80 FR 76855 - Open Access and Priority Rights on Interconnection Customer's Interconnection Facilities

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range		76855-76855
FR Document		2015-31216

This document contains corrections to the final regulations that became effective June 30, 2015, as published in the 2015 edition of the Code of Federal Regulations.

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Page 76855]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31216]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / 
Rules and Regulations

[[Page 76855]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM14-11-000]


Open Access and Priority Rights on Interconnection Customer's 
Interconnection Facilities

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final regulations 
that became effective June 30, 2015, as published in the 2015 edition 
of the Code of Federal Regulations.

DATES: Effective date: December 11, 2015.

FOR FURTHER INFORMATION CONTACT: Brian R. Gish (Legal Information), 
Office of the General Counsel, Federal Energy Regulatory Commission, 
888 First Street NE., Washington, DC 20426, Telephone: 202-502-8998, 
Email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission amended 18 CFR 35.28(d), 
addressing waivers of the Open Access Transmission Tariff requirements 
for public utilities that own, operate, or control Interconnection 
Customer's Interconnection Facilities.
    As published in the 2015 edition of the Code of Federal 
Regulations, the final regulations effective June 30, 2015, contained 
an error; they incorrectly removed certain language from 18 CFR 
35.28(d) that should have been retained. The Commission did not intend 
to remove this language. This correcting amendment reinserts the 
incorrectly-removed language.

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and 
recordkeeping requirements.

    Accordingly, 18 CFR part 35 is corrected by making the following 
correcting amendment:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


0
2. Section 35.28 is corrected by revising paragraph (d) to read as 
follows:


Sec.  35.28  Non-discriminatory open access transmission tariff.

* * * * *
    (d) Waivers. (1) A public utility subject to the requirements of 
this section and 18 CFR parts 37 (Open Access Same-Time Information 
System) and 358 (Standards of Conduct for Transmission Providers) may 
file a request for waiver of all or part of such requirements for good 
cause shown. Except as provided in paragraph (f) of this section, an 
application for waiver must be filed no later than 60 days prior to the 
time the public utility would have to comply with the requirement.
    (2) The requirements of this section, 18 CFR parts 37 (Open Access 
Same-Time Information System) and 358 (Standards of Conduct for 
Transmission Providers) are waived for any public utility that is or 
becomes subject to such requirements solely because it owns, controls, 
or operates Interconnection Customer's Interconnection Facilities, in 
whole or in part, as that term is defined in the standard generator 
interconnection procedures and agreements referenced in paragraph (f) 
of this section, or comparable jurisdictional interconnection 
facilities that are the subject of interconnection agreements other 
than the standard generator interconnection procedures and agreements 
referenced in paragraph (f) of this section, if the entity that owns, 
operates, or controls such facilities either sells electric energy, or 
files a statement with the Commission that it commits to comply with 
and be bound by the obligations and procedures applicable to electric 
utilities under section 210 of the Federal Power Act.
    (i) The waivers referenced in this paragraph (d)(2) shall be deemed 
to be revoked as of the date the public utility ceases to satisfy the 
qualifications of this paragraph (d)(2), and may be revoked by the 
Commission if the Commission determines that it is in the public 
interest to do so. After revocation of its waivers, the public utility 
must comply with the requirements that had been waived within 60 days 
of revocation.
    (ii) Any eligible entity that seeks interconnection or transmission 
services with respect to the interconnection facilities for which a 
waiver is in effect pursuant to this paragraph (d)(2) may follow the 
procedures in sections 210, 211, and 212 of the Federal Power Act, 18 
CFR 2.20, and 18 CFR part 36. In any proceeding pursuant to this 
paragraph (d)(2)(ii):
    (A) The Commission will consider it to be in the public interest to 
grant priority rights to the owner and/or operator of interconnection 
facilities specified in this paragraph (d)(2) to use capacity thereon 
when such owner and/or operator can demonstrate that it has specific 
plans with milestones to use such capacity to interconnect its or its 
affiliate's future generation projects.
    (B) For the first five years after the commercial operation date of 
the interconnection facilities specified in this paragraph (d)(2), the 
Commission will apply the rebuttable presumption that the owner and/or 
operator of such facilities has definitive plans to use the capacity 
thereon, and it is thus in the public interest to grant priority rights 
to the owner and/or operator of such facilities to use capacity 
thereon.
* * * * *

    Dated: December 7, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31216 Filed 12-10-15; 8:45 am]
 BILLING CODE 6717-01-P

76855

Rules and Regulations Federal Register
Vol. 80, No. 238

Friday, December 11, 2015

This section of the FEDERAL REGISTER List of Subjects in 18 CFR Part 35 (i) The waivers referenced in this
contains regulatory documents having general paragraph (d)(2) shall be deemed to be
Electric power rates, Electric utilities,
applicability and legal effect, most of which revoked as of the date the public utility
are keyed to and codified in the Code of Reporting and recordkeeping
requirements. ceases to satisfy the qualifications of
Federal Regulations, which is published under this paragraph (d)(2), and may be
50 titles pursuant to 44 U.S.C. 1510. Accordingly, 18 CFR part 35 is
revoked by the Commission if the
corrected by making the following
The Code of Federal Regulations is sold by Commission determines that it is in the
correcting amendment:
the Superintendent of Documents. Prices of public interest to do so. After revocation
new books are listed in the first FEDERAL PART 35—FILING OF RATE of its waivers, the public utility must
REGISTER issue of each week. SCHEDULES AND TARIFFS comply with the requirements that had
been waived within 60 days of
■ 1. The authority citation for part 35 revocation.
DEPARTMENT OF ENERGY continues to read as follows: (ii) Any eligible entity that seeks
Authority: 16 U.S.C. 791a–825r, 2601– interconnection or transmission services
Federal Energy Regulatory with respect to the interconnection
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
Commission facilities for which a waiver is in effect
■ 2. Section 35.28 is corrected by
pursuant to this paragraph (d)(2) may
18 CFR Part 35 revising paragraph (d) to read as
follow the procedures in sections 210,
follows:
211, and 212 of the Federal Power Act,
[Docket No. RM14–11–000] § 35.28 Non-discriminatory open access 18 CFR 2.20, and 18 CFR part 36. In any
transmission tariff. proceeding pursuant to this paragraph
Open Access and Priority Rights on (d)(2)(ii):
* * * * *
Interconnection Customer’s (d) Waivers. (1) A public utility (A) The Commission will consider it
Interconnection Facilities subject to the requirements of this to be in the public interest to grant
section and 18 CFR parts 37 (Open priority rights to the owner and/or
AGENCY:Federal Energy Regulatory
Access Same-Time Information System) operator of interconnection facilities
Commission, Department of Energy.
and 358 (Standards of Conduct for specified in this paragraph (d)(2) to use
ACTION: Correcting amendment. Transmission Providers) may file a capacity thereon when such owner and/
request for waiver of all or part of such or operator can demonstrate that it has
SUMMARY: This document contains requirements for good cause shown. specific plans with milestones to use
corrections to the final regulations that Except as provided in paragraph (f) of such capacity to interconnect its or its
became effective June 30, 2015, as this section, an application for waiver affiliate’s future generation projects.
published in the 2015 edition of the must be filed no later than 60 days prior (B) For the first five years after the
Code of Federal Regulations. to the time the public utility would have commercial operation date of the
DATES: Effective date: December 11, to comply with the requirement. interconnection facilities specified in
2015. (2) The requirements of this section, this paragraph (d)(2), the Commission
18 CFR parts 37 (Open Access Same- will apply the rebuttable presumption
FOR FURTHER INFORMATION CONTACT: Time Information System) and 358 that the owner and/or operator of such
Brian R. Gish (Legal Information), Office (Standards of Conduct for Transmission facilities has definitive plans to use the
of the General Counsel, Federal Energy Providers) are waived for any public capacity thereon, and it is thus in the
Regulatory Commission, 888 First Street utility that is or becomes subject to such public interest to grant priority rights to
NE., Washington, DC 20426, Telephone: requirements solely because it owns, the owner and/or operator of such
202–502–8998, Email: brian.gish@ controls, or operates Interconnection facilities to use capacity thereon.
ferc.gov. Customer’s Interconnection Facilities, in * * * * *
whole or in part, as that term is defined
SUPPLEMENTARY INFORMATION: The Dated: December 7, 2015.
in the standard generator
Commission amended 18 CFR 35.28(d), interconnection procedures and Nathaniel J. Davis, Sr.,
addressing waivers of the Open Access agreements referenced in paragraph (f) Deputy Secretary.
Transmission Tariff requirements for of this section, or comparable [FR Doc. 2015–31216 Filed 12–10–15; 8:45 am]
public utilities that own, operate, or jurisdictional interconnection facilities BILLING CODE 6717–01–P
control Interconnection Customer’s that are the subject of interconnection
Interconnection Facilities. agreements other than the standard
As published in the 2015 edition of generator interconnection procedures SUSQUEHANNA RIVER BASIN
the Code of Federal Regulations, the and agreements referenced in paragraph COMMISSION
final regulations effective June 30, 2015, (f) of this section, if the entity that owns,
contained an error; they incorrectly operates, or controls such facilities 18 CFR Part 806
tkelley on DSK9F6TC42PROD with RULES

removed certain language from 18 CFR either sells electric energy, or files a
35.28(d) that should have been retained. statement with the Commission that it Review and Approval of Projects
The Commission did not intend to commits to comply with and be bound AGENCY: Susquehanna River Basin
remove this language. This correcting by the obligations and procedures Commission.
amendment reinserts the incorrectly- applicable to electric utilities under
ACTION: Final rule.
removed language. section 210 of the Federal Power Act.

VerDate Sep<11>2014 16:53 Dec 10, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\11DER1.SGM 11DER1

Document Created: 2018-03-02 09:12:30
Document Modified: 2018-03-02 09:12:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Correcting amendment.
Dates		Effective date: December 11, 2015.
Contact		Brian R. Gish (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: 202-502-8998, Email: [email protected]
FR Citation		80 FR 76855
CFR Associated		Electric Power Rates; Electric Utilities and Reporting and Recordkeeping Requirements

80 FR 76855 - Open Access and Priority Rights on Interconnection Customer's Interconnection Facilities

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 80, Issue 238 (December 11, 2015)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission