80 FR 58405 - Availability of Certain North American Electric Reliability Corporation Databases to the Commission
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 80, Issue 188 (September 29, 2015)
Federal Energy Regulatory Commission
Federal Register Volume 80, Issue 188 (September 29, 2015)
| Page Range | 58405-58410 | |
| FR Document | 2015-24282 |
[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)] [Proposed Rules] [Pages 58405-58410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24282] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 39 [Docket No. RM15-25-000] Availability of Certain North American Electric Reliability Corporation Databases to the Commission AGENCY: Federal Energy Regulatory Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes to amend its regulations to require the North American Electric Reliability Corporation (NERC) to provide the Commission, and Commission staff, with access, on a non-public and ongoing basis, to certain databases compiled and maintained by NERC. The Commission's proposal applies to the following NERC databases: The Transmission Availability Data System, the Generating Availability Data System, and the protection system misoperations database. Access to these databases, which will be limited to data regarding U.S. facilities, will provide the Commission with information necessary to determine the need for new or modified Reliability Standards and to better understand NERC's periodic reliability and adequacy assessments. DATES: Comments are due November 30, 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: Raymond Orocco-John (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-6593, [email protected]. Matthew Vlissides (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-8408, [email protected]. SUPPLEMENTARY INFORMATION: 1. The Commission proposes to amend its regulations, pursuant to section 215 of the Federal Power Act (FPA), to require the North American Electric Reliability Corporation (NERC), the Commission- certified Electric Reliability Organization (ERO), to provide the Commission, and Commission staff, with access (i.e., view and download data), on a non-public and ongoing basis, to certain databases compiled and maintained by NERC. The Commission's proposal applies to the following three NERC databases: (1) The Transmission Availability Data System (TADS), (2) the Generating Availability Data System (GADS), and (3) the protection system misoperations database. Access to these databases, which will be limited to data regarding U.S. facilities, will provide the Commission with information necessary for the Commission to determine the need for new or modified Reliability Standards and to better understand NERC's periodic reliability and adequacy assessments. I. Background A. Section 215 and Order No. 672 1. 2. Section 215 of the FPA requires the ERO to develop mandatory and enforceable Reliability Standards, subject to Commission review and approval. Reliability Standards may be enforced by NERC, subject to Commission oversight, or by the Commission independently.\1\ In addition, section 215(g) of the FPA requires the ERO to conduct periodic assessments of the reliability and adequacy of the Bulk-Power System in North America.\2\ Pursuant to section 215 of the FPA, the Commission established a process to select and certify an ERO,\3\ and subsequently certified NERC.\4\ --------------------------------------------------------------------------- \1\ 16 U.S.C. 824o(e). \2\ Id. 824o(g). \3\ 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). \4\ 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). --------------------------------------------------------------------------- 3. Section 39.2(d) of the Commission's regulations requires NERC and each Regional Entity to ``provide the Commission such information as is necessary to implement section 215 of [[Page 58406]] the Federal Power Act.'' \5\ Section 39.2(d) of the Commission's regulations also requires each user, owner and operator of the Bulk- Power System within the United States (other than Alaska and Hawaii) to provide the Commission, NERC and each applicable Regional Entity with ``such information as is necessary to implement section 215 of the Federal Power Act as determined by the Commission and set out in the Rules of the Electric Reliability Organization and each applicable Regional Entity.'' \6\ --------------------------------------------------------------------------- \5\ 18 CFR 39.2(d). \6\ Id. --------------------------------------------------------------------------- 4. The Commission promulgated section 39.2(d) of its regulations in Order No. 672.\7\ The Commission explained in Order No. 672 that: --------------------------------------------------------------------------- \7\ Order No. 672, FERC Stats. & Regs. ] 31,204 at P 114. The Commission agrees . . . that, to fulfill its obligations under this Final Rule, the ERO or a Regional Entity will need access to certain data from users, owners and operators of the Bulk-Power System. Further, the Commission will need access to such information as is necessary to fulfill its oversight and enforcement roles under the statute.\8\ --------------------------------------------------------------------------- \8\ Id. --------------------------------------------------------------------------- B. NERC Databases 5. NERC conducts ongoing data collections from registered entities to populate databases for transmission outages through TADS, generation outages through GADS, and protection system misoperations through NERC's protection system misoperations database. Each of these NERC databases is discussed below. 1. TADS Database 6. NERC began collecting TADS data on a mandatory basis in 2007 by issuing a Phase I data request pursuant to section 1600 of the NERC Rules of Procedure.\9\ The request required that, beginning in January 2008, applicable entities provide certain data for the TADS database based on a common template.\10\ In 2010, NERC began collecting Phase II TADS data, which include additional fields of information on transmission outages.\11\ --------------------------------------------------------------------------- \9\ See generally NERC, Summary of Phase I TADS Data Collection (November 9, 2007), available at http://www.nerc.com/pa/RAPA/tads/TADSTF%20Archives%20DL/TADS_Data_Request_Summary.pdf. \10\ See generally NERC, Transmission Availability Data System (TADS) Data Reporting Instruction Manual (November 20, 2007), available at http://www.nerc.com/comm/PC/Transmission%20Availability%20Data%20System%20Working%20Grou/TADSTF%20Archives/Data_Reporting_Instr_Manual_11_20_07.pdf. \11\ See generally NERC, Transmission Availability Data System Phase II Final Report (September 11, 2008), available at http://www.nerc.com/pa/RAPA/tads/TransmissionAvailabilityDataSyatemRF/TADS_Phase_II_Final_Report_091108.pdf. --------------------------------------------------------------------------- 7. Currently, the TADS database compiles transmission outage data in a common format for: (1) Bulk electric system AC circuits (overhead and underground); (2) transmission transformers (except generator step- up units); (3) bulk electric system AC/DC back-to-back converters; and (4) bulk electric system DC circuits.\12\ The TADS data collection template includes the following information fields: (1) Type of facilities, (2) outage start time and duration, (3) event type, (4) initiating cause code, and (5) sustained cause code (for sustained outages).\13\ ``Cause codes'' for common causes of transmission outages include: (1) Lightning, (2) fire, (3) vandalism, (4) failed equipment (with multiple sub-listings), (5) vegetation, and (6) ``unknown.'' \14\ There were 10,787 TADS events between 2012 and 2014.\15\ --------------------------------------------------------------------------- \12\ See NERC TADS Home Page, available at http://www.nerc.com/pa/RAPA/tads/Pages/default.aspx. \13\ See Transmission Availability Data System (TADS) Data Reporting Instruction Manual (August 1, 2014), available at http://www.nerc.com/pa/RAPA/tads/Documents/2015_TADS_DRI.pdf. \14\ See Transmission Availability Data System Definitions (August 1, 2014), available at http://www.nerc.com/pa/RAPA/tads/Documents/2015_TADS_Appendix_7.pdf. \15\ See, e.g., NERC, State of Reliability 2015, Appendix A (Statistical Analysis for Risk Issue Identification and Transmission Outage Severity Analysis) at 86 (May 2015), available at http://www.nerc.com/pa/RAPA/PA/Performance%20Analysis%20DL/2015%20State%20of%20Reliability.pdf. --------------------------------------------------------------------------- 8. NERC uses TADS data to develop transmission metrics to analyze outage frequency, duration, causes, and other factors related to transmission outages.\16\ NERC also provides individual transmission owners with TADS metrics for their facilities.\17\ NERC issues an annual public report based on TADS data that shows aggregate metrics for each NERC Region, with the underlying data typically accorded confidential treatment.\18\ --------------------------------------------------------------------------- \16\ See NERC TADS Home Page. \17\ Id. \18\ Id. --------------------------------------------------------------------------- 2. GADS Database 9. The collection of GADS data has been mandatory since 2012, pursuant to a data request issued in accordance with section 1600 of the NERC Rules of Procedure.\19\ The GADS database collects, records, and retrieves operating information on power plant availability, including event, performance, and design data.\20\ GADS data are used to support equipment reliability and availability analyses, as well as benchmarking studies.\21\ --------------------------------------------------------------------------- \19\ See NERC, Generating Availability Data System Mandatory Reporting of Conventional Generation Performance Data at 2 (July 2011), available at http://www.nerc.com/pa/RAPA/gads/MandatoryGADS/Revised_Final_Draft_GADSTF_Recommendation_Report.pdf; see also NERC GADS Home Page, available at http://www.nerc.com/pa/RAPA/gads/Pages/default.aspx. \20\ See NERC GADS Home Page. \21\ Id. --------------------------------------------------------------------------- 10. Currently, GADS collects outage data pertaining to ten types of conventional generating units with capacity of 20 MW and larger, including: (1) Fossil steam including fluidized bed design; (2) nuclear; (3) gas turbines/jet engines; (4) internal combustion engines (diesel engines); (5) hydro units/pumped storage; (6) combined cycle blocks and their related components; (7) cogeneration blocks and their related components; (8) multi-boiler/multi-turbine units; (9) geothermal units; and (10) other miscellaneous conventional generating units (e.g., biomass, landfill gases).\22\ The GADS data collection template includes the following design, event, and performance information: (1) Design records, (2) event records and (3) performance records.\23\ Design records refer to the characteristics of each unit such as GADS utility code, GADS unit code, NERC Regional Entity where the unit is located, name of the unit, commercial operating date, and type of generating unit (fossil, combined cycle, etc.).\24\ Event records include information about when and to what extent the generating unit could not generate power.\25\ Performance records refer to monthly generation, unit-attempted starts, actual starts, summary event outage information, and fuels.\26\ NERC has developed ``cause codes'' for the identification of common causes of unit outages based on the type of generating unit.\27\ For example, the cause codes section for fossil steam units includes codes for the boiler, steam turbine, generator, balance of plant, pollution control equipment, external, regulatory, safety and environmental, personnel errors, and performance testing.\28\ For 2011-2013, [[Page 58407]] the GADS database contains data from more than 5,000 units.\29\ --------------------------------------------------------------------------- \22\ Generating Availability Data System Mandatory Reporting of Conventional Generation Performance Data at 15. \23\ Id., Appendix V (Rules of Procedure Section 1600 Justification) at 35. \24\ Id. \25\ Id. \26\ Id. \27\ NERC, Generating Availability Data System Data Reporting Instructions (January1, 2015), Appendix B (Index to System/Component Cause Codes) at 1, available at http://www.nerc.com/pa/RAPA/gads/DataReportingInstructions/Appendix_B1_Fossil_Steam_Unit_Cause_Codes.pdf. \28\ Id. \29\ State of Reliability 2015, Appendix B (Analysis of Generation Data) at 107. --------------------------------------------------------------------------- 11. NERC uses GADS data to measure generation reliability and publishes aggregate performance metrics for each NERC Region in publicly available annual state of reliability and reliability assessment reports.\30\ The underlying data are typically accorded confidential treatment. --------------------------------------------------------------------------- \30\ See, e.g., id., Appendix B (Analysis of Generation Data). --------------------------------------------------------------------------- 3. Protection System Misoperations Database 12. Protection system misoperations data have been reported by transmission owners, generator owners and distribution providers on a mandatory basis since 2011 pursuant to Reliability Standard PRC- 004.\31\ Following implementation of Reliability Standard PRC-004-4, the obligation to report misoperation data will be made mandatory through a data request pursuant to section 1600 of the NERC Rules of Procedure.\32\ --------------------------------------------------------------------------- \31\ The Commission approved Reliability Standard PRC-004-1 (Analysis and Reporting of Transmission Protection System Misoperations) in Order No. 693. Mandatory Reliability Standards for the Bulk-Power System, Order No. 693, FERC Stats. & Regs. ] 31,242, at PP 1467-1469, order on reh'g, Order No. 693-A, 120 FERC ] 61,053 (2007). The Commission subsequently approved the following revisions and interpretations to Reliability Standard PRC-004, which was renamed Analysis and Mitigation of Transmission and Generation Protection System Misoperations: Reliability Standards PRC-004-1a, PRC-004-2, PRC-004-2a, PRC-004-2.1a, PRC-004-2.1(i)a, PRC-004-3, and PRC-004-4. See North American Electric Reliability Corporation, 136 FERC ] 61,208 (2011) (approving interpretation resulting in Reliability Standard PRC-004-1a and Reliability Standard PRC-004- 2a); North American Electric Reliability Corp., 134 FERC ] 61,015 (2011) (approving Reliability Standard PRC-004-2); Generator Requirements at the Transmission Interface, Order No. 785, 144 FERC ] 61,221 (2012) (approving Reliability Standard PRC-004-2.1a); North American Electric Reliability Corp., 151 FERC ] 61,129 (2015) (approving Reliability Standard PRC-004-3); North American Electric Reliability Corporation, 151 FERC ] 61,186 (2015) (approving Reliability Standards PRC-004-2.1(i)a and PRC-004-4). \32\ See generally NERC, Request for Data or Information Protection System Misoperation Data Collection (August 14, 2014), available at http://www.nerc.com/pa/RAPA/ProctectionSystemMisoperations/PRC-004-3%20Section%201600%20Data%20Request_20140729.pdf. Reliability Standard PRC-004-4 will become enforceable on July 1, 2016. --------------------------------------------------------------------------- 13. Currently, the protection system misoperations database collects more than 20 fields for a reportable misoperation event, including: (1) Misoperation date; (2) event description; (3) protection systems/components that misoperated; (4) equipment removed from service (permanently or temporarily) as the result of the misoperation; (5) misoperation category; and (6) cause(s) of misoperation.\33\ For 2014, the protection system misoperations database contains information on approximately 2,000 misoperation events.\34\ --------------------------------------------------------------------------- \33\ Id. at 13-14; see also NERC, Protection System Misoperations Home Page, available at http://www.nerc.com/pa/RAPA/ri/Pages/ProtectionSystemMisoperations.aspx. \34\ State of Reliability 2015 at 47. --------------------------------------------------------------------------- 14. Protection system misoperations have exacerbated the severity of most cascading power outages, having played a significant role in the August 14, 2003 Northeast blackout, for example.\35\ NERC uses protection system misoperations data to assess protection system performance and trends in protection system performance that may negatively impact reliability.\36\ NERC publishes aggregate misoperation information for each NERC Region in annual public state of reliability reports, with the underlying data typically being accorded confidential treatment.\37\ --------------------------------------------------------------------------- \35\ See Request for Data or Information Protection System Misoperation Data Collection at 5. \36\ See id. at 14. \37\ See, e.g., State of Reliability 2015 at 45-48. --------------------------------------------------------------------------- II. Discussion 15. The Commission proposes to amend the Commission's regulations to require NERC to provide the Commission, and Commission staff, with access (i.e., view and download data), on an ongoing and non-public basis, to the TADS, GADS, and protection system misoperations databases. As discussed below, the Commission believes that access to these three NERC databases, which will be limited to data regarding U.S. facilities, is necessary to carry out the Commission's obligations under section 215 of the FPA. 16. Under section 215 of the FPA, the Commission has jurisdiction over, and is responsible for oversight of, the activities and functions of the ERO and Regional Entities in the United States.\38\ The development and maintenance of NERC databases such as TADS, GADS, and protection system misoperations are section 215 jurisdictional activities.\39\ As explained in Order No. 672, access to relevant information, such as the information sought through this proposal, allows the Commission to fulfill its statutory obligations under section 215 of the FPA.\40\ The Commission's proposed regulation would require the three NERC databases (i.e., the TADS, GADS, and protection system misoperations databases) to be made available to the Commission on a non-public and ongoing basis. This proposal comports with our authority because, as discussed below, access to the NERC databases is necessary to implement section 215. Furthermore, the Commission's proposal is consistent with section 39.2(d) of the Commission's regulations because that provision already requires the ERO and Regional Entities to ``provide the Commission such information as is necessary to implement section 215 of the Federal Power Act.'' \41\ --------------------------------------------------------------------------- \38\ 16 U.S.C. 824o(b) (``The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission . . . any regional entities, and all users, owners and operators of the bulk-power-system . . . for purposes of approving reliability standards established under this section and enforcing compliance with this section.''). \39\ See North American Electric Reliability Corp., 143 FERC ] 61,052, at P 41 (2013) (addressing statutory funding for NERC's periodic assessments and monitoring of the Bulk-Power System); see also North American Electric Reliability Corp., 149 FERC ] 61,028, at P 14 (2014) (approving FPA section 215 funding for NERC Reliability Assessment and Performance Analysis program (RAPA) as part of NERC's 2015 business plan and budget filing); see also NERC, Petition for Approval of 2015 Business Plan and Budget, Docket No. RR14-6-000, at 50-51 (filed Aug. 22, 2014) (identifying TADS, GADS and protection system misoperations as major activities of NERC's RAPA program). \40\ Order No. 672, FERC Stats. & Regs. ] 31,204 at P 114. Cf. North American Electric Reliability Corp., 120 FERC ] 61,239, at P 12 (2007) (directing NERC to provide the Commission with advance copies of ``NERC alerts'' on an informational basis to ``allow the Commission to monitor for potential inconsistencies with the Reliability Standards and may inform the Commission where modifications to existing Reliability Standards or new Reliability Standards may be necessary''). \41\ 18 CFR 39.2(d). --------------------------------------------------------------------------- 17. Access to data collected by NERC in the TADS, GADS, and protection system misoperations databases regarding U.S. facilities is necessary to carry out the Commission's statutory authority: (1) To evaluate the need to direct new or modified Reliability Standards under section 215(d)(5) of the FPA; and (2) to better understand NERC's periodic assessments and reports, including those that may be requested by the Commission, regarding the reliability and adequacy of the Bulk- Power System under section 215(g) of the FPA. 18. First, the proposed access would inform the Commission more quickly, directly and comprehensively about reliability trends or reliability gaps that might require the Commission to direct the ERO to develop new or modified Reliability Standards. Pursuant to section 215(d) of the FPA, the Commission has the responsibility of acting on proposed Reliability Standards developed by the ERO. In addition, as set forth in section 215(d)(5) of the FPA, the Commission has authority to direct the ERO ``to submit to the Commission a proposed [[Page 58408]] reliability standard or modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standards appropriate to carry out [section 215].'' \42\ Therefore, with respect to the development of new Reliability Standards or modification of existing Reliability Standards, section 215(d) of the FPA tasks both the Commission and the ERO (i.e., NERC) with the responsibility to monitor reliability trends or reliability gaps that might warrant the development or modification of a Reliability Standard. As discussed below, the data contained in the TADS, GADS, and protection systems misoperations databases provide insights regarding reliability performance that bear on whether existing Reliability Standards are effective; whether they require modification; or whether new Reliability Standards should be developed. However, currently the Commission does not have access to these databases, which are maintained by NERC to support its Reliability Standards work pursuant to section 215(d), and we find it appropriate that the Commission also have access to them to support the Commission's assessment of the effectiveness of existing Reliability Standards. --------------------------------------------------------------------------- \42\ 16 U.S.C. 824o(d)(5). --------------------------------------------------------------------------- 19. The TADS, GADS, and protection system misoperations databases include important information regarding the need for new or modified Reliability Standards. For example, in describing the importance of mandatory TADS data collection, NERC stated that: Whether a new standard is needed or whether an existing standard needs to be modified, sound data is needed for this purpose. TADS data is intended to provide a basis for standards.\43\ --------------------------------------------------------------------------- \43\ Summary of Phase I TADS Data Collection at 1. Similarly, in justifying the need for mandatory GADS data reporting, NERC stated that GADS data ``is used to calculate important performance statistics and supports bulk power trend analysis by providing information on forced outages, maintenance outages, planned outages, and deratings . . . [the] GADS database is vital to support NERC in its assessment of bulk power system reliability.'' \44\ With respect to protection system misoperations data, NERC described that data as ``providing several benefits to [bulk electric system] reliability and support[ing] NERC's mission of ensuring the reliability of the [Bulk- Power System] in North America.'' \45\ Among other things, NERC stated that protection system misoperations data is used to ``[i]dentify trends in Protection System performance that negatively impact reliability.'' \46\ Accordingly, just as the information in these databases supports NERC's Reliability Standards work under section 215(d) of the FPA, we find that the Commission's access to these databases will further our work under section 215(d)(5) of the FPA to identify reliability issues that might necessitate the development or modification of Reliability Standards. --------------------------------------------------------------------------- \44\ Generating Availability Data System Mandatory Reporting of Conventional Generation Performance Data at 1. \45\ Request for Data or Information Protection System Misoperation Data Collection at 5. \46\ Id. at 4. --------------------------------------------------------------------------- 20. Second, access to the TADS, GADS, and protection system misoperations databases will assist the Commission with its understanding of the reliability and adequacy assessments periodically submitted by NERC pursuant to section 215(g) of the FPA, as well as provide the Commission with data that could support requests by the Commission for additional assessments or reports from NERC under that section. The periodic reports, such as the annual state of reliability reports, currently submitted by NERC draw heavily from these databases and provide an overview of reliability issues and trends identified through the analysis of those databases. While the aggregated TADS, GADS, and protection system misoperations data provided in NERC's periodic reports afford the Commission some insight into the reliability and adequacy trends identified by NERC, we believe that having direct access to the underlying data will assist the Commission in its understanding of the periodic reports, thereby helping the Commission to monitor causes of outages and detect emerging reliability issues. 21. The Commission proposes to locate the proposed requirement within section 39.11 of the Commission's regulations, which governs the preparation and submission of reliability reports.\47\ We propose to add a new paragraph (c) that establishes a formal requirement that the ERO provide the Commission with access, on a non-public and ongoing basis, to the ERO's TADS, GADS, and protection system misoperations databases, or any successor databases thereto. --------------------------------------------------------------------------- \47\ 18 CFR 39.11. --------------------------------------------------------------------------- 22. We also recognize that the Commission's proposal might raise confidentiality issues regarding certain of the data contained in these databases. Should the Commission collect an entity's confidential information, the Commission will take appropriate steps, as provided for in our governing statutes and regulations,\48\ in handling such information. --------------------------------------------------------------------------- \48\ See, e.g., 5 U.S.C. 552; 18 CFR 388.112, 18 CFR 388.113. --------------------------------------------------------------------------- 23. The Commission seeks comment from NERC and other interested entities on this proposal. Comments are due 60 days following publication of this notice of proposed rulemaking in the Federal Register. III. Information Collection Statement 24. The Paperwork Reduction Act (PRA) \49\ requires each federal agency to seek and obtain Office of Management and Budget (OMB) approval before undertaking a collection of information directed to ten or more persons, or contained in a rule of general applicability. The OMB regulations require the approval of certain information collection requirements imposed by agency rules.\50\ 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 an agency 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. --------------------------------------------------------------------------- \49\ 44 U.S.C. 3501-3520. \50\ See 5 CFR 1320. --------------------------------------------------------------------------- 25. The Commission is submitting these reporting requirements to OMB for its review and approval under section 3507(d) of the PRA. Comments are solicited on the Commission's need for this information, the estimated burden and cost imposed on the ERO of providing the Commission with ongoing access to the three databases, whether the information will have practical utility, ways to enhance the quality, utility, and clarity of the information to be accessed, and any suggested methods for minimizing the respondent's burden. 26. The Commission's proposal would make TADS, GADS, and protection system misoperations data, currently collected by the ERO, available to the Commission, and its staff, on a non-public and ongoing basis. The proposal would not require the ERO to collect new information, compile information into any kind of report, or reformulate the raw data. The Commission also anticipates that it could be relatively straight- forward for the ERO to provide the Commission, and Commission staff, with access to TADS, GADS and misoperations data. Various entities currently have access to these data via an existing web interface. Providing the [[Page 58409]] Commission, and Commission staff, with access may be as simple as creating log-on credentials for the Web interface. Accordingly, the Commission estimates that the one-time burden associated with compliance with this proposed rule is de minimis and is limited to the ERO reviewing the Commission's proposed regulation and providing Commission with access to the existing TADS, GADS, and protection system misoperations databases. 27. The requirements for the ERO to provide data to the Commission are included in the existing FERC-725, Certification of Electric Reliability Organization; Procedures for Electric Reliability Standards (OMB Control No. 1902-0225). FERC-725 includes information used by the Commission to implement the statutory provisions of section 215 of the FPA. FERC-725 includes the burden, reporting and recordkeeping requirements associated with: (a) Self Assessment and ERO Application, (b) Reliability Assessments, (c) Reliability Standards Development, (d) Reliability Compliance, (e) Stakeholder Survey, and (f) Other Reporting. This notice of proposed rulemaking will be submitted to OMB for review under the PRA. 28. Internal review: The Commission has reviewed the proposed regulation and has determined that the proposed regulation is necessary to ensure the reliability and integrity of the Nation's Bulk-Power System. 29. Interested persons may obtain information on the reporting requirements by contacting: Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director, email: [email protected], Phone: (202) 502-8663, fax: (202) 273-0873]. Comments on the requirements of this rule may also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission]. For security reasons, comments should be sent by email to OMB at [email protected]. Please reference OMB Control No. 1902-0225 and FERC-725 in your submission. IV. Environmental Analysis 30. 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.\51\ 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.\52\ The actions here fall within this categorical exclusion in the Commission's regulations. --------------------------------------------------------------------------- \51\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783 (1987). \52\ 18 CFR 380.4(a)(2)(ii). --------------------------------------------------------------------------- V. Regulatory Flexibility Act 31. The Regulatory Flexibility Act of 1980 (RFA) \53\ generally requires a description and analysis of proposed rules that will have significant economic impact on a substantial number of small entities. The Small Business Administration (SBA) revised its size standard (effective January 22, 2014) for electric utilities from a standard based on megawatt hours to a standard based on the number of employees, including affiliates.\54\ --------------------------------------------------------------------------- \53\ 5 U.S.C. 601-612. \54\ SBA Final Rule on ``Small Business Size Standards: Utilities,'' 78 FR 77,343 (Dec. 23, 2013). --------------------------------------------------------------------------- 32. The Commission proposes to amend the Commission's regulations to require only the ERO (i.e., NERC) to provide the Commission, and Commission staff, with access, on a non-public and ongoing basis, to the existing TADS, GADS, and protections system misoperations databases. As discussed above, we estimate that the costs to the ERO associated with the Commission's proposal will be de minimis. Accordingly, the Commission certifies that this proposal will not have a significant economic impact on a substantial number of small entities. VI. Comment Procedures 33. The Commission invites interested persons to submit comments on the matters and issues proposed in this document to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due November 30, 2015. Comments must refer to Docket No. RM15-25-000, and must include the commenter's name, the organization they represent, if applicable, and their address in their comments. 34. 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. 35. 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. 36. 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 37. 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 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 38. From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 39. 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]. List of subjects in 18 CFR Part 39 Electric power, and reporting and recordkeeping requirements. By direction of the Commission. Commissioner LaFleur is concurring with a separate statement attached. Dated: September 17, 2015. Nathaniel J. Davis, Sr., Deputy Secretary. In consideration of the foregoing, the Commission proposes to amend Chapter I, Title 18, Part 39 of the Code of Federal Regulations, as follows: [[Page 58410]] PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS 0 1. The authority citation for part 39 continues to read as follows: Authority: 16 U.S.C. 824o. 0 2. Amend Sec. 39.11 by adding paragraph (c) as follows: Sec. 39.11 Reliability reports. * * * * * (c) The Electric Reliability Organization shall make available to the Commission, on a non-public and ongoing basis, access to the Transmission Availability Data System, Generating Availability Data System, and protection system misoperations databases, or any successor databases thereto. Note: The following text will not appear in the Code of Federal Regulations. Availability of Certain North American Electric Reliability Corporation Databases to the Commission (Issued September 17, 2015) LaFLEUR, Commissioner, concurring: Today's order proposes to revise the Commission's regulations to provide the Commission and its staff with access, on a non-public and ongoing basis, to three databases maintained by the North American Electric Reliability Corporation (NERC): (1) The Transmission Availability Data System (TADS), (2) the Generating Availability Data System (GADS), and (3) the protection system misoperations database. As explained in the order, the Commission concludes that access to these databases would support its work under section 215(d)(5) of the Federal Power Act (FPA) to monitor reliability trends and issues that may warrant the development of new or modified reliability standards. On rare occasions, the Commission has exercised its authority to direct NERC to develop new standards to address reliability risks not covered in existing standards, such as geomagnetic disturbances and physical security. While I do not expect the Commission to frequently invoke that authority going forward, I agree that the information in these databases would assist the Commission with its responsibilities under section 215(d)(5), as well as its understanding of NERC's assessments under section 215(g). Access to these databases could therefore support the Commission's oversight of several steps of the reliability cycle, including event analysis, establishment of metrics, setting reliability priorities, and improving the standards development and review process. I recognize, however, that under section 215 of the FPA, NERC and the Commission have a unique relationship, since Congress vested a significant amount of authority over the standards process in the Electric Reliability Organization (i.e., NERC) and clearly prescribed the Commission's oversight role. It is important that we recognize the distinction between that oversight role and NERC's primary responsibility to monitor reliability issues and propose standards to address them. Ultimately, I believe our efforts to sustain and improve the reliability of the bulk electric system are furthered by mutual trust and shared priorities between the Commission and NERC. I understand that today's proposal might be controversial within the NERC community. I therefore welcome comment on the proposal, including any potential issues or concerns not identified in the NOPR, to provide a full record for the Commission to consider in deciding whether to proceed to a final rule. Accordingly, I respectfully concur. Cheryl A. LaFleur Commissioner [FR Doc. 2015-24282 Filed 9-28-15; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules 58405
Short name/acronym Commenter
New York Transmission Owners .... New York Transmission Owners (Central Hudson Gas & Electric Corporation, Consolidated Edison Com-
pany of New York, Inc., Power Supply of Long Island, New York Power Authority, New York State Elec-
tric & Gas Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, Orange and Rockland
Utilities, Inc., and Rochester Gas and Electric Corporation).
OMS ................................................ Organization of MISO States.
PG&E .............................................. Pacific Gas and Electric Company.
PJM ................................................. PJM Interconnection, L.L.C.
PJM Utilities Coalition ..................... PJM Utilities Coalition (American Electric Power Service Corporation, the Dayton Power and Light Com-
pany, FirstEnergy Service Company, Buckeye Power, Inc., and East Kentucky Power Cooperative).
Potomac Economics ....................... Potomac Economics, Ltd.
PSEG Companies ........................... PSEG Companies (Public Service Electric and Gas Company, PSEG Power LLC and PSEG Energy Re-
sources & Trade LLC).
SCE ................................................. Southern California Edison Company.
SPP ................................................. Southwest Power Pool, Inc.
TAPS ............................................... Transmission Access Policy Study Group.
Wartsila ........................................... Wartsila North America, Inc.
Wisconsin Electric ........................... Wisconsin Electric Power Company.
Xcel ................................................. Xcel Energy Services Inc.
[FR Doc. 2015–24283 Filed 9–28–15; 8:45 am] • Electronic Filing through http:// Data System (GADS), and (3) the
BILLING CODE 6717–01–P www.ferc.gov. Documents created protection system misoperations
electronically using word processing database. Access to these databases,
software should be filed in native which will be limited to data regarding
DEPARTMENT OF ENERGY applications or print-to-PDF format and U.S. facilities, will provide the
not in a scanned format. Commission with information necessary
Federal Energy Regulatory • Mail/Hand Delivery: Those unable for the Commission to determine the
Commission to file electronically may mail or hand- need for new or modified Reliability
deliver comments to: Federal Energy Standards and to better understand
18 CFR Part 39 Regulatory Commission, Secretary of the NERC’s periodic reliability and
[Docket No. RM15–25–000] Commission, 888 First Street NE., adequacy assessments.
Washington, DC 20426.
Availability of Certain North American Instructions: For detailed instructions I. Background
Electric Reliability Corporation on submitting comments and additional
A. Section 215 and Order No. 672
Databases to the Commission information on the rulemaking process,
see the Comment Procedures Section of 1. 2. Section 215 of the FPA requires
AGENCY: Federal Energy Regulatory this document. the ERO to develop mandatory and
Commission. FOR FURTHER INFORMATION CONTACT: enforceable Reliability Standards,
ACTION: Notice of proposed rulemaking. Raymond Orocco-John (Technical subject to Commission review and
Information), Office of Electric approval. Reliability Standards may be
SUMMARY: The Federal Energy Reliability, Federal Energy Regulatory
Regulatory Commission (Commission) enforced by NERC, subject to
Commission, 888 First Street NE., Commission oversight, or by the
proposes to amend its regulations to Washington, DC 20426, Telephone:
require the North American Electric Commission independently.1 In
(202) 502–6593, Raymond.Orocco- addition, section 215(g) of the FPA
Reliability Corporation (NERC) to John@ferc.gov.
provide the Commission, and requires the ERO to conduct periodic
Matthew Vlissides (Legal Information), assessments of the reliability and
Commission staff, with access, on a non- Office of the General Counsel, Federal
public and ongoing basis, to certain adequacy of the Bulk-Power System in
Energy Regulatory Commission, 888
databases compiled and maintained by North America.2 Pursuant to section 215
First Street NE., Washington, DC
NERC. The Commission’s proposal of the FPA, the Commission established
20426, Telephone: (202) 502–8408,
applies to the following NERC a process to select and certify an ERO,3
Matthew.Vlissides@ferc.gov.
databases: The Transmission and subsequently certified NERC.4
SUPPLEMENTARY INFORMATION:
Availability Data System, the Generating 1. The Commission proposes to 3. Section 39.2(d) of the Commission’s
Availability Data System, and the amend its regulations, pursuant to regulations requires NERC and each
protection system misoperations section 215 of the Federal Power Act Regional Entity to ‘‘provide the
database. Access to these databases, (FPA), to require the North American Commission such information as is
which will be limited to data regarding Electric Reliability Corporation (NERC), necessary to implement section 215 of
U.S. facilities, will provide the the Commission-certified Electric
Commission with information necessary Reliability Organization (ERO), to 1 16 U.S.C. 824o(e).
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
to determine the need for new or provide the Commission, and 2 Id.824o(g).
modified Reliability Standards and to Commission staff, with access (i.e., view
3 Rules Concerning Certification of the Electric
better understand NERC’s periodic Reliability Organization; and Procedures for the
and download data), on a non-public Establishment, Approval, and Enforcement of
reliability and adequacy assessments. and ongoing basis, to certain databases Electric Reliability Standards, Order No. 672, FERC
DATES: Comments are due November 30, compiled and maintained by NERC. The Stats. & Regs. ¶ 31,204, order on reh’g, Order No.
2015. Commission’s proposal applies to the 672–A, FERC Stats. & Regs. ¶ 31,212 (2006).
4 North American Electric Reliability Corp., 116
ADDRESSES: Comments, identified by following three NERC databases: (1) The FERC ¶ 61,062, order on reh’g and compliance, 117
docket number, may be filed in the Transmission Availability Data System FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v.
following ways: (TADS), (2) the Generating Availability FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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![58408 Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules
reliability standard or modification to a [Bulk-Power System] in North entity’s confidential information, the
reliability standard that addresses a America.’’ 45 Among other things, NERC Commission will take appropriate steps,
specific matter if the Commission stated that protection system as provided for in our governing statutes
considers such a new or modified misoperations data is used to ‘‘[i]dentify and regulations,48 in handling such
reliability standards appropriate to carry trends in Protection System information.
out [section 215].’’ 42 Therefore, with performance that negatively impact 23. The Commission seeks comment
respect to the development of new reliability.’’ 46 Accordingly, just as the from NERC and other interested entities
Reliability Standards or modification of information in these databases supports on this proposal. Comments are due 60
existing Reliability Standards, section NERC’s Reliability Standards work days following publication of this notice
215(d) of the FPA tasks both the under section 215(d) of the FPA, we of proposed rulemaking in the Federal
Commission and the ERO (i.e., NERC) find that the Commission’s access to Register.
with the responsibility to monitor these databases will further our work
III. Information Collection Statement
reliability trends or reliability gaps that under section 215(d)(5) of the FPA to
might warrant the development or identify reliability issues that might 24. The Paperwork Reduction Act
modification of a Reliability Standard. necessitate the development or (PRA) 49 requires each federal agency to
As discussed below, the data contained modification of Reliability Standards. seek and obtain Office of Management
in the TADS, GADS, and protection 20. Second, access to the TADS, and Budget (OMB) approval before
systems misoperations databases GADS, and protection system undertaking a collection of information
provide insights regarding reliability misoperations databases will assist the directed to ten or more persons, or
performance that bear on whether Commission with its understanding of contained in a rule of general
existing Reliability Standards are the reliability and adequacy assessments applicability. The OMB regulations
effective; whether they require periodically submitted by NERC require the approval of certain
modification; or whether new pursuant to section 215(g) of the FPA, information collection requirements
Reliability Standards should be as well as provide the Commission with imposed by agency rules.50 Upon
developed. However, currently the data that could support requests by the approval of a collection(s) of
Commission does not have access to Commission for additional assessments information, OMB will assign an OMB
these databases, which are maintained or reports from NERC under that control number and an expiration date.
by NERC to support its Reliability section. The periodic reports, such as Respondents subject to the filing
Standards work pursuant to section the annual state of reliability reports, requirements of an agency rule will not
215(d), and we find it appropriate that currently submitted by NERC draw be penalized for failing to respond to
the Commission also have access to heavily from these databases and these collections of information unless
them to support the Commission’s provide an overview of reliability issues the collections of information display a
assessment of the effectiveness of and trends identified through the valid OMB control number.
existing Reliability Standards. analysis of those databases. While the 25. The Commission is submitting
19. The TADS, GADS, and protection aggregated TADS, GADS, and protection these reporting requirements to OMB for
system misoperations databases include system misoperations data provided in its review and approval under section
important information regarding the NERC’s periodic reports afford the 3507(d) of the PRA. Comments are
need for new or modified Reliability Commission some insight into the solicited on the Commission’s need for
Standards. For example, in describing reliability and adequacy trends this information, the estimated burden
the importance of mandatory TADS data identified by NERC, we believe that and cost imposed on the ERO of
collection, NERC stated that: having direct access to the underlying providing the Commission with ongoing
data will assist the Commission in its access to the three databases, whether
Whether a new standard is needed or
whether an existing standard needs to be understanding of the periodic reports, the information will have practical
modified, sound data is needed for this thereby helping the Commission to utility, ways to enhance the quality,
purpose. TADS data is intended to provide monitor causes of outages and detect utility, and clarity of the information to
a basis for standards.43 emerging reliability issues. be accessed, and any suggested methods
Similarly, in justifying the need for 21. The Commission proposes to for minimizing the respondent’s burden.
mandatory GADS data reporting, NERC locate the proposed requirement within 26. The Commission’s proposal would
stated that GADS data ‘‘is used to section 39.11 of the Commission’s make TADS, GADS, and protection
calculate important performance regulations, which governs the system misoperations data, currently
statistics and supports bulk power trend preparation and submission of collected by the ERO, available to the
analysis by providing information on reliability reports.47 We propose to add Commission, and its staff, on a non-
forced outages, maintenance outages, a new paragraph (c) that establishes a public and ongoing basis. The proposal
planned outages, and deratings . . . formal requirement that the ERO would not require the ERO to collect
[the] GADS database is vital to support provide the Commission with access, on new information, compile information
NERC in its assessment of bulk power a non-public and ongoing basis, to the into any kind of report, or reformulate
system reliability.’’ 44 With respect to ERO’s TADS, GADS, and protection the raw data. The Commission also
protection system misoperations data, system misoperations databases, or any anticipates that it could be relatively
NERC described that data as ‘‘providing successor databases thereto. straight-forward for the ERO to provide
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
several benefits to [bulk electric system] 22. We also recognize that the the Commission, and Commission staff,
reliability and support[ing] NERC’s Commission’s proposal might raise with access to TADS, GADS and
mission of ensuring the reliability of the confidentiality issues regarding certain misoperations data. Various entities
of the data contained in these databases. currently have access to these data via
42 16 U.S.C. 824o(d)(5). Should the Commission collect an an existing web interface. Providing the
43 Summary of Phase I TADS Data Collection at
45 Request for Data or Information Protection 48 See, e.g., 5 U.S.C. 552; 18 CFR 388.112, 18 CFR
1.
44 Generating
Availability Data System Mandatory System Misoperation Data Collection at 5. 388.113.
46 Id. at 4. 49 44 U.S.C. 3501–3520.
Reporting of Conventional Generation Performance
Data at 1. 47 18 CFR 39.11. 50 See 5 CFR 1320.
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![Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules 58409
Commission, and Commission staff, environment.51 The Commission has created electronically using word
with access may be as simple as creating categorically excluded certain actions processing software should be filed in
log-on credentials for the Web interface. from this requirement as not having a native applications or print-to-PDF
Accordingly, the Commission estimates significant effect on the human format and not in a scanned format.
that the one-time burden associated environment. Included in the exclusion Commenters filing electronically do not
with compliance with this proposed are rules that are clarifying, corrective, need to make a paper filing.
rule is de minimis and is limited to the or procedural or that do not 35. Commenters that are not able to
ERO reviewing the Commission’s substantially change the effect of the file comments electronically must send
proposed regulation and providing regulations being amended.52 The an original of their comments to:
Commission with access to the existing actions here fall within this categorical Federal Energy Regulatory Commission,
TADS, GADS, and protection system exclusion in the Commission’s Secretary of the Commission, 888 First
misoperations databases. regulations. Street NE., Washington, DC 20426.
36. All comments will be placed in
27. The requirements for the ERO to V. Regulatory Flexibility Act
the Commission’s public files and may
provide data to the Commission are 31. The Regulatory Flexibility Act of be viewed, printed, or downloaded
included in the existing FERC–725, 1980 (RFA) 53 generally requires a remotely as described in the Document
Certification of Electric Reliability description and analysis of proposed Availability section below. Commenters
Organization; Procedures for Electric rules that will have significant on this proposal are not required to
Reliability Standards (OMB Control No. economic impact on a substantial serve copies of their comments on other
1902–0225). FERC–725 includes number of small entities. The Small commenters.
information used by the Commission to Business Administration (SBA) revised
implement the statutory provisions of its size standard (effective January 22, VII. Document Availability
section 215 of the FPA. FERC–725 2014) for electric utilities from a 37. In addition to publishing the full
includes the burden, reporting and standard based on megawatt hours to a text of this document in the Federal
recordkeeping requirements associated standard based on the number of Register, the Commission provides all
with: (a) Self Assessment and ERO employees, including affiliates.54 interested persons an opportunity to
Application, (b) Reliability 32. The Commission proposes to view and/or print the contents of this
Assessments, (c) Reliability Standards amend the Commission’s regulations to document via the Internet through the
Development, (d) Reliability require only the ERO (i.e., NERC) to Commission’s Home Page (http://
Compliance, (e) Stakeholder Survey, provide the Commission, and www.ferc.gov) and in the Commission’s
and (f) Other Reporting. This notice of Commission staff, with access, on a non- Public Reference Room during normal
proposed rulemaking will be submitted public and ongoing basis, to the existing business hours (8:30 a.m. to 5:00 p.m.
to OMB for review under the PRA. TADS, GADS, and protections system Eastern time) at 888 First Street NE.,
misoperations databases. As discussed Room 2A, Washington, DC 20426.
28. Internal review: The Commission
above, we estimate that the costs to the 38. From the Commission’s Home
has reviewed the proposed regulation
ERO associated with the Commission’s Page on the Internet, this information is
and has determined that the proposed
proposal will be de minimis. available on eLibrary. The full text of
regulation is necessary to ensure the
Accordingly, the Commission certifies this document is available on eLibrary
reliability and integrity of the Nation’s
that this proposal will not have a in PDF and Microsoft Word format for
Bulk-Power System.
significant economic impact on a viewing, printing, and/or downloading.
29. Interested persons may obtain substantial number of small entities. To access this document in eLibrary,
information on the reporting type the docket number excluding the
requirements by contacting: Federal VI. Comment Procedures
last three digits of this document in the
Energy Regulatory Commission, 888 33. The Commission invites interested docket number field.
First Street NE., Washington, DC 20426 persons to submit comments on the 39. User assistance is available for
[Attention: Ellen Brown, Office of the matters and issues proposed in this eLibrary and the Commission’s Web site
Executive Director, email: document to be adopted, including any during normal business hours from the
DataClearance@ferc.gov, Phone: (202) related matters or alternative proposals Commission’s Online Support at 202–
502–8663, fax: (202) 273–0873]. that commenters may wish to discuss. 502–6652 (toll free at 1–866–208–3676)
Comments on the requirements of this Comments are due November 30, 2015. or email at ferconlinesupport@ferc.gov,
rule may also be sent to the Office of Comments must refer to Docket No. or the Public Reference Room at (202)
Information and Regulatory Affairs, RM15–25–000, and must include the 502–8371, TTY (202)502–8659. Email
Office of Management and Budget, commenter’s name, the organization the Public Reference Room at
Washington, DC 20503 [Attention: Desk they represent, if applicable, and their public.referenceroom@ferc.gov.
Officer for the Federal Energy address in their comments.
Regulatory Commission]. For security 34. The Commission encourages List of subjects in 18 CFR Part 39
reasons, comments should be sent by comments to be filed electronically via Electric power, and reporting and
email to OMB at oira_submission@ the eFiling link on the Commission’s recordkeeping requirements.
omb.eop.gov. Please reference OMB Web site at http://www.ferc.gov. The
By direction of the Commission.
Commission accepts most standard
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Control No. 1902–0225 and FERC–725 Commissioner LaFleur is concurring with a
in your submission. word processing formats. Documents separate statement attached.
Dated: September 17, 2015.
IV. Environmental Analysis 51 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
Nathaniel J. Davis, Sr.,
30. The Commission is required to 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Deputy Secretary.
prepare an Environmental Assessment Regulations Preambles 1986–1990 ¶ 30,783 (1987).
52 18 CFR 380.4(a)(2)(ii). In consideration of the foregoing, the
or an Environmental Impact Statement 53 5 U.S.C. 601–612. Commission proposes to amend Chapter
for any action that may have a 54 SBA Final Rule on ‘‘Small Business Size I, Title 18, Part 39 of the Code of Federal
significant adverse effect on the human Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013). Regulations, as follows:
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![58410 Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules
PART 39—RULES CONCERNING of the reliability cycle, including event determination of the adequacy of the
CERTIFICATION OF THE ELECTRIC analysis, establishment of metrics, state’s existing SIP addressing regional
RELIABILITY ORGANIZATION; AND setting reliability priorities, and haze (‘‘regional haze SIP’’). EPA is
PROCEDURES FOR THE improving the standards development proposing approval of Missouri’s
ESTABLISHMENT, APPROVAL, AND and review process. progress report SIP submission on the
ENFORCEMENT OF ELECTRIC I recognize, however, that under basis that it addresses the progress
RELIABILITY STANDARDS section 215 of the FPA, NERC and the report and adequacy determination
Commission have a unique relationship, requirements for the first
■ 1. The authority citation for part 39 since Congress vested a significant implementation period for regional
continues to read as follows: amount of authority over the standards haze.
Authority: 16 U.S.C. 824o. process in the Electric Reliability DATES: Comments must be received on
■ 2. Amend § 39.11 by adding paragraph Organization (i.e., NERC) and clearly or before October 29, 2015.
(c) as follows: prescribed the Commission’s oversight
ADDRESSES: Submit your comments,
role. It is important that we recognize
identified by Docket ID No. EPA–R07–
§ 39.11 Reliability reports. the distinction between that oversight
OAR–2015–0581 by one of the following
* * * * * role and NERC’s primary responsibility
methods:
(c) The Electric Reliability to monitor reliability issues and propose 1. www.regulations.gov: Follow the
Organization shall make available to the standards to address them. Ultimately, I on-line instructions for submitting
Commission, on a non-public and believe our efforts to sustain and comments.
ongoing basis, access to the improve the reliability of the bulk 2. Email: krabbe.stephen@epa.gov.
Transmission Availability Data System, electric system are furthered by mutual 3. Mail or Hand Delivery or Courier:
Generating Availability Data System, trust and shared priorities between the Stephen Krabbe, Air Planning and
and protection system misoperations Commission and NERC. Development Branch, Air and Waste
databases, or any successor databases I understand that today’s proposal Management Division, U.S.
thereto. might be controversial within the NERC Environmental Protection Agency,
Note: The following text will not appear in community. I therefore welcome Region 7, 11201 Renner Boulevard,
the Code of Federal Regulations. comment on the proposal, including any Lenexa, Kansas 66219.
potential issues or concerns not Instructions: Direct your comments to
Availability of Certain North American identified in the NOPR, to provide a full Docket ID No. EPA–R07–OAR–2015–
Electric Reliability Corporation record for the Commission to consider 0581. EPA may publish any comment
Databases to the Commission in deciding whether to proceed to a received to its public docket. Do not
(Issued September 17, 2015) final rule. submit electronically any information
LaFLEUR, Commissioner, concurring: Accordingly, I respectfully concur. you consider to be Confidential
Today’s order proposes to revise the Cheryl A. LaFleur Business Information (CBI) or other
Commission’s regulations to provide the Commissioner information whose disclosure is
Commission and its staff with access, on [FR Doc. 2015–24282 Filed 9–28–15; 8:45 am]
restricted by statute. Multimedia
a non-public and ongoing basis, to three submissions (audio, video, etc.) must be
BILLING CODE 6717–01–P
databases maintained by the North accompanied by a written comment.
American Electric Reliability The written comment is considered the
Corporation (NERC): (1) The official comment and should include
ENVIRONMENTAL PROTECTION discussion of all points you wish to
Transmission Availability Data System
AGENCY make. EPA will generally not consider
(TADS), (2) the Generating Availability
Data System (GADS), and (3) the 40 CFR Part 52 comments or comment contents located
protection system misoperations outside of the primary submission (i.e.
database. As explained in the order, the [EPA–R07–OAR–2015–0581; FRL–9934–69– on the web, cloud, or other file sharing
Commission concludes that access to Region 7] system). For additional submission
these databases would support its work methods, the full EPA public comment
Approval and Promulgation of Air
under section 215(d)(5) of the Federal policy, information about CBI or
Quality Implementation Plans;
Power Act (FPA) to monitor reliability multimedia submissions, and general
Missouri; Regional Haze Five-Year
trends and issues that may warrant the guidance on making effective
Progress Report State Implementation
development of new or modified comments, please visit http://
Plan
reliability standards. www2.epa.gov/dockets/commenting-
On rare occasions, the Commission AGENCY: Environmental Protection epa-dockets. The www.regulations.gov
has exercised its authority to direct Agency (EPA). Web site is an ‘‘anonymous access’’
NERC to develop new standards to ACTION: Proposed rule. system, which means EPA will not
address reliability risks not covered in know your identity or contact
existing standards, such as geomagnetic SUMMARY: The Environmental Protection information unless you provide it in the
disturbances and physical security. Agency (EPA) is proposing approval of body of your comment. If you send an
While I do not expect the Commission a revision to the Missouri State email comment directly to EPA without
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
to frequently invoke that authority going Implementation Plan (SIP) submitted by going through www.regulations.gov,
forward, I agree that the information in the State of Missouri on August 5, 2014. your email address will be
these databases would assist the Missouri’s SIP submission (‘‘progress automatically captured and included as
Commission with its responsibilities report SIP’’) addresses requirements of part of the comment that is placed in the
under section 215(d)(5), as well as its the Clean Air Act (CAA or Act) and public docket and made available on the
understanding of NERC’s assessments EPA’s rules that require states to submit Internet. If you submit an electronic
under section 215(g). Access to these periodic reports describing progress comment, EPA recommends that you
databases could therefore support the toward reasonable progress goals (RPGs) include your name and other contact
Commission’s oversight of several steps established for regional haze and a information in the body of your
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Document Created: 2015-12-15 09:47:13
Document Modified: 2015-12-15 09:47:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments are due November 30, 2015. | |
| Contact | Raymond Orocco-John (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-6593, Raymond.Orocco- [email protected] Matthew Vlissides (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-8408, [email protected] | |
| FR Citation | 80 FR 58405 | |
| CFR Associated | Electric Power and Reporting and Recordkeeping Requirements |
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