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<br />.~~. <br /> <br />UKAr-1 <br /> <br />users that such development may ultimately not occur" (59 FR 55107). <br /> <br />The <br /> <br />Commission is not s.eeking to "punish" power users by insisting that Western I 5 <br /> <br />rate accurately reflect State depletion projections. This is an extremely <br /> <br />specious claim, since many of these power users are also citizens of the <br /> <br />States the Commission represents, and these States obviously seek fairness for <br /> <br />all their citizens, power and water users alike. The Commission merely asks <br /> <br />that Western--under direction from FERC if necessary--fully comply with the <br /> <br />CRSP Act and not affect or unduly jeopardize the States' ability to develop <br /> <br />their compact-apportioned waters at their own pace. Western and FERC should <br /> <br />not seek to remove any "punishment" imposed by the law. <br /> <br />Conclusion <br /> <br />The Commission is asking FERC to settle a extremely fundamental question: <br /> <br />Who is best able to predict the rate at which the Upper Division States will <br /> <br />develop the water apportioned to them by the Colorado River compacts. The <br /> <br />Commission believes that it is the States whose employees have hands-on, day- <br /> <br />to-day experience with water development who are the experts on rates and <br /> <br />reasonableness of depletions. Western has neither the statutory authority nor <br /> <br />the technical expertise to legitimately modify data utilized by Reclamation <br /> <br />for use in the energy and capacity studies prepared for and provided to <br /> <br />Western for rate-setting purposes. <br /> <br />Furthermore, the Commission believes that FERC should require Western to <br /> <br />abide by the terms of its 1983 Agreement with Reclamation. The contemporane- <br /> <br />ous interpretation of the Agreement for the 1983 rate reflecting ultimate <br /> <br />Upper Division States development at the rate projected by the States, should <br /> <br />apply in all of Westernls rate-setting processes. Furthermore, the Commission <br /> <br />and the Upper Division States were not parties to the 1983 Agreement, and FERC <br /> <br />9 <br />