[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR37.6]

[Page 302-305]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 37_OPEN ACCESS SAME-TIME INFORMATION SYSTEMS--Table of Contents
 
Sec. 37.6  Information to be posted on the OASIS.

    (a) The information posted on the OASIS must be in such detail and 
the OASIS must have such capabilities as to allow Transmission Customers 
to:
    (1) Make requests for transmission services offered by Transmission 
Providers, Resellers and other providers of ancillary services;
    (2) View and download in standard formats, using standard protocols, 
information regarding the transmission system necessary to enable 
prudent business decision making;
    (3) Post, view, upload and download information regarding available 
products and desired services;
    (4) Clearly identify the degree to which transmission service 
requests or schedules were denied or interrupted;
    (5) Obtain access, in electronic format, to information to support 
available transmission capability calculations and historical 
transmission service requests and schedules for various audit purposes; 
and
    (6) Make file transfers and automated computer-to-computer file 
transfers and queries as defined by the Standards and Communications 
Protocols Document.
    (b) Posting transmission capability. The transmission capability 
that is expected to be available on the Transmission Provider's system 
(ATC) and the total transmission capability (TTC) of that system shall 
be calculated and posted for each Posted Path as set out in this 
section.
    (1) Definitions. For purposes of this section the terms listed below 
have the following meanings:
    (i) Posted path means any control area to control area 
interconnection; any path for which service is denied, curtailed or 
interrupted for more than 24 hours in the past 12 months; and any path 
for which a customer requests to have ATC or TTC posted. For this last 
category, the posting must continue for 180 days and thereafter until 
180 days have elapsed from the most recent request for service over the 
requested path. For purposes of this definition, an hour includes any 
part of an hour during which service was denied, curtailed or 
interrupted.
    (ii) Constrained posted path means any posted path having an ATC 
less than or equal to 25 percent of TTC at any time during the preceding 
168 hours or for which ATC has been calculated to be less than or equal 
to 25 percent of TTC for any period during the current hour or the next 
168 hours.
    (iii) Unconstrained posted path means any posted path not determined 
to be a constrained posted path.
    (iv) The word interconnection, as used in the definition of ``posted 
path'', means all facilities connecting two adjacent systems or control 
areas.
    (2) Calculation methods, availability of information, and requests. 
(i) Information used to calculate any posting of ATC and TTC must be 
dated and time-stamped and all calculations shall be performed according 
to consistently applied methodologies referenced in the Transmission 
Provider's transmission tariff and shall be based on current industry 
practices, standards and criteria.
    (ii) On request, the Responsible Party must make all data used to 
calculate ATC and TTC for any constrained posted paths publicly 
available (including the limiting element(s) and the cause of the limit 
(e.g., thermal, voltage, stability)) in electronic form within one week 
of the posting. The information is required to be provided only in the 
electronic format in which it was created, along with any necessary 
decoding instructions, at a cost limited to the cost of reproducing the 
material. This information is to be retained for

[[Page 303]]

six months after the applicable posting period.
    (iii) System planning studies or specific network impact studies 
performed for customers to determine network impacts are to be made 
publicly available in electronic form on request and a list of such 
studies shall be posted on the OASIS. A study is required to be provided 
only in the electronic format in which it was created, along with any 
necessary decoding instructions, at a cost limited to the cost of 
reproducing the material. These studies are to be retained for two 
years.
    (3) Posting. The ATC and TTC for all Posted Paths must be posted in 
megawatts by specific direction and in the manner prescribed in this 
subsection.
    (i) Constrained posted paths--(A) For Firm ATC and TTC. (1) The 
posting shall show ATC and TTC for a 30-day period. For this period 
postings shall be: by the hour, for the current hour and the 168 hours 
next following; and thereafter, by the day. If the Transmission Provider 
charges separately for on-peak and off-peak periods in its tariff, ATC 
and TTC will be posted daily for each period.
    (2) Postings shall also be made by the month, showing for the 
current month and the 12 months next following.
    (3) If planning and specific requested transmission studies have 
been done, seasonal capability shall be posted for the year following 
the current year and for each year following to the end of the planning 
horizon but not to exceed 10 years.
    (B) For Non-Firm ATC and TTC. The posting shall show ATC and TTC for 
a 30-day period by the hour and days prescribed under paragraph 
(b)(3)(i)(A)(1) of this section and, if so requested, by the month and 
year as prescribed under paragraph (b)(3)(i)(A) (2) and (3) of this 
section.
    (C) Updating Posted Information for Constrained Paths. (1) The 
capability posted under paragraphs (b)(3)(i) (A) and (B) of this section 
must be updated when transactions are reserved or service ends or 
whenever the TTC estimate for the Path changes by more than 10 percent.
    (2) All updating of hourly information shall be made on the hour.
    (ii) Unconstrained posted paths. (A) Postings of firm and nonfirm 
ATC and TTC shall be posted separately by the day, showing for the 
current day and the next six days following and thereafter, by the month 
for the 12 months next following. If the Transmission Provider charges 
separately for on-peak and off-peak periods in its tariff, ATC and TTC 
will be posted separately for the current day and the next six days 
following for each period. These postings are to be updated whenever the 
ATC changes by more than 20 percent of the Path's TTC.
    (B) If planning and specific requested transmission studies have 
been done, seasonal capability shall be posted for the year following 
the current year and for each year following until the end of the 
planning horizon but not to exceed 10 years.
    (c) Posting Transmission Service Products and Prices. (1) 
Transmission Providers must post prices and a summary of the terms and 
conditions associated with all transmission products offered to 
Transmission Customers.
    (2) Transmission Providers must provide a downloadable file of their 
complete tariffs in the same electronic format as the tariff that is 
filed with the Commission.
    (3) Any offer of a discount for any transmission service made by the 
Transmission Provider must be announced to all potential customers 
solely by posting on the OASIS.
    (4) For any transaction for transmission service agreed to by the 
Transmission Provider and a customer, the Transmission Provider (at the 
time when ATC must be adjusted in response to the transaction), must 
post on the OASIS (and make available for download) information 
describing the transaction (including: price; quantity; points of 
receipt and delivery; length and type of service; identification of 
whether the transaction involves the Transmission Provider's wholesale 
merchant function or any affiliate; identification of what, if any, 
ancillary service transactions are associated with this transmission 
service transaction; and any other relevant terms and conditions) and 
shall keep such information posted on the OASIS for at

[[Page 304]]

least 30 days. A record of the transaction must be retained and kept 
available as part of the audit log required in Sec. 37.7.
    (5) Customers choosing to use the OASIS to offer for resale 
transmission capacity they have purchased must post relevant information 
to the same OASIS as used by the one from whom the Reseller purchased 
the transmission capacity. This information must be posted on the same 
display page, using the same tables, as similar capability being sold by 
the Transmission Provider, and the information must be contained in the 
same downloadable files as the Transmission Provider's own available 
capability. A customer reselling transmission capacity without the use 
of an OASIS must, nevertheless, inform the original Transmission 
Provider of the transaction within any time limits prescribed by the 
Transmission Provider's tariff or in a contract or service agreement 
between the Transmission Provider and a customer.
    (d) Posting Ancillary Service Offerings and Prices. (1) Any 
ancillary service required to be provided or offered under the pro forma 
tariff prescribed by part 35 of this chapter must be posted with the 
price of that service.
    (2) Any offer of a discount for any ancillary service made by the 
Transmission Provider must be announced to all potential customers 
solely by posting on the OASIS.
    (3) For any transaction for ancillary service agreed to by the 
Transmission Provider and a customer, the Transmission Provider (at the 
time when ATC must be adjusted in response to an associated transmission 
service transaction, if any), must post on the OASIS (and make available 
for download) information describing the transaction (including: date 
and time when the agreement was entered into; price; quantity; length 
and type of service; identification of whether the transaction involves 
the Transmission Provider's wholesale merchant function or any 
affiliate; identification of what, if any, transmission service 
transactions are associated with this ancillary service transaction; and 
any other relevant terms and conditions) and shall keep such information 
posted on the OASIS for at least 30 days. A record of the transaction 
must be retained and kept available as part of the audit log required in 
Sec. 37.7.
    (4) Any other interconnected operations service offered by the 
Transmission Provider may be posted, with the price for that service.
    (5) Any entity offering an ancillary service shall have the right to 
post the offering of that service on the OASIS if the service is one 
required to be offered by the Transmission Provider under the pro forma 
tariff prescribed by part 35 of this chapter. Any entity may also post 
any other interconnected operations service voluntarily offered by the 
Transmission Provider. Postings by customers and third parties must be 
on the same page, and in the same format, as postings of the 
Transmission Provider.
    (e) Posting specific transmission and ancillary service requests and 
responses--(1) General rules. (i) All requests for transmission and 
ancillary service offered by Transmission Providers under the pro forma 
tariff, including requests for discounts, must be made on the OASIS, and 
posted prior to the Transmission Provider responding to the request, 
except as discussed in paragraphs (e)(1) (ii) and (iii). The 
Transmission Provider must post all requests for transmission service 
and for ancillary service comparably. Requests for transmission and 
ancillary service, and the responses to such requests, must be conducted 
in accordance with the Transmission Provider's tariff, the Federal Power 
Act, and Commission regulations.
    (ii) The requirement in paragraph (e)(1)(i) of this section, to post 
requests for transmission and ancillary service offered by Transmission 
Providers under the pro forma tariff, including requests for discounts, 
prior to the Transmission Provider responding to the request, does not 
apply to requests for next-hour service made during Phase I.
    (iii) In the event that a discount is being requested for ancillary 
services that are not in support of basic transmission service provided 
by the Transmission Provider, such request need not be posted on the 
OASIS.

[[Page 305]]

    (iv) In processing a request for transmission or ancillary service, 
the Responsible Party shall post the same information as required in 
Sec. 37.6(c)(4), Sec. 37.6(d)(3), and the following information: the 
date and time when the request is made, its place in any queue, the 
status of that request, and the result (accepted, denied, withdrawn).
    (2) Posting when a request for transmission service is denied. (i) 
When a request for service is denied, the Responsible Party must provide 
the reason for that denial as part of any response to the request.
    (ii) Information to support the reason for the denial, including the 
operating status of relevant facilities, must be maintained for 60 days 
and provided, upon request, to the potential Transmission Customer.
    (iii) Any offer to adjust operation of the Transmission Provider's 
System to accommodate the denied request must be posted and made 
available to all Transmission Customers at the same time.
    (3) Posting when a transaction is curtailed or interrupted. (i) When 
any transaction is curtailed or interrupted, the Transmission Provider 
must post notice of the curtailment or interruption on the OASIS, and 
the Transmission Provider must state on the OASIS the reason why the 
transaction could not be continued or completed.
    (ii) Information to support any such curtailment or interruption, 
including the operating status of the facilities involved in the 
constraint or interruption, must be maintained and made available upon 
request, to the curtailed or interrupted customer, the Commission's 
Staff, and any other person who requests it, for three years.
    (iii) Any offer to adjust the operation of the Transmission 
Provider's system to restore a curtailed or interrupted transaction must 
be posted and made available to all curtailed and interrupted 
Transmission Customers at the same time.
    (f) Posting Transmission Service Schedules Information. Information 
on transmission service schedules must be recorded by the entity 
scheduling the transmission service and must be available on the OASIS 
for download. Transmission service schedules must be posted no later 
than seven calendar days from the start of the transmission service.
    (g) Posting Other Transmission-Related Communications. (1) The 
posting of other communications related to transmission services must be 
provided for by the Responsible Party. These communications may include 
``want ads'' and ``other communications'' (such as using the OASIS as a 
Transmission-related conference space or to provide transmission-related 
messaging services between OASIS users). Such postings carry no 
obligation to respond on the part of any market participant.
    (2) The Responsible Party is responsible for posting other 
transmission-related communications in conformance with the instructions 
provided by the third party on whose behalf the communication is posted. 
It is the responsibility of the third party requesting such a posting to 
ensure the accuracy of the information to be posted.
    (3) Notices of transfers of personnel shall be posted as described 
in Sec. 358.4(c). The posting requirements are the same as those 
provided in Sec. 37.7 for audit data postings.
    (4) Logs detailing the circumstances and manner in which a 
Transmission Provider or Responsible Party exercised its discretion 
under any terms of the tariff shall be posted as described in Sec. 
358.5(c)(4). The posting requirements are the same as those provided in 
Sec. 37.7 for audit data postings.

[Order 889, 61 FR 21764, May 10, 1996, as amended by Order 889-A, 62 FR 
12503, Mar. 14, 1997; Order 605, 64 FR 34124, June 25, 1999; Order 2004, 
68 FR 69157, Dec. 11, 2003]