[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)] [Notices] [Page 6234] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-3291] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [Docket No. ER97-1412-000] Niobrara Valley Electric Membership Corporation; Notice of Filing February 5, 1997. Take notice that on January 28, 1997, Niobrara Valley Electric Membership Corporation (Niobrara) tendered for filing as a rate schedule an executed Agreement with Nebraska Public Power District (NPPD) entitled ``Agreement for Joint Planning and Ownership of Subtransmission Facilities'' dated January 22, 1979, as amended. Niobrara explains that the filing is made pursuant to Ordering Paragraph (F) of the Commission's Order of October 30, 1996 in Central Electric Cooperative, Inc. et al., Docket Nos. OA96-41-000 et al. The filing states that the Agreement with NPPD is the sole document in Niobrara's possession or control that establishes a basis for the use of its subtransmission facilities. Niobrara states that it has, through agreements with NPPD, turned over responsibility for operational control of its facilities to NPPD, the control area operator. Any charges for the use of Niobrara's facilities are said to be developed by NPPD and are part of the overall rates that NPPD charges for its sale and transmission facilities. Niobrara's filing indicates that, under the Agreement, each party pays for service on its facilities on the basis of a formula which compares each party's proportion of the total investment to its proportion of the noncoincidental peak load. As of the date of the filing, according to Niobrara, it is deemed the deficient party and makes a monthly payment to NPPD. Niobrara states that it receives no revenues for use of the facilities, directly or indirectly. Niobrara's filing also notes that it has filed a motion for reconsideration of the Commission's Order determining that it is performing jurisdictional transmission service. Niobrara seeks a waiver of the requirement for filing supporting data, required to accompany a rate schedule filing, citing its small size and small administrative staff. Noting that the Agreement has been in force for 18 years and is the basis for continued service to its retail customers, Niobrara has also sought a waiver of the notice requirements in the Commission's Regulations and an immediate effective date for the Agreement. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or protests should be filed on or before February 14, 1997. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 97-3291 Filed 2-10-97; 8:45 am] BILLING CODE 6717-01-M