[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Rules and Regulations]
[Page 14008-14040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr09-4]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
[Docket No. RM08-11-000; Order No. 722]
Version Two Facilities Design, Connections and Maintenance
Reliability Standards
Issued March 20, 2009.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 215 of the Federal Power Act, the
Commission approves three revised Reliability Standards developed by
the North American Electric Reliability Corporation (NERC), which the
Commission has certified as the Electric Reliability Organization
responsible for developing and enforcing mandatory Reliability
Standards. The three revised Reliability Standards, designated by NERC
as FAC-010-2, FAC-011-2 and FAC-014-2, set requirements for the
development and communication of system operating limits of the Bulk-
Power System for use in the planning and operation horizons. In
addition, the Commission approves, with modifications, the violation
severity levels for the three Reliability Standards.
DATES: Effective Date: This rule will become effective April 29, 2009.
FOR FURTHER INFORMATION CONTACT:
Cory Lankford (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-6711.
Cynthia Pointer (Technical Information), Office of Electric
Reliability, Division of Reliability Standards, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202) 502-6069.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
numbers
I. Background............................................... 2
A. Mandatory Reliability Standards...................... 2
B. NERC's Proposed Version Two FAC Reliability Standards 3
C. Notice of Proposed Rulemaking........................ 5
II. Discussion.............................................. 9
A. Load Greater Than Studied............................ 12
B. Cascading Outages.................................... 17
C. Loss of Consequential Load........................... 21
D. Violation Severity Levels............................ 26
1. General Matters.................................. 32
2. Assignment of Violation Severity Levels to Sub- 37
Requirements NERC Filing...........................
3. Removal of Unnecessary Violation Severity Level 47
Assignments NERC Filing............................
4. Compliance With the Commission's Violation 51
Severity Level Guidelines..........................
a. Requirement R1 of FAC-010-2 and FAC-011-2 54
NERC Filing....................................
b. FAC-010-2 Requirement R4 NERC Filing......... 60
c. FAC-011-2, Requirement R3 NERC Filing........ 66
d. FAC-011-2, Requirement R4 NERC Filing........ 72
e. FAC-014-2, Requirements R1 Through R4 NERC 76
Filing.........................................
f. FAC-014-2, Requirement R5 NERC Filing........ 82
g. FAC-014-2, Requirement R6 NERC Filing........ 85
E. Violation Risk Factors............................... 90
F. WECC Regional Differences............................ 94
[[Page 14009]]
G. Effective Date....................................... 101
III. Information Collection Statement....................... 102
IV. Environmental Analysis.................................. 104
V. Regulatory Flexibility Act............................... 105
VI. Document Availability................................... 108
VII. Effective Date and Congressional Notification.......... 111
Before Commissioners: Jon Wellinghoff, Chairman; Suedeen G. Kelly,
Marc Spitzer, and Philip D. Moeller.
1. Pursuant to section 215 of the Federal Power Act,\1\ the
Commission approves three revised Reliability Standards concerning
Facilities Design, Connections and Maintenance (FAC) that were
developed by the North American Electric Reliability Corporation
(NERC), which the Commission has certified as the Electric Reliability
Organization (ERO) responsible for developing and enforcing mandatory
Reliability Standards. The three revised Reliability Standards,
designated by NERC as FAC-010-2, FAC-011-2, and FAC-014-2, set
requirements for the development and communication of system operating
limits of the Bulk-Power System for use in the planning and operation
horizons. In addition, the Commission approves, with modifications, the
violation severity levels for the three Reliability Standards.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o.
---------------------------------------------------------------------------
I. Background
A. Mandatory Reliability Standards
2. Section 215 of the FPA requires a Commission-certified ERO to
develop mandatory and enforceable Reliability Standards, which are
subject to Commission review and approval. Once approved, the
Reliability Standards may be enforced by the ERO, subject to Commission
oversight, or by the Commission independently.\2\
---------------------------------------------------------------------------
\2\ 16 U.S.C. 824o(e)(3).
---------------------------------------------------------------------------
B. NERC's Proposed Version Two FAC Reliability Standards
3. In Order No. 705, the Commission approved three ``version one''
FAC Reliability Standards, FAC-010-1, FAC-011-1, and FAC-014-1,\3\
which require planning authorities and reliability coordinators to
establish methodologies to determine system operating limits for the
Bulk-Power System in the planning and operation horizons.\4\ In
addition, the Commission directed the ERO to develop modifications to
the Reliability Standard; and remanded the ERO's proposed definition of
``Cascading Outage.''
---------------------------------------------------------------------------
\3\ NERC designates the version number of a Reliability Standard
as the last digit of the Reliability Standard number. Therefore,
version one Reliability Standards end with ``-1'' and version two
Reliability Standards end with ``-2.''
\4\ Facilities Design, Connections and Maintenance Reliability
Standards, Order No. 705, 73 FR 1770 (Jan. 9, 2008), 121 FERC ]
61,296 (2007), order on reh'g and clarification, 123 FERC ] 61,239
(2008).
---------------------------------------------------------------------------
4. On June 30, 2008, in response to the Commission's directives in
Order No. 705, NERC submitted for Commission approval three revised FAC
Reliability Standards: \5\ System Operating Limits Methodology for the
Planning Horizon--FAC-010-2, System Operating Limits Methodology for
the Operations Horizon--FAC-011-2, and Establish and Communicate System
Operating Limits--FAC-014-2. NERC requests that FAC-010-2 be made
effective on July 1, 2008, FAC-011-2 on October 1, 2008, and FAC-014-2
on January 1, 2009, consistent with the implementation dates of version
one of these Reliability Standards.
---------------------------------------------------------------------------
\5\ The FAC Reliability Standards are not codified in the CFR
and are not attached to the Final Rule. They are, however, available
on the Commission's eLibrary document retrieval system in Docket No.
RM08-11-000 and are available on the ERO's Web site, http://
www.nerc.com.
---------------------------------------------------------------------------
C. Notice of Proposed Rulemaking
5. On October 16, 2008, the Commission issued a notice of proposed
rulemaking (NOPR) proposing to approve the revised FAC Reliability
Standards.\6\ In addition, the Commission expressed concern with
several of NERC's proposed assignments of violation severity levels and
proposed modifications. Further, the Commission proposed to apply the
violation risk factors associated with the version one FAC Reliability
Standards to the version two Reliability Standards approved here.
---------------------------------------------------------------------------
\6\ Version Two Facilities Design, Connections and Maintenance
Reliability Standards, 73 FR 63105 (Oct. 23, 2008), FERC Stats. &
Regs. ] 32,637 (2008) (NOPR).
---------------------------------------------------------------------------
6. In the NOPR, the Commission required that comments be filed
within 30 days after publication in the Federal Register, or November
24, 2008. Five parties filed comments in response to the FAC NOPR:
NERC, the Midwest Independent System Operator, Inc. (Midwest ISO), the
Bonneville Power Administration (BPA), the United States Department of
the Interior, Bureau of Reclamation (Bureau of Reclamation), and the
Independent Electric System Operator of Ontario (IESO). The Commission
addresses these comments below.
7. On October 15, 2008, NERC filed violation risk factors for the
version two FAC Reliability Standards and a regional difference for the
Western Interconnection. The violation risk factors filed by NERC are
identical to the violation risk factors assigned to the version one FAC
Reliability Standards.
8. Notice of NERC's October 15, 2008 filing was published in the
Federal Register, 74 FR 8082 (2009), with comments due on March 5,
2009. None was filed.
II. Discussion
9. As discussed below, the Commission finds the three FAC
Reliability Standards to be just, reasonable not unduly discriminatory
or preferential, and in the public interest. Further, the proposed
Reliability Standards are consistent with our directives in Order No.
705. The Commission therefore approves Reliability Standards FAC-010-2,
FAC-011-2, and FAC-014-2, effective 30 days after publication of this
final rule in the Federal Register.\7\
---------------------------------------------------------------------------
\7\ Reliability Standards cannot become effective before the
effective date of a Commission order approving them. See, e.g.,
Mandatory Reliability Standards for Critical Infrastructure
Protection, Order No. 706, 73 FR 7368 (Feb. 7, 2008), 122 FERC ]
61,040 (2008) at n.190.
---------------------------------------------------------------------------
10. In addition, as discussed below, we approve the ERO's proposed
violation severity levels and violation risk factors for the three FAC
Reliability Standards and direct the ERO to make certain modifications
to the violation severity levels within 30 days of the effective date
of this final rule.
11. In the sections below, we address each of the proposed
revisions to the FAC Reliability Standards as well as comments received
in response to the FAC NOPR.
[[Page 14010]]
A. Load Greater Than Studied
12. Sub-requirement R2.3.2 of FAC-011-1 (the ``version 1''
standard) provided that the system's response to a single contingency
may include, inter alia, ``[i]nterruption of other network customers,
only if the system has already been adjusted, or is being adjusted,
following at least one prior outage, or, if the real-time operating
conditions are more adverse than anticipated in the corresponding
studies, e.g., load greater than studied.'' NERC asserted that a
significant gap between actual and studied conditions (such as a large
error in load forecast) could be treated as though it were a
contingency under the version 1 of FAC-011-1 Reliability Standard.
13. In Order No. 705, the Commission disagreed with NERC's
explanation of FAC-011-1, sub-Requirement R2.3.2 and use of the phrase
``load greater than studied.'' \8\ However, the Commission found that
the meaning of Requirement R2.3 and sub-Requirement R2.3.2 was clear
without the phrase. The Commission therefore approved FAC-011-1, but
directed the ERO to revise the Reliability Standard through the
Reliability Standards development process. The Commission suggested
that NERC could address the Commission's concern by deleting the
phrase, ``e.g., load greater than studied.'' \9\
---------------------------------------------------------------------------
\8\ Order No. 705, 121 FERC ] 61,296 at P 70.
\9\ Id.
---------------------------------------------------------------------------
NERC Filing
14. In response to the Commission's directive, NERC revised the
Reliability Standard to remove the phrase ``e.g. load greater than
studied'' from Requirement R2.3.2. NERC described the phrase as an
example and stated that its removal does not materially change the
requirement.
NOPR Proposal
15. In the NOPR, the Commission proposed to approve NERC's removal
of the phrase ``e.g., load greater than studied'' from sub-requirement
R2.3.2 of FAC-011-2. The Commission noted that NERC's revision in FAC-
011-2 appeared reasonable and did not appear to change or conflict with
the stated requirements set forth in the version one Reliability
Standards approved in Order No. 705.
Commission Determination
16. The Commission approves the ERO's removal of the phrase ``e.g.,
load greater than studied'' from sub-requirement R2.3.2 of FAC-011-2.
As we explained in the NOPR, while NERC described the phrase ``load
greater than studied'' as simply an example and its removal does not
materially change the requirement, Order No. 705 found that the
operating conditions referred to in sub-Requirement R2.3.2 exacerbated
circumstances that were distinct from the actual contingency to be
addressed that is referred to in Requirement R2.3. Further, the
Commission, in Order No. 705, did not support treating ``load greater
than studied'' as a contingency.\10\ Rather, correcting for load
forecast error is not accomplished by treating the error as a
contingency, but is addressed under other Reliability Standards.\11\
The removal of the phrase ``load greater than studied'' resolves our
concern and, accordingly, we approve the revision.
---------------------------------------------------------------------------
\10\ NOPR, FERC Stats. & Regs. ] 32,637 at P 10 (citing Order
No. 705, 121 FERC ] 61,296 at P 69).
\11\ Id. (citing Order No. 705, 121 FERC ] 61,296 at P 68, which
states that ``transmission operators are required to modify their
plans whenever they receive information or forecasts that are
different from what they used in their present plans. Furthermore,
variations in weather forecasts that result in load forecast errors
are more properly addressed through operating reserve
requirements.'').
---------------------------------------------------------------------------
B. Cascading Outages
17. With the version one FAC Reliability Standards, NERC proposed
to add the term ``Cascading Outages'' to its glossary. In Order No.
705, the Commission noted that, although the glossary did not include a
definition of Cascading Outages, it included a previously-approved
definition of ``Cascading,'' which seemed to describe the same concept.
The Commission remanded NERC's proposed definition of Cascading Outages
because NERC did not describe either the need for two definitions that
seem to address the same matter or the variations between the two. The
Commission also raised specific concerns with NERC's proposed
definition of Cascading Outages. However, the Commission allowed NERC
to file a revised definition that addresses the Commission's
concerns.\12\
---------------------------------------------------------------------------
\12\ Order No. 705, 121 FERC ] 61,296 at P 111.
---------------------------------------------------------------------------
NERC Proposal
18. In response, NERC proposed to withdraw the definition of
Cascading Outages. Further, NERC revised Reliability Standards FAC-010-
2 and FAC-011-2 by removing the term Cascading Outages and replacing it
with Cascading.
NOPR Proposal
19. In the NOPR, the Commission proposed to approve NERC's
substitution of Cascading for Cascading Outage in the FAC Reliability
Standards.\13\ The Commission noted that NERC's proposed revisions to
FAC-010-2 and FAC-011-2 appeared reasonable and did not appear to
change or conflict with the stated requirements set forth in the
version one Reliability Standards approved in Order No. 705.
---------------------------------------------------------------------------
\13\ NOPR, FERC Stats. & Regs. ] 32,637 at P 13.
---------------------------------------------------------------------------
Commission Determination
20. The Commission approves the ERO's decision to withdraw the
definition of Cascading Outage, and to remove the term Cascading Outage
from the FAC Reliability Standards and replace it with the term
Cascading. This approach is consistent with Order No. 705 and provides
further clarity to the FAC Reliability Standards.
C. Loss of Consequential Load
21. Reliability Standard FAC-010-1 (version 1) Requirement R2.3,
provided that the system's response to a single contingency may
include, inter alia, ``planned or controlled interruption of electric
supply to radial customers or some local network customers connected to
or supplied by the Faulted Facility or by the affected area.'' \14\ In
response to a question raised by the Commission, NERC clarified that
the provision in FAC-010-1, Requirement R2.3 is limited to loss of load
that is directly connected to the facilities removed from service as a
direct result of the contingency, i.e., consequential load loss.
---------------------------------------------------------------------------
\14\ Identical language appears in FAC-011-1, Requirement R2.3.
---------------------------------------------------------------------------
22. In Order No. 705, the Commission reiterated its holding that
addressed similar language on loss of load in Order No. 693, regarding
Reliability Standard TPL-002-0. In Order No. 693, the Commission noted
that ``allowing for the 30 minute system adjustment period, the system
must be capable of withstanding an N-1 contingency, with load shedding
available to system operators as a measure of last resort to prevent
cascading failures.'' \15\ Order No. 693 directed the ERO to clarify
the planning Reliability Standard TPL-002-0 accordingly. The Commission
reached the same conclusion in Order No. 705. In Order No. 705, the
Commission approved Reliability Standard FAC-010-1, Requirement R2.3
and directed the ERO to ensure that the clarification developed in
response to Order No. 693 is made to the FAC Reliability Standards as
well.\16\
---------------------------------------------------------------------------
\15\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, 72 FR 16416 (Apr. 4, 2007), FERC Stats. & Regs. ]
31,242 at P 1788, order on reh'g, Order No. 693-A, 120 FERC ] 61,053
(2007).
\16\ Order No. 705, 121 FERC ] 61,296 at P 53.
---------------------------------------------------------------------------
[[Page 14011]]
NERC Filing
23. NERC, in its June 30, 2008 filing, stated its belief that
revisions to the term ``loss of consequential load'' is best addressed
in its ongoing project to modify the transmission planning (TPL) group
of Reliability Standards. NERC explains that the term ``loss of
consequential load'' is intrinsic to the scope of the project to revise
the TPL Reliability Standards and will be addressed there.
NOPR Proposal
24. In the NOPR, the Commission proposed to allow the ERO to
address revisions to the term ``loss of consequential load'' in the
modification being made to the TPL Reliability Standards. The
Commission advised that such revisions should be consistent with the
Commission's prior determinations in Order Nos. 693 and 705.\17\ The
Commission preliminarily found that FAC-010-2 and FAC-011-2 were
clearly understood as written and clarified in Order No. 705, including
its holding with respect to ``loss of consequential load,'' \18\ and
that NERC's proposal to deal with ``loss of consequential load'' in a
more related project was appropriate.
---------------------------------------------------------------------------
\17\ See NOPR, FERC Stats. & Regs. ] 32,637 at P 17 (citing
Order No. 705, 121 FERC ] 61,296 at P 53); Order No. 693, FERC
Stats. & Regs. ] 31,242 at P 1788 & n.461.
\18\ See id. P 53.
---------------------------------------------------------------------------
Commission Determination
25. The Commission adopts its NOPR proposal approving the ERO's
proposal to address revisions to the term ``loss of consequential
load'' in the modification being made to the TPL Reliability Standards.
D. Violation Severity Levels
26. In the event of a violation of a Reliability Standard, NERC
will establish the initial value range for the corresponding base
penalty amount. To do so, NERC will assign a violation risk factor for
each requirement of a Reliability Standard that relates to the expected
or potential impact of a violation of the requirement on the
reliability of the Bulk-Power System. In addition, NERC will define up
to four violation severity levels--Lower, Moderate, High, and Severe--
as measurements for the degree to which the requirement was violated in
a specific circumstance.
27. In Order No. 705, the Commission approved 63 of NERC's 72
proposed violation risk factors for the version one FAC Reliability
Standards and directed NERC to file violation severity level
assignments before the version one FAC Reliability Standards become
effective.\19\ Subsequently, NERC developed violation severity levels
for each requirement of the Commission-approved FAC Reliability
Standards, as measurements for the degree to which the requirement was
violated in a specific circumstance.
---------------------------------------------------------------------------
\19\ Order No. 705, 121 FERC ] 61,296 at P 137.
---------------------------------------------------------------------------
28. On June 19, 2008, the Commission issued an order approving the
violation severity level assignments filed by NERC for the 83
Reliability Standards approved in Order No. 693.\20\ In that order, the
Commission offered four guidelines for evaluating the validity of
violation severity levels, and ordered a number of reports and further
compliance filing to bring the remainder of NERC's violation severity
levels into conformance with the Commission's guidelines. The four
guidelines are: (1) Violation severity level assignments should not
have the unintended consequence of lowering the current level of
compliance; (2) violation severity level assignments should ensure
uniformity and consistency among all approved Reliability Standards in
the determination of penalties; \21\ (3) violation severity level
assignments should be consistent with the corresponding requirement;
and (4) violation severity level assignments should be based on a
single violation, not a cumulative number of violations.\22\ The
Commission found that these guidelines will provide a consistent and
objective means for assessing, inter alia, the consistency, fairness
and potential consequences of violation severity level assignments. The
Commission noted that these guidelines were not intended to replace
NERC's own guidance classifications, but rather, to provide an
additional level of analysis to determine the validity of violation
severity level assignments.
---------------------------------------------------------------------------
\20\ North American Electric Reliability Corp., 123 FERC ]
61,284 (Violation Severity Level Order), order on reh'g, 125 FERC ]
61,212 (2008) (Violation Severity Level Order on Rehearing and
Clarification).
\21\ Guideline 2 contains two sub-parts: (a) The single
violation severity level assignment category for binary requirements
should be consistent and (b) violation severity levels assignments
should not contain ambiguous language.
\22\ Id. P 17.
---------------------------------------------------------------------------
NERC Filing
29. In its initial filing, NERC identified violation severity
levels for FAC-010-2, FAC-011-2, and FAC-014-2. NERC acknowledged that
it developed these violation severity levels prior to the issuance of
the Violation Severity Level Order. NERC asked the Commission to accept
its violation severity levels, as filed, for the version two FAC
Reliability Standards even though it has not yet assessed their
validity using the four guidelines established in the Violation
Severity Level Order. NERC committed to assessing the violation
severity levels for the FAC Reliability Standards in the six-month
compliance filing required by the Violation Severity Level Order.\23\
---------------------------------------------------------------------------
\23\ NERC June 30, 2008 Filing, Docket No. RM07-3-000 at 5
(citing Violation Severity Level Order, 123 FERC ] 61,284 at P 42
(requiring NERC, within six months from the issuance of the
Violation Severity Level Order, to conduct a review of the approved
violation severity levels pursuant to the Commission guidelines, and
submit a compliance filing)).
---------------------------------------------------------------------------
NOPR Proposal
30. The NOPR proposed to approve, with modification, NERC's
proposed violation severity levels for FAC-010-2, FAC-011-2, and FAC-
014-2.\24\ The Commission acknowledged that NERC assigned its proposed
violation severity levels before the Commission established the four
guidelines for evaluating the validity of violation severity levels,
and preliminarily found that certain proposed violation severity levels
for the version two FAC Reliability Standards would not meet our
guidelines. The Commission therefore proposed certain modifications to
the violation severity levels to form a complete set of violation
severity levels. The Commission acknowledged that NERC committed to
assessing the violation severity levels in the compliance filing
required by the Violation Severity Level Order and encouraged NERC to
do so.\25\ If, however, NERC did not include an assessment of its FAC
violation severity levels in its six-month evaluation following the
issuance of the Violation Severity Level Order, the Commission proposed
to direct the ERO to submit an assessment of the FAC violation severity
levels within six months of the effective date of the final rule in
this docket.
---------------------------------------------------------------------------
\24\ NOPR, FERC Stats. & Regs. ] 32,637 at P 22.
\25\ The Violation Severity Level Order also, among other
things, directed that the ERO submit a compliance filing within six
months certifying that it had reviewed each of the violation
severity levels for consistency with Guidelines 2b, 3, and 4,
validating the assignments that meet those guidelines and proposing
revisions to those that do not. The Violation Severity Level Order
on Rehearing and Clarification extended the submission of ERO's
compliance filing by six months to September 18, 2009.
---------------------------------------------------------------------------
31. In the sections below, the Commission addresses comments and
approves, with modification, violation severity levels for FAC-010-2,
FAC-011-2 and FAC-014-2.
[[Page 14012]]
1. General Matters
Comments
32. NERC requests clarification regarding the Commission's
direction in paragraph 24 of the NOPR. In that paragraph, the
Commission states that it is concerned with several of the proposed
violation severity levels and then provides two examples. NERC asks the
Commission to clarify whether or not this was intended as a generic
statement to preface later paragraphs of the NOPR. NERC also asks if
the Commission has identified additional violation severity levels that
need revision beyond those identified in the body of the NOPR.
33. As a general matter, IESO supports the NERC's proposed
modifications to the FAC Reliability Standards, including the
associated violation risk factors and violation severity levels and
asks the Commission to accept them as filed. IESO states that the
violation risk factors and violation severity levels were developed in
a stakeholder process with active industry participation through NERC's
standards development process. IESO contends that the industry has the
resources, technical capability, and the experience necessary to
develop violation risk factors and violation severity levels that
reflect the requirements embedded in the various reliability standards.
IESO recommends that the Commission accept the industry developed and
balloted violation risk factors and violation severity levels where
these are established by NERC and the industry in adherence to a timely
and due process.
34. By contrast, the Bureau of Reclamation advocates that because
the violation severity levels require refinement, the Commission should
not approve NERC's proposed Reliability Standards. The Bureau of
Reclamation states that the Commission relies on NERC to develop
Reliability Standards and in the event a standard is found to be
inadequate, the Commission should remand the standard back to NERC. The
Bureau of Reclamation asks the Commission to rely on the existing
version until the proposed changes are made and resubmitted to the
Commission for approval. Otherwise, the Bureau of Reclamation contends,
it will be difficult for regulating entities to enforce uncertain
Reliability Standards.
Commission Determination
35. In response to NERC's comment, we clarify that the Commission's
statement in paragraph 24 of the NOPR that it is concerned with several
of the proposed violation severity levels was intended as a generic
statement to preface later paragraphs. In general, the Commission
approves the violation severity levels proposed by NERC. As discussed
in the NOPR, however, the Commission identified several violation
severity levels that appeared either unclear or inconsistent with the
Commission's guidelines for violation severity levels. In this final
rule, the Commission approves certain violation severity levels as
proposed by NERC and directs certain modifications, as discussed below.
36. The Commission disagrees with IESO's proposal that because the
violation severity levels proposed by NERC in this proceeding were
developed by industry participants through NERC's standard development
process, the Commission should approve the violation severity levels as
filed. The Commission has previously determined that, similar to
violation risk factors, violation severity levels are not part of the
Reliability Standard and, thus, are appropriately treated as an
appendix to NERC's Rules of Procedure.\26\ Revisions of violation
severity levels do not modify the Reliability Standard. Accordingly,
NERC is not required to comport with the Reliability Standards
development provisions of Federal Power Act section 215 when revising a
violation severity level assignment.\27\ It is for this reason that the
Commission also rejects the Bureau of Reclamation's request that the
Commission not approve the proposed Reliability Standards because the
proposed violation severity levels applicable to them require
additional work.
---------------------------------------------------------------------------
\26\ Violation Severity Level Order, 123 FERC ] 61,284 at P 15.
\27\ See North American Electric Reliability Corporation, 120
FERC ] 61,145, at P 16 (2007).
---------------------------------------------------------------------------
2. Assignment of Violation Severity Levels to Sub-Requirements
NERC Filing
37. NERC did not propose any violation severity level assignments
for sub-requirements.
NOPR Proposal
38. The Commission has directed NERC to develop violation severity
levels for each requirement and sub-requirement of each Reliability
Standard.\28\ The Commission therefore proposed to direct the ERO to
assign binary violation severity levels for all of the proposed sub-
requirements.\29\ In Order No. 705, the Commission found that the
binary approach is appropriate for certain violation severity level
assignments.\30\ In this instance, the Commission determined that the
binary approach is appropriate because the violation severity level of
the base requirement is established by whether a sub-requirement is
violated or not, not to the extent a sub-requirement is violated. Thus,
the Commission preliminarily found that the proposed binary
requirements satisfy guideline 3, which calls for consistency between
the violation severity level assignments and their corresponding
requirements. For example, FAC-010-2 Requirement R1.1 states that the
planning authority's system operating limit methodology shall ``[b]e
applicable for developing system operating limits used in the planning
horizon.'' \31\ Because NERC did not propose any violation severity
levels for this sub-requirement, the Commission proposed a binary
severe violation severity level that would be triggered when the
planning authority system operating limit methodology is not applicable
for developing system operating limits in the planning horizon. The
Commission stated that this binary approach for sub-requirements
provides clear criteria to determine the violation severity level for a
violation of the sub-requirement. The Commission proposed to direct the
ERO to file the revised violation severity levels within 30 days of the
final rule in this proceeding.
---------------------------------------------------------------------------
\28\ North American Electric Reliability Corp., 119 FERC ]
61,248 at P 80 (June 2007 Order), order on clarification, 120 FERC ]
61,239 (2007).
\29\ Binary requirements of Reliability Standards define
compliance in terms of ``pass'' or ``fail.''
\30\ Order No. 705, 121 FERC ] 61,296 at P 24.
\31\ NERC June 30, 2008 Filing, Docket No. RM07-3-000, ex. A.
---------------------------------------------------------------------------
Comments
39. NERC states that it did not intend to assign a penalty or
sanction based on the violation of each sub-requirement of a
Reliability Standard separate and distinct from the base requirement it
supports. Where a sub-requirement is phrased like a requirement and
addresses a different reliability objective from the base requirement,
NERC agrees that it is appropriate to assign a violation risk factor to
the primary requirement and to each sub-requirement that addresses
differing reliability objectives. NERC contends, though, that the
version two FAC Reliability Standards do not include any sub-
requirements serving a reliability objective separate from the base
requirement. NERC states that each of these sub-requirements is crafted
as an integral component of the base requirement, and is not intended
to be assessed for compliance independent of the base requirement. NERC
states that each base requirement is assigned a
[[Page 14013]]
violation risk factor and a set of violation severity levels that
incorporates each sub-requirement, irrespective of the number of sub-
requirements associated with the base requirement. Thus, NERC contends,
the severity of violating the reliability objective of the base
requirement and its associated sub-requirements is best assessed on the
whole at the base requirement level rather than on the individual sub-
requirement level.
40. NERC disagrees with the Commission's statement that NERC did
not propose any violation severity level assignments for sub-
requirements. NERC states that it proposed violation severity levels
for each sub-requirement by reference in the associated base
requirement of the related sub-requirement. NERC also disagrees with
the Commission's proposal to direct the ERO to assign ``Severe'' binary
violation severity levels for all of the proposed sub-requirements of
the base requirement. NERC contends that the assignment of ``Severe''
binary violation severity levels for all of the proposed sub-
requirements of a base requirement will create an overlap of violation
severity levels between the base and sub-requirements that will have
the unintended consequence of confusing the application of the NERC
sanction guidelines to a particular set of circumstances that involves
compliance with a particular sub-requirement as part of the base
requirement. NERC further contends that its proposed application of
violation severity levels relative to base and sub-requirements is
consistent with the Commission's criterion for approving Reliability
Standards.\32\ NERC contends that the approach proposed by the
Commission would create inconsistencies in the application of the
violation severity levels, contrary to the Commission's guidelines in
Order No. 672. NERC further contends that the Commission's proposed
approach fails to acknowledge that the purpose of the sub-requirement
is to support the singular reliability objective of, and is a component
of, the total intent of the base requirement and, as such, is not to be
assessed independently from the base requirement.
---------------------------------------------------------------------------
\32\ See Rules Concerning Certification of the Electric
Reliability Organization; Procedures for the Establishment, Approval
and Enforcement of Electric Reliability Standards, Order No. 672, 71
FR 8662 (Feb. 17, 2006), FERC Stats. & Regs. ] 31,204 (2006); order
on reh'g, Order No. 672-A, 71 FR 19814 (Apr. 18, 2006), FERC Stats.
& Regs. ] 31,212 (2006). Order No. 672 states that ``[t]he possible
consequences, including range of possible penalties, for violating a
proposed Reliability Standard should be clear and understandable by
those who must comply.'' Order No. 672, FERC Stats. & Regs. ] 31,204
at P 326.
---------------------------------------------------------------------------
41. IESO and Midwest ISO agree with NERC that the application of
violation severity levels should be consistent and that the Commission
should not require the assignment of a violation severity level to
every sub-requirement. Midwest ISO contends that, in the event a sub-
requirement covers a different reliability objective than the base
requirement and therefore does need its own violation severity level,
the Commission should direct NERC to strike the sub-requirement and
rewrite it as a separate base requirement. Midwest ISO also requests
Commission confirmation that a penalty should be assessed through the
main requirement rather than through the criteria in the sub-
requirements. Further, Midwest ISO contends that, because the violation
severity levels of these base requirements cover the violation of the
criteria in the sub-requirements, the violation risk factors associated
with the sub-requirements should be removed, eliminating the need for
additional violation severity levels for sub-requirements.
Commission Determination
42. NERC's proposal to assign a penalty or sanction for a violation
of a sub-requirement based on the violation severity level of the
corresponding main requirement is not consistent with Commission
precedent or with NERC's Sanction Guidelines. The Commission has
directed NERC to develop violation severity levels for every
requirement and sub-requirement.\33\ In addition, the Violation
Severity Level Order stated that each requirement assigned a violation
risk factor also must be assigned at least one violation severity
level.\34\ As set forth in the NERC's Sanction Guidelines, the
intersection of these two factors is the first step in the
determination of a monetary penalty for a violation of a requirement of
a Reliability Standard. The ERO and Regional Entities may assess
penalties that relate to violations of particular sub-requirements of a
requirement, where appropriate. For these reasons, the Commission
disagrees with commenters who argue that the Commission should not
require the assignment of violation severity levels to every sub-
requirement.
---------------------------------------------------------------------------
\33\ June 2007 Order, 119 FERC ] 61,248 at P 80.
\34\ Violation Severity Level Order, 123 FERC ] 61,284 at P 3
(citing June 2007 Order, 119 FERC ] 61,248 at P 74).
---------------------------------------------------------------------------
43. The Commission understands that the Reliability Standards
(Version 0 and Version 1) approved in Order No. 693 are, for the most
part, a direct translation of the then voluntary NERC Operating
Policies and Planning Standards, which employed a numbering hierarchy
that does not consistently facilitate the assignment of violation risk
factors and, consequently, violation severity levels. This numbering
hierarchy, carried over during the translation, is at the heart of the
distinction between ``main'' and ``sub'' requirements with respect to
compliance with mandatory Reliability Standards.\35\
---------------------------------------------------------------------------
\35\ NERC November 24, 2008 Comments at 6. As NERC points out in
its comments, some requirements assigned to Version 0 Reliability
Standards included sub-requirements that were phrased like a
separate requirement and, in fact, addressed a separate reliability
objective.
---------------------------------------------------------------------------
44. The Commission appreciates the ERO's initiative to develop an
alternative approach to facilitate the assignment of factors necessary
for its compliance and enforcement program. As NERC acknowledges, some
Reliability Standards include requirements with sub-requirements that
address a different reliability objective from the main requirement.
The Commission understands that the varied nature of the relationship
between the main requirements and sub-requirements throughout the
Reliability Standards has created concern whether a violation of a sub-
requirement is also a violation of the requirement itself. Due to these
concerns, the Commission believes that it is premature to change its
current policy in the current proceeding, which is limited to the three
FAC Reliability Standards submitted by NERC.
45. Rather, the Commission encourages the ERO to develop a new and
comprehensive approach that would better facilitate the assignment of
violation severity levels and violation risk factors both prospectively
and to existing, Commission-approved, Reliability Standards. The ERO
could raise its proposal for an alternative approach in a separate
filing. This would allow the Commission to better understand the
implications of the proposed change in approach, as opposed to having
to act on an ad hoc basis.
46. The Commission expects that the ERO's filing of its alternative
approach would include a more detailed description of the proposal to
assign violation severity levels for main requirements that would apply
to sub-requirements, as well as the specific conditions under which its
application
[[Page 14014]]
would or would not be appropriate.\36\ The Commission also expects that
the ERO's filing would propose implementation of its approach
comprehensively to all requirements of approved Reliability Standards
and how that implementation would be accomplished. The ERO's filing of
its alternative approach, however, must not postpone or preclude the
Guideline 2b, 3, and 4 compliance filing which is due in September
2009. Therefore, until the Commission has an opportunity to review such
a proposal, the Commission directs the ERO to submit violation severity
levels for all requirements and sub-requirements at issue in this
proceeding within 30 days from the effective date of this final rule,
as discussed below and as indicated in Attachment A. In light of
concerns raised in the comments, the Commission has also made minor
clarifying edits to the violation severity levels for certain of the
requirements and sub-requirements approved in this proceeding.\37\
These clarifying edits are also reflected in Attachment A.
---------------------------------------------------------------------------
\36\ The Commission understands that this approach would also be
applied in the assignment of violation risk factors to requirements
of Reliability Standards.
\37\ In particular, the Commission directs clarifying revisions
to the violation severity levels that the Commission proposed to
assign to sub-requirements R2.1, R2.2 and R2.5 of FAC-010-2 and R2.1
and R2.2 of FAC-011-2. In addition, the Commission has made several
typographical revisions to the violation severity levels the
Commission proposed to assign to other sub-requirements. As noted
above, these revisions are set forth in full in Attachment A to this
order.
---------------------------------------------------------------------------
3. Removal of Unnecessary Violation Severity Level Assignments
NERC Filing
47. NERC submitted violation severity levels for Requirement R2 of
FAC-010-2 and Requirement R2 of FAC-011-2. Requirements R2 of FAC-010-2
and FAC-011-2 require planning authorities and reliability coordinators
to include in their system operating limit methodology a requirement
that the system operating limits provide bulk electric system
performance consistent with the terms established in the sub-
requirements.
NOPR Proposal
48. In Order No. 705, the Commission found that Requirement R2 of
FAC-010-1 and Requirement R2 of FAC-011-1, without their sub-
requirements, include no required performance or outcome.\38\ As such,
no violation severity levels need to be assigned to these requirements.
The Commission therefore proposed to delete the proposed violation
severity levels for Requirement R2 of FAC-010-2 and FAC-011-2.
---------------------------------------------------------------------------
\38\ Order No. 705, 121 FERC ] 61,296 at P 159.
---------------------------------------------------------------------------
Comments
49. NERC disagrees with the Commission's proposal to remove the
violation severity levels assigned to Requirement R2 of FAC-010-2 and
Requirement R2 of FAC-011-2. NERC states that it did not intend to
assign a penalty or sanction based on the violation of each sub-
requirement of a Reliability Standard. NERC states that although it has
assigned a violation risk factor to every base requirement and sub-
requirement to comply with a Commission directive, it continues to
expect that the compliance enforcement authority will assess each base
requirement in total, irrespective of the number of sub-requirements
associated with the base requirement.
Commission Determination
50. As discussed above, each requirement that is assigned a
violation risk factor also must be assigned at least one violation
severity level. If the ERO does not assign a violation risk factor to a
requirement, it should not assign violation severity levels. The NOPR
identified requirements belonging to the proposed Reliability Standards
that do not establish a required outcome or performance. In the
Violation Risk Factor Order, the Commission described these types of
requirements as explanatory statements, phrases and/or text, and
determined that violation risk factors need not be assigned to such
requirements.\39\ The Commission finds that Requirements R2 and R2.6 of
FAC-010-2 and Requirement R2 of FAC-011-2 are such explanatory
statements as they include no required performance or outcome.
Accordingly, the Commission adopts the NOPR proposal and directs the
ERO to remove violation severity level assignments for Requirements R2
and R2.6 of FAC-010-2 and Requirement R2 of FAC-011-2. The ERO shall
submit its revisions to the Commission within 30 days from the issuance
of this final rule, as discussed above and as indicated in Attachment
A.
---------------------------------------------------------------------------
\39\ North American Electric Reliability Corporation, 119 FERC ]
61,145 at P 45 (Violation Risk Factor Order), order on reh'g, 120
FERC ] 61,145 (2007) (Violation Risk Factor Order on Rehearing and
Clarification); Order No. 705, 121 FERC ] 61,296 at P 159.
---------------------------------------------------------------------------
4. Compliance With the Commission's Violation Severity Level Guidelines
51. The Commission offers the following clarifications regarding
its proposals for compliance with the guidelines established in the
Violation Severity Level Order. As an initial matter, it has come to
the Commission's attention that, in the NOPR, certain discussions were
based on a draft version rather than the filed version of the ERO's
proposed violation severity levels. As a result, some of the
Commission's proposed revisions would not be appropriate to adopt here.
Upon further examination of the ERO's filed violation severity levels,
the Commission revises its earlier statements where appropriate, as
discussed below.
52. Since the Commission's concerns in these instances were not
discussed in the NOPR for comment, the Commission approves the
violation severity levels for those requirements as filed by the ERO.
However, to ensure that the violation severity levels approved for
those requirements are consistent with the guidelines established in
the Violation Severity Level Order in a timely manner, the Commission
directs the ERO to review those requirements for consistency with
Violation Severity Level Order Guidelines 2b, 3, and 4 and submit the
results of its review the earlier of six months of the effective date
of the final rule or in its Violation Severity Level Order Guideline
2b, 3, and 4 compliance filing due in September 2009, whichever is
earlier.
53. Not all of the Commission's proposed modifications of the
violation severity levels were based on an unfiled draft of the
violation severity levels. Where appropriate, the Commission clarifies
its proposed modifications and adopts the NOPR proposal, as discussed
below.
a. Requirement R1 of FAC-010-2 and FAC-011-2
NERC Filing
54. Requirement R1 of FAC-010-2 and FAC-011-2 require planning
authorities and reliability coordinators to establish a documented
system operating limit methodology that satisfies the elements detailed
in the sub-requirements. NERC proposed violation severity levels for
both of these requirements based on whether the applicable entity has a
documented system operating limit methodology and, if it does, the
number of elements, from the sub-requirements, the planning authority
or reliability coordinator was missing from its system operating limit
methodology.
NOPR Proposal
55. In the NOPR, the Commission commented on a lack of uniformity
between FAC-010-2 Requirement R1
[[Page 14015]]
and FAC-011-2 Requirement R1. Accordingly, the Commission proposed to
direct the ERO to modify the violation severity levels assigned to FAC-
011-2 Requirement R1 to make them consistent with the violation
severity levels proposed for FAC-010-2 Requirement R1. The Commission
reasoned that this uniformity would assist in the compliance and
enforcement of these Reliability Standards because it is logical that
nearly identical requirements should have nearly identical violation
severity level structures.
Comments
56. NERC states that the violation severity levels it filed with
the Commission for FAC-010-2 Requirement R1 matched the set of
violation severity levels balloted for FAC-011-2 Requirement R1. NERC
therefore contends that the Commission's proposed modification to FAC-
011-2 is unnecessary. Midwest ISO agrees that Requirement R1 of FAC-
010-2 and Requirement R1 of FAC-011-2 were consistent as filed.
57. Midwest ISO also asks the Commission to direct the ERO to
remove the violation risk factors associated with the sub-requirements
of Requirement R1 of FAC-010-2 and Requirement R1 of FAC-011-2. Midwest
ISO states that these sub-requirements represent criteria that the
system operating limit methodology must contain that are already
considered and encompassed in the violation severity levels associated
with the main requirement. Removing the violation risk factors
associated with the sub-requirements, Midwest ISO contends, would
eliminate the need for additional violation severity levels that would
be duplicative of the violation severity level associated with the main
requirement. Further, Midwest ISO requests that the Commission confirm
that a penalty should be assessed through the main requirement rather
than through the criteria in the sub-requirements.
Commission Determination
58. FAC-010-2 Requirement R1 and FAC-011-2 Requirement R1 establish
the same requirements for the planning authority and reliability
coordinator, respectively. Accordingly, the Commission believes that
the ERO should assign similar violation severity levels for these
requirements, which it did. The Commission therefore approves the
violation severity levels assigned to FAC-010-2 Requirement R1 and FAC-
011-2 Requirement R1 as filed by the ERO.
59. Midwest ISO's request to eliminate violation severity levels
for sub-requirements and assess a penalty through the violation
severity level and violation risk factor assigned to the main
requirements is similar to NERC's proposed alternative approach for
assigning violation severity levels, which the Commission addresses
above. For the same reasons discussed above, the Commission rejects
Midwest ISO's request to remove violation risk factors for sub-
requirements. Also, for the reasons discussed above, the Commission
finds that Midwest ISO's request is a Reliability Standards compliance
issue best addressed in the context of a Reliability Standards
compliance proceeding.
b. FAC-010-2 Requirement R4
NERC Filing
60. FAC-010-2 Requirement R4 requires the planning authority to
issue its system operating limit methodology, and any change to that
methodology, to several identified entities prior to the effectiveness
of the change. Sub-requirements R4.1 through R4.3 list the required
entities to which the planning authority should provide the system
operating limit methodology. NERC's proposed violation severity level
assignments for FAC-010-2 Requirement R4 measure compliance based, in
part, on the number of days the applicable entity failed to provide it
system operating limit methodology to the required entities.
NOPR Proposal
61. The Commission stated that it is difficult to discern which
conditions trigger specific violation severity levels assigned to FAC-
010-2 Requirement R4. The Commission therefore proposed to direct the
ERO to make modifications to clarify those conditions without changing
the substance of the violation severity levels.
Comments
62. NERC does not oppose the Commission's proposed change to the
violation severity levels for FAC-010-2 Requirement R4, because, NERC
states, the proposed modifications do not change the intent of the
categories of the violation severity levels. NERC contends, however,
that the Commission's proposed revisions are inconsistent with other
violation severity levels already approved by the Commission. NERC also
questions why the Commission would identify the violation severity
levels for FAC-010-2 in paragraph 23 of the NOPR among other proposed
assignments that are consistent with the Commission's violation
severity level guidelines, and then propose modification in the
following paragraph.
63. IESO states that there is a time factor in question with
respect to Requirement R4 of FAC-010-2 that requires a planning
authority to issue to appropriate entities its system operating limit
methodology, and any change to that methodology, prior to the
effectiveness of the change. IESO contends that NERC's proposed
violation severity level for Requirement R4 of FAC-010-2 accurately
captures this requirement.
Commission Determination
64. The Commission approves the violation severity levels for
Requirement R4, as filed by NERC because the NOPR was silent as to
NERC's proposal. However, to ensure that the violation severity levels
approved for Requirement R4 are consistent with the guidelines
established in the Violation Severity Level Order in a timely manner,
the Commission directs the ERO to review the violation severity levels
assigned to Requirement R4 for consistency with Violation Severity
Level Order Guidelines 2b, 3, and 4 within six months of the effective
date of the final rule or in its Violation Severity Level Order
Guideline 2b, 3, and 4 compliance filing, whichever is earlier.\40\
---------------------------------------------------------------------------
\40\ Based on the record to date, the Commission believes that
NERC's proposed violation severity level assignment may not be
consistent with Guideline 3, which requires that violation severity
levels be consistent with the text of the corresponding requirement.
The text of Requirement R4 states that, ``[t]he planning authority
shall issue its system operating limit methodology, to all of the
following prior to the effectiveness of the change.'' To whom the
methodology must be issued is described in each of the sub-
requirements R4.1 through R4.3. The violation severity levels NERC
proposes, however, would base compliance, in part, on the number of
days the planning authority failed to deliver its system operating
limit methodology to the required entities. The Commission believes
that, consistent with Guideline 3, violation severity levels for
Requirement R4 should be assigned based on the number of R4 sub-
requirements that are not met. For example, since there are three
sub-requirements, a ``Moderate'' violation severity level would be
triggered if the applicable entity did not comply with one of the
three required sub-requirements; a ``High'' violation severity level
if the applicable entity did not comply with two of the three sub-
requirements; and, a ``Severe'' violation severity level if the
applicable entity did not comply with any of the sub-requirements.
---------------------------------------------------------------------------
65. Although the Commission approves the violation severity levels
assigned to Requirement R4 as filed by NERC, the Commission also adopts
the NOPR proposal to direct the ERO to assign binary violation severity
levels to each sub-requirement. Sub-requirements R4.1 through R4.3 are
binary
[[Page 14016]]
requirements and should be assigned a single violation severity level.
The ERO shall submit its revisions to sub-requirements R4.1 though R4.3
to the Commission within 30 days from the issuance of this final rule,
as discussed above and as indicated in Attachment A.
c. FAC-011-2, Requirement R3
NERC Filing
66. Requirement R3 of FAC-011-2 requires a reliability coordinator
to include in its methodology for determining system operating limits a
description of the elements listed in the sub-requirements, ranging
from R3.1 through R3.7, along with any reliability margins applied for
each. NERC proposed to assign a ``Severe'' violation severity level if
the reliability coordinator's methodology for determining system
operating limits is missing a description of three or more of the sub-
requirements. At the same time, NERC proposed to assign a ``High''
violation severity level if the reliability coordinator's methodology
for determining system operating limits includes a description for all
but three sub-requirements within the same range.
NOPR Proposal
67. In the NOPR, the Commission pointed out that, under NERC's
proposed violation severity level assignments, if a reliability
coordinator's methodology for determining system operating limits is
missing a description of three sub-requirements, the resulting
violation could be assigned both a ``High'' and a ``Severe'' violation
severity level. To eliminate this overlap, the Commission proposed to
direct the ERO to assign a ``Severe'' violation severity level to
Requirement R3 of FAC-011-2 where the reliability coordinator is
missing a description of four or more sub-requirements, within the
range of R3.1 through R3.7, from its methodology for determining system
operating limits.
Comments
68. NERC states that it agrees with the Commission's proposed
modification to the violation severity level for Requirement R3 of FAC-
011-2.
69. Although Midwest ISO states that the Commission's proposal is
reasonable, Midwest ISO requests that the Commission direct the ERO to
assign violation severity levels for Requirement R3 based on the
quartile approach.\41\ Midwest ISO argues that NERC's internal
violation severity level development guidelines encourage a multi-
component or quartile methodology for assigning violation severity
levels where the requirement has multiple sub-components or sub-
requirements that direct the responsible entity to comply with a
multiple number of sub-requirements or sub-sub-requirements.
Accordingly, Midwest ISO requests that the Commission direct the ERO to
modify the violation severity levels for Requirement R3 of FAC-011-2 as
detailed in the table below.
---------------------------------------------------------------------------
\41\ In general, a quartile approach measures compliance in 25
percent intervals by either using straight percentages around a
determined value or 100 percent or by defining a minimum value and
applying quartiles between the minimum value and 100 percent. NERC,
Violation Severity Level Guidelines Criteria, Project 2007-23 at 18
(2008), available at: http://www.nerc.com/docs/standards/sar/VSLDT_
Guidelines_Final_Draft_08Jan08.pdf.
----------------------------------------------------------------------------------------------------------------
Requirement Lower Moderate High Severe
----------------------------------------------------------------------------------------------------------------
FAC-011-2 R3.................... The Reliability The Reliability The Reliability The Reliability
Coordinator has a Coordinator has a Coordinator has a Coordinator has a
methodology for methodology for methodology for methodology for
determining determining determining determining
[system operating [system operating [system operating [system operating
limits] that limits] that limits] that limits] that
includes a includes a includes a includes a
description for description for description for description for
all but one or all but three of all but four or all but six or
two of the the following: five of the seven of the
following: 3.1 3.1 through R3.7. following: 3.1 following: 3.1
through R3.7. through R3.7. through R3.7.
----------------------------------------------------------------------------------------------------------------
Commission Determination
70. The Commission directs the ERO to modify Requirement R3 of FAC-
011-2 to assign a ``Severe'' violation severity level to Requirement R3
of FAC-011-2 where the reliability coordinator is missing a description
of four or more sub-requirements, within the range of R3.1 through
R3.7, from its methodology for determining system operating limits.
71. The Commission finds that Midwest ISO proposed violation
severity levels are not appropriate for this requirement. In the
Violation Severity Level Order, the Commission expressed concern that,
in some instances, although consistent with NERC's guidelines, the
quartile approach could result in the arbitrary assignment of violation
severity levels and a reduction of the current levels of
compliance.\42\ The assignment of violation severity levels is
arbitrary when based on nothing other than ensuring an even
distribution of the full range of missed sub-requirements to each of
the four violation severity level categories under the premise of
applying NERC's quartile approach. The Commission therefore adopts the
NOPR proposal agreed to by NERC and directs the ERO to file revised
violation severity levels for FAC-011-2, Requirement R3 within 30 days
of the issuance of this final rule, as discussed above and as indicated
in Attachment A.
---------------------------------------------------------------------------
\42\ Violation Severity Level Order on Rehearing and
Clarification, 125 FERC ] 61,212 at P 25.
---------------------------------------------------------------------------
d. FAC-011-2, Requirement R4
NERC Filing
72. Requirement R4 requires the reliability coordinator to issue
its system operating limit methodology and any changes to that
methodology, prior to the effectiveness or change of the methodology to
all of the required entities identified in sub-requirements R4.1
through 4.3. NERC's proposed violation severity levels for the subject
requirement incorporate as a measure of compliance the number of days
the applicable entity failed to issue its system operating limits
methodology and any changes to that methodology, prior to the
effectiveness or change of the methodology to the required entities.
NOPR Proposal
73. The Commission did not discuss this requirement in the NOPR.
Commission Determination
74. The Commission approves the violation severity levels for
Requirement R4, as filed by the ERO because the NOPR was silent as to
NERC's proposal. However, to ensure that the violation severity levels
approved for Requirement R4 are consistent with the guidelines
established in the Violation Severity Level Order in a timely manner,
the Commission directs the ERO to review the violation severity levels
assigned to Requirement R4 for consistency with Violation Severity
Level Order Guidelines 2b, 3, and 4 and
[[Page 14017]]
submit the results of the review either within six months of the
effective date of the final rule or in its Violation Severity Level
Order Guideline 2b, 3, and 4 compliance filing, whichever is
earlier.\43\
---------------------------------------------------------------------------
\43\ Based on the record to date, the Commission believes that
NERC's proposed violation severity level assignment for FAC-011-2
Requirement R4 may not be consistent with Guideline 3, which
requires that violation severity levels be consistent with the text
of the corresponding requirement. The text of Requirement R4 states
that, ``[t]he planning authority shall issue its system operating
limit methodology, to all of the following prior to the
effectiveness of the change.'' To whom the methodology must be
issued is described in each of the sub-requirements R4.1 through
R4.3. The violation severity levels NERC proposes, however, would
base compliance, in part, on the number of days the reliability
coordinator failed to deliver its system operating limit methodology
to the required entities. The Commission believes that, consistent
with Guideline 3, violation severity levels for Requirement R4
should be assigned based on the number of R4 sub-requirements that
are not met. For example, since there are three sub-requirements, a
``Moderate'' violation severity level would be triggered if the
applicable entity did not comply with one of the three required sub-
requirements; a ``High'' violation severity level if the applicable
entity did not comply with two of the three sub-requirements; and, a
``Severe'' violation severity level if the applicable entity did not
comply with any of the sub-requirements.
---------------------------------------------------------------------------
75. Although the Commission approves the violation severity levels
assigned to Requirement R4 as filed by NERC, the Commission also adopts
the NOPR proposal to direct the ERO to assign binary violation severity
levels to each sub-requirement. Sub-requirements R4.1 through R4.3 are
binary requirements and should be assigned a single violation severity
level. The ERO shall submit its revisions to sub-requirements R4.1
through R4.3 to the Commission within 30 days from the issuance of this
final rule, as discussed above and as indicated in Attachment A.
e. FAC-014-2, Requirements R1 Through R4
NERC Filing
76. Requirements R1 through R4 of FAC-014-2 address the development
of system operating limits and interconnection reliability operating
limits consistent with the methodologies outlined in FAC-010-2 and FAC-
011-2. NERC proposed to assign violation severity levels to these
requirements based on a quartile division of the total number of
inconsistencies between the assigned system operating limits and the
system operating limits that would be produced using the methodologies
outlined in FAC-010-2 and FAC-011-2. For example, NERC proposed to
assign a ``Lower'' violation severity level where 1 to 25 percent of a
registered entity's system operating limits are inconsistent with the
applicable entity's system operating limit methodology.
NOPR Proposal
77. In the NOPR, the Commission expressed its belief that each time
a system operating limit is inconsistent with the applicable entity's
system operating limit methodology, the applicable entity violates the
pertinent requirement of FAC-014-2. The Commission stated that its
fourth guideline for evaluating violation severity levels makes clear
that violation severity level assignments should be based on a single
violation, not on a cumulative number of violations. To remedy this
deficiency, the Commission proposed to direct the ERO to modify its
violation severity levels for FAC-014-02 Requirement R1 through R4
based on the percentage of deviation from the system operating limit
methodology for each violation.
Comments
78. NERC contends that the Commission's application of Guideline 4
is confusing and inconsistent. NERC points to the approved violation
severity levels for Reliability Standard VAR-001-1, where the
Commission allowed NERC to use percentage ranges relating to the number
of violations of system operating limits to define the violation
severity levels. By contrast, NERC states, the Commission proposed in
the NOPR to require every single violation of system operating limit to
have a single penalty.
79. Midwest ISO agrees with NERC that referencing percentage ranges
relating to the number of violations of system operating limits is
consistent with Guideline 4. Midwest ISO also contends that the use of
percentage ranges facilitates enforcement. Because an entity may have
tens of thousands of system operating limits, Midwest ISO contends that
it is not practical to set a single penalty for every single violation
of a system operating limit. Midwest ISO contends that a requirement
with multiple sub-components or requirements should have a quartile
approach applied to the violation severity levels, considering the full
range of missed sub-components or requirements possibilities.
80. In addition, NERC states that the Commission's proposed
modifications to the violation severity levels for Requirements R1
through R4 of FAC-014-02 are inconsistent with the modifications
indicated in Attachment A to the NOPR. NERC states that the
Commission's proposed modifications to the violation severity levels,
set forth in Attachment A to the NOPR, includes some typographical
errors. For example, NERC states that there appears to be an errant
``75%'' in the text of the ``Severe'' category for Requirement R1. NERC
also points out that the ``Severe'' category for Requirement R4
includes both the NERC-proposed text and the Commission-inserted text.
NERC requests that the Commission clarify its direction on these
points. If the Commission decides to direct the ERO to modify its
violation severity levels for FAC-014-2 Requirements R1 through R4
based on the percentage of deviation from system operating limit
methodology for each violation, NERC requests additional clarification
on the specific methodology to be used to determine the percentage of
deviation from the system operating limit.
Commission Determination
81. The Commission approves the violation severity levels for
Requirement R1 through R4, as filed by the ERO because the NOPR was
silent as to NERC's proposal. However, to ensure that the violation
severity levels approved for Requirement R1 through R4 are consistent
with the guidelines established in the Violation Severity Level Order
in a timely manner, the Commission directs the ERO to review the
violation severity levels assigned to the subject requirements for
consistency with Violation Severity Level Order Guidelines 2b, 3, and 4
and submit the results of its review either within six months of the
effective date of the final rule or in its Violation Severity Level
Order Guideline 2b, 3, and 4 compliance filing, whichever is
earlier.\44\
---------------------------------------------------------------------------
\44\ Based on the record to date, the Commission believes that
the violation severity levels assigned by NERC to Requirement R1
through R4 of FAC-014-2 may not be consistent with Guideline 4
because they evaluate compliance based on a cumulative number of
violations instead of on a single violation. Since the Commission
believes compliance with this requirement hinges on whether or not
the applicable entity established its system operating limits and
interconnection reliability operating limits consistent with its
methodology (``pass'') or did not do so (``fail''), a binary
approach is most appropriate for this requirement. By contrast,
Requirement R10 of Reliability Standard VAR-001-1 requires each
transmission operator to correct violations of interconnection
reliability operating limits or system operating limits resulting
from reactive resources deficiencies (interconnection reliability
operating limit violations must be corrected within 30 minutes) and
complete the required interconnection reliability operating limit or
system operating limit violation reporting.
In the Violation Severity Level Order, the Commission directed
revisions to VAR-001-1 Requirement R10 that assigned violation
severity levels based on the percentage of interconnection
reliability operating limit and system operating limit violations
that the applicable entity did not correct and/or report. Since a
reactive resource deficiency may result in more than one violation
of an interconnection reliability operating limit and system
operating limit, the Commission believes the aggregate treatment, in
this instance, of interconnection reliability operating limit and
system operating limit violations attributable to a single
deficiency in reactive resources for the purpose of assigning
violation severity levels is appropriate. This treatment is
consistent with the provisions of NERC's Sanction Guidelines, which
states at section 3.21, ``[s]ome Reliability Standards may not
support the assessment of penalties on a `per day, per violation'
basis, but instead should have penalties calculated based on an
alternative penalty frequency or duration.'' With regard to
Reliability Standard FAC-014-2 Requirements R1 through R4, the
Commission believes that each instance that the applicable entity
did not establish a system operating limit or interconnection
reliability operating limit consistent with the applicable entity's
methodology would be a violation. Thus, the Commission's adherence
to Guideline 4 has been consistent as applied to the Commission's
revisions of violation severity levels assigned to VAR-001-1
Requirement R10 and its concerns with the violation severity levels
NERC assigned to FAC-014-2 Requirement R1 through R4.
---------------------------------------------------------------------------
[[Page 14018]]
f. FAC-014-2, Requirement R5
NERC Filing
82. Requirement R5 requires that the reliability coordinator,
planning authority, and transmission planner shall each provide its
system operating limits and interconnection reliability operating
limits to those entities that have a reliability related need for those
limits and provide a written request that includes a schedule for
delivery of those limits as described in sub-Requirements 5.1 through
5.4. NERC's proposed violation severity levels for the subject
requirements factor in, as measure of compliance, the number of days
the applicable entity failed to issue its system operating limits
methodology and any changes to that methodology, prior to the
effectiveness or change of the methodology to the required entities.
NOPR Proposal
83. The Commission did not comment on this requirement in the NOPR.
Commission Determination
84. The Commission finds that the consideration of the time period
for which an entity failed to issue its system operating limits
methodology, as it relates to Requirement R5 of FAC-014-2, is not
consistent with the text of the requirement and, thus, not consistent
with Guideline 3. The Commission believes that the violation severity
levels for Requirements R5 should be assigned based on the number of
required elements, as identified in the relevant sub-requirements, with
which the applicable entity did not comply. Sub-requirements R4.1
through R4.3 and sub-requirements R5.1 through R5.4 are binary
requirements and should be assigned a single violation severity level.
Since the Commission's proposals for this requirement were not
discussed in the NOPR for comment, the Commission approves the
violation severity levels for Requirement R4, as filed by the ERO. To
ensure that the violation severity levels approved for Requirement R4
are consistent with the guidelines established in the Violation
Severity Level Order in a timely manner, the Commission directs the ERO
to review the violation severity levels assigned to Requirement R4 for
consistency with Violation Severity Level Order Guidelines 2b, 3, and 4
and submit the results of its review either within six months of the
effective date of the final rule or in its Violation Severity Level
Order Guideline 2b, 3, and 4 compliance filing, whichever is earlier.
g. FAC-014-2, Requirement R6
NERC Filing
85. Requirement R6 of FAC-014-2 requires a planning authority to
identify the subset of multiple contingencies (if any) from Reliability
Standard TPL-003, which results in stability limits. Sub-requirements
R6.1 and R6.2 require that the planning authority provide the list to
the reliability coordinator, or if no multiple contingencies exist, to
notify the reliability coordinator, respectively. NERC assigned
violation severity levels based on a combination of compliance
scenarios relevant to sub-requirements R6.1 and R6.2.
NOPR Proposal
86. In the NOPR, the Commission expressed concern that the
violation severity levels assigned to FAC-014-2 Requirement R6 do not
address a scenario where the planning authority fails to provide a
complete subset of contingencies to the reliability coordinator and
proposed a revision of the violation severity level assignments. The
Commission expressed concern that this omission could prevent the
reliability coordinator from having the information it needs for its
situational awareness that system operating limits and interconnection
reliability operating limits that impact the reliable operation of the
Bulk-Power System are being exceeded. The Commission therefore proposed
to direct the ERO to add the following ``Lower'' violation severity
level: ``The Planning Authority failed to provide a complete subset of
contingencies to the reliability coordinator in accordance with R6.''
The Commission also proposed to direct the ERO to reassign NERC's
current ``Lower'' violation severity level as the new ``Moderate''
violation severity level to emphasize the need to notify the
reliability coordinator.\45\ The Commission stated that the proposed
revisions would make the violation severity level assignments for
Requirement R6 consistent with NERC's own guidelines for the
development of violation severity levels related to communication or
coordination requirements.\46\
---------------------------------------------------------------------------
\45\ NERC did not propose a ``Moderate'' violation severity
level for requirement R6.
\46\ NERC, Violation Severity Level Guidelines Criteria, Project
2007-23 at 19 (2008), available at: http://www.nerc.com/docs/
standards/sar/VSLDT_Guidelines_Final_Draft_08Jan08.pdf. The NERC
Guidelines indicate that a Moderate violation severity level should
be selected when the responsible entity's coordination/communication
is non-compliant with respect to at least one significant element
within the requirement. In this case, the significant element is the
failure to notify the Reliability Coordinator.
---------------------------------------------------------------------------
Comments
87. NERC disagrees with the Commission's assertion that the
proposed violation severity levels for Requirement R6 of FAC-014-2 do
not identify a situation where a planning authority fails to provide a
complete subset of contingencies to the reliability coordinator. NERC
contends that the ``High'' and ``Severe'' violation severity levels for
Requirement R6 of FAC-014-2 satisfy the Commission's concerns by
stating that the planning authority identified the subset of multiple
contingencies which result in stability limits but did not provide the
list of multiple contingencies and associated limits to one or more
reliability coordinators that monitor the facilities associated with
these limits. NERC contends that a planning authority will fail to
comply with sub-requirement R6.1 of FAC-014-2 if they do not provide
the complete set of contingencies to the reliability coordinator.
88. The Bureau of Reclamation and IESO separately take issue with
the Commission's proposed revisions to violation severity levels
applicable to Requirement R6 of FAC-014-2. The Bureau of Reclamation
contends that the Commission's proposal would require auditors to
perform studies independent from the planning authority in order to
determine whether all contingencies were considered. IESO contends that
both the ``High'' and ``Severe'' violation severity levels address the
planning authority's failure to communicate multiple contingency
scenarios to the reliability coordinator. IESO, however, agrees with
the Commission that there
[[Page 14019]]
should not be a gap in the violation severity levels and states that
the ``Lower'' violation severity level for FAC-014-2 Requirement R6
should be assigned a ``Moderate'' violation severity level.
Commission Determination
89. The Commission agrees with NERC that a planning authority's
requirement to provide the reliability coordinator with a complete set
of contingencies is addressed in the ``High'' and ``Severe'' violation
severity levels assigned to Requirement R6 of FAC-014-2. However, the
Commission also believes that it is appropriate to apply a binary,
pass/fail approach to the violation severity levels because a planning
authority either will or will not satisfy this requirement. As proposed
by NERC, violations of the sub-requirements are addressed only in the
violation severity levels assigned to the main requirement. In keeping
with the Commission's decision that the ERO must assign a violation
severity level to every sub-requirement, the Commission adopts the NOPR
proposal and directs the ERO to assign binary violation severity levels
to Requirement R6 and sub-requirements R6.1 and R6.2. Although the
enforcement of Requirement R6, and its sub-requirements, may require
the use of auditors, this is a compliance issue best addressed on a
case-by-case basis in the context of a compliance proceeding. The
Commission directs the ERO to file revised violation severity levels
for Reliability Standard FAC-014-2 Requirement R6 within 30 days of the
effective date of this final rule, as discussed above and indicated in
Attachment A.
E. Violation Risk Factors
90. NERC did not submit violation risk factors for the version two
FAC Reliability Standards in its original filing. On October 15, 2008,
NERC filed violation risk factors for the version two FAC Reliability
Standards.
NOPR Proposal
91. In the NOPR, the Commission noted that the Commission approved
the majority of NERC's proposed violation risk factors for the version
one FAC Reliability Standards in Order No. 705.\47\ On April 1, 2008,
NERC filed revised violation risk factors for the version one FAC
Reliability Standards. These were accepted by delegated authority on
May 29, 2008. The Commission proposed to direct the ERO to apply those
same violation risk factors to the version two FAC Reliability
Standards approved in the final rule in this proceeding. With respect
to the Western Interconnection regional difference, the Commission
proposed to direct Western Electricity Coordinating Council (WECC) to
apply the NERC violation risk factors to the Western Interconnection
regional difference until after WECC develops its own violation risk
factors and they are approved by the ERO and the Commission.
---------------------------------------------------------------------------
\47\ NOPR, FERC Stats. & Regs. ] 32,637 at P 31 (citing Order
No. 705, 121 FERC ] 61,296 at P 137).
---------------------------------------------------------------------------
NERC's Violation Risk Factor Filing
92. On October 15, 2008, NERC filed violation risk factors for the
proposed version two FAC Reliability Standards. These violation risk
factors were identical to the version one violation risk factors. NERC
asked the Commission to apply the violation risk factors and violation
severity levels filed for FAC-010-2, Requirements R2.4 and R2.5, and
FAC-011-2, Requirement R3.3, to the Western Interconnection regional
differences for these same requirements.
Commission Determination
93. The Commission approves the violation risk factors filed by
NERC for the version two FAC Reliability Standards. Because these
violation risk factors are identical to the violation risk factors
approved for the version one FAC Reliability Standards, this approval
is consistent with our direction in the NOPR.
F. WECC Regional Differences
NERC Filing
94. Although NERC submitted requirements for FAC-010-2 and FAC-011-
2 that address the Western Interconnection regional difference, NERC
did not submit violation severity levels or violation risk factors for
these requirements in its initial filing. On October 15, 2008, NERC
filed violation risk factors for the version two FAC Reliability
Standards and asked the Commission to accept the violation risk factors
and violation severity levels filed for FAC-010-2, Requirements R2.4
and R2.5, and FAC-011-2, sub-requirement R3.3, to apply to the WECC
regional difference.
NOPR Proposal
95. The Commission proposed to adopt the proposed regional
differences for FAC-010-2 and FAC-011-2. The Commission also proposed
to direct NERC to modify the violation severity levels assigned to the
national versions of FAC-010-2 and FAC-011-2 to accommodate the
regional differences. The Commission noted that, in Order No. 705, the
Commission approved version one of the FAC Reliability Standards and
directed WECC to develop and submit violation risk factors and
violation severity levels that apply to the Western Interconnection
regional difference.\48\ In the interim, the Commission approved WECC's
proposal to assign the same violation risk factors to the WECC regional
difference as are assigned to NERC sub-requirement R2.4 and R2.5 in
FAC-010-1 and sub-requirement R3.3 in FAC-011-1. The Commission
directed WECC to file its violation risk factors and violation severity
levels no later than the effective date of the applicable version one
Reliability Standard. FAC-010-1 became effective on July 1, 2008 and
FAC-011-1 became effective on October 1, 2008 without violation
severity levels or violation risk factors.
---------------------------------------------------------------------------
\48\ NOPR, FERC Stats. & Regs. ] 32,637 at P 32 (citing Order
No. 705, 121 FERC ] 61,296 at P 146).
---------------------------------------------------------------------------
96. To remedy this deficiency, the Commission proposed
modifications to the violation severity level assignments assigned to
FAC-010-2 and FAC-011-2 that address the Western Interconnection
regional differences. Consistent with our decision in Order No. 705,
the Commission also proposed to direct WECC to apply the NERC violation
risk factors to the Western Interconnection regional difference until
after WECC develops its own violation risk factors for the difference
and they are approved by the ERO and the Commission.\49\ The Commission
noted that WECC is still obligated to comply with the Commission's
directives in Order No. 705 to file violation risk factors and
violation severity levels addressing the Western Interconnection
regional difference.
---------------------------------------------------------------------------
\49\ Id.
---------------------------------------------------------------------------
Comments
97. BPA requests that the Commission direct the ERO to designate
the regional differences section of FAC-011-2 as section ``E.'' BPA
points out that the requirement makes multiple references to the
regional differences section for the Western Interconnection as section
``E,'' but there is no corresponding designation of the regional
differences section as section ``E.''
Commission Determination
98. The Commission agrees with BPA's comment relevant to
designating the Regional Differences section of FAC-011-2 as section
``E'' and directs the ERO to file this revision within 30 days of the
effective date of this final rule.
[[Page 14020]]
99. As discussed above, the Commission approves the violation risk
factors filed by NERC for the version two FAC Reliability Standards.
These violation risk factors are identical to those approved for the
version one FAC Reliability Standards. The Commission also adopts the
NOPR proposal with respect to the Western Interconnection regional
difference and directs WECC to apply the violation risk factors
approved for FAC-010-1 Requirements R2.4 and R2.5 and FAC-011-1
Requirement R3.3 to the WECC regional difference version of FAC-010-2
Requirements 1.1 through 1.3 and FAC-011-2 Requirement 1.1 through
1.3.\50\ With regard to the WECC regional differences FAC-010-2
Requirement 1 and Requirement 1.4 and FAC-011-2 Requirement 1 and 1.4,
the Commission believes that these requirements are explanatory
statements and that a violation risk factor need not be assigned.
---------------------------------------------------------------------------
\50\ This direction is consistent with NERC's October 15, 2008
proposal.
---------------------------------------------------------------------------
100. The Commission finds that each of the WECC regional difference
requirements is a binary requirement and, therefore, a single violation
severity level is appropriate. Accordingly, until such time as WECC
develops and submits violation severity levels for the version two FAC
Reliability Standards, the Commission adopts the NOPR proposal and
directs WECC to assign a ``Severe'' violation severity level to the
WECC regional difference FAC-010-2 Requirement 1.1 and FAC-011-2
Requirement 1.1. In addition, the Commission directs WECC to apply a
``Severe'' violation severity level to the WECC regional difference
FAC-010-2 Requirement 1.2 through 1.3 and FAC-011-2 Requirements 1.2
through 1.3. These revisions will create a complete and consistent
penalty setting mechanism for the WECC regional difference
requirements. The Commission directs the ERO to file revised violation
risk factors and violation severity levels for the regional difference
within 30 days of the effective date of this final rule, as discussed
above and indicated in Attachment A.
G. Effective Date
101. NERC requested that the Commission make the version two FAC
Reliability Standards effective according to a staggered schedule,
consistent with the implementation dates of the version one FAC
Reliability Standards. NERC's proposed effective dates have all since
passed. Accordingly, the version two FAC Reliability Standards shall
become effective April 29, 2009.
III. Information Collection Statement
102. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting and recordkeeping (collections of
information) imposed by an agency.\51\ The information contained here
is also subject to review under section 3507(d) of the Paperwork
Reduction Act of 1995.\52\ As stated above, the Commission previously
approved, in Order No. 705, each of the Reliability Standards that are
the subject of the current rulemaking. The modifications to the
Reliability Standards are minor and, therefore, they do not add to or
increase entities' reporting burden. Thus, the modified Reliability
Standards do not materially affect the burden estimates relating to the
earlier version of the Reliability Standards presented in Order No.
705.
---------------------------------------------------------------------------
\51\ 5 CFR 1320.11.
\52\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------
Title: Version Two Facilities Design, Connections and Maintenance
Reliability Standards.
Action: Proposed Collection.
OMB Control No.: 1902-0247.
Respondents: Businesses or other for-profit institutions; not-for-
profit institutions.
Frequency of Responses: On Occasion.
Necessity of the Information: This final rule approves three
modified Reliability Standards that pertain to facilities design,
connections and maintenance. The Reliability Standards will require
planning authorities and reliability coordinators to establish
methodologies to determine system operating limits for the Bulk-Power
System in the planning and operation horizons. This final rule finds
the Reliability Standards and interpretations just, reasonable, not
unduly discriminatory or preferential, and in the public interest.
103. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, Attn:
Michael Miller, Office of the Executive Director, 888 First Street,
NE., Washington, DC 20426, Tel: (202) 502-8415, Fax: (202) 273-0873, e-
mail: michael.miller@ferc.gov, or by contacting: Office of Information
and Regulatory Affairs, Attn: Desk Officer for the Federal Energy
Regulatory Commission (Re: OMB Control No. 1902-0247), Washington, DC
20503, Tel: (202) 395-4650, Fax: (202) 395-7285, e-mail: oira_
submission@omb.eop.gov.
IV. Environmental Analysis
104. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\53\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. The actions directed here fall within the categorical
exclusion in the Commission's regulations for rules that are
clarifying, corrective or procedural, for information gathering,
analysis, and dissemination.\54\ Accordingly, neither an environmental
impact statement nor environmental assessment is required.
---------------------------------------------------------------------------
\53\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
] 30,783 (1987).
---------------------------------------------------------------------------
V. Regulatory Flexibility Act
105. The Regulatory Flexibility Act of 1980 \55\ generally requires
a description and analysis of final rules that will have significant
economic impact on a substantial number of small entities. Most of the
entities, i.e., planning authorities, reliability coordinators,
transmission planners and transmission operators, to which the
requirements of this final rule apply do not fall within the definition
of small entities.\56\
---------------------------------------------------------------------------
\54\ 18 CFR 380.4(a)(5).
\55\ 5 U.S.C. 601-612.
\56\ The definition of ``small entity'' under the Regulatory
Flexibility Act refers to the definition provided in the Small
Business Act, which defines a ``small business concern'' as a
business that is independently owned and operated and that is not
dominant in its field of operation. See 15 U.S.C. 632.
---------------------------------------------------------------------------
106. As indicated above, based on available information regarding
NERC's compliance registry, approximately 250 entities will be
responsible for compliance with the three revised Reliability
Standards. It is estimated that one-third of the responsible entities,
about 80 entities, would be municipal and cooperative organizations.
The approved Reliability Standards apply to planning authorities,
transmission planners, transmission operators and reliability
coordinators, which tend to be larger entities. Thus, the Commission
believes that only a portion, approximately 30 to 40 of the municipal
and cooperative organizations to which the approved Reliability
Standards apply, qualify as small entities.\57\ The Commission does
[[Page 14021]]
not consider this a substantial number. Moreover, as discussed above,
the approved Reliability Standards will not be a burden on the industry
since most if not all of the applicable entities currently perform
system operating limit calculations and the approved Reliability
Standards will simply provide a common methodology for those
calculations. Accordingly, the Commission certifies that the approved
Reliability Standards will not have a significant adverse impact on a
substantial number of small entities.
---------------------------------------------------------------------------
\57\ According to the Department of Energy's (DOE) Energy
Information Administration (EIA), there were 3,284 electric utility
companies in the United States in 2005, and 3,029 of these electric
utilities qualify as small entities under the SBA definition. Among
these 3,284 electric utility companies are: (1) 883 cooperatives of
which 852 are small entity cooperatives; (2) 1,862 municipal
utilities, of which 1842 are small entity municipal utilities; (3)
127 political subdivisions, of which 114 are small entity political
subdivisions; and (4) 219 privately owned utilities, of which 104
could be considered small entity private utilities. See Energy
Information Administration Database, Form EIA-861, DOE (2005),
available at http://www.eia.doe.gov/cneaf/electricity/page/
eia861.html.
---------------------------------------------------------------------------
107. Based on this understanding, the Commission certifies that
this rule will not have a significant economic impact on a substantial
number of small entities. Accordingly, no regulatory flexibility
analysis is required.
VI. Document Availability
108. In addition to publishing the full text of this document in
the Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
109. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
110. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional Notification
111. These regulations are effective April 29, 2009. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
Attachment A
BILLING CODE 6717-01-P
[GRAPHIC] [TIFF OMITTED] TR30MR09.108
[[Page 14022]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.109
[[Page 14023]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.110
[[Page 14024]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.111
[[Page 14025]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.112
[[Page 14026]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.113
[GRAPHIC] [TIFF OMITTED] TR30MR09.114
[[Page 14027]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.115
[[Page 14028]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.116
[[Page 14029]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.117
[GRAPHIC] [TIFF OMITTED] TR30MR09.118
[[Page 14030]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.119
[GRAPHIC] [TIFF OMITTED] TR30MR09.120
[[Page 14031]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.121
[[Page 14032]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.122
[[Page 14033]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.123
[[Page 14034]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.124
[GRAPHIC] [TIFF OMITTED] TR30MR09.125
[[Page 14035]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.126
[[Page 14036]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.127
[[Page 14037]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.128
[GRAPHIC] [TIFF OMITTED] TR30MR09.129
[[Page 14038]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.130
[GRAPHIC] [TIFF OMITTED] TR30MR09.131
[[Page 14039]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.132
[[Page 14040]]
[GRAPHIC] [TIFF OMITTED] TR30MR09.133
[GRAPHIC] [TIFF OMITTED] TR30MR09.134
[FR Doc. E9-6823 Filed 3-27-09; 8:45 am]
BILLING CODE 6717-01-P