81 FR 15635 - Relay Performance During Stable Power Swings Reliability Standard
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 57 (March 24, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 57 (March 24, 2016)
| Page Range | 15635-15641 | |
| FR Document | 2016-06508 |
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)] [Rules and Regulations] [Pages 15635-15641] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06508] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 40 [Docket No. RM15-8-000; Order No. 823] Relay Performance During Stable Power Swings Reliability Standard AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission approves Reliability Standard PRC-026-1 (Relay Performance During Stable Power Swings), submitted by the North American Electric Reliability Corporation. Reliability Standard PRC-026-1 is designed to ensure that applicable entities use protective relay systems that can differentiate between faults and stable power swings. DATES: This rule will become effective May 23, 2016. FOR FURTHER INFORMATION CONTACT: Kenneth Hubona (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (301) 665-1608, [email protected]. Kevin Ryan (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6840, [email protected]. SUPPLEMENTARY INFORMATION: Order No. 823 Final Rule 1. Pursuant to section 215 of the Federal Power Act (FPA), the Commission approves Reliability Standard PRC-026-1 (Relay Performance During Stable Power Swings).\1\ The North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization (ERO), developed and submitted Reliability Standard PRC- 026-1 for Commission approval. Reliability Standard PRC-026-1 applies to planning coordinators and to generator owners and transmission owners that apply certain load-responsive protective relays in specific, identified circumstances. Reliability Standard PRC-026-1 is designed to ensure the use of protective relay systems that can differentiate between faults and stable power swings. --------------------------------------------------------------------------- \1\ 16 U.S.C. 824o. --------------------------------------------------------------------------- 2. The Commission determines that Reliability Standard PRC-026-1 satisfies the directive in Order No. 733 concerning undesirable relay operation due to power swings.\2\ The Commission concludes that Reliability Standard PRC-026-1 provides an equally effective and efficient alternative to the Order No. 733 directive requiring the use of protective relay systems that can differentiate between faults and stable power swings and, when necessary, retirement of protective relay systems that cannot meet this requirement.\3\ --------------------------------------------------------------------------- \2\ Transmission Relay Loadability Reliability Standard, Order No. 733, 130 FERC ] 61,221, at P 153 (2010), order on reh'g and clarification, Order No. 733-A, 134 FERC ] 61,127, order on reh'g and clarification, Order No. 733-B, 136 FERC ] 61,185 (2011). \3\ Id. P 150. --------------------------------------------------------------------------- 3. The Commission approves NERC's assigned violation risk factors, violation [[Page 15636]] severity levels and implementation plan. I. Background A. Mandatory Reliability Standards and Order No. 733 Directives 4. Section 215 of the FPA requires a Commission-certified ERO to develop mandatory and enforceable Reliability Standards, subject to Commission review and approval.\4\ Pursuant to section 215 of the FPA, the Commission established a process to select and certify an ERO,\5\ and subsequently certified NERC.\6\ --------------------------------------------------------------------------- \4\ 16 U.S.C. 824(d) and (e). \5\ Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, Order No. 672, FERC Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC Stats. & Regs. ] 31,212 (2006). \6\ North American Electric Reliability Corp., 116 FERC ] 61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006), aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009). --------------------------------------------------------------------------- 5. On March 18, 2010, the Commission approved Reliability Standard PRC-023-1 (Transmission Relay Loadability) in Order No. 733. The Commission also directed NERC to develop a new Reliability Standard that required the use of protective relay systems that can differentiate between faults and stable power swings and, when necessary, the retirement of protective relay systems that cannot meet this requirement.\7\ In Order No. 733, the Commission cited the findings of both NERC and the U.S.-Canada Power System Outage Task Force on the causes of the 2003 Northeast Blackout, explaining that the cascade during this event was accelerated by zone 2 and zone 3 relays that tripped facilities out of service because these devices could not distinguish between a dynamic, but stable, power swing and an actual fault.\8\ While the Commission recognized that addressing stable power swings is a complex issue, Order No. 733 observed that there was no Reliability Standard to address relays tripping for stable power swings despite their contribution to the 2003 Northeast Blackout. Accordingly, the Commission directed NERC to develop a Reliability Standard to address undesirable relay operation due to stable power swings.\9\ --------------------------------------------------------------------------- \7\ Order No. 733, 130 FERC ] 61,221 at P 150. \8\ Id. PP 3-4, 130 (citing U.S.-Canada Power System Outage Task Force, Final Report on the August 14, 2003 Blackout in the United States and Canada: Causes and Recommendations, at 80 (2004); and August 14, 2003 Blackout: NERC Actions to Prevent and Mitigate the Impacts of Future Cascading Blackouts, at 13 (2004)). \9\ Id. P 153. --------------------------------------------------------------------------- 6. On February 17, 2011, the Commission denied rehearing in Order No. 733-A, stating that ``[w]e continue to believe that not addressing stable power swings constitutes a gap in the current Reliability Standards and must be addressed.'' \10\ Accordingly, the Commission affirmed the directive in Order No. 733 that NERC develop a Reliability Standard addressing stable power swings.\11\ The Commission clarified that it did not require a Reliability Standard containing an absolute obligation to prevent protection relays from operating unnecessarily during stable power swings or an across-the-board elimination of all zone 3 relays; the Commission only required the development of a Reliability Standard that addresses protection systems that are vulnerable to stable power swings (resulting from Category B and Category C contingencies from the NERC Planning Standards in place at that time) that result in inappropriate tripping.\12\ In Order No. 733- B, the Commission denied further clarification on this issue. --------------------------------------------------------------------------- \10\ Order No. 733-A, 134 FERC ] 61,127 at P 104. \11\ Id. \12\ Id. P 107. --------------------------------------------------------------------------- B. NERC Petition and Reliability Standard PRC-026-1 7. On December 31, 2014, NERC submitted a petition seeking approval of Reliability Standard PRC-026-1, as well as the associated violation risk factors, violation severity levels and implementation plan.\13\ NERC avers that Reliability Standard PRC-026-1 satisfies the Order No. 733 directive to develop a new Reliability Standard that requires the use of protective relay systems that can differentiate between faults and stable power swings. According to NERC, Reliability Standard PRC- 026-1 sets forth requirements that prevent the unnecessary tripping of bulk electric system elements in response to stable power swings.\14\ NERC further explains that the identification of bulk electric system elements with protection systems at-risk of operating as a result of a stable or unstable power swing and the subsequent review by the applicable generator owner or transmission owner ``provides assurance that relays will continue to be secure for stable power swings if any changes in system impedance occur.''\15\ --------------------------------------------------------------------------- \13\ Reliability Standard PRC-026-1 is available on the Commission's eLibrary document retrieval system in Docket No. RM15- 8-000 and on the NERC Web site, www.nerc.com. \14\ See NERC Petition at 4. \15\ Id. --------------------------------------------------------------------------- 8. According to NERC, Reliability Standard PRC-026-1 is ``directly responsive'' to the Order No. 733 directive that NERC develop a Reliability Standard addressing undesirable relay operation due to stable power swings.\16\ However, NERC explains that the Reliability Standard PRC-026-1 ``includes an alternative to the Commission's approach to require `the use of protective relay systems that can differentiate between faults and stable power swings and, when necessary, phases out protective relay systems that cannot meet this requirement.' '' \17\ NERC notes that in Order No. 733-A, the Commission clarified that it had not intended ``to prohibit NERC from exercising its technical expertise to develop a solution to an identified reliability concern that is equally effective and efficient as the one proposed in Order No. 733.'' \18\ In support of its alternative solution, NERC states that ``it is generally preferable to emphasize dependability over security when it is not possible to ensure both for all possible system conditions.'' \19\ NERC also avers that ``[p]rohibiting use of certain types of relays, such as those protective relay systems that cannot differentiate between faults and stable power swings, may have unintended negative outcomes for Bulk- Power System reliability.'' \20\ --------------------------------------------------------------------------- \16\ Id. at 23 (citing Order No. 733, 130 FERC ] 61,221 at P 153). \17\ Id. (quoting Order No. 733, 130 FERC ] 61,221 at P 162). \18\ Id. at 11 (citing Order No. 733-A, 134 FERC ] 61,127 at P 11). \19\ Id. at 24. \20\ Id. --------------------------------------------------------------------------- 9. Reliability Standard PRC-026-1 has four requirements and two attachments. NERC explains that Attachment A ``provides clarity on which load-responsive protective relay functions are applicable'' under the standard.\21\ Specifically, Attachment A provides that Reliability Standard PRC-026-1 applies to: --------------------------------------------------------------------------- \21\ Id. at 31. any protective functions which could trip instantaneously or with a time delay of less than 15 cycles on load current (i.e., ``load- --------------------------------------------------------------------------- responsive''). . . . According to NERC, the 15 cycle time delay ``is representative of an expected power swing having a slow slip rate of 0.67 Hertz (Hz) and is the average time that a stable power swing with that slip rate would enter the relay's characteristic, reverse direction, and then exit the characteristic before the time delay expired.'' \22\ NERC states that the proposed standard does not apply to ``functions that are either immune to power swings, block power swings, or prevent non-immune protection function operation due to supervision of [[Page 15637]] the function.'' \23\ Attachment B contains the criteria for the evaluation of load-responsive protective relays that are within the scope of Reliability Standard PRC-026-1.\24\ --------------------------------------------------------------------------- \22\ Id. at 30. \23\ Id. at 31. \24\ See id. at 35-38. --------------------------------------------------------------------------- 10. Under NERC's proposed implementation plan for Reliability Standard PRC-026-1, Requirement R1 would become effective 12 months after Commission approval, and Requirements R2, R3 and R4 become effective 36 months after Commission approval. C. Notice of Proposed Rulemaking 11. On September 17, 2015, the Commission issued a Notice of Proposed Rulemaking (NOPR) proposing to approve Reliability Standard PRC-026-1 as just, reasonable, not unduly discriminatory or preferential and in the public interest.\25\ The NOPR stated that Reliability Standard PRC-026-1 appears to adequately address the Commission's directive in Order No. 733 by helping to prevent the unnecessary tripping of bulk electric system elements in response to stable power swings. The NOPR also proposed to accept NERC's proposed approach as an equally effective and efficient method to achieve the reliability goal underlying the Commission's Order No. 733 directive. --------------------------------------------------------------------------- \25\ Relay Performance During Stable Power Swings Reliability Standard, Notice of Proposed Rulemaking, 80 FR 57549 (Sept. 24, 2015), 152 FERC ] 61,200 (2015). --------------------------------------------------------------------------- 12. In the NOPR, the Commission also expressed concern that NERC's exclusion of load responsive relays with a time delay of 15 cycles or greater, as proposed in Attachment A to Reliability Standard PRC-026-1, could result in a gap in reliability. The Commission explained that, pursuant to Attachment A, Reliability Standard PRC-026-1 applies to ``any protective functions which could trip instantaneously or with a time delay of less than 15 cycles on load current (i.e., ``load- responsive''). . . .'' The Commission further explained that, although NERC offered a technical rationale for the less than 15 cycle threshold, explaining that load-responsive relays set to trip instantaneously or with a ``slight time delay'' are most susceptible to power swings, NERC did not supply information on the burden of including relays with a time delay of 15 cycles or greater under Reliability Standard PRC-026-1.\26\ The Commission stated that the lack of this information is significant in light of the fact that an entity would not be required under Reliability Standard PRC-026-1 to investigate an element identified by a planning coordinator as potentially susceptible to power swings or investigate an element following a known power swing trip if the relay(s) involved have a time delay of 15 cycles or greater.\27\ --------------------------------------------------------------------------- \26\ See NOPR, 152 FERC ] 61,200 at P 14 (citing NERC Petition at 29-30). \27\ Id. --------------------------------------------------------------------------- 13. The NOPR requested comments on the potential burden of modifying the applicability of Reliability Standard PRC-026-1 to include relays with a time delay of 15 cycles or greater in instances where either: (1) An element has been identified by a planning coordinator as potentially susceptible to power swings; or (2) an entity becomes aware of a bulk electric system element that tripped in response to a stable or unstable power swing due to the operation of its protective relay(s), even if the element was not previously identified by the planning coordinator. The Commission stated that it may direct NERC to develop modifications to Reliability Standard PRC- 026-1 depending on the response to the questions on the applicability of Reliability Standard PRC-026-1. 14. In response to the NOPR, seven entities submitted comments. A list of commenters appears in Appendix A. The comments have informed our decision making in this Final Rule. II. Discussion 15. Pursuant to section 215(d)(2) of the FPA, we approve Reliability Standard PRC-026-1 as just, reasonable, not unduly discriminatory or preferential, and in the public interest. We also approve NERC's proposed violation risk factors, violation severity levels and implementation plan. While Reliability Standard PRC-026-1 does not prohibit the use of relays that cannot differentiate between faults and stable power swings, Reliability Standard PRC-026-1 addresses the prevention of unnecessary tripping of bulk electric system elements in response to stable power swings. Accordingly, we approve NERC's approach as an equally effective and efficient method to achieve the reliability goal underlying the Commission's directive in Order No. 733. 16. As discussed below, based on the NOPR comments, we conclude that the potential reliability gap identified in the NOPR, resulting from the exclusion of load responsive relays with a time delay of 15 cycles or greater as proposed in Attachment A to Reliability Standard PRC-026-1, is adequately addressed by the provisions of Reliability Standards TPL-001-4 and PRC-004-4.\28\ --------------------------------------------------------------------------- \28\ As of January 1, 2016, all requirements of Reliability Standard TPL-001-4 are subject to enforcement. Reliability Standard PRC-004-4 was approved May 29, 2015 and will be subject to enforcement July 1, 2016. --------------------------------------------------------------------------- Load Responsive Relays With a Delay of 15 Cycles or Greater Comments 17. NERC, Luminant, NAGF, Tri-State, Idaho Power and EEI support the Commission's proposal to approve Reliability Standard PRC-026-1. In response to the NOPR's question regarding the burden of expanding the applicability of Reliability Standard PRC-026-1 to include load responsive relays with a time delay of 15 cycles or greater, NERC and other commenters offer two responses. First, commenters maintain that the 15 cycle limitation in Reliability Standard PRC-026-1 does not result in a reliability gap because of how Reliability Standard PRC- 026-1 interacts with other Reliability Standards to address the Commission's concern. Second, commenters assert that expanding the applicability of Reliability Standard PRC-026-1 would result in an unnecessary, significant burden or risk to reliability. 18. NERC, EEI, Tri-State and Luminant claim that no reliability gap results from the 15 cycle limitation in Reliability Standard PRC-026-1 because planning assessments required by Reliability Standard TPL-001-4 already address the Commission's concerns regarding relays with a time delay of 15 cycles or greater in instances where an element has been identified by a planning coordinator as potentially susceptible to power swings.\29\ Specifically, NERC explains that a planning assessment conducted pursuant to Reliability Standard TPL-001-4 ``will reveal Elements with load-responsive protective relays having time delays of 15 cycles or greater that trip due to power swings.'' \30\ NERC further contends that, where an element that trips causes a violation of Reliability Standard TPL-001-4 performance criteria, ``the Planning Coordinator is required to mitigate these conditions through a Corrective Action Plan.'' \31\ EEI agrees with NERC's assessment and identifies Reliability Standard TPL-001-4, Requirement R4, Subpart 4.1.2 and Requirement R2, Subpart 2.7 as the corresponding requirements.\32\ --------------------------------------------------------------------------- \29\ NERC Comments at 5-6. See also Tri-State Comments at 4; Luminant Comments at 3. \30\ NERC Comments at 6. \31\ Id. \32\ EEI Comments at 7. --------------------------------------------------------------------------- [[Page 15638]] 19. In addition, NERC and industry commenters state that Reliability Standard PRC-004-4 addresses the Commission's concern regarding situations where a bulk electric system element trips in response to a stable or unstable power swing due to the operation of its protective relay(s).\33\ Specifically, NERC explains that tripping unnecessarily ``due to an actual stable power swing would be classified as a Misoperation under PRC-004-4 (Protection System Misoperation Identification and Correction).'' \34\ NERC explains that a ``Generator Owner and Transmission Owner are required to develop a corrective action plan to address the cause(s) of the Misoperation, for example, tripping due to a load-responsive protective relay set with a time delay of 15 cycles or greater, unless reliability would not be improved.'' \35\ --------------------------------------------------------------------------- \33\ NERC Comments at 9-10. See also EEI Comments at 8; Tri- State Comments at 5. \34\ NERC Comments at 9. \35\ Id. --------------------------------------------------------------------------- 20. Regarding the potential burden of expanding the applicability of Reliability Standard PRC-026-1 to cover relays with a time delay of 15 cycles or greater, NERC and industry commenters state that expanding the applicability of Requirement R1, Criteria 4 (element has been identified by a planning coordinator) would increase the burden on transmission owners and generator owners.\36\ NERC states that there would be no increase in burden for the planning coordinator because the planning coordinator is required by Reliability Standard TPL-001-4, Requirement R4 ``to perform contingency analyses based on computer simulation models for the Stability portion of the annual Planning Assessment.'' \37\ As noted above, NERC explains that where an element that trips during the annual planning assessment causes a violation of Reliability Standard TPL-001-4 performance criteria, ``the Planning Coordinator is required to mitigate these conditions through a Corrective Action Plan.'' \38\ --------------------------------------------------------------------------- \36\ See id. at 7, 9. See also EEI Comments at 6; Luminant Comments at 4; Idaho Power Comments at 2. \37\ NERC Comments at 5. \38\ Id. --------------------------------------------------------------------------- 21. NERC, however, states that expanding the applicability of Reliability Standard PRC-026-1 to cover relays with a time delay of 15 cycles or greater would ``place additional burden on the Generator Owner and Transmission Owner for any Elements that are identified using Requirement R1, Criteria 4.'' \39\ NERC explains that the additional burden ``would be determined by the increase in the quantity of load- responsive protective relays applied to that Element beyond what is proposed in PRC-026-1 (i.e. load-responsive protective relays with time delays of 15 cycles or greater).'' NERC continues that the ``increase in burden could be on the order of two to three times in magnitude to address zone 2 (not communication-aided) and application of reverse zone and/or forward zone 4 remote back-up time delayed elements.'' \40\ --------------------------------------------------------------------------- \39\ Id. at 6. \40\ Id. at 7. --------------------------------------------------------------------------- 22. EEI contends that the additional burden would ``vary greatly by entity size and asset configuration, however, the work associated with this effort would not be inconsequential and would consume significant dollars for large entities while tying up critical and often scarce engineering resources across the industry.'' \41\ EEI explains that even though the Commission proposes to limit the analysis to the two scenarios identified in the NOPR, the proposal would increase the number of relay elements evaluated by 100 to 200 percent at impacted transmission lines, generators and transformer terminals.\42\ --------------------------------------------------------------------------- \41\ EEI Comments at 6. \42\ Id. --------------------------------------------------------------------------- 23. ITC, while not taking a position on the merits of the particular requirements of Reliability Standard PRC-026-1, argues ``that studies and information now available concerning relay performance during stable power swings controvert the Commission's at- the-time reasonable determination in Order No. 733 that a Standard to address relay performance during stable power swings was warranted.'' \43\ In particular, ITC ``urge[s] the Commission to consider the [NERC System Protection and Control Subcommittee] Report findings in issuing its final rule in this proceeding.'' \44\ ITC asserts that the SPSC Report undercuts the rationale for promulgating Reliability Standard PRC-026-1 and argues that ``the Commission should reconsider the necessity of PRC-026-1, particularly in light of the burden NERC has determined the new Standard would impose.'' \45\ --------------------------------------------------------------------------- \43\ ITC Comments at 3. \44\ Id. (referencing NERC System Protection and Control Subcommittee, ``Protection System Response to Power Swings'' (2013) (SPSC Report)). \45\ Id. at 4. --------------------------------------------------------------------------- Commission Determination 24. We find that Reliability Standard PRC-026-1 addresses the Commission's directive in Order No. 733 by providing measures to mitigate the unnecessary tripping of bulk electric system elements in response to stable power swings. While it does not prohibit the use of relays that cannot differentiate between faults and stable power swings, we conclude that Reliability Standard PRC-026-1's approach is an equally effective and efficient method to achieve the reliability goal underlying the Commission's directive in Order No. 733. 25. While ITC asks that the Commission reconsider the necessity of PRC-026-1 in light of the SPSC Report, the Commission continues to believe in the necessity of a Reliability Standard that addresses the performance of relays during stable power swings. In response to ITC's comments, the recommendations from the 2013 SPSC Report were used in the development of Reliability Standard PRC-026-1. As noted by NERC, Reliability Standard PRC-026-1 ``is based on and is consistent with the recommendations found in the [SPSC] Report.'' \46\ Accordingly, we conclude that Reliability Standard PRC-026-1 reflects the recommendations outlined in the SPSC Report. --------------------------------------------------------------------------- \46\ NERC Petition at 15-16. --------------------------------------------------------------------------- 26. Based on the NOPR comments, we are persuaded that the potential reliability gap identified in the NOPR, resulting from the exclusion of load responsive relays with a time delay of 15 cycles or greater as proposed in Attachment A to Reliability Standard PRC-026-1, is adequately addressed by requirements of Reliability Standards TPL-001-4 (Transmission System Planning Performance Standards) and PRC-004-4 (Protection System Misoperation Identification and Correction). We agree with commenters that these Reliability Standards adequately address the risk posed by load responsive relays with a time delay of 15 cycles or greater in the two cases identified in the NOPR. Accordingly, we do not direct any modifications to Reliability Standard PRC-026-1 at this time. 27. First, where an element has been identified by a planning coordinator as potentially susceptible to power swings, Reliability Standard TPL-001-4 addresses the NOPR's concern by requiring applicable entities to both (1) identify elements with load-responsive protective relays having time delays of 15 cycles or greater that trip due to power swings and (2) mitigate through a corrective action plan where Reliability Standard TPL-001-4 performance criteria are not met. Specifically, Reliability Standard TPL-001-4 sets forth the parameters for [[Page 15639]] certain studies associated with the annual planning assessment that are intended to identify, among other things, situations where a transmission system element trips due to an impedance swing resulting from a generator pulling out of synchronization.\47\ An element that trips due to the criteria in Requirement R4, Subpart 4.1.2 fails to meet the performance requirements in Table 1 of Reliability Standard TPL-001-4. When an element fails to meet the performance requirements in Table 1, the planning coordinator is required to develop a ``Corrective Action Plan(s) addressing how the performance requirements will be met.'' \48\ Therefore, Reliability Standard TPL-001-4 addresses the concerns raised in the NOPR regarding the exclusion of load responsive relays with a time delay of 15 cycles or greater from Requirement R1 of Reliability Standard PRC-026-1. --------------------------------------------------------------------------- \47\ See Reliability Standard TPL-001-4 (Transmission System Planning Performance Requirements), Requirement R4, Subpart 4.1.2. \48\ Id., Requirement R2, Subpart 2.7. --------------------------------------------------------------------------- 28. Second, where an entity becomes aware of a bulk electric system element that tripped in response to a stable or unstable power swing due to the operation of its protective relay(s), we agree with commenters that the tripping would be classified as a misoperation under Reliability Standard PRC-004-4.\49\ Therefore, the generator owner or transmission owner would be required to develop a corrective action plan to address the cause(s) of the misoperation, which in this case would be tripping due to a load-responsive protective relay set with a time delay of 15 cycles or greater, unless the transmission owner or generation owner ``explains in a declaration why corrective action plans are beyond the entity's control or would not improve BES reliability.'' \50\ Specifically, Reliability Standard PRC-004-4 requires entities to investigate and mitigate, through a corrective action plan, any misoperation.\51\ A misoperation under Reliability Standard PRC-004-4 includes, in pertinent part, unnecessary trips for non-fault conditions resulting from power swings.\52\ Therefore, Reliability Standard PRC-004-4 addresses the concerns raised in the NOPR regarding the exclusion of load responsive relays with a time delay of 15 cycles or greater from Requirement R2, Part 2.2 of Reliability Standard PRC-026-1. --------------------------------------------------------------------------- \49\ See, e.g., NERC Comments at 9-10, EEI Comments at 8. \50\ Reliability Standard PRC-004-4 (Protection System Misoperation and Correction), Requirement R5. \51\ See id. \52\ Id., Application Guidelines at 22. --------------------------------------------------------------------------- 29. Finally, concerns with the potential burden of expanding the applicability of Reliability Standard PRC-026-1 to cover relays with a time delay of 15 cycles or greater in order to address the potential reliability gap identified in the NOPR are moot given our determination above that the potential reliability gap identified in the NOPR is adequately addressed by existing Reliability Standard requirements. III. Information Collection Statement 30. The FERC-725G \53\ information collection requirements contained in this Final Rule are subject to review by the Office of Management and Budget (OMB) regulations under section 3507(d) of the Paperwork Reduction Act of 1995 (PRA).\54\ OMB's regulations require approval of certain informational collection requirements imposed by agency rules.\55\ 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. --------------------------------------------------------------------------- \53\ The requirements in the RM15-8-000 NOPR were submitted to OMB within FERC-725G3 (OMB Control Number 1902-0285). FERC-725G3 is a temporary collection that enabled timely submission to OMB. The requirements are now being submitted to the information collection intended for these requirements, specifically FERC-725G (OMB Control No. 1902-0252). \54\ 44 U.S.C. 3507(d). \55\ 5 CFR 1320.11. --------------------------------------------------------------------------- 31. The Commission solicited comments on the need for this information, whether the information will have practical utility, the accuracy of the burden estimates, ways to enhance the quality, utility, and clarity of the information to be collected or retained, and any suggested methods for minimizing respondents' burden, including the use of automated information techniques. Specifically, the Commission asked that any revised burden or cost estimates submitted by commenters be supported by sufficient detail to understand how the estimates are generated. The Commission did not receive any comments on the estimates in the NOPR. Public Reporting Burden: The Commission approves Reliability Standard PRC-026-1. Reliability Standard PRC-026-1 will impose new requirements for the notification of particular bulk electric system elements from planning coordinator to generator owners and transmissions owners based on given criteria. Generator owners and transmissions owner will evaluate those bulk electric system elements and load-responsive protective relay(s) according to Attachment B criteria and, if a load-responsive protective relay does not meet the Attachment B criteria, the generator owner/transmission owner must develop a corrective action plan. Our estimate below regarding the number of respondents is based on the NERC Compliance Registry as of June 26, 2015. According to the NERC Compliance Registry, NERC has registered 318 transmission owners, 884 generator owners, and 68 planning coordinators. However, under NERC's compliance registration program, entities may be registered for multiple functions, so these numbers incorporate some double counting. The total number of unique entities that may be identified as a notification provider (e.g. applicable entity) in accordance with proposed Reliability Standard PRC-026-1 will be approximately 1,074 entities registered in the United States as a transmission owner and/or generator owner. The total number of unique entities that may be identified as evidence retention entities (e.g. applicable entity) in accordance with proposed Reliability Standard PRC-026-1 will be approximately 1,092 entities registered in the United States as a transmission owner, generator owner and/or planning coordinator. The Commission estimates the annual reporting burden and cost as follows: [[Page 15640]] RM15-8-000 (Mandatory Reliability Standards--Reliability Standard PRC-026-1) -------------------------------------------------------------------------------------------------------------------------------------------------------- Total annual Number of Annual number Total number Average burden burden hours & Cost per respondents of responses of responses & cost per total annual respondent ($) per respondent response cost (1) (2) (1) * (2) = (4) (3) * (4) = (5) / (1) (3) (5) -------------------------------------------------------------------------------------------------------------------------------------------------------- Notifications to GO/TO per Requirement R1............... 1,074 1 1,074 8, $485.28 8,592 $485.28 \56\ $521,191 Evidence Retention GO/TO/PC............................. 1,092 1 1,092 12, $450.00 13,104 450.00 \57\ $491,400 ----------------------------------------------------------------------------------------------- Total............................................... .............. .............. 2,166 .............. 21,696 .............. $1,012,591 -------------------------------------------------------------------------------------------------------------------------------------------------------- Title: FERC-725G, Mandatory Reliability Standards: Reliability Standard PRC-026-1. --------------------------------------------------------------------------- \56\ The estimates for cost per response are derived using the following formula: Average Burden Hours per Response * $60.66 per Hour = Average Cost per Response. The hourly average of $60.66 assumes equal time is spent by the manager, electrical engineer, and information and record clerk. The average hourly cost (salary plus benefits) is: $37.50 for information and record clerks (occupation code 43-4199), $78.04 for a manager (occupation code 11-0000), and $66.45 for an electrical engineer (occupation code 17-2071). (The figures are taken from the Bureau of Labor Statistics, May 2014 figures at http://www.bls.gov/oes/current/naics2_22.htm.) \57\ The average hourly cost (salary plus benefits) is $37.50. The BLS wage category code is 34-4199. This figure is also taken from the Bureau of Labor Statistics, May 2014 figures at http://www.bls.gov/oes/current/naics2_22.htm. --------------------------------------------------------------------------- Action: Collection of Information. OMB Control No: 1902-0252. Respondents: Business or other for-profit and not-for-profit institutions. Frequency of Responses: One time and on-going. Necessity of the Information: Reliability Standard PRC-026-1 will implement the Congressional mandate of the Energy Policy Act of 2005 to develop mandatory and enforceable Reliability Standards to better ensure the reliability of the nation's Bulk-Power System. Specifically, the Reliability Standard will address undesirable relay operation due to power swings. 32. Internal review: The Commission has reviewed the requirements pertaining to the Reliability Standard PRC-026-1 and made a determination that the requirements of this standard are necessary to implement section 215 of the FPA. These requirements conform to the Commission's plan for efficient information collection, communication and management within the energy industry. The Commission has assured itself, by means of its internal review, that there is specific, objective support for the burden estimates associated with the information requirements. 33. 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]. 34. Comments concerning the information collections approved 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, phone: (202) 395-0710, fax: (202) 395-7285]. 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 No. RM15-8-000) in your submission. IV. Regulatory Flexibility Act Analysis 35. The Regulatory Flexibility Act of 1980 (RFA) \58\ generally requires a description and analysis of this Final Rule that will have significant economic impact on a substantial number of small entities. Reliability Standard PRC-026-1 sets forth requirements that prevent the unnecessary tripping of bulk electric system elements in response to stable power swings. As shown in the information collection section, an estimated 1,092 entities are expected to evaluate bulk electric system elements and load-responsive protective relay(s) according to Attachment B criteria of PRC-026-1. Comparison of the applicable entities with the Commission's small business data indicates that approximately 661 are small entities \59\ or 60.53 percent of the respondents affected by Reliability Standard PRC-026-1. --------------------------------------------------------------------------- \58\ 5 U.S.C. 601-612. \59\ 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 rule, we apply a 500 employee threshold for each affected entity. Each entity is classified as Electric Bulk Power Transmission and Control (NAICS code 221121). --------------------------------------------------------------------------- 36. As discussed above, Reliability Standard PRC-026-1 will serve to enhance reliability by imposing mandatory requirements governing generator relay loadability, thereby reducing the likelihood of premature or unnecessary tripping of generators during system disturbances. The Commission estimates that each of the small entities to whom the Reliability Standard PRC-026-1 applies will incur paperwork and record retention costs of $935.28 per entity (annual ongoing). 37. The Commission does not consider the estimated costs per small entity to have a significant economic impact on a substantial number of small entities. Accordingly, the Commission certifies that Reliability Standard PRC-026-1 will not have a significant economic impact on a substantial number of small entities. Accordingly, no regulatory flexibility analysis is required. V. Environmental Analysis 38. 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.\60\ 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, [[Page 15641]] or procedural or that do not substantially change the effect of the regulations being amended.\61\ The actions herein fall within this categorical exclusion in the Commission's regulations. --------------------------------------------------------------------------- \60\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987). \61\ 18 CFR 380.4(a)(2)(ii) (2015). --------------------------------------------------------------------------- VI. Effective Date and Congressional Notification 39. This Final Rule is effective May 23, 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 Fairness Act of 1996. This Final Rule is being submitted to the Senate, House, and Government Accountability Office. VII. Document Availability 40. 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. 41. From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number of this document, excluding the last three digits, in the docket number field. 42. User assistance is available for eLibrary and the Commission's Web site during normal business hours from the Commission's Online Support at 202-502-6652 (toll free at 1-866-208-3676) or email at [email protected], or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at [email protected]. By the Commission. Issued: March 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. Note: The following Appendix will not appear in the Code of Federal Regulations. Appendix Commenters ------------------------------------------------------------------------ Abbreviation Commenter ------------------------------------------------------------------------ EEI.................................. Edison Electric Institute. Idaho Power.......................... Idaho Power Company. ITC.................................. International Transmission Company. Luminant............................. Luminant Generation Company LLC. NERC................................. North American Electric Reliability Corporation. NAGF................................. North American Generator Forum. Tri-State............................ Tri-State Generation and Transmission Association, Inc. ------------------------------------------------------------------------ [FR Doc. 2016-06508 Filed 3-23-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations 15635
applications and carries a burden 2015, 80 FR 57281 (September 22, 2015); 026–1 is designed to ensure that
estimate of 43.8 minutes for a manual or Notice of November 12, 2015, 80 FR 70667 applicable entities use protective relay
electronic submission. (November 13, 2015); Notice of January 20, systems that can differentiate between
Total burden hours associated with 2016, 81 FR 3937 (January 22, 2016). faults and stable power swings.
the PRA and OMB control number ■ 2. Add Supplement No. 7 to part 744 DATES: This rule will become effective
0694–0088 are not expected to increase to read as follows: May 23, 2016.
as a result of this rule. You may send FOR FURTHER INFORMATION CONTACT:
comments regarding the collection of SUPPLEMENT NO. 7 TO PART 744—
TEMPORARY GENERAL LICENSE Kenneth Hubona (Technical
information associated with this rule, Information), Office of Electric
including suggestions for reducing the Notwithstanding the requirements Reliability, Federal Energy Regulatory
burden, to Jasmeet K. Seehra, Office of and other provisions of supplement 4 to Commission, 888 First Street NE.,
Management and Budget (OMB), by part 744, which became effective on Washington, DC 20426, (301) 665–
email to Jasmeet_K._Seehra@ March 8, 2016, the licensing and other 1608, kenneth.hubona@ferc.gov.
omb.eop.gov, or by fax to (202) 395– requirements in the EAR as of March 7, Kevin Ryan (Legal Information), Office
7285. 2016, pertaining to exports, reexports, of the General Counsel, Federal
3. This rule does not contain policies and transfers (in-country) of items Energy Regulatory Commission, 888
with Federalism implications as that ‘‘subject to the EAR’’ to Zhongxing First Street NE., Washington, DC
term is defined in Executive Order Telecommunications Equipment (ZTE) 20426, (202) 502–6840, kevin.ryan@
13132. Corporation, ZTE Plaza, Keji Road ferc.gov.
4. The provisions of the South, Hi-Tech Industrial Park,
SUPPLEMENTARY INFORMATION:
Administrative Procedure Act (5 U.S.C. Nanshan District, Shenzhen, China, and
553) requiring notice of proposed ZTE Kangxun Telecommunications Ltd., Order No. 823
rulemaking, the opportunity for public 2/3 Floor, Suite A, ZTE Communication Final Rule
comment, and a delay in effective date Mansion Keji (S) Road, Hi-New
are inapplicable because this regulation Shenzhen, 518057 China, are restored as 1. Pursuant to section 215 of the
involves a military or foreign affairs of March 24, 2016 and through June 30, Federal Power Act (FPA), the
function of the United States. (See 5 2016. Thus, for example, the authority Commission approves Reliability
U.S.C. 553(a)(1)). If this rule were of NLR or a License Exception that was Standard PRC–026–1 (Relay
delayed to allow for notice and available as of March 7, 2016, may be Performance During Stable Power
comment and a delay in effective date, used as per this temporary general Swings).1 The North American Electric
then the national security and foreign license. The temporary general license Reliability Corporation (NERC), the
policy objectives of this rule would be is renewable if the U.S. Government Commission-certified Electric
harmed. Because a notice of proposed determines, in its sole discretion, that Reliability Organization (ERO),
rulemaking and an opportunity for ZTE Corporation and ZTE Kangxun are developed and submitted Reliability
public comment are not required to be timely performing their undertakings to Standard PRC–026–1 for Commission
given for this rule by 5 U.S.C. 553, or the U.S. Government and otherwise approval. Reliability Standard PRC–
by any other law, the analytical cooperating with the U.S. Government 026–1 applies to planning coordinators
requirements of the Regulatory in resolving the matter. and to generator owners and
Flexibility Act, 5 U.S.C. 601 et seq., are transmission owners that apply certain
Dated: March 21, 2016.
not applicable. Accordingly, no load-responsive protective relays in
Kevin J. Wolf, specific, identified circumstances.
regulatory flexibility analysis is required
and none has been prepared. Assistant Secretary for Export Reliability Standard PRC–026–1 is
Administration. designed to ensure the use of protective
List of Subject in 15 CFR Part 744 [FR Doc. 2016–06689 Filed 3–21–16; 4:15 pm] relay systems that can differentiate
Exports, Reporting and recordkeeping BILLING CODE 3510–33–P between faults and stable power swings.
requirements, Terrorism. 2. The Commission determines that
Accordingly, part 744 of the Export Reliability Standard PRC–026–1
Administration Regulations (15 CFR DEPARTMENT OF ENERGY satisfies the directive in Order No. 733
parts 730 through 774) is amended as concerning undesirable relay operation
follows: Federal Energy Regulatory due to power swings.2 The Commission
Commission concludes that Reliability Standard
PART 744—[AMENDED] PRC–026–1 provides an equally
18 CFR Part 40 effective and efficient alternative to the
■ 1. The authority citation for 15 CFR Order No. 733 directive requiring the
[Docket No. RM15–8–000; Order No. 823]
part 744 continues to read as follows: use of protective relay systems that can
Authority: 50 U.S.C. 4601 et seq.; 50 Relay Performance During Stable differentiate between faults and stable
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; Power Swings Reliability Standard power swings and, when necessary,
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 retirement of protective relay systems
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, AGENCY: Federal Energy Regulatory that cannot meet this requirement.3
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Commission, DOE. 3. The Commission approves NERC’s
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 ACTION: Final rule. assigned violation risk factors, violation
asabaliauskas on DSK3SPTVN1PROD with RULES
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p. SUMMARY: The Federal Energy 1 16 U.S.C. 824o.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Regulatory Commission approves 2 Transmission Relay Loadability Reliability
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
Reliability Standard PRC–026–1 (Relay Standard, Order No. 733, 130 FERC ¶ 61,221, at P
Performance During Stable Power 153 (2010), order on reh’g and clarification, Order
44025, 3 CFR, 2001 Comp., p. 783; E.O. No. 733–A, 134 FERC ¶ 61,127, order on reh’g and
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. Swings), submitted by the North clarification, Order No. 733–B, 136 FERC ¶ 61,185
786; Notice of August 7, 2015, 80 FR 48233 American Electric Reliability (2011).
(August 11, 2015); Notice of September 18, Corporation. Reliability Standard PRC– 3 Id. P 150.
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![15636 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations
severity levels and implementation to believe that not addressing stable Reliability Standard addressing
plan. power swings constitutes a gap in the undesirable relay operation due to
current Reliability Standards and must stable power swings.16 However, NERC
I. Background
be addressed.’’ 10 Accordingly, the explains that the Reliability Standard
A. Mandatory Reliability Standards and Commission affirmed the directive in PRC–026–1 ‘‘includes an alternative to
Order No. 733 Directives Order No. 733 that NERC develop a the Commission’s approach to require
4. Section 215 of the FPA requires a Reliability Standard addressing stable ‘the use of protective relay systems that
Commission-certified ERO to develop power swings.11 The Commission can differentiate between faults and
mandatory and enforceable Reliability clarified that it did not require a stable power swings and, when
Standards, subject to Commission Reliability Standard containing an necessary, phases out protective relay
review and approval.4 Pursuant to absolute obligation to prevent protection systems that cannot meet this
section 215 of the FPA, the Commission relays from operating unnecessarily requirement.’ ’’ 17 NERC notes that in
established a process to select and during stable power swings or an across- Order No. 733–A, the Commission
certify an ERO,5 and subsequently the-board elimination of all zone 3 clarified that it had not intended ‘‘to
certified NERC.6 relays; the Commission only required prohibit NERC from exercising its
5. On March 18, 2010, the the development of a Reliability technical expertise to develop a solution
Commission approved Reliability Standard that addresses protection to an identified reliability concern that
Standard PRC–023–1 (Transmission systems that are vulnerable to stable is equally effective and efficient as the
Relay Loadability) in Order No. 733. power swings (resulting from Category B one proposed in Order No. 733.’’ 18 In
The Commission also directed NERC to and Category C contingencies from the support of its alternative solution, NERC
develop a new Reliability Standard that NERC Planning Standards in place at states that ‘‘it is generally preferable to
required the use of protective relay that time) that result in inappropriate emphasize dependability over security
systems that can differentiate between tripping.12 In Order No. 733–B, the when it is not possible to ensure both
faults and stable power swings and, Commission denied further clarification for all possible system conditions.’’ 19
when necessary, the retirement of on this issue. NERC also avers that ‘‘[p]rohibiting use
protective relay systems that cannot B. NERC Petition and Reliability of certain types of relays, such as those
meet this requirement.7 In Order No. Standard PRC–026–1 protective relay systems that cannot
733, the Commission cited the findings differentiate between faults and stable
of both NERC and the U.S.-Canada 7. On December 31, 2014, NERC power swings, may have unintended
Power System Outage Task Force on the submitted a petition seeking approval of
negative outcomes for Bulk-Power
causes of the 2003 Northeast Blackout, Reliability Standard PRC–026–1, as well
System reliability.’’ 20
explaining that the cascade during this as the associated violation risk factors,
9. Reliability Standard PRC–026–1
event was accelerated by zone 2 and violation severity levels and
has four requirements and two
zone 3 relays that tripped facilities out implementation plan.13 NERC avers that
attachments. NERC explains that
of service because these devices could Reliability Standard PRC–026–1
Attachment A ‘‘provides clarity on
not distinguish between a dynamic, but satisfies the Order No. 733 directive to
which load-responsive protective relay
stable, power swing and an actual fault.8 develop a new Reliability Standard that
functions are applicable’’ under the
While the Commission recognized that requires the use of protective relay
standard.21 Specifically, Attachment A
addressing stable power swings is a systems that can differentiate between
faults and stable power swings. provides that Reliability Standard PRC–
complex issue, Order No. 733 observed 026–1 applies to:
that there was no Reliability Standard to According to NERC, Reliability
Standard PRC–026–1 sets forth any protective functions which could trip
address relays tripping for stable power instantaneously or with a time delay of less
swings despite their contribution to the requirements that prevent the
unnecessary tripping of bulk electric than 15 cycles on load current (i.e., ‘‘load-
2003 Northeast Blackout. Accordingly, responsive’’). . . .
the Commission directed NERC to system elements in response to stable
develop a Reliability Standard to power swings.14 NERC further explains According to NERC, the 15 cycle time
address undesirable relay operation due that the identification of bulk electric delay ‘‘is representative of an expected
to stable power swings.9 system elements with protection power swing having a slow slip rate of
6. On February 17, 2011, the systems at-risk of operating as a result 0.67 Hertz (Hz) and is the average time
Commission denied rehearing in Order of a stable or unstable power swing and that a stable power swing with that slip
No. 733–A, stating that ‘‘[w]e continue the subsequent review by the applicable rate would enter the relay’s
generator owner or transmission owner characteristic, reverse direction, and
4 16 U.S.C. 824(d) and (e). ‘‘provides assurance that relays will then exit the characteristic before the
5 Rules Concerning Certification of the Electric continue to be secure for stable power time delay expired.’’ 22 NERC states that
Reliability Organization; and Procedures for the swings if any changes in system the proposed standard does not apply to
Establishment, Approval, and Enforcement of impedance occur.’’15 ‘‘functions that are either immune to
Electric Reliability Standards, Order No. 672, FERC
Stats. & Regs. ¶ 31,204, order on reh’g, Order No. 8. According to NERC, Reliability power swings, block power swings, or
672–A, FERC Stats. & Regs. ¶ 31,212 (2006). Standard PRC–026–1 is ‘‘directly prevent non-immune protection
6 North American Electric Reliability Corp., 116 responsive’’ to the Order No. 733 function operation due to supervision of
FERC ¶ 61,062, order on reh’g and compliance, 117 directive that NERC develop a
FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. 16 Id. at 23 (citing Order No. 733, 130 FERC ¶
asabaliauskas on DSK3SPTVN1PROD with RULES
v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
7 Order No. 733, 130 FERC ¶ 61,221 at P 150.
10 Order No. 733–A, 134 FERC ¶ 61,127 at P 104. 61,221 at P 153).
11 Id. 17 Id. (quoting Order No. 733, 130 FERC ¶ 61,221
8 Id. PP 3–4, 130 (citing U.S.-Canada Power
12 Id. P 107. at P 162).
System Outage Task Force, Final Report on the 18 Id. at 11 (citing Order No. 733–A, 134 FERC ¶
13 Reliability
Standard PRC–026–1 is available on
August 14, 2003 Blackout in the United States and
Canada: Causes and Recommendations, at 80 the Commission’s eLibrary document retrieval 61,127 at P 11).
19 Id. at 24.
(2004); and August 14, 2003 Blackout: NERC system in Docket No. RM15–8–000 and on the
Actions to Prevent and Mitigate the Impacts of NERC Web site, www.nerc.com. 20 Id.
Future Cascading Blackouts, at 13 (2004)). 14 See NERC Petition at 4. 21 Id. at 31.
9 Id. P 153. 15 Id. 22 Id. at 30.
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![15638 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations
19. In addition, NERC and industry Requirement R1, Criteria 4.’’ 39 NERC tripping of bulk electric system
commenters state that Reliability explains that the additional burden elements in response to stable power
Standard PRC–004–4 addresses the ‘‘would be determined by the increase swings. While it does not prohibit the
Commission’s concern regarding in the quantity of load-responsive use of relays that cannot differentiate
situations where a bulk electric system protective relays applied to that Element between faults and stable power swings,
element trips in response to a stable or beyond what is proposed in PRC–026– we conclude that Reliability Standard
unstable power swing due to the 1 (i.e. load-responsive protective relays PRC–026–1’s approach is an equally
operation of its protective relay(s).33 with time delays of 15 cycles or effective and efficient method to achieve
Specifically, NERC explains that greater).’’ NERC continues that the the reliability goal underlying the
tripping unnecessarily ‘‘due to an actual ‘‘increase in burden could be on the Commission’s directive in Order No.
stable power swing would be classified order of two to three times in magnitude 733.
as a Misoperation under PRC–004–4 to address zone 2 (not communication- 25. While ITC asks that the
(Protection System Misoperation aided) and application of reverse zone Commission reconsider the necessity of
Identification and Correction).’’ 34 NERC and/or forward zone 4 remote back-up PRC–026–1 in light of the SPSC Report,
explains that a ‘‘Generator Owner and time delayed elements.’’ 40 the Commission continues to believe in
Transmission Owner are required to 22. EEI contends that the additional the necessity of a Reliability Standard
develop a corrective action plan to burden would ‘‘vary greatly by entity that addresses the performance of relays
address the cause(s) of the size and asset configuration, however, during stable power swings. In response
Misoperation, for example, tripping due the work associated with this effort to ITC’s comments, the
to a load-responsive protective relay set would not be inconsequential and recommendations from the 2013 SPSC
with a time delay of 15 cycles or greater, would consume significant dollars for Report were used in the development of
unless reliability would not be large entities while tying up critical and Reliability Standard PRC–026–1. As
improved.’’ 35 often scarce engineering resources noted by NERC, Reliability Standard
20. Regarding the potential burden of across the industry.’’ 41 EEI explains that PRC–026–1 ‘‘is based on and is
expanding the applicability of even though the Commission proposes consistent with the recommendations
Reliability Standard PRC–026–1 to to limit the analysis to the two scenarios found in the [SPSC] Report.’’ 46
cover relays with a time delay of 15 identified in the NOPR, the proposal Accordingly, we conclude that
cycles or greater, NERC and industry would increase the number of relay Reliability Standard PRC–026–1 reflects
commenters state that expanding the elements evaluated by 100 to 200 the recommendations outlined in the
percent at impacted transmission lines, SPSC Report.
applicability of Requirement R1, Criteria
generators and transformer terminals.42 26. Based on the NOPR comments, we
4 (element has been identified by a
23. ITC, while not taking a position on are persuaded that the potential
planning coordinator) would increase the merits of the particular requirements reliability gap identified in the NOPR,
the burden on transmission owners and of Reliability Standard PRC–026–1, resulting from the exclusion of load
generator owners.36 NERC states that argues ‘‘that studies and information responsive relays with a time delay of
there would be no increase in burden now available concerning relay 15 cycles or greater as proposed in
for the planning coordinator because the performance during stable power swings Attachment A to Reliability Standard
planning coordinator is required by controvert the Commission’s at-the-time PRC–026–1, is adequately addressed by
Reliability Standard TPL–001–4, reasonable determination in Order No. requirements of Reliability Standards
Requirement R4 ‘‘to perform 733 that a Standard to address relay TPL–001–4 (Transmission System
contingency analyses based on performance during stable power swings Planning Performance Standards) and
computer simulation models for the was warranted.’’ 43 In particular, ITC PRC–004–4 (Protection System
Stability portion of the annual Planning ‘‘urge[s] the Commission to consider the Misoperation Identification and
Assessment.’’ 37 As noted above, NERC [NERC System Protection and Control Correction). We agree with commenters
explains that where an element that Subcommittee] Report findings in that these Reliability Standards
trips during the annual planning issuing its final rule in this adequately address the risk posed by
assessment causes a violation of proceeding.’’ 44 ITC asserts that the load responsive relays with a time delay
Reliability Standard TPL–001–4 SPSC Report undercuts the rationale for of 15 cycles or greater in the two cases
performance criteria, ‘‘the Planning promulgating Reliability Standard PRC– identified in the NOPR. Accordingly, we
Coordinator is required to mitigate these 026–1 and argues that ‘‘the Commission do not direct any modifications to
conditions through a Corrective Action should reconsider the necessity of PRC– Reliability Standard PRC–026–1 at this
Plan.’’ 38 026–1, particularly in light of the time.
21. NERC, however, states that burden NERC has determined the new 27. First, where an element has been
expanding the applicability of Standard would impose.’’ 45 identified by a planning coordinator as
Reliability Standard PRC–026–1 to potentially susceptible to power swings,
cover relays with a time delay of 15 Commission Determination Reliability Standard TPL–001–4
cycles or greater would ‘‘place 24. We find that Reliability Standard addresses the NOPR’s concern by
additional burden on the Generator PRC–026–1 addresses the Commission’s requiring applicable entities to both (1)
Owner and Transmission Owner for any directive in Order No. 733 by providing identify elements with load-responsive
Elements that are identified using measures to mitigate the unnecessary protective relays having time delays of
15 cycles or greater that trip due to
asabaliauskas on DSK3SPTVN1PROD with RULES
33 NERC Comments at 9–10. See also EEI 39 Id. at 6. power swings and (2) mitigate through
Comments at 8; Tri-State Comments at 5. 40 Id. at 7. a corrective action plan where
34 NERC Comments at 9. 41 EEI Comments at 6.
Reliability Standard TPL–001–4
35 Id. 42 Id.
36 See id. at 7, 9. See also EEI Comments at 6; 43 ITC Comments at 3.
performance criteria are not met.
Luminant Comments at 4; Idaho Power Comments 44 Id. (referencing NERC System Protection and
Specifically, Reliability Standard TPL–
at 2. Control Subcommittee, ‘‘Protection System 001–4 sets forth the parameters for
37 NERC Comments at 5. Response to Power Swings’’ (2013) (SPSC Report)).
38 Id. 45 Id. at 4. 46 NERC Petition at 15–16.
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RM15–8–000 (MANDATORY RELIABILITY STANDARDS—RELIABILITY STANDARD PRC–026–1)
Annual Total annual
Total Average Cost per
Number of number of burden hours
number of burden & cost respondent
respondents responses per & total
responses per response ($)
respondent annual cost
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)
Notifications to GO/TO per Requirement
R1 ......................................................... 1,074 1 1,074 8, $485.28 56 8,592 $485.28
$521,191
Evidence Retention GO/TO/PC ............... 1,092 1 1,092 12, $450.00 57 13,104 450.00
$491,400
Total .................................................. ........................ ........................ 2,166 ........................ 21,696 ........................
$1,012,591
Title: FERC–725G, Mandatory 33. Interested persons may obtain small entities 59 or 60.53 percent of the
Reliability Standards: Reliability information on the reporting respondents affected by Reliability
Standard PRC–026–1. requirements by contacting the Federal Standard PRC–026–1.
Action: Collection of Information. Energy Regulatory Commission, Office 36. As discussed above, Reliability
OMB Control No: 1902–0252. of the Executive Director, 888 First Standard PRC–026–1 will serve to
Respondents: Business or other for- Street, NE., Washington, DC 20426 enhance reliability by imposing
profit and not-for-profit institutions. [Attention: Ellen Brown, email: mandatory requirements governing
Frequency of Responses: One time DataClearance@ferc.gov, phone: (202) generator relay loadability, thereby
and on-going. 502–8663, fax: (202) 273–0873]. reducing the likelihood of premature or
Necessity of the Information: unnecessary tripping of generators
Reliability Standard PRC–026–1 will 34. Comments concerning the during system disturbances. The
implement the Congressional mandate information collections approved in this Commission estimates that each of the
of the Energy Policy Act of 2005 to Final Rule and the associated burden small entities to whom the Reliability
develop mandatory and enforceable estimates, should be sent to the Standard PRC–026–1 applies will incur
Reliability Standards to better ensure Commission in this docket and may also paperwork and record retention costs of
the reliability of the nation’s Bulk- be sent to the Office of Management and $935.28 per entity (annual ongoing).
Power System. Specifically, the Budget, Office of Information and 37. The Commission does not
Reliability Standard will address Regulatory Affairs [Attention: Desk consider the estimated costs per small
undesirable relay operation due to Officer for the Federal Energy entity to have a significant economic
power swings. Regulatory Commission, phone: (202) impact on a substantial number of small
32. Internal review: The Commission 395–0710, fax: (202) 395–7285]. For entities. Accordingly, the Commission
has reviewed the requirements security reasons, comments should be certifies that Reliability Standard PRC–
pertaining to the Reliability Standard sent by email to OMB at the following 026–1 will not have a significant
PRC–026–1 and made a determination email address: oira_submission@ economic impact on a substantial
that the requirements of this standard omb.eop.gov. Please reference the number of small entities. Accordingly,
are necessary to implement section 215 docket number of this Final Rule no regulatory flexibility analysis is
of the FPA. These requirements conform (Docket No. RM15–8–000) in your required.
to the Commission’s plan for efficient submission.
information collection, communication V. Environmental Analysis
and management within the energy IV. Regulatory Flexibility Act Analysis 38. The Commission is required to
industry. The Commission has assured prepare an Environmental Assessment
35. The Regulatory Flexibility Act of
itself, by means of its internal review, or an Environmental Impact Statement
1980 (RFA) 58 generally requires a
that there is specific, objective support for any action that may have a
description and analysis of this Final
for the burden estimates associated with significant adverse effect on the human
Rule that will have significant economic
the information requirements. environment.60 The Commission has
impact on a substantial number of small
categorically excluded certain actions
entities. Reliability Standard PRC–026–
56 The estimates for cost per response are derived from this requirement as not having a
using the following formula: 1 sets forth requirements that prevent
significant effect on the human
Average Burden Hours per Response * $60.66 per the unnecessary tripping of bulk electric
environment. Included in the exclusion
Hour = Average Cost per Response. The hourly system elements in response to stable
average of $60.66 assumes equal time is spent by are rules that are clarifying, corrective,
power swings. As shown in the
the manager, electrical engineer, and information
and record clerk. The average hourly cost (salary
information collection section, an 59 The Small Business Administration sets the
plus benefits) is: $37.50 for information and record estimated 1,092 entities are expected to threshold for what constitutes a small business.
clerks (occupation code 43–4199), $78.04 for a evaluate bulk electric system elements Public utilities may fall under one of several
asabaliauskas on DSK3SPTVN1PROD with RULES
manager (occupation code 11–0000), and $66.45 for and load-responsive protective relay(s) different categories, each with a size threshold
an electrical engineer (occupation code 17–2071). based on the company’s number of employees,
(The figures are taken from the Bureau of Labor
according to Attachment B criteria of including affiliates, the parent company, and
Statistics, May 2014 figures at http://www.bls.gov/ PRC–026–1. Comparison of the subsidiaries. For the analysis in this rule, we apply
oes/current/naics2_22.htm.) applicable entities with the a 500 employee threshold for each affected entity.
57 The average hourly cost (salary plus benefits)
Commission’s small business data Each entity is classified as Electric Bulk Power
is $37.50. The BLS wage category code is 34–4199. Transmission and Control (NAICS code 221121).
indicates that approximately 661 are
This figure is also taken from the Bureau of Labor 60 Regulations Implementing the National
Statistics, May 2014 figures at http://www.bls.gov/ Environmental Policy Act of 1969, Order No. 486,
oes/current/naics2_22.htm. 58 5 U.S.C. 601–612. FERC Stats. & Regs. ¶ 30,783 (1987).
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![Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations 15641
or procedural or that do not VII. Document Availability document, excluding the last three
substantially change the effect of the 40. In addition to publishing the full digits, in the docket number field.
regulations being amended.61 The text of this document in the Federal 42. User assistance is available for
actions herein fall within this Register, the Commission provides all eLibrary and the Commission’s Web site
categorical exclusion in the interested persons an opportunity to during normal business hours from the
Commission’s regulations. view and/or print the contents of this Commission’s Online Support at 202–
document via the Internet through the 502–6652 (toll free at 1–866–208–3676)
VI. Effective Date and Congressional or email at ferconlinesupport@ferc.gov,
Commission’s Home Page (http://
Notification www.ferc.gov) and in the Commission’s or the Public Reference Room at (202)
39. This Final Rule is effective May Public Reference Room during normal 502–8371, TTY (202) 502–8659. Email
23, 2016. The Commission has business hours (8:30 a.m. to 5:00 p.m. the Public Reference Room at
Eastern time) at 888 First Street NE., public.referenceroom@ferc.gov.
determined, with the concurrence of the
Administrator of the Office of Room 2A, Washington, DC 20426. By the Commission.
41. From the Commission’s Home Issued: March 17, 2016.
Information and Regulatory Affairs of Page on the Internet, this information is
OMB, that this rule is not a ‘‘major rule’’ Nathaniel J. Davis, Sr.,
available on eLibrary. The full text of
as defined in section 351 of the Small this document is available on eLibrary Deputy Secretary.
Business Regulatory Enforcement in PDF and Microsoft Word format for Note: The following Appendix will not
Fairness Act of 1996. This Final Rule is viewing, printing, and/or downloading. appear in the Code of Federal Regulations.
being submitted to the Senate, House, To access this document in eLibrary,
and Government Accountability Office. type the docket number of this Appendix
COMMENTERS
Abbreviation Commenter
EEI ........................................................... Edison Electric Institute.
Idaho Power ............................................ Idaho Power Company.
ITC ........................................................... International Transmission Company.
Luminant .................................................. Luminant Generation Company LLC.
NERC ....................................................... North American Electric Reliability Corporation.
NAGF ....................................................... North American Generator Forum.
Tri-State ................................................... Tri-State Generation and Transmission Association, Inc.
[FR Doc. 2016–06508 Filed 3–23–16; 8:45 am] Department has further adopted in this Act (defining export price and
BILLING CODE 6717–01–P final rule a non-exhaustive list of factors constructed export price) and section
that it may consider in determining 773 of the Act (defining normal value).
whether to accept a price adjustment The prices used to establish export
DEPARTMENT OF COMMERCE that is made after the time of sale. price, constructed export price, and
DATES: Effective date: April 25, 2016. normal value involve certain
International Trade Administration Applicability date: This rule will apply adjustments. See, e.g., 19 CFR
to all proceedings initiated on or after 351.401(b). In its May 19, 1997 final
19 CFR Part 351 April 25, 2016. rulemaking, the Department
[Docket No. 140929814–6136–02] FOR FURTHER INFORMATION CONTACT: promulgated regulatory provisions
Jessica Link at (202) 482–1411, James governing the use of price adjustments
RIN 0625–AB02 Ahrens at (202) 482–3558, or Melissa in the calculation of export price,
Skinner at (202) 482–0461. constructed export price, and normal
Modification of Regulations Regarding value in antidumping duty proceedings.
Price Adjustments in Antidumping SUPPLEMENTARY INFORMATION:
Antidumping Duties; Countervailing
Duty Proceedings Background Duties; Final Rule, 62 FR 27296 (May
AGENCY: Enforcement and Compliance, Section 731 of the Tariff Act of 1930, 19, 1997) (‘‘1997 Final Rule’’). In
International Trade Administration, as amended (the Act) provides that particular, the Department promulgated
Department of Commerce. when a company is selling foreign the current regulation at 19 CFR
ACTION: Final rule. merchandise into the United States at 351.102(b)(38), which provides a
less than fair value, and material injury definition of ‘‘price adjustment.’’ In
SUMMARY: The Department of Commerce or threat of material injury is found by providing this definition, the
(the Department) is modifying its the International Trade Commission, the Department stated that ‘‘[t]his term is
regulations pertaining to price Department shall impose an intended to describe a category of
adjustments in antidumping duty antidumping duty. An antidumping changes to a price, such as discounts,
proceedings. These modifications clarify duty analysis involves a comparison of rebates and post-sale price adjustments,
asabaliauskas on DSK3SPTVN1PROD with RULES
that the Department does not intend to the company’s sales price in the United that affect the net outlay of funds by the
accept a price adjustment that is made States (known as the export price or purchaser.’’ 1997 Final Rule, 62 FR at
after the time of sale unless the constructed export price) with the price 27300.
interested party demonstrates, to the or cost in the foreign market (known as The Department also enacted 19 CFR
satisfaction of the Department, its the normal value). See 19 CFR 351.401(c) that explains how the
entitlement to such an adjustment. The 351.401(a). See also section 772 of the Department will use a price net of price
61 18 CFR 380.4(a)(2)(ii) (2015).
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Document Created: 2016-03-24 00:57:37
Document Modified: 2016-03-24 00:57:37
| 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 | Final rule. | |
| Dates | This rule will become effective May 23, 2016. | |
| Contact | Kenneth Hubona (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (301) 665-1608, [email protected] Kevin Ryan (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6840, [email protected] | |
| FR Citation | 81 FR 15635 |
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