[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Proposed Rules]
[Pages 15371-15376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6481]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
[Docket No. RM09-13-000]
Time Error Correction Reliability Standard
March 18, 2010.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: Pursuant to section 215 of the Federal Power Act, the
Commission proposes to remand the proposed revised Time Error
Correction Reliability Standard developed by the North American
Electric Reliability Corporation (NERC) in order for NERC to develop
several modifications to the proposed Reliability Standard. The
proposed action ensures that any modifications to Reliability Standards
will be just, reasonable, not unduly discriminatory or preferential,
and in the public interest.
DATES: Comments are due April 28, 2010.
ADDRESSES: Interested persons may submit comments, identified by Docket
No. RM09-13-000, by any of the following methods:
eFiling: Comments may be filed electronically via the
eFiling link on the Commission's Web site at http://www.ferc.gov.
Documents created electronically using word processing software should
be filed in the native application or print-to-PDF format and not in a
scanned format. The Commission accepts most standard word processing
formats and commenters may attach additional files with supporting
information in certain other file formats. Attachments that exist only
in paper form may be scanned. Commenters filing electronically should
not make a paper filing. Service of rulemaking comments is not
required.
Mail/Hand Delivery: Commenters that are not able to file
comments electronically must mail or hand deliver an original and 14
copies of their comments to: Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First Street, NE., Washington, DC
20426.
FOR FURTHER INFORMATION CONTACT: Mindi Sauter (Legal Information),
Office of the General Counsel, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426, (202) 502-6830.
Scott Sells (Technical Information), Office of Electric
Reliability, Division of Reliability Standards, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,
(202) 502-6664.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
March 18, 2010
1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the
Commission proposes to remand the Time Error Correction Reliability
Standard (BAL-004-1) developed by the North American Electric
Reliability Corporation (NERC) in order for NERC to develop several
modifications to the proposed Reliability Standard, as discussed
below.\2\
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\1\ 16 U.S.C. 824o.
\2\ The Commission is not proposing any new or modified text to
its regulations. Rather, as provided in 18 CFR part 40, a proposed
Reliability Standard will not become effective until approved by the
Commission, and the Electric Reliability Organization must post on
its website each effective Reliability Standard.
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I. Background
A. EPAct 2005 and Mandatory Reliability Standards
2. Section 215 of the FPA requires a Commission-certified Electric
Reliability Organization (ERO) to develop mandatory and enforceable
Reliability Standards, which are subject to Commission review and
approval. Specifically, the Commission may approve, by rule or order, a
proposed Reliability Standard or modification to a Reliability Standard
if it determines that the Standard is just, reasonable, not unduly
discriminatory or preferential, and in the public interest.\3\ Once
approved, the Reliability Standards may be enforced by the ERO, subject
to Commission oversight, or by the Commission independently.\4\
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\3\ 18 U.S.C. 824o(d)(2).
\4\ Id. 824o(e)(3).
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3. Pursuant to section 215 of the FPA, the Commission established a
process to select and certify an ERO \5\ and, subsequently, certified
NERC as the ERO.\6\ On April 4, 2006, NERC submitted a petition seeking
approval of 107 proposed Reliability Standards, including BAL-004-0.\7\
On March 16, 2007, the Commission issued Order No. 693 approving 83 of
these 107 Reliability Standards, including BAL-004-0, and directing
other actions related to 56 of the approved Reliability Standards.
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\5\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, FERC
Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC
Stats. & Regs. ] 31,212 (2006).
\6\ North American Electric Reliability Corp., 116 FERC ] 61,062
(ERO Certification Order), order on reh'g & compliance, 117 FERC ]
61,126 (2006), aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342
(D.C. Cir. 2009).
\7\ See Petition of the North American Electric Reliability
Council and North American Electric Reliability Corporation for
Approval of Reliability Standards, April 4, 2006 at 28-29, Docket
No. RM06-16-000.
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1. Time Error Correction Generally
4. Time Error occurs when a synchronous Interconnection operates at
a frequency (number of cycles per second) that is different from the
Interconnection's Scheduled Frequency. Interconnections control to 60
Hz (60 cycles per second), however, the control is imperfect and over
time will result in the average frequency being either above 60 Hz or
below 60 Hz. This discrepancy between actual frequency and Scheduled
Frequency results from an imbalance between generation and interchange
and load and losses, which also results in Inadvertent Interchange.\8\
Time Error Correction is the procedure Reliability Coordinators and
Balancing Authorities follow to reduce Time Error and regulate the
average frequency closer to 60 Hz. The Time Error Correction
Reliability Standard sets forth the process that Reliability
Coordinators and Balancing Authorities follow to offset their Scheduled
[[Page 15372]]
Frequency to reliably correct for the accumulated Time Error. The
efficiency of Time Error Corrections is determined by the participation
of all Balancing Authorities within the Interconnection. Coordination
and oversight by all Balancing Authorities and Reliability Coordinators
is necessary to ensure that Time Error Corrections are performed
reliably.
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\8\ Inadvertent Interchange occurs when unplanned energy
transfers cross Balancing Authority boundaries, typically where a
Balancing Authority experiences an operational problem that prevents
its net actual interchange of energy from matching its net scheduled
interchange with other Balancing Authorities within the
Interconnection.
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2. NERC's Proposed Time Error Correction Reliability Standard Revisions
5. On March 16, 2007, the Commission issued Order No. 693, which,
among other things, approved the currently effective Time Error
Correction Reliability Standard, BAL-004-0.\9\ On March 11, 2009, NERC
filed a petition for Commission approval of the revised Time Error
Correction Reliability Standard, designated BAL-004-1. The petition
states that the proposed Reliability Standard would supersede the
existing Reliability Standard, and is intended to ensure that
Interconnection Time Monitors will continue to volunteer for that role
during an interim time period during which NERC and the industry will
consider significant changes in how to manage Time Error Correction.
NERC states that a potential more permanent solution already is
incorporated in the scope of its ongoing Project 2007-05--Balancing
Authority Controls.
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\9\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, FERC Stats. & Regs. ] 31,242, order on reh'g, Order
No. 693-A, 120 FERC ] 61,053 (2007).
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6. The Time Error Correction Reliability Standard applies to
Reliability Coordinators and Balancing Authorities. NERC states that,
while in NERC's view Time Error itself is not a reliability issue,
correcting for Time Error can affect reliability, and therefore the
methods used for Time Error Correction must be carried out by the
Balancing Authorities and Reliability Coordinators within each
Interconnection in accordance with NERC Reliability Standards.
7. NERC indicates that designating an Interconnection Time Monitor
is primarily an issue for the Eastern Interconnection. The Midwest ISO
currently performs this function for the Eastern Interconnection. In
the Western Interconnection, the Western Electricity Coordinating
Council (WECC) uses automatic Time Error Correction, although periodic
manual corrections still are required and are coordinated by WECC.\10\
The Electric Reliability Council of Texas performs Time Error
Correction functions for the Texas Interconnection.
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\10\ Under Regional Reliability Standard BAL-004-WECC-01
(Automatic Time Error Correction), Balancing Authorities within WECC
generally are required to continuously automatically correct for
their contribution to Time Error using automatic generation control
systems. However, certain operational events may lead to suspension
of automatic Time Error Correction, requiring manual Time Error
Corrections to be completed at another time, under WECC's direction.
See, Western Electricity Coordinating Council Regional Reliability
Standard Regarding Automatic Time Error Correction, Order No. 723,
127 FERC ] 61,176 (2009) (approving WECC Automatic Time Error
Correction regional Reliability Standard).
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8. NERC states that BAL-004-1 ensures that Time Error Corrections
are conducted in a manner that does not adversely affect the
reliability of the Interconnection.
3. Time Error Correction Reliability Standard Requirements
9. NERC's petition summarizes the proposed changes to the Time
Error Correction Reliability Standard's compliance Requirements, as
described below.\11\
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\11\ Appendix A to this order, showing in redline the changes
NERC proposed to the Time Error Correction Reliability Standard, is
available for viewing at http://www.ferc.gov in the eLibrary version
of this document.
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10. Requirement R1: Requirement R1 currently states that only a
Reliability Coordinator is eligible to serve as an Interconnection Time
Monitor, and that the NERC Operating Committee shall designate a single
Reliability Coordinator in each Interconnection to serve as
Interconnection Time Monitor. The proposed changes would remove the
requirement that the NERC Operating Committee designate Interconnection
Time Monitors. NERC indicates that the change would vest authority for
designating Interconnection Time Monitors with the NERC Board of
Trustees, based on NERC Operating Committee review and recommendation.
NERC states that, once the proposed standard is approved, the NERC
Board of Trustees will formally designate Interconnection Time
Monitors.
11. Requirement R2: NERC proposes to remove the current Requirement
R2 in its entirety; the current Requirement R2 states that the
Interconnection Time Monitor will monitor Time Error and shall initiate
or terminate corrective action orders in accordance with the North
American Energy Standards Board (NAESB) Time Error Correction
Procedure. NERC asserts that NERC Reliability Standards should not
compel an entity to comply with NAESB business practices.
12. Requirement R3: \12\ Requirement R3 instructs Balancing
Authorities to participate in a Time Error Correction when directed by
the Reliability Coordinator serving as the Interconnection Time
Monitor. The text of that Requirement would remain the same.
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\12\ With the elimination of current Requirement R2, the current
Requirement R3 would become Requirement R2.
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13. Requirement R4: \13\ Requirement R4 states that any Reliability
Coordinator, either on its own accord or at the request of a Balancing
Authority within its footprint, may request that the Interconnection
Time Monitor terminate a Time Error Correction for reliability reasons.
The text of that Requirement also would remain the same.
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\13\ Similarly, the current Requirement R4 would become
Requirement R3.
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14. Reference Document: NERC states that its Operating Committee
has approved a ``Time Monitoring Reference Document,'' which details a
process for identifying the Reliability Coordinator that will serve as
the Interconnection Time Monitor for each Interconnection and outlines
the responsibilities of Reliability Coordinators serving as
Interconnection Time Monitors. NERC included the Reference Document in
its filing; however, NERC indicates that the document is presented for
informational purposes only, and that NERC is not requesting Commission
approval of the Reference Document.
4. Time Error Correction Reliability Standard Development
15. The NERC Operating Committee submitted a Standard Authorization
Request (SAR) to the NERC Standards Committee on July 11, 2007,
proposing changes to BAL-004-0. The Operating Committee requested that
the Standards Committee use the ``Urgent Action'' process in addressing
the proposed revisions. At its September 11, 2007 meeting, the
Standards Committee determined to post the SAR and proposed standard
changes using the Urgent Action process, stating that the potential
loss of a willing Reliability Coordinator to serve as the
Interconnection Time Monitor justified use of the Urgent Access
process.
16. NERC conducted an initial ballot in October 2007, the results
of which included ten negative ballots, including seven with comments.
All seven commenters were concerned that the proposed revisions left
unclear what entity will assume the responsibility for serving as the
Time Monitor for each Interconnection. Three commenters also indicated
that the revisions did not state responsibility for directing
[[Page 15373]]
implementation of a Time Error Correction. Two commenters suggested
that the Reliability Standards should include a requirement to comply
with NAESB business practices because those practices also are FERC-
approved. One commenter suggested revising Requirement R2 to omit the
reference to the NAESB business practice, and one commenter objected to
use of the Urgent Action process.
17. In response to these comments, the NERC Operating Committee
indicated that it was working on a documented process for identifying
the entity that would serve as the Interconnection Time Monitor for
each Interconnection and for reviewing the Interconnection Time
Monitors' performance on a forward-going basis, as it has done for many
years.
18. NERC posted its response to the comments on November 8, 2007,
and subsequently conducted a recirculation ballot, as required under
NERC's Rules of Procedure. The revised standard passed with 97.45
percent of the 157 ballot pool participants voting, resulting in a
weighted segment approval of 94.10 percent.
19. The NERC Board of Trustees approved the revised Reliability
Standard on March 26, 2008, and NERC filed its petition on March 11,
2009. NERC requests that BAL-004-1 become effective on the first day of
the first quarter after applicable regulatory approval or, in those
jurisdictions where regulatory approval is not required, upon Board of
Trustees approval.
II. Discussion
20. The Commission proposes to remand the proposed Reliability
Standard, BAL-004-1, in order for NERC to develop several
modifications, as discussed below.
A. Requirement R1
21. NERC proposes to revise Requirement R1 to remove from the
Reliability Standard the requirement that the NERC Operating Committee
designate one Reliability Coordinator as the Interconnection Time
Monitor in each Interconnection, arguing that the NERC Operating
Committee is not a user, owner or operator of the Bulk-Power System and
it is not appropriate for that Committee alone to assign requirements
to users, owners or operators of the Bulk-Power System without NERC
Board of Trustees' approval. NERC further argues that it is not
appropriate for a stakeholder-based committee to designate a particular
entity for a position that will be accountable for complying with a
Reliability Standard Requirement.
Commission Analysis:
22. With regard to Requirement R1, the Commission is concerned that
the Time Monitor selection process is contained in a guidance document
that is not subject to Commission review and may be changed without
notice. Commission review of proposed changes, and appropriate notice
of such proposed changes, is necessary to ensure that the changes are
just, reasonable, not unduly discriminatory or preferential, and in the
public interest. Thus, the Commission proposes, on remand, to direct
NERC to describe the Interconnection Time Monitor designation process
within a Commission-approved document, such as NERC's Rules of
Procedure or within the Reliability Standard itself.
B. Requirement R2
23. The revised Reliability Standard also proposes to delete
Requirement R2 in its entirety. Requirement R2 includes the requirement
that Interconnection Time Monitors monitor Time Error and initiate or
terminate corrective action in accordance with the NAESB Time Error
Correction Procedure. NERC states that now that the ``Version 0
Reliability Standards'' are mandatory and enforceable, much of the
process to implement Time Error Corrections has become a NAESB
procedure, because Time Error Correction itself is not a reliability
issue. NERC explains that the fact that an Interconnection Time Monitor
chooses to act and initiate a Time Error Correction based on the NAESB
procedure has no reliability relevance and that NERC Reliability
Standards should not compel an entity to comply with NAESB business
practices, and that eliminating Requirement R2 accomplishes this. NERC
adds that there are no current concerns with the performance of the
volunteer Interconnection Time Monitors, and that the NERC Operating
Committee will continue to address Interconnection Time Monitor
performance in the future should the Commission approve the proposed
Reliability Standard. NERC concludes that approving the proposed
Reliability Standard would maintain the status quo and serve the best
interests of reliability.
Commission Analysis:
24. In Order No. 672, the Commission identified a number of
criteria it will use in determining whether a proposed Reliability
Standard or a proposed revision to a Reliability Standard is just,
reasonable, not unduly discriminatory or preferential, and in the
public interest.\14\ One of these criteria is that a proposed
Reliability Standard must be clear and unambiguous as to what is
required and who is required to comply.\15\ The Commission believes the
proposal to remove Requirement R2 in its entirety does not satisfy this
criterion, and therefore proposes to remand the proposed Reliability
Standard. Removing Requirement R2 makes the Reliability Standard
incomplete and ambiguous, since it would not explain the circumstances
under which a Time Error Correction needs to be initiated or ended,
indicate that Time Error Correction must be performed, or identify the
entity that has the obligation and authority to initiate a Time Error
Correction.
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\14\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, FERC
Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC
Stats. & Regs. ] 31,212 (2006).
\15\ Id. P 325.
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25. The Commission therefore proposes to remand the proposed
Reliability Standard and, further proposes that, on remand, NERC should
modify its proposed changes to Requirement R2 to (1) indicate that the
Time Monitor, designated according to a process described in a
Commission-approved document as discussed above, is responsible for
initiating or terminating a Time Error Correction in a reliable manner;
and (2) explain the circumstances under which the Time Monitor should
start or end a Time Error Correction. The Commission is not persuaded
by NERC's argument that much of the process to implement Time Error
Corrections is now just a voluntary NAESB procedure, because Time Error
Correction itself is not a reliability issue. In Order No. 693, we
disagreed with arguments that Time Error Correction is really more a
NAESB business practice. Rather, we stated that the Time Error
Correction Reliability Standard is intended to ensure that Time Error
Corrections are performed in a manner that does not adversely affect
reliability, and the technical details, including the means to carry
out the procedure, are a reliability issue.\16\
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\16\ Order No. 693, FERC Stats. & Regs. ] 31,242 at P 383.
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26. We also are not persuaded by NERC's argument that, because the
Interconnection Time Monitors are performing well, we should approve
removal of technical details from the Reliability Standard. The
Reliability Standard should include technical details regarding what is
required from all participants involved with Time Error Corrections to
avoid confusion
[[Page 15374]]
regarding each participant's expectations and obligations. While the
Commission does not oppose NERC's proposal to remove the clause in
Requirement R2 directing the Time Monitor to proceed in accordance with
the NAESB Time Error Correction Procedure, as noted above, the proposed
Reliability Standard is incomplete and ambiguous as it does not include
pertinent technical details regarding the Time Error Correction
process. Additionally, when an issue has both reliability and business
aspects, the Commission has directed NERC and NAESB to work together to
coordinate their efforts in order to provide a workable Reliability
Standard that addresses the reliability issue.\17\ The Commission
expects that to occur here.
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\17\ See, e.g., Modification of Interchange and Transmission
Loading Relief Reliability Standards and Electric Reliability
Organization Interpretation of Specific Requirements of Four
Reliability Standards, 123 FERC ] 61,064, at P 49 (2008) (``The
Commission has long supported the coordination of business practices
and Reliability Standards. As early as May 2002, the Commission
urged the industry expeditiously to establish the procedures for
ensuring coordination between NAESB and NERC.''); Preventing Undue
Discrimination and Preference in Transmission Service, Order No.
890-A, FERC Stats. & Regs. ] 31,261, at P 56 (2007), order on reh'g,
Order No. 890-B, 123 FERC ] 61,299 (2008) (``The Commission affirms
the decision in Order No. 890 to rely on the NERC reliability
standards development process, and the NAESB business practices
development process, to achieve a more coherent and uniform
determination of ATC. We disagree that this conflicts with the
Commission's obligations under section 215 of the FPA.'');
Electricity Market Design and Structure, 99 FERC ] 61,171, at P 22
(2002), order on reh'g, 101 FERC ] 61,297 (2002) (``We also consider
coordination between business practice standards and reliability
standards to be critical to the efficient operation of the market.).
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27. NERC has stated that in its view Time Error itself is not a
reliability risk, and the purpose of the Time Error Correction
Reliability Standard is not to account for Time Error, but to ensure
Time Error Corrections are implemented in a reliable manner. Any time
the Balancing Authorities within an Interconnection undertake an actual
modification to their generation dispatch to correct for Time Error, it
must be coordinated and monitored by a Reliability Coordinator to
ensure that each Balancing Authority schedules the same frequency and
preclude negative impacts on reliable operation, allowing the
Reliability Coordinator to maintain a wide area view of other
activities, planned or unplanned, occurring on the system at the time.
Any Reliability Coordinator can qualify to perform the Interconnection
Time Monitor function, and each Interconnection requires one Time
Monitor, which is responsible for determining when to implement Time
Error Corrections, and for coordinating their execution. The
requirement to appoint a single Time Monitor for each Interconnection
ensures that a Time Error Correction is well coordinated and
communication runs smoothly. If more than one Time Monitor were
assigned to each Interconnection, there would be a risk of
uncoordinated Time Error Corrections, resulting in inefficient Time
Error Corrections and inadvertent power flows (which could lead to
congestion issues on the Bulk-Power System (potentially reaching or
exceeding System Operating Limits or Interconnection reliability
Operating Limits)) or failure to terminate a Time Error Correction
quickly (due to unclear lines of authority, communication issues, or
confusion when requested by a Reliability Coordinator or Balancing
Authority) if necessary to preserve system reliability.
28. The current, previously-approved Reliability Standard ensures
that Time Error Corrections are implemented in a reliable manner by
requiring one designated Reliability Coordinator to serve as Time
Monitor for each Interconnection and to perform the function of calling
for Time Error Corrections, taking into account system conditions, and
to halt Time Error Corrections if system conditions warrant, as well as
requiring Balancing Authorities to participate and follow the specified
procedures. The current Reliability Standard also allows any
Reliability Coordinator or Balancing Authority to call for termination
of a Time Error Correction for reliability considerations.
29. The greater reliability risk associated with Time Error
Correction appears to lie in executing a Time Error Correction rather
than in monitoring for Time Error. Accordingly, any penalties arising
from the Time Error Correction Reliability Standard should
appropriately consider and differentiate between the differing levels
of reliability risk arising from differing actions required from
Interconnection Time Monitors and should shield the Interconnection
Time Monitors from liability beyond their control such as when a
Balancing Authority fails to respond appropriately to directives from
the Interconnection Time Monitors.
30. Thus, NERC should consider developing compliance evaluation
measures that assess the reliability risk associated with each action,
and tie any penalty to each action. Requirement R2 might be divided
into sub-requirements in order to facilitate development of such
compliance evaluation measures.
31. The Commission further reminds NERC that, in Order No. 693, we
directed the Electric Reliability Organization to develop additional
Measures and add Levels of Non-Compliance to assure that the
requirements in the current Requirement R3 are achieved.\18\
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\18\ Order No. 693, FERC Stats. & Regs. ] 31,242 at P 384.
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32. The Commission seeks comments on the proposals discussed above.
III. Information Collection Statement
33. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting and recordkeeping (collections of
information) imposed by an agency.\19\ The information contained here
is also subject to review under section 3507(d) of the Paperwork
Reduction Act of 1995.\20\ As stated above, the Commission previously
approved, in Order No. 693, the Reliability Standard that is the
subject of the current rulemaking. In the first instance, the
Commission is proposing to remand the proposed revisions to BAL-004-1,
thus the reporting burden would not change. In the event that the
Commission, after receiving comments, determines to adopt the proposed
revisions to the Reliability Standard, they are minor; therefore, they
would not add to or increase entities' current reporting burden. Thus,
the current proposal would not materially affect the burden estimates
relating to the currently effective version of the Reliability Standard
presented in Order No. 693.\21\
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\19\ 5 CFR 1320.11.
\20\ 44 U.S.C. 3507(d).
\21\ See Order No. 693, FERC Stats. & Regs. ] 31,242 at P 1905-
07.
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34. For example, the proposed modifications to BAL-004-1 do not
modify or otherwise affect the collection of information already in
place. Moreover, the proposed removal of business practice-related
requirements from Reliability Standard BAL-004-1 likely will decrease,
not increase, the reporting burden associated with the current,
Commission-approved version of the Reliability Standard.
35. Thus, the proposed modifications to the current Reliability
Standard effected by this proposed rule will not increase the reporting
burden nor impose any additional information collection requirements.
36. The Commission does not foresee any additional impact on the
reporting burden for small businesses, because the proposed
modifications are minor and do not increase the existing burden.
However, we will submit this proposed rule to OMB for informational
purposes.
Title: Modification of Time Error Correction Reliability Standard.
Action: Proposed Collection.
[[Page 15375]]
OMB Control No.: 1902-0244.
Respondents: Businesses or other for-profit institutions; not-for-
profit institutions.
Frequency of Responses: On Occasion.
Necessity of the Information: This proposed rule proposes to remand
modifications to a Reliability Standard pertaining to Time Error
Corrections.
Internal Review: The Commission has reviewed the proposed
Reliability Standard and made a determination that its action is
necessary to implement section 215 of the FPA. These requirements, if
modified as discussed above should conform to the Commission's
expectation for Time Error Correction as well as procedures within the
energy industry.
37. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE. Washington, DC 20426 [Attention:
Michael Miller, Office of the Executive Director, Phone: (202) 502-
8415, fax: (202) 273-0873, e-mail: [email protected]].
38. For submitting comments concerning the collection(s) of
information and the associated burden estimate(s), please send your
comments to the contact listed above and to the Office of Information
and Regulatory Affairs, Office of Information and Regulatory Affairs,
Washington, DC 20503 [Attention: Desk Officer for the Federal Energy
Regulatory Commission, phone (202) 395-4650, fax: (202) 395-7285, e-
mail: [email protected]].
IV. Environmental Analysis
39. 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.\22\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\23\ The actions proposed
herein fall within this categorical exclusion in the Commission's
regulations.
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\22\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
\23\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act Analysis
40. The Regulatory Flexibility Act of 1980 (RFA) \24\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
Agencies are not required to provide such an analysis if a rule would
not have such an effect. The RFA mandates consideration of regulatory
alternatives that accomplish the stated objectives of a proposed rule
and that minimize any significant economic impact on a substantial
number of small entities. The Small Business Administration's Office of
Size Standards develops the numerical definition of a small business.
(See 13 CFR 121.201.) For electric utilities, a firm is small if,
including its affiliates, it is primarily engaged in the transmission,
generation and/or distribution of electric energy for sale and its
total electric output for the preceding twelve months did not exceed
four million megawatt hours.
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\24\ 5 U.S.C. 601-12.
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41. NERC and the entities that act as Interconnection Time
Monitors, and thus would be affected by the proposed Reliability
Standard, do not fall within the RFA's definition of small entity. NERC
is the Commission-certified Electric Reliability Organization for the
continental United States, and is responsible for developing and
enforcing mandatory Reliability Standards for the United States. NERC
enforces compliance with NERC Reliability Standards through a rigorous
program of monitoring, audits and investigations, and the imposition of
financial penalties and other enforcement actions for non-compliance.
42. The Midwest Independent Transmission System Operator, Inc.
(Midwest ISO) is a non-profit organization with over 131,000 megawatts
of installed generation. Midwest ISO has 93,600 miles of transmission
lines and serves 15 states and one Canadian province.
43. The Electric Reliability Council of Texas (ERCOT) manages the
flow of electric power to 22 million Texas customers. As the
independent system operator for the region, ERCOT schedules power on an
electric grid that connects 40,000 miles of transmission lines and more
than 550 generation units.
44. The Western Electricity Coordinating Council (WECC) is
responsible for coordinating and promoting bulk electric system
reliability in the Western Interconnection. WECC's service territory
extends from Canada to Mexico. It includes the provinces of Alberta and
British Columbia, the northern portion of Baja California, Mexico, and
all or portions of the 14 Western states between.
45. In any event, the RFA is not implicated by this proposed rule
because by remanding the proposed Reliability Standard the Commission
is maintaining the status quo until future revisions to the Reliability
Standard are filed with and approved by the Commission.
VI. Comment Procedures
46. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be remanded,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due April 28, 2010. Comments must
refer to Docket No. RM09-13-000, and must include the commenter's name,
the organization they represent, if applicable, and their address in
their comments.
47. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
48. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
49. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VII. Document Availability
50. 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 the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m.
[[Page 15376]]
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
51. From the Commission'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.
52. User assistance is available for eLibrary and the Commission's
web site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at (866) 208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at
[email protected].
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-6481 Filed 3-26-10; 8:45 am]
BILLING CODE 6717-01-P