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as will provide reasonable assurance of notice to persons subject to the regulations.

8 861.7 Applicability of other laws.

Nothing in this part shall be construed to affect the applicability of the provisions of State laws or of other Federal laws.

Thence westerly approximately 8.49 miles

to a point at latitude 36°40'13.666", longi

tude 116°26'47.915"; Thence northerly approximately 32.87 miles

to a point at latitude 37°08'50”, longitude

116°26'44.125"; Thence northwesterly approximately 15.37

miles to a point at latitude 37°20'45", longitude 116°34'20", the point of beginning

herein. (41 FR 56788, Dec. 30. 1978, as amended at 44 FR 37939, June 29, 1979)

APPENDIX A TO PART 861—PERIMETER DESCRIPTION OF DOE'S NEVADA TEST SITE

PART 871—AIR TRANSPORTATION

OF PLUTONIUM

Sec. 871.1 National security exemption. 871.2 Public health and safety exemption. 871.3 Records. 871.4 Limitation on redelegation of author

ity. AUTHORITY: Pub. L. 94-187, Pub. L. 93-438, sections 2, 3, 91, 123, and 161 of the Atomic Energy Act of 1954, as amended.

SOURCE: 42 FR 48332, Sept. 23, 1977, unless otherwise noted.

The Nevada Test Site, containing approximately 858,764 acres located in Nye County, Nev., is described as follows: Beginning at the northwesterly corner of

the tract of land hereinafter described, said corner being at latitude 37°20'45", lon

gitude 116°34'20"; Thence easterly approximately 6.73 miles,

to a point at latitude 37°20'45" longitude

116°27'00"; Thence northeasterly approximately 4.94

miles to a point at latitude 37°23'07", lon

gitude 116°22'30"; Thence easterly approximately 4.81 miles to

a point at latitude 37°23'07", longitude

116°17'15"; Thence southeasterly approximately 6.77

miles to a point at latitude 37°19'47", lon

gitude 116°11'10"; Thence southerly approximately 5.27 miles

to a point at latitude 37°15'12.043", longi

tude 116°11'10"; Thence easterly approximately 14.21 miles

to a point at latitude 37°15'07.268", longi

tude 115°55'42.268"; Thence southerly approximately 39.52 miles

to a point at latitude 36°40'43.752", longi

tude 115°55'37.687"; Thence westerly approximately 2.87 miles

to a point at latitude 36°40'40.227", longi

tude 115°58'43.956''; Thence southerly approximately 5.23 miles

to a point at latitude 36°36'07.317", longi

tude 115°58'41.227"; Thence southwesterly along a perimeter dis

tance approximately 5.82 miles to a point at latitude 36°34'39.754", longitude

116°04'11.167"; Thence northerly approximately 3.20 miles

to a point at latitude 36°37'26.804", longi

tude 116°04'11.355"; Thence northwesterly approximately 5.16

miles to a point at latitude 36°40'28.854",

longitude 116°08'17.749"'; Thence westerly approximately 8.63 miles

to a point at latitude 36°40'23.246", longi

tude 116°17'37.466"; Thence southerly approximately 0.19 mile

to a point at latitude 36°40'13.330", longitude 116°17'37.461";

$ 871.1 National security exemption.

(a) The following DOE air shipments of plutonium are considered as being made for the purposes of national security within the meaning of Section 502(2) of Pub. L. 94-187:

(1) Shipments made in support of the development, production, testing, sampling, maintenance, repair, modification, or retirement of atomic weapons or devices;

(2) Shipments made pursuant to international agreements for cooperation for mutual defense purposes; and

(3) Shipments necessary to respond to an emergency situation involving a possible threat to the national security.

(b) The Managers of DOE's Albuquerque, San Francisco, Oak Ridge, Savannah River, and Nevada Operations Offices may authorize air shipments falling within paragraph (a)(1) of this section, on a case-by-case basis: Provided, That the matter falls within their respective scopes of responsibility and that they determine such shipment is required to be made by aircraft either because:

(1) The delay resulting from using ground transportation methods would PART 903—POWER AND TRANSMISSION RATES

Subpart A-Procedures for Public Participation

in Power and Transmission Rate Adjustments and Extensions for the Alaska, Southeastern, Southwestern, and Western Area Power Administrations

have serious adverse impact upon a national security requirement;

(2) Safeguards or safety considerations dictate the use of air transportation;

(3) The nature of the item to be shipped necessitates the use of air transportation in order to avoid possible damage which may be expected from other available transportation environments; or

(4) The nature of the item being shipped necessitates rapid shipment by air in order to preserve the chemical, physical, or isotopic properties of the item. They may also authorize air shipments falling within paragraph (a)(2) of this section in all cases since the inherent time delays of surface transportation for such shipments are considered unacceptable. They may also authorize air shipments falling within paragraph (a)(3) of this section in cases where failure to make shipments by air could jeopardize the national security of the United States. 8871.2 Public health and safety exemp

tion. The Managers of DOE's Albuquerque, San Francisco, Oak Ridge, Savannah River, Nevada, Chicago, Idaho, and Richland Operations Offices may authorize, on a case-by-case basis, DOE air shipments of plutonium where they determine that rapid shipment by air is required to respond to an emergency situation involving possible loss of life, serious personal injuries, considerable property damage, or other significant threat to the public health and safety.

Sec. 903.1 Purpose and scope; application. 903.2 Definitions. 903.11 Advance announcement of rate ad

justment. 903.13 Notice of proposed rates. 903.14 Consultation and comment period. 903.15 Public information forum(s). 903.16 Public comment forum(s). 903.17 Revised proposed rates. 903.21 Provisional rates. 903.22 Final rate approval. 903.23 Rate extensions.

AUTHORITY: Secs. 301(b), 302(a), and 644 of Dept. of Energy Organization Act Pub. L. 95-91 (42 U.S.C. 7101 et seq.); sec. 5 of the Flood Control Act of 1944 (16 U.S.C. 825s); the Reclamation Act of 1902 (43 U.S.C. 372 et seq.), as amended, particularly sec. 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)); and the Acts specifically applicable to individual projects or power systems.

SOURCE: 45 FR 86983, Dec. 31, 1980, unless otherwise noted.

§ 871.3 Records.

Determinations made by the authorizing officials pursuant to these rules shall be matters of record. Such authorizations shall be reported to the Assistant Administrator for National Security within twenty-four hours after authorization is granted.

Subpart A-Procedures for Public

Participation in Power and Transmission Rate Adjustments and Extensions for the Alaska, Southeastern, Southwestern, and Western

Area Power Administrations $ 903.1 Purpose and scope; application.

(a) These regulations establish procedures for the development, and for the confirmation and approval on an interim basis by the Assistant Secretary for Resource Applications, of new, revised, or extended power and transmission rates of the Alaska Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, and the Western Area Power Administration, and opportunities for interested members of the public to participate in the development of such rates. These regulations supplement Delega. tion Order No. 0204-33 dated December 21, 1978, of the Secretary of

$ 871.4 Limitation on redelegation of au

thority. The authority delegated in this part may not be redelegated without the prior approval of the Assistant Administrator for National Security.

Energy, effective January 1, 1979, which was published in the FEDERAL REGISTER on December 28, 1978 (43 FR 60636), with respect to the activities of the Assistant Secretary for Resource Applications and the Power Marketing Administrators.

(b) These regulations shall apply to all power and transmission rate adjustment proceedings for the four power marketing administrations which are commenced after these regulations become effective. Thus, for all new rate proceedings they supersede the informal practices followed by the Alaska and Southwestern Power Administrations and sup sed the following published regulations only as they apply to rate adjustments: (1) For the Southeastern Power Administration, the “Procedure for Public Participation in the Formulation of Marketing Policy,” 43 FR 29186 (July 6, 1978); and (2) for the Western Area Power Administration, the “Procedures for Public Participation in General Adjustments in Rates for Power Marketed by the Western Area Power Administration,” 43 FR 12076 (Mar. 23, 1978), as amended by 44 FR 7796 (Feb. 7, 1979).

stalled capacity of less than 20,000 kilowatts, or (3) will not be provided for more than one year, or (4) is for the temporary disposition, for not more than one year, of the output of a new powerplant.

(g) “Minor rate adjustment” means a rate adjustment which: (1) Will produce less than a 1 percent change in the annual revenues of the power system, or (2) is for a power system which has either annual sales normally less than 100 million kilowatthours or an installed capacity of less than 20,000 kilowatts, or (3) is a rate for a minor new service.

(h) “New service" means a service not previously provided. The term includes, but is not limited to, service from a new powerplant, where this is sold under a separate rate, or service from a new power system.

(i) “Notice" means the statement which informs customers and the general public of Proposed Rates, Revised Proposed Rates, Proposed Substitute Rates, rate extensions or proposed rate extensions, opportunities for consultation and comment, and public information and public comment forums. The Notice shall be by and effective on the date of publication in the FEDERAL REGISTER. Whenever a time period is provided, the date of publication in the FEDERAL REGISTER shall determine the commencement of the time period, unless otherwise provided in the Notice. The Notice shall include the name, address, and telephone number of the person to contact if participation or further information is sought.

(j) “Power Marketing Administration” or “PMA” means Alaska Power Administration (APA), Bonneville Power Administration (BPA), Southeastern Power Administration (SEPA), Southwestern Power Administration (SWPA), Western Area Power Administration (WAPA), or such additional PMAs as may be created to administer power marketing functions of the Department.

(k) “Power system” means a powerplant or a group of powerplants and related facilities, including transmission facilities

transmission system, that the PMA treats as one

or

8 903.2 Definitions.

As used herein

(a) “Administrator" means the Administrator of the Power Marketing Administration (PMA) whose rate is involved in the rate adjustment, or anyone acting in such capacity.

(b) “Assistant Secretary” means the Assistant Secretary for Resource Applications of the Department, anyone acting in such capacity.

(C) “Department” means the Department of Energy including the PMAS and excluding the Federal Energy Regulatory Commission.

(d) “FERC” means the Federal Energy Regulatory Commission.

(e) “Major adjustment” means a rate adjustment other than a minor rate adjustment.

(f) “Minor new service” means a new service which: (1) Will produce less than a 1 percent change in the annual revenues of the power system, or (2) is for a new power system which has either annual sales normally less than 100 million kilowatthours or an in

or

a

$ 903.11 Advance announcement of rate

adjustment. The Administrator may announce that the development of rates for a new service or revised rates for an existing service is under consideration. The announcement shall (1) specify the rates which are to be developed or revised, and (2) contain any other pertinent information relevant to the rate adjustment process. The announcement may be through direct contact with customers, at public meetings, by press release, by newspaper advertisement, and/or FEDERAL REGISTER publication. Written comments relevant to rate policy and design and to the rate adjustment process may be submitted by interested parties in response to the announcement. Any comments received shall be considered in the development of Proposed Rates.

unit for the purpose of establishing rates and demonstrating repayment.

(1) "Rate" means the monetary charge or the formula for computing such a charge for any electric service provided by the PMA, including but not limited to charges for capacity (or demand), energy, or transmission service, and discounts or surcharges; however, it does not include leasing fees, service facility charges, or other types of facility use charges. A rate may be set forth in a rate schedule or in a contract.

(m) “Rate adjustment" means a change in an existing rate or rates, or the establishment of a rate or rates for a new service. It does not include a change in rate schedule provisions or in contract terms, if such change does not involve a change in the price per unit of service, nor does it include changes in the monetary charge pursuant to a formula stated in a rate schedule or a contract.

(n) "Rate schedule" means a document identified as a "rate schedule,” "schedule of rates" or "schedule rate" which designates the rate or rates applicable to a class of service specified therein and may contain other terms and conditions relating to the service.

(0) Rate types:

(1) “Proposed Rate" means a rate revision or a rate for a new service which is under consideration by the Department on which public comment is invited.

(2) "Revised Proposed Rate" means a revision of a Proposed Rate on which, in the Administrator's judgment, further public comment should be invited.

(3) “Provisional Rate" means a rate that has been confirmed and approved on an interim basis by the Assistant Secretary.

(4) “Proposed Substitute Rate" means a proposed substitute for a Provisional Rate that has been disapproved by the FERC on which, in the Administrator's judgment, further public comment should be invited.

(5) "Substitute Rate” means a rate submitted by the Assistant Secretary to the FERC as a proposed substitute for a Provisional Rate or a previous Substitute Rate that has been disapproved by the FERC.

8 903.13 Notice of proposed rates.

(a) The Administrator shall give Notice that Proposed Rates have been prepared and are under consideration. The Notice shall include:

(1) The Proposed Rates;

(2) An explanation of the need for and derivation of the Proposed Rates;

(3) The location(s) at which data, studies, reports or other documents used in developing the Proposed Rates are available for inspection and/or copying;

(4) The date(s), time(s) and location(s) of any initially scheduled public information and comment forum; and

(5) Addresses to which written comments relative to the Proposed Rates may be submitted.

(b) Upon request, customers of the power system and other interested persons will be provided with copies of the principal documents used in developing the Proposed Rates.

$ 903.14 Consultation and comment

period. All interested persons will have the opportunity to consult with and obtain information from the PMA, to examine back-up data, and to make suggestions for modification of the Proposed Rates for a period ending (1) (90) days, in the case of major rate ad

justments, or 30 days in the case of writing at least 15 days before the end minor rate adjustments, after the of the consultation and comment Notice of Proposed Rates is published period. However, questions that inin the FEDERAL REGISTER, except that volve voluminous data contained in such periods may be shortened for the PMA records may best be angood cause shown; (2) 15 days after

swered by providing an opportunity written answer is provided pursuant to for consultation and for a review of $ 903.15(b); (3) 15 days after the close the records at the PMA offices. As a of the (last) public comment forum de- minimum, the proceedings of the scribed in $ 903.16 below; or (4) such forum(s) held at the one principal loother time as the administrator may cation shall be transcribed. Copies of designate; whichever is later. At any all documents introduced, and of questime during this period, interested per- tions and written answers shall be sons may submit written comments to

available at a designated location for the PMA regarding the Proposed

inspection and copies will be furnished Rates. The Administrator may also

by the Administrator on request for provide additional time for the sub

which a fee may be assessed. Copies of mission of written rebuttal comments.

the transcript may be obtained from All written comments shall be availa

the transcribing service. ble at a designated location for inspection, and copies also will be furnished

8 903.16 Public comment forum(s). on request for which the Administra

(a) One or more public comment tor may assess a fee. Prior to the action described in $ 903.21, the Ad

forums shall be held for major rate administrator may by appropriate an

justments and may be held for minor nouncement postpone any procedural

rate adjustments, to provide interested date or make other procedural

persons an opportunity for oral preschanges for good cause shown at the

entation of views, data, and arguments request of any party or on the Admin

regarding the Proposed Rates. The istrator's own motion. The Adminis

number, date(s), and location(s) of trator shall maintain, and distribute

such forum(s) will be determined by on request, a list of interested persons.

the Administrator in accordance with

the anticipated or demonstrated inter8 903.15 Public information forum(s). est in the Proposed Rates. Notice shall (a) One or more public information

be given at least 30 days in advance of forums shall be held for major rate ad

the first forum at each location and justments and may be held for minor

shall include the purpose, date, time, rate adjustments, to explain, and to

place, and other information relevant answer questions concerning, the Pro

to the forum, as well as the locations posed Rates and the basis of and justi

where pertinent documents are availafication for proposing such rates. The

ble for examination and/or copying. number, date(s) and location(s) of (b) The Administrator shall desigsuch forum(s) will be determined by nate a forum chairperson. At the the Administrator in accordance with

forum, PMA representatives may questhe anticipated or demonstrated inter- tion those persons making oral stateest in the Proposed Rates. Notice shall ments and comments. The chairperson be given in advance of such forum(s) shall have discretion to establish the and shall include the purpose, date, sequence of and time limits for oral time, place, and procedures for such presentations and to determine if the forum(s). A public information forum comments are relevant and noncumumay be combined with a public com- lative. Forum proceedings shall be ment forum held in accordance with transcribed. Copies of all documents $ 903.16.

introduced shall be available at a des(b) The Administrator shall appoint ignated location for inspection, and a forum chairperson. Questions raised copies shall be furnished on request at the forum concerning the Proposed for which the Administrator may Rates and the studies shall be an- assess a fee, Copies of the transcript swered by PMA representatives at the may be obtained from the transcribing forum, at a subsequent forum or in service.

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