81 FR 49580 - Standards for Business Practices and Communication Protocols for Public Utilities
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 145 (July 28, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 145 (July 28, 2016)
| Page Range | 49580-49590 | |
| FR Document | 2016-17841 |
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)] [Proposed Rules] [Pages 49580-49590] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17841] [[Page 49580]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 2 and 38 [Docket No. RM05-5-025] Standards for Business Practices and Communication Protocols for Public Utilities AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes to incorporate by reference the latest version (Version 003.1) of certain Standards for Business Practices and Communication Protocols for Public Utilities adopted by the Wholesale Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB). These standards mainly modify and update NAESB's WEQ Version 003 Standards. The Commission also proposes to revise its regulations to incorporate NAESB's updated Smart Grid Business Practice Standards in the Commission's General Policy and Interpretations. DATES: Comments are due September 26, 2016. ADDRESSES: Comments, identified by Docket No. RM05-5-025, may be filed in the following ways:Electronic Filing through http://www.ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Mail/Hand Delivery: Those unable to file electronically may mail or hand-deliver comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Comment Procedures Section of this document. FOR FURTHER INFORMATION CONTACT: Michael P. Lee (technical issues), Office of Energy Policy and Innovation, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6548. Gary D. Cohen (legal issues), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8321. SUPPLEMENTARY INFORMATION: Table of Contents ------------------------------------------------------------------------ Paragraph numbers ------------------------------------------------------------------------ I. Background........................................... 6 II. Discussion.......................................... 17 A. Revisions to WEQ OASIS Business Practice Standards 18 in Light of Commission Policies...................... 1. Overview........................................... 18 2. Redirects from Conditional Parent Reservations..... 19 3. Requirement to Post ATC Narrative within One Day... 26 4. SAMTS Point-to-Point Treatment..................... 28 5. Clarification of Discretion of Transmission 30 Providers to Deny Service Requests under Standard WEQ- 001-106.2.5.......................................... 6. Modifications to Allow a Transmission Provider to 32 Extend the Time to Perform its Biennial Reassessment. 7. Industry-Wide Mechanism for Consistent Posting of 34 AFC-Related Data..................................... 8. Use of DUNS Numbers................................ 36 B. Revised and New Standards Designed to Complement 38 NERC Reliability Standards and Developments.......... 1. NERC Compliance Registry........................... 38 2. Electric Industry Registry Standards............... 39 3. WEQ-023 Modeling Business Practice Standards....... 41 C. Revisions to WEQ Business Practice Standards Not 43 Requested by Commission or Developed to Comply with a Commission Directive................................. 1. Proper Method to Post Off-OASIS Resale Transactions 44 2. Unmasking of Final State Source and Sink Requests.. 46 3. Modifications to Smart Grid Standards.............. 48 4. Modification to Standards on Abbreviations, 51 Acronyms and Definitions of Terms.................... 5. Public Key Infrastructure-Related Standards........ 53 D. Implementation..................................... 56 III. Notice of Use of Voluntary Consensus Standards..... 57 IV. Incorporation By Reference.......................... 59 V. Information Collection Statement..................... 62 VI. Environmental Analysis.............................. 69 VII. Regulatory Flexibility Act Certification........... 70 VIII. Comment Procedures................................ 74 IX. Document Availability............................... 78 ------------------------------------------------------------------------ 1. In this notice of proposed rulemaking (NOPR), the Federal Energy Regulatory Commission (Commission) proposes to amend its regulations under the Federal Power Act \1\ to incorporate by reference the latest version of certain Standards for Business Practices and Communication Protocols for Public Utilities (Version 003.1) adopted by the Wholesale Electric Quadrant (WEQ) of the North American Energy Standards Board (NAESB) and filed with the Commission on October 26, 2015 (October 26 Filing). We also propose to list informationally, as guidance, NAESB's updated Smart Grid Business Practice Standards in Standard WEQ-019. In addition, as explained further below, there are several NAESB standards included in the WEQ Version 003.1 package of standards that we are not proposing in this NOPR to incorporate by reference. --------------------------------------------------------------------------- \1\ 16 U.S.C. 791a, et seq. --------------------------------------------------------------------------- 2. These revised NAESB standards update earlier versions of these standards that the Commission previously incorporated by reference into its regulations at 18 CFR 38.1 in [[Page 49581]] Order Nos. 676-E,\2\ 676-H,\3\ 764,\4\ and 890.\5\ In addition, NAESB developed two new suites of standards in coordination with the North American Electric Reliability Corporation (NERC) (the Commission- certified ``electric reliability organization'' responsible for developing and enforcing mandatory Reliability Standards).\6\ These two NAESB proposals would establish: (1) NAESB Electric Industry Registry (EIR) business practice standards that replace the NERC Transmission System Information Networks (TSIN) as the tool to be used by wholesale electric markets to conduct electronic transactions via electronic tagging (e-Tags); and (2) Modeling Business Practice Standards to support and complement NERC's proposed retirement of its ``MOD A'' Reliability Standards.\7\ --------------------------------------------------------------------------- \2\ Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676-E, 74 FR 63288 (Dec. 3, 2009), FERC Stats. & Regs. ] 31,299 (2009). \3\ Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676-H, 79 FR 56939 (Sept. 24, 2014), FERC Stats. & Regs. ] 31,359, at n.81 (2014), corrected, 149 FERC ] 61,014 (2014). \4\ Integration of Variable Energy Resources, Order No. 764, 77 FR 41,482 (July 13, 2012), FERC Stats. & Regs. ] 31,331 (2012). \5\ Preventing Undue Discrimination and Preference in Transmission Service, Order No. 890, 72 FR 12266 (Mar. 15, 2007), FERC Stats. & Regs. ] 31,241 (2007). \6\ NERC is the Commission-certified ``electric reliability organization'' responsible for developing and enforcing mandatory Reliability Standards. See section 215 of the Federal Power Act, 16 U.S.C. 824o (2012). \7\ In a February 19, 2014 petition, NERC proposed to retire Reliability Standards MOD-001-1a, MOD-004-1, MOD-008-1, MOD-028-2, MOD-029-1a, and MOD-030-2 and requested approval of new Reliability Standard MOD-001-2. Generally, the ``MOD'' series of NERC Reliability Standards pertain to transmission system modeling. The Commission issued a NOPR in Docket No. RM14-7-000 that addressed NERC's proposal, and the matter is currently pending before the Commission. Modeling, Data, and Analysis Reliability Standards, Notice of Proposed Rulemaking, 79 FR 36269 (June 26, 2014), 147 FERC ] 61,208 (2014) (MOD NOPR). --------------------------------------------------------------------------- 3. NAESB's WEQ Version 003.1 Business Practice Standards include modifications to the following set of existing standards: \8\ --------------------------------------------------------------------------- \8\ On October 26, 2015, NAESB filed a report with the Commission (previously referenced as the October 26 Filing) presenting all the modifications it has made to the WEQ Version 003 Business Practice Standards since those standards were incorporated by reference by the Commission in 2014 in Order No. 676-H, as well as two new suites of standards that it has developed, which are further described below in P 12. ------------------------------------------------------------------------ WEQ Business practice standards ------------------------------------------------------------------------ 000.................................... Abbreviations, Acronyms, and Definition of Terms. 001.................................... Open Access Same-Time Information System (OASIS). 002.................................... OASIS Standards and Communication Protocols (S&CP). 003.................................... OASIS S&CP Data Dictionaries. 004.................................... Coordinate Interchange. 006.................................... Manual Time Error Corrections. 012.................................... Public Key Infrastructure (PKI). 013.................................... OASIS Implementation Guide. 019.................................... Customer Energy Usage Information Communication. ------------------------------------------------------------------------ 4. Additionally, the Version 003.1 standards include two new suites of standards: ------------------------------------------------------------------------ WEQ Business practice standards ------------------------------------------------------------------------ 022.......................... Electric Industry Registry (EIR). 023.......................... Modeling. ------------------------------------------------------------------------ 5. These NAESB standards, developed through the NAESB standards development process or the NAESB minor correction process, build upon the Version 003 WEQ Business Practice Standards that NAESB filed with the Commission on September 18, 2012 and that the Commission incorporated by reference into its regulations in Order No. 676-H, a final rule issued by the Commission on September 18, 2014.\9\ --------------------------------------------------------------------------- \9\ See supra n.3. --------------------------------------------------------------------------- I. Background 6. NAESB is a non-profit standards development organization established in late 2001 (as the successor to the Gas Industry Standards Board (GISB), which was established in 1994) and serves as an industry forum for the development of business practice standards and communication protocols for the wholesale and retail natural gas and electricity industry sectors. Since 1995, NAESB and its predecessor, the GISB, have been accredited members of the American National Standards Institute (ANSI), complying with ANSI's requirements that its standards reflect a consensus of the affected industries.\10\ --------------------------------------------------------------------------- \10\ Prior to the establishment of NAESB in 2001, the Commission's development of business practice standards for the wholesale electric industry was aided by two ad hoc industry working groups established during the rulemaking proceeding that resulted in issuance of Order No. 889 and the creation of the OASIS, while GISB's efforts involved the development of business practice standards for the wholesale natural gas industry. Once formally established, NAESB took over the standards development previously handled by GISB and by the electric working groups. --------------------------------------------------------------------------- 7. NAESB's standards include business practices intended to standardize and streamline the transactional processes of the natural gas and electric industries, as well as communication protocols and related standards designed to improve the efficiency of communication within each industry. NAESB supports all three quadrants of the gas and electric industries--wholesale gas, wholesale electric, and retail markets quadrant.\11\ All participants in the gas and electric industries are eligible to join NAESB and participate in standards development. --------------------------------------------------------------------------- \11\ The retail gas quadrant and the retail electric quadrant were combined into the retail markets quadrant. NAESB continues to refer to these working groups as ``quadrants'' even though there are now only three quadrants. --------------------------------------------------------------------------- 8. NAESB develops its standards under a consensus process so that the standards draw support from a wide range of industry members. NAESB's procedures are designed to ensure that all persons choosing to participate can have input into the development of a standard, regardless of whether they are members of NAESB, and each standard NAESB adopts is supported by a consensus of the relevant industry segments. Standards that fail to gain consensus support are not adopted. NAESB's consistent practice has been to submit a report to the Commission after it has made revisions to existing business practice standards or has developed and adopted new business practice standards. NAESB's standards are voluntary standards, which become mandatory for public utilities upon incorporation by reference by the Commission. 9. In Order No. 676,\12\ the Commission not only incorporated by reference into its regulations business practice standards and communication protocols [[Page 49582]] for the wholesale electric industry, it also established a formal ongoing process for reviewing and upgrading the Commission's OASIS standards and other wholesale electric industry business practice standards. In later orders in this series, the Commission incorporated by reference revisions to these standards.\13\ --------------------------------------------------------------------------- \12\ Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676, FERC Stats. & Regs. ] 31,216 (2006). \13\ Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676-C, FERC Stats. & Regs. ] 31,274, reh'g denied, Order No. 676-D, 124 FERC ] 61,317 (2008); See supra n.2; Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676-F, FERC Stats. & Regs. ] 31,309 (2010); Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676-G, 78 FR 14654 (Mar. 7, 2013), FERC Stats. & Regs. ] 31,343 (2013); See supra n.3. --------------------------------------------------------------------------- 10. The WEQ Version 003.1 Business Practice Standards include six OASIS-related standards \14\ that NAESB modified in response to directives and guidance provided in Order Nos. 676-E, 676-H, and 890. Specifically, in response to the Commission's guidance in Order No. 676-E, NAESB modified its OASIS standards to explicitly permit a transmission provider to extend the performance of the biennial assessment. In response to the Commission's guidance in Order No. 676- H, NAESB made four modifications to the OASIS suite of standards regarding: (1) The treatment of redirects for transmission service from conditional parent reservations; (2) the one-day requirement for the posting of Available Transfer Capability (ATC) Narratives; (3) the treatment of point-to-point reservations under Service Across Multiple Transmission Systems (SAMTS); and (4) the clarification of the requirements under which a transmission provider may deny a request to terminate service. To implement Commission guidance in Order No. 890, NAESB modified standards to allow for the consistent posting of Available Flowgate Capability (AFC) related data on OASIS sites. --------------------------------------------------------------------------- \14\ The OASIS suite of standards is used collectively by NAESB to reference four business practice standards: WEQ-001 Open Access Same-Time Information System (OASIS); WEQ-002 OASIS Standards and Communication Protocols (S&CP); WEQ-003 OASIS S&CP Data Dictionaries; and WEQ-013 OASIS Implementation Guide. --------------------------------------------------------------------------- 11. In addition, as part of the standards development process, NAESB made two additional revisions to the OASIS suite of standards that were not made in response to Commission orders. First, NAESB modified WEQ-001 and WEQ-013 to require resellers to enter off-OASIS resale transactions into OASIS sites in the ``accepted'' status to provide the assignee of the resale the opportunity to confirm the transaction on the OASIS. Second, NAESB revised WEQ-002-4.3.6.2 to allow for the unmasking of the source and sink of a request for transmission when that request is moved to any final state. 12. NAESB has adopted certain new and revised WEQ Version 003.1 Business Practice Standards based on developments involving NERC. First, NAESB developed the WEQ-022 Electric Industry Registry (EIR) Business Practice Standards to complement the transfer of registry functions from the NERC TSIN to the NAESB EIR. The EIR database serves as a central repository of information required for commercial interactions, including electronic transactions via e-Tags. Second, NAESB developed the WEQ-023 Modeling Business Practice Standards in response to a NERC petition to delete and retire the six ``MOD A'' Reliability Standards. As mentioned above, NERC filed a petition with the Commission on February 10, 2014 proposing to retire NERC's six MOD A Reliability Standards and replace them with Reliability Standard MOD- 001-2, which NERC states will focus exclusively on the reliability aspects of ATC and AFC.\15\ On February 7, 2014, NERC submitted a request to NAESB (Standards Request 14002) \16\ asking NAESB to consider adopting standards that address the commercial and business aspects of the MOD standards proposed for retirement. NAESB subsequently developed the WEQ-023 Business Practice Standards to support and complement the proposed retirement of the MOD A Reliability Standards. The WEQ-023 Business Practice Standard specifies the requirements for calculating ATC and AFC and supports the task of reporting on the commercial aspects of these calculations.\17\ --------------------------------------------------------------------------- \15\ As mentioned above, NERC proposes to retire Reliability Standards MOD-001-1a, MOD-004-1, MOD-008-1, MOD-028-2, MOD-029-1a, and MOD-030-2. \16\ https://www.naesb.org/pdf4/r140. \17\ These terms are defined in WEQ-000-1. --------------------------------------------------------------------------- 13. Third, NAESB has adopted revisions to NAESB standards that need to match up with NERC's Interchange Scheduling and Coordination (INT) Reliability Standards. In this regard, NAESB modified certain WEQ-000 and WEQ-004 Business Practice Standards to complement NERC's proposal to modify the INT Reliability Standards, including removal of the Load Serving Entity (LSE) category as one of the functional registration categories in the NERC Compliance Registry.\18\ --------------------------------------------------------------------------- \18\ NAESB October 26 Filing at 3. --------------------------------------------------------------------------- 14. NAESB also includes as part of its Version 003.1 Business Practice Standards additional non-OASIS standards modifications to WEQ Version 003.1 that it made in the course of normal standards development. In Order No. 764, the Commission required transmission providers to provide for the scheduling of interchange in 15-minute intervals. In response, NAESB made two changes to the WEQ-004 Coordinate Interchange Business Practice Standards. NAESB also modified WEQ-019 to ensure consistency between WEQ Business Practice Standards and other standards organizations' standards. Additionally, NAESB modified WEQ-000 to harmonize definitions with NAESB Retail Market Quadrant efforts. 15. In Order 676-H, the Commission incorporated by reference WEQ Business Practice Standards to support Public Key Infrastructure (PKI). The WEQ Version 003.1 Business Practice Standards include additional PKI modifications to WEQ-002, WEQ-004, and WEQ-012 to support the NAESB Authorized Certification Authority (Certification Authority) Certification Program and to account for technological advances. 16. NAESB also has in place a process to make necessary minor corrections to its standards, when needed. The WEQ Version 003.1 Business Practice Standards include seven new minor corrections made by NAESB.\19\ --------------------------------------------------------------------------- \19\ These corrections are identified and explained in the October 26 Filing. --------------------------------------------------------------------------- II. Discussion 17. As discussed below, with certain enumerated exceptions, we propose to incorporate by reference (into the Commission's regulations at 18 CFR 38.1(b)) the NAESB WEQ Version 003.1 Business Practice Standards.\20\ The Version 003.1 standards will replace the Version 003 standards currently incorporated by reference into the Commission's regulations. Where we have proposed in this NOPR to incorporate a NAESB Business Practice [[Page 49583]] Standard by reference into the Commission's regulations, this has been based on a preliminary determination that the standard at issue is consistent with the Commission's findings in Order No. 676-H and does not appear inconsistent with any Commission directives or findings in other orders. --------------------------------------------------------------------------- \20\ Consistent with our past practice, we do not propose to incorporate by reference into the Commission's regulations the following standards: Standards of Conduct for Electric Transmission Providers (WEQ-009); Contracts Related Standards (WEQ-010); and WEQ/ WGQ eTariff Related Standards (WEQ-014). We also do not propose to incorporate by reference at this time the WEQ-023 Modeling Business Practice Standards. We do not propose to incorporate by reference standard WEQ-009 because it contains no substantive standards and merely serves as a placeholder for future standards. We do not propose to incorporate by reference standard WEQ-010 because this standard contains an optional NAESB contract regarding funds transfers and the Commission does not require utilities to use such contracts. Moreover, as discussed more specifically in the section below on Redirects from Conditional Parent Reservations, we do not propose in this NOPR to incorporate by reference certain portions of WEQ-001. --------------------------------------------------------------------------- A. Revisions to WEQ OASIS Business Practice Standards in Light of Commission Policies 1. Overview 18. The NAESB WEQ Version 003.1 Business Practice Standards contain six modifications to the OASIS suite of standards that NAESB developed to ensure consistency with certain policies articulated by the Commission in Order Nos. 676-H, 676-E, and 890. NAESB states that four of the six modifications align the OASIS suite of standards with guidance provided by the Commission in Order No. 676-H concerning the treatment of redirects for transmission service from conditional parent reservations, the one-day requirement for the posting of ATC Narratives, the treatment of point-to-point reservations under SAMTS, and new clarification of the requirements under which a transmission provider may deny a request to terminate service. In response to a directive in Order No. 676-E, NAESB also modified standards to explicitly permit a transmission provider to extend the performance of the biennial reassessment. Additionally, to implement the Commission's guidance provided in Order No. 890, NAESB modified pertinent standards to allow for the consistent posting of AFC-related data on OASIS sites. 2. Redirects From Conditional Parent Reservations 19. In Order No. 676-H, the Commission declined to incorporate by reference NAESB Standards WEQ-001-9.5 and WEQ-001-10.5. The Version 003.0 WEQ-001-9.5 stated that, ``upon confirmation of the request to Redirect on a firm basis, the Capacity Available to Redirect shall be reduced by the amount of the redirected capacity granted for the time period of that Redirect.'' The Version 003.0 WEQ-001-10.5 contained nearly identical language relating to the confirmation of requests to redirect on a non-firm basis. The Commission explained that it found both of these standards inconsistent with the Commission's precedent in Dynegy Power Marketing, Inc.\21\ and Entergy Services, Inc.\22\ With regard to Standard WEQ-001-9.5, the Commission explained that, ``as we found in these orders, reducing the capacity available to redirect prior to the passage of the conditional reservation deadline could lead to a customer paying firm transmission charges and losing capacity on both its original path and its redirect path.'' \23\ The Commission further explained that the Dynegy policy ``effects a reasonable balancing of interests between the customer and the transmission owner by ensuring that the customer does not potentially lose rights to capacity, while at the same time still permitting the transmission owner to sell available capacity on a short term basis until the redirect becomes unconditional.'' The Commission also found that Standard WEQ-001-10.5 raised similar concerns regarding the confirmation of requests to redirect on a non-firm basis and also declined to incorporate by reference Standard WEQ-001-10.5 and requested that NAESB, likewise, give consideration to reworking this standard. --------------------------------------------------------------------------- \21\ 99 FERC ] 61,054, at P 9 (2002) (Dynegy). \22\ 143 FERC ] 61,143, at P 25 & n.68 (2013) (Entergy). \23\ Id. P 47. --------------------------------------------------------------------------- 20. As the Commission stated in Entergy,\24\ our guiding precedent on the issue of when a customer requesting redirect loses rights on the original path was set in Dynegy.\25\ In Dynegy, the Commission found that a transmission customer receiving firm transmission service does not lose its rights to its original path until the redirect request satisfies all of the following criteria: (1) It is accepted by the transmission provider; (2) it is confirmed by the transmission customer; and (3) it passes the conditional reservation deadline under section 13.2 of its Open Access Transmission Tariff. --------------------------------------------------------------------------- \24\ Id. P 25 & n.68. \25\ Dynegy, 99 FERC ] 61,054 at P 9. --------------------------------------------------------------------------- 21. Having NAESB revise its standards to accommodate the Commission's policy in this area will help avoid confusion by public utilities as to their responsibilities under the Commission's policy and under the NAESB standards. The Commission's concern in Dynegy and Entergy was that a redirecting customer would lose its rights to the unconditional parent path and be left with no transmission service during the redirect period if the requested redirect was preempted by a competing service request. 22. We appreciate the extensive work that NAESB and its stakeholder have undertaken in response to our directive in Order 676-H. NAESB has reached consensus on standards relating to redirects related to unconditional parent reservations, and we propose to incorporate those standards by reference into our regulations. 23. NAESB reports, however, that it was unsure whether and to what extent the Dynegy policy applies to conditional parent reservations and non-firm service, and no consensus could be reached with respect to such standards. It therefore adopted a standard (WEQ-001-9.5) that allows individual transmission providers to craft provisions in their individual tariffs for how they will address redirects of requests for firm transmission service, rather than having an industry-wide business practice for such transactions. Because it could not reach consensus on these issues, the standards also do not prescribe when a public utility must reduce uncommitted capacity to account for redirects. NAESB also adopted a similar rewrite of the standard (WEQ-001-10.5) on redirects on a non-firm basis. 24. The concern about the negative effects of the potential loss of the customer's parent path when the parent reservation is conditional and subject to competition arguably is much less compelling than when the parent reservation is unconditional. While Dynegy carved out an exception for unconditional parent reservations, the Commission has not explicitly ruled on whether Dynegy applies to conditional parent reservations, and such an extension may go beyond the policy concern with losing firm service articulated in Entergy. 25. We, therefore, invite comment on whether the Commission should apply the Dynegy policy to conditional and non-firm redirects. Parties also should address the four redirect-related issues on which stakeholders have been unable to reach consensus. These are: (1) The treatment of a firm redirect for transmission service following the preemption of the conditional parent reservation; (2) the circumstances under which a firm redirect for transmission service may return to the conditional parent reservation; (3) the number of subsequent firm redirects for transmission service that can stem from the original firm redirect for transmission service; and (4) the proper treatment of requests to redirect requests for non-firm transmission service. Based on these responses, the Commission will consider whether it will adopt regulations regarding redirects from conditional parent reservations and non-firm service. 3. Requirement To Post ATC Narrative Within One Day 26. NAESB developed Standard WEQ-001-14 to meet the requirement [[Page 49584]] in Order No. 890 for transmission providers to post a narrative in instances when ATC remains unchanged at a value of zero for six months or longer. In addition, Standard WEQ-001-15 requires transmission providers to post a brief narrative that explains the reason for a change in monthly or yearly ATC values on a constrained path when a monthly or yearly ATC value changes as a result of a 10 percent change in total transfer capability. In Order No. 676-H, the Commission declined to incorporate by reference Standards WEQ-001-14.1.3 and WEQ- 011-15.1.2 after determining that these standards did not meet the Commission's requirement to post the ATC narrative as soon as feasible.\26\ The Commission requested that NAESB ``revise these standards to provide for a one-day posting requirement.'' \27\ In response, NAESB modified Standards WEQ-001-14.1.3 and WEQ-011-15.1.2 and adopted business practice standards to support the one-day posting requirement. --------------------------------------------------------------------------- \26\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 39. \27\ Id. P 29. --------------------------------------------------------------------------- 27. NAESB's revised standards appear consistent with our findings in Order No. 676-H and do not appear inconsistent with any Commission directives or findings in other orders. Moreover, as we explained above,\28\ below,\29\ and in previous orders, the NAESB standards are developed in an open consensus process that assures that the standards draw support from a wide range of industry members before being developed and adopted. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revised standards on the timing of the required posting of ATC narratives, as set forth in NAESB's WEQ Version 003.1 Business Practice Standards. --------------------------------------------------------------------------- \28\ See supra P 8. \29\ See infra P 57. --------------------------------------------------------------------------- 4. SAMTS Point-to-Point Treatment 28. The NAESB SAMTS business practice standards that the Commission incorporated by reference in Order No. 676-H were developed in response to a Commission finding in Order No. 890 requesting that NAESB develop business practice standards in this area.\30\ In Order No. 676-H, the Commission found reasonable a NAESB request to treat a conditional point-to-point reservation included in a coordinated group displaced through preemption as comparable to a reservation being superseded as a result of preemption.\31\ NAESB therefore includes in the Version 003.1 standards modifications to the SAMTS-related standards to permit a customer with preempted transmission capacity from a reservation associated with a coordinated group to alter (reduce or terminate) the capacity of coordinate requests in the coordinated group. --------------------------------------------------------------------------- \30\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 1377. \31\ Order No. 676-H, FERC Stats. & Regs. ] 31,359 at P 65. --------------------------------------------------------------------------- 29. The Commission finds that NAESB's revised standards are consistent with our findings in Order No. 676-H and do not appear inconsistent with any Commission directives or findings in other orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revised standards on SAMTS-Related standards as set forth in the WEQ Version 003.1 Business Practice Standards. 5. Clarification of Discretion of Transmission Providers To Deny Service Requests Under Standard WEQ-001-106.2.5 30. In Order No. 676-H, the Commission declined to incorporate by reference Standard WEQ-001-106.2.5, explaining that the standard was ``unclear in its application and could be read to allow Transmission Providers discretion to deny requests to terminate service in situations where this might not be warranted.'' \32\ In response, NAESB modified Standard WEQ-001-106.2.1, added Standard WEQ-001-106.2.1.1, and deleted Standard WEQ-001-106.2.5. Together, these revised standards clarify that a transmission customer should submit an accurate termination request and, if the transmission customer fails to do so, the transmission provider may deny the request. --------------------------------------------------------------------------- \32\ Id. P 58. --------------------------------------------------------------------------- 31. NAESB's revised standards appear consistent with our findings in Order No. 676-H and do not appear inconsistent with any Commission directives or findings in other orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revised Standards WEQ-WEQ-001-106.2.21, WEQ-001- 106.2.1.1, and WEQ-001-106.2.5, as set forth in the WEQ Version 003.1 Business Practice Standards. 6. Modifications To Allow a Transmission Provider To Extend the Time To Perform Its Biennial Reassessment 32. In Order No. 676-E, the Commission stated ``we reiterate here the Commission's finding in Order No. 890 that a transmission provider is permitted to extend the timeframe to reassess the availability of conditional firm service. Since the Version 002.1 Standards do not specifically address this issue, we would ask the industry, working through NAESB, to continue to look at additional business practice standards facilitating a transmission provider's extension of its right to perform a reassessment.'' \33\ In response to this request, NAESB, in its Version 003.1 Standards, adopted modifications to five standards in the WEQ-001 OASIS Business Practice Standards and one standard in the WEQ-013 OASIS Implementation Guide Business Practice Standards that explicitly allow a transmission provider to extend the deadline by which it must perform its biennial reassessment of the availability on its system of conditional firm service. --------------------------------------------------------------------------- \33\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 72. --------------------------------------------------------------------------- 33. NAESB's revised standards appear consistent with our findings in Order No. 676-E and do not appear inconsistent with any Commission directives or findings in other orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to five standards to extend the deadline by which a transmission provider must perform its biennial reassessment of the availability on its system of conditional firm service, as set forth in the WEQ Version 003.1 Business Practice Standards. 7. Industry-Wide Mechanism for Consistent Posting of AFC-Related Data 34. In Order No. 890-A, the Commission explained that ``[t]o the extent MidAmerican or its customers find it beneficial also to post AFC, MidAmerican is free to post both ATC and AFC values.'' \34\ In the WEQ Version 003.1 Business Practice Standards, NAESB includes revisions to provide an industry-wide mechanism for posting of AFC-related data. NAESB adds three new data elements to the list of valid data element values for SYSTEM_ATTRIBUTE and SYSTEM_ELEMENT_TYPE in WEQ-003 OASIS Data Dictionary and to the system data OASIS template in WEQ-013 OASIS [[Page 49585]] Implementation Guide Business Practice Standards. --------------------------------------------------------------------------- \34\ Order No. 890-A, FERC Stats. & Regs. ] 31,261 at P 51. --------------------------------------------------------------------------- 35. NAESB's revised standards appear consistent with our findings in Order No. 890-A and do not appear inconsistent with any Commission directives or findings in other orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to the data elements in the OASIS Data Dictionary and to the data OASIS Template in Standard WEQ-013 to provide an industry-wide mechanism for posting of AFC-related data, as set forth in the WEQ Version 003.1 Business Practice Standards. 8. Use of DUNS Numbers 36. In Order No. 768, the Commission eliminated the requirement to use DUNS numbers \35\ in Electronic Quarterly Report filings and stated that ``DUNS numbers have proven to be imprecise identification systems, as entities may have multiple DUNS numbers, only one DUNS number, or no DUNS number at all.'' \36\ NAESB has adopted revisions to Standard WEQ- 001-3.1 to eliminate the use of a DUNS number to identify an organization in OASIS postings. For consistency, NAESB also adopted changes or modifications to the Standard WEQ-000 Abbreviations, Acronyms, and Definition of Terms Business Practice Standards, WEQ-001 OASIS Business Practice Standards, WEQ-003 OASIS Data Dictionary Business Practice Standards, and WEQ-013 OASIS Implementation Guide Business Practice Standards. --------------------------------------------------------------------------- \35\ The Data Universal Numbering System, abbreviated as DUNS or D-U-N-S, is a proprietary system developed and regulated by Dun & Bradstreet that assigns a unique numeric identifier, referred to as a ``DUNS number'' to a single business entity. \36\ Electricity Market Transparency Provisions of Section 220 of the Federal Power Act, Order No. 768, 77 FR 61896, FERC Stats. & Regs. ] 31,336, at P 171 (2012). --------------------------------------------------------------------------- 37. NAESB's revised standards appear consistent with the Commission's findings in Order No. 768 and do not appear inconsistent with any Commission directives or findings in other orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard WEQ-002-4.3.6.2. B. Revised and New Standards Designed To Complement NERC Reliability Standards and Developments 1. NERC Compliance Registry 38. The WEQ Version 003.1 standards include modifications to the WEQ-004 Coordinate Interchange Business Practice Standards to include in the EIR items eliminated by NERC, in Docket No. RR15-4-000, from the NERC Compliance Registry including the elimination of the LSE, the Purchase Selling Entity, and the Interchange Authority roles. This proposal was accepted by the Commission in orders issued on March 19, 2015 \37\ and on October 15, 2015.\38\ Because the Commission has accepted the elimination of the LSE function from the NERC Compliance Registry, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, the NAESB modifications of WEQ-004 pertaining to Coordinate Interchange Business Practices. --------------------------------------------------------------------------- \37\ North American Electric Reliability Corporation, 150 FERC ] 61,213 (2015). \38\ North American Electric Reliability Corporation, 153 FERC ] 61,024, at P 20 (2015). --------------------------------------------------------------------------- 2. Electric Industry Registry Standards 39. On November 13, 2012, the NAESB EIR replaced the NERC TSIN as the industry registry, a tool previously used by wholesale electric markets to help them develop e-Tags for electronic scheduling. Thus, the NAESB EIR is now the tool the industry uses to support OASIS users in the electronic scheduling of transactions by acting as the central repository for information used by the wholesale electric industry in the creation of e-Tags. The WEQ-004 Coordinate Interchange Business Practice Standards and e-Tag Functional Specifications and Schema provide the commercial framework for e-Tagging. The new WEQ-022 EIR Business Practice Standards establish business practices for the NAESB EIR and provide guidance for registry users. 40. NAESB's revised Standard WEQ-004 appears reasonable and does not appear inconsistent with any Commission directives or findings in other orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revised Standard WEQ-004 as set forth in the WEQ Version 003.1 Business Practice Standards. 3. WEQ-023 Modeling Business Practice Standards 41. WEQ's Version 003.1 Business Practice Standards includes a new suite of standards, the WEQ-023 Modeling Business Practice Standards, which address technical issues affecting the calculation of ATC for wholesale electric transmission services. NAESB developed these Modeling standards after NERC proposed to retire the bulk of its MOD A Reliability Standards, which address ATC calculation, and NERC requested that NAESB consider developing replacement Business Practice Standards for requirements that NERC identified as being potentially relevant for commercial purposes.\39\ WEQ-023 includes two new requirements not previously included in the NERC Reliability Standards related to contract path management. These two standards, WEQ-023-1.4 and WEQ-023-1.4.1, limit the amount of firm transmission service across a path between balancing authorities to the contract path limit for that given path. --------------------------------------------------------------------------- \39\ NERC's proposal is currently pending before the Commission in the rulemaking proceeding in Docket No. RM14-7-000, see supra n.7. --------------------------------------------------------------------------- 42. The Commission is considering NERC's proposed retirement of its ATC-related Reliability Standards in Docket No. RM14-7-000. In addition, the Commission has established a proceeding in Docket No. AD15-5-000 to consider proposed changes to the calculation of ATC, and has conducted a technical conference and received comments regarding such changes.\40\ As a result, we are not proposing to incorporate by reference the WEQ-023 Modeling Business Practice Standards in this NOPR, but will consider these standards as part of the overall inquiry into ATC calculation. --------------------------------------------------------------------------- \40\ See, e.g., the December 18, 2014 status report filed by NAESB in Docket Nos. RM05-5-000 and RM14-7-000, and the Commission's April 21, 2015 workshop, Available Transfer Capability Standards for Wholesale Electric Transmission Services, Docket No. RM15-5-000. --------------------------------------------------------------------------- C. Revisions to WEQ Business Practice Standards Not Requested by Commission or Developed To Comply With a Commission Directive 43. In addition to the standards revisions that NAESB made to comply with various Commission directives and requests, NAESB also developed and adopted five revisions to the Business Practice Standards at its own initiative. These revisions: (1) Introduce a requirement for resellers to post off-OASIS resale transactions on the OASIS in the ``accepted'' status to provide the assignee of the resale the opportunity to confirm the transaction on the OASIS; (2) allow for the unmasking of the source and sink of a request for transmission service, once that request is moved to any final state; (3) modify the Commission's existing non-mandatory guidance on Smart Grid standards; (4) modify the WEQ Abbreviations, Acronyms, and Definition of Terms in Standard WEQ-000 to maintain consistency between the defined terms used in the NAESB standards, including revisions to the [[Page 49586]] terms ``Demand Reduction Value'' and ``Energy Efficiency'' to mirror definitions proposed by the Retail Market Quadrant and prevent industry confusion; and (5) modify the Commission's PKI-related standards. We will now separately discuss each of these revisions. 1. Proper Method To Post Off-OASIS Resale Transactions 44. NAESB's WEQ Version 003.1 Business Practice Standards include a revision to the WEQ-013 OASIS Implementation Guide Business Practice Standards to allow off-OASIS resale transactions to be posted directly to the OASIS under an ``accepted'' status. Prior to the modification to WEQ-013-2.6.7.2, these transactions were posted only as confirmed transactions. NAESB has also adopted a revision to the WEQ-001 OASIS Business Practice Standards (WEQ-013-2.6.7.2) as a conforming change requiring a service agreement between an assignee and a transmission provider to be executed once the assignee has confirmed the resale transaction on the OASIS. 45. NAESB's revised standards on this subject appear reasonable and do not appear inconsistent with any directives or findings in any Commission orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard WEQ-013-2.6.7.2 and to the WEQ-013 OASIS Implementation Guide Standards. 2. Unmasking of Final State Source and Sink Requests 46. NAESB's WEQ Version 003.1 Business Practice Standards modify Standard WEQ-002-4.3.6.2 to unmask the source and sink for a request for transmission service for all instances where the request for transmission service is moved to any final state. Prior to this modification, masking of the source and sink of a request for transmission service was permitted until the status of that request was confirmed. 47. NAESB's revised standards appear reasonable and do not appear inconsistent with any directives or findings in any Commission order. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard WEQ-002-4.3.6.2. 3. Modifications to Smart Grid Standards 48. In Order 676-H, the Commission recognized the values of the Smart Grid standards and encouraged ``further developments in interoperability, technological innovation and standardization in this area.'' In Order No. 676-H, the Commission adopted in its regulations as non-mandatory guidance five Smart Grid related standards: (1) WEQ- 016 Specifications for Common Electricity Product and Pricing Definition Business Practice Standards; (2) WEQ-017 Specifications for Common Schedule Communication Mechanism for Energy Transactions; (3) WEQ-018 Specifications for Wholesale Standard Demand Response Signals Business Practice Standards; (4) WEQ-019 Customer Energy Usage Information Communication Business Practice Standards; and (5) WEQ-020 Smart Grid Standards Data Elements Table Business Practice Standards. This guidance is published in the Federal Register at 18 CFR 2.27. 49. In its Version 003.1 Business Practice Standards, NAESB has modified the Standard WEQ-019 Customer Energy Usage Information Communication Business Practice Standards. NAESB made this modification so that the revised standard will operate in harmony with other smart grid standards, including the Smart Energy Profile 2.0, the International Electrotechnical Commission Information Model, the NAESB REQ.21 Energy Service Providers Interface, and standards developed by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers. 50. Standard WEQ-019 provides for energy usage information and this revision allows consumers access to their energy usage information. These standards will not only be used by the wholesale electric industry, but also are important initiatives for use in ongoing utility programs for consumer data access. We, therefore, propose to revise our non-mandatory guidance that we listed in 18 CFR 2.27(d) to reference NAESB's updated Standard WEQ-019 as set out in the Version 003.1 package of WEQ Business Practice Standards, replacing the existing reference in 18 CFR 2.27(d) to Standard WEQ-019 as set out in the Version 003 WEQ Business Practice Standards. 4. Modification to Standards on Abbreviations, Acronyms and Definitions of Terms 51. Also included in Version 003.1 is a modification to WEQ Abbreviations, Acronyms, and Definition of Terms in Standard WEQ-000 to maintain consistency between the defined terms used in the NAESB standards, and modified the terms ``Demand Reduction Value'' and ``Energy Efficiency'' to mirror definitions proposed by the Retail Market Quadrant and prevent industry confusion. 52. NAESB's revised standards appear reasonable and do not appear inconsistent with any directives or findings in any Commission orders. Accordingly, we propose to incorporate by reference, into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard WEQ-000. 5. Public Key Infrastructure-Related Standards 53. NAESB includes three modifications to support the WEQ-012 PKI Business Practice Standards previously incorporated by reference by the Commission in Order No. 676-H.\41\ The three PKI-related modifications made in the Version 003.1 Standards were to the WEQ-012 PKI Business Practice Standards, the WEQ-002 OASIS Standards and Communication Protocols Business Practice Standards, and the WEQ-004 Coordinate Interchange Business Practice Standards. NAESB modified WEQ-012 to accommodate technology changes and security advances as well as to remove standards specifying criteria a certificate authority must meet. NAESB moved the standards specifying criteria that must be met out of the Version 003.1 Business Practice Standards and into a second document that outlines the prerequisites a certificate authority must meet to become a NAESB Certification Authority.\42\ --------------------------------------------------------------------------- \41\ These three modifications were not included in the Version 003 filing NAESB made on September 18, 2012 but rather were filed separately by NAESB on January 29, 2013 following the conclusion of standards development. See Submittal of Modifications to the NAESB Public Key Infrastructure Standards and Other Standards to support the Public Key Infrastructure, Docket Nos. RM05-5-000 and RM05-5- 022, January 29, 2013. \42\ The specifications document was created in recognition that certificate authorities may not be subject to the Commission's jurisdictional authority under the Federal Power Act and that specification requirements can be modified through an accelerated process versus standards development. --------------------------------------------------------------------------- 54. NAESB modified five standards and added three standards WEQ- 002, which require the use of a certificate issued by a NAESB Certification Authority to access an OASIS site and include requirements related to support the implementation of PKI on OASIS sites as well as revisions to reflect the transmission of the registry from the NERC TSI to the NAESB EIR. NAESB includes one new standard, WEQ-004-2.3, which requires all e-Tagging communication to be secured by certifications issued by a NAESB Certification Authority. NAESB also includes modifications to WEQ-000 for consistency purposes. [[Page 49587]] 55. In Order No. 676-H, the Commission incorporated by reference the WEQ-012 PKI Business Practice Standards. In Version 003.1, NAESB has filed three modifications to support these standards, requesting that the Commission also incorporate by reference these modifications. We propose to incorporate these revised standards by reference into the Commission's regulations. These revised standards will require public utilities to conduct transactions securely when using the internet and will eliminate confusion over which transactions involving public utilities must follow the approved PKI procedures to secure their transactions. The revisions support the NAESB Authorized Certification Authority (ACA) Certification Program and account for technological advances following the original adoption of the standards by NAESB.\43\ --------------------------------------------------------------------------- \43\ We note the NAESB ACA Certification Program is solely a service offered by NAESB, and is not include in WEQ-012. --------------------------------------------------------------------------- D. Implementation 56. Consistent with the policy that we introduced in Order No. 676- H,\44\ we propose upon issuance of a final rule, to establish a specific date by which all public utilities must file compliance filings revising their tariffs to acknowledge their responsibility to comply with the revised standards. In Order No. 676-H, we permitted public utilities that wish to incorporate the complete set of NAESB standards into their tariffs without modification to avoid having to make future compliance filings by specifying in their compliance filing that they are incorporating into their tariff all of the standards incorporated by reference by the Commission as specified in Part 38 of the Commission's Rules of Practice and Procedure as updated and revised. Those public utilities that followed this approach after the issuance of Order No. 676-H will not need to make a compliance filing revising their tariff after issuance of a final rule in this proceeding as long as they continue to incorporate all of the standards without modification. Public utilities that have not availed themselves of this option in complying with Order No. 676-H would be free to do so in complying with a final rule in this proceeding. --------------------------------------------------------------------------- \44\ Order No. 676-H, FERC Stats. & Regs. ] 31,359 at P 71. --------------------------------------------------------------------------- III. Notice of Use of Voluntary Consensus Standards 57. The NAESB WEQ Version 003.1 Business Practice Standards were adopted by NAESB under NAESB's consensus procedures.\45\ As the Commission found in Order No. 676, adoption of consensus standards is appropriate because the consensus process helps ensure the reasonableness of the standards by requiring that the standards draw support from a broad spectrum of all segments of the industry. Moreover, since the industry itself has to conduct business under these standards, the Commission's regulations should reflect those standards that have the widest possible support. In section 12(d) of the National Technology Transfer and Advancement Act of 1995, Congress affirmatively requires federal agencies to use technical standards developed by voluntary consensus standards organizations, like NAESB, as a means to carry out policy objectives or activities unless use of such standards would be inconsistent with applicable law or otherwise impractical.\46\ --------------------------------------------------------------------------- \45\ Under this process, to be approved a standard must receive a super-majority vote of 67 percent of the members of the WEQ's Executive Committee with support from at least 40 percent from each of the five industry segments--transmission, generation, marketer/ brokers, distribution/load serving entities, and end users. For final approval, 67 percent of the WEQ's general membership must ratify the standards. \46\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C. 272 note (1997). --------------------------------------------------------------------------- 58. Office of Management and Budget Circular A-119 (section 11) (February 10, 1998) provides that Federal Agencies should publish a request for comment in a NOPR when the agency is seeking to issue or revise a regulation proposing to adopt a voluntary consensus standard or a government-unique standard. In this NOPR, the Commission is proposing to incorporate by reference voluntary consensus standards developed by the WEQ of NAESB. IV. Incorporation by Reference 59. The Office of the Federal Register requires agencies incorporating material by reference in final rules to discuss, in the preamble of the final rule, the ways that the materials it incorporates by reference are reasonably available to interested parties and how interested parties can obtain the materials.\47\ The regulations also require agencies to summarize, in the preamble of the final rule, the material it incorporates by reference. The NAESB standards we are proposing to incorporate by reference in this Final Rule can be summarized as follows: --------------------------------------------------------------------------- \47\ 1 CFR 51.5. See Incorporation by Reference, 79 FR 66267 (Nov. 7, 2014). --------------------------------------------------------------------------- Revisions to OASIS Standards. The Version 003.1 standards include revisions to six OASIS-related standards made to conform to directives and guidance provided by the Commission in Order Nos. 676-E, 676-H, and 890. In addition, NAESB modified WEQ-001 and WEQ-013 to require resellers to enter off-OASIS resale transactions into OASIS sites in the ``accepted'' status to provide the assignee of the resale the opportunity to confirm the transaction on the OASIS and revised WEQ-002-4.3.6.2 to allow for the unmasking of the source and sink of a request for transmission when that request is moved to any final state. Finally, NAESB modified WEQ-001, WEQ-003, and WEQ-013 to be consistent with the Commission's treatment of Data Universal Numbering System (DUNS) numbers. Revisions to NERC-Related Standards. NAESB modified existing standards and developed new standards based on developments involving NERC. In addition, NAESB has adopted revisions to NAESB standards that need to match up with NERC's Interchange Scheduling and Coordination (INT) Reliability Standards. The Commission is proposing to incorporate by reference the WEQ-022 standards and the standards relating to NERC's INT standards.\48\ --------------------------------------------------------------------------- \48\ As discussed above, NAESB has also adopted modifications to NERC-related standards, such as WEQ-023, that we do not propose in this NOPR to incorporate by reference. --------------------------------------------------------------------------- Standards Development. NAESB also modified four additional standards in the course of normal standards development. In response to Order No. 764, NAESB modified WEQ-004 to provide for the scheduling of interchange in 15-minute intervals and modified WEQ-019 to ensure consistency between WEQ Business Practice Standards and other standards organizations' standards. Additionally, NAESB modified WEQ-000 to harmonize definitions with NAESB Retail Market Quadrant efforts. PKI Modifications. The standards include additional PKI modifications to WEQ-002, WEQ-004, and WEQ-012 to support the NAESB Authorized Certification Authority (Certification Authority) Certification Program and to account for technological advances. Minor Corrections. Under its process to make necessary minor corrections to its standards, when needed, the WEQ Version 003.1 Business Practice Standards include seven new minor corrections made by NAESB. 60. Our regulations provide that copies of the NAESB standards incorporated by reference may be obtained from the North American [[Page 49588]] Energy Standards Board, 801 Travis Street, Suite 1675, Houston, TX 77002, Phone: (713) 356-0060. NAESB's Web site is located at http://www.naesb.org/ org/. Copies of the standards may be inspected at the Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 888 First Street NE., Washington, DC 20426, Phone: (202) 502-8371, http://www.ferc.gov.\49\ --------------------------------------------------------------------------- \49\ 18 CFR 284.12. --------------------------------------------------------------------------- 61. NAESB is a private consensus standards developer that develops voluntary wholesale and retail standards related to the energy industry. The procedures used by NAESB make its standards reasonably available to those affected by the Commission regulations, which generally is comprised of entities that have the means to acquire the information they need to effectively participate in Commission proceedings.\50\ NAESB provides a free electronic read-only version of the standards for a three business day period or, in the case of a regulatory comment period, through the end of the comment period.\51\ Participants can join NAESB, for an annual membership cost of $7,000, which entitles them to full participation in NAESB and enables them to obtain these standards at no additional cost.\52\ Non-members may obtain a complete set of Standards Manuals, Booklets, and Contracts on CD for $2,000 and the Individual Standards Manual or Booklets for each standard by email for $250 per manual or booklet.\53\ In addition, NAESB considers requests for waivers of the charges on a case by case basis based on need. --------------------------------------------------------------------------- \50\ As a private, consensus standards developer, NAESB needs the funds obtained from its membership fees and sales of its standards to finance the organization. The parties affected by these Commission regulations generally are highly sophisticated and have the means to acquire the information they need to effectively participate in Commission proceedings. \51\ Procedures for non-members to evaluate work products before purchasing are available at https://www.naesb.org/misc/NAESB_Nonmember_Evaluation.pdf. See Incorporation by Reference, 79 FR at 66271, n.51 & 53 (Nov. 7, 2014) (citing to NAESB's procedure of providing ``no-cost, no-print electronic access,'' NAESB Comment at 1, http://www.regulations.gov/#!documentDetail;D=OFR-2013-0001- 0023). \52\ North American Energy Standards Board Membership Application, https://www.naesb.org/pdf4/naesbapp.pdf. \53\ NAESB Materials Order Form, https://www.naesb.org//pdf/ordrform.pdf. --------------------------------------------------------------------------- V. Information Collection Statement 62. The following collection of information contained in this proposed rule is subject to review by the Office of Management and Budget (OMB) under section 3507(d) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d).\54\ OMB's regulations require approval of certain information 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 this 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. --------------------------------------------------------------------------- \54\ 44 U.S.C. 3507(d). \55\ 5 CFR 1320.11. --------------------------------------------------------------------------- 63. The Commission solicits comments on the Commission's need for this information, whether the information will have practical utility, the accuracy of the provided burden estimates, ways to enhance the quality, utility, and clarity of the information to be collected, and any suggested methods for minimizing respondents' burden, including the use of automated information techniques. 64. The following burden estimate is based on the projected costs for the industry to implement the new and revised business practice standards adopted by NAESB and proposed to be incorporated by reference in this NOPR.\56\ --------------------------------------------------------------------------- \56\ Commission staff estimates that industry is similarly situated in terms of hourly cost (wages plus benefits). Based on the Commission average cost (wages plus benefits) for 2016, $74.50/hour is used. Revisions in NOPR in RM05-5-025 -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual number Number of of responses Total number Average burden (hours) & cost Total annual burden hours & respondents per respondent of responses ($) per response total annual cost ($) (1) (2) (1)*(2)=(3) (4)............................ (3)*(4)=(5) -------------------------------------------------------------------------------------------------------------------------------------------------------- FERC-516E 57 58 (tariff filing)........ 132 1 132 6.............................. 792 hours. $447........................... $59,004. FERC-717 (compliance with standards) 59 132 1 132 30 \60\........................ 3,960 hours. $2,235......................... $295,020. ---------------------------------------------------------------------------------------------------------------- Total.............................. .............. .............. 264 36 hours....................... 4,752 hours. $2,682......................... $354,024. -------------------------------------------------------------------------------------------------------------------------------------------------------- Costs To Comply With Paperwork Requirements The estimated annual costs are as follows: --------------------------------------------------------------------------- \57\ This burden category is intended for ``FERC-516,'' the Commission's identifier that corresponds to OMB Control No. 1902- 0096 (Electric Rate Schedules and Tariff Filings). However, another unrelated item is pending OMB review using this OMB Control No. and only one item per OMB Control No. may be pending at a time. Therefore, to ensure timely submission, Commission staff is using FERC-516E (OMB Control No. TBD), a temporary collection number. \58\ These information collection requirements are one-time burden estimates. After implementation in Year 1, the revision proposed in this NOPR would be complete. \59\ ``FERC-717'' is the Commission's identifier that corresponds to OMB control no. 1902-0173 that identifies the information collection associated with Standards for Business Practices and Communication Protocols for Public Utilities. \60\ The 30-hour estimate was developed in Docket No. RM05-5- 013, when the Commission prepared its estimate of the scope of work involved in transitioning to the NAESB Version 002.1 Business Practice Standards. See Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 134. We have retained the same estimate here, because the scope of the tasks involved in the transition to Version 003.1 of the Business Practice Standards is very similar to that for the transition to the Version 003 Standards. --------------------------------------------------------------------------- FERC-516E: 132 entities * 1 response/entity * (6 hours/ response * $74.50/hour) = $57,024. FERC-717: 132 entities * 1 response/entity * (30 hours/ response * $74.50/hour) = $285,120. Titles: Electric Rate Schedule Filing (FERC-516E); Open Access Same Time Information System and Standards for Business Practices and Communication Protocols for Public Utilities (FERC-717). [[Page 49589]] Action: Proposed collection. OMB Control Nos.: TBD (FERC-516E); 1902-0173 (FERC-717). Respondents: Business or other for profit (Public Utilities-- Generally not applicable to small businesses).\61\ --------------------------------------------------------------------------- \61\ See infra PP 72-73. --------------------------------------------------------------------------- Frequency of Responses: One-time implementation (business procedures, capital/start-up). 65. Necessity of the Information: This proposed rule, if implemented would upgrade the Commission's current business practice and communication standards and protocols modifications to support compliance with requirements established by the Commission in Order Nos. 890, 890-A, 890-B, and 890-C, as well as modifications to the OASIS-related standards to support Order Nos. 676, 676-A, 676-E, and 717. 66. Internal Review: The Commission has reviewed the revised business practice standards and has made a preliminary determination that the proposed revisions that we propose here to incorporate by reference are both necessary and useful. In addition, the Commission has assured itself, by means of its internal review, that there is specific, objective support for the burden estimate associated with the information requirements. 67. 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 [Attn: Ellen Brown, email: [email protected], phone: (202) 502-8663, fax: (202) 273-0873]. 68. Comments concerning the information collections proposed in this NOPR and the associated burden estimates should be sent to the Commission at this docket and by email to the Office of Management and Budget, Office of Information and Regulatory Affairs [Attention: Desk Officer for the Federal Energy Regulatory Commission]. For security reasons, comments should be sent by email to OMB at the following email address: [email protected]. Please reference the docket number of this Notice of Proposed Rulemaking (Docket No. RM05-5-25) and OMB Control Nos. TBD (FERC-516E) and 1902-0173 (FERC-717) in your submission. VI. Environmental Analysis 69. 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.\62\ The Commission has categorically excluded certain actions from these requirements as not having a significant effect on the human environment.\63\ The actions proposed here fall within categorical exclusions in the Commission's regulations for rules that are clarifying, corrective, or procedural, for information gathering, analysis, and dissemination, and for sales, exchange, and transportation of electric power that requires no construction of facilities.\64\ Therefore, an environmental assessment is unnecessary and has not been prepared in this NOPR. --------------------------------------------------------------------------- \62\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783 (1987). \63\ 18 CFR 380.4. \64\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27). --------------------------------------------------------------------------- VII. Regulatory Flexibility Act Certification 70. The Regulatory Flexibility Act of 1980 (RFA) \65\ generally requires a description and analysis of proposed rules that will have significant economic impact on a substantial number of small entities. The RFA does not mandate any particular outcome in a rulemaking. It only requires consideration of alternatives that are less burdensome to small entities and an agency explanation of why alternatives were rejected. --------------------------------------------------------------------------- \65\ 5 U.S.C. 601-612. --------------------------------------------------------------------------- 71. The Small Business Administration (SBA) revised its size standards (effective January 22, 2014) for electric utilities from a standard based on megawatt hours to a standard based on the number of employees, including affiliates. Under SBA's standards, some transmission owners will fall under the following category and associated size threshold: Electric bulk power transmission and control, at 500 employees.\66\ --------------------------------------------------------------------------- \66\ 13 CFR 121.201, Sector 22 (Utilities), NAICS code 221121 (Electric Bulk Power Transmission and Control). --------------------------------------------------------------------------- 72. The Commission estimates that 5 of the 132 respondents are small. The Commission estimates that the impact on these entities is consistent with the paperwork burden of $2,682 per entity used above.\67\ The Commission does not consider $2,682 to be a significant economic impact. --------------------------------------------------------------------------- \67\ 36 hours at $74.50/hour = $2,682. --------------------------------------------------------------------------- 73. Based on the above, the Commission certifies that implementation of the proposed Business Practice Standards will not have a significant impact on a substantial number of small entities. Accordingly, no initial regulatory flexibility analysis is required. VIII. Comment Procedures 74. The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due September 26, 2016. Comments must refer to Docket No. RM05-5-025 and must include the commenter's name, the organization they represent, if applicable, and their address in their comments. 75. The Commission encourages comments to be filed electronically via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Commenters filing electronically do not need to make a paper filing. 76. Commenters that are not able to file comments electronically must send an original of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. 77. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this proposal are not required to serve copies of their comments on other commenters. IX. Document Availability 78. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through the Commission's Home Page (http://www.ferc.gov) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 79. From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 80. User assistance is available for eLibrary and the Commission's Web site during normal business hours from the [[Page 49590]] Commission's Online Support at (202) 502-6652 (toll free at 1-866-208- 3676) or email at [email protected], or the Public Reference Room at (202) 502-8371, TTY (202) 502-8659. Email the Public Reference Room at [email protected]. List of Subjects 18 CFR Part 2 Electric utilities, Guidance and policy statements. 18 CFR Part 38 Conflict of interests, Electric power plants, Electric utilities, Incorporation by reference, Reporting and recordkeeping requirements. By direction of the Commission. Dated: July 21, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. In consideration of the foregoing, the Commission proposes to amend parts 2 and 38, chapter I, title 18, Code of Federal Regulations, as follows: PART 2--GENERAL POLICY AND INTERPRETATIONS 0 1. The authority citation for part 2 continues to read as follows: Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432, 16 U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352. 0 2. Amend Sec. 2.27 by revising paragraph (d) to read as follows: Sec. 2.27 Availability of North American Energy Standards Board (NAESB) Smart Grid Standards as non-mandatory guidance. * * * * * (d) WEQ-019, Customer Energy Usage Information Communication (WEQ Version 003.1, Sep. 30, 2015); and * * * * * PART 38--STANDARDS FOR PUBLIC UTILITY BUSINESS OPERATIONS AND COMMUNICATIONS 0 3. The authority citation for part 38 continues to read as follows: Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352. 0 4. Amend Sec. 38.1, by revising paragraph (b) to read as follows: Sec. 38.1 Incorporation by reference of North American Energy Standards Board Wholesale Electric Quadrant standards. * * * * * (b) The business practice and electronic communication standards the Commission incorporates by reference are as follows: (1) WEQ-000, Abbreviations, Acronyms, and Definition of Terms (Version 003.1, Sep., 30, 2015); (2) WEQ-001, Open Access Same-Time Information System (OASIS), OASIS Version 2.1 (WEQ Version 003.1, Sep. 30, 2015) with the exception of Standards 001-9.5, 001-10.5, 001-14.1.3, 001-15.1.2 and 001- 106.2.5); (3) WEQ-002, Open Access Same-Time Information System (OASIS) Business Practice Standards and Communication Protocols (S&CP), OASIS Version 2.1 (WEQ Version 003.1, Sep. 30, 2015); (4) WEQ-003, Open Access Same-Time Information System (OASIS) Data Dictionary Business Practice Standards, OASIS Version 2.1 (WEQ Version 003.1, Sep. 30, 2015); (5) WEQ-004, Coordinate Interchange (WEQ Version 003.1, Sep. 30, 2015); (6) WEQ-005, Area Control Error (ACE) Equation Special Cases (WEQ Version 003.1, Sep. 30, 2015); (7) WEQ-006, Manual Time Error Correction (WEQ Version 003, Sep. 30, 2015); (8) WEQ-007, Inadvertent Interchange Payback (WEQ Version 003.1, Sep. 30, 2015); (9) WEQ-008, Transmission Loading Relief (TLR)--Eastern Interconnection (WEQ Version 003.1, Sep. 30, 2015); (10) WEQ-011, Gas/Electric Coordination (WEQ Version 003.1, Sep. 30, 2015); (11) WEQ-012, Public Key Infrastructure (PKI) (WEQ Version 003.1, Sep. 30, 2015); (12) WEQ-013, Open Access Same-Time Information System (OASIS) Implementation Guide, OASIS Version 2.1 (WEQ Version 003.1, Sep. 30, 2015); (13) WEQ-015, Measurement and Verification of Wholesale Electricity Demand Response (WEQ Version 003.1, Sep. 30, 2015); (14) WEQ-021, Measurement and Verification of Energy Efficiency Products (WEQ Version 003.1, Sep. 30, 2015). (15) WEQ-022, Electric Industry Registry Business Practice Standards (WEQ Version 003.1, Sep. 30, 2015); and (16) WEQ-023, Modeling Business Practice Standards (WEQ Version 003.1, Sep. 30, 2015). [FR Doc. 2016-17841 Filed 7-27-16; 8:45 am] BILLING CODE 6717-01-P
![49580 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Proposed Rules
DEPARTMENT OF ENERGY American Energy Standards Board Regulatory Commission, Secretary of the
(NAESB). These standards mainly Commission, 888 First Street NE.,
Federal Energy Regulatory modify and update NAESB’s WEQ Washington, DC 20426.
Commission Version 003 Standards. The Instructions: For detailed instructions
Commission also proposes to revise its on submitting comments and additional
18 CFR Parts 2 and 38 regulations to incorporate NAESB’s information on the rulemaking process,
[Docket No. RM05–5–025] updated Smart Grid Business Practice see the Comment Procedures Section of
Standards in the Commission’s General this document.
Standards for Business Practices and Policy and Interpretations. FOR FURTHER INFORMATION CONTACT:
Communication Protocols for Public DATES: Comments are due September Michael P. Lee (technical issues), Office
Utilities 26, 2016. of Energy Policy and Innovation,
AGENCY: Federal Energy Regulatory ADDRESSES: Comments, identified by Federal Energy Regulatory
Commission, Department of Energy. Docket No. RM05–5–025, may be filed Commission, 888 First Street NE.,
ACTION: Notice of proposed rulemaking. in the following ways: Washington, DC 20426, (202) 502–
• Electronic Filing through http:// 6548.
SUMMARY: The Federal Energy www.ferc.gov. Documents created Gary D. Cohen (legal issues), Office of
Regulatory Commission (Commission) electronically using word processing the General Counsel, Federal Energy
proposes to incorporate by reference the software should be filed in native Regulatory Commission, 888 First
latest version (Version 003.1) of certain applications or print-to-PDF format and Street NE., Washington, DC 20426,
Standards for Business Practices and not in a scanned format. (202) 502–8321.
Communication Protocols for Public • Mail/Hand Delivery: Those unable
SUPPLEMENTARY INFORMATION:
Utilities adopted by the Wholesale to file electronically may mail or hand-
Electric Quadrant (WEQ) of the North deliver comments to: Federal Energy Table of Contents
Paragraph
numbers
I. Background ....................................................................................................................................................................................... 6
II. Discussion ....................................................................................................................................................................................... 17
A. Revisions to WEQ OASIS Business Practice Standards in Light of Commission Policies ........................................................ 18
1. Overview ...................................................................................................................................................................................... 18
2. Redirects from Conditional Parent Reservations ........................................................................................................................ 19
3. Requirement to Post ATC Narrative within One Day .................................................................................................................. 26
4. SAMTS Point-to-Point Treatment ................................................................................................................................................ 28
5. Clarification of Discretion of Transmission Providers to Deny Service Requests under Standard WEQ–001–106.2.5 ............ 30
6. Modifications to Allow a Transmission Provider to Extend the Time to Perform its Biennial Reassessment ............................ 32
7. Industry-Wide Mechanism for Consistent Posting of AFC-Related Data .................................................................................... 34
8. Use of DUNS Numbers ............................................................................................................................................................... 36
B. Revised and New Standards Designed to Complement NERC Reliability Standards and Developments ............................... 38
1. NERC Compliance Registry ........................................................................................................................................................ 38
2. Electric Industry Registry Standards ........................................................................................................................................... 39
3. WEQ–023 Modeling Business Practice Standards ..................................................................................................................... 41
C. Revisions to WEQ Business Practice Standards Not Requested by Commission or Developed to Comply with a Commis-
sion Directive ................................................................................................................................................................................ 43
1. Proper Method to Post Off-OASIS Resale Transactions ............................................................................................................ 44
2. Unmasking of Final State Source and Sink Requests ................................................................................................................ 46
3. Modifications to Smart Grid Standards ........................................................................................................................................ 48
4. Modification to Standards on Abbreviations, Acronyms and Definitions of Terms ..................................................................... 51
5. Public Key Infrastructure-Related Standards .............................................................................................................................. 53
D. Implementation ............................................................................................................................................................................ 56
III. Notice of Use of Voluntary Consensus Standards ........................................................................................................................ 57
IV. Incorporation By Reference ........................................................................................................................................................... 59
V. Information Collection Statement .................................................................................................................................................... 62
VI. Environmental Analysis .................................................................................................................................................................. 69
VII. Regulatory Flexibility Act Certification .......................................................................................................................................... 70
VIII. Comment Procedures .................................................................................................................................................................. 74
IX. Document Availability ..................................................................................................................................................................... 78
1. In this notice of proposed the North American Energy Standards not proposing in this NOPR to
rulemaking (NOPR), the Federal Energy Board (NAESB) and filed with the incorporate by reference.
Regulatory Commission (Commission) Commission on October 26, 2015 2. These revised NAESB standards
proposes to amend its regulations under (October 26 Filing). We also propose to update earlier versions of these
the Federal Power Act 1 to incorporate list informationally, as guidance,
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standards that the Commission
by reference the latest version of certain NAESB’s updated Smart Grid Business previously incorporated by reference
Standards for Business Practices and Practice Standards in Standard WEQ– into its regulations at 18 CFR 38.1 in
Communication Protocols for Public 019. In addition, as explained further
Utilities (Version 003.1) adopted by the below, there are several NAESB
Wholesale Electric Quadrant (WEQ) of standards included in the WEQ Version
003.1 package of standards that we are
1 16 U.S.C. 791a, et seq.
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![49584 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Proposed Rules
in Order No. 890 for transmission of preemption.31 NAESB therefore 6. Modifications To Allow a
providers to post a narrative in includes in the Version 003.1 standards Transmission Provider To Extend the
instances when ATC remains modifications to the SAMTS-related Time To Perform Its Biennial
unchanged at a value of zero for six standards to permit a customer with Reassessment
months or longer. In addition, Standard preempted transmission capacity from a 32. In Order No. 676–E, the
WEQ–001–15 requires transmission reservation associated with a Commission stated ‘‘we reiterate here
providers to post a brief narrative that coordinated group to alter (reduce or the Commission’s finding in Order No.
explains the reason for a change in terminate) the capacity of coordinate 890 that a transmission provider is
monthly or yearly ATC values on a requests in the coordinated group. permitted to extend the timeframe to
constrained path when a monthly or reassess the availability of conditional
yearly ATC value changes as a result of 29. The Commission finds that
NAESB’s revised standards are firm service. Since the Version 002.1
a 10 percent change in total transfer Standards do not specifically address
capability. In Order No. 676–H, the consistent with our findings in Order
this issue, we would ask the industry,
Commission declined to incorporate by No. 676–H and do not appear working through NAESB, to continue to
reference Standards WEQ–001–14.1.3 inconsistent with any Commission look at additional business practice
and WEQ–011–15.1.2 after determining directives or findings in other orders. standards facilitating a transmission
that these standards did not meet the Accordingly, we propose to incorporate provider’s extension of its right to
Commission’s requirement to post the by reference, into the Commission’s perform a reassessment.’’ 33 In response
ATC narrative as soon as feasible.26 The regulations at 18 CFR 38.1, NAESB’s to this request, NAESB, in its Version
Commission requested that NAESB revised standards on SAMTS-Related 003.1 Standards, adopted modifications
‘‘revise these standards to provide for a standards as set forth in the WEQ to five standards in the WEQ–001
one-day posting requirement.’’ 27 In Version 003.1 Business Practice OASIS Business Practice Standards and
response, NAESB modified Standards Standards. one standard in the WEQ–013 OASIS
WEQ–001–14.1.3 and WEQ–011–15.1.2 Implementation Guide Business Practice
and adopted business practice standards 5. Clarification of Discretion of Standards that explicitly allow a
to support the one-day posting Transmission Providers To Deny transmission provider to extend the
requirement. Service Requests Under Standard WEQ– deadline by which it must perform its
27. NAESB’s revised standards appear 001–106.2.5 biennial reassessment of the availability
consistent with our findings in Order on its system of conditional firm
No. 676–H and do not appear 30. In Order No. 676–H, the
service.
inconsistent with any Commission Commission declined to incorporate by 33. NAESB’s revised standards appear
directives or findings in other orders. reference Standard WEQ–001–106.2.5, consistent with our findings in Order
Moreover, as we explained above,28 explaining that the standard was No. 676–E and do not appear
below,29 and in previous orders, the ‘‘unclear in its application and could be inconsistent with any Commission
NAESB standards are developed in an read to allow Transmission Providers directives or findings in other orders.
open consensus process that assures discretion to deny requests to terminate Accordingly, we propose to incorporate
that the standards draw support from a service in situations where this might by reference, into the Commission’s
wide range of industry members before not be warranted.’’ 32 In response, regulations at 18 CFR 38.1, NAESB’s
being developed and adopted. NAESB modified Standard WEQ–001– revisions to five standards to extend the
Accordingly, we propose to incorporate 106.2.1, added Standard WEQ–001– deadline by which a transmission
by reference, into the Commission’s provider must perform its biennial
106.2.1.1, and deleted Standard WEQ–
regulations at 18 CFR 38.1, NAESB’s reassessment of the availability on its
001–106.2.5. Together, these revised
revised standards on the timing of the system of conditional firm service, as set
required posting of ATC narratives, as standards clarify that a transmission
customer should submit an accurate forth in the WEQ Version 003.1
set forth in NAESB’s WEQ Version
termination request and, if the Business Practice Standards.
003.1 Business Practice Standards.
transmission customer fails to do so, the 7. Industry-Wide Mechanism for
4. SAMTS Point-to-Point Treatment transmission provider may deny the Consistent Posting of AFC-Related Data
28. The NAESB SAMTS business request.
34. In Order No. 890–A, the
practice standards that the Commission 31. NAESB’s revised standards appear Commission explained that ‘‘[t]o the
incorporated by reference in Order No. consistent with our findings in Order extent MidAmerican or its customers
676–H were developed in response to a No. 676–H and do not appear find it beneficial also to post AFC,
Commission finding in Order No. 890
inconsistent with any Commission MidAmerican is free to post both ATC
requesting that NAESB develop
directives or findings in other orders. and AFC values.’’ 34 In the WEQ Version
business practice standards in this
Accordingly, we propose to incorporate 003.1 Business Practice Standards,
area.30 In Order No. 676–H, the
by reference, into the Commission’s NAESB includes revisions to provide an
Commission found reasonable a NAESB
request to treat a conditional point-to- regulations at 18 CFR 38.1, NAESB’s industry-wide mechanism for posting of
point reservation included in a revised Standards WEQ–WEQ–001– AFC-related data. NAESB adds three
coordinated group displaced through 106.2.21, WEQ–001–106.2.1.1, and new data elements to the list of valid
preemption as comparable to a WEQ–001–106.2.5, as set forth in the data element values for SYSTEM_
reservation being superseded as a result WEQ Version 003.1 Business Practice ATTRIBUTE and SYSTEM_ELEMENT_
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Standards. TYPE in WEQ–003 OASIS Data
26 Order No. 676–E, FERC Stats. & Regs. ¶ 31,299 Dictionary and to the system data
at P 39. OASIS template in WEQ–013 OASIS
27 Id. P 29.
28 See supra P 8. 33 Order No. 676–E, FERC Stats. & Regs. ¶ 31,299
31 Order No. 676–H, FERC Stats. & Regs. ¶ 31,359
29 See infra P 57. at P 72.
30 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at at P 65. 34 Order No. 890–A, FERC Stats. & Regs. ¶ 31,261
P 1377. 32 Id. P 58. at P 51.
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![Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Proposed Rules 49589
Action: Proposed collection. significant adverse effect on the human Accordingly, no initial regulatory
OMB Control Nos.: TBD (FERC–516E); environment.62 The Commission has flexibility analysis is required.
1902–0173 (FERC–717). categorically excluded certain actions
Respondents: Business or other for VIII. Comment Procedures
from these requirements as not having a
profit (Public Utilities—Generally not significant effect on the human 74. The Commission invites interested
applicable to small businesses).61 environment.63 The actions proposed persons to submit comments on the
Frequency of Responses: One-time here fall within categorical exclusions matters and issues proposed in this
implementation (business procedures, in the Commission’s regulations for notice to be adopted, including any
capital/start-up). rules that are clarifying, corrective, or related matters or alternative proposals
65. Necessity of the Information: This procedural, for information gathering, that commenters may wish to discuss.
proposed rule, if implemented would analysis, and dissemination, and for Comments are due September 26, 2016.
upgrade the Commission’s current sales, exchange, and transportation of Comments must refer to Docket No.
business practice and communication electric power that requires no RM05–5–025 and must include the
standards and protocols modifications construction of facilities.64 Therefore, commenter’s name, the organization
to support compliance with an environmental assessment is they represent, if applicable, and their
requirements established by the unnecessary and has not been prepared address in their comments.
Commission in Order Nos. 890, 890–A, in this NOPR. 75. The Commission encourages
890–B, and 890–C, as well as comments to be filed electronically via
modifications to the OASIS-related VII. Regulatory Flexibility Act the eFiling link on the Commission’s
standards to support Order Nos. 676, Certification Web site at http://www.ferc.gov. The
676–A, 676–E, and 717. 70. The Regulatory Flexibility Act of Commission accepts most standard
66. Internal Review: The Commission 1980 (RFA) 65 generally requires a word processing formats. Documents
has reviewed the revised business description and analysis of proposed created electronically using word
practice standards and has made a rules that will have significant processing software should be filed in
preliminary determination that the economic impact on a substantial native applications or print-to-PDF
proposed revisions that we propose here number of small entities. The RFA does format and not in a scanned format.
to incorporate by reference are both not mandate any particular outcome in Commenters filing electronically do not
necessary and useful. In addition, the a rulemaking. It only requires need to make a paper filing.
Commission has assured itself, by consideration of alternatives that are 76. Commenters that are not able to
means of its internal review, that there less burdensome to small entities and an file comments electronically must send
is specific, objective support for the agency explanation of why alternatives an original of their comments to:
burden estimate associated with the were rejected. Federal Energy Regulatory Commission,
information requirements. 71. The Small Business Secretary of the Commission, 888 First
67. Interested persons may obtain Administration (SBA) revised its size Street NE., Washington, DC 20426.
information on the reporting standards (effective January 22, 2014) 77. All comments will be placed in
requirements by contacting the Federal for electric utilities from a standard the Commission’s public files and may
Energy Regulatory Commission, Office based on megawatt hours to a standard be viewed, printed, or downloaded
of the Executive Director, 888 First based on the number of employees, remotely as described in the Document
Street NE., Washington, DC 20426 [Attn: including affiliates. Under SBA’s Availability section below. Commenters
Ellen Brown, email: DataClearance@ standards, some transmission owners on this proposal are not required to
ferc.gov, phone: (202) 502–8663, fax: will fall under the following category serve copies of their comments on other
(202) 273–0873]. and associated size threshold: Electric commenters.
68. Comments concerning the bulk power transmission and control, at
information collections proposed in this 500 employees.66 IX. Document Availability
NOPR and the associated burden 72. The Commission estimates that 5 78. In addition to publishing the full
estimates should be sent to the of the 132 respondents are small. The text of this document in the Federal
Commission at this docket and by email Commission estimates that the impact Register, the Commission provides all
to the Office of Management and on these entities is consistent with the interested persons an opportunity to
Budget, Office of Information and paperwork burden of $2,682 per entity view and/or print the contents of this
Regulatory Affairs [Attention: Desk used above.67 The Commission does not document via the Internet through the
Officer for the Federal Energy consider $2,682 to be a significant Commission’s Home Page (http://
Regulatory Commission]. For security economic impact. www.ferc.gov) and in the Commission’s
reasons, comments should be sent by 73. Based on the above, the Public Reference Room during normal
email to OMB at the following email Commission certifies that business hours (8:30 a.m. to 5:00 p.m.
address: oira_submission@omb.eop.gov. implementation of the proposed Eastern time) at 888 First Street NE.,
Please reference the docket number of Business Practice Standards will not Room 2A, Washington, DC 20426.
this Notice of Proposed Rulemaking have a significant impact on a 79. From the Commission’s Home
(Docket No. RM05–5–25) and OMB substantial number of small entities. Page on the Internet, this information is
Control Nos. TBD (FERC–516E) and available on eLibrary. The full text of
62 Regulations Implementing the National
1902–0173 (FERC–717) in your this document is available on eLibrary
Environmental Policy Act of 1969, Order No. 486,
submission. 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
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Regulations Preambles 1986–1990 ¶ 30,783 (1987).
VI. Environmental Analysis 63 18 CFR 380.4. To access this document in eLibrary,
69. The Commission is required to 64 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
type the docket number excluding the
prepare an Environmental Assessment 380.4(a)(27). last three digits of this document in the
65 5 U.S.C. 601–612.
or an Environmental Impact Statement 66 13 CFR 121.201, Sector 22 (Utilities), NAICS
docket number field.
for any action that may have a code 221121 (Electric Bulk Power Transmission and 80. User assistance is available for
Control). eLibrary and the Commission’s Web site
61 See infra PP 72–73. 67 36 hours at $74.50/hour = $2,682. during normal business hours from the
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![49590 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Proposed Rules
Commission’s Online Support at (202) (1) WEQ–000, Abbreviations, DEPARTMENT OF ENERGY
502–6652 (toll free at 1–866–208–3676) Acronyms, and Definition of Terms
or email at ferconlinesupport@ferc.gov, (Version 003.1, Sep., 30, 2015); Federal Energy Regulatory
or the Public Reference Room at (202) Commission
(2) WEQ–001, Open Access Same-
502–8371, TTY (202) 502–8659. Email Time Information System (OASIS),
the Public Reference Room at 18 CFR Part 35
OASIS Version 2.1 (WEQ Version 003.1,
public.referenceroom@ferc.gov. [Docket No. RM15–23–000]
Sep. 30, 2015) with the exception of
List of Subjects Standards 001–9.5, 001–10.5, 001–
Collection of Connected Entity Data
18 CFR Part 2 14.1.3, 001–15.1.2 and 001–106.2.5);
From Regional Transmission
(3) WEQ–002, Open Access Same- Organizations and Independent
Electric utilities, Guidance and policy Time Information System (OASIS)
statements. System Operators; Withdrawal
Business Practice Standards and
18 CFR Part 38 Communication Protocols (S&CP), AGENCY: Federal Energy Regulatory
OASIS Version 2.1 (WEQ Version 003.1, Commission, Department of Energy.
Conflict of interests, Electric power ACTION: Withdrawal of notice of
plants, Electric utilities, Incorporation Sep. 30, 2015);
proposed rulemaking and termination of
by reference, Reporting and (4) WEQ–003, Open Access Same- rulemaking proceeding.
recordkeeping requirements. Time Information System (OASIS) Data
By direction of the Commission. Dictionary Business Practice Standards, SUMMARY: The Federal Energy
Dated: July 21, 2016. OASIS Version 2.1 (WEQ Version 003.1, Regulatory Commission (Commission) is
Sep. 30, 2015); withdrawing its proposal to amend its
Nathaniel J. Davis, Sr.,
(5) WEQ–004, Coordinate Interchange regulations to require each regional
Deputy Secretary. transmission organization and
In consideration of the foregoing, the (WEQ Version 003.1, Sep. 30, 2015);
independent system operator to
Commission proposes to amend parts 2 (6) WEQ–005, Area Control Error electronically deliver to the
and 38, chapter I, title 18, Code of (ACE) Equation Special Cases (WEQ Commission, on an ongoing basis, data
Federal Regulations, as follows: Version 003.1, Sep. 30, 2015); required from its market participants
(7) WEQ–006, Manual Time Error that would: Identify the market
PART 2—GENERAL POLICY AND participants by means of a common
INTERPRETATIONS Correction (WEQ Version 003, Sep. 30,
2015); alpha-numeric identifier; list their
‘‘Connected Entities;’’ and describe in
■ 1. The authority citation for part 2 (8) WEQ–007, Inadvertent Interchange brief the nature of the relationship of
continues to read as follows: Payback (WEQ Version 003.1, Sep. 30, each Connected Entity. The Commission
Authority: 5 U.S.C. 601; 15 U.S.C. 717– 2015); is also concurrently issuing a Notice of
717z, 3301–3432, 16 U.S.C. 792–828c, 2601– (9) WEQ–008, Transmission Loading Proposed Rulemaking in Docket No.
2645; 42 U.S.C. 4321–4370h, 7101–7352. Relief (TLR)—Eastern Interconnection RM16–17–000, which supersedes this
■ 2. Amend § 2.27 by revising paragraph (WEQ Version 003.1, Sep. 30, 2015); proposal.
(d) to read as follows: (10) WEQ–011, Gas/Electric DATES: The notice of proposed
§ 2.27 Availability of North American Coordination (WEQ Version 003.1, Sep. rulemaking published on September 29,
Energy Standards Board (NAESB) Smart 30, 2015); 2015, at 80 FR 58382, is withdrawn as
Grid Standards as non-mandatory
(11) WEQ–012, Public Key of July 28, 2016.
guidance. FOR FURTHER INFORMATION CONTACT:
Infrastructure (PKI) (WEQ Version
* * * * * 003.1, Sep. 30, 2015); Jamie Marcos, Office of Enforcement,
(d) WEQ–019, Customer Energy Usage Federal Energy Regulatory Commission,
Information Communication (WEQ (12) WEQ–013, Open Access Same- 888 First Street NE., Washington, DC
Version 003.1, Sep. 30, 2015); and Time Information System (OASIS) 20426, (202) 502–6628, Jamie.marcos@
Implementation Guide, OASIS Version ferc.gov.
* * * * *
2.1 (WEQ Version 003.1, Sep. 30, 2015);
SUPPLEMENTARY INFORMATION:
PART 38—STANDARDS FOR PUBLIC (13) WEQ–015, Measurement and 1. On September 17, 2015, the
UTILITY BUSINESS OPERATIONS AND Verification of Wholesale Electricity Commission issued a Notice of
COMMUNICATIONS Demand Response (WEQ Version 003.1, Proposed Rulemaking (NOPR) in this
Sep. 30, 2015); proceeding.1 For the reasons set forth
■ 3. The authority citation for part 38
continues to read as follows: (14) WEQ–021, Measurement and below, we are exercising our discretion
Verification of Energy Efficiency to withdraw the NOPR and terminate
Authority: 16 U.S.C. 791–825r, 2601–2645; this rulemaking proceeding. The NOPR
31 U.S.C. 9701; 42 U.S.C. 7101–7352. Products (WEQ Version 003.1, Sep. 30,
2015). is superseded by the new proposal
■ 4. Amend § 38.1, by revising reflected in the concurrently issued
(15) WEQ–022, Electric Industry NOPR on Data Collection for Analytics
paragraph (b) to read as follows:
Registry Business Practice Standards and Surveillance and Market-Based Rate
§ 38.1 Incorporation by reference of North (WEQ Version 003.1, Sep. 30, 2015); and
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Purposes (Data Collection NOPR).2
American Energy Standards Board
(16) WEQ–023, Modeling Business
Wholesale Electric Quadrant standards. 1 Collection of Connected Entity Data from
Practice Standards (WEQ Version 003.1,
* * * * * Sep. 30, 2015). Regional Transmission Organizations and
(b) The business practice and Independent System Operators, FERC Stats. & Regs.
[FR Doc. 2016–17841 Filed 7–27–16; 8:45 am] ¶ 32,711 (2015).
electronic communication standards the 2 Data Collection for Analytics and Surveillance
BILLING CODE 6717–01–P
Commission incorporates by reference and Market-Based Rate Purposes, 156 FERC
are as follows: ¶ 61,045 (2016).
VerDate Sep<11>2014 14:42 Jul 27, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\28JYP1.SGM 28JYP1](https://thefederalregister.org/doc/81_FR_49725/page/11.svg)
Document Created: 2016-07-28 01:47:52
Document Modified: 2016-07-28 01:47:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments are due September 26, 2016. | |
| Contact | Michael P. Lee (technical issues), Office of Energy Policy and Innovation, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6548. | |
| FR Citation | 81 FR 49580 | |
| CFR Citation | 18
CFR
2 18 CFR 38 | |
| CFR Associated | Electric Utilities; Guidance and Policy Statements; Conflict of Interests; Electric Power Plants; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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