80_FR_73874 80 FR 73647 - Revisions to Emergency Operations Reliability Standards; Revisions to Undervoltage Load Shedding Reliability Standards; Revisions to the Definition of “Remedial Action Scheme” and Related Reliability Standards

80 FR 73647 - Revisions to Emergency Operations Reliability Standards; Revisions to Undervoltage Load Shedding Reliability Standards; Revisions to the Definition of “Remedial Action Scheme” and Related Reliability Standards

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73647-73658
FR Document2015-29971

The Commission approves Reliability Standards and definitions of terms submitted in three related petitions by the North American Electric Reliability Corporation (NERC), the Commission-approved Electric Reliability Organization. The Commission approves Reliability Standards EOP-011-1 (Emergency Operations) and PRC-010-1 (Undervoltage Load Shedding). The proposed Reliability Standards consolidate, streamline and clarify the existing requirements of certain currently- effective Emergency Preparedness and Operations (EOP) and Protection and Control (PRC) standards. The Commission also approves NERC's revised definition of the term Remedial Action Scheme as set forth in the NERC Glossary of Terms Used in Reliability Standards, and modifications of specified Reliability Standards to incorporate the revised definition. Further, the Commission approves the implementation plans, and the retirement of certain currently-effective Reliability Standards.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73647-73658]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29971]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket Nos. RM15-7-000, RM15-12-000, and RM15-13-000 Order No. 818]


Revisions to Emergency Operations Reliability Standards; 
Revisions to Undervoltage Load Shedding Reliability Standards; 
Revisions to the Definition of ``Remedial Action Scheme'' and Related 
Reliability Standards

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Commission approves Reliability Standards and definitions 
of terms submitted in three related petitions by the North American 
Electric Reliability Corporation (NERC), the Commission-approved 
Electric Reliability Organization. The Commission approves Reliability 
Standards EOP-011-1 (Emergency Operations) and PRC-010-1 (Undervoltage 
Load Shedding). The proposed Reliability Standards consolidate, 
streamline and clarify the existing requirements of certain currently-
effective Emergency Preparedness and Operations (EOP) and Protection 
and Control (PRC) standards. The Commission also approves NERC's 
revised definition of the term Remedial Action Scheme as set forth in 
the NERC Glossary of Terms Used in Reliability Standards, and 
modifications of specified Reliability Standards to incorporate the 
revised definition. Further, the Commission approves the implementation 
plans, and the retirement of certain currently-effective Reliability 
Standards.

DATES: This rule will become effective January 25, 2016.

FOR FURTHER INFORMATION CONTACT: 
Juan Villar (Technical Information), Office of Electric Reliability, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (772) 678-6496, [email protected].
Nick Henery (Technical Information), Office of Electric Reliability, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (202) 502-8636, [email protected].
Mark Bennett (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (202) 502-8524, [email protected].

SUPPLEMENTARY INFORMATION: 

Order No. 818

Final Rule

(Issued November 19, 2015)

    1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the 
Commission approves Reliability Standards and definitions of terms 
submitted in three related petitions by the North American Electric 
Reliability Corporation (NERC), the Commission-approved Electric 
Reliability Organization (ERO). In particular, the Commission approves 
Reliability Standards EOP-011-1 (Emergency

[[Page 73648]]

Operations) and PRC-010-1 (Undervoltage Load Shedding). The Commission 
finds that the Reliability Standards consolidate, streamline, and 
clarify the existing requirements of several currently-effective 
Emergency Preparedness and Operations (EOP) and Protection and Control 
(PRC) standards, and address certain Commission directives set forth in 
Order No. 693.\2\
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    \1\ 16 U.S.C. 824o.
    \2\ Mandatory Reliability Standards for the Bulk-Power System, 
Order No. 693, FERC Stats. and Regs. ] 31,242, order on reh'g, Order 
No. 693-A, 120 FERC ] 61,053 (2007).
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    2. Further, the Commission approves NERC's revised definition of 
the term Remedial Action Scheme as set forth in the NERC Glossary of 
Terms Used in Reliability Standards (NERC Glossary), and modifications 
of specified Reliability Standards to incorporate the revised 
definition. Also, the Commission approves the associated implementation 
plans and assigned violation risk factors and violation severity levels 
for Reliability Standard EOP-011-1 and Reliability Standard PRC-010-1, 
as well as the retirement of certain currently-effective Reliability 
Standards.

I. Background

    3. Section 215 of the FPA requires a Commission-certified ERO to 
develop mandatory and enforceable Reliability Standards, subject to 
Commission review and approval. Once approved, the Reliability 
Standards may be enforced by the ERO subject to Commission oversight or 
by the Commission independently. In 2006, the Commission certified NERC 
as the ERO pursuant to FPA section 215.\3\
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    \3\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006), aff'd 
sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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    4. On March 16, 2007, the Commission issued Order No. 693, 
approving 83 of the 107 Reliability Standards filed by NERC, including 
initial versions of EOP-001, EOP-002, and EOP-003.\4\ In addition, the 
Commission directed NERC to develop certain modifications to the EOP 
standards. In Order No. 693, the Commission also approved several 
Undervoltage Load Shedding (UVLS)-related Reliability Standards, 
including PRC-010-0, PRC-021-1 and PRC-022-1.\5\ Further, the 
Commission directed NERC to modify Reliability Standard PRC-010-0 to 
develop an ``integrated and coordinated'' approach to all protection 
systems.\6\ In Order No. 693, the Commission approved the NERC 
Glossary, including NERC's currently-effective Special Protection 
System and Remedial Action Scheme definitions.
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    \4\ Order No. 693, FERC Stats. and Regs. ] 31,242.
    \5\ Id. PP 1509, 1560, and 1565. The Commission neither approved 
nor rejected proposed Reliability Standard PRC-020-1, explaining 
that the standard only applied to Regional Reliability 
Organizations. Id. P 1555.
    \6\ Id. P 1509.
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II. NERC Petitions

    5. NERC submitted three related petitions that we address together 
in this Final Rule.\7\
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    \7\ Reliability Standards EOP-011-1 and PRC-010-1 are not 
attached to this Final Rule, nor are the additional Reliability 
Standards that NERC proposes to modify to incorporate the term 
Remedial Action Scheme. The Reliability Standards are available on 
the Commission's eLibrary document retrieval system in the 
identified dockets and on the NERC Web site, www.nerc.com.
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A. NERC EOP Petition--Reliability Standard EOP-011-1 (Docket No. RM15-
7-000)

    6. On December 29, 2014, NERC filed a petition seeking Commission 
approval of Reliability Standard EOP-011-1, a revised definition of 
``Energy Emergency'' and the associated violation risk factors and 
violation severity levels, effective date and implementation plan. NERC 
stated that the purpose of Reliability Standard EOP-011-1 is ``to 
address the effects of operating Emergencies by ensuring each 
Transmission Operator and Balancing Authority has developed Operating 
Plans to mitigate operating Emergencies, and that those plans are 
coordinated within a Reliability Coordinator area.'' \8\ NERC explained 
that Reliability Standard EOP-011-1 consolidates the requirements of 
three existing standards: EOP-001-2.1b, EOP-002-3.1 and EOP-003-2 
``into a single Reliability Standard that clarifies the critical 
requirements for Emergency Operations while ensuring strong 
communication and coordination across the functional entities.'' \9\ 
NERC also asserted that Reliability Standard EOP-011-1 satisfies seven 
Commission directives set forth in Order No. 693.\10\
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    \8\ NERC EOP Petition at 2.
    \9\ Id. at 3.
    \10\ Id. at 12-18.
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    7. NERC noted that Reliability Standard EOP-011-1, Requirements R2 
and R6 incorporate Attachment 1, which describes three Energy Emergency 
levels used by the reliability coordinator and the process for 
communicating the condition of a balancing authority experiencing an 
Energy Emergency.\11\
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    \11\ Attachment 1 describes three alert levels: Energy Emergency 
Alert Level 1 (all available generation resources in use, concern 
about sustaining required contingency reserves); Energy Emergency 
Alert Level 2 (load management procedures in effect, energy 
deficient balancing authority implements its emergency Operating 
Plan but maintains minimum contingency reserve requirements); and 
Energy Emergency Alert Level 3 (firm load interruption is imminent 
or in process, energy deficient balancing authority unable to 
maintain minimum contingency reserve requirements).
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    8. Reliability Standard EOP-011-1 includes six requirements, and is 
applicable to balancing authorities, reliability coordinators and 
transmission operators. Requirement R1 requires transmission operators 
to develop, maintain and implement reliability coordinator-reviewed 
operating plans to mitigate operating emergencies in its ``transmission 
operating area.'' \12\ Requirement R1 provides that, ``as applicable,'' 
operating plans must: (1) Describe the roles and responsibilities for 
activating the operating plan; and (2) include processes to prepare for 
and mitigate emergencies, such as Reliability Coordinator notification, 
transmission system reconfiguration, and redispatch of generation. NERC 
explained that Requirement R1 uses the phrase ``as applicable'' to 
provide ``flexibility to account for regional differences and pre-
existing methods for mitigating emergencies.'' \13\ NERC added that an 
entity's decision to omit an element as not ``applicable'' must include 
an explanation in its plan. NERC further explained that the requirement 
for transmission operators to maintain operating plans includes the 
expectation that the plans are current and up-to-date.\14\
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    \12\ Operating Plan is defined in the NERC Glossary as a 
``document that identifies a group of activities that may be used to 
achieve some goal. An Operating Plan may contain Operating 
Procedures and Operating Processes . . .''
    \13\ NERC EOP Petition at 9.
    \14\ Id. at 8-9.
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    9. Requirement R2 requires balancing authorities to develop, 
maintain and implement reliability coordinator-reviewed operating plans 
to mitigate capacity and energy emergencies in its ``balancing 
authority area.'' Similar to the operating plans developed by 
transmission operators pursuant to the first requirement, the elements 
of the operating plans developed by balancing authorities allow for 
flexibility, provided an explanation is provided for omitted 
elements.\15\
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    \15\ Id.
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    10. Requirement R3 requires reliability coordinators to review the 
operating plans submitted by transmission operators and balancing 
authorities and is designed to ensure that there is appropriate 
coordination of reliability risks identified in the operating plans. In 
reviewing operating plans, reliability coordinators shall consider 
compatibility, coordination

[[Page 73649]]

and inter-dependency with other entity operating plans and notify 
transmission providers and balancing authorities if revisions to their 
operating plans are necessary.\16\
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    \16\ Id. at 10-11.
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    11. Requirement R4 requires transmission operators and balancing 
authorities to resolve any issues identified by the reliability 
coordinator and resubmit their revised operating plans within a time 
period specified by the reliability coordinator. Requirement R5 
requires reliability coordinators to notify balancing authorities and 
transmission operators in its area, and neighboring reliability 
coordinators, within 30 minutes of receiving an emergency notification. 
Requirement R6 requires a reliability coordinator with a balancing 
authority experiencing a potential or actual Energy Emergency to 
declare an Energy Emergency alert in accordance with Attachment 1.
    12. Proposed Reliability Standard EOP-011-1 also includes the 
following revised definition of Energy Emergency:

    Energy Emergency--A condition when a Load-Serving Entity or 
Balancing Authority has exhausted all other resource options and can 
no longer meet its expected Load obligations.

NERC explained that the revised definition is intended to clarify that 
an Energy Emergency is not limited to a load-serving entity and, based 
on a review of the impact on the body of NERC Reliability Standards, 
``does not change the reliability intent of other requirements of 
Definitions.'' \17\

    \17\ Id. at 18.
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    13. NERC proposed an effective date for Reliability Standard EOP-
011-1 that is the first day of the first calendar quarter that is 12 
months after the date of Commission approval, and a retirement date for 
currently-effective Reliability Standards EOP-001-2.1b, EOP-002-3.1 and 
EOP-003-2 of midnight of the day immediately prior to the effective 
date of Reliability Standard EOP-011-1.

B. NERC PRC Petition--Proposed Reliability Standard PRC-010-1 (Docket 
No. RM15-12-000)

    14. On February 6, 2015, NERC filed a petition seeking approval of 
Reliability Standard PRC-010-1 (Undervoltage Load Shedding), a revised 
definition of Undervoltage Load Shedding Program (UVLS Program) for 
inclusion in the NERC Glossary, and the associated violation risk 
factors, violation severity levels, effective date and implementation 
plan. NERC also proposed the retirement of four PRC Reliability 
Standards.\18\ NERC stated that the purpose of Reliability Standard 
PRC-010-1 is to ``establish an integrated and coordinated approach to 
the design, evaluation, and reliable operation of Undervoltage Load 
Shedding Programs'' as directed by the Commission in Order No. 693.\19\
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    \18\ Reliability Standards PRC-010-0 (Assessment of the Design 
and Effectiveness of UVLS Program); PRC-020-1 (Under-Voltage Load 
Shedding Program Database); PRC-021-1 (Under-Voltage Load Shedding 
Program Data); and PRC-022-1 (Under-Voltage Load Shedding Program 
Performance).
    \19\ NERC PRC Petition at 14 (citing Order No. 693, FERC Stats & 
Regs ] 31,242 at P 1509).
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    15. NERC explained that Reliability Standard PRC-010-1 is a single, 
comprehensive standard that addresses the same reliability principles 
outlined in the four currently-effective UVLS-related Reliability 
Standards.\20\ Reliability Standard PRC-010-1 replaces the 
applicability to and involvement of ``Regional Reliability 
Organization'' in Reliability Standards PRC-020-1 and PRC-021-1 and 
improves upon and consolidates the four currently-effective UVLS-
Related Standards into one comprehensive standard. NERC explained that 
Reliability Standard PRC-010-1 ``reflects consideration of the 2003 
Blackout Report recommendations,'' \21\ particularly, Recommendation 21 
for NERC to ``make more effective and wider use of system protection 
measures'' \22\ and Recommendation 21C for NERC to ``determine the 
goals and principles needed to establish an integrated approach to 
relay protection for generators and transmission lines, as well as of 
UFLS and UVLS programs.'' \23\
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    \20\ Id.
    \21\ Id. at 2 (citing the 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, April, 2004 (2003 
Blackout Report)).
    \22\ Id. at 4 (citing 2003 Blackout Report at 3, 158).
    \23\ Id. at 6.
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    16. Reliability Standard PRC-010-1 incorporates a new definition of 
UVLS Program, which reads:

    Undervoltage Load Shedding Program (UVLS Program): An automatic 
load shedding program, consisting of distributed relays and 
controls, used to mitigate undervoltage conditions impacting the 
Bulk Electric System (BES), leading to voltage instability, voltage 
collapse, or Cascading. Centrally controlled undervoltage-based load 
shedding is not included.

NERC explained that ``to ensure that the applicability of the proposed 
Reliability Standard covers undervoltage[hyphen]based load shedding 
systems whose performance has an impact on system reliability, a UVLS 
Program must mitigate risk of one or more of the following: Voltage 
instability, voltage collapse, or Cascading impacting the Bulk Electric 
System. By focusing on the enumerated risks, the definition is meant to 
exclude locally[hyphen]applied relays that are not designed to mitigate 
wide[hyphen]area voltage collapse.'' \24\ NERC stated that the UVLS 
Program definition ``clearly identifies and separates centrally 
controlled undervoltage-based load shedding, which is now addressed by 
the proposed definition of Remedial Action Scheme.'' \25\

    \24\ Id. at 16.
    \25\ Id. at 15. NERC's petition for approval of the proposed 
definition of Remedial Action Scheme (Docket No. RM15-13-000) is 
discussed below.
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    17. Reliability Standard PRC-010-1 applies to planning coordinators 
and transmission planners because ``either may be responsible for 
designing and coordinating the UVLS Program . . . [and] also applies to 
Distribution Providers and Transmission Owners responsible for the 
ownership, operation and control of UVLS equipment as required by the 
UVLS Program established by the Transmission Planner or Planning 
Coordinator.'' \26\ NERC explained that the planning coordinator or 
transmission planner that establishes a UVLS Program is responsible for 
identifying the UVLS equipment and the necessary distribution provider 
and transmission owner (referred to as ``UVLS entities'' in the 
Applicability section) that performs the required actions.
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    \26\ Id.
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    18. NERC stated that Reliability Standard PRC-010-1 ``applies only 
after an entity has determined the need for a UVLS Program as a result 
of its own planning studies.'' \27\ NERC explained that the eight 
requirements in Reliability Standard PRC-010-1 meet four primary 
objectives: (1) The Reliability Standard requires applicable entities 
to evaluate a UVLS Program's effectiveness prior to implementation, 
including coordination with other protection systems and generator 
voltage ride-through capabilities; (2) applicable entities must comply 
with UVLS program specifications and implementation schedule; (3) 
applicable entities must perform periodic assessment and performance 
analysis; and (4) applicable entities must maintain and share UVLS 
Program data.\28\
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    \27\ Id. at 14.
    \28\ Id. at 17.
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    19. Requirement R1 requires each planning coordinator or 
transmission planner to evaluate the viability and effectiveness of its 
UVLS program before implementation to confirm its effectiveness in 
resolving the undervoltage conditions for which it

[[Page 73650]]

was designed, and that it is integrated through coordination with 
generator ride-through capabilities and other protection and control 
systems. Also, the planning coordinator or transmission planner must 
provide the UVLS Program specifications and implementation schedule to 
the applicable UVLS entities. Requirement R2 requires UVLS entities to 
meet the UVLS Program's specifications and implementation schedule 
provided by the planning coordinator or transmission planner or address 
any necessary corrective actions in accordance with Requirement R5.
    20. Requirement R3 requires each planning coordinator or 
transmission planner to perform periodic comprehensive assessments at 
least every 60 calendar months to ensure continued effectiveness of the 
UVLS program, including whether the program resolves identified 
undervoltage issues and that it is integrated and coordinated with 
generator voltage ride-through capabilities and other specified 
protection and control systems. Requirement R4 requires each planning 
coordinator or transmission planner to commence a timely assessment of 
a voltage excursion subject to the UVLS Program, within 12 calendar 
months of the event, to evaluate whether the UVLS Program resolved the 
undervoltage issues associated with the event. Requirement R5 requires 
a corrective action plan for any program deficiencies identified during 
an assessment performed under either Requirement R3 or R4, and provide 
an implementation schedule to UVLS entities within three calendar 
months of its completion.
    21. Pursuant to Requirement R6, a planning coordinator must update 
the data necessary to model its UVLS Program for use in event analyses 
and program assessments at least each calendar year. Requirement R7 
requires each UVLS entity to provide data to its planning coordinator, 
according to the planning coordinator's format and schedule, to support 
maintenance of the UVLS Program database. Requirement R8 requires a 
planning coordinator to provide its UVLS Program database to other 
planning coordinators and transmission planners within its 
Interconnection, and other functional entities with a reliability need, 
within 30 calendar days of a written request.
    22. NERC proposed an effective date for Reliability Standard PRC-
010-1 and the definition of UVLS Program of the first day of the first 
calendar quarter that is 12 months after the date that the standard and 
definition are approved by the Commission. NERC proposed to retire PRC-
010-0, PRC-020-1, PRC-021-1, and PRC-022-1 at midnight of the day 
immediately prior to the effective date of PRC-010-1.\29\ Further, NERC 
explained that Reliability Standard PRC-010-1 addresses reliability 
obligations that are set forth in Requirements R2, R4 and R7 of 
currently-effective Reliability Standard EOP-003-2.\30\ Since NERC has 
proposed to retire EOP-003-2 in the petition seeking approval of 
Reliability Standard EOP-011-1 (Docket No. RM15-7-00, discussed above), 
concurrent Commission action on the two petitions will prevent a 
possible reliability gap.
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    \29\ Id. Ex. B (Implementation Plan).
    \30\ Id. at 23.
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C. NERC RAS Petition--Revisions to the Definition of ``Remedial Action 
Scheme'' (Docket No. RM15-13-000)

    23. On February 3, 2015, NERC filed a petition seeking approval of 
a revised definition of Remedial Action Scheme in the NERC Glossary, as 
well as modified Reliability Standards that incorporate the new 
Remedial Action Scheme definition and eliminate use of the term Special 
Protection System, and the associated implementation plan.\31\ NERC 
stated that the defined terms Special Protection System and Remedial 
Action Scheme are currently used interchangeably throughout the NERC 
Regions and in various Reliability Standards. NERC explained that 
``[a]lthough these defined terms share a common definition in the NERC 
Glossary of Terms today, their use and application have been 
inconsistent as a result of a lack of granularity in the definition and 
varied regional uses of the terms. The proposed revisions add clarity 
and granularity that will allow for proper identification of Remedial 
Action Schemes and a more consistent application of related Reliability 
Standards.'' \32\
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    \31\ NERC RAS Petition at 1-2. NERC requested approval of the 
following Reliability Standards to incorporate the proposed 
definition of Remedial Action Scheme and eliminate use of the term 
Special Protection System: EOP-004-3, PRC-005-3(ii), PRC-023-4, FAC-
010-3, TPL-001-0.1(i), FAC-011-3, TPL-002-0(i)b, MOD-030-3, TPL-003-
0(i)b, MOD-029-2a, PRC-015-1, TPL-004-0(i)a, PRC-004-WECC-2, PRC-
016-1, PRC-001-1.1(i), PRC-005-2(ii), PRC-017-1. NERC did not 
propose any changes to the Violation Risk Factors or Violation 
Severity Levels for the modified standards.
    \32\ Id. at 4-5.
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    24. NERC explained that the revised Remedial Action Scheme 
definition consists of a ``core'' definition, including a list of 
objectives and a separate list of exclusions for certain schemes or 
systems not intended to be covered by the revised definition.\33\ NERC 
stated that a broad definition is needed because of ``all the possible 
scenarios an entity may develop'' for its Remedial Action Scheme and a 
``very specific, narrow definition may unintentionally exclude schemes 
that should be covered.'' \34\ Accordingly, NERC proposed the following 
revised ``core'' definition of Remedial Action Scheme:
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    \33\ Id. at 16. NERC noted that ``for each exclusion, the scheme 
or system could still classify as a Remedial Action Scheme if 
employed in a broader scheme that meets the definition of Remedial 
Action Scheme.''
    \34\ Id. at 17.

    A scheme designed to detect predetermined system conditions and 
automatically take corrective actions that may include, but are not 
limited to, adjusting or tripping generation (MW and Mvar), tripping 
load, or reconfiguring a System(s). (sic) RAS accomplish objectives 
such as:
     Meet requirements identified in the NERC Reliability 
Standards;
     Maintain Bulk Electric System (BES) stability;
     Maintain acceptable BES voltages;
     Maintain acceptable BES power flows;
     Limit the impact of Cascading or extreme events.

    The definition then lists fourteen exclusions, describing specific 
schemes and systems that do not constitute a Remedial Action Scheme, 
because each is either a protection function, a control function, a 
combination of both, or used for system configuration.\35\
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    \35\ Id. at 18.
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    25. In the implementation plan, NERC proposed an effective date for 
the revised Reliability Standards and the revised definition of 
Remedial Action Scheme on the first day of the first calendar quarter 
that is 12 months after Commission approval.\36\ NERC also proposed 
that, for entities with existing schemes that become newly classified 
as ``Remedial Action Schemes'' resulting from the application of the 
revised definition, the entities will have additional time of up to 24 
months from the effective date to be fully compliant with all 
applicable Reliability Standards.\37\ Further, NERC asked the 
Commission to take final action concurrently with the NERC petition on 
proposed Reliability Standard PRC-010-1 (Docket No. RM15-12-000) 
because ``[t]he proposed definitions of UVLS Program and Remedial 
Action Scheme in each project have been coordinated to cover centrally 
controlled UVLS as a Remedial Action Scheme. Final action by the 
Commission is needed

[[Page 73651]]

contemporaneously on both petitions to facilitate implementation and 
avoid a gap in coverage of centrally controlled UVLS.'' \38\
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    \36\ NERC RAS Petition, Ex. C (Implementation Plan) at 4.
    \37\ Id.
    \38\ NERC RAS Petition at 3-4.
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III. Notice of Proposed Rulemaking

    26. On June 18, 2015, the Commission issued a Notice of Proposed 
Rulemaking (NOPR) proposing to approve the Reliability Standards and 
NERC Glossary definitions set forth in NERC's three petitions 
pertaining to EOP-011-1, PRC-010-1 and a revised definition of Remedial 
Action Scheme as just, reasonable, not unduly discriminatory or 
preferential and in the public interest. \39\ The Commission also 
proposed to approve the related violation risk factors, violation 
severity levels and implementation plans.
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    \39\ Revisions to Emergency Operations Reliability Standards; 
Revisions to Undervoltage Load Shedding Reliability Standards; 
Revisions to the Definition of ``Remedial Action Scheme'' and 
Related Reliability Standards, Notice of Proposed Rulemaking, 80 FR 
36,293 (June 24, 2015), 151 FERC ] 61,230 (2015) (NOPR).
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    27. The Commission proposed to approve the retirement of 
Reliability Standards EOP-001-2.1b, EOP-002-3.1, EOP-003-2, PRC-010-0, 
PRC-020-1 and PRC-021-1. However, the Commission expressed concerns 
about whether it was appropriate to retire PRC-022-1 before a 
replacement Reliability Standard is approved and implemented to address 
the potential misoperation of UVLS equipment. Accordingly, the 
Commission proposed to deny NERC's request to retire Reliability 
Standard PRC-022-1 concurrent with the effective date of PRC-010-1.
    28. In the NOPR, the Commission stated that Reliability Standards 
EOP-011-1 and PRC-010-1 provide greater clarity and that the 
consolidation of currently-effective EOP and PRC standards provides 
additional efficiencies for responsible entities. The Commission also 
agreed with NERC that the new definition of Remedial Action Scheme will 
improve reliability by eliminating ambiguity and encouraging the 
consistent identification of Remedial Action Schemes and a more 
consistent application of related Reliability Standards.
    29. While the Commission proposed to approve Reliability Standard 
PRC-010-1, the Commission raised questions and sought clarification 
regarding an example of a ``BES subsystem'' that NERC provided in the 
``Guidelines for UVLS Program Definition.'' The Commission indicated 
that, depending on the response from NERC and others, a directive for 
further modification may be appropriate.\40\
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    \40\ NOPR, 151 FERC ] 61,230 at P 27.
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    30. In response to the NOPR, the Commission received comments from: 
NERC, Edison Electric Institute (EEI), Peak Reliability, Transmission 
Access Policy Study Group (TAPS), International Transmission Company 
(ITC), Louisville Gas and Electric Company and Kentucky Utilities 
Company (LG&E/KU) and Idaho Power Company (Idaho Power).

IV. Discussion

    31. Pursuant to FPA section 215(d)(2), we approve Reliability 
Standards EOP-011-1 and PRC-010-1, the revised definition of Remedial 
Action Scheme and NERC Glossary definitions, and associated violation 
risk factors and violation severity levels and implementation plans as 
just, reasonable, not unduly discriminatory or preferential and in the 
public interest. The Commission believes that the modified Reliability 
Standards provide greater clarity, and the consolidated EOP and PRC 
standards will provide additional efficiencies for responsible 
entities. We also determine that Reliability Standard EOP-011-1 
adequately addresses seven Order No. 693 directives, and that 
Reliability Standard PRC-010-1 establishes an integrated and 
coordinated approach to the design, evaluation and reliable operation 
of UVLS Programs, and therefore satisfies the Commission directive 
issued in Order No. 693.\41\ Further, we approve the retirement of 
certain Reliability Standards as identified by NERC.\42\
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    \41\ Order No. 693, FERC Stats & Regs. ] 31,242 at P 1509.
    \42\ As noted above, the Commission in Order No. 693 did not 
approve or remand proposed Reliability Standard PRC-020-1 but, 
rather, took no action on the Reliability Standard pending the 
receipt of additional information. Order No. 693, FERC Stats. & 
Regs. ] 31,242 at P 1555. Our approval of NERC's request renders 
PRC-020-1 ``retired,'' i.e., withdrawn, and no longer pending before 
the Commission.
---------------------------------------------------------------------------

    32. We discuss below the following issues raised in the NOPR and 
comments: (1) The deregistration of load-serving entities and 
Reliability Standard EOP-011-1; (2) the scheduling and scope of 
reliability coordinator reviews of Operating Plans under Reliability 
Standard EOP-011-1; (3) the retirement of Reliability Standard PRC-022-
1; (4) the term ``BES subsystem'' and related diagram in NERC's PRC 
Petition; and (5) other issues raised by commenters.

A. Reliability Standard EOP-011-1

1. The Deregistration of Load-Serving Entities
NOPR
    33. In the NOPR, while proposing to approve Reliability Standard 
EOP-011-1 and a new Energy Emergency definition, the Commission stated 
that the removal of load-serving entities from the Reliability Standard 
raises questions about who would perform the roles traditionally 
performed by load-serving entities.\43\ The NOPR explained that the 
Commission's decision concerning NERC's compliance filing in Docket No. 
RR15-4-000 related to NERC's Risk-Based Registration initiative would 
guide the Commission's action on this question in this proceeding.
---------------------------------------------------------------------------

    \43\ NOPR, 151 FERC ] 61,230 at P 24, n.36. Currently effective 
EOP-002-3.1 applies, inter alia, to load-serving entities. 
Reliability Standard EOP-011-1 replaces EOP-002-3.1, and applies to 
balancing authorities, reliability coordinators and transmission 
operators, but not load-serving entities.
---------------------------------------------------------------------------

Comments
    34. NERC, EEI, TAPS, ITC and Idaho Power support the Commission's 
proposed approval of Reliability Standard EOP-011-1. Further, NERC, EEI 
and TAPS state that excluding load-serving entities from the 
Reliability Standard will not create a reliability gap. NERC states 
that currently-effective Reliability Standard EOP-002-3.1 Requirement 
R9 is the only requirement in the three Reliability Standards being 
replaced by Reliability Standard EOP-011-1 that applies to load-serving 
entities. NERC explains that the North American Energy Standards Board 
(NAESB) has modified the process for E-tag specifications, removing the 
load-serving entities' role in making changes to the priority of 
transmission service requests. Therefore, the ``Standard Drafting Team 
did not incorporate Requirement R9 into Reliability Standard EOP-011-1, 
because Requirement R9 has become obsolete due to technological 
changes.'' \44\
---------------------------------------------------------------------------

    \44\ NERC Comments at 4.
---------------------------------------------------------------------------

    35. Additionally, NERC explains that, due to the Real-time nature 
of energy emergencies, balancing authorities and distribution providers 
will handle responsibilities related to Reliability Standard EOP-002-
3.1 that have been performed by load-serving entities. Referring to the 
Mapping Document and Application Guidelines for Reliability Standard 
EOP-011-1, NERC states that ``LSEs have no Real-time reliability

[[Page 73652]]

functionality with respect to EEAs [Energy Emergency Alerts].'' \45\
---------------------------------------------------------------------------

    \45\ Id. at 5-6.
---------------------------------------------------------------------------

    36. TAPS and EEI agree with NERC's analysis of the roles and 
responsibilities of load-serving entities and that excluding them will 
not create any reliability gaps. TAPS states that ``there is no 
reliability benefit to retaining EOP-002-3.1's Requirement R9, and thus 
no reliability risk from eliminating the LSE obligation to comply with 
it.'' \46\ EEI asserts that ``NERC is correct that `tasks currently 
assigned to the LSE function under NERC Reliability Standards would 
continue to be performed by other functions subject to currently 
applicable LSE Reliability Standard Requirements or by market 
participants (including LSEs) pursuant to existing tariffs, market 
rules, market protocols and other market agreements.' '' \47\ Regarding 
Operating Plans that transmission operators and balancing authorities 
are to develop under Reliability Standard EOP-011-1 Requirements R1 and 
R2, EEI states that ``it is clear that the responsible entities 
required to perform the activities attributed to the LSE function 
necessary to aid in arresting an Energy Emergency must be identified to 
ensure necessary mitigation can be accomplished in order to ensure 
reliable operation of the BES.'' \48\
---------------------------------------------------------------------------

    \46\ TAPS Comments at 4.
    \47\ EEI Comments at 5-6, quoting NERC's compliance filing in 
RR15-4-000 at 1.
    \48\ Id. at 6.
---------------------------------------------------------------------------

    37. LG&E/KU seeks clarification on two questions pertaining to the 
exclusion of load-serving entities from Reliability Standard EOP-011-1 
``to ensure that even if NERC's EOP proposal is accepted, [balancing 
authorities] will have a meaningful way of addressing any operational 
gaps with Energy Emergencies and LSEs.'' \49\ First, LG&E/KU seeks 
clarification that an Energy Emergency can be isolated to a load-
serving entity's inability to meet its own load obligations, as 
indicated in NERC's revised definition of Energy Emergency. Second, 
LG&E/KU seeks clarification that Operating Plans developed by balancing 
authorities may describe the role for load-serving entities in 
responding to an Energy Emergency, and may include such Operating Plans 
in applicable tariffs.
---------------------------------------------------------------------------

    \49\ LG&E/KU Comments at 2.
---------------------------------------------------------------------------

Commission Determination
    38. Consistent with our determination in the ``risk-based 
registration'' proceeding, we find that the elimination of load-serving 
entities from Reliability Standard EOP-011-1 will not prevent the 
Reliability Standard from achieving its stated purposes or otherwise 
create reliability gaps.\50\ We find that Reliability Standard EOP-011-
1 enhances reliability by requiring that actions necessary to mitigate 
capacity and energy emergencies are focused in single operating plans, 
and ensures communication and coordination among relevant entities 
during emergency operations. We are persuaded by NERC's explanation 
that excluding load-serving entities will not adversely impact 
reliability due to technological changes concerning NAESB tagging 
specifications, and that load-serving entities ``have no Real-time 
reliability functionality with respect to EEAs [Energy Emergency 
Alerts].'' \51\ Further, as both NERC and EEI have stated, ``tasks 
currently assigned to the LSE function under NERC Reliability Standards 
would continue to be performed by other functions subject to currently 
applicable LSE Reliability Standard Requirements or by market 
participants (including LSEs) pursuant to tariffs, market rules, market 
protocols and other market agreements.'' \52\
---------------------------------------------------------------------------

    \50\ See North American Electric Reliability Corp., 153 FERC ] 
61,024, at P 20 (2015) (RBR Compliance Order) (approving the 
proposed elimination of the load-serving entity function).
    \51\ NERC Comments at 5, quoting the EOP-011-1 Mapping Document 
and Application Guidelines.
    \52\ EEI Comments at 5-6.
---------------------------------------------------------------------------

    39. We disagree with LG&E/KU's suggestion that the reference to 
load-serving entities in NERC's revised definition of Energy Emergency 
indicates the possibility of an ``operational gap.'' NERC revises the 
definition of ``Energy Emergency,'' approved in this Final Rule, as 
``[a] condition when a Load-Serving Entity or Balancing Authority has 
exhausted all other resource options and can no longer meet its 
expected Load obligations.'' \53\ Based on a plain reading of this 
definition, we agree with LG&E/KU that a load-serving entity's 
inability to meet its own load obligations could result in an Energy 
Emergency. Moreover, consistent with our findings in the RBR Compliance 
Order, we agree with LG&E/KU that operating plans developed by 
balancing authorities--including operating plans contained in 
applicable tariffs--may describe the role for load-serving entities in 
responding to an Energy Emergency.\54\ EEI's observation regarding 
Reliability Standard EOP-011-1 Requirements R1 and R2 for transmission 
operators and balancing authorities to develop Operating Plans to 
mitigate Energy Emergencies reinforces this determination: ``[a]lthough 
these requirements do not specifically identify the `who' or `what' 
actions to be taken, it is clear that the responsible entities required 
to perform the activities attributed to the LSE function necessary to 
aid in arresting an energy emergency must be identified to ensure 
necessary mitigation can be accomplished in order to ensure reliable 
operation of the BES.'' \55\ Accordingly, we conclude that elimination 
of the load-serving entity function from Reliability Standard EOP-011-1 
does not result in an operational gap and, rather, provides a 
reasonable means of addressing Energy Emergencies.
---------------------------------------------------------------------------

    \53\ NERC EOP Petition, Ex. B (Implementation Plan) at 1.
    \54\ RBR Compliance Order, 153 FERC ] 61,024 at 21.
    \55\ EEI Comments at 6.
---------------------------------------------------------------------------

2. The Scheduling and Scope of Reliability Coordinator Reviews of 
Operating Plans
    40. Reliability Standard EOP-011-1, Requirement R3 obligates a 
reliability coordinator to review the Operating Plan(s) to mitigate 
operating emergencies submitted by a transmission operator or a 
balancing authority. Pursuant to Requirement R3.1, a reliability 
coordinator must, within 30 days of receipt, (i) review each Operating 
Plan for compatibility and inter-dependency with other transmission 
operator or balancing authority Operating Plans, (ii) review each 
Operating Plan for coordination to avoid risk to ``Wide Area'' 
reliability, and (iii) notify each transmission operator and balancing 
authority of the results of the review.
Comments
    41. Peak Reliability asserts that the ``inflexible'' 30 day period 
for reliability coordinator reviews of operating plans in Reliability 
Standard EOP-011-1 Requirement R3.1 is not reasonable. According to 
Peak Reliability, because transmission operators have an ``open ended'' 
opportunity to submit operating plans under the provision, reliability 
coordinators cannot schedule in advance the needed resources to perform 
a proper review in the 30-day window. Peak Reliability notes that, in 
its experience, many entities update their plans at the end of the 
year, creating a large spike in review work at that time. Peak 
Reliability, therefore, recommends revising Requirement R3.1 to include 
language requiring ``a mutually agreed predetermined schedule'' to 
ensure that the reliability coordinator can efficiently allocate its

[[Page 73653]]

resources and provide a thorough review of submitted operating 
plans.\56\
---------------------------------------------------------------------------

    \56\ Peak Reliability Comments at 6-7.
---------------------------------------------------------------------------

    42. Peak Reliability also seeks clarification regarding the scope 
of reliability coordinator review of operating plans, and whether a 
reliability coordinator must review each required element of an 
operating plan specified in Requirement R2 for ``compatibility and 
interdependency'' with other balancing authority and transmission 
operator operating plans, or ``evaluate these elements on a higher 
level.'' \57\ Peak Reliability asserts that the ``appropriate level of 
review'' by reliability coordinators is ``for coordination to avoid 
risk to Wide Area reliability.'' Based on this assertion, Peak 
Reliability recommends that Reliability Standard EOP-011-1 require 
balancing authorities and transmission operators to identify and 
coordinate possible operating plan discrepancies before submission for 
reliability coordinator review, as currently required under Reliability 
Standard EOP-001-2.1b Requirement R6.\58\
---------------------------------------------------------------------------

    \57\ Id. at 7.
    \58\ Id. at 7-8.
---------------------------------------------------------------------------

Commission Determination
    43. We are not persuaded by Peak Reliability's comments that the 30 
day review period in Requirement R3.1 is unduly onerous. No reliability 
coordinator other than Peak Reliability expressed concern about the 30 
day review period for operating plans in Requirement R3.1. NERC 
explains that transmission operators and balancing authorities must 
update their operating plans on an ``ongoing and as-needed basis.'' 
\59\ The need for registered entities to update operating plans to 
address evolving bulk electric system conditions should prevent 
reliability coordinators from being overwhelmed or unduly burdened by 
operating plan submissions. However, if Peak Reliability experiences an 
``end of the year spike in workload,'' \60\ as a reliability 
coordinator, Peak Reliability can adjust its resource allocation to 
accommodate such known ``spikes'' in activity. Accordingly, we conclude 
the 30 day review period in Requirement R3.1 is reasonable and reject 
Peak Reliability's recommendation for language requiring a ``mutually 
agreed predetermined schedule.''
---------------------------------------------------------------------------

    \59\ See NERC EOP Petition at 9.
    \60\ See Peak Reliability Comments at 5-6.
---------------------------------------------------------------------------

    44. Additionally, we believe that Peak Reliability's concern 
regarding the extent of reliability coordinator Operating Plan review 
for ``compatibility and interdependency'' under Reliability Standard 
EOP-011-1 Requirement 3.1.1 is misplaced. Based on the record before 
us, particularly the Standard Drafting Team's decision to require 
reliability coordinators to review rather than approve operating plans, 
and the ongoing nature of emergency planning, we conclude that 
Requirement R3.1.1 contemplates high level assessments focused on the 
coordination of operating plans between and among transmission 
operators and balancing authorities.\61\ Moreover, while Peak 
Reliability may request that NERC (e.g., through a standard 
authorization request or ``SAR'') include a provision in EOP-011-1 to 
require coordination among transmission operators and balancing 
authorities prior to submitting an operating plan for reliability 
coordinator review, we are not persuaded to direct NERC to develop such 
a provision.
---------------------------------------------------------------------------

    \61\ See NERC EOP Petition, Exhibit G (Summary of Development 
History and Complete Record of Development) at 1166 (the Standard 
Drafting Team indicates that the provision is intended to require 
the reliability coordinator review of deficiencies, inconsistencies 
or conflicts between operating plans that would cause further system 
degradation during emergency conditions).
---------------------------------------------------------------------------

B. Reliability Standard PRC-010-1

1. Retirement of Reliability Standard PRC-022-1
NOPR
    45. In the NOPR, while proposing to approve Reliability Standard 
PRC-010-1 and the retirement of PRC-010-0, PRC-020-1 and PRC-021-1, the 
Commission was not persuaded that Reliability Standard PRC-010-1, 
Requirement R4 is an adequate replacement for currently-effective PRC-
022-1, which contains requirements specifically addressing 
misoperations. Rather, the Commission proposed that Reliability 
Standard PRC-022-1 would remain in effect until an acceptable 
replacement Reliability Standard is in place to address the potential 
misoperation of UVLS equipment.
Comments
    46. NERC states that, on June 9, 2015, it filed proposed 
Reliability Standards PRC-010-2 and PRC-004-5 as part of its UVLS Phase 
II Petition (Project 2008-02.2), which includes requirements and 
applicability criteria related to UVLS misoperations.\62\ NERC explains 
that its filing requests that the Commission approve Reliability 
Standards PRC-004-5 and PRC-010-2 concurrently with the Commission's 
action on Reliability Standard PRC-010-1 ``to ensure an integrated and 
coordinated approach to UVLS Programs and fill the gap in Reliability 
Standard coverage that might be perceived through retirement of PRC-
022-1.'' \63\ EEI agrees, stating that NERC's filing of proposed 
Reliability Standards PRC-004-5 and PRC-010-2 address the Commission's 
concerns expressed in the NOPR.\64\
---------------------------------------------------------------------------

    \62\ Petition of the North American Electric Reliability 
Corporation for Approval of Proposed Reliability Standards PRC-004-5 
and PRC-010-2, (Docket No. RD15-5-000).
    \63\ NERC Comments at 8.
    \64\ EEI Comments at 7.
---------------------------------------------------------------------------

Commission Determination
    47. We agree with NERC and EEI that the Delegated Letter Order 
approval of Reliability Standards PRC-004-5 and PRC-010-2 in Docket No. 
RD15-5-000 concurrent with this Final Rule precludes the need to retain 
currently-effective Reliability Standard PRC-022-1.\65\ Accordingly, we 
find that Reliability Standard PRC-022-1 can be retired without 
creating a gap in coverage with regard to UVLS protective relay 
misoperations and equipment performance evaluations.
---------------------------------------------------------------------------

    \65\ See Delegated Letter Order issued November 19, 2915.
---------------------------------------------------------------------------

2. The Term ``BES Subsystem'' and Related Diagram
NOPR
    48. In the NOPR, the Commission sought clarification of the meaning 
of NERC's use of the term ``BES subsystem'' in a diagram illustrating a 
UVLS system that would not be included in the definition of UVLS 
Program if the consequences of the contingency do not impact the bulk 
electric system, and whether it would be considered a Remedial Action 
Scheme.\66\
---------------------------------------------------------------------------

    \66\ See NOPR, 151 FERC ] 61,230 at P 27 (including diagram).
---------------------------------------------------------------------------

Comments
    49. NERC comments that the term ``BES subsystem'' and accompanying 
diagram are ``intended to demonstrate that whether PRC-010-1 applies to 
a UVLS system depends on whether the UVLS system is used to mitigate 
undervoltage conditions impacting areas of the BES, leading to voltage 
instability, voltage collapse or Cascading.'' \67\ NERC also states 
that ``the term `BES subsystem' is a shorthand reference to an area of 
the BES that a Registered Entity is responsible for, consistent with 
its obligations under mandatory Reliability Standards. This reference 
does not revise the Commission-

[[Page 73654]]

approved definition of `Bulk Electric System' or create a new term.'' 
\68\
---------------------------------------------------------------------------

    \67\ NERC Comments at 6-7.
    \68\ Id. at 7.
---------------------------------------------------------------------------

    50. NERC explains that the diagram ``is not intended to necessarily 
illustrate a centrally controlled UVLS (considered a [Remedial Action 
Scheme]), but to illustrate how Registered Entities should evaluate 
whether the term UVLS Program and proposed Reliability Standard PRC-
010-1 applies to a UVLS system.'' \69\ NERC points out that, if a UVLS 
system in the ``BES subsystem'' is used to mitigate undervoltage 
conditions impacting the BES (leading to voltage instability, voltage 
collapse, or Cascading), the system would fall under the new definition 
of UVLS Program (or RAS if centrally controlled) and thus in the scope 
of Reliability Standard PRC-010-1.\70\
---------------------------------------------------------------------------

    \69\ Id.
    \70\ Id.
---------------------------------------------------------------------------

    51. EEI states that the example of ``BES subsystem'' in the 
``Guidelines for UVLS Program Definition'' does not represent a 
centrally controlled UVLS and therefore would not be considered a 
Remedial Action Scheme. EEI explains that the term UVLS Program ``is 
for a scheme that consists of distributed relays and controls, not for 
a scheme that is centrally controlled. The key point is that for a UVLS 
system to fall under the definition of Undervoltage Load Shedding 
Program, it must be used to protect the BES against voltage 
instability, voltage collapse, or Cascading.'' \71\ EEI also notes that 
the term ``BES subsystem'' is not intended to be a new NERC term, but 
rather ``was used in the example to illustrate a possible localized 
undervoltage contingency on a very small portion of the BES but not a 
contingency that impacts a larger area of the BES that could result in 
voltage instability, voltage collapse, or Cascading.'' \72\
---------------------------------------------------------------------------

    \71\ EEI Comments at 8.
    \72\ Id.
---------------------------------------------------------------------------

Commission Determination
    52. Based on the explanations provided above, we determine that a 
directive for further modification of the example of ``BES subsystem'' 
and related diagram in NERC's ``Guidelines for UVLS Program 
Definition'' to ensure consistency with the Commission-approved 
definition of ``bulk electric system'' proposed in the NOPR is not 
necessary. Rather, we are persuaded that EEI's concern with the diagram 
is addressed by NERC's explanation that, depending on the role of a 
particular UVLS system, the diagram could illustrate an example of a 
UVLS Program or a centrally-controlled Remedial Action Scheme.\73\
---------------------------------------------------------------------------

    \73\ Id.
---------------------------------------------------------------------------

C. Other Issues Raised By Commenters

1. Reliability Standard PRC-010-1--Applicability
    53. Peak Reliability asserts that Reliability Standard PRC-010-1 
``does not adequately address the operation of UVLS Programs, as it 
does not apply to the NERC functional entities that operate the Bulk 
Electric System,'' particularly, reliability coordinators, transmission 
operators, and balancing authorities.\74\ Peak Reliability contends 
that UVLS Programs should be included in operational planning and real-
time assessments, and that all entities responsible for operating the 
bulk electric system must be given access to UVLS Program 
databases.\75\ Further, Peak Reliability requests that the Commission 
direct NERC to explain why Reliability Standard PRC-010-1 and 
Reliability Standard IRO-009-1 apply to different functional entities 
(since the purpose of both is to prevent instability, uncontrolled 
separation or cascading outages), and recommends that the treatment of 
UVLS in operations planning and real-time assessments be addressed.\76\
---------------------------------------------------------------------------

    \74\ Peak Reliability Comments at 9.
    \75\ Id. at 9-10.
    \76\ Id. at 11-12.
---------------------------------------------------------------------------

    54. We are not persuaded by Peak Reliability's assertion that 
Reliability Standard PRC-010-1 should apply to reliability 
coordinators, transmission operators, and balancing authorities. 
Rather, as NERC explains ``[t]he applicability includes both the 
Planning Coordinator and Transmission Planner because either may be 
responsible for designing and coordinating the UVLS Program. 
Reliability Standard PRC-010-1 also applies to Distribution Providers 
and Transmission Owners responsible for the ownership, operation and 
control of UVLS equipment as required by the UVLS Program established 
by the Transmission Planner and Planning Coordinator.'' \77\ As NERC's 
rationale above indicates, the applicability section of the Reliability 
Standard identities the functional entities responsible for the design, 
operation and control of UVLS Programs and related equipment.
---------------------------------------------------------------------------

    \77\ NERC EOP Petition at 15, and id. Ex. D (Order No. 672 
Criteria) at 2-3.
---------------------------------------------------------------------------

    55. While Peak Reliability seeks to expand applicability to 
functional entities so that UVLS Program databases would be shared with 
reliability coordinators, transmission operators, and balancing 
authorities, we believe that this need to expand applicability is 
unfounded. Reliability Standard PRC-010-1, Requirement R8, provides 
that other functional entities with a reliability need can request UVLS 
data, and that such requests must be answered in 30 days.
    56. Nor are we persuaded by Peak Reliability's argument that UVLS 
programs should be considered in operations planning and real-time 
operations. We understand that Peak Reliability refers to the 
consideration of UVLS programs in the derivation of Interconnection 
Reliability Operating Limits (IROLs) for Category B contingencies as 
defined in the currently-effective transmission planning standard TPL-
002-0b (commonly known as N-1 contingencies under normal system 
operation).\78\ With this understanding, we disagree with Peak 
Reliability on the relevance of using UVLS in the derivation of IROLs 
for N-1 contingencies. The 2003 Canada-United States Blackout Report 
stated that ``[s]afety nets should not be relied upon to establish 
transfer limits.'' \79\ This statement is consistent with the 
performance criteria established in TPL-002-0b and TPL-001-4, which 
generally prohibit the loss of non-consequential load for certain N-1 
contingencies.\80\ We conclude that UVLS programs under PRC-010-1 are 
examples of such ``safety nets'' and should not be tools used by bulk 
electric system operators to calculate operating limits for N-1 
contingencies. Likewise, with this understanding, there is no 
imperative to make PRC-010-1 applicable to reliability coordinators, 
transmission operators, and balancing authorities.
---------------------------------------------------------------------------

    \78\ The Commission-approved Version 4 standard, TPL-001-4, will 
replace TPL-002-0b on January 1, 2016. See Transmission Planning 
Reliability Standards, Order No. 786, 145 FERC ] 61,051 (2013).
    \79\ 2003 Blackout Report at 109.
    \80\ See TPL-002-0b, Table 1, footnote b and TPL-001-4, Table 1, 
Footnote 12.
---------------------------------------------------------------------------

    57. Peak Reliability comments that Reliability Standard PRC-010-1 
``creates some confusion of the applicability of UVLS Programs due to 
the similarities, and apparent overlap, in the definitions of UVLS 
Programs and IROLs.'' \81\ We disagree. Peak Reliability's comparison 
of UVLS Programs with establishing and operating within IROLs is 
misplaced because UVLS Programs and IROLs represent separate and 
distinct approaches to system security. UVLS Programs act as safety 
nets for contingencies more severe than N-1 contingencies, such as the 
simultaneous

[[Page 73655]]

loss of two single circuits or a double-circuit line which are both 
Category C contingencies permitting loss of non-consequential firm 
load.\82\ In contrast, the NERC Glossary defines IROLs as ``[a] System 
Operating Limit that, if violated, could lead to instability, 
uncontrolled separation, or cascading outages that adversely impact the 
reliability of the Bulk Electric System.'' This corresponds with the 
TPL-004-1 provisions requiring that the system must remain stable when 
experiencing an N-1 contingency (such as Category B or P1 
contingencies).\83\ In sum, we disagree with Peak Reliability's premise 
regarding similarities, and overlaps, in the definition of UVLS 
programs and IROLs.
---------------------------------------------------------------------------

    \81\ Peak Reliability Comments at 11.
    \82\ The TPL Standards require that the system remain stable and 
that cascading and uncontrolled islanding shall not occur for any 
Category B or C contingency (i.e., currently-effective TPL 
Standards, N-1 and N-2 contingencies) or for any Category P1 through 
P7 contingency (i.e., TPL-001-4, N-1 and N-2 contingencies.) See 
Table 1 of any of the TPL Standards.
    \83\ See TPL Standards, Table 1.
---------------------------------------------------------------------------

2. Reliability Standard PRC-010-1 --Appropriate Level of Detail in UVLS 
Program Assessment
    58. Reliability Standard PRC-010-1, Requirements R3, R4, and R5 
obligate planning coordinators and transmission planners to perform an 
assessment of their UVLS program in various circumstances. Idaho Power 
contends that Reliability Standard PRC-010-1, Requirements R3, R4, and 
R5, do not ``specifically state what must be included in the 
assessment, as was included in PRC-022-1 R1.1-4'' and, therefore, do 
not sufficiently explain what applicable entities must include in UVLS 
Program assessments.\84\
---------------------------------------------------------------------------

    \84\ Idaho Power Comments at 2.
---------------------------------------------------------------------------

    59. We disagree with Idaho Power. Reliability Standard PRC-022-1 
requires applicable entities to ``analyze and document all UVLS 
operations and misoperations,'' and specifically mentions set points 
and tripping times and a summary of the findings. In contrast, 
Reliability Standard PRC-010-1 Requirement R3, requires planning 
coordinators and transmission planners to perform comprehensive 
assessments of their UVLS Programs at least once every 5 years. Each 
assessment ``shall include, but is not limited to, studies and analyses 
that evaluate whether . . . the UVLS Program resolves the identified 
undervoltage issues for which the UVLS Program is designed [and] the 
UVLS Program is integrated through coordination with generator voltage 
ride-through capabilities and other protection and control systems.'' 
Requirement R4 requires applicable entities to assess whether UVLS 
programs resolve undervoltage issues associated with voltage excursions 
triggering UVLS programs. Pursuant to Requirement R5, planning 
coordinators and transmission planners must develop a corrective action 
plan to address UVLS program deficiencies identified during assessments 
performed under Requirements R3 and R4. We conclude that the 
comprehensive nature of the assessments required under Reliability 
Standard PRC-010-1 is sufficient, and precludes the need to include the 
specific items listed in PRC-022-1, Requirement R1.
3. Definition of Special Protection System
    60. ITC supports the approval of the revised definition of Remedial 
Action Scheme. ITC points out that NERC proposes to move to a single 
definition, Remedial Action Scheme, to eliminate the use of two terms, 
i.e., Special Protection System.\85\ Thus, ITC requests that the 
Commission direct NERC to remove the definition of Special Protection 
System from the NERC Glossary to eliminate any potential for confusion.
---------------------------------------------------------------------------

    \85\ ITC Comment at 3.
---------------------------------------------------------------------------

    61. We deny ITC's request that the Commission direct NERC to remove 
the definition of ``Special Protection System'' from the NERC Glossary. 
In its RAS Petition, NERC states that it ``will continue to modify the 
NERC Reliability Standards until all of them reference only the defined 
term Remedial Action Scheme. At that time, the definition of Special 
Protection System will be retired.'' \86\ We are satisfied with NERC's 
approach of retiring the term ``Special Protection System'' once the 
Reliability Standards are fully updated to reference the revised 
definition of Remedial Action Scheme.
---------------------------------------------------------------------------

    \86\ NERC RAS Petition at 5.
---------------------------------------------------------------------------

V. Information Collection Statement

    62. The collection of information contained in this Final Rule 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).\87\ OMB's regulations require approval of certain 
informational collection requirements imposed by agency rules.\88\ 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.
---------------------------------------------------------------------------

    \87\ 44 U.S.C. 3507(d).
    \88\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    63. The Commission is submitting these reporting and recordkeeping 
requirements to OMB for its review and approval under section 3507(d) 
of the PRA. The NOPR solicited comments on the Commission's need for 
this information, whether the information will have practical utility, 
the accuracy of the provided burden estimate, ways to enhance the 
quality, utility, and clarity of the information to be collected, and 
any suggested methods for minimizing the respondent's burden, including 
the use of automated information techniques. No comments were received.

A. Proposed Reliability Standard EOP-011-1

    64. Public Reporting Burden: As of March 2015, there are 105 
balancing authorities, 11 reliability coordinators and 329 transmission 
operators registered with NERC. These registered entities will have to 
comply with 6-8 new requirements in the new proposed Reliability 
Standard EOP-011-1. As proposed, each registered balancing authority 
will have to comply with Requirements R2, R4, and, under certain 
circumstances, R5. Each reliability coordinator will have to comply 
with Requirements R1 and its subparts, R2 and its subparts, R3 and its 
subparts, R5 and R6. Each transmission operator will have to comply 
with Requirements R1 and its subparts and R4.
    65. Reliability Standard EOP-011-1 replaces a combined total of 40 
requirements or subparts that are found in Reliability Standards EOP-
001-2.1b, EOP-003.1 and EOP-003-2. These three Reliability Standards 
are to be retired, concurrent with the effective date of Reliability 
Standard EOP-011-1. Accordingly, the requirements in Reliability 
Standard EOP-011-1 do not create any new burdens for applicable 
balancing authorities or transmission operators because the 
requirements in Reliability Standard EOP-011-1 are already burdens or 
tasks imposed on this set of registered entities by Reliability 
Standards EOP-001-2.1b, EOP-003.1 and EOP-003-2 under FERC-725A (1902-
0244).
    66. Reliability Standard EOP-011-1 requires reliability 
coordinators to perform the additional tasks of reviewing, correcting, 
and coordinating their balancing authorities' and transmission 
operators' operating procedures for emergency conditions. The 
Commission estimates that this will add approximately 1,500 man-hours 
per

[[Page 73656]]

year for each reliability coordinator as described in detail in the 
following table:

                                      RM15-7-000 (Mandatory Reliability Standards: Reliability Standard EOP-011-1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Average
                                                         Number of      Annual  number                       burden       Total annual
                                                         applicable     of  responses   Total number of    (hours) and    burden hours       Cost per
                                                         registered    per  respondent     responses        cost per        and total    respondent  ($)
                                                          entities                                          response       annual cost
                                                                 (1)              (2)   (1) * (2) = (3)             (4)     (3) * (4) =       (5) / (1)
                                                                                                                                    (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
RC tasks necessary for EOP-011-1 compliance.........              11                1               21            1,500          16,500         $92,387
                                                                                                           \89\ $92,387      $1,016,257
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Proposed Reliability Standard PRC-010-1

    Public Reporting Burden: As of April 2015, there are 467 registered 
distribution providers and 50 transmission providers that are not 
overlapping in their registration with the distribution provider 
registration. We estimate that five percent of all distribution 
providers (23) and transmission providers (3) have under voltage load 
shedding programs that fall under the Reliability Standard. The 
Reliability Standard is applicable to planning coordinators and 
transmission planners, distribution providers, and transmission owners. 
However, only distribution providers and transmission owners would be 
responsible for the incremental compliance burden under Reliability 
Standard PRC-010-1, Requirement R2, as described in detail in the 
following table:
---------------------------------------------------------------------------

    \89\ The 1,500 hour figure is broken into 1300 hours at the 
engineer wage rate and 200 hours at the clerk wage rate. These 
estimates assume that the engineer's wage rate will be $66.35 and 
the clerk's wage rate will be $30.66. These figures are taken from 
the Bureau of Labor Statistics at http://www.bls.gov/oes/current/naics2_22.htm; Occupation Code: 17-2071 (engineer) and 43-4071 
(clerk).

                                   RM15-12-000 (Mandatory Reliability Standards: Reliability Standard PRC-010-1) \90\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Average
                                                             Number of    Annual  number                      burden       Total annual      Cost per
                                                            applicable     of  responses   Total number     (hours) and    burden hours     respondent
                                                            registered          per        of responses      cost per        and total          ($)
                                                             entities       respondent                       response       annual cost
                                                                     (1)             (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                                                                     (3)                             (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
DP--Requirement 2.......................................              23               1              23         \91\ 36             828           1,960
                                                                                                               $1,960.32      $45,087.36
TP--Requirement 2.......................................               3               1               3         \92\ 36             108           1,960
                                                                                                               $1,960.32       $5,880.96
DP--R2 Data Retention...................................              23               1              23              12             276             368
                                                                                                            \93\ $367.92       $8,462.16
TP--R2 Data Retention...................................               3               1               3              12              36             368
                                                                                                                 $367.92       $1,103.76
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............      $60,534.24  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

C. Remedial Action Scheme Revisions

    67. Public Reporting Burden: The Commission approved the definition 
of Special Protection System (Remedial Action Scheme) in Order No. 693. 
We approve a revision to the previously approved definition. The 
revisions to the Remedial Action Scheme definition and related 
Reliability Standards are not expected to result in changes to the 
scope of systems covered by the Reliability Standards and other 
Reliability Standards that include the term Remedial Action Scheme. 
Therefore, the Commission does not expect the revisions to affect 
applicable entities' current reporting burden.
---------------------------------------------------------------------------

    \90\ DP = distribution provider and TP = transmission provider.
    \91\ The 36 hour figure is broken into 24 hours at the engineer 
wage rate and 12 hours at the clerk wage rate. These estimates 
assume that the engineer's wage rate will be $66.35 and the clerk's 
wage rate will be $30.66. These figures are taken from the Bureau of 
Labor Statistics at http://www.bls.gov/oes/current/naics2_22.htm; 
Occupation Code: 17-2071 (engineer) and 43-4071 (clerk).
    \92\ Id.
    \93\ Clerk's wage rate is used for managing data retention.
---------------------------------------------------------------------------

    FERC-725G4, Mandatory Reliability Standards: Reliability Standard 
PRC-010-1 (Undervoltage Load Shedding).
    FERC-725S, Mandatory Reliability Standards: Reliability Standard 
EOP-011-1 (Emergency Operations).
    Action: Proposed Collection of Information.
    OMB Control No: OMB Control No. 1902-0270 (FERC-725S); OMB Control 
No. 1902-XXXX (FERC-725G4).
    Respondents: Business or other for-profit and not-for-profit 
institutions.
    Frequency of Responses: One time and on-going.
    Necessity of the Information: The revision to NERC's definition of 
the term bulk electric system implements 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 Reliability Standards consolidate, 
streamline and clarify the existing requirements of certain currently-
effective Emergency Preparedness and Operations and

[[Page 73657]]

Protection and Control Reliability Standards.
    68. Internal review: The Commission has reviewed the requirements 
pertaining to Reliability Standards PRC-010-1 and EOP-011-1 and made a 
determination that the requirements of these Reliability Standards 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.
    69. 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].
    70. Comments concerning the information collections in this Final 
Rule 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 Final Rule (Docket Nos. RM15-13-000, RM15-12-
000, and RM15-7-000) in your submission.

VI. Regulatory Flexibility Act Certification

    71. The Regulatory Flexibility Act of 1980 (RFA) \94\ generally 
requires a description and analysis of Proposed Rules that will have 
significant economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \94\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

    72. Reliability Standard EOP-011-1 is expected to impose an 
additional burden on 11 entities (reliability coordinators). The 
remaining 434 entities (balancing authorities and transmission 
operators and a combination thereof) will maintain the existing levels 
of burden. Comparison of the applicable entities with FERC's small 
business data indicates that approximately 7 of the 11 entities are 
small entities, or 63.63 percent of the respondents affected by this 
Reliability Standard.\95\
---------------------------------------------------------------------------

    \95\ 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 are using a 500 employee threshold for each affected entity. Each 
entity is classified as Electric Bulk Power Transmission and Control 
(NAICS code 221121).
---------------------------------------------------------------------------

    73. On average, each small entity affected may have a one-time cost 
of $92,387 representing a one-time review of the program for each 
entity, consisting of 1,500 man-hours at $66.35/hour (for engineer 
wages) and $30.66/hour (for record clerks), as explained above in the 
information collection statement.
    74. Reliability Standard PRC-010-1 is expected to impose an 
additional burden on 26 entities (distribution providers and 
transmission providers or a combination thereof). Comparison of the 
applicable entities with FERC's small business data indicates that 
approximately 8 of the 26 entities are small entities, or 30.77 percent 
of the respondents affected by this Reliability Standard.
    75. On average, each small entity affected may have a cost of 
$1,960, representing a one-time review of the program for each entity, 
consisting of 36 man-hours at $66.35/hour (for engineer wages) and 
$30.66/hour (for record clerks), as explained above in the information 
collection statement. Regarding the revisions to the Remedial Action 
Scheme definition and the related Reliability Standards including the 
revised definition, as discussed above, the Commission estimates that 
proposals will have no cost impact on applicable entities, including 
any small entities.
    76. The Commission estimates that Reliability Standards EOP-011-1 
and PRC-010-1 in this Final Rule impose an additional burden on a total 
of 37 entities. FERC's small business data indicates that 15 of the 37 
respondents are small entities, or 40.54 percent of the respondents 
affected by these proposed Reliability Standards. On average, each 
small entity affected may have a cost of $92,387 and $1,960 (EOP-011-1 
and PRC-010-1 respectively), representing a one-time review of the 
program for each entity. We do not consider these costs to be a 
significant economic impact on small entities. Accordingly, the 
Commission certifies that Reliability Standards EOP-011-1 and PRC-010-1 
will not have a significant economic impact on a substantial number of 
small entities.

VII. Environmental Analysis

    77. 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.\96\ 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.\97\ The actions proposed 
herein fall within this categorical exclusion in the Commission's 
regulations.
---------------------------------------------------------------------------

    \96\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \97\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

VIII. Document Availability

    78. 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.
    79. 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.
    80. 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].

IX. Effective Date and Congressional Notification

    81. This Final Rule is effective January 25, 2016. The Commission 
has determined, with the concurrence of the Administrator of the Office 
of Information and Regulatory Affairs of OMB, that this rule is not a 
``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement

[[Page 73658]]

Fairness Act of 1996.\98\ The Commission will submit the final rule to 
both houses of Congress and to the General Accountability Office.
---------------------------------------------------------------------------

    \98\ See 5 U.S.C. 804(2).

---------------------------------------------------------------------------
    By the Commission.

    Issued: November 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-29971 Filed 11-24-15; 8:45 am]
 BILLING CODE 6717-01-P



                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                        73647

                                                List of Subjects in 7 CFR Part 989                      SUPPLEMENTARY INFORMATION:       In the rule          SUMMARY:   The Commission approves
                                                  Grapes, Marketing agreements,                         that is the subject of this correction, the           Reliability Standards and definitions of
                                                Raisins, Reporting and recordkeeping                    Agency revised 7 CFR 1956.101 as                      terms submitted in three related
                                                requirements.                                           intended, but the Agency inadvertently                petitions by the North American Electric
                                                                                                        did not make the correct conforming                   Reliability Corporation (NERC), the
                                                  For the reasons set forth in the                      change in 7 CFR 1956.147. To correct                  Commission-approved Electric
                                                preamble, 7 CFR part 989 is amended as                  this oversight, the Agency is ‘‘reserving’’           Reliability Organization. The
                                                follows:                                                7 CFR 1956.147 in its entirety. This                  Commission approves Reliability
                                                PART 989—RAISINS PRODUCED                               correction has no substantive effect on               Standards EOP–011–1 (Emergency
                                                FROM GRAPES GROWN IN                                    how debts are settled under this part.                Operations) and PRC–010–1
                                                CALIFORNIA                                                                                                    (Undervoltage Load Shedding). The
                                                                                                        Need for Correction
                                                                                                                                                              proposed Reliability Standards
                                                ■ 1. The authority citation for 7 CFR                     As published, the text that remains in              consolidate, streamline and clarify the
                                                part 989 continues to read as follows:                  7 CFR 1956.147 after the March 13,                    existing requirements of certain
                                                                                                        2015, rule may be misleading and cause                currently-effective Emergency
                                                    Authority: 7 U.S.C. 601–674.
                                                                                                        confusion as a result of the changes                  Preparedness and Operations (EOP) and
                                                ■ 2. Section 989.347 is revised to read                 made to 7 CFR 1956.101 in the March                   Protection and Control (PRC) standards.
                                                as follows:                                             13, 2015, rule.                                       The Commission also approves NERC’s
                                                                                                        List of Subjects in 7 CFR Part 1956                   revised definition of the term Remedial
                                                § 989.347    Assessment rate.
                                                                                                                                                              Action Scheme as set forth in the NERC
                                                  On and after August 1, 2015, an                         Loan programs—agriculture, Loan                     Glossary of Terms Used in Reliability
                                                assessment rate of $17.00 per ton is                    programs—housing and community                        Standards, and modifications of
                                                established for assessable raisins                      development.                                          specified Reliability Standards to
                                                produced from grapes grown in                             Accordingly, 7 CFR 1956.147 is                      incorporate the revised definition.
                                                California.                                             corrected by making the following                     Further, the Commission approves the
                                                  Dated: November 20, 2015.                             correcting amendment:                                 implementation plans, and the
                                                Rex A. Barnes,                                                                                                retirement of certain currently-effective
                                                Associate Administrator, Agricultural                   PART 1956—DEBT SETTLEMENT                             Reliability Standards.
                                                Marketing Service.                                                                                            DATES: This rule will become effective
                                                                                                        ■ 1. The authority citation for part 1956
                                                [FR Doc. 2015–30013 Filed 11–24–15; 8:45 am]                                                                  January 25, 2016.
                                                                                                        continues to read as follows:
                                                BILLING CODE P                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                          Authority: 5 U.S.C. 301; and 7 U.S.C.               Juan Villar (Technical Information),
                                                                                                        1989.                                                   Office of Electric Reliability, Federal
                                                DEPARTMENT OF AGRICULTURE                               § 1956.147    [Removed and Reserved]                    Energy Regulatory Commission, 888
                                                                                                                                                                First Street NE., Washington, DC
                                                Rural Housing Service                                   ■   2. Remove and reserve § 1956.147.                   20426, (772) 678–6496,
                                                                                                          Dated: November 12, 2015.                             Juan.Villar@ferc.gov.
                                                Rural Business-Cooperative Service                      Lisa Mensah,                                          Nick Henery (Technical Information),
                                                                                                        Under Secretary, Rural Development.                     Office of Electric Reliability, Federal
                                                Rural Utilities Service                                                                                         Energy Regulatory Commission, 888
                                                                                                          Dated: November 17, 2015.
                                                                                                                                                                First Street NE., Washington, DC
                                                Farm Service Agency                                     Michael Scuse,
                                                                                                                                                                20426, (202) 502–8636,
                                                                                                        Under Secretary, Farm and Foreign
                                                                                                                                                                Nick.Henery@ferc.gov.
                                                7 CFR Part 1956                                         Agricultural Services.
                                                                                                                                                              Mark Bennett (Legal Information), Office
                                                                                                        [FR Doc. 2015–29781 Filed 11–24–15; 8:45 am]
                                                RIN 0570–AA88                                                                                                   of the General Counsel, Federal
                                                                                                        BILLING CODE 3410–XY–P                                  Energy Regulatory Commission, 888
                                                Rural Development Loan Servicing;                                                                               First Street NE., Washington, DC
                                                Correction                                                                                                      20426, (202) 502–8524,
                                                                                                        DEPARTMENT OF ENERGY                                    Mark.Bennett@ferc.gov.
                                                AGENCY:   Rural Housing Service, Rural
                                                                                                        Federal Energy Regulatory                             SUPPLEMENTARY INFORMATION:
                                                Business-Cooperative Service, Rural
                                                Utilities Service, and Farm Service                     Commission                                            Order No. 818
                                                Agency USDA.                                                                                                  Final Rule
                                                ACTION: Direct final rule; correction.                  18 CFR Part 40
                                                                                                        [Docket Nos. RM15–7–000, RM15–12–000,                 (Issued November 19, 2015)
                                                SUMMARY:    This document contains                      and RM15–13–000 Order No. 818]                          1. Pursuant to section 215 of the
                                                corrections to the published rule in the
                                                Federal Register of March 13, 2015,                                                                           Federal Power Act (FPA),1 the
                                                                                                        Revisions to Emergency Operations                     Commission approves Reliability
                                                entitled ‘‘Rural Development Loan                       Reliability Standards; Revisions to
                                                Servicing.’’                                                                                                  Standards and definitions of terms
                                                                                                        Undervoltage Load Shedding                            submitted in three related petitions by
                                                DATES:   Effective November 25, 2015.                   Reliability Standards; Revisions to the               the North American Electric Reliability
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                                                FOR FURTHER INFORMATION CONTACT:                        Definition of ‘‘Remedial Action                       Corporation (NERC), the Commission-
                                                Melvin Padgett, Rural Development,                      Scheme’’ and Related Reliability                      approved Electric Reliability
                                                Business Programs, U.S. Department of                   Standards                                             Organization (ERO). In particular, the
                                                Agriculture, 1400 Independence Avenue                   AGENCY:  Federal Energy Regulatory                    Commission approves Reliability
                                                SW., STOP 3226, Washington, DC                          Commission, Department of Energy.                     Standards EOP–011–1 (Emergency
                                                20250–3225; telephone (202) 720–1495;
                                                                                                        ACTION: Final rule.
                                                email melvin.padgett@wdc.usda./gov.                                                                             1 16   U.S.C. 824o.



                                           VerDate Sep<11>2014   15:12 Nov 24, 2015   Jkt 238001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\25NOR1.SGM     25NOR1


                                                73648        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                Operations) and PRC–010–1                               protection systems.6 In Order No. 693,                     8. Reliability Standard EOP–011–1
                                                (Undervoltage Load Shedding). The                       the Commission approved the NERC                        includes six requirements, and is
                                                Commission finds that the Reliability                   Glossary, including NERC’s currently-                   applicable to balancing authorities,
                                                Standards consolidate, streamline, and                  effective Special Protection System and                 reliability coordinators and
                                                clarify the existing requirements of                    Remedial Action Scheme definitions.                     transmission operators. Requirement R1
                                                several currently-effective Emergency                                                                           requires transmission operators to
                                                                                                        II. NERC Petitions
                                                Preparedness and Operations (EOP) and                                                                           develop, maintain and implement
                                                Protection and Control (PRC) standards,                    5. NERC submitted three related                      reliability coordinator-reviewed
                                                and address certain Commission                          petitions that we address together in                   operating plans to mitigate operating
                                                directives set forth in Order No. 693.2                 this Final Rule.7                                       emergencies in its ‘‘transmission
                                                  2. Further, the Commission approves                   A. NERC EOP Petition—Reliability                        operating area.’’ 12 Requirement R1
                                                NERC’s revised definition of the term                   Standard EOP–011–1 (Docket No.                          provides that, ‘‘as applicable,’’ operating
                                                Remedial Action Scheme as set forth in                  RM15–7–000)                                             plans must: (1) Describe the roles and
                                                the NERC Glossary of Terms Used in                                                                              responsibilities for activating the
                                                Reliability Standards (NERC Glossary),                    6. On December 29, 2014, NERC filed                   operating plan; and (2) include
                                                and modifications of specified                          a petition seeking Commission approval                  processes to prepare for and mitigate
                                                Reliability Standards to incorporate the                of Reliability Standard EOP–011–1, a                    emergencies, such as Reliability
                                                revised definition. Also, the                           revised definition of ‘‘Energy                          Coordinator notification, transmission
                                                Commission approves the associated                      Emergency’’ and the associated                          system reconfiguration, and redispatch
                                                implementation plans and assigned                       violation risk factors and violation                    of generation. NERC explained that
                                                violation risk factors and violation                    severity levels, effective date and                     Requirement R1 uses the phrase ‘‘as
                                                severity levels for Reliability Standard                implementation plan. NERC stated that                   applicable’’ to provide ‘‘flexibility to
                                                EOP–011–1 and Reliability Standard                      the purpose of Reliability Standard                     account for regional differences and pre-
                                                PRC–010–1, as well as the retirement of                 EOP–011–1 is ‘‘to address the effects of                existing methods for mitigating
                                                certain currently-effective Reliability                 operating Emergencies by ensuring each                  emergencies.’’ 13 NERC added that an
                                                Standards.                                              Transmission Operator and Balancing                     entity’s decision to omit an element as
                                                                                                        Authority has developed Operating                       not ‘‘applicable’’ must include an
                                                I. Background                                           Plans to mitigate operating Emergencies,                explanation in its plan. NERC further
                                                   3. Section 215 of the FPA requires a                 and that those plans are coordinated                    explained that the requirement for
                                                Commission-certified ERO to develop                     within a Reliability Coordinator area.’’ 8              transmission operators to maintain
                                                mandatory and enforceable Reliability                   NERC explained that Reliability                         operating plans includes the expectation
                                                Standards, subject to Commission                        Standard EOP–011–1 consolidates the                     that the plans are current and up-to-
                                                review and approval. Once approved,                     requirements of three existing                          date.14
                                                the Reliability Standards may be                        standards: EOP–001–2.1b, EOP–002–3.1                       9. Requirement R2 requires balancing
                                                enforced by the ERO subject to                          and EOP–003–2 ‘‘into a single                           authorities to develop, maintain and
                                                Commission oversight or by the                          Reliability Standard that clarifies the                 implement reliability coordinator-
                                                Commission independently. In 2006,                      critical requirements for Emergency                     reviewed operating plans to mitigate
                                                the Commission certified NERC as the                    Operations while ensuring strong                        capacity and energy emergencies in its
                                                ERO pursuant to FPA section 215.3                       communication and coordination across                   ‘‘balancing authority area.’’ Similar to
                                                   4. On March 16, 2007, the                            the functional entities.’’ 9 NERC also                  the operating plans developed by
                                                Commission issued Order No. 693,                        asserted that Reliability Standard EOP–                 transmission operators pursuant to the
                                                approving 83 of the 107 Reliability                     011–1 satisfies seven Commission                        first requirement, the elements of the
                                                Standards filed by NERC, including                      directives set forth in Order No. 693.10                operating plans developed by balancing
                                                initial versions of EOP–001, EOP–002,                     7. NERC noted that Reliability                        authorities allow for flexibility,
                                                and EOP–003.4 In addition, the                          Standard EOP–011–1, Requirements R2                     provided an explanation is provided for
                                                Commission directed NERC to develop                     and R6 incorporate Attachment 1,                        omitted elements.15
                                                certain modifications to the EOP                        which describes three Energy                               10. Requirement R3 requires
                                                standards. In Order No. 693, the                        Emergency levels used by the reliability                reliability coordinators to review the
                                                Commission also approved several                        coordinator and the process for                         operating plans submitted by
                                                Undervoltage Load Shedding (UVLS)-                      communicating the condition of a                        transmission operators and balancing
                                                related Reliability Standards, including                balancing authority experiencing an                     authorities and is designed to ensure
                                                PRC–010–0, PRC–021–1 and PRC–022–                       Energy Emergency.11                                     that there is appropriate coordination of
                                                1.5 Further, the Commission directed                                                                            reliability risks identified in the
                                                                                                          6 Id.   P 1509.
                                                NERC to modify Reliability Standard                                                                             operating plans. In reviewing operating
                                                                                                          7 Reliability Standards EOP–011–1 and PRC–010–
                                                PRC–010–0 to develop an ‘‘integrated                                                                            plans, reliability coordinators shall
                                                                                                        1 are not attached to this Final Rule, nor are the
                                                and coordinated’’ approach to all                       additional Reliability Standards that NERC              consider compatibility, coordination
                                                                                                        proposes to modify to incorporate the term
                                                  2 Mandatory Reliability Standards for the Bulk-       Remedial Action Scheme. The Reliability Standards       but maintains minimum contingency reserve
                                                Power System, Order No. 693, FERC Stats. and Regs.      are available on the Commission’s eLibrary              requirements); and Energy Emergency Alert Level 3
                                                ¶ 31,242, order on reh’g, Order No. 693–A, 120          document retrieval system in the identified dockets     (firm load interruption is imminent or in process,
                                                FERC ¶ 61,053 (2007).                                   and on the NERC Web site, www.nerc.com.                 energy deficient balancing authority unable to
                                                  3 North American Electric Reliability Corp., 116        8 NERC EOP Petition at 2.                             maintain minimum contingency reserve
                                                FERC ¶ 61,062, order on reh’g & compliance, 117           9 Id. at 3.                                           requirements).
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                                                                                                                                                                   12 Operating Plan is defined in the NERC Glossary
                                                FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v.       10 Id. at 12–18.
                                                FERC, 564 F.3d 1342 (D.C. Cir. 2009).                     11 Attachment 1 describes three alert levels:         as a ‘‘document that identifies a group of activities
                                                  4 Order No. 693, FERC Stats. and Regs. ¶ 31,242.
                                                                                                        Energy Emergency Alert Level 1 (all available           that may be used to achieve some goal. An
                                                  5 Id. PP 1509, 1560, and 1565. The Commission         generation resources in use, concern about              Operating Plan may contain Operating Procedures
                                                neither approved nor rejected proposed Reliability      sustaining required contingency reserves); Energy       and Operating Processes . . .’’
                                                                                                                                                                   13 NERC EOP Petition at 9.
                                                Standard PRC–020–1, explaining that the standard        Emergency Alert Level 2 (load management
                                                                                                                                                                   14 Id. at 8–9.
                                                only applied to Regional Reliability Organizations.     procedures in effect, energy deficient balancing
                                                Id. P 1555.                                             authority implements its emergency Operating Plan          15 Id.




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                                                                    Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                                     73649

                                                and inter-dependency with other entity                        Reliability Standards.18 NERC stated                     following: Voltage instability, voltage
                                                operating plans and notify transmission                       that the purpose of Reliability Standard                 collapse, or Cascading impacting the
                                                providers and balancing authorities if                        PRC–010–1 is to ‘‘establish an integrated                Bulk Electric System. By focusing on the
                                                revisions to their operating plans are                        and coordinated approach to the design,                  enumerated risks, the definition is
                                                necessary.16                                                  evaluation, and reliable operation of                    meant to exclude locally-applied relays
                                                   11. Requirement R4 requires                                Undervoltage Load Shedding Programs’’                    that are not designed to mitigate
                                                transmission operators and balancing                          as directed by the Commission in Order                   wide-area voltage collapse.’’ 24 NERC
                                                authorities to resolve any issues                             No. 693.19                                               stated that the UVLS Program definition
                                                identified by the reliability coordinator                        15. NERC explained that Reliability                   ‘‘clearly identifies and separates
                                                and resubmit their revised operating                          Standard PRC–010–1 is a single,                          centrally controlled undervoltage-based
                                                plans within a time period specified by                       comprehensive standard that addresses                    load shedding, which is now addressed
                                                the reliability coordinator. Requirement                      the same reliability principles outlined                 by the proposed definition of Remedial
                                                R5 requires reliability coordinators to                       in the four currently-effective UVLS-                    Action Scheme.’’ 25
                                                notify balancing authorities and                              related Reliability Standards.20                            17. Reliability Standard PRC–010–1
                                                transmission operators in its area, and                       Reliability Standard PRC–010–1                           applies to planning coordinators and
                                                neighboring reliability coordinators,                         replaces the applicability to and                        transmission planners because ‘‘either
                                                within 30 minutes of receiving an                             involvement of ‘‘Regional Reliability                    may be responsible for designing and
                                                emergency notification. Requirement R6                        Organization’’ in Reliability Standards                  coordinating the UVLS Program . . .
                                                requires a reliability coordinator with a                     PRC–020–1 and PRC–021–1 and                              [and] also applies to Distribution
                                                balancing authority experiencing a                            improves upon and consolidates the                       Providers and Transmission Owners
                                                potential or actual Energy Emergency to                       four currently-effective UVLS-Related                    responsible for the ownership, operation
                                                declare an Energy Emergency alert in                          Standards into one comprehensive                         and control of UVLS equipment as
                                                accordance with Attachment 1.                                 standard. NERC explained that                            required by the UVLS Program
                                                   12. Proposed Reliability Standard                          Reliability Standard PRC–010–1                           established by the Transmission Planner
                                                EOP–011–1 also includes the following                         ‘‘reflects consideration of the 2003                     or Planning Coordinator.’’ 26 NERC
                                                revised definition of Energy Emergency:                       Blackout Report recommendations,’’ 21                    explained that the planning coordinator
                                                                                                              particularly, Recommendation 21 for                      or transmission planner that establishes
                                                  Energy Emergency—A condition when a                                                                                  a UVLS Program is responsible for
                                                Load-Serving Entity or Balancing Authority                    NERC to ‘‘make more effective and
                                                has exhausted all other resource options and                  wider use of system protection                           identifying the UVLS equipment and
                                                can no longer meet its expected Load                          measures’’ 22 and Recommendation 21C                     the necessary distribution provider and
                                                obligations.                                                  for NERC to ‘‘determine the goals and                    transmission owner (referred to as
                                                                                                              principles needed to establish an                        ‘‘UVLS entities’’ in the Applicability
                                                NERC explained that the revised                                                                                        section) that performs the required
                                                definition is intended to clarify that an                     integrated approach to relay protection
                                                                                                              for generators and transmission lines, as                actions.
                                                Energy Emergency is not limited to a                                                                                      18. NERC stated that Reliability
                                                load-serving entity and, based on a                           well as of UFLS and UVLS programs.’’ 23
                                                                                                                 16. Reliability Standard PRC–010–1                    Standard PRC–010–1 ‘‘applies only after
                                                review of the impact on the body of                                                                                    an entity has determined the need for a
                                                NERC Reliability Standards, ‘‘does not                        incorporates a new definition of UVLS
                                                                                                              Program, which reads:                                    UVLS Program as a result of its own
                                                change the reliability intent of other                                                                                 planning studies.’’ 27 NERC explained
                                                requirements of Definitions.’’ 17                               Undervoltage Load Shedding Program                     that the eight requirements in Reliability
                                                   13. NERC proposed an effective date                        (UVLS Program): An automatic load                        Standard PRC–010–1 meet four primary
                                                for Reliability Standard EOP–011–1 that                       shedding program, consisting of distributed
                                                                                                              relays and controls, used to mitigate
                                                                                                                                                                       objectives: (1) The Reliability Standard
                                                is the first day of the first calendar                                                                                 requires applicable entities to evaluate a
                                                                                                              undervoltage conditions impacting the Bulk
                                                quarter that is 12 months after the date                      Electric System (BES), leading to voltage                UVLS Program’s effectiveness prior to
                                                of Commission approval, and a                                 instability, voltage collapse, or Cascading.             implementation, including coordination
                                                retirement date for currently-effective                       Centrally controlled undervoltage-based load             with other protection systems and
                                                Reliability Standards EOP–001–2.1b,                           shedding is not included.                                generator voltage ride-through
                                                EOP–002–3.1 and EOP–003–2 of                                                                                           capabilities; (2) applicable entities must
                                                                                                              NERC explained that ‘‘to ensure that the
                                                midnight of the day immediately prior                                                                                  comply with UVLS program
                                                                                                              applicability of the proposed Reliability
                                                to the effective date of Reliability                                                                                   specifications and implementation
                                                                                                              Standard covers undervoltage-based
                                                Standard EOP–011–1.                                                                                                    schedule; (3) applicable entities must
                                                                                                              load shedding systems whose
                                                B. NERC PRC Petition—Proposed                                 performance has an impact on system                      perform periodic assessment and
                                                                                                              reliability, a UVLS Program must                         performance analysis; and (4) applicable
                                                Reliability Standard PRC–010–1 (Docket
                                                                                                              mitigate risk of one or more of the                      entities must maintain and share UVLS
                                                No. RM15–12–000)
                                                                                                                                                                       Program data.28
                                                  14. On February 6, 2015, NERC filed                           18 Reliability Standards PRC–010–0 (Assessment
                                                                                                                                                                          19. Requirement R1 requires each
                                                a petition seeking approval of Reliability                    of the Design and Effectiveness of UVLS Program);        planning coordinator or transmission
                                                Standard PRC–010–1 (Undervoltage                              PRC–020–1 (Under-Voltage Load Shedding Program           planner to evaluate the viability and
                                                Load Shedding), a revised definition of                       Database); PRC–021–1 (Under-Voltage Load                 effectiveness of its UVLS program before
                                                Undervoltage Load Shedding Program                            Shedding Program Data); and PRC–022–1 (Under-            implementation to confirm its
                                                                                                              Voltage Load Shedding Program Performance).
                                                (UVLS Program) for inclusion in the                             19 NERC PRC Petition at 14 (citing Order No. 693,      effectiveness in resolving the
                                                NERC Glossary, and the associated                             FERC Stats & Regs ¶ 31,242 at P 1509).                   undervoltage conditions for which it
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                                                violation risk factors, violation severity                      20 Id.

                                                levels, effective date and                                      21 Id. at 2 (citing the U.S.-Canada Power System         24 Id. at 16.
                                                implementation plan. NERC also                                Outage Task Force, Final Report on the August 14,          25 Id. at 15. NERC’s petition for approval of the
                                                                                                              2003 Blackout in the United States and Canada:           proposed definition of Remedial Action Scheme
                                                proposed the retirement of four PRC                           Causes and Recommendations, April, 2004 (2003            (Docket No. RM15–13–000) is discussed below.
                                                                                                              Blackout Report)).                                         26 Id.
                                                  16 Id.   at 10–11.                                            22 Id. at 4 (citing 2003 Blackout Report at 3, 158).     27 Id. at 14.
                                                  17 Id.   at 18.                                               23 Id. at 6.                                             28 Id. at 17.




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                                                73650        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                was designed, and that it is integrated                 retire PRC–010–0, PRC–020–1, PRC–                     covered by the revised definition.33
                                                through coordination with generator                     021–1, and PRC–022–1 at midnight of                   NERC stated that a broad definition is
                                                ride-through capabilities and other                     the day immediately prior to the                      needed because of ‘‘all the possible
                                                protection and control systems. Also,                   effective date of PRC–010–1.29 Further,               scenarios an entity may develop’’ for its
                                                the planning coordinator or                             NERC explained that Reliability                       Remedial Action Scheme and a ‘‘very
                                                transmission planner must provide the                   Standard PRC–010–1 addresses                          specific, narrow definition may
                                                UVLS Program specifications and                         reliability obligations that are set forth            unintentionally exclude schemes that
                                                implementation schedule to the                          in Requirements R2, R4 and R7 of                      should be covered.’’ 34 Accordingly,
                                                applicable UVLS entities. Requirement                   currently-effective Reliability Standard              NERC proposed the following revised
                                                R2 requires UVLS entities to meet the                   EOP–003–2.30 Since NERC has                           ‘‘core’’ definition of Remedial Action
                                                UVLS Program’s specifications and                       proposed to retire EOP–003–2 in the                   Scheme:
                                                implementation schedule provided by                     petition seeking approval of Reliability                 A scheme designed to detect
                                                the planning coordinator or                             Standard EOP–011–1 (Docket No.                        predetermined system conditions and
                                                transmission planner or address any                     RM15–7–00, discussed above),                          automatically take corrective actions that
                                                necessary corrective actions in                         concurrent Commission action on the                   may include, but are not limited to, adjusting
                                                accordance with Requirement R5.                         two petitions will prevent a possible                 or tripping generation (MW and Mvar),
                                                   20. Requirement R3 requires each                                                                           tripping load, or reconfiguring a System(s).
                                                                                                        reliability gap.
                                                planning coordinator or transmission                                                                          (sic) RAS accomplish objectives such as:
                                                                                                        C. NERC RAS Petition—Revisions to the                    • Meet requirements identified in the
                                                planner to perform periodic
                                                                                                        Definition of ‘‘Remedial Action                       NERC Reliability Standards;
                                                comprehensive assessments at least                                                                               • Maintain Bulk Electric System (BES)
                                                every 60 calendar months to ensure                      Scheme’’ (Docket No. RM15–13–000)
                                                                                                                                                              stability;
                                                continued effectiveness of the UVLS                        23. On February 3, 2015, NERC filed                   • Maintain acceptable BES voltages;
                                                program, including whether the                          a petition seeking approval of a revised                 • Maintain acceptable BES power flows;
                                                program resolves identified                             definition of Remedial Action Scheme                     • Limit the impact of Cascading or extreme
                                                undervoltage issues and that it is                      in the NERC Glossary, as well as                      events.
                                                integrated and coordinated with                         modified Reliability Standards that                      The definition then lists fourteen
                                                generator voltage ride-through                          incorporate the new Remedial Action                   exclusions, describing specific schemes
                                                capabilities and other specified                        Scheme definition and eliminate use of                and systems that do not constitute a
                                                protection and control systems.                         the term Special Protection System, and               Remedial Action Scheme, because each
                                                Requirement R4 requires each planning                   the associated implementation plan.31                 is either a protection function, a control
                                                coordinator or transmission planner to                  NERC stated that the defined terms                    function, a combination of both, or used
                                                commence a timely assessment of a                       Special Protection System and Remedial                for system configuration.35
                                                voltage excursion subject to the UVLS                   Action Scheme are currently used                         25. In the implementation plan, NERC
                                                Program, within 12 calendar months of                   interchangeably throughout the NERC                   proposed an effective date for the
                                                the event, to evaluate whether the UVLS                 Regions and in various Reliability                    revised Reliability Standards and the
                                                Program resolved the undervoltage                       Standards. NERC explained that                        revised definition of Remedial Action
                                                issues associated with the event.                       ‘‘[a]lthough these defined terms share a              Scheme on the first day of the first
                                                Requirement R5 requires a corrective                    common definition in the NERC                         calendar quarter that is 12 months after
                                                action plan for any program deficiencies                Glossary of Terms today, their use and                Commission approval.36 NERC also
                                                identified during an assessment                         application have been inconsistent as a               proposed that, for entities with existing
                                                performed under either Requirement R3                   result of a lack of granularity in the                schemes that become newly classified as
                                                or R4, and provide an implementation                    definition and varied regional uses of                ‘‘Remedial Action Schemes’’ resulting
                                                schedule to UVLS entities within three                  the terms. The proposed revisions add                 from the application of the revised
                                                calendar months of its completion.                      clarity and granularity that will allow               definition, the entities will have
                                                   21. Pursuant to Requirement R6, a                                                                          additional time of up to 24 months from
                                                                                                        for proper identification of Remedial
                                                planning coordinator must update the                                                                          the effective date to be fully compliant
                                                                                                        Action Schemes and a more consistent
                                                data necessary to model its UVLS                                                                              with all applicable Reliability
                                                                                                        application of related Reliability
                                                Program for use in event analyses and                                                                         Standards.37 Further, NERC asked the
                                                                                                        Standards.’’ 32
                                                program assessments at least each                                                                             Commission to take final action
                                                                                                           24. NERC explained that the revised
                                                calendar year. Requirement R7 requires                                                                        concurrently with the NERC petition on
                                                                                                        Remedial Action Scheme definition
                                                each UVLS entity to provide data to its                                                                       proposed Reliability Standard PRC–
                                                planning coordinator, according to the                  consists of a ‘‘core’’ definition,
                                                                                                        including a list of objectives and a                  010–1 (Docket No. RM15–12–000)
                                                planning coordinator’s format and                                                                             because ‘‘[t]he proposed definitions of
                                                schedule, to support maintenance of the                 separate list of exclusions for certain
                                                                                                        schemes or systems not intended to be                 UVLS Program and Remedial Action
                                                UVLS Program database. Requirement                                                                            Scheme in each project have been
                                                R8 requires a planning coordinator to                     29 Id.                                              coordinated to cover centrally
                                                                                                                 Ex. B (Implementation Plan).
                                                provide its UVLS Program database to                      30 Id.                                              controlled UVLS as a Remedial Action
                                                                                                                 at 23.
                                                other planning coordinators and                           31 NERC RAS Petition at 1–2. NERC requested         Scheme. Final action by the
                                                transmission planners within its                        approval of the following Reliability Standards to    Commission is needed
                                                Interconnection, and other functional                   incorporate the proposed definition of Remedial
                                                entities with a reliability need, within                Action Scheme and eliminate use of the term             33 Id. at 16. NERC noted that ‘‘for each exclusion,
                                                                                                        Special Protection System: EOP–004–3, PRC–005–
                                                30 calendar days of a written request.                                                                        the scheme or system could still classify as a
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                                                                                                        3(ii), PRC–023–4, FAC–010–3, TPL–001–0.1(i),
                                                   22. NERC proposed an effective date                  FAC–011–3, TPL–002–0(i)b, MOD–030–3, TPL–             Remedial Action Scheme if employed in a broader
                                                for Reliability Standard PRC–010–1 and                  003–0(i)b, MOD–029–2a, PRC–015–1, TPL–004–            scheme that meets the definition of Remedial
                                                                                                                                                              Action Scheme.’’
                                                the definition of UVLS Program of the                   0(i)a, PRC–004–WECC–2, PRC–016–1, PRC–001–
                                                                                                                                                                34 Id. at 17.
                                                first day of the first calendar quarter that            1.1(i), PRC–005–2(ii), PRC–017–1. NERC did not
                                                                                                                                                                35 Id. at 18.
                                                                                                        propose any changes to the Violation Risk Factors
                                                is 12 months after the date that the                    or Violation Severity Levels for the modified           36 NERC RAS Petition, Ex. C (Implementation
                                                standard and definition are approved by                 standards.                                            Plan) at 4.
                                                the Commission. NERC proposed to                          32 Id. at 4–5.                                        37 Id.




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                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                                   73651

                                                contemporaneously on both petitions to                  a directive for further modification may               A. Reliability Standard EOP–011–1
                                                facilitate implementation and avoid a                   be appropriate.40
                                                gap in coverage of centrally controlled                                                                        1. The Deregistration of Load-Serving
                                                                                                           30. In response to the NOPR, the                    Entities
                                                UVLS.’’ 38                                              Commission received comments from:
                                                III. Notice of Proposed Rulemaking                      NERC, Edison Electric Institute (EEI),                 NOPR
                                                                                                        Peak Reliability, Transmission Access                     33. In the NOPR, while proposing to
                                                   26. On June 18, 2015, the Commission                 Policy Study Group (TAPS),
                                                issued a Notice of Proposed Rulemaking                                                                         approve Reliability Standard EOP–011–
                                                                                                        International Transmission Company                     1 and a new Energy Emergency
                                                (NOPR) proposing to approve the
                                                                                                        (ITC), Louisville Gas and Electric                     definition, the Commission stated that
                                                Reliability Standards and NERC
                                                                                                        Company and Kentucky Utilities                         the removal of load-serving entities from
                                                Glossary definitions set forth in NERC’s
                                                three petitions pertaining to EOP–011–                  Company (LG&E/KU) and Idaho Power                      the Reliability Standard raises questions
                                                1, PRC–010–1 and a revised definition                   Company (Idaho Power).                                 about who would perform the roles
                                                of Remedial Action Scheme as just,                      IV. Discussion                                         traditionally performed by load-serving
                                                reasonable, not unduly discriminatory                                                                          entities.43 The NOPR explained that the
                                                or preferential and in the public                          31. Pursuant to FPA section 215(d)(2),              Commission’s decision concerning
                                                interest. 39 The Commission also                        we approve Reliability Standards EOP–                  NERC’s compliance filing in Docket No.
                                                proposed to approve the related                         011–1 and PRC–010–1, the revised                       RR15–4–000 related to NERC’s Risk-
                                                violation risk factors, violation severity              definition of Remedial Action Scheme                   Based Registration initiative would
                                                levels and implementation plans.                        and NERC Glossary definitions, and                     guide the Commission’s action on this
                                                   27. The Commission proposed to                       associated violation risk factors and                  question in this proceeding.
                                                approve the retirement of Reliability                   violation severity levels and
                                                                                                        implementation plans as just,                          Comments
                                                Standards EOP–001–2.1b, EOP–002–3.1,
                                                EOP–003–2, PRC–010–0, PRC–020–1                         reasonable, not unduly discriminatory                     34. NERC, EEI, TAPS, ITC and Idaho
                                                and PRC–021–1. However, the                             or preferential and in the public                      Power support the Commission’s
                                                Commission expressed concerns about                     interest. The Commission believes that                 proposed approval of Reliability
                                                whether it was appropriate to retire                    the modified Reliability Standards                     Standard EOP–011–1. Further, NERC,
                                                PRC–022–1 before a replacement                          provide greater clarity, and the                       EEI and TAPS state that excluding load-
                                                Reliability Standard is approved and                    consolidated EOP and PRC standards                     serving entities from the Reliability
                                                implemented to address the potential                    will provide additional efficiencies for               Standard will not create a reliability
                                                misoperation of UVLS equipment.                         responsible entities. We also determine                gap. NERC states that currently-effective
                                                Accordingly, the Commission proposed                    that Reliability Standard EOP–011–1                    Reliability Standard EOP–002–3.1
                                                to deny NERC’s request to retire                        adequately addresses seven Order No.                   Requirement R9 is the only requirement
                                                Reliability Standard PRC–022–1                          693 directives, and that Reliability                   in the three Reliability Standards being
                                                concurrent with the effective date of                   Standard PRC–010–1 establishes an                      replaced by Reliability Standard EOP–
                                                PRC–010–1.                                              integrated and coordinated approach to                 011–1 that applies to load-serving
                                                   28. In the NOPR, the Commission                      the design, evaluation and reliable                    entities. NERC explains that the North
                                                stated that Reliability Standards EOP–                  operation of UVLS Programs, and                        American Energy Standards Board
                                                011–1 and PRC–010–1 provide greater                     therefore satisfies the Commission                     (NAESB) has modified the process for E-
                                                clarity and that the consolidation of                   directive issued in Order No. 693.41                   tag specifications, removing the load-
                                                currently-effective EOP and PRC                         Further, we approve the retirement of                  serving entities’ role in making changes
                                                standards provides additional                           certain Reliability Standards as                       to the priority of transmission service
                                                efficiencies for responsible entities. The              identified by NERC.42                                  requests. Therefore, the ‘‘Standard
                                                Commission also agreed with NERC that
                                                                                                           32. We discuss below the following                  Drafting Team did not incorporate
                                                the new definition of Remedial Action
                                                                                                        issues raised in the NOPR and                          Requirement R9 into Reliability
                                                Scheme will improve reliability by
                                                eliminating ambiguity and encouraging                   comments: (1) The deregistration of                    Standard EOP–011–1, because
                                                the consistent identification of Remedial               load-serving entities and Reliability                  Requirement R9 has become obsolete
                                                Action Schemes and a more consistent                    Standard EOP–011–1; (2) the scheduling                 due to technological changes.’’ 44
                                                application of related Reliability                      and scope of reliability coordinator                      35. Additionally, NERC explains that,
                                                Standards.                                              reviews of Operating Plans under                       due to the Real-time nature of energy
                                                   29. While the Commission proposed                    Reliability Standard EOP–011–1; (3) the                emergencies, balancing authorities and
                                                to approve Reliability Standard PRC–                    retirement of Reliability Standard PRC–                distribution providers will handle
                                                010–1, the Commission raised questions                  022–1; (4) the term ‘‘BES subsystem’’                  responsibilities related to Reliability
                                                and sought clarification regarding an                   and related diagram in NERC’s PRC                      Standard EOP–002–3.1 that have been
                                                example of a ‘‘BES subsystem’’ that                     Petition; and (5) other issues raised by               performed by load-serving entities.
                                                NERC provided in the ‘‘Guidelines for                   commenters.                                            Referring to the Mapping Document and
                                                UVLS Program Definition.’’ The                                                                                 Application Guidelines for Reliability
                                                                                                          40 NOPR,    151 FERC ¶ 61,230 at P 27.
                                                Commission indicated that, depending                                                                           Standard EOP–011–1, NERC states that
                                                                                                          41 Order   No. 693, FERC Stats & Regs. ¶ 31,242 at
                                                on the response from NERC and others,                                                                          ‘‘LSEs have no Real-time reliability
                                                                                                        P 1509.
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                                                                                                          42 As noted above, the Commission in Order No.
                                                  38 NERC  RAS Petition at 3–4.                                                                                   43 NOPR, 151 FERC ¶ 61,230 at P 24, n.36.
                                                                                                        693 did not approve or remand proposed Reliability
                                                  39 Revisions  to Emergency Operations Reliability     Standard PRC–020–1 but, rather, took no action on      Currently effective EOP–002–3.1 applies, inter alia,
                                                Standards; Revisions to Undervoltage Load               the Reliability Standard pending the receipt of        to load-serving entities. Reliability Standard EOP–
                                                Shedding Reliability Standards; Revisions to the        additional information. Order No. 693, FERC Stats.     011–1 replaces EOP–002–3.1, and applies to
                                                Definition of ‘‘Remedial Action Scheme’’ and            & Regs. ¶ 31,242 at P 1555. Our approval of NERC’s     balancing authorities, reliability coordinators and
                                                Related Reliability Standards, Notice of Proposed       request renders PRC–020–1 ‘‘retired,’’ i.e.,           transmission operators, but not load-serving
                                                Rulemaking, 80 FR 36,293 (June 24, 2015), 151           withdrawn, and no longer pending before the            entities.
                                                FERC ¶ 61,230 (2015) (NOPR).                            Commission.                                               44 NERC Comments at 4.




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                                                73652        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                functionality with respect to EEAs                      the Reliability Standard from achieving               Operating Plans to mitigate Energy
                                                [Energy Emergency Alerts].’’ 45                         its stated purposes or otherwise create               Emergencies reinforces this
                                                   36. TAPS and EEI agree with NERC’s                   reliability gaps.50 We find that                      determination: ‘‘[a]lthough these
                                                analysis of the roles and responsibilities              Reliability Standard EOP–011–1                        requirements do not specifically
                                                of load-serving entities and that                       enhances reliability by requiring that                identify the ‘who’ or ‘what’ actions to be
                                                excluding them will not create any                      actions necessary to mitigate capacity                taken, it is clear that the responsible
                                                reliability gaps. TAPS states that ‘‘there              and energy emergencies are focused in                 entities required to perform the
                                                is no reliability benefit to retaining                  single operating plans, and ensures                   activities attributed to the LSE function
                                                EOP–002–3.1’s Requirement R9, and                       communication and coordination                        necessary to aid in arresting an energy
                                                thus no reliability risk from eliminating               among relevant entities during                        emergency must be identified to ensure
                                                the LSE obligation to comply with it.’’ 46              emergency operations. We are                          necessary mitigation can be
                                                EEI asserts that ‘‘NERC is correct that                 persuaded by NERC’s explanation that                  accomplished in order to ensure reliable
                                                ‘tasks currently assigned to the LSE                    excluding load-serving entities will not              operation of the BES.’’ 55 Accordingly,
                                                function under NERC Reliability                         adversely impact reliability due to                   we conclude that elimination of the
                                                Standards would continue to be                          technological changes concerning                      load-serving entity function from
                                                performed by other functions subject to                 NAESB tagging specifications, and that                Reliability Standard EOP–011–1 does
                                                currently applicable LSE Reliability                    load-serving entities ‘‘have no Real-time             not result in an operational gap and,
                                                Standard Requirements or by market                      reliability functionality with respect to             rather, provides a reasonable means of
                                                participants (including LSEs) pursuant                  EEAs [Energy Emergency Alerts].’’ 51                  addressing Energy Emergencies.
                                                to existing tariffs, market rules, market               Further, as both NERC and EEI have
                                                protocols and other market                              stated, ‘‘tasks currently assigned to the             2. The Scheduling and Scope of
                                                agreements.’ ’’ 47 Regarding Operating                  LSE function under NERC Reliability                   Reliability Coordinator Reviews of
                                                Plans that transmission operators and                   Standards would continue to be                        Operating Plans
                                                balancing authorities are to develop                    performed by other functions subject to
                                                                                                        currently applicable LSE Reliability                     40. Reliability Standard EOP–011–1,
                                                under Reliability Standard EOP–011–1
                                                                                                        Standard Requirements or by market                    Requirement R3 obligates a reliability
                                                Requirements R1 and R2, EEI states that
                                                                                                        participants (including LSEs) pursuant                coordinator to review the Operating
                                                ‘‘it is clear that the responsible entities
                                                                                                        to tariffs, market rules, market protocols            Plan(s) to mitigate operating
                                                required to perform the activities
                                                                                                        and other market agreements.’’ 52                     emergencies submitted by a
                                                attributed to the LSE function necessary
                                                                                                           39. We disagree with LG&E/KU’s                     transmission operator or a balancing
                                                to aid in arresting an Energy Emergency
                                                must be identified to ensure necessary                  suggestion that the reference to load-                authority. Pursuant to Requirement
                                                mitigation can be accomplished in order                 serving entities in NERC’s revised                    R3.1, a reliability coordinator must,
                                                to ensure reliable operation of the                     definition of Energy Emergency                        within 30 days of receipt, (i) review
                                                BES.’’ 48                                               indicates the possibility of an                       each Operating Plan for compatibility
                                                   37. LG&E/KU seeks clarification on                   ‘‘operational gap.’’ NERC revises the                 and inter-dependency with other
                                                two questions pertaining to the                         definition of ‘‘Energy Emergency,’’                   transmission operator or balancing
                                                exclusion of load-serving entities from                 approved in this Final Rule, as ‘‘[a]                 authority Operating Plans, (ii) review
                                                Reliability Standard EOP–011–1 ‘‘to                     condition when a Load-Serving Entity                  each Operating Plan for coordination to
                                                ensure that even if NERC’s EOP                          or Balancing Authority has exhausted                  avoid risk to ‘‘Wide Area’’ reliability,
                                                proposal is accepted, [balancing                        all other resource options and can no                 and (iii) notify each transmission
                                                authorities] will have a meaningful way                 longer meet its expected Load                         operator and balancing authority of the
                                                of addressing any operational gaps with                 obligations.’’ 53 Based on a plain reading            results of the review.
                                                Energy Emergencies and LSEs.’’ 49 First,                of this definition, we agree with LG&E/               Comments
                                                LG&E/KU seeks clarification that an                     KU that a load-serving entity’s inability
                                                Energy Emergency can be isolated to a                   to meet its own load obligations could                   41. Peak Reliability asserts that the
                                                load-serving entity’s inability to meet its             result in an Energy Emergency.                        ‘‘inflexible’’ 30 day period for reliability
                                                own load obligations, as indicated in                   Moreover, consistent with our findings                coordinator reviews of operating plans
                                                NERC’s revised definition of Energy                     in the RBR Compliance Order, we agree                 in Reliability Standard EOP–011–1
                                                Emergency. Second, LG&E/KU seeks                        with LG&E/KU that operating plans                     Requirement R3.1 is not reasonable.
                                                clarification that Operating Plans                      developed by balancing authorities—                   According to Peak Reliability, because
                                                developed by balancing authorities may                  including operating plans contained in                transmission operators have an ‘‘open
                                                describe the role for load-serving                      applicable tariffs—may describe the role              ended’’ opportunity to submit operating
                                                entities in responding to an Energy                     for load-serving entities in responding               plans under the provision, reliability
                                                Emergency, and may include such                         to an Energy Emergency.54 EEI’s                       coordinators cannot schedule in
                                                Operating Plans in applicable tariffs.                  observation regarding Reliability                     advance the needed resources to
                                                                                                        Standard EOP–011–1 Requirements R1                    perform a proper review in the 30-day
                                                Commission Determination                                and R2 for transmission operators and                 window. Peak Reliability notes that, in
                                                  38. Consistent with our determination                 balancing authorities to develop                      its experience, many entities update
                                                in the ‘‘risk-based registration’’                                                                            their plans at the end of the year,
                                                proceeding, we find that the elimination                  50 See North American Electric Reliability Corp.,
                                                                                                                                                              creating a large spike in review work at
                                                of load-serving entities from Reliability               153 FERC ¶ 61,024, at P 20 (2015) (RBR Compliance
                                                                                                        Order) (approving the proposed elimination of the     that time. Peak Reliability, therefore,
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                                                Standard EOP–011–1 will not prevent                     load-serving entity function).                        recommends revising Requirement R3.1
                                                                                                          51 NERC Comments at 5, quoting the EOP–011–1        to include language requiring ‘‘a
                                                  45 Id. at 5–6.                                        Mapping Document and Application Guidelines.          mutually agreed predetermined
                                                  46 TAPS    Comments at 4.                               52 EEI Comments at 5–6.
                                                  47 EEI Comments at 5–6, quoting NERC’s                  53 NERC EOP Petition, Ex. B (Implementation
                                                                                                                                                              schedule’’ to ensure that the reliability
                                                compliance filing in RR15–4–000 at 1.                   Plan) at 1.
                                                                                                                                                              coordinator can efficiently allocate its
                                                  48 Id. at 6.                                            54 RBR Compliance Order, 153 FERC ¶ 61,024 at
                                                  49 LG&E/KU Comments at 2.                             21.                                                     55 EEI   Comments at 6.



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                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                                 73653

                                                resources and provide a thorough                        under Reliability Standard EOP–011–1                   concurrently with the Commission’s
                                                review of submitted operating plans.56                  Requirement 3.1.1 is misplaced. Based                  action on Reliability Standard PRC–
                                                   42. Peak Reliability also seeks                      on the record before us, particularly the              010–1 ‘‘to ensure an integrated and
                                                clarification regarding the scope of                    Standard Drafting Team’s decision to                   coordinated approach to UVLS
                                                reliability coordinator review of                       require reliability coordinators to review             Programs and fill the gap in Reliability
                                                operating plans, and whether a                          rather than approve operating plans,                   Standard coverage that might be
                                                reliability coordinator must review each                and the ongoing nature of emergency                    perceived through retirement of PRC–
                                                required element of an operating plan                   planning, we conclude that                             022–1.’’ 63 EEI agrees, stating that
                                                specified in Requirement R2 for                         Requirement R3.1.1 contemplates high                   NERC’s filing of proposed Reliability
                                                ‘‘compatibility and interdependency’’                   level assessments focused on the                       Standards PRC–004–5 and PRC–010–2
                                                with other balancing authority and                      coordination of operating plans between                address the Commission’s concerns
                                                transmission operator operating plans,                  and among transmission operators and                   expressed in the NOPR.64
                                                or ‘‘evaluate these elements on a higher                balancing authorities.61 Moreover, while
                                                level.’’ 57 Peak Reliability asserts that the           Peak Reliability may request that NERC                 Commission Determination
                                                ‘‘appropriate level of review’’ by                      (e.g., through a standard authorization                   47. We agree with NERC and EEI that
                                                reliability coordinators is ‘‘for                       request or ‘‘SAR’’) include a provision                the Delegated Letter Order approval of
                                                coordination to avoid risk to Wide Area                 in EOP–011–1 to require coordination                   Reliability Standards PRC–004–5 and
                                                reliability.’’ Based on this assertion,                 among transmission operators and                       PRC–010–2 in Docket No. RD15–5–000
                                                Peak Reliability recommends that                        balancing authorities prior to submitting              concurrent with this Final Rule
                                                Reliability Standard EOP–011–1 require                  an operating plan for reliability                      precludes the need to retain currently-
                                                balancing authorities and transmission                  coordinator review, we are not                         effective Reliability Standard PRC–022–
                                                operators to identify and coordinate                    persuaded to direct NERC to develop                    1.65 Accordingly, we find that
                                                possible operating plan discrepancies                   such a provision.                                      Reliability Standard PRC–022–1 can be
                                                before submission for reliability                       B. Reliability Standard PRC–010–1                      retired without creating a gap in
                                                coordinator review, as currently                                                                               coverage with regard to UVLS protective
                                                required under Reliability Standard                     1. Retirement of Reliability Standard                  relay misoperations and equipment
                                                EOP–001–2.1b Requirement R6.58                          PRC–022–1                                              performance evaluations.
                                                Commission Determination                                NOPR                                                   2. The Term ‘‘BES Subsystem’’ and
                                                   43. We are not persuaded by Peak                       45. In the NOPR, while proposing to                  Related Diagram
                                                Reliability’s comments that the 30 day                  approve Reliability Standard PRC–010–
                                                                                                                                                               NOPR
                                                review period in Requirement R3.1 is                    1 and the retirement of PRC–010–0,
                                                unduly onerous. No reliability                          PRC–020–1 and PRC–021–1, the                             48. In the NOPR, the Commission
                                                coordinator other than Peak Reliability                 Commission was not persuaded that                      sought clarification of the meaning of
                                                expressed concern about the 30 day                      Reliability Standard PRC–010–1,                        NERC’s use of the term ‘‘BES
                                                review period for operating plans in                    Requirement R4 is an adequate                          subsystem’’ in a diagram illustrating a
                                                Requirement R3.1. NERC explains that                    replacement for currently-effective                    UVLS system that would not be
                                                transmission operators and balancing                    PRC–022–1, which contains                              included in the definition of UVLS
                                                authorities must update their operating                 requirements specifically addressing                   Program if the consequences of the
                                                plans on an ‘‘ongoing and as-needed                     misoperations. Rather, the Commission                  contingency do not impact the bulk
                                                basis.’’ 59 The need for registered                     proposed that Reliability Standard PRC–                electric system, and whether it would be
                                                entities to update operating plans to                   022–1 would remain in effect until an                  considered a Remedial Action
                                                address evolving bulk electric system                   acceptable replacement Reliability                     Scheme.66
                                                conditions should prevent reliability                   Standard is in place to address the
                                                                                                        potential misoperation of UVLS                         Comments
                                                coordinators from being overwhelmed
                                                or unduly burdened by operating plan                    equipment.                                                49. NERC comments that the term
                                                submissions. However, if Peak                           Comments                                               ‘‘BES subsystem’’ and accompanying
                                                Reliability experiences an ‘‘end of the                                                                        diagram are ‘‘intended to demonstrate
                                                year spike in workload,’’ 60 as a                          46. NERC states that, on June 9, 2015,
                                                                                                        it filed proposed Reliability Standards                that whether PRC–010–1 applies to a
                                                reliability coordinator, Peak Reliability                                                                      UVLS system depends on whether the
                                                can adjust its resource allocation to                   PRC–010–2 and PRC–004–5 as part of
                                                                                                        its UVLS Phase II Petition (Project                    UVLS system is used to mitigate
                                                accommodate such known ‘‘spikes’’ in                                                                           undervoltage conditions impacting areas
                                                activity. Accordingly, we conclude the                  2008–02.2), which includes
                                                                                                        requirements and applicability criteria                of the BES, leading to voltage instability,
                                                30 day review period in Requirement                                                                            voltage collapse or Cascading.’’ 67 NERC
                                                R3.1 is reasonable and reject Peak                      related to UVLS misoperations.62 NERC
                                                                                                                                                               also states that ‘‘the term ‘BES
                                                Reliability’s recommendation for                        explains that its filing requests that the
                                                                                                                                                               subsystem’ is a shorthand reference to
                                                language requiring a ‘‘mutually agreed                  Commission approve Reliability
                                                                                                                                                               an area of the BES that a Registered
                                                predetermined schedule.’’                               Standards PRC–004–5 and PRC–010–2
                                                                                                                                                               Entity is responsible for, consistent with
                                                   44. Additionally, we believe that Peak                                                                      its obligations under mandatory
                                                                                                          61 See NERC EOP Petition, Exhibit G (Summary
                                                Reliability’s concern regarding the                     of Development History and Complete Record of          Reliability Standards. This reference
                                                extent of reliability coordinator                       Development) at 1166 (the Standard Drafting Team       does not revise the Commission-
                                                Operating Plan review for
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                                                                                                        indicates that the provision is intended to require
                                                ‘‘compatibility and interdependency’’                   the reliability coordinator review of deficiencies,      63 NERC
                                                                                                        inconsistencies or conflicts between operating plans               Comments at 8.
                                                                                                                                                                 64 EEI  Comments at 7.
                                                  56 Peak
                                                                                                        that would cause further system degradation during
                                                           Reliability Comments at 6–7.                 emergency conditions).                                    65 See Delegated Letter Order issued November
                                                  57 Id. at 7.                                            62 Petition of the North American Electric           19, 2915.
                                                  58 Id. at 7–8.                                                                                                  66 See NOPR, 151 FERC ¶ 61,230 at P 27
                                                                                                        Reliability Corporation for Approval of Proposed
                                                  59 See NERC EOP Petition at 9.                                                                               (including diagram).
                                                                                                        Reliability Standards PRC–004–5 and PRC–010–2,
                                                  60 See Peak Reliability Comments at 5–6.              (Docket No. RD15–5–000).                                  67 NERC Comments at 6–7.




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                                                73654              Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                approved definition of ‘Bulk Electric                       Program or a centrally-controlled                     that this need to expand applicability is
                                                System’ or create a new term.’’ 68                          Remedial Action Scheme.73                             unfounded. Reliability Standard PRC–
                                                   50. NERC explains that the diagram                                                                             010–1, Requirement R8, provides that
                                                                                                            C. Other Issues Raised By Commenters
                                                ‘‘is not intended to necessarily illustrate                                                                       other functional entities with a
                                                a centrally controlled UVLS (considered                     1. Reliability Standard PRC–010–1—                    reliability need can request UVLS data,
                                                a [Remedial Action Scheme]), but to                         Applicability                                         and that such requests must be
                                                illustrate how Registered Entities should                      53. Peak Reliability asserts that                  answered in 30 days.
                                                evaluate whether the term UVLS                              Reliability Standard PRC–010–1 ‘‘does                    56. Nor are we persuaded by Peak
                                                Program and proposed Reliability                            not adequately address the operation of               Reliability’s argument that UVLS
                                                Standard PRC–010–1 applies to a UVLS                        UVLS Programs, as it does not apply to                programs should be considered in
                                                system.’’ 69 NERC points out that, if a                     the NERC functional entities that                     operations planning and real-time
                                                UVLS system in the ‘‘BES subsystem’’ is                     operate the Bulk Electric System,’’                   operations. We understand that Peak
                                                used to mitigate undervoltage                               particularly, reliability coordinators,               Reliability refers to the consideration of
                                                conditions impacting the BES (leading                       transmission operators, and balancing                 UVLS programs in the derivation of
                                                to voltage instability, voltage collapse,                   authorities.74 Peak Reliability contends              Interconnection Reliability Operating
                                                or Cascading), the system would fall                        that UVLS Programs should be included                 Limits (IROLs) for Category B
                                                under the new definition of UVLS                            in operational planning and real-time                 contingencies as defined in the
                                                Program (or RAS if centrally controlled)                    assessments, and that all entities                    currently-effective transmission
                                                                                                            responsible for operating the bulk                    planning standard TPL–002–0b
                                                and thus in the scope of Reliability
                                                                                                            electric system must be given access to               (commonly known as N–1 contingencies
                                                Standard PRC–010–1.70
                                                                                                            UVLS Program databases.75 Further,                    under normal system operation).78 With
                                                   51. EEI states that the example of                                                                             this understanding, we disagree with
                                                ‘‘BES subsystem’’ in the ‘‘Guidelines for                   Peak Reliability requests that the
                                                                                                            Commission direct NERC to explain                     Peak Reliability on the relevance of
                                                UVLS Program Definition’’ does not                                                                                using UVLS in the derivation of IROLs
                                                represent a centrally controlled UVLS                       why Reliability Standard PRC–010–1
                                                                                                            and Reliability Standard IRO–009–1                    for N–1 contingencies. The 2003
                                                and therefore would not be considered                                                                             Canada-United States Blackout Report
                                                a Remedial Action Scheme. EEI explains                      apply to different functional entities
                                                                                                            (since the purpose of both is to prevent              stated that ‘‘[s]afety nets should not be
                                                that the term UVLS Program ‘‘is for a                                                                             relied upon to establish transfer
                                                scheme that consists of distributed                         instability, uncontrolled separation or
                                                                                                            cascading outages), and recommends                    limits.’’ 79 This statement is consistent
                                                relays and controls, not for a scheme                                                                             with the performance criteria
                                                that is centrally controlled. The key                       that the treatment of UVLS in operations
                                                                                                            planning and real-time assessments be                 established in TPL–002–0b and TPL–
                                                point is that for a UVLS system to fall                                                                           001–4, which generally prohibit the loss
                                                under the definition of Undervoltage                        addressed.76
                                                                                                               54. We are not persuaded by Peak                   of non-consequential load for certain N–
                                                Load Shedding Program, it must be used                                                                            1 contingencies.80 We conclude that
                                                                                                            Reliability’s assertion that Reliability
                                                to protect the BES against voltage                                                                                UVLS programs under PRC–010–1 are
                                                                                                            Standard PRC–010–1 should apply to
                                                instability, voltage collapse, or                                                                                 examples of such ‘‘safety nets’’ and
                                                                                                            reliability coordinators, transmission
                                                Cascading.’’ 71 EEI also notes that the                                                                           should not be tools used by bulk electric
                                                                                                            operators, and balancing authorities.
                                                term ‘‘BES subsystem’’ is not intended                                                                            system operators to calculate operating
                                                                                                            Rather, as NERC explains ‘‘[t]he
                                                to be a new NERC term, but rather ‘‘was                                                                           limits for N–1 contingencies. Likewise,
                                                                                                            applicability includes both the Planning
                                                used in the example to illustrate a                                                                               with this understanding, there is no
                                                                                                            Coordinator and Transmission Planner
                                                possible localized undervoltage                                                                                   imperative to make PRC–010–1
                                                                                                            because either may be responsible for
                                                contingency on a very small portion of                                                                            applicable to reliability coordinators,
                                                                                                            designing and coordinating the UVLS
                                                the BES but not a contingency that                                                                                transmission operators, and balancing
                                                                                                            Program. Reliability Standard PRC–010–
                                                impacts a larger area of the BES that                                                                             authorities.
                                                                                                            1 also applies to Distribution Providers
                                                could result in voltage instability,                                                                                 57. Peak Reliability comments that
                                                                                                            and Transmission Owners responsible
                                                voltage collapse, or Cascading.’’ 72                                                                              Reliability Standard PRC–010–1
                                                                                                            for the ownership, operation and control
                                                Commission Determination                                    of UVLS equipment as required by the                  ‘‘creates some confusion of the
                                                                                                            UVLS Program established by the                       applicability of UVLS Programs due to
                                                   52. Based on the explanations                            Transmission Planner and Planning                     the similarities, and apparent overlap,
                                                provided above, we determine that a                         Coordinator.’’ 77 As NERC’s rationale                 in the definitions of UVLS Programs and
                                                directive for further modification of the                   above indicates, the applicability                    IROLs.’’ 81 We disagree. Peak
                                                example of ‘‘BES subsystem’’ and                            section of the Reliability Standard                   Reliability’s comparison of UVLS
                                                related diagram in NERC’s ‘‘Guidelines                      identities the functional entities                    Programs with establishing and
                                                for UVLS Program Definition’’ to ensure                     responsible for the design, operation                 operating within IROLs is misplaced
                                                consistency with the Commission-                            and control of UVLS Programs and                      because UVLS Programs and IROLs
                                                approved definition of ‘‘bulk electric                      related equipment.                                    represent separate and distinct
                                                system’’ proposed in the NOPR is not                           55. While Peak Reliability seeks to                approaches to system security. UVLS
                                                necessary. Rather, we are persuaded that                    expand applicability to functional                    Programs act as safety nets for
                                                EEI’s concern with the diagram is                           entities so that UVLS Program databases               contingencies more severe than N–1
                                                addressed by NERC’s explanation that,                       would be shared with reliability                      contingencies, such as the simultaneous
                                                depending on the role of a particular                       coordinators, transmission operators,
                                                UVLS system, the diagram could                                                                                      78 The Commission-approved Version 4 standard,
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                                                                                                            and balancing authorities, we believe                 TPL–001–4, will replace TPL–002–0b on January 1,
                                                illustrate an example of a UVLS
                                                                                                                                                                  2016. See Transmission Planning Reliability
                                                                                                              73 Id.
                                                                                                                                                                  Standards, Order No. 786, 145 FERC ¶ 61,051
                                                  68 Id.   at 7.                                              74 Peak Reliability Comments at 9.                  (2013).
                                                  69 Id.                                                      75 Id.at 9–10.                                        79 2003 Blackout Report at 109.
                                                  70 Id.                                                     76 Id. at 11–12.                                       80 See TPL–002–0b, Table 1, footnote b and TPL–
                                                  71 EEI   Comments at 8.                                    77 NERC EOP Petition at 15, and id. Ex. D (Order     001–4, Table 1, Footnote 12.
                                                  72 Id.                                                    No. 672 Criteria) at 2–3.                               81 Peak Reliability Comments at 11.




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                                                              Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                       73655

                                                loss of two single circuits or a double-                Requirement R4 requires applicable                    penalized for failing to respond to these
                                                circuit line which are both Category C                  entities to assess whether UVLS                       collections of information unless the
                                                contingencies permitting loss of non-                   programs resolve undervoltage issues                  collections of information display a
                                                consequential firm load.82 In contrast,                 associated with voltage excursions                    valid OMB control number.
                                                the NERC Glossary defines IROLs as ‘‘[a]                triggering UVLS programs. Pursuant to                   63. The Commission is submitting
                                                System Operating Limit that, if violated,               Requirement R5, planning coordinators                 these reporting and recordkeeping
                                                could lead to instability, uncontrolled                 and transmission planners must develop                requirements to OMB for its review and
                                                separation, or cascading outages that                   a corrective action plan to address                   approval under section 3507(d) of the
                                                adversely impact the reliability of the                 UVLS program deficiencies identified                  PRA. The NOPR solicited comments on
                                                Bulk Electric System.’’ This corresponds                during assessments performed under                    the Commission’s need for this
                                                with the TPL–004–1 provisions                           Requirements R3 and R4. We conclude                   information, whether the information
                                                requiring that the system must remain                   that the comprehensive nature of the                  will have practical utility, the accuracy
                                                stable when experiencing an N–1                         assessments required under Reliability                of the provided burden estimate, ways
                                                contingency (such as Category B or P1                   Standard PRC–010–1 is sufficient, and                 to enhance the quality, utility, and
                                                contingencies).83 In sum, we disagree                   precludes the need to include the                     clarity of the information to be
                                                with Peak Reliability’s premise                         specific items listed in PRC–022–1,                   collected, and any suggested methods
                                                regarding similarities, and overlaps, in                Requirement R1.                                       for minimizing the respondent’s burden,
                                                the definition of UVLS programs and                                                                           including the use of automated
                                                                                                        3. Definition of Special Protection                   information techniques. No comments
                                                IROLs.
                                                                                                        System                                                were received.
                                                2. Reliability Standard PRC–010–1                          60. ITC supports the approval of the
                                                —Appropriate Level of Detail in UVLS                                                                          A. Proposed Reliability Standard EOP–
                                                                                                        revised definition of Remedial Action                 011–1
                                                Program Assessment                                      Scheme. ITC points out that NERC
                                                   58. Reliability Standard PRC–010–1,                  proposes to move to a single definition,                 64. Public Reporting Burden: As of
                                                Requirements R3, R4, and R5 obligate                    Remedial Action Scheme, to eliminate                  March 2015, there are 105 balancing
                                                planning coordinators and transmission                  the use of two terms, i.e., Special                   authorities, 11 reliability coordinators
                                                planners to perform an assessment of                    Protection System.85 Thus, ITC requests               and 329 transmission operators
                                                their UVLS program in various                           that the Commission direct NERC to                    registered with NERC. These registered
                                                circumstances. Idaho Power contends                     remove the definition of Special                      entities will have to comply with 6–8
                                                that Reliability Standard PRC–010–1,                    Protection System from the NERC                       new requirements in the new proposed
                                                Requirements R3, R4, and R5, do not                     Glossary to eliminate any potential for               Reliability Standard EOP–011–1. As
                                                                                                        confusion.                                            proposed, each registered balancing
                                                ‘‘specifically state what must be
                                                                                                           61. We deny ITC’s request that the                 authority will have to comply with
                                                included in the assessment, as was
                                                                                                        Commission direct NERC to remove the                  Requirements R2, R4, and, under certain
                                                included in PRC–022–1 R1.1–4’’ and,
                                                                                                        definition of ‘‘Special Protection                    circumstances, R5. Each reliability
                                                therefore, do not sufficiently explain
                                                                                                        System’’ from the NERC Glossary. In its               coordinator will have to comply with
                                                what applicable entities must include in
                                                                                                        RAS Petition, NERC states that it ‘‘will              Requirements R1 and its subparts, R2
                                                UVLS Program assessments.84
                                                                                                        continue to modify the NERC Reliability               and its subparts, R3 and its subparts, R5
                                                   59. We disagree with Idaho Power.
                                                                                                        Standards until all of them reference                 and R6. Each transmission operator will
                                                Reliability Standard PRC–022–1
                                                                                                        only the defined term Remedial Action                 have to comply with Requirements R1
                                                requires applicable entities to ‘‘analyze
                                                                                                        Scheme. At that time, the definition of               and its subparts and R4.
                                                and document all UVLS operations and                                                                             65. Reliability Standard EOP–011–1
                                                misoperations,’’ and specifically                       Special Protection System will be
                                                                                                        retired.’’ 86 We are satisfied with NERC’s            replaces a combined total of 40
                                                mentions set points and tripping times                                                                        requirements or subparts that are found
                                                and a summary of the findings. In                       approach of retiring the term ‘‘Special
                                                                                                                                                              in Reliability Standards EOP–001–2.1b,
                                                contrast, Reliability Standard PRC–010–                 Protection System’’ once the Reliability
                                                                                                                                                              EOP–003.1 and EOP–003–2. These three
                                                1 Requirement R3, requires planning                     Standards are fully updated to reference
                                                                                                                                                              Reliability Standards are to be retired,
                                                coordinators and transmission planners                  the revised definition of Remedial
                                                                                                                                                              concurrent with the effective date of
                                                to perform comprehensive assessments                    Action Scheme.
                                                                                                                                                              Reliability Standard EOP–011–1.
                                                of their UVLS Programs at least once                    V. Information Collection Statement                   Accordingly, the requirements in
                                                every 5 years. Each assessment ‘‘shall                                                                        Reliability Standard EOP–011–1 do not
                                                include, but is not limited to, studies                   62. The collection of information
                                                                                                        contained in this Final Rule is subject               create any new burdens for applicable
                                                and analyses that evaluate whether . . .                                                                      balancing authorities or transmission
                                                the UVLS Program resolves the                           to review by the Office of Management
                                                                                                        and Budget (OMB) regulations under                    operators because the requirements in
                                                identified undervoltage issues for which                                                                      Reliability Standard EOP–011–1 are
                                                the UVLS Program is designed [and] the                  section 3507(d) of the Paperwork
                                                                                                        Reduction Act of 1995 (PRA).87 OMB’s                  already burdens or tasks imposed on
                                                UVLS Program is integrated through                                                                            this set of registered entities by
                                                coordination with generator voltage                     regulations require approval of certain
                                                                                                        informational collection requirements                 Reliability Standards EOP–001–2.1b,
                                                ride-through capabilities and other                                                                           EOP–003.1 and EOP–003–2 under
                                                protection and control systems.’’                       imposed by agency rules.88 Upon
                                                                                                        approval of a collection(s) of                        FERC–725A (1902–0244).
                                                   82 The TPL Standards require that the system         information, OMB will assign an OMB                      66. Reliability Standard EOP–011–1
                                                remain stable and that cascading and uncontrolled       control number and an expiration date.                requires reliability coordinators to
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                                                islanding shall not occur for any Category B or C       Respondents subject to the filing                     perform the additional tasks of
                                                contingency (i.e., currently-effective TPL Standards,
                                                                                                        requirements of a rule will not be                    reviewing, correcting, and coordinating
                                                N–1 and N–2 contingencies) or for any Category P1                                                             their balancing authorities’ and
                                                through P7 contingency (i.e., TPL–001–4, N–1 and
                                                N–2 contingencies.) See Table 1 of any of the TPL         85 ITC Comment at 3.                                transmission operators’ operating
                                                Standards.                                                86 NERC  RAS Petition at 5.                         procedures for emergency conditions.
                                                   83 See TPL Standards, Table 1.                         87 44 U.S.C. 3507(d).                               The Commission estimates that this will
                                                   84 Idaho Power Comments at 2.                          88 5 CFR 1320.11.                                   add approximately 1,500 man-hours per


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                                                73656           Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                year for each reliability coordinator as                                described in detail in the following
                                                                                                                        table:

                                                                         RM15–7–000 (MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD EOP–011–1)
                                                                                                                                                                                                     Average
                                                                                                                   Number of                   Annual                                                                       Total annual
                                                                                                                                                                                                      burden                                     Cost per
                                                                                                                   applicable                 number of                Total number                                         burden hours
                                                                                                                                                                                                   (hours) and                                  respondent
                                                                                                                   registered              responses per               of responses                                           and total
                                                                                                                                                                                                     cost per                                       ($)
                                                                                                                     entities                respondent                                                                      annual cost
                                                                                                                                                                                                    response

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

                                                RC tasks necessary for EOP–011–1
                                                 compliance ...........................................                  11                          1                         21                               1,500              16,500          $92,387
                                                                                                                                                                                                        89 $92,387             $1,016,257



                                                B. Proposed Reliability Standard PRC–                                   the distribution provider registration.                                      planners, distribution providers, and
                                                010–1                                                                   We estimate that five percent of all                                         transmission owners. However, only
                                                                                                                        distribution providers (23) and                                              distribution providers and transmission
                                                   Public Reporting Burden: As of April                                 transmission providers (3) have under                                        owners would be responsible for the
                                                2015, there are 467 registered                                          voltage load shedding programs that fall                                     incremental compliance burden under
                                                distribution providers and 50                                           under the Reliability Standard. The                                          Reliability Standard PRC–010–1,
                                                transmission providers that are not                                     Reliability Standard is applicable to                                        Requirement R2, as described in detail
                                                overlapping in their registration with                                  planning coordinators and transmission                                       in the following table:
                                                                      RM15–12–000 (MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD PRC–010–1) 90
                                                                                                                                                                                                     Average
                                                                                                                   Number of                   Annual                                                                       Total annual
                                                                                                                                                                                                      burden                                     Cost per
                                                                                                                   applicable                 number of                Total number                                         burden hours
                                                                                                                                                                                                   (hours) and                                  respondent
                                                                                                                   registered              responses per               of responses                                           and total
                                                                                                                                                                                                     cost per                                       ($)
                                                                                                                     entities                respondent                                                                      annual cost
                                                                                                                                                                                                    response

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

                                                DP—Requirement 2 .................................                                  23                          1                         23                  91 36                   828                   1,960
                                                                                                                                                                                                        $1,960.32              $45,087.36
                                                TP—Requirement 2 .................................                                    3                         1                           3                 92 36                   108                   1,960
                                                                                                                                                                                                        $1,960.32               $5,880.96
                                                DP—R2 Data Retention ...........................                                    23                          1                         23                     12                   276                       368
                                                                                                                                                                                                        93 $367.92              $8,462.16
                                                TP—R2 Data Retention ...........................                                     3                           1                          3                    12                    36                      368
                                                                                                                                                                                                           $367.92              $1,103.76

                                                     Total ..................................................   ........................   ........................   ........................   ........................      $60,534.24     ........................



                                                C. Remedial Action Scheme Revisions                                     expect the revisions to affect applicable                                      Frequency of Responses: One time
                                                                                                                        entities’ current reporting burden.                                          and on-going.
                                                  67. Public Reporting Burden: The
                                                                                                                          FERC–725G4, Mandatory Reliability                                            Necessity of the Information: The
                                                Commission approved the definition of
                                                                                                                        Standards: Reliability Standard PRC–                                         revision to NERC’s definition of the
                                                Special Protection System (Remedial
                                                                                                                        010–1 (Undervoltage Load Shedding).                                          term bulk electric system implements
                                                Action Scheme) in Order No. 693. We
                                                approve a revision to the previously                                      FERC–725S, Mandatory Reliability                                           the Congressional mandate of the
                                                approved definition. The revisions to                                   Standards: Reliability Standard EOP–                                         Energy Policy Act of 2005 to develop
                                                the Remedial Action Scheme definition                                   011–1 (Emergency Operations).                                                mandatory and enforceable Reliability
                                                and related Reliability Standards are not                                 Action: Proposed Collection of                                             Standards to better ensure the reliability
                                                expected to result in changes to the                                    Information.                                                                 of the nation’s Bulk-Power System.
                                                scope of systems covered by the                                           OMB Control No: OMB Control No.                                            Specifically, the Reliability Standards
                                                Reliability Standards and other                                         1902–0270 (FERC–725S); OMB Control                                           consolidate, streamline and clarify the
                                                Reliability Standards that include the                                  No. 1902–XXXX (FERC–725G4).                                                  existing requirements of certain
                                                term Remedial Action Scheme.                                              Respondents: Business or other for-                                        currently-effective Emergency
                                                Therefore, the Commission does not                                      profit and not-for-profit institutions.                                      Preparedness and Operations and
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                                                   89 The 1,500 hour figure is broken into 1300 hours                   Occupation Code: 17–2071 (engineer) and 43–4071                              wage rate will be $30.66. These figures are taken
                                                at the engineer wage rate and 200 hours at the clerk                    (clerk).                                                                     from the Bureau of Labor Statistics at http://
                                                wage rate. These estimates assume that the                                 90 DP = distribution provider and TP =                                    www.bls.gov/oes/current/naics2_22.htm;
                                                engineer’s wage rate will be $66.35 and the clerk’s                     transmission provider.                                                       Occupation Code: 17–2071 (engineer) and 43–4071
                                                wage rate will be $30.66. These figures are taken                          91 The 36 hour figure is broken into 24 hours at                          (clerk).
                                                                                                                                                                                                        92 Id.
                                                from the Bureau of Labor Statistics at http://                          the engineer wage rate and 12 hours at the clerk
                                                www.bls.gov/oes/current/naics2_22.htm;                                  wage rate. These estimates assume that the                                      93 Clerk’s wage rate is used for managing data

                                                                                                                        engineer’s wage rate will be $66.35 and the clerk’s                          retention.



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                                                                Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                               73657

                                                Protection and Control Reliability                        respondents affected by this Reliability              VII. Environmental Analysis
                                                Standards.                                                Standard.95
                                                                                                             73. On average, each small entity                     77. The Commission is required to
                                                   68. Internal review: The Commission                                                                          prepare an Environmental Assessment
                                                has reviewed the requirements                             affected may have a one-time cost of
                                                                                                          $92,387 representing a one-time review                or an Environmental Impact Statement
                                                pertaining to Reliability Standards PRC–                                                                        for any action that may have a
                                                010–1 and EOP–011–1 and made a                            of the program for each entity,
                                                                                                          consisting of 1,500 man-hours at $66.35/              significant adverse effect on the human
                                                determination that the requirements of                                                                          environment.96 The Commission has
                                                these Reliability Standards are                           hour (for engineer wages) and $30.66/
                                                                                                          hour (for record clerks), as explained                categorically excluded certain actions
                                                necessary to implement section 215 of                                                                           from this requirement as not having a
                                                the FPA. These requirements conform to                    above in the information collection
                                                                                                          statement.                                            significant effect on the human
                                                the Commission’s plan for efficient                                                                             environment. Included in the exclusion
                                                                                                             74. Reliability Standard PRC–010–1 is
                                                information collection, communication                                                                           are rules that are clarifying, corrective,
                                                                                                          expected to impose an additional
                                                and management within the energy                                                                                or procedural or that do not
                                                                                                          burden on 26 entities (distribution
                                                industry. The Commission has assured                                                                            substantially change the effect of the
                                                                                                          providers and transmission providers or
                                                itself, by means of its internal review,                                                                        regulations being amended.97 The
                                                                                                          a combination thereof). Comparison of
                                                that there is specific, objective support                                                                       actions proposed herein fall within this
                                                                                                          the applicable entities with FERC’s
                                                for the burden estimates associated with                                                                        categorical exclusion in the
                                                                                                          small business data indicates that
                                                the information requirements.                             approximately 8 of the 26 entities are                Commission’s regulations.
                                                   69. Interested persons may obtain                      small entities, or 30.77 percent of the               VIII. Document Availability
                                                information on the reporting                              respondents affected by this Reliability
                                                requirements by contacting the Federal                    Standard.                                               78. In addition to publishing the full
                                                Energy Regulatory Commission, Office                         75. On average, each small entity                  text of this document in the Federal
                                                of the Executive Director, 888 First                      affected may have a cost of $1,960,                   Register, the Commission provides all
                                                Street NE., Washington, DC 20426                          representing a one-time review of the                 interested persons an opportunity to
                                                [Attention: Ellen Brown, email:                           program for each entity, consisting of 36             view and/or print the contents of this
                                                DataClearance@ferc.gov, phone: (202)                      man-hours at $66.35/hour (for engineer                document via the Internet through the
                                                502–8663, fax: (202) 273–0873].                           wages) and $30.66/hour (for record                    Commission’s Home Page (http://
                                                   70. Comments concerning the                            clerks), as explained above in the                    www.ferc.gov) and in the Commission’s
                                                information collections in this Final                     information collection statement.                     Public Reference Room during normal
                                                Rule and the associated burden                            Regarding the revisions to the Remedial               business hours (8:30 a.m. to 5:00 p.m.
                                                estimates, should be sent to the                          Action Scheme definition and the                      Eastern time) at 888 First Street NE.,
                                                Commission in this docket and may also                    related Reliability Standards including               Room 2A, Washington, DC 20426.
                                                be sent to the Office of Management and                   the revised definition, as discussed                    79. From the Commission’s Home
                                                Budget, Office of Information and                         above, the Commission estimates that                  Page on the Internet, this information is
                                                Regulatory Affairs [Attention: Desk                       proposals will have no cost impact on                 available on eLibrary. The full text of
                                                Officer for the Federal Energy                            applicable entities, including any small              this document is available on eLibrary
                                                Regulatory Commission]. For security                      entities.                                             in PDF and Microsoft Word format for
                                                reasons, comments should be sent by                          76. The Commission estimates that                  viewing, printing, and/or downloading.
                                                email to OMB at the following email                       Reliability Standards EOP–011–1 and                   To access this document in eLibrary,
                                                address: oira_submission@omb.eop.gov.                     PRC–010–1 in this Final Rule impose an                type the docket number excluding the
                                                Please reference the docket number of                     additional burden on a total of 37                    last three digits of this document in the
                                                this Final Rule (Docket Nos. RM15–13–                     entities. FERC’s small business data                  docket number field.
                                                000, RM15–12–000, and RM15–7–000)                         indicates that 15 of the 37 respondents                 80. User assistance is available for
                                                in your submission.                                       are small entities, or 40.54 percent of               eLibrary and the Commission’s Web site
                                                                                                          the respondents affected by these                     during normal business hours from the
                                                VI. Regulatory Flexibility Act                            proposed Reliability Standards. On                    Commission’s Online Support at 202–
                                                Certification                                             average, each small entity affected may               502–6652 (toll free at 1–866–208–3676)
                                                                                                          have a cost of $92,387 and $1,960 (EOP–               or email at ferconlinesupport@ferc.gov,
                                                   71. The Regulatory Flexibility Act of                  011–1 and PRC–010–1 respectively),
                                                1980 (RFA) 94 generally requires a                                                                              or the Public Reference Room at (202)
                                                                                                          representing a one-time review of the                 502–8371, TTY (202) 502–8659. Email
                                                description and analysis of Proposed                      program for each entity. We do not
                                                Rules that will have significant                                                                                the Public Reference Room at
                                                                                                          consider these costs to be a significant              public.referenceroom@ferc.gov.
                                                economic impact on a substantial                          economic impact on small entities.
                                                number of small entities.                                 Accordingly, the Commission certifies                 IX. Effective Date and Congressional
                                                   72. Reliability Standard EOP–011–1 is                  that Reliability Standards EOP–011–1                  Notification
                                                expected to impose an additional                          and PRC–010–1 will not have a                           81. This Final Rule is effective
                                                burden on 11 entities (reliability                        significant economic impact on a                      January 25, 2016. The Commission has
                                                coordinators). The remaining 434                          substantial number of small entities.                 determined, with the concurrence of the
                                                entities (balancing authorities and
                                                                                                                                                                Administrator of the Office of
                                                transmission operators and a                                95 The Small Business Administration sets the
                                                                                                                                                                Information and Regulatory Affairs of
                                                combination thereof) will maintain the                    threshold for what constitutes a small business.
                                                                                                                                                                OMB, that this rule is not a ‘‘major rule’’
jstallworth on DSK7TPTVN1PROD with RULES




                                                existing levels of burden. Comparison of                  Public utilities may fall under one of several
                                                                                                          different categories, each with a size threshold      as defined in section 351 of the Small
                                                the applicable entities with FERC’s                       based on the company’s number of employees,           Business Regulatory Enforcement
                                                small business data indicates that                        including affiliates, the parent company, and
                                                approximately 7 of the 11 entities are                    subsidiaries. For the analysis in this NOPR, we are
                                                                                                                                                                  96 Regulations Implementing the National
                                                small entities, or 63.63 percent of the                   using a 500 employee threshold for each affected
                                                                                                          entity. Each entity is classified as Electric Bulk    Environmental Policy Act of 1969, Order No. 486,
                                                                                                          Power Transmission and Control (NAICS code            FERC Stats. & Regs. ¶ 30,783 (1987).
                                                  94 5   U.S.C. 601–12.                                   221121).                                                97 18 CFR 380.4(a)(2)(ii).




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                                                73658           Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                Fairness Act of 1996.98 The Commission                    and quality of the product. The Alcohol                 • A narrative description of the
                                                will submit the final rule to both houses                 and Tobacco Tax and Trade Bureau                      features of the proposed AVA affecting
                                                of Congress and to the General                            (TTB) administers the FAA Act                         viticulture, such as climate, geology,
                                                Accountability Office.                                    pursuant to section 1111(d) of the                    soils, physical features, and elevation,
                                                  By the Commission.                                      Homeland Security Act of 2002,                        that make the proposed AVA distinctive
                                                                                                          codified at 6 U.S.C. 531(d). The                      and distinguish it from adjacent areas
                                                  Issued: November 19, 2015.
                                                                                                          Secretary has delegated various                       outside the proposed AVA boundary;
                                                Nathaniel J. Davis, Sr.,                                                                                          • The appropriate United States
                                                                                                          authorities through Treasury
                                                Deputy Secretary.                                         Department Order 120–01, dated                        Geological Survey (USGS) map(s)
                                                [FR Doc. 2015–29971 Filed 11–24–15; 8:45 am]              December 10, 2013, to the TTB                         showing the location of the proposed
                                                BILLING CODE 6717–01–P                                    Administrator to perform the functions                AVA, with the boundary of the
                                                                                                          and duties in the administration and                  proposed AVA clearly drawn thereon;
                                                                                                          enforcement of this law.                              and
                                                DEPARTMENT OF THE TREASURY                                   Part 4 of the TTB regulations (27 CFR                • A detailed narrative description of
                                                                                                          part 4) authorizes TTB to establish                   the proposed AVA boundary based on
                                                Alcohol and Tobacco Tax and Trade                         definitive viticultural areas and regulate            USGS map markings.
                                                Bureau                                                    the use of their names as appellations of             Eagle Foothills Petition
                                                                                                          origin on wine labels and in wine                        TTB received a petition from Martha
                                                27 CFR Part 9                                             advertisements. Part 9 of the TTB                     Cunningham, owner of the 3 Horse
                                                [Docket No. TTB–2015–0006; T.D. TTB–131;                  regulations (27 CFR part 9) sets forth                Ranch Vineyards, on behalf of the local
                                                Ref: Notice No. 150]                                      standards for the preparation and                     grape growers and vintners, proposing
                                                RIN 1513–AC18                                             submission of petitions for the                       the establishment of the ‘‘Eagle
                                                                                                          establishment or modification of                      Foothills’’ AVA in Gem and Ada
                                                Establishment of the Eagle Foothills                      American viticultural areas (AVAs) and                Counties, Idaho. The proposed AVA is
                                                Viticultural Area                                         lists the approved AVAs.                              immediately north of the city of Eagle
                                                AGENCY:  Alcohol and Tobacco Tax and                      Definition                                            and is approximately 10 miles
                                                Trade Bureau, Treasury.                                                                                         northwest of the city of Boise. The Eagle
                                                                                                            Section 4.25(e)(1)(i) of the TTB                    Foothills AVA is located entirely within
                                                ACTION: Final rule; Treasury decision.                    regulations (27 CFR 4.25(e)(1)(i)) defines            the established Snake River Valley AVA
                                                                                                          a viticultural area for American wine as              (27 CFR 9.208) and does not overlap
                                                SUMMARY:   The Alcohol and Tobacco Tax
                                                                                                          a delimited grape-growing region having               with any other existing or proposed
                                                and Trade Bureau (TTB) establishes the
                                                                                                          distinguishing features, as described in              AVA. The original proposed name for
                                                approximately 49,815-acre ‘‘Eagle
                                                                                                          part 9 of the regulations, and a name                 the AVA was ‘‘Willow Creek Idaho.’’
                                                Foothills’’ viticultural area in Gem and
                                                                                                          and a delineated boundary, as                         However, TTB determined that the
                                                Ada Counties in Idaho. The viticultural
                                                                                                          established in part 9 of the regulations.             petition did not sufficiently demonstrate
                                                area lies entirely within the established
                                                                                                          These designations allow vintners and                 that the region is known by that name.
                                                Snake River Valley viticultural area.
                                                                                                          consumers to attribute a given quality,               Therefore, the petitioner submitted a
                                                TTB designates viticultural areas to
                                                                                                          reputation, or other characteristic of a              request to change the proposed AVA
                                                allow vintners to better describe the
                                                                                                          wine made from grapes grown in an area                name to ‘‘Eagle Foothills.’’
                                                origin of their wines and to allow
                                                                                                          to the wine’s geographic origin. The                     The proposed Eagle Foothills AVA
                                                consumers to better identify wines they
                                                                                                          establishment of AVAs allows vintners                 contains approximately 49,815 acres,
                                                may purchase.
                                                                                                          to describe more accurately the origin of             with 9 commercially-producing
                                                DATES: This final rule is effective
                                                                                                          their wines to consumers and helps                    vineyards covering a total of 67 acres
                                                December 28, 2015.                                        consumers to identify wines they may                  distributed throughout the proposed
                                                FOR FURTHER INFORMATION CONTACT:                          purchase. Establishment of an AVA is                  AVA. The petition states that an
                                                Dominique Christianson, Regulations                       neither an approval nor an endorsement                additional 4 acres will soon be added to
                                                and Rulings Division, Alcohol and                         by TTB of the wine produced in that                   an existing vineyard and that an
                                                Tobacco Tax and Trade Bureau, 1310 G                      area.                                                 additional 7 commercial vineyards
                                                Street NW., Box 12, Washington, DC
                                                                                                          Requirements                                          covering approximately 472 acres are
                                                20005; phone 202–453–1039, ext. 278.
                                                                                                                                                                planned within the next few years.
                                                SUPPLEMENTARY INFORMATION:                                  Section 4.25(e)(2) of the TTB                          According to the petition, the
                                                Background on Viticultural Areas                          regulations (27 CFR 4.25(e)(2)) outlines              distinguishing features of the proposed
                                                                                                          the procedure for proposing an AVA                    Eagle Foothills AVA are its topography,
                                                TTB Authority                                             and provides that any interested party                climate, and soils. The proposed AVA is
                                                  Section 105(e) of the Federal Alcohol                   may petition TTB to establish a grape-                located within the Unwooded Alkaline
                                                Administration Act (FAA Act), 27                          growing region as an AVA. Section 9.12                Foothills ecoregion of Idaho. This
                                                U.S.C. 205(e), authorizes the Secretary                   of the TTB regulations (27 CFR 9.12)                  ecoregion is defined as an arid, sparsely
                                                of the Treasury to prescribe regulations                  prescribes standards for petitions for the            populated region of rolling foothills,
                                                for the labeling of wine, distilled spirits,              establishment or modification of AVAs.                benches, and alluvial fans underlain by
                                                and malt beverages. The FAA Act                           Petitions to establish an AVA must                    alkaline lake bed deposits. A network of
                                                provides that these regulations should,                   include the following:                                seasonal creeks flowing southwesterly
jstallworth on DSK7TPTVN1PROD with RULES




                                                among other things, prohibit consumer                       • Evidence that the area within the                 through the proposed AVA have created
                                                deception and the use of misleading                       proposed AVA boundary is nationally                   deep gulches and a rugged terrain that
                                                statements on labels and ensure that                      or locally known by the AVA name                      has a variety of slope aspects favorable
                                                labels provide the consumer with                          specified in the petition;                            to the vineyard owners. The elevation
                                                adequate information as to the identity                     • An explanation of the basis for                   within the proposed AVA ranges from
                                                                                                          defining the boundary of the proposed                 2,490 feet to approximately 3,400 feet,
                                                  98 See   5 U.S.C. 804(2).                               AVA;                                                  with an average elevation of 2,900 feet.


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Document Created: 2018-03-01 11:15:45
Document Modified: 2018-03-01 11:15:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will become effective January 25, 2016.
ContactJuan Villar (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (772) 678-6496, [email protected] Nick Henery (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8636, [email protected] Mark Bennett (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8524, [email protected]
FR Citation80 FR 73647 

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