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<br />10 <br /> <br /> <br />. <br /> <br />. <br /> <br />proposed rate increase did not conform to basic due <br />process of law requirements. For a Western rate <br />adjustment to be enforceable, that rate must have <br />been developed via a procedure which afforded Western <br />customers fundamental due process of law. <br /> <br />It appears from the record that these due process <br />requirements were met. Notice of the proposed rate <br />increase was given in a timely manner. A number of <br />public comment and information forums were held. The <br />basis upon which Western made its determinations was <br />made available. In essence, all procedural due process <br />requirements have been met. This conclusion was <br />challenged by one customer concerning the availability <br />of access to the computer program upon which Western <br />based its repayment study. Western believes that <br />adequate and timely access to this program was afforded <br />to the parties involved. The argument that the access <br />to the computer program was delayed and insufficient is <br />without merit. It does not appear that due process of <br />law has been violated regarding the availability of the <br />computer program. <br /> <br />2. FERC review and approval <br /> <br />Further comments raised the issue of FERC review, <br />specifically whether the Federal Power Act restrictions <br />on the inclusion of future projects in repayment studies <br />by private utilities would restrict FERC approval <br />regarding ratemaking by Western. At present, FERC has <br />yet to adopt its own procedural standards for Federal <br />Power Marketing Administrations. As it appears that <br />the rate proposed by Western is required by law, the <br />Federal Power Act's restrictions on private utilities <br />would have no affect. It must be noted that when FERC <br />does establish its review procedures, this review will <br />be limited to whether Western properly conformed to and <br />applied the law. In this case, the issue would be <br />whether P.L. 84-485 does in fact require the inclusion <br />of all authorized projects in the repayment study. <br /> <br />C. Comments on Other Legislation <br /> <br />1. National and Environmental Policy Act <br /> <br />A number of comments raised the issue of whether the <br />National Environmental Policy Act (NEPA) is applicable <br />to either ratemaking in general or to.CRSP ratemaking in <br />particular. Western believes that NEPA is applicable to <br />