80_FR_57734 80 FR 57549 - Relay Performance During Stable Power Swings Reliability Standard

80 FR 57549 - Relay Performance During Stable Power Swings Reliability Standard

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 185 (September 24, 2015)

Page Range57549-57553
FR Document2015-24279

The Federal Energy Regulatory Commission proposes to approve Reliability Standard PRC-026-1 (Relay Performance During Stable Power Swings), submitted by the North American Electric Reliability Corporation. The proposed Reliability Standard is designed to ensure that applicable entities use protective relay systems that can differentiate between faults and stable power swings. In addition, the Commission requests comment regarding the potential burden of modifying the applicability of proposed Reliability Standard PRC-026-1 to include relays with a time delay of 15 cycles or greater in instances where either (1) an element has been identified by a Planning Coordinator as potentially susceptible to power swings or (2) an entity becomes aware of a bulk electric system element that tripped in response to a stable or unstable power swing due to the operation of its protective relay(s), even if the element was not previously identified by the planning coordinator.

Federal Register, Volume 80 Issue 185 (Thursday, September 24, 2015)
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Proposed Rules]
[Pages 57549-57553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24279]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM15-8-000]


Relay Performance During Stable Power Swings Reliability Standard

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to approve 
Reliability Standard PRC-026-1 (Relay Performance During Stable Power 
Swings), submitted by the North American Electric Reliability 
Corporation. The proposed Reliability Standard is designed to ensure 
that applicable entities use protective relay systems that can 
differentiate between faults and stable power swings. In addition, the 
Commission requests comment regarding the potential burden of modifying 
the applicability of proposed Reliability Standard PRC-026-1 to include 
relays with a time delay of 15 cycles or greater in instances where 
either (1) an element has been identified by a Planning Coordinator as 
potentially susceptible to power swings or (2) an entity becomes aware 
of a bulk electric system element that tripped in response to a stable 
or unstable power swing due to the operation of its protective 
relay(s), even if the element was not previously identified by the 
planning coordinator.

DATES: Comments are due November 23, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hubona (Technical Information), Office of Electric Reliability, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (301) 665-1608, [email protected].
Kevin Ryan (Legal Information), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426, (202) 502-6840, [email protected].


SUPPLEMENTARY INFORMATION:
    1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the 
Commission proposes to approve Reliability Standard PRC-026-1 (Relay 
Performance During Stable Power Swings), submitted by the North 
American Electric Reliability Corporation (NERC), the Commission-
approved Electric Reliability Organization (ERO). The proposed 
Reliability Standard applies to planning coordinators, as well as 
generator owners and transmission owners that apply certain load-
responsive protective relays in specific, identified circumstances, and 
is designed to ensure the use of protective relay systems that can 
differentiate between faults and stable power swings. In addition, the 
Commission proposes to approve NERC's proposed implementation plan, and 
the assigned violation risk factors and violation severity levels.
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    \1\ 16 U.S.C. 824o (2012).
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    2. Consistent with directives issued in Order No. 733,\2\ the 
Commission proposes to find that the proposed Reliability Standard 
addresses undesirable relay operation due to power swings,\3\ and 
provides an equally effective and efficient alternative to the Order 
No. 733 directive requiring the use of protective relay systems that 
can differentiate between faults and stable power swings and, when 
necessary, retirement of protective relay systems that cannot meet this 
requirement.\4\ Further, as discussed below, the Commission seeks 
comment regarding the potential burden of modifying the applicability 
of proposed Reliability Standard PRC-026-1 to include relays with a 
time delay of 15 cycles or greater in instances where either (1) an 
element has been identified by a Planning Coordinator as potentially 
susceptible to power swings or (2) an entity becomes aware of a bulk 
electric system element that tripped in response to a stable or

[[Page 57550]]

unstable power swing due to the operation of its protective relay(s), 
even if the element was not previously identified by the planning 
coordinator. Depending on the response, the Commission may direct that 
NERC develop modifications to the proposed Reliability Standard.
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    \2\ Transmission Relay Loadability Reliability Standard, Order 
No. 733, 130 FERC ] 61,221 (2010), order on reh'g and clarification, 
Order No. 733-A, 134 FERC ] 61,127, order on reh'g and 
clarification, Order No. 733-B, 136 FERC ] 61,185 (2011).
    \3\ Order No. 733, 130 FERC ] 61,221 at P 153.
    \4\ Id. P 150.
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I. Background

A. Mandatory Reliability Standards and Order No. 733 Directives

    3. Section 215 of the FPA requires a Commission-certified ERO to 
develop mandatory and enforceable Reliability Standards, subject to 
Commission review and approval.\5\ Pursuant to section 215 of the FPA, 
the Commission established a process to select and certify an ERO,\6\ 
and subsequently certified NERC.\7\
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    \5\ 16 U.S.C. 824(d) and (e).
    \6\ 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).
    \7\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006), 
aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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    4. On March 18, 2010, in Order No. 733, the Commission approved 
Reliability Standard PRC-023-1 (Transmission Relay Loadability) and 
directed NERC to develop a new Reliability Standard that requires the 
use of protective relay systems that can differentiate between faults 
and stable power swings and, when necessary, retirement of protective 
relay systems that cannot meet this requirement.\8\ In Order No. 733, 
the Commission cited the findings of both NERC and the U.S.-Canada 
Power System Outage Task Force on the causes of the 2003 Northeast 
Blackout, explaining that the cascade during this event was accelerated 
by zone 2 and zone 3 relays that continued to operate because these 
devices could not distinguish between a dynamic, but stable, power 
swing and an actual fault.\9\ The Commission recognized that addressing 
stable power swings is a complex issue which impacted the 2003 
Blackout, and yet there was no Reliability Standard that addresses the 
issue; therefore, the Commission directed NERC to develop a Reliability 
Standard to address undesirable relay operation due to stable power 
swings.\10\
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    \8\ Order No. 733, 130 FERC ] 61,221 at P 150.
    \9\ Id. PP 3-4, 130 (citing U.S.-Canada Power System Outage Task 
Force, Final Report on the August 14, 2003 Blackout in the United 
States and Canada: Causes and Recommendations, at 80 (2004); and 
August 14, 2003 Blackout: NERC Actions to Prevent and Mitigate the 
Impacts of Future Cascading Blackouts, at 13 (2004)).
    \10\ Id. P 153.
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    5. On February 17, 2011, in Order No. 733-A, the Commission denied 
rehearing of Order No. 733 and clarified that ``[w]e continue to 
believe that not addressing stable power swings constitutes a gap in 
the current Reliability Standards and must be addressed.'' \11\ 
Therefore, the Commission affirmed the directive that NERC develop a 
Reliability Standard addressing stable power swings.\12\ The Commission 
also clarified that it did not require a Reliability Standard 
containing an absolute obligation to prevent protection relays from 
operating unnecessarily during stable power swings or an across-the-
board elimination of all zone 3 relays, but only the development of a 
standard that addresses protection systems that are vulnerable to 
stable power swings (resulting from Category B and Category C 
contingencies from the NERC Planning Standards in place at that time) 
that will result in inappropriate tripping.\13\ In Order No. 733-B, the 
Commission denied further clarification regarding the issue.
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    \11\ Order No. 733-A, 134 FERC ] 61,127 at P 104.
    \12\ Id.
    \13\ Id. P 107.
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B. NERC Petition and Proposed Standard PRC-026-1

    6. On December 31, 2014, NERC submitted a petition seeking approval 
of proposed Reliability Standard PRC-026-1, as well as the associated 
implementation plan, and violation risk factors and violation severity 
levels.\14\ NERC avers that proposed Reliability Standard PRC-026-1 
satisfies the Order No. 733 directive to develop a new standard that 
requires the use of protective relay systems that can differentiate 
between faults and stable power swings. According to NERC, the proposed 
Reliability Standard sets forth requirements that prevent the 
unnecessary tripping of bulk electric system elements in response to 
stable power swings.\15\ NERC further explains that the identification 
of bulk electric system elements with protection systems at-risk of 
operating as a result of a stable or unstable power swing and 
subsequent review by the applicable generator owner or transmission 
owner ``provides assurance that relays will continue to be secure for 
stable power swings if any changes in system impedance occur.'' \16\
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    \14\ Proposed Reliability Standard PRC-026-1 is available on the 
Commission's eLibrary document retrieval system in Docket No. RM15-
8-000 and on the NERC Web site, www.nerc.com.
    \15\ See NERC Petition at 4.
    \16\ Id.
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    7. According to NERC, the proposed Reliability Standard is 
``directly responsive'' to the Order No. 733 directive that NERC 
develop a standard addressing undesirable relay operation due to stable 
power swings.\17\ NERC explains, however, that the proposed Reliability 
Standard ``includes an alternative to the Commission's approach to 
require `the use of protective relay systems that can differentiate 
between faults and stable power swings and, when necessary, phases out 
protective relay systems that cannot meet this requirement.' '' \18\ 
NERC notes that in Order No. 733-A, the Commission clarified that it 
had not intended ``to prohibit NERC from exercising its technical 
expertise to develop a solution to an identified reliability concern 
that is equally effective and efficient as the one proposed in Order 
No. 733.'' \19\ In support of its alternative solution, NERC states 
that ``it is generally preferable to emphasize dependability over 
security when it is not possible to ensure both for all possible system 
conditions'' and avers that ``[p]rohibiting use of certain types of 
relays, such as those protective relay systems that cannot 
differentiate between faults and stable power swings, may have 
unintended negative outcomes for Bulk-Power System reliability.'' \20\
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    \17\ Id. at 23 (citing Order No. 733, 130 FERC ] 61,221 at P 
153).
    \18\ Id. (quoting Order No. 733, 130 FERC ] 61,221 at P 162).
    \19\ Id. at 11 (citing Order No. 733-A, 134 FERC ] 61,127 at P 
11).
    \20\ Id. at 24.
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    8. Proposed Reliability Standard PRC-026-1 has four requirements 
and two attachments. NERC explains that Attachment A ``provides clarity 
on which load-responsive protective relay functions are applicable'' 
under the standard.\21\ Specifically, Attachment A provides that 
proposed Reliability Standard PRC-026-1 applies to:
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    \21\ Id. at 31.

any protective functions which could trip instantaneously or with a 
time delay of less than 15 cycles on load current (i.e., ``load-
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responsive'') . . . .

    According to NERC, the 15 cycle time delay ``is representative of 
an expected power swing having a slow slip rate of 0.67 Hertz (Hz) and 
is the average time that a stable power swing with that slip rate would 
enter the relays' characteristic, reverse direction, and then exit the 
characteristic before the time delay expired.'' \22\ NERC states that

[[Page 57551]]

the proposed standard does not apply to ``functions that are either 
immune to power swings, block power swings, or prevent non-immune 
protection function operation due to supervision of the function.'' 
\23\ Attachment B contains the criteria for the evaluation of load-
responsive protective relays that are within the scope of proposed 
Reliability Standard PRC-026-1.\24\ According to NERC, Attachment B 
``will reduce the need for simulation by comparing the load-responsive 
protective relay to specific criteria'' set forth in Attachment B.\25\
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    \22\ Id. at 30.
    \23\ Id. at 31.
    \24\ See id. at 35-38.
    \25\ Proposed Reliability Standard PRC-026-1 (Application 
Guidelines) at 15.
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    9. According to NERC, Requirement R1 of the proposed Reliability 
Standard requires the planning coordinator to identify bulk electric 
system elements that meet one or more of four criteria and subsequently 
notify, at least once each calendar year, the respective generator 
owners and transmission owners of the identified at-risk elements.\26\
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    \26\ Id. at 32-33.
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    10. NERC states that, upon such notification, Requirement R2 
obligates the generator owners and transmission owners to determine 
whether the relays applied to the identified bulk electric system 
elements meet the two criteria outlined in Attachment B to proposed 
Reliability Standard PRC-026-1. NERC notes that Requirement R2 requires 
a generator owner or transmission owner to conduct the same analysis 
where the entity becomes aware of a bulk electric system element that 
tripped in response to a stable or unstable power swing due to the 
operations of its protective relay(s), even if the element was not 
previously identified by the planning coordinator.\27\ NERC concludes 
that, based on the ``expected infrequency of Elements tripping in 
response to a stable power swing,'' the evaluation of elements 
identified under Requirement R1 combined with the evaluation of 
elements identified following a known power swing trip ``meet[s] the 
reliability purpose of the proposed Reliability Standard and directive 
in an efficient manner without significant burden to applicable 
entities.'' \28\
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    \27\ NERC Petition at 38. NERC explains that the phrase 
``becoming aware'' is used in Requirement R2 to ``not overburden 
entities by requiring a determination of whether a power swing was 
present for every Element trip'' due to relay operation. Id.
    \28\ Id. at 38-39.
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    11. NERC explains that Requirement R3 requires an applicable 
generator owner or transmission owner to develop a corrective action 
plan for any protective system that does not meet the Attachment B 
criteria. Under the corrective action plan, a generator owner or 
transmission owner is required to modify the relevant protection system 
to meet the Attachment B criteria. Requirement R4 obligates a generator 
owner or transmission owner to implement a corrective action plan 
developed under Requirement R3 and to update the plan when either the 
content of the plan or associated timetables change until the plan has 
been fully executed.
    12. NERC proposes an implementation plan for PRC-026-1 under which 
Requirement R1 is to become effective 12 months after Commission 
approval, and Requirements R2, R3, and R4 become effective 36 months 
after Commission approval.

II. Discussion

    13. Pursuant to section 215(d)(2) of the FPA, we propose to approve 
Reliability Standard PRC-026-1 as just, reasonable, not unduly 
discriminatory or preferential, and in the public interest. We also 
propose to approve NERC's proposed implementation plan, and the 
proposed violation risk factors and violation severity levels. 
Generally, the proposed Reliability Standard appears to adequately 
address the Commission's directive from Order No. 733 by helping to 
prevent the unnecessary tripping of bulk electric system elements in 
response to stable power swings. We propose to accept NERC's approach 
as an equally effective and efficient method to achieve the reliability 
goal underlying the Commission's Order No. 733 directive.
    14. However, we are concerned that NERC's proposed exclusion of 
load responsive relays with a time delay of 15 cycles or greater as 
proposed in Attachment A could result in a gap in reliability. As 
mentioned above, pursuant to Attachment A, the Reliability Standard 
applies to ``any protective functions which could trip instantaneously 
or with a time delay of less than 15 cycles on load current (i.e., 
``load-responsive''). . . .'' NERC provides technical rationale for the 
less than 15 cycle threshold, explaining that load-responsive relays 
set to trip instantaneously or with a ``slight time delay'' are most 
susceptible to power swings.\29\ Nevertheless, while NERC states that 
its proposal meets the Commission's directive in an efficient manner 
without significant burden to applicable entities, NERC has not 
provided any information on the burden of including relays with a time 
delay of 15 cycles or greater under proposed Reliability Standard PRC-
026-1. We believe that the lack of this information is significant in 
light of the fact that an entity would not be required under the 
proposed Reliability Standard to investigate an element identified by a 
Planning Coordinator as potentially susceptible to power swings or 
investigate an element following a known power swing trip if the 
relay(s) involved have a time delay of 15 cycles or greater.
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    \29\ See NERC Petition at 29-30.
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    15. Therefore, we seek comment on the potential burden of modifying 
the applicability of proposed Reliability Standard PRC-026-1 to include 
relays with a time delay of 15 cycles or greater in instances where 
either (1) an element has been identified by a Planning Coordinator as 
potentially susceptible to power swings or (2) an entity becomes aware 
of a bulk electric system element that tripped in response to a stable 
or unstable power swing due to the operation of its protective 
relay(s), even if the element was not previously identified by the 
planning coordinator. Depending on the response, the Commission may 
direct that NERC develop modifications to the proposed Reliability 
Standard.

III. Information Collection Statement

    16. The collection of information contained in this Notice of 
Proposed Rulemaking is subject to review by the Office of Management 
and Budget (OMB) regulations under section 3507(d) of the Paperwork 
Reduction Act of 1995 (PRA).\30\ OMB's regulations require approval of 
certain informational collection requirements imposed by agency 
rules.\31\
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    \30\ 44 U.S.C. 3507(d) (2012).
    \31\ 5 CFR 1320.11.
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    17. Upon approval of a collection(s) of information, OMB will 
assign an OMB control number and an expiration date. Respondents 
subject to the filing requirements of a rule will not be penalized for 
failing to respond to these collections of information unless the 
collections of information display a valid OMB control number.
    18. We solicit comments on the need for this information, whether 
the information will have practical utility, the accuracy of the burden 
estimates, ways to enhance the quality, utility, and clarity of the 
information to be collected or retained, and any suggested methods for 
minimizing respondents' burden, including the use of automated 
information techniques. Specifically, the Commission asks that any 
revised

[[Page 57552]]

burden or cost estimates submitted by commenters be supported by 
sufficient detail to understand how the estimates are generated.
    Public Reporting Burden: The Commission proposes to approve 
Reliability Standard PRC-026-1. Proposed Reliability Standard PRC-026-1 
will impose new requirements for the notification of particular bulk 
electric system elements from planning coordinator to generator owners 
and transmissions owners based on given criteria. Generator owners and 
transmissions owner will evaluate those bulk electric system elements 
and load-responsive protective relay(s) according to Attachment B 
criteria and, if a load-responsive protective relay does not meet the 
Attachment B criteria, the generator owner/transmission owner must 
develop a corrective action plan. Our estimate below regarding the 
number of respondents is based on the NERC Compliance Registry as of 
June 26, 2015. According to the NERC Compliance Registry, NERC has 
registered 318 transmission owners, 884 generator owners, and 68 
planning coordinators. However, under NERC's compliance registration 
program, entities may be registered for multiple functions, so these 
numbers incorporate some double counting. The total number of unique 
entities that may be identified as a notification provider (e.g. 
applicable entity) in accordance with proposed Reliability Standard 
PRC-026-1 will be approximately 1,074 entities registered in the United 
States as a transmission owner and/or generator owner. The total number 
of unique entities that may be identified as evidence retention 
entities (e.g. applicable entity) in accordance with proposed 
Reliability Standard PRC-026-1 will be approximately 1,092 entities 
registered in the United States as a transmission owner, generator 
owner and/or planning coordinator. The Commission estimates the annual 
reporting burden and cost as follows:
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    \32\ The estimates for cost per response are derived using the 
following formula:
    Average Burden Hours per Response * $60.66 per Hour = Average 
Cost per Response. The hourly average of $60.66 assumes equal time 
is spent by the manager, electrical engineer, and information and 
record clerk. The average hourly cost (salary plus benefits) is: 
$37.50 for information and record clerks (occupation code 43-4199), 
$78.04 for a manager (occupation code 11-0000), and $66.45 for an 
electrical engineer (occupation code 17-2071). (The figures are 
taken from the Bureau of Labor Statistics, May 2014 figures at 
http://www.bls.gov/oes/current/naics2_22.htm).
    \33\ The average hourly cost (salary plus benefits) is $37.50. 
The BLS wage category code is 34-4199. This figure is also taken 
from the Bureau of Labor Statistics, May 2014 figures at http://www.bls.gov/oes/current/naics2_22.htm.

                                                                       RM15-8-000
                                            [Mandatory reliability standards: reliability standard PRC-026-1]
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                                                                                                                           Total annual
                                                             Number of     Annual number   Total number   Average burden  burden hours &     Cost per
                                                            respondents    of responses    of responses     & cost per     total annual   respondent ($)
                                                                          per respondent                     response          cost
                                                                     (1)             (2)     (1)*(2)=(3)             (4)     (3)*(4)=(5)         (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notifications to GO/TO per Requirement R1...............           1,074               1           1,074               8           8,592         $845.28
                                                                                                            \32\ $485.28        $521,191
Evidence Retention GO/TO/PC.............................           1,092               1           1,092              12          13,104         $450.00
                                                                                                            \33\ $450.00        $491,400
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............           2,166  ..............          21,696  ..............
                                                                                                                              $1,012,591
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    Title: FERC-725G3, Mandatory Reliability Standards: Reliability 
Standard PRC-026-1.
    Action: Proposed Collection of Information.
    OMB Control No: To Be Determined.
    Respondents: Business or other for-profit and not-for-profit 
institutions.
    Frequency of Responses: One time and on-going.
    Necessity of the Information: The proposed Reliability Standard 
PRC-026-1, if adopted, would implement the Congressional mandate of the 
Energy Policy Act of 2005 to develop mandatory and enforceable 
Reliability Standards to better ensure the reliability of the nation's 
Bulk-Power System. Specifically, the proposal would address undesirable 
relay operation due to power swings.
    19. Internal review: The Commission has reviewed the requirements 
pertaining to the proposed Reliability Standard PRC-026-1 and made a 
determination that the proposed requirements of this standard are 
necessary to implement section 215 of the FPA. These requirements 
conform to the Commission's plan for efficient information collection, 
communication and management within the energy industry. The Commission 
has assured itself, by means of its internal review, that there is 
specific, objective support for the burden estimates associated with 
the information requirements.
    20. Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
Office of the Executive Director, 888 First Street NE., Washington, DC 
20426 [Attention: Ellen Brown, email: [email protected], phone: 
(202) 502-8663, fax: (202) 273-0873].
    21. Comments concerning the information collections proposed in 
this NOPR and the associated burden estimates, should be sent to the 
Commission in this docket and may also be sent to the Office of 
Management and Budget, Office of Information and Regulatory Affairs 
[Attention: Desk Officer for the Federal Energy Regulatory Commission]. 
For security reasons, comments should be sent by email to OMB at the 
following email address: [email protected]. Please reference 
the docket number of this Notice of Proposed Rulemaking (Docket No. 
RM15-8-000) in your submission.

IV. Regulatory Flexibility Act Analysis

    22. The Regulatory Flexibility Act of 1980 (RFA) \34\ generally 
requires a description and analysis of this NOPR that will have 
significant economic impact on a substantial number of small entities. 
Proposed Reliability Standard PRC-026-1 sets forth requirements that 
prevent the unnecessary tripping of bulk

[[Page 57553]]

electric system elements in response to stable power swings. As shown 
in the information collection section, an estimated 1,092 entities are 
expected to evaluate bulk electric system elements and load-responsive 
protective relay(s) according to Attachment B criteria of proposed PRC-
026-1. Comparison of the applicable entities with the Commission's 
small business data indicates that approximately 661 are small entities 
\35\ or 60.53 percent of the respondents affected by proposed 
Reliability Standard PRC-026-1.
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    \34\ 5 U.S.C. 601-12.
    \35\ The Small Business Administration sets the threshold for 
what constitutes a small business. Public utilities may fall under 
one of several different categories, each with a size threshold 
based on the company's number of employees, including affiliates, 
the parent company, and subsidiaries. For the analysis in this NOPR, 
we apply a 500 employee threshold for each affected entity. Each 
entity is classified as Electric Bulk Power Transmission and Control 
(NAICS code 221121).
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    23. As discussed above, proposed Reliability Standard PRC-026-1 
will serve to enhance reliability by imposing mandatory requirements 
governing generator relay loadability, thereby reducing the likelihood 
of premature or unnecessary tripping of generators during system 
disturbances. The Commission estimates that each of the small entities 
to whom the proposed Reliability Standard PRC-026-1 applies will incur 
paperwork and record retention costs of $935.28 per entity (annual 
ongoing).
    24. The Commission does not consider the estimated costs per small 
entity to have a significant economic impact on a substantial number of 
small entities. Accordingly, the Commission certifies that proposed 
Reliability Standard PRC-026-1 will not have a significant economic 
impact on a substantial number of small entities. The Commission seeks 
comment on this certification.

V. Environmental Analysis

    25. 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.\36\ 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.\37\ The actions proposed 
herein fall within this categorical exclusion in the Commission's 
regulations.
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    \36\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, FERC Stats. & Regs., Regulations 
Preambles 1986-1990 ] 30,783 (1987).
    \37\ 18 CFR 380.4(a)(2)(ii) (2015).
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VI. Comment Procedures

    26. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due November 23, 2015. Comments must refer to 
Docket No. RM15-8-000, and must include the commenter's name, the 
organization they represent, if applicable, and address.
    27. 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.
    28. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    29. 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

    30. 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. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    31. 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 of this document, excluding the last three digits, in 
the docket number field.
    32. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

    By direction of the Commission.

    Issued: September 17, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24279 Filed 9-23-15; 8:45 am]
 BILLING CODE 6717-01-P



                                                                     Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules                                                  57549

                                                a signatory of the Common Rule NPR.                      DEPARTMENT OF ENERGY                                    Commission, 888 First Street NE.,
                                                However, through this proposed rule,                                                                             Washington, DC 20426, (301) 665–
                                                the Commission proposes to adopt the                     Federal Energy Regulatory                               1608, kenneth.hubona@ferc.gov.
                                                Common Rule NPR and solicits                             Commission                                            Kevin Ryan (Legal Information), Office
                                                comment on the proposal.                                                                                         of the General Counsel, Federal
                                                                                                         18 CFR Part 40                                          Energy Regulatory Commission, 888
                                                II. CPSC’s Proposed Regulatory Text                                                                              First Street NE., Washington, DC
                                                                                                         [Docket No. RM15–8–000]
                                                                                                                                                                 20426, (202) 502–6840, kevin.ryan@
                                                  CPSC’s current regulations on the
                                                                                                         Relay Performance During Stable                         ferc.gov.
                                                protection of human subjects are the
                                                regulations promulgated by all of the                    Power Swings Reliability Standard
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                departments and agencies subject to the                  AGENCY: Federal Energy Regulatory                       1. Pursuant to section 215 of the
                                                Common Rule, as codified under the                       Commission.                                           Federal Power Act (FPA),1 the
                                                CPSC’s regulations at 16 CFR part 1028.                  ACTION: Notice of proposed rulemaking.                Commission proposes to approve
                                                For the reasons provided in the                                                                                Reliability Standard PRC–026–1 (Relay
                                                Common Rule NPR (80 FR 53933), the                       SUMMARY:    The Federal Energy                        Performance During Stable Power
                                                CPSC would adopt the amended                             Regulatory Commission proposes to                     Swings), submitted by the North
                                                regulatory text provided in the Common                   approve Reliability Standard PRC–026–                 American Electric Reliability
                                                Rule NPR. Because the CPSC follows the                   1 (Relay Performance During Stable                    Corporation (NERC), the Commission-
                                                HHS regulations in 45 CFR part 46,                       Power Swings), submitted by the North                 approved Electric Reliability
                                                subpart A, the CPSC proposes to amend                    American Electric Reliability                         Organization (ERO). The proposed
                                                the Commission regulations at 16 CFR                     Corporation. The proposed Reliability                 Reliability Standard applies to planning
                                                part 1028 to cross-reference the HHS                     Standard is designed to ensure that                   coordinators, as well as generator
                                                                                                         applicable entities use protective relay              owners and transmission owners that
                                                regulations in 45 CFR part 46, subpart
                                                                                                         systems that can differentiate between                apply certain load-responsive protective
                                                A.
                                                                                                         faults and stable power swings. In                    relays in specific, identified
                                                List of Subjects in 16 CFR Part 1028                     addition, the Commission requests                     circumstances, and is designed to
                                                                                                         comment regarding the potential burden                ensure the use of protective relay
                                                  Human research subjects, Reporting                     of modifying the applicability of                     systems that can differentiate between
                                                and recordkeeping requirements,                          proposed Reliability Standard PRC–                    faults and stable power swings. In
                                                Research.                                                026–1 to include relays with a time                   addition, the Commission proposes to
                                                  For the reasons stated in the                          delay of 15 cycles or greater in instances            approve NERC’s proposed
                                                                                                         where either (1) an element has been                  implementation plan, and the assigned
                                                preamble, the Consumer Product Safety
                                                                                                         identified by a Planning Coordinator as               violation risk factors and violation
                                                Commission proposes to revise 16 CFR
                                                                                                         potentially susceptible to power swings               severity levels.
                                                part 1028 to read as follows:
                                                                                                         or (2) an entity becomes aware of a bulk                2. Consistent with directives issued in
                                                PART 1028—PROTECTION OF HUMAN                            electric system element that tripped in               Order No. 733,2 the Commission
                                                                                                         response to a stable or unstable power                proposes to find that the proposed
                                                SUBJECTS
                                                                                                         swing due to the operation of its                     Reliability Standard addresses
                                                Sec.                                                     protective relay(s), even if the element              undesirable relay operation due to
                                                1028.101     Cross-Reference.                            was not previously identified by the                  power swings,3 and provides an equally
                                                                                                         planning coordinator.                                 effective and efficient alternative to the
                                                  Authority: 5 U.S.C. 301; 42 U.S.C. 300v–
                                                                                                         DATES: Comments are due November 23,                  Order No. 733 directive requiring the
                                                1(b).
                                                                                                         2015.                                                 use of protective relay systems that can
                                                PART 1028—PROTECTION OF HUMAN                            ADDRESSES: Comments, identified by                    differentiate between faults and stable
                                                SUBJECTS                                                 docket number, may be filed in the                    power swings and, when necessary,
                                                                                                         following ways:                                       retirement of protective relay systems
                                                § 1028.101       Cross-Reference.                           • Electronic Filing through http://                that cannot meet this requirement.4
                                                                                                         www.ferc.gov. Documents created                       Further, as discussed below, the
                                                  The provisions set forth at 45 CFR                                                                           Commission seeks comment regarding
                                                part 46, subpart A, concerning the                       electronically using word processing
                                                                                                         software should be filed in native                    the potential burden of modifying the
                                                protection of human research subjects,                                                                         applicability of proposed Reliability
                                                apply to all research conducted,                         applications or print-to-PDF format and
                                                                                                         not in a scanned format.                              Standard PRC–026–1 to include relays
                                                supported, or otherwise subject to                                                                             with a time delay of 15 cycles or greater
                                                                                                            • Mail/Hand Delivery: Those unable
                                                regulation by the CPSC.                                                                                        in instances where either (1) an element
                                                                                                         to file electronically may mail or hand-
                                                  Dated: September 21, 2015.                             deliver comments to: Federal Energy                   has been identified by a Planning
                                                Todd A. Stevenson,                                       Regulatory Commission, Secretary of the               Coordinator as potentially susceptible to
                                                                                                         Commission, 888 First Street NE.,                     power swings or (2) an entity becomes
                                                Secretary, Consumer Product Safety
                                                                                                         Washington, DC 20426.                                 aware of a bulk electric system element
                                                Commission.
                                                                                                            Instructions: For detailed instructions            that tripped in response to a stable or
                                                [FR Doc. 2015–24247 Filed 9–23–15; 8:45 am]
                                                                                                         on submitting comments and additional
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                                                BILLING CODE 6355–01–P                                                                                           1 16  U.S.C. 824o (2012).
                                                                                                         information on the rulemaking process,                  2 Transmission   Relay Loadability Reliability
                                                                                                         see the Comment Procedures Section of                 Standard, Order No. 733, 130 FERC ¶ 61,221
                                                                                                         this document.                                        (2010), order on reh’g and clarification, Order No.
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      733–A, 134 FERC ¶ 61,127, order on reh’g and
                                                                                                                                                               clarification, Order No. 733–B, 136 FERC ¶ 61,185
                                                                                                         Kenneth Hubona (Technical                             (2011).
                                                                                                            Information), Office of Electric                     3 Order No. 733, 130 FERC ¶ 61,221 at P 153.

                                                                                                            Reliability, Federal Energy Regulatory               4 Id. P 150.




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                                                57550               Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules

                                                unstable power swing due to the                         undesirable relay operation due to                    swings if any changes in system
                                                operation of its protective relay(s), even              stable power swings.10                                impedance occur.’’ 16
                                                if the element was not previously                          5. On February 17, 2011, in Order No.                 7. According to NERC, the proposed
                                                identified by the planning coordinator.                 733–A, the Commission denied                          Reliability Standard is ‘‘directly
                                                Depending on the response, the                          rehearing of Order No. 733 and clarified              responsive’’ to the Order No. 733
                                                Commission may direct that NERC                         that ‘‘[w]e continue to believe that not              directive that NERC develop a standard
                                                develop modifications to the proposed                   addressing stable power swings                        addressing undesirable relay operation
                                                Reliability Standard.                                   constitutes a gap in the current                      due to stable power swings.17 NERC
                                                                                                        Reliability Standards and must be                     explains, however, that the proposed
                                                I. Background                                                                                                 Reliability Standard ‘‘includes an
                                                                                                        addressed.’’ 11 Therefore, the
                                                A. Mandatory Reliability Standards and                  Commission affirmed the directive that                alternative to the Commission’s
                                                Order No. 733 Directives                                NERC develop a Reliability Standard                   approach to require ‘the use of
                                                                                                        addressing stable power swings.12 The                 protective relay systems that can
                                                  3. Section 215 of the FPA requires a                  Commission also clarified that it did not             differentiate between faults and stable
                                                Commission-certified ERO to develop                     require a Reliability Standard                        power swings and, when necessary,
                                                mandatory and enforceable Reliability                   containing an absolute obligation to                  phases out protective relay systems that
                                                Standards, subject to Commission                        prevent protection relays from operating              cannot meet this requirement.’ ’’ 18
                                                review and approval.5 Pursuant to                       unnecessarily during stable power                     NERC notes that in Order No. 733–A,
                                                section 215 of the FPA, the Commission                  swings or an across-the-board                         the Commission clarified that it had not
                                                established a process to select and                     elimination of all zone 3 relays, but only            intended ‘‘to prohibit NERC from
                                                certify an ERO,6 and subsequently                       the development of a standard that                    exercising its technical expertise to
                                                certified NERC.7                                        addresses protection systems that are                 develop a solution to an identified
                                                                                                        vulnerable to stable power swings                     reliability concern that is equally
                                                  4. On March 18, 2010, in Order No.                                                                          effective and efficient as the one
                                                733, the Commission approved                            (resulting from Category B and Category
                                                                                                                                                              proposed in Order No. 733.’’ 19 In
                                                Reliability Standard PRC–023–1                          C contingencies from the NERC
                                                                                                                                                              support of its alternative solution, NERC
                                                (Transmission Relay Loadability) and                    Planning Standards in place at that
                                                                                                                                                              states that ‘‘it is generally preferable to
                                                directed NERC to develop a new                          time) that will result in inappropriate
                                                                                                                                                              emphasize dependability over security
                                                Reliability Standard that requires the                  tripping.13 In Order No. 733–B, the
                                                                                                                                                              when it is not possible to ensure both
                                                use of protective relay systems that can                Commission denied further clarification
                                                                                                                                                              for all possible system conditions’’ and
                                                differentiate between faults and stable                 regarding the issue.
                                                                                                                                                              avers that ‘‘[p]rohibiting use of certain
                                                power swings and, when necessary,                       B. NERC Petition and Proposed                         types of relays, such as those protective
                                                retirement of protective relay systems                  Standard PRC–026–1                                    relay systems that cannot differentiate
                                                that cannot meet this requirement.8 In                                                                        between faults and stable power swings,
                                                Order No. 733, the Commission cited                        6. On December 31, 2014, NERC                      may have unintended negative
                                                the findings of both NERC and the U.S.-                 submitted a petition seeking approval of              outcomes for Bulk-Power System
                                                Canada Power System Outage Task                         proposed Reliability Standard PRC–                    reliability.’’ 20
                                                Force on the causes of the 2003                         026–1, as well as the associated                         8. Proposed Reliability Standard PRC–
                                                Northeast Blackout, explaining that the                 implementation plan, and violation risk               026–1 has four requirements and two
                                                cascade during this event was                           factors and violation severity levels.14              attachments. NERC explains that
                                                accelerated by zone 2 and zone 3 relays                 NERC avers that proposed Reliability                  Attachment A ‘‘provides clarity on
                                                that continued to operate because these                 Standard PRC–026–1 satisfies the Order                which load-responsive protective relay
                                                devices could not distinguish between a                 No. 733 directive to develop a new                    functions are applicable’’ under the
                                                dynamic, but stable, power swing and                    standard that requires the use of                     standard.21 Specifically, Attachment A
                                                an actual fault.9 The Commission                        protective relay systems that can                     provides that proposed Reliability
                                                recognized that addressing stable power                 differentiate between faults and stable               Standard PRC–026–1 applies to:
                                                swings is a complex issue which                         power swings. According to NERC, the
                                                                                                                                                              any protective functions which could trip
                                                impacted the 2003 Blackout, and yet                     proposed Reliability Standard sets forth              instantaneously or with a time delay of less
                                                there was no Reliability Standard that                  requirements that prevent the                         than 15 cycles on load current (i.e., ‘‘load-
                                                addresses the issue; therefore, the                     unnecessary tripping of bulk electric                 responsive’’) . . . .
                                                Commission directed NERC to develop                     system elements in response to stable
                                                                                                                                                                According to NERC, the 15 cycle time
                                                a Reliability Standard to address                       power swings.15 NERC further explains                 delay ‘‘is representative of an expected
                                                                                                        that the identification of bulk electric              power swing having a slow slip rate of
                                                  5 16   U.S.C. 824(d) and (e).                         system elements with protection                       0.67 Hertz (Hz) and is the average time
                                                  6 Rules   Concerning Certification of the Electric    systems at-risk of operating as a result              that a stable power swing with that slip
                                                Reliability Organization; and Procedures for the        of a stable or unstable power swing and               rate would enter the relays’
                                                Establishment, Approval, and Enforcement of             subsequent review by the applicable
                                                Electric Reliability Standards, Order No. 672, FERC                                                           characteristic, reverse direction, and
                                                Stats. & Regs. ¶ 31,204, order on reh’g, Order No.      generator owner or transmission owner                 then exit the characteristic before the
                                                672–A, FERC Stats. & Regs. ¶ 31,212 (2006).             ‘‘provides assurance that relays will                 time delay expired.’’ 22 NERC states that
                                                   7 North American Electric Reliability Corp., 116     continue to be secure for stable power
                                                FERC ¶ 61,062, order on reh’g and compliance, 117                                                               16 Id.
                                                FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc.
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                                                                                                          10 Id. P 153.                                          17 Id. at 23 (citing Order No. 733, 130 FERC ¶
                                                v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
                                                   8 Order No. 733, 130 FERC ¶ 61,221 at P 150.
                                                                                                          11 Order No. 733–A, 134 FERC ¶ 61,127 at P 104.     61,221 at P 153).
                                                                                                          12 Id.                                                 18 Id. (quoting Order No. 733, 130 FERC ¶ 61,221
                                                   9 Id. PP 3–4, 130 (citing U.S.-Canada Power

                                                System Outage Task Force, Final Report on the
                                                                                                          13 Id. P 107.                                       at P 162).
                                                                                                          14 Proposed Reliability Standard PRC–026–1 is          19 Id. at 11 (citing Order No. 733–A, 134 FERC ¶
                                                August 14, 2003 Blackout in the United States and
                                                Canada: Causes and Recommendations, at 80               available on the Commission’s eLibrary document       61,127 at P 11).
                                                                                                                                                                 20 Id. at 24.
                                                (2004); and August 14, 2003 Blackout: NERC              retrieval system in Docket No. RM15–8–000 and on
                                                Actions to Prevent and Mitigate the Impacts of          the NERC Web site, www.nerc.com.                         21 Id. at 31.

                                                Future Cascading Blackouts, at 13 (2004)).                15 See NERC Petition at 4.                             22 Id. at 30.




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                                                                   Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules                                            57551

                                                the proposed standard does not apply to                 a corrective action plan for any                       provided any information on the burden
                                                ‘‘functions that are either immune to                   protective system that does not meet the               of including relays with a time delay of
                                                power swings, block power swings, or                    Attachment B criteria. Under the                       15 cycles or greater under proposed
                                                prevent non-immune protection                           corrective action plan, a generator                    Reliability Standard PRC–026–1. We
                                                function operation due to supervision of                owner or transmission owner is required                believe that the lack of this information
                                                the function.’’ 23 Attachment B contains                to modify the relevant protection system               is significant in light of the fact that an
                                                the criteria for the evaluation of load-                to meet the Attachment B criteria.                     entity would not be required under the
                                                responsive protective relays that are                   Requirement R4 obligates a generator                   proposed Reliability Standard to
                                                within the scope of proposed Reliability                owner or transmission owner to                         investigate an element identified by a
                                                Standard PRC–026–1.24 According to                      implement a corrective action plan                     Planning Coordinator as potentially
                                                NERC, Attachment B ‘‘will reduce the                    developed under Requirement R3 and to                  susceptible to power swings or
                                                need for simulation by comparing the                    update the plan when either the content                investigate an element following a
                                                load-responsive protective relay to                     of the plan or associated timetables                   known power swing trip if the relay(s)
                                                specific criteria’’ set forth in Attachment             change until the plan has been fully                   involved have a time delay of 15 cycles
                                                B.25                                                    executed.                                              or greater.
                                                   9. According to NERC, Requirement                       12. NERC proposes an                                   15. Therefore, we seek comment on
                                                R1 of the proposed Reliability Standard                 implementation plan for PRC–026–1                      the potential burden of modifying the
                                                requires the planning coordinator to                    under which Requirement R1 is to                       applicability of proposed Reliability
                                                identify bulk electric system elements                  become effective 12 months after                       Standard PRC–026–1 to include relays
                                                that meet one or more of four criteria                  Commission approval, and                               with a time delay of 15 cycles or greater
                                                and subsequently notify, at least once                  Requirements R2, R3, and R4 become                     in instances where either (1) an element
                                                each calendar year, the respective                      effective 36 months after Commission                   has been identified by a Planning
                                                generator owners and transmission                       approval.                                              Coordinator as potentially susceptible to
                                                owners of the identified at-risk                                                                               power swings or (2) an entity becomes
                                                                                                        II. Discussion
                                                elements.26                                                                                                    aware of a bulk electric system element
                                                                                                           13. Pursuant to section 215(d)(2) of                that tripped in response to a stable or
                                                   10. NERC states that, upon such
                                                                                                        the FPA, we propose to approve                         unstable power swing due to the
                                                notification, Requirement R2 obligates
                                                                                                        Reliability Standard PRC–026–1 as just,                operation of its protective relay(s), even
                                                the generator owners and transmission
                                                                                                        reasonable, not unduly discriminatory                  if the element was not previously
                                                owners to determine whether the relays
                                                                                                        or preferential, and in the public                     identified by the planning coordinator.
                                                applied to the identified bulk electric
                                                                                                        interest. We also propose to approve                   Depending on the response, the
                                                system elements meet the two criteria
                                                                                                        NERC’s proposed implementation plan,                   Commission may direct that NERC
                                                outlined in Attachment B to proposed                    and the proposed violation risk factors
                                                Reliability Standard PRC–026–1. NERC                                                                           develop modifications to the proposed
                                                                                                        and violation severity levels. Generally,              Reliability Standard.
                                                notes that Requirement R2 requires a                    the proposed Reliability Standard
                                                generator owner or transmission owner                   appears to adequately address the                      III. Information Collection Statement
                                                to conduct the same analysis where the                  Commission’s directive from Order No.                     16. The collection of information
                                                entity becomes aware of a bulk electric                 733 by helping to prevent the                          contained in this Notice of Proposed
                                                system element that tripped in response                 unnecessary tripping of bulk electric                  Rulemaking is subject to review by the
                                                to a stable or unstable power swing due                 system elements in response to stable                  Office of Management and Budget
                                                to the operations of its protective                     power swings. We propose to accept                     (OMB) regulations under section
                                                relay(s), even if the element was not                   NERC’s approach as an equally effective                3507(d) of the Paperwork Reduction Act
                                                previously identified by the planning                   and efficient method to achieve the                    of 1995 (PRA).30 OMB’s regulations
                                                coordinator.27 NERC concludes that,                     reliability goal underlying the                        require approval of certain
                                                based on the ‘‘expected infrequency of                  Commission’s Order No. 733 directive.                  informational collection requirements
                                                Elements tripping in response to a stable                  14. However, we are concerned that                  imposed by agency rules.31
                                                power swing,’’ the evaluation of                        NERC’s proposed exclusion of load                         17. Upon approval of a collection(s) of
                                                elements identified under Requirement                   responsive relays with a time delay of                 information, OMB will assign an OMB
                                                R1 combined with the evaluation of                      15 cycles or greater as proposed in                    control number and an expiration date.
                                                elements identified following a known                   Attachment A could result in a gap in                  Respondents subject to the filing
                                                power swing trip ‘‘meet[s] the reliability              reliability. As mentioned above,                       requirements of a rule will not be
                                                purpose of the proposed Reliability                     pursuant to Attachment A, the                          penalized for failing to respond to these
                                                Standard and directive in an efficient                  Reliability Standard applies to ‘‘any                  collections of information unless the
                                                manner without significant burden to                    protective functions which could trip                  collections of information display a
                                                applicable entities.’’ 28                               instantaneously or with a time delay of                valid OMB control number.
                                                   11. NERC explains that Requirement                   less than 15 cycles on load current (i.e.,                18. We solicit comments on the need
                                                R3 requires an applicable generator                     ‘‘load-responsive’’). . . .’’ NERC                     for this information, whether the
                                                owner or transmission owner to develop                  provides technical rationale for the less              information will have practical utility,
                                                                                                        than 15 cycle threshold, explaining that               the accuracy of the burden estimates,
                                                  23 Id. at 31.
                                                  24 See
                                                                                                        load-responsive relays set to trip                     ways to enhance the quality, utility, and
                                                          id. at 35–38.
                                                  25 Proposed Reliability Standard PRC–026–1
                                                                                                        instantaneously or with a ‘‘slight time                clarity of the information to be collected
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                                                (Application Guidelines) at 15.                         delay’’ are most susceptible to power                  or retained, and any suggested methods
                                                  26 Id. at 32–33.                                      swings.29 Nevertheless, while NERC                     for minimizing respondents’ burden,
                                                  27 NERC Petition at 38. NERC explains that the        states that its proposal meets the                     including the use of automated
                                                phrase ‘‘becoming aware’’ is used in Requirement        Commission’s directive in an efficient                 information techniques. Specifically,
                                                R2 to ‘‘not overburden entities by requiring a
                                                determination of whether a power swing was
                                                                                                        manner without significant burden to                   the Commission asks that any revised
                                                present for every Element trip’’ due to relay           applicable entities, NERC has not
                                                operation. Id.                                                                                                   30 44   U.S.C. 3507(d) (2012).
                                                  28 Id. at 38–39.                                        29 See   NERC Petition at 29–30.                       31 5   CFR 1320.11.



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                                                57552                     Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules

                                                burden or cost estimates submitted by                                    responsive protective relay does not                               as a notification provider (e.g.
                                                commenters be supported by sufficient                                    meet the Attachment B criteria, the                                applicable entity) in accordance with
                                                detail to understand how the estimates                                   generator owner/transmission owner                                 proposed Reliability Standard PRC–
                                                are generated.                                                           must develop a corrective action plan.                             026–1 will be approximately 1,074
                                                   Public Reporting Burden: The                                          Our estimate below regarding the                                   entities registered in the United States
                                                Commission proposes to approve                                           number of respondents is based on the                              as a transmission owner and/or
                                                Reliability Standard PRC–026–1.                                          NERC Compliance Registry as of June                                generator owner. The total number of
                                                Proposed Reliability Standard PRC–                                       26, 2015. According to the NERC                                    unique entities that may be identified as
                                                026–1 will impose new requirements for
                                                                                                                         Compliance Registry, NERC has                                      evidence retention entities (e.g.
                                                the notification of particular bulk
                                                                                                                         registered 318 transmission owners, 884                            applicable entity) in accordance with
                                                electric system elements from planning
                                                coordinator to generator owners and                                      generator owners, and 68 planning                                  proposed Reliability Standard PRC–
                                                transmissions owners based on given                                      coordinators. However, under NERC’s                                026–1 will be approximately 1,092
                                                criteria. Generator owners and                                           compliance registration program,                                   entities registered in the United States
                                                transmissions owner will evaluate those                                  entities may be registered for multiple                            as a transmission owner, generator
                                                bulk electric system elements and load-                                  functions, so these numbers incorporate                            owner and/or planning coordinator. The
                                                responsive protective relay(s) according                                 some double counting. The total number                             Commission estimates the annual
                                                to Attachment B criteria and, if a load-                                 of unique entities that may be identified                          reporting burden and cost as follows:

                                                                                                                                                RM15–8–000
                                                                                                            [Mandatory reliability standards: reliability standard PRC–026–1]

                                                                                                                                                Annual                                                             Total annual
                                                                                                                                                                                          Average                                      Cost per
                                                                                                                   Number of                   number of               Total number                                burden hours
                                                                                                                                                                                        burden & cost                                 respondent
                                                                                                                  respondents               responses per              of responses                                & total annual
                                                                                                                                                                                        per response                                      ($)
                                                                                                                                              respondent                                                                cost

                                                                                                                          (1)                        (2)                (1)*(2)=(3)              (4)                (3)*(4)=(5)           (5)÷(1)

                                                Notifications to GO/TO per Requirement
                                                 R1 .........................................................                   1,074                            1              1,074                        8             8,592              $845.28
                                                                                                                                                                                               32 $485.28               $521,191
                                                Evidence Retention GO/TO/PC ...............                                     1,092                             1             1,092                       12            13,104               $450.00
                                                                                                                                                                                               33 $450.00               $491,400

                                                      Total ..................................................   ........................   ........................            2,166   ........................          21,696    ........................
                                                                                                                                                                                                                      $1,012,591



                                                  Title: FERC–725G3, Mandatory                                           determination that the proposed                                    estimates, should be sent to the
                                                Reliability Standards: Reliability                                       requirements of this standard are                                  Commission in this docket and may also
                                                Standard PRC–026–1.                                                      necessary to implement section 215 of                              be sent to the Office of Management and
                                                  Action: Proposed Collection of                                         the FPA. These requirements conform to                             Budget, Office of Information and
                                                Information.                                                             the Commission’s plan for efficient                                Regulatory Affairs [Attention: Desk
                                                  OMB Control No: To Be Determined.                                      information collection, communication                              Officer for the Federal Energy
                                                  Respondents: Business or other for-                                    and management within the energy                                   Regulatory Commission]. For security
                                                profit and not-for-profit institutions.                                  industry. The Commission has assured                               reasons, comments should be sent by
                                                  Frequency of Responses: One time                                       itself, by means of its internal review,                           email to OMB at the following email
                                                and on-going.                                                            that there is specific, objective support                          address: oira_submission@omb.eop.gov.
                                                  Necessity of the Information: The                                      for the burden estimates associated with                           Please reference the docket number of
                                                proposed Reliability Standard PRC–                                       the information requirements.                                      this Notice of Proposed Rulemaking
                                                026–1, if adopted, would implement the
                                                                                                                            20. Interested persons may obtain                               (Docket No. RM15–8–000) in your
                                                Congressional mandate of the Energy
                                                Policy Act of 2005 to develop                                            information on the reporting                                       submission.
                                                mandatory and enforceable Reliability                                    requirements by contacting the Federal
                                                                                                                                                                                            IV. Regulatory Flexibility Act Analysis
                                                Standards to better ensure the reliability                               Energy Regulatory Commission, Office
                                                of the nation’s Bulk-Power System.                                       of the Executive Director, 888 First                                 22. The Regulatory Flexibility Act of
                                                Specifically, the proposal would                                         Street NE., Washington, DC 20426                                   1980 (RFA) 34 generally requires a
                                                address undesirable relay operation due                                  [Attention: Ellen Brown, email:                                    description and analysis of this NOPR
                                                to power swings.                                                         DataClearance@ferc.gov, phone: (202)                               that will have significant economic
                                                  19. Internal review: The Commission                                    502–8663, fax: (202) 273–0873].                                    impact on a substantial number of small
                                                has reviewed the requirements                                               21. Comments concerning the                                     entities. Proposed Reliability Standard
                                                pertaining to the proposed Reliability                                   information collections proposed in this                           PRC–026–1 sets forth requirements that
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                                                Standard PRC–026–1 and made a                                            NOPR and the associated burden                                     prevent the unnecessary tripping of bulk
                                                  32 The estimates for cost per response are derived                     plus benefits) is: $37.50 for information and record                  33 The average hourly cost (salary plus benefits)

                                                using the following formula:                                             clerks (occupation code 43–4199), $78.04 for a                     is $37.50. The BLS wage category code is 34–4199.
                                                  Average Burden Hours per Response * $60.66 per                         manager (occupation code 11–0000), and $66.45 for                  This figure is also taken from the Bureau of Labor
                                                Hour = Average Cost per Response. The hourly                             an electrical engineer (occupation code 17–2071).                  Statistics, May 2014 figures at http://www.bls.gov/
                                                average of $60.66 assumes equal time is spent by                         (The figures are taken from the Bureau of Labor                    oes/current/naics2_22.htm.
                                                the manager, electrical engineer, and information                        Statistics, May 2014 figures at http://www.bls.gov/                   34 5 U.S.C. 601–12.
                                                and record clerk. The average hourly cost (salary                        oes/current/naics2_22.htm).



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                                                                    Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules                                               57553

                                                electric system elements in response to                 actions proposed herein fall within this              during normal business hours from the
                                                stable power swings. As shown in the                    categorical exclusion in the                          Commission’s Online Support at 202–
                                                information collection section, an                      Commission’s regulations.                             502–6652 (toll free at 1–866–208–3676)
                                                estimated 1,092 entities are expected to                                                                      or email at ferconlinesupport@ferc.gov,
                                                                                                        VI. Comment Procedures
                                                evaluate bulk electric system elements                                                                        or the Public Reference Room at (202)
                                                and load-responsive protective relay(s)                    26. The Commission invites interested              502–8371, TTY (202) 502–8659. Email
                                                according to Attachment B criteria of                   persons to submit comments on the                     the Public Reference Room at
                                                proposed PRC–026–1. Comparison of                       matters and issues proposed in this                   public.referenceroom@ferc.gov.
                                                the applicable entities with the                        notice to be adopted, including any
                                                                                                                                                                By direction of the Commission.
                                                Commission’s small business data                        related matters or alternative proposals
                                                                                                        that commenters may wish to discuss.                    Issued: September 17, 2015.
                                                indicates that approximately 661 are
                                                small entities 35 or 60.53 percent of the               Comments are due November 23, 2015.                   Nathaniel J. Davis, Sr.,
                                                respondents affected by proposed                        Comments must refer to Docket No.                     Deputy Secretary.
                                                Reliability Standard PRC–026–1.                         RM15–8–000, and must include the                      [FR Doc. 2015–24279 Filed 9–23–15; 8:45 am]
                                                  23. As discussed above, proposed                      commenter’s name, the organization                    BILLING CODE 6717–01–P
                                                Reliability Standard PRC–026–1 will                     they represent, if applicable, and
                                                serve to enhance reliability by imposing                address.
                                                mandatory requirements governing                           27. The Commission encourages                      INTERNATIONAL TRADE
                                                generator relay loadability, thereby                    comments to be filed electronically via               COMMISSION
                                                reducing the likelihood of premature or                 the eFiling link on the Commission’s
                                                unnecessary tripping of generators                      Web site at http://www.ferc.gov. The                  19 CFR Parts 201 and 210
                                                during system disturbances. The                         Commission accepts most standard
                                                Commission estimates that each of the                   word processing formats. Documents                    Rules of General Application,
                                                small entities to whom the proposed                     created electronically using word                     Adjudication and Enforcement
                                                Reliability Standard PRC–026–1 applies                  processing software should be filed in                AGENCY: International Trade
                                                will incur paperwork and record                         native applications or print-to-PDF                   Commission.
                                                retention costs of $935.28 per entity                   format and not in a scanned format.
                                                                                                                                                              ACTION: Notice of proposed rulemaking.
                                                (annual ongoing).                                       Commenters filing electronically do not
                                                  24. The Commission does not                           need to make a paper filing.                          SUMMARY:   The United States
                                                consider the estimated costs per small                     28. Commenters that are not able to                International Trade Commission
                                                entity to have a significant economic                   file comments electronically must send                (‘‘Commission’’) proposes to amend its
                                                impact on a substantial number of small                 an original of their comments to:                     Rules of Practice and Procedure
                                                entities. Accordingly, the Commission                   Federal Energy Regulatory Commission,                 concerning rules of general application,
                                                certifies that proposed Reliability                     Secretary of the Commission, 888 First                adjudication, and enforcement. The
                                                Standard PRC–026–1 will not have a                      Street NE., Washington, DC 20426.                     amendments are necessary to make
                                                significant economic impact on a                           29. All comments will be placed in                 certain technical corrections, to clarify
                                                substantial number of small entities.                   the Commission’s public files and may                 certain provisions, to harmonize
                                                The Commission seeks comment on this                    be viewed, printed, or downloaded                     different parts of the Commission’s
                                                certification.                                          remotely as described in the Document                 rules, and to address concerns that have
                                                V. Environmental Analysis                               Availability section below. Commenters                arisen in Commission practice. The
                                                                                                        on this proposal are not required to                  intended effect of the proposed
                                                   25. The Commission is required to                    serve copies of their comments on other
                                                prepare an Environmental Assessment                                                                           amendments is to facilitate compliance
                                                                                                        commenters.                                           with the Commission’s Rules and
                                                or an Environmental Impact Statement
                                                for any action that may have a                          VII. Document Availability                            improve the administration of agency
                                                significant adverse effect on the human                                                                       proceedings.
                                                                                                          30. In addition to publishing the full
                                                environment.36 The Commission has                       text of this document in the Federal                  DATES:  To be assured of consideration,
                                                categorically excluded certain actions                  Register, the Commission provides all                 written comments must be received by
                                                from this requirement as not having a                   interested persons an opportunity to                  5:15 p.m. November 23, 2015.
                                                significant effect on the human                         view and/or print the contents of this                ADDRESSES: You may submit comments,
                                                environment. Included in the exclusion                  document via the Internet through the                 identified by docket number MISC–045,
                                                are rules that are clarifying, corrective,              Commission’s Home Page (http://                       by any of the following methods:
                                                or procedural or that do not                            www.ferc.gov) and in the Commission’s                 —Federal eRulemaking Portal: http://
                                                substantially change the effect of the                  Public Reference Room during normal                     www.regulations.gov. Follow the
                                                regulations being amended.37 The                        business hours (8:30 a.m. to 5 p.m.                     instructions for submitting comments.
                                                                                                        Eastern time) at 888 First Street NE.,                —Agency Web site: http://
                                                  35 The Small Business Administration sets the
                                                                                                        Room 2A, Washington, DC 20426.                          www.usitc.gov. Follow the
                                                threshold for what constitutes a small business.
                                                Public utilities may fall under one of several
                                                                                                          31. From the Commission’s Home                        instructions for submitting comments
                                                different categories, each with a size threshold        Page on the Internet, this information is               on the Web site at http://
                                                based on the company’s number of employees,             available on eLibrary. The full text of                 www.usitc.gov/secretary/edis.htm.
                                                including affiliates, the parent company, and           this document is available on eLibrary                —Email: megan.valentine@usitc.gov.
                                                subsidiaries. For the analysis in this NOPR, we
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                                                apply a 500 employee threshold for each affected        in PDF and Microsoft Word format for                    Include docket number MISC–045 in
                                                entity. Each entity is classified as Electric Bulk      viewing, printing, and/or downloading.                  the subject line of the message.
                                                Power Transmission and Control (NAICS code              To access this document in eLibrary,                  —Mail: For paper submission. U.S.
                                                221121).                                                type the docket number of this                          International Trade Commission, 500
                                                  36 Regulations Implementing the National
                                                                                                        document, excluding the last three                      E Street SW., Room 112, Washington,
                                                Environmental Policy Act of 1969, Order No. 486,
                                                FERC Stats. & Regs., Regulations Preambles 1986–        digits, in the docket number field.                     DC 20436.
                                                1990 ¶ 30,783 (1987).                                     32. User assistance is available for                —Hand Delivery/Courier: U.S.
                                                  37 18 CFR 380.4(a)(2)(ii) (2015).                     eLibrary and the Commission’s Web site                  International Trade Commission, 500


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Document Created: 2018-02-26 10:17:48
Document Modified: 2018-02-26 10:17:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments are due November 23, 2015.
ContactKenneth Hubona (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (301) 665-1608, [email protected] Kevin Ryan (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6840, [email protected]
FR Citation80 FR 57549 

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