available only to new, qualified applicants residing within LAPs current marketing area.
The LAP current marketing area includes parts of Colorado, Kansas, Nebraska, and Wyoming. LAPs marketing area is specifically defined as the portion of Colorado east of the Continental Divide, Mountain Parks Electric, Inc.s service territory in Colorado west of the Continental Divide, the portion of Kansas located in the Missouri River Basin, the portion of Kansas west of the eastern borders of the counties intersected by the 100th Meridian, the portion of Nebraska west of the 101st Meridian, and the portion of Wyoming east of the Continental Divide.
D. An allocation of firm power made to an Indian Tribe will be based on actual load, or estimated load as developed by the Indian Tribe, in calendar year 2020. WAPA will evaluate and may adjust inconsistent estimates during the allocation process. WAPA is willing to assist Indian Tribes in developing load estimating methods.
E. Allocations made to eligible utility and non-utility applicants will be based on actual calendar year 2020 loads.
WAPA will apply the 2025 PMI criteria to these loads, except as stated herein.
F. Firm capacity and energy will be based upon each applicants calendar year 2020 load factor.
G. Any long-term LAP firm electric service contract offered by WAPA to an eligible applicant is expected to be executed by the applicant no later than September 30, 2022, unless otherwise agreed to in writing by WAPA.
H. The 2025 Resource Pool will be dissolved after September 30, 2022, the closing date for executing firm electric service contracts. Firm power, not under contract or a written contract execution extension, will be used as WAPA
determines.
I. The minimum allocation shall be 100 kilowatts kW.
J. The maximum allocation shall be 5,000 kW. Qualified Native American applicants are not subject to this limitation.
K. Contract rates of delivery shall be subject to adjustment in the future as provided in the 2025 PMI and the firm electric service contract between WAPA
and the allottee.
L. If WAPA encounters obstacles to delivering firm electric service to an Indian Tribe, it retains the right to provide the economic benefit of the resource directly to the Indian Tribe.
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IV. General Contract Principles WAPA will apply the following general contract principles to all allottees receiving an allocation of firm power under the 2025 Resource Pool:
A. WAPA, at its discretion and sole determination, reserves the right to adjust the contract rate of delivery on a five years advance written notice in response to changes in hydrology and river operations. Any such adjustments shall take place only after a public process.
B. Each allottee is ultimately responsible for making its own thirdparty delivery arrangements. WAPA
may assist allottees in making thirdparty transmission arrangements for delivery of firm power.
C. Contracts entered under the 2025
Resource Pool allocation procedures shall provide for WAPA to furnish firm electric service effective October 1, 2024, through September 30, 2054.
D. Contracts entered under the 2025
Resource Pool shall incorporate WAPAs standard provisions for power sales contracts, integrated resource planning, and the General Power Contract Provisions.
V. Applications for Firm Power Through this notice, WAPA formally requests applications from new qualified preference entities interested in purchasing firm power beginning October 1, 2024, through September 30, 2054. All applicants must submit applications using the APD form.
Completed applications for an allocation of firm power under the 2025
Resource Pool must be submitted in writing either via regular postal delivery to the Regional Manager, Rocky Mountain Region, or electronically via email to the Contracts and Energy Services Manager. The APD form must be received by WAPAs Rocky Mountain Region in accordance with the requirements listed herein. WAPA will not consider applications submitted before publication of this notice or after the deadline specified in the DATES
section. Applications are available either upon request or in fillable Word and PDF versions at https
www.wapa.gov/regions/RM/
PowerMarketing/Pages/2025-LovelandArea-Projects-Resource-Pool.aspx.
A. Applicant Profile Data Form APD form content and format are outlined below. To be considered, each applicant must submit its completed and signed APD form to WAPAs Rocky Mountain Region no later than 4:00
p.m., MST, on November 15, 2021. See the DATES and ADDRESSES sections listed
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