82 FR 46940 - Grid Resiliency Pricing Rule
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 82, Issue 194 (October 10, 2017)
Federal Energy Regulatory Commission
Federal Register Volume 82, Issue 194 (October 10, 2017)
| Page Range | 46940-46948 | |
| FR Document | 2017-21396 |
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)] [Proposed Rules] [Pages 46940-46948] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21396] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 35 [Docket No. RM18-1-000] Grid Resiliency Pricing Rule AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Department of Energy Organization Act (DOE Act), the Secretary of Energy (Secretary) is proposing a rule for final action by the Federal Energy Regulatory Commission (Commission or FERC). The Secretary is proposing the Commission exercise its authority under the Federal Power Act (FPA) to establish just and reasonable rates for wholesale electricity sales. Under the proposal, the Commission will impose rules on Commission-approved independent system operators [[Page 46941]] (ISOs) and regional transmission organizations (RTOs) to ensure that certain reliability and resilience attributes of electric generation resources are fully valued. The Secretary is directing the Commission to take final action on this proposal within 60 days of publication of this proposed rule in the Federal Register or, in the alternative, to issue the rule as an interim final rule immediately, with provision for later modifications after consideration of public comments. The Secretary further directs that any final rule adopting this proposal take effect within 30 days of publication of such final rule in the Federal Register and proposes that each ISO and RTO subject to the rule shall submit a compliance filing within 15 days of the effective date of such final rule. DATES: The Commission is directed either to take final action by December 11, 2017 or to issue the proposed rule as an interim final rule. Public comment is due either November 24, 2017 or according to a schedule to be published by the Commission. ADDRESSES: Comments, identified by docket number, may be filed in the following ways:Email: 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: Ronald (R.J.) Colwell, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity and Fossil Energy (GC-76), Forrestal Building, Room 6D-033, 1000 Independence Avenue SW., Washington, DC 20585; (202) 586-9507; email [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Statutory Background II. Discussion of Proposed Rule A. Affordable, Reliable and Resilient Electricity Is Vital to the Economic and National Security of the United States and Its People B. There Have Been Significant Retirements of Fuel-Secure Generation C. The 2014 Polar Vortex Exposed Problems With the Resiliency of the Electric Grid D. Regulated Wholesale Power Markets Are Not Adequately Pricing Resiliency Attributes of Fuel-Secure Power E. The Preservation of Generation Diversity Will Benefit Consumers F. NERC Warns That Premature Retirements of Fuel-Secure Generation Threaten the Reliability and Resiliency of the Bulk Power System G. The DOE Staff Report Made Clear the Challenges to the Grid and That Resiliency Must Be Addressed H. Congress Is Concerned About the Potential Loss of Valuable Generation Resources I. The FERC Is Cognizant of the Problem and Has the Necessary Information on Which To Act Expeditiously III. Proposal IV. Procedures for Completion of Final Action A. Deadlines B. Comment Procedures C. Compliance Filings V. Statutory and Regulatory Review VI. Information Collection Statement VII. Environmental Analysis VIII. Regulatory Flexibility Act IX. Executive Order 12866 X. Document Availability XI. Approval of the Office of the Secretary I. Statutory Background Section 403 of the DOE Act authorizes the Secretary of Energy to propose rules for Commission action regarding certain Commission functions, including its electricity rate-related functions under sections 205 and 206 of the Federal Power Act, and to set reasonable time limits for Commission completion of the proposed action. Section 403(a) provides for the initiation of rulemaking proceedings by either the Secretary or the Commission. In the exercise of this authority, the Commission proposes rules by publishing Notices of Proposed Rulemaking (NOPR) in the Federal Register. The Secretary has likewise exercised his section 403 authority by publishing NOPRs in the Federal Register. This authority was first exercised by the Secretary in 1979 by publication of a NOPR (``Transportation Certificates for Natural Gas,'' 44 FR 17644, March 22, 1979). The Secretary has subsequently acted under section 403 on several occasions by publication of a NOPR in the Federal Register. By proposing a rule in this manner, the Secretary enables the Commission to proceed directly to the consideration of, and final action on, the proposal and eliminates the need for the Commission to order or publish its own separate rulemaking proposal. Independent of the Secretary's action under section 403(a), FERC has full authority to establish the rule set forth in this proposed rule. Specifically, FERC has authority to establish just and reasonable rates, terms, and conditions for wholesale electricity sales under sections 205 and 206 of the Federal Power Act, and FERC has discretion to do so by means of a rulemaking pursuant to section 403(c), which authorizes FERC to use rulemaking procedures to conduct its Federal Power Act functions relating to rates and charges. Transmission Access Policy Study Group v. F.E.R.C., 225 F.3d 667, 688 (D.C. Cir. 2000), aff'd 535 U.S. 1 (2002). FERC has on numerous occasions imposed market rules on ISOs and RTOs. See 18 CFR part 35. Furthermore, section 403(b) requires that FERC ``shall consider and take final action on any proposal made by the Secretary [under subsection (a)] in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal.'' The Secretary is therefore authorized to direct the Commission to consider and take final action within the reasonable time limits the Secretary establishes in this proposed rule. Given the extensive record the Commission has already developed on the subject matter of this proposed rule, the time limit for final action provided herein allows adequate time for the Commission to receive and consider public comments. II. Discussion of the Proposed Rule The resiliency of the nation's electric grid is threatened by the premature retirements of power plants that can withstand major fuel supply disruptions caused by natural or man-made disasters and, in those critical times, continue to provide electric energy, capacity, and essential grid reliability services. These fuel-secure resources are indispensable for the reliability and resiliency of our electric grid--and therefore indispensable for our economic and national security. It is time for the Commission to issue rules to protect the American people from energy outages expected to result from the loss of this fuel-secure generation capacity. A. Affordable, Reliable and Resilient Electricity Is Vital to the Economic and National Security of the United States and Its People Ensuring that American families and businesses have access to reliable, resilient and affordable electricity is vital to the economy, national security, and quality of life. From heating homes in the winter to cooling them in the summer, providing lighted streets so [[Page 46942]] people can walk safely at night, powering machines and technology that create jobs, and connecting us through smart phones and the internet-- electricity is a key driver of America's economic prosperity and the basic necessities of life. The American economy, government and national defense all depend on electricity. Therefore, ensuring a reliable and resilient electric supply and corresponding supply chain are also vital to national security. The sheer size and impact of the electricity market on our economy cannot be overstated. According to the Department of Energy's January 2017 Quadrennial Energy Review (January 2017 QER): In the United States, there are around 7,700 operating power plants that generate electricity from a variety of primary energy sources; 707,000 miles of high-voltage transmission lines; more than 1 million rooftop solar installations; 55,800 substations; 6.5 million miles of local distribution lines; and 3,354 distribution utilities delivering electricity to 148.6 million customers. The total amount of money paid by end users for electricity in 2015 was about $400 billion. This drives an $18.6 trillion U.S. gross domestic product and significantly influences global economic activity totaling roughly $80 trillion.\1\ --------------------------------------------------------------------------- \1\ Transforming the Nation's Electricity System: The Second Installment of the Quadrennial Energy Review, January 6, 2017 (January 2017 QER). --------------------------------------------------------------------------- B. There Have Been Significant Retirements of Fuel-Secure Generation Market changes are resulting in a significant loss of fuel-secure generation. According to the January 2017 QER: Currently, the changing electricity sector is causing the closure of many coal and nuclear plants in a shift from recent trends. From 2000 through 2009, power plant retirements were dominated by natural gas steam turbines. Over the past 6 years (2010-2015), power plant retirements were dominated by coal plants (37 GW), which accounted for over 52 percent of recently retired power plant capacity. Over the next 5 years (between 2016 and 2020), 34.4 GW of summer capacity is planned to be retired, and 79 percent of this planned retirement capacity are coal and natural gas plants (49 percent and 30 percent, respectively). The next largest set of planned retirements are nuclear plants (15 percent).\2\ --------------------------------------------------------------------------- \2\ January 2017 QER at 3-73. --------------------------------------------------------------------------- The ``Staff Report to the Secretary on Electricity Markets and Reliability'' (``DOE Staff Report'') \3\ also discusses the large number of fuel-secure plants that have retired or are scheduled to retire: --------------------------------------------------------------------------- \3\ U.S. Department of Energy, Staff Report to the Secretary on Electricity Markets and Reliability, August 2017 (DOE Staff Report). --------------------------------------------------------------------------- Between 2002 and 2016, 531 coal generating units representing approximately 59,000 MW of generation capacity retired from the U.S. generation fleet.\4\ --------------------------------------------------------------------------- \4\ DOE Staff Report at 22. --------------------------------------------------------------------------- EIA reported that coal-fired power plants made up more than 80 percent of the 18,000 MW of electric generating capacity that retired in 2015.\5\ --------------------------------------------------------------------------- \5\ DOE Staff Report at 22, citing U.S. Energy Information Administration, Today in Energy, March 8, 2016. More recent EIA data shows an overall larger amount of 2015 generation capacity retirements (25,400 MW), of which coal-fired power plants made up 72%. EIA Monthly Update to the Annual Electric Generator Report, Form EIA-860m, March 2017. --------------------------------------------------------------------------- It is anticipated that approximately 12,700 MW of coal generation will retire through 2020.\6\ --------------------------------------------------------------------------- \6\ U.S. Energy Information Administration (EIA), Monthly Update to the Annual Electric Generator Report, Form EIA-860m, June 2017, https://www.eia.gov/electricity/data/eia860m/. --------------------------------------------------------------------------- Between 2002 and 2016, 4,666 MW of nuclear generating capacity was announced for retirement, or approximately 4.7 percent of the U.S. total.\7\ --------------------------------------------------------------------------- \7\ DOE Staff Report at 29. --------------------------------------------------------------------------- Eight reactors representing 7,167 MW of nuclear capacity (7.2 percent of U.S. nuclear capacity and 0.6 percent of total U.S. generating capacity) have announced retirement plans since 2016. This does not include seven reactors that averted early retirement through state action.\8\ --------------------------------------------------------------------------- \8\ DOE Staff Report at 30. --------------------------------------------------------------------------- C. The 2014 Polar Vortex Exposed Problems With the Resiliency of the Electric Grid In early 2014, the Polar Vortex (a band of very cold weather spread across much of the eastern and central United States) created record- high winter peak electric demand for heating and equally high demand for natural gas for residential heating. During the Polar Vortex, PJM Interconnection (PJM) \9\ struggled to meet demand for electricity because a significant amount of generation was not available to run. According to the DOE Staff Report, the loss of generation capacity could have been catastrophic, but a number of fuel-secure plants that were scheduled for retirement were called upon to meet the need for electricity: American Electric Power reported that it deployed 89 percent of its coal units scheduled for retirement in 2014 to meet demand during the Polar Vortex, and Southern Company reported using 75 percent of its coal units scheduled for closure. Using these retiring units enabled utilities to meet customer demand during a period when already limited natural gas resources were diverted from electricity production to meet residential heating needs. Once retired, however, these units will not be available for the next unseasonably cold winter.\10\ --------------------------------------------------------------------------- \9\ PJM Interconnection is the regional transmission organization (``RTO'') serving thirteen states and the District of Columbia. \10\ DOE Staff Report, at 98 (internal citations omitted). --------------------------------------------------------------------------- Likewise, the DOE Staff Report notes that, overall, nuclear generators performed extremely well during the Polar Vortex, with an average capacity factor of 95 percent.\11\ --------------------------------------------------------------------------- \11\ DOE Staff Report, at 95 (internal citations omitted). --------------------------------------------------------------------------- Sixty-five million people within the PJM footprint could have been affected if these units were not available. The 2014 Polar Vortex was a warning that the current and scheduled retirements of fuel-secure plants could threaten the reliability and resiliency of the electric grid.\12\ --------------------------------------------------------------------------- \12\ DOE Staff Report, at 98-99, 118. --------------------------------------------------------------------------- D. Regulated Wholesale Power Markets Are Not Adequately Pricing Resiliency Attributes of Fuel-Secure Power There is a growing recognition that organized markets do not necessarily pay generators for all the attributes that they provide to the grid, including resiliency. Because wholesale pricing in those markets does not adequately consider or accurately value those benefits, fuel-secure generation resources are often not compensated for those benefits. The January 2017 QER summarizes the problem of how regulated wholesale markets are not adequately pricing resiliency attributes of fuel-secure generation: Reliability investments are typically incorporated into ratemaking processes for all electric utilities. Supplementary investments for recovery from outage events also are handled through established ratemaking processes. Resilience requirements tend to be valued as contributions to reliability and incorporated as part of ratemaking processes. These processes are more easily executed in structures that are traditional end-to-end, vertically integrated electricity delivery services; other market structures complicate reliability and resilience investment decision- making. Short-run markets may not provide adequate price signals to ensure long-term investments [[Page 46943]] in appropriately configured capacity. Also, resource valuations tend not to incorporate superordinate network and/or social values such as enhancing resilience into resource or . . . investment decision making. The increased importance of system resilience to overall grid reliability may require adjustments to market mechanisms that enable better valuation.\13\ --------------------------------------------------------------------------- \13\ January 2017 QER, at 4-41 (emphasis added). --------------------------------------------------------------------------- A recent study by IHS Markit amplifies the same point: ``the increasing cost of ensuring power system resilience is exposing the problem that some current wholesale market price formation rules do not fully compensate generating resources for providing the desired power system supply resiliency.'' \14\ --------------------------------------------------------------------------- \14\ IHS Markit, ``Ensuring Resilient and Efficient Electricity Generation: The Value of the current diverse US power supply portfolio'' at 8. --------------------------------------------------------------------------- E. The Preservation of Generation Diversity Will Benefit Consumers The IHS Markit study also concludes that preservation of generation diversity provided by fuel-secure resources benefits consumers: ``The current diversified US electric supply portfolio lowers the cost of electricity production by about $114 billion per year and lowers the average retail price of electricity by 27%'' compared with a ``less efficient diversity case'' involving ``no meaningful contributions from coal or nuclear resources.'' \15\ --------------------------------------------------------------------------- \15\ Id. at 4-5. --------------------------------------------------------------------------- F. NERC Warns That Premature Retirements of Fuel-Secure Generation Threaten the Reliability and Resiliency of the Bulk Power System The North American Electric Reliability Corporation (NERC) (the FERC-designated Electric Reliability Organization), whose mission is to assure the reliability and security of the bulk power system in North America, states: The North American electric power system is undergoing a rapid and significant transformation with ongoing retirements of fossil-fired and nuclear capacity, as well as growth in natural gas, wind, and solar resources. This shift is caused by several drivers, such as federal, state, and provincial policies, low natural gas prices, electricity market forces, and integration of both distributed and utility-scale renewable resources. The changing resource mix is altering the operating characteristics of the bulk power system (BPS). These changing characteristics must be well understood and properly managed in order to assure continued reliability and ensure resiliency.\16\ --------------------------------------------------------------------------- \16\ NERC Letter to Secretary of Energy Rick Perry, May 9, 2017, Attachment ``Synopsis of NERC Reliability Assessments'' (Synopsis) at 1. --------------------------------------------------------------------------- Specifically, according to NERC, ``Coal-fired and nuclear generation have the added benefits of high availability rate, low forced outages, and secured on-site fuel. Many months of on-site fuel allow these units to be operated in a manner independent of supply chain disruptions.'' \17\ --------------------------------------------------------------------------- \17\ NERC, Synopsis at 2. --------------------------------------------------------------------------- As a consequence, NERC warns, ``Premature retirements of fuel secure baseload generating stations reduces resilience to fuel supply disruptions.'' \18\ --------------------------------------------------------------------------- \18\ NERC, Synopsis at 3. --------------------------------------------------------------------------- G. The DOE Staff Report Made Clear the Challenges to the Grid and That Resiliency Must Be Addressed The DOE Staff Report confirms these observations and exposes the potential challenges and threats to the reliability and resiliency of the electric grid, as well as the economic hardship faced by some of the most resilient types of generation. Among other things, the DOE Staff Report warns that premature retirements of fuel-secure resources impose serious risks: Ultimately, the continued closure of traditional baseload power plants calls for a comprehensive strategy for long-term reliability and resilience. States and regions are accepting increased risks that could affect the future reliability and resilience of electricity delivery for consumers in their regions. Hydropower, nuclear, coal, and natural gas power plants provide ERS [(``essential reliability services'')] and fuel assurance critical to system resilience. A continual comprehensive regional and national review is needed to determine how a portfolio of domestic energy resources can be developed to ensure grid reliability and resilience.\19\ --------------------------------------------------------------------------- \19\ ``Staff Report to the Secretary on Electricity Markets and Reliability,'' U.S. Department of Energy, August 2017 at 14 (emphasis added). --------------------------------------------------------------------------- The DOE Staff Report also recognizes that ``system fuel supply chain disruptions can impact many generators during a single widespread fuel shortage event,'' and that ``[n]uclear and coal plants typically have advantages associated with onsite fuel storage[.]'' \20\ In light of these facts, the DOE Staff Report calls for prompt action: Markets need further study and reform to address future services essential to grid reliability and resilience. System operators are working toward recognizing, defining, and compensating for resource attributes that enhance reliability and resilience (on both the supply and demand side). However, further efforts should reflect the urgent need for clear definitions of reliability- and resilience-enhancing attributes and should quickly establish the market means to value or the regulatory means to provide them.\21\ --------------------------------------------------------------------------- \20\ DOE Staff Report, at 91. For example, ``coal plants . . . maintain onsite coal stockpiles to accommodate both normal variance in deliveries and the possibility of a major supply disruption. Coal stockpiles have recently been slightly smaller than historical averages, while days of burn have increased slightly relative to historic averages from the 70-80 range to the 85-100-day range.'' Id., at 95. \21\ Id., at 10 (emphasis added). --------------------------------------------------------------------------- The DOE Staff Report's first recommendation for protecting the resiliency of the electric grid is to correct distortions in price formation in the organized markets: FERC should expedite its efforts with states, RTO/ISOs, and other stakeholders to improve energy price formation in centrally-organized wholesale electricity markets. After several years of fact finding and technical conferences, the record now supports energy price formation reform, such as the proposals laid out by PJM and others.\22\ --------------------------------------------------------------------------- \22\ Id., at 126 (internal citations omitted). --------------------------------------------------------------------------- H. Congress Is Concerned About the Potential Loss of Valuable Generation Resources In July 2015, the chairmen of the Senate Committee on Energy and Natural Resources, the House Committee on Energy and Commerce, and the House Subcommittee on Energy and Power, sent correspondence to the Commission about challenges in the Commission-approved organized electricity markets.\23\ The chairmen expressed their concern that ``[v]aluable baseload power plants in these markets, including reliable nuclear and coal-[fired] plants, are facing premature retirement.'' \24\ --------------------------------------------------------------------------- \23\ Letter from Fred Upton, Lisa Murkowski, and Ed Whitfield, U.S. Congress, to Norman Bay, Chairman, FERC (July 8, 2015). \24\ Id. --------------------------------------------------------------------------- More specifically, the Chairmen's letter stated: ``There are growing indications that owners and operators of major baseload power plants are facing imminent decisions regarding their continued economic viability'' \25\ and ``broad scale premature retirements of otherwise performing baseload units because of market rules--rather than market forces--would represent failure of regulation.'' \26\ The letter made clear that electricity market prices for energy and capacity should reflect the ``true marginal cost of supply, promote [[Page 46944]] necessary investment, and produce meaningful price signals that clearly indicate where new supply and investment are needed.\27\ --------------------------------------------------------------------------- \25\ Id. \26\ Id. \27\ Id. --------------------------------------------------------------------------- I. The FERC Is Cognizant of the Problem and Has the Necessary Information on Which To Act Expeditiously Over the past several years, the Commission has developed an extensive record on price formation in the Commission-approved ISOs and RTOs. The Commission has recognized that there are deficiencies in the way the regulated wholesale power markets price power (i.e., energy, capacity, and ancillary services) and that these deficiencies are undermining reliability and resiliency. Beginning in June 2013, the Commission recognized the changing mix of generation resources, determined that existing capacity markets were not providing a sufficiently reliable supply of electricity, predicted the loss of fuel-secure generation, and sought input from the public through proceedings on price formation in the organized markets. In a 2013 technical conference, FERC explained: The purpose of the technical conference is to consider how current centralized capacity market rules and structures are supporting the procurement and retention of resources necessary to meet future reliability and operational needs. Since their establishment, centralized capacity markets have continued to evolve. Meanwhile, the mix of resources is also evolving in response to changing market conditions, including low natural gas prices, state and federal policies encouraging the entry of renewable resources and other specific technologies, and the retirement of aging generation resources. This changing resource mix may result in future reliability and operational needs that are different than those of the past.\28\ --------------------------------------------------------------------------- \28\ FERC, Centralized Capacity Markets in Regional Transmission Organizations and Independent System Operators, Docket No. AD13-7- 000, p. 1. --------------------------------------------------------------------------- In December 2014, PJM requested that the Commission issue an order approving PJM's revisions to its capacity market rules to require resources participating in the capacity market to honor contractual commitments to deliver electricity at any time of the year.\29\ The Commission determined that the existing capacity market was not providing a sufficiently reliable supply of electricity and, to remedy this urgent shortfall, accepted PJM's proposed market rule changes. FERC's order was recently upheld by the D.C. Circuit in Advanced Energy Management Alliance v. FERC, D.C. Cir. (June 30, 2017). --------------------------------------------------------------------------- \29\ 151 FERC ] 61,208, PJM Interconnection, L.L.C., Order on Proposed Tariff Revisions (2015); rehearing denied, PJM Interconnection, L.L.C., Order on Rehearing and Compliance, 155 FERC ] 61,157 (2016). --------------------------------------------------------------------------- A year after its initial 2013 proceeding, the Commission initiated a proceeding in June 2014, entitled ``Price Formation in Energy and Ancillary Services Markets in Regional Transmission Organizations and Independent System Operators'' (Price Formation Proceeding) to evaluate issues regarding price formation in the energy and ancillary services markets operated by RTOs and ISOs.\30\ In a December 2014 staff analysis for this proceeding, the FERC Staff observes that ``[a]ll RTOs and ISOs have identified a class of reliability and operational issues that are incorporated into the day-ahead and real-time market processes but which are not reflected in day-ahead and real-time energy and ancillary services prices.'' \31\ --------------------------------------------------------------------------- \30\ Price Formation in Energy and Ancillary Services Markets in Regional Transmission Organizations and Independent System Operators, Docket No. AD14-14-000, June 2014. \31\ Staff Analysis of Operator[hyphen]Initiated Commitments in RTO and ISO Markets, Price Formation in Organized Wholesale Electricity Markets, [Docket No. AD14-14-000], December 2014 at 5. --------------------------------------------------------------------------- The Price Formation Proceeding resulted in a number of additional proceedings and rulemakings, some of which are described below: In November 2016, under Order No. 825, Settlement Intervals and Shortage Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators, the Commission directed reforms to settlement intervals and shortage pricing to more accurately compensate resources based on the value they provide the system.\32\ --------------------------------------------------------------------------- \32\ 155 FERC ] 61,276; 18 CFR part 35 [Docket No. RM15-24-000, Order No. 825] Settlement Intervals and Shortage Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators (Issued June 16, 2016). --------------------------------------------------------------------------- In November 2016, pursuant to a NOPR entitled Essential Reliability Services and the Evolving Bulk-Power System--Primary Frequency Response, the Commission proposed a rule to require all newly interconnecting large and small generating facilities, both synchronous and non-synchronous, to install and enable primary frequency response capability as a condition of interconnection.\33\ --------------------------------------------------------------------------- \33\ 157 FERC ] 61,122, Essential Reliability Services and the Evolving Bulk-Power System--Primary Frequency Response, Notice of Proposed Rulemaking (November 17, 2016). --------------------------------------------------------------------------- In December 2016, under Order 831, Offer Caps in Markets Operated by Regional Transmission Organizations and Independent System Operators, the Commission raised existing caps on energy market offers and allowed those higher-price offers to set market clearing prices.\34\ --------------------------------------------------------------------------- \34\ 157 FERC ] 61,115, 18 CFR part 35 [Docket No. RM16-5-000; Order No. 831] Offer Caps in Markets Operated by Regional Transmission Organizations and Independent System Operators (November 17, 2016). --------------------------------------------------------------------------- In December 2016, pursuant to a NOPR entitled Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators, the Commission proposed revising its regulations to require RTOs and ISOs to incorporate market rules that properly price fast-start resources.\35\ As stated in the NOPR, the proposed Fast-Start Pricing ``should lead to prices that more transparently reflect the marginal cost of serving load, which will reduce uplift costs and thereby improve price signals to support efficient investments.'' \36\ --------------------------------------------------------------------------- \35\ 157 FERC ] 61,213, 18 CFR part 35 [Docket No. RM18-1-000] Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators (December 15, 2016). \36\ 157 FERC ] 61,213, 18 CFR part 35 [Docket No. RM18-1-000] Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators (December 15, 2016), at 1. --------------------------------------------------------------------------- In January 2017, the Commission issued a NOPR entitled Uplift Cost Allocation and Transparency in Markets Operated by Regional Transmission Organizations and Independent System Operators.\37\ Among other things, this proposed rule would require that ``each regional transmission organization (RTO) and independent system operator (ISO) that currently allocates the costs of real-time uplift due to deviations should allocate such real-time uplift costs only to those market participants whose transactions are reasonably expected to have caused the real-time uplift costs.'' \38\ This NOPR establishes that the goals of the price formation in the proceeding are to: --------------------------------------------------------------------------- \37\ 158 FERC ] 61,047 Federal Energy Regulatory Commission, 18 CFR part 35 [Docket No. RM17-2-000] Uplift Cost Allocation and Transparency in Markets Operated by Regional Transmission Organizations and Independent System Operators (January 19, 2017). \38\ Id. at 1. --------------------------------------------------------------------------- (1) Maximize market surplus for consumers and suppliers; (2) Provide correct incentives for market participants to follow commitment and dispatch instructions, make efficient investments in facilities and equipment, and maintain reliability; [[Page 46945]] (3) Provide transparency so that market participants understand how prices reflect the actual marginal cost of serving load and the operational constraints of reliably operating the system; and (4) Ensure that all suppliers have an opportunity to recover their costs.\39\ --------------------------------------------------------------------------- \39\ 158 FERC ] 61,047 Federal Energy Regulatory Commission, 18 CFR part 35 [Docket No. RM17-2-000] Uplift Cost Allocation and Transparency in Markets Operated by Regional Transmission Organizations and Independent System Operators (January 19, 2017) at 5, para 6. --------------------------------------------------------------------------- Through these proceedings, the Commission has developed an extensive record on price formation in the Commission approved ISOs and RTOs. Nevertheless, the fundamental challenge of maintaining a resilient electric grid has not been sufficiently addressed by the Commission or the ISOs and RTOs. The continued loss of fuel-secure generation must be stopped. These generation resources are necessary to maintain the resiliency of the electric grid. FERC must adopt rules requiring the Commission-approved ISOs and RTOs to reduce the chronic distortion of the markets that is threatening the resilience of the Nation's electricity system. III. Proposal In light of these threats to grid reliability and resilience, it is the Commission's immediate responsibility to take action to ensure that the reliability and resiliency attributes of generation with on-site fuel supplies are fully valued and in particular to exercise its authority to develop new market rules that will achieve this urgent objective. The recent Polar Vortex, as well as the devastation from Superstorm Sandy and Hurricanes Harvey, Irma, and Maria, reinforces the urgency that the Commission must act now. Moreover, the Commission should take action before the winter heating season begins so as to prevent the potential failure of the grid from the loss of fuel-secure generation-- as almost happened during the 2014 Polar Vortex. As outlined, the Commission has developed a vast record of comments, hearings, and technical conferences on price formation matters, but has not done enough to address the crisis at hand. Immediate action is necessary to ensure fair compensation in order to stop the imminent loss of generators with on-site fuel supplies, and thereby preserve the benefits of generation diversity and avoid the severe consequences that additional shut-downs would have on the electric grid. Over the past few years, the Commission has been considering various aspects of accurate price formation within Commission-approved organized markets in its ongoing price formation docket. Throughout these proceedings the Commission has declared that a key goal of price formation is to ``ensure that all suppliers have an opportunity to recover their costs.'' \40\ The Commission has conducted technical conferences, sought and received significant stakeholder and public input, and issued and approved several market rule changes to accomplish these goals. --------------------------------------------------------------------------- \40\ FERC's Price Formation in Energy and Ancillary Services Markets Operated by Regional Transmission Organizations and Independent System Operators; Docket No. AD14-14-000; Notice Inviting Post-Technical Workshop Comments (January 16, 2015), Post- Technical Conference Questions for Comment at 1. --------------------------------------------------------------------------- Pursuant to the Secretary's authority under section 403 of the Department of Energy Organization Act (42 U.S.C. 7173), the Secretary is directing the Commission to exercise its authority under sections 205 and 206 of the Federal Power Act to issue a final rule requiring its organized markets to develop and implement market rules that accurately price generation resources necessary to maintain the reliability and resiliency of our Nation's bulk power system. The proposed rule allows for the recovery of costs of fuel-secure generation units frequently relied upon to make our grid reliable and resilient. Such resources provide reliable capacity, resilient generation, frequency and voltage support, on-site fuel inventory--in addition to providing power for our basic needs, quality of life, and robust economy. The rule allows the full recovery of costs of certain eligible units physically located within the Commission-approved organized markets. Eligible units must also be able to provide essential energy and ancillary reliability services and have a 90-day fuel supply on site in the event of supply disruptions caused by emergencies, extreme weather, or natural or man-made disasters. These resources must be compliant with all applicable environmental regulations and are not subject to cost-of-service rate regulation by any State or local authority. The rule requires the organized markets to establish just and reasonable rate tariffs for the recovery of costs and a fair rate of return. IV. Procedures for Completion of Final Action A. Deadlines Pursuant to section 403(b) of the DOE Act, the Secretary is requiring the Commission to consider and take final action on the proposed rule herein within 60 days from the date of the publication of this NOPR in the Federal Register. As an alternative, the Secretary urges the Commission to issue the rule proposed herein as an interim final rule, effective immediately, with provision for later modifications after consideration of public comments. The Secretary further directs that any final rule adopting this proposal take effect within 30 days of publication of such final rule in the Federal Register. B. Comment Procedures To ensure that the Commission completes final action on this proposed rule within the deadline provided, it will be necessary to provide for the solicitation and review of public comments prior to the Commission's final action. To facilitate such comment process, the Commission is invited to issue a notice providing for such process within two business days of the publication of this proposed rule in the Federal Register. If the Commission does not do so, the following comment process will take effect: Interested persons are invited to submit comments on the matters and issues proposed in this NOPR to be adopted. Comments are due November 24, 2017. Comments must refer to Commission Docket No. RM18-1- 000, and must include the commenter's name, the organization they represent, if applicable, and their address in their comments. It is encouraged that comments 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. 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. 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 [[Page 46946]] serve copies of their comments on other commenters. C. Compliance Filings The Secretary further proposes that any final rule issued by the Commission pursuant to this NOPR shall provide that each Commission- approved RTO and ISO shall submit a compliance filing, including a revised tariff pursuant to section 205 of the Federal Power Act, within 15 days of the effective date of the final rule to demonstrate that it meets the proposed requirements set forth in any Final Rule. This compliance deadline is for each RTO and ISO to submit proposed tariff changes or otherwise demonstrate compliance with any Final Rule. Implementing the reforms required by any Final Rule in this proceeding may be a complex endeavor. However, implementation of these reforms is important to ensure rates remain just and reasonable. Therefore, it is proposed that tariff changes filed in response to a Final Rule in this proceeding must become effective no more than 15 days after compliance filings are due. To the extent that any RTO or ISO believes that it already complies with the reforms proposed in this NOPR, the RTO or ISO would be required to demonstrate how it complies in the compliance filing required 15 days after the effective date of any Final Rule in this proceeding. To the extent that any RTO or ISO seeks to argue on compliance that its existing market rules are consistent with or superior to the reforms adopted in any Final Rule, the Commission has the ability entertain such arguments at that time.\41\ --------------------------------------------------------------------------- \41\ See, e.g., Order No. 825, FERC Stats. & Regs. ] 31,384 at P 72; Demand Response Compensation in Organized Wholesale Energy Markets, Order No. 745, FERC Stats. & Regs. ] 31,322, at P 4 & n.7, order on reh'g and clarification, Order No. 745-A, 137 FERC ] 61,215 (2011), reh'g denied, Order No. 745-B, 138 FERC ] 61,148 (2012), vacated sub nom. Elec. Power Supply Ass'n v. FERC, 753 F.3d 216 (D.C. Cir. 2014), rev'd & remanded sub nom. FERC v. Elec. Power Supply Ass'n, 136 S. Ct. 760 (2016). --------------------------------------------------------------------------- V. Statutory and Regulatory Review Section 403(a) of the DOE Act authorizes the Secretary of Energy to propose rules with respect to any function within the jurisdiction of the Commission. Section 403(b) of that Act provides that the Commission shall have exclusive jurisdiction over such proposals. Accordingly, although the proposal is that of the Secretary of Energy, the Commission is the agency which will take final action on this proposed rulemaking. Therefore, the Commission is the appropriate agency to comply with the statutory, regulatory or Executive Order requirements which arise in connection with this rulemaking. To the extent a statute, regulation, or Executive Order requires action before the issuance of a final rule, the Commission should take such action in sufficient time to permit adoption of a final rule within the deadline for final action set forth above. To the extent that a NOPR--in the event the Commission were to issue one--would include certain information, included below are the following: VI. Information Collection Statement The Paperwork Reduction Act (PRA) \42\ requires each federal agency to seek and obtain Office of Management and Budget (OMB) approval before undertaking a collection of information directed to ten or more persons or contained in a rule of general applicability. OMB regulations \43\ require approval of certain information collection requirements imposed by agency rules. Upon approval of a collection of information, OMB will assign an OMB control number and an expiration date. Respondents subject to the filing requirements of an agency rule will not be penalized for failing to respond to the collection of information unless the collection of information displays a valid OMB control number. --------------------------------------------------------------------------- \42\ 44 U.S.C. 3507(d). \43\ 5 CFR 1320. --------------------------------------------------------------------------- Similar to other recently issued rules in its price formation docket, the reforms proposed in this NOPR would amend the Commission's regulations to improve the operation of organized wholesale electric power markets operated by RTOs and ISOs. The reforms proposed in this NOPR would require each RTO and ISO to implement market rules that meet certain requirements for pricing resiliency resources. The reforms proposed in this NOPR would require one-time filings of tariffs with the Commission and potential software upgrades to implement the reforms proposed in this NOPR. DOE anticipates the reforms proposed in this NOPR, once implemented, would not significantly change currently existing burdens on an ongoing basis. With regard to those RTOs and ISOs that believe that they already comply with the reforms proposed in this NOPR, they could demonstrate their compliance in the compliance filing required 15 days after the effective date of any Final Rule in this proceeding. The Commission will submit the proposed reporting requirements to OMB for its review and approval under section 3507(d) of the Paperwork Reduction Act.\44\ --------------------------------------------------------------------------- \44\ 44 U.S.C. 3507(d) (2012). --------------------------------------------------------------------------- While the DOE expects the adoption of the reforms proposed in this NOPR to provide significant benefits, the DOE understands implementation can be a complex endeavor. Comments are sought on the accuracy of provided burden and cost estimates and any suggested methods for minimizing the respondents' burdens, including the use of automated information techniques. Specifically, detailed comments are sought on the potential cost and time necessary to implement aspects of the reforms proposed in this NOPR, including (1) hardware, software, and business processes changes; and (2) processes for RTOs/ISOs to vet proposed changes amongst their stakeholders. Burden Estimate: \45\ The DOE believes that the burden estimates below are representative of the average burden on respondents, including necessary communications with stakeholders. The estimated burden and cost for the requirements contained in this NOPR follow.\46\ --------------------------------------------------------------------------- \45\ Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency, including: ``. . . (ii) Developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information; (iii) Developing, acquiring, installing, and utilizing technology and systems for the purpose of processing and maintaining information; (iv) Developing, acquiring, installing, and utilizing technology and systems for the purpose of disclosing and providing information . . . .'' 5 CFR 1320.3(b)(1) (2016). The time, effort, and financial resources necessary to comply with a collection of information that would be incurred by persons in the normal course of their activities (e.g., in compiling and maintaining business records) will be excluded from the ``burden'' if the agency demonstrates that the reporting, recordkeeping, or disclosure activities needed to comply are usual and customary. \46\ This estimate is based on the Commission's estimate used by the Commission in 157 FERC ] 61,213, 18 CFR part 35 [Docket No. RM18-1-000] Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators (December 15, 2016)]. For this information collection, the Commission staff estimates that industry is similarly situated in terms of hourly cost (wages plus benefits). Based on the Commission's average cost (wages plus benefits) for 2016, the Commission is using $74.50/hour. [[Page 46947]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Annual number Total annual burden Cost per Number of of responses Total number Average burden hours and hours and total annual respondent respondents per respondent of responses cost per response cost ($) (1) (2) (1) * (2) = (4)..................... (3) * (4) = (5)........ (5) / (1) (3) -------------------------------------------------------------------------------------------------------------------------------------------------------- Tariff filing costs.................. 6 1 6 80 hours, $5,920........ 480 hours, $35,520..... .............. Implementation costs................. 6 1 6 3,853 hours, $285,122... 23,118 hours, .............. $1,710,732. ------------------------------------------------------------------------------------------------------------------ Total (one-time in Year 1)....... .............. .............. .............. 3,933 hours, $291,042... 23,598 hours, 291,042 $1,746,252. -------------------------------------------------------------------------------------------------------------------------------------------------------- Cost to Comply: The DOE has projected the total cost of compliance, all within six months of a Final Rule plus initial implementation, to be $1,746,252. After Year 1, the reforms proposed in this NOPR, once implemented, would not significantly change existing burdens on an ongoing basis. Title: PRA approval for this collection of information will be obtained by FERC. Action: Proposed revisions to an information collection. OMB Control No.: [TBD]. Respondents for this Rulemaking: RTOs and ISOs. Frequency of Information: One-time during year one. Necessity of Information: The DOE proposes this rule to improve competitive wholesale electric markets in the RTO and ISO regions. Internal Review: The DOE has reviewed the proposed changes and has determined that the changes are necessary. These requirements conform to the Commission's need for efficient information collection, communication, and management within the energy industry. This estimate is based on the Commission's estimate in the NOPR for ``Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators'' \47\ and DOE believes that the NOPR is similar and would impose similar burden associated with the information collection requirements. --------------------------------------------------------------------------- \47\ 157 FERC ] 61,213, 18 CFR part 35 [Docket No. RM18-1-000], Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators (December 15, 2016). --------------------------------------------------------------------------- Interested persons may obtain information on the reporting requirements by contacting the following: Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Attention: Office of the Executive Director, email: [email protected], Phone: (202) 502-6608, fax: (202) 273-0873. Comments on the collection of information and the associated burden estimate in the proposed rule should be sent to the Commission in this docket and may also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission], at the following email address: [email protected]. Please refer to Docket No.: RM18-1-000 in your submission. VII. Environmental Analysis Though 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,\48\ the Commission has previously concluded \49\ that neither an Environmental Assessment nor an Environmental Impact Statement is required for a NOPR under section 380.4(a)(15) of the Commission's regulations, which provides a categorical exemption for approval of actions under sections 205 and 206 of the FPA relating to the filing of schedules containing all rates and charges for the transmission or sale of electric energy subject to the Commission's jurisdiction, plus the classification, practices, contracts and regulations that affect rates, charges, classifications, and services.\50\ This NOPR would require an exercise of the Commission's authority under sections 205 and 206 of the FPA. --------------------------------------------------------------------------- \48\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987). \49\ 157 FERC ] 61,213, 18 CFR part 35 [Docket No. RM18-1-000] Fast-Start Pricing in Markets Operated by Regional Transmission Organizations and Independent System Operators (December 15, 2016)] at para. 73. \50\ 18 CFR 380.4(a)(15). --------------------------------------------------------------------------- VIII. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (RFA) \51\ 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. The Small Business Administration's (SBA) Office of Size Standards develops the numerical definition of a small business.\52\ These standards are provided on the SBA Web site.\53\ --------------------------------------------------------------------------- \51\ 5 U.S.C. 601-12. \52\ 13 CFR 121.101. \53\ U.S. Small Business Administration, Table of Small Business Size Standards Matched to North American Industry Classification System Codes (effective Feb. 26, 2016), https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. --------------------------------------------------------------------------- The SBA classifies an entity as an electric utility if it is primarily engaged in the transmission, generation and/or distribution of electric energy for sale. Under this definition, the six RTOs/ISOs are considered electric utilities, specifically focused on electric bulk power and control. The size criterion for a small electric utility is 500 or fewer employees.\54\ Since every RTO/ISO has more than 500 employees, none are considered small entities. Furthermore, because of their pivotal roles in wholesale electric power markets in their regions, none of the RTOs/ISOs meet the last criterion of the two-part RFA definition of a small entity: ``not dominant in its field of operation.'' \55\ As a result, we certify that the reforms required by this NOPR would not have a significant economic impact on a substantial number of small entities. --------------------------------------------------------------------------- \54\ 13 CFR 121.201 (Sector 22, Utilities). \55\ The RFA definition of ``small entity'' refers to the definition provided in the Small Business Act, which defines a ``small business concern'' as a business that is independently owned and operated and that is not dominant in its field of operation. The Small Business Administration's regulations at 13 CFR 121.201 define the threshold for a small Electric Bulk Power Transmission and Control entity (NAICS code 221121) to be 500 employees. See 5 U.S.C. 601(3) (citing to section 3 of the Small Business Act, 15 U.S.C. 632). --------------------------------------------------------------------------- IX. Executive Order 12866 This proposed rule has been determined not to be a significant regulatory action for purposes of [[Page 46948]] Executive Order 12866. As a result this rule was not reviewed by the Office of Management and Budget. X. Document Availability 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. 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. 83. User assistance is available for eLibrary and the Commission's Web site during normal business hours from the Commission's Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at [email protected], or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at [email protected]. XI. Approval of the Office of the Secretary The Secretary of Energy has approved the publication of this proposed rule. List of Subjects in 10 CFR Part 35 Electric power rates, electric utilities, reporting and recordkeeping requirements. Issued in Washington, DC, on September 29, 2017. Rick Perry, Secretary of Energy. For the reasons stated in the preamble, DOE proposes that FERC amend part 35, chapter I of title 18, subchapter B, Code of Federal Regulations as set forth below: PART 35--FILING OF RATE SCHEDULES AND TARIFFS 0 1. The authority citation for part 35 continues to read as follows: Authority: 16 U.S.C. 791a-825r; 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352. 0 2. Section 35.28 is amended by adding paragraph (g)(10) to read as follows: Sec. 35.28 Non-discriminatory open access transmission tariff. * * * * * (g) * * * (10) Pricing eligible grid reliability and resiliency resources. (i) Definition of eligible grid reliability and resiliency resources. An eligible grid reliability and resiliency resource is any resource that: (A) Is an electric generation resource physically located within a Commission-approved independent system operator or regional transmission organization; (B) Is able to provide essential energy and ancillary reliability services, including but not limited to voltage support, frequency services, operating reserves, and reactive power; (C) Has a 90-day fuel supply on site enabling it to operate during an emergency, extreme weather conditions, or a natural or man-made disaster; (D) Is compliant with all applicable federal, state, and local environmental laws, rules, and regulations; and (E) Is not subject to cost of service rate regulation by any state or local regulatory authority. (ii) Scope of application. The requirements of this rule shall apply to Commission-approved independent system operators or regional transmission organizations with energy and capacity markets and a tariff that contains a day-ahead and a real-time market or the functional equivalent. The application of this rule must be consistent between the day-ahead and real-time markets. (iii) Reliability and resiliency rate. (A) Each Commission-approved independent system operator or regional transmission organization shall establish a tariff that provides a just and reasonable rate for the-- (1) Purchase of electric energy from an eligible reliability and resiliency resource; and (2) recovery of costs and a return on equity for such resource dispatched during grid operations. (B) The just and reasonable rate shall include pricing to ensure that each eligible resource is fully compensated for the benefits and services it provides to grid operations, including reliability, resiliency and on-site fuel-assurance, and that each eligible resource recovers its fully allocated costs and a fair return on equity. (iv) Reliability and resiliency costs. Compensable costs shall include, but not be limited to, operating and fuel expenses, costs of capital and debt, and a fair return on equity and investment. [FR Doc. 2017-21396 Filed 10-6-17; 8:45 am] BILLING CODE 6717-01-P
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(1) Is not a ‘‘significant regulatory (d) Subject notify your appropriate principal inspector
action’’ under Executive Order 12866, Air Transport Association of America (PI) in the FAA Flight Standards District
(2) Is not a ‘‘significant rule’’ under (ATA) Code 61: Propellers/Propulsors. Office (FSDO), or lacking a PI, your local
the DOT Regulatory Policies and FSDO.
(e) Reason (ii) AMOCs approved for AD 2017–10–11,
Procedures (44 FR 11034, February 26, Amendment 39–18885 (82 FR 24239, May 26,
1979), This AD was prompted by mandatory
continuing airworthiness information (MCAI) 2017) are approved as AMOCs for the
(3) Will not affect intrastate aviation corresponding provisions of this AD.
issued by the aviation authority of another
in Alaska, and country to identify and correct an unsafe (2) Contacting the Manufacturer: For any
(4) Will not have a significant condition on an aviation product. The MCAI requirement in this AD to obtain corrective
economic impact, positive or negative, describes the unsafe condition as certain actions from a manufacturer, the action must
on a substantial number of small entities propeller front transmission gear wheels be accomplished using a method approved
under the criteria of the Regulatory having insufficient material strength because by the Manager, Small Airplane Standards
Flexibility Act. of improper heat treatment during Branch, FAA; or the European Aviation
manufacturing. We are issuing this proposed Safety Agency (EASA).
List of Subjects in 14 CFR Part 39 AD to add Stemme AG Model Stemme S 12
(h) Related Information
Air transportation, Aircraft, Aviation to the applicability, paragraph (c), of this AD,
and to prevent failure of the propeller front (1) Refer to MCAI European Aviation
safety, Incorporation by reference, Safety Agency (EASA) AD No. 2017–0072–E,
transmission gear wheels. This failure could
Safety. cause loss of power between the engine and dated April 26, 2017, and Stemme AG
The Proposed Amendment the propeller, which could result in reduced Service Bulletin No. P062–980010, dated
control. April 21, 2017, for related information. You
Accordingly, under the authority may examine the MCAI on the Internet at
delegated to me by the Administrator, (f) Actions and Compliance http://www.regulations.gov by searching for
the FAA proposes to amend 14 CFR part Unless already done, do the following and locating Docket No. FAA–2017–0952.
39 as follows: actions: For service information related to this AD,
(1) For Model Stemme S10–VT gliders: contact STEMME AG, Flugplatzstrasse F2,
PART 39—AIRWORTHINESS Before further flight after June 15, 2017 (the Nr. 6–7, D–15344 Strausberg, Germany;
DIRECTIVES effective date of AD 2017–10–11), replace the telephone: +49 (0) 3341 3612–0, fax: +49 (0)
front gearbox following STEMME Procedural 3341 3612–30; Internet: https://
■ 1. The authority citation for part 39 Specification Dok. Nr.: P320–900060, dated www.stemme.com. You may review copies of
continues to read as follows: June 14, 2017, as specified in STEMME the referenced service information at the
Service Bulletin Dok. Nr.: P062–980010, FAA, Policy and Innovation Division, 901
Authority: 49 U.S.C. 106(g), 40113, 44701. Issue: 01, dated June 14, 2017. Locust, Kansas City, Missouri 64106. For
(2) For Model Stemme S 12 gliders: Before information on the availability of this
§ 39.13 [Amended]
further flight after the effective date of this material at the FAA, call (816) 329–4148.
■ 2. The FAA amends § 39.13 by AD, replace the front gearbox following
removing Amendment 39–18885 (82 FR Issued in Kansas City, Missouri, on
STEMME Procedural Specification Dok. Nr.: September 26, 2017.
24239, May 26, 2017), and adding the P320–900060, dated June 14, 2017, as
following new AD: specified in STEMME Service Bulletin Dok. Pat Mullen,
Nr.: P062–980010, Issue: 01, dated June 14, Acting Deputy Director, Policy & Innovation
Stemme AG: Docket No. FAA–2017–0952; Division, Aircraft Certification Service.
Product Identifier 2017–CE–028–AD. 2017.
(3) As of the effective date of this AD, do [FR Doc. 2017–21226 Filed 10–6–17; 8:45 am]
(a) Comments Due Date not install a front gear box listed in table 1 BILLING CODE 4910–13–P
We must receive comments by November of paragraph (c) of this AD.
24, 2017. (4) The service information for this AD
allows the owner/operator to do certain
(b) Affected ADs maintenance tasks. Also, the service DEPARTMENT OF ENERGY
This AD replaces AD 2017–10–11, information specifies certain maintenance
Amendment 39–18885 (82 FR 24239, May 26, tasks be done by Stemme AG. However, for Federal Energy Regulatory
2017) (‘‘AD 2017–10–11’’). this AD, we do not allow the owner/operator Commission
to do any maintenance tasks; all maintenance
(c) Applicability tasks must be done by an appropriately 18 CFR Part 35
This AD applies to Stemme AG Model certifiedmechanic or maintenance shop. In
Stemme S10–VT gliders (type certificate addition, we do not require any maintenance [Docket No. RM18–1–000]
previously held by Stemme GmbH & Co. KG), tasks be done specifically by Stemme AG;
all serial numbers, and Stemme AG Model any appropriately certified mechanic or Grid Resiliency Pricing Rule
Stemme S 12 gliders, all serial numbers, that maintenance shop may do the tasks required AGENCY: Federal Energy Regulatory
are: by this AD.
Commission, Department of Energy.
(1) Equipped with a front gearbox, part
(g) Other FAA AD Provisions ACTION: Notice of proposed rulemaking.
number (P/N) 11AG, with a serial number
listed in table 1 to paragraph (c) of this AD; The following provisions also apply to this
and AD: SUMMARY: Pursuant to the Department of
(2) are certificated in any category. (1) Alternative Methods of Compliance Energy Organization Act (DOE Act), the
Table 1 to paragraph (c) of this AD— (AMOCs): The Manager, Small Airplane Secretary of Energy (Secretary) is
Affected P/N 11AG (front gearbox) S/Ns Standards Branch, FAA, has the authority to proposing a rule for final action by the
Pmangrum on DSK3GDR082PROD with PROPOSALS
approve AMOCs for this AD, if requested Federal Energy Regulatory Commission
80058/0814, 80059/0915, 80060/0915, 80061/ using the procedures found in 14 CFR 39.19.
1115, 80062/1215, 80063/0116, 80064/0416, (Commission or FERC). The Secretary is
Send information to ATTN: Jim Rutherford, proposing the Commission exercise its
80065/0616, 80066/0716, 80067/0916, 80068/ Aerospace Engineer, FAA, Small Airplane
1016, 80069/0117, 80070/0217, 80071/0217. authority under the Federal Power Act
Standards Branch, 901 Locust, Room 301,
Note 1 to paragraph (c) of this AD: Page 2 Kansas City, Missouri 64106; telephone: (FPA) to establish just and reasonable
of Stemme AG Service Bulletin No. P062– (816) 329–4165; fax: (816) 329–4090; email: rates for wholesale electricity sales.
980010, dated April 21, 2017, provides a jim.rutherford@faa.gov. Under the proposal, the Commission
pictorial of where the serial number of the (i) Before using any approved AMOC on will impose rules on Commission-
affected gearboxes are located. any airplane to which the AMOC applies, approved independent system operators
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(ISOs) and regional transmission C. The 2014 Polar Vortex Exposed in this proposed rule. Specifically,
organizations (RTOs) to ensure that Problems With the Resiliency of the FERC has authority to establish just and
certain reliability and resilience Electric Grid reasonable rates, terms, and conditions
D. Regulated Wholesale Power Markets Are for wholesale electricity sales under
attributes of electric generation
Not Adequately Pricing Resiliency
resources are fully valued. The Attributes of Fuel-Secure Power sections 205 and 206 of the Federal
Secretary is directing the Commission to E. The Preservation of Generation Diversity Power Act, and FERC has discretion to
take final action on this proposal within Will Benefit Consumers do so by means of a rulemaking
60 days of publication of this proposed F. NERC Warns That Premature pursuant to section 403(c), which
rule in the Federal Register or, in the Retirements of Fuel-Secure Generation authorizes FERC to use rulemaking
alternative, to issue the rule as an Threaten the Reliability and Resiliency procedures to conduct its Federal Power
interim final rule immediately, with of the Bulk Power System Act functions relating to rates and
G. The DOE Staff Report Made Clear the charges. Transmission Access Policy
provision for later modifications after
Challenges to the Grid and That
consideration of public comments. The Study Group v. F.E.R.C., 225 F.3d 667,
Resiliency Must Be Addressed
Secretary further directs that any final H. Congress Is Concerned About the 688 (D.C. Cir. 2000), aff’d 535 U.S. 1
rule adopting this proposal take effect Potential Loss of Valuable Generation (2002). FERC has on numerous
within 30 days of publication of such Resources occasions imposed market rules on ISOs
final rule in the Federal Register and I. The FERC Is Cognizant of the Problem and RTOs. See 18 CFR part 35.
proposes that each ISO and RTO subject and Has the Necessary Information on Furthermore, section 403(b) requires
to the rule shall submit a compliance Which To Act Expeditiously that FERC ‘‘shall consider and take final
filing within 15 days of the effective III. Proposal action on any proposal made by the
IV. Procedures for Completion of Final Secretary [under subsection (a)] in an
date of such final rule.
Action expeditious manner in accordance with
DATES: The Commission is directed A. Deadlines such reasonable time limits as may be
either to take final action by December B. Comment Procedures
set by the Secretary for the completion
11, 2017 or to issue the proposed rule C. Compliance Filings
V. Statutory and Regulatory Review of action by the Commission on any
as an interim final rule. Public comment such proposal.’’ The Secretary is
is due either November 24, 2017 or VI. Information Collection Statement
VII. Environmental Analysis therefore authorized to direct the
according to a schedule to be published Commission to consider and take final
VIII. Regulatory Flexibility Act
by the Commission. IX. Executive Order 12866 action within the reasonable time limits
ADDRESSES: Comments, identified by X. Document Availability the Secretary establishes in this
docket number, may be filed in the XI. Approval of the Office of the Secretary proposed rule. Given the extensive
following ways: record the Commission has already
I. Statutory Background
• Email: Electronic Filing through developed on the subject matter of this
http://www.ferc.gov. Documents created Section 403 of the DOE Act authorizes proposed rule, the time limit for final
electronically using word processing the Secretary of Energy to propose rules action provided herein allows adequate
software should be filed in native for Commission action regarding certain time for the Commission to receive and
applications or print-to-PDF format and Commission functions, including its consider public comments.
not in a scanned format. electricity rate-related functions under
• Mail/Hand Delivery: Those unable sections 205 and 206 of the Federal II. Discussion of the Proposed Rule
to file electronically may mail or hand- Power Act, and to set reasonable time The resiliency of the nation’s electric
deliver comments to: Federal Energy limits for Commission completion of the grid is threatened by the premature
Regulatory Commission, Secretary of the proposed action. Section 403(a) retirements of power plants that can
Commission, 888 First Street NE., provides for the initiation of rulemaking withstand major fuel supply disruptions
Washington, DC 20426. proceedings by either the Secretary or caused by natural or man-made
Instructions: For detailed instructions the Commission. In the exercise of this disasters and, in those critical times,
on submitting comments and additional authority, the Commission proposes continue to provide electric energy,
information on the rulemaking process, rules by publishing Notices of Proposed capacity, and essential grid reliability
see the Comment Procedures Section of Rulemaking (NOPR) in the Federal services. These fuel-secure resources are
this document. Register. The Secretary has likewise indispensable for the reliability and
exercised his section 403 authority by resiliency of our electric grid—and
FOR FURTHER INFORMATION CONTACT:
publishing NOPRs in the Federal therefore indispensable for our
Ronald (R.J.) Colwell, U.S. Department
Register. This authority was first economic and national security. It is
of Energy, Office of the Assistant
exercised by the Secretary in 1979 by time for the Commission to issue rules
General Counsel for Electricity and
publication of a NOPR (‘‘Transportation to protect the American people from
Fossil Energy (GC–76), Forrestal
Certificates for Natural Gas,’’ 44 FR energy outages expected to result from
Building, Room 6D–033, 1000
17644, March 22, 1979). The Secretary the loss of this fuel-secure generation
Independence Avenue SW.,
has subsequently acted under section capacity.
Washington, DC 20585; (202) 586–9507;
403 on several occasions by publication
email ronald.colwell@hq.doe.gov. A. Affordable, Reliable and Resilient
of a NOPR in the Federal Register. By
SUPPLEMENTARY INFORMATION: proposing a rule in this manner, the Electricity Is Vital to the Economic and
National Security of the United States
Pmangrum on DSK3GDR082PROD with PROPOSALS
Table of Contents Secretary enables the Commission to
proceed directly to the consideration of, and Its People
I. Statutory Background and final action on, the proposal and Ensuring that American families and
II. Discussion of Proposed Rule businesses have access to reliable,
A. Affordable, Reliable and Resilient
eliminates the need for the Commission
Electricity Is Vital to the Economic and to order or publish its own separate resilient and affordable electricity is
National Security of the United States rulemaking proposal. vital to the economy, national security,
and Its People Independent of the Secretary’s action and quality of life. From heating homes
B. There Have Been Significant under section 403(a), FERC has full in the winter to cooling them in the
Retirements of Fuel-Secure Generation authority to establish the rule set forth summer, providing lighted streets so
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in appropriately configured capacity. order to assure continued reliability and Report calls for prompt action: Markets
Also, resource valuations tend not to ensure resiliency.16 need further study and reform to
incorporate superordinate network and/ Specifically, according to NERC, address future services essential to grid
or social values such as enhancing ‘‘Coal-fired and nuclear generation have reliability and resilience. System
resilience into resource or . . . the added benefits of high availability operators are working toward
investment decision making. The rate, low forced outages, and secured recognizing, defining, and compensating
increased importance of system on-site fuel. Many months of on-site fuel for resource attributes that enhance
resilience to overall grid reliability may allow these units to be operated in a reliability and resilience (on both the
require adjustments to market manner independent of supply chain supply and demand side). However,
mechanisms that enable better disruptions.’’ 17 further efforts should reflect the urgent
valuation.13 As a consequence, NERC warns, need for clear definitions of reliability-
‘‘Premature retirements of fuel secure and resilience-enhancing attributes and
A recent study by IHS Markit baseload generating stations reduces
amplifies the same point: ‘‘the should quickly establish the market
resilience to fuel supply disruptions.’’ 18 means to value or the regulatory means
increasing cost of ensuring power
system resilience is exposing the G. The DOE Staff Report Made Clear the to provide them.21
Challenges to the Grid and That The DOE Staff Report’s first
problem that some current wholesale
Resiliency Must Be Addressed recommendation for protecting the
market price formation rules do not
resiliency of the electric grid is to
fully compensate generating resources The DOE Staff Report confirms these correct distortions in price formation in
for providing the desired power system observations and exposes the potential the organized markets: FERC should
supply resiliency.’’ 14 challenges and threats to the reliability expedite its efforts with states, RTO/
E. The Preservation of Generation and resiliency of the electric grid, as ISOs, and other stakeholders to improve
Diversity Will Benefit Consumers well as the economic hardship faced by energy price formation in centrally-
some of the most resilient types of organized wholesale electricity markets.
The IHS Markit study also concludes generation. Among other things, the After several years of fact finding and
that preservation of generation diversity DOE Staff Report warns that premature technical conferences, the record now
provided by fuel-secure resources retirements of fuel-secure resources supports energy price formation reform,
benefits consumers: ‘‘The current impose serious risks: Ultimately, the such as the proposals laid out by PJM
diversified US electric supply portfolio continued closure of traditional and others.22
lowers the cost of electricity production baseload power plants calls for a
by about $114 billion per year and comprehensive strategy for long-term H. Congress Is Concerned About the
lowers the average retail price of reliability and resilience. States and Potential Loss of Valuable Generation
electricity by 27%’’ compared with a regions are accepting increased risks Resources
‘‘less efficient diversity case’’ involving that could affect the future reliability In July 2015, the chairmen of the
‘‘no meaningful contributions from coal and resilience of electricity delivery for Senate Committee on Energy and
or nuclear resources.’’ 15 consumers in their regions. Natural Resources, the House
Hydropower, nuclear, coal, and natural Committee on Energy and Commerce,
F. NERC Warns That Premature gas power plants provide ERS and the House Subcommittee on Energy
Retirements of Fuel-Secure Generation [(‘‘essential reliability services’’)] and and Power, sent correspondence to the
Threaten the Reliability and Resiliency fuel assurance critical to system Commission about challenges in the
of the Bulk Power System resilience. A continual comprehensive Commission-approved organized
The North American Electric regional and national review is needed electricity markets.23 The chairmen
Reliability Corporation (NERC) (the to determine how a portfolio of expressed their concern that ‘‘[v]aluable
FERC-designated Electric Reliability domestic energy resources can be baseload power plants in these markets,
Organization), whose mission is to developed to ensure grid reliability and including reliable nuclear and coal-
resilience.19 [fired] plants, are facing premature
assure the reliability and security of the
The DOE Staff Report also recognizes retirement.’’ 24
bulk power system in North America,
that ‘‘system fuel supply chain More specifically, the Chairmen’s
states: The North American electric disruptions can impact many generators letter stated: ‘‘There are growing
power system is undergoing a rapid and during a single widespread fuel shortage indications that owners and operators of
significant transformation with ongoing event,’’ and that ‘‘[n]uclear and coal major baseload power plants are facing
retirements of fossil-fired and nuclear plants typically have advantages imminent decisions regarding their
capacity, as well as growth in natural associated with onsite fuel storage[.]’’ 20 continued economic viability’’ 25 and
gas, wind, and solar resources. This In light of these facts, the DOE Staff ‘‘broad scale premature retirements of
shift is caused by several drivers, such
otherwise performing baseload units
as federal, state, and provincial policies, 16 NERC Letter to Secretary of Energy Rick Perry,
because of market rules—rather than
low natural gas prices, electricity market May 9, 2017, Attachment ‘‘Synopsis of NERC market forces—would represent failure
forces, and integration of both Reliability Assessments’’ (Synopsis) at 1.
17 NERC, Synopsis at 2. of regulation.’’ 26 The letter made clear
distributed and utility-scale renewable
18 NERC, Synopsis at 3. that electricity market prices for energy
resources. The changing resource mix is 19 ‘‘Staff Report to the Secretary on Electricity and capacity should reflect the ‘‘true
altering the operating characteristics of
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Markets and Reliability,’’ U.S. Department of marginal cost of supply, promote
the bulk power system (BPS). These Energy, August 2017 at 14 (emphasis added).
changing characteristics must be well 20 DOE Staff Report, at 91. For example, ‘‘coal
21 Id.,at 10 (emphasis added).
understood and properly managed in plants . . . maintain onsite coal stockpiles to 22 Id.,at 126 (internal citations omitted).
accommodate both normal variance in deliveries 23 Letter from Fred Upton, Lisa Murkowski, and
and the possibility of a major supply disruption.
13 January 2017 QER, at 4–41 (emphasis added). Coal stockpiles have recently been slightly smaller Ed Whitfield, U.S. Congress, to Norman Bay,
14 IHS Markit, ‘‘Ensuring Resilient and Efficient than historical averages, while days of burn have Chairman, FERC (July 8, 2015).
24 Id.
Electricity Generation: The Value of the current increased slightly relative to historic averages from
diverse US power supply portfolio’’ at 8. the 70–80 range to the 85–100-day range.’’ Id., at 25 Id.
15 Id. at 4–5. 95. 26 Id.
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![46944 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules
necessary investment, and produce not providing a sufficiently reliable • In December 2016, under Order
meaningful price signals that clearly supply of electricity and, to remedy this 831, Offer Caps in Markets Operated by
indicate where new supply and urgent shortfall, accepted PJM’s Regional Transmission Organizations
investment are needed.27 proposed market rule changes. FERC’s and Independent System Operators, the
order was recently upheld by the D.C. Commission raised existing caps on
I. The FERC Is Cognizant of the Problem energy market offers and allowed those
Circuit in Advanced Energy
and Has the Necessary Information on higher-price offers to set market clearing
Management Alliance v. FERC, D.C. Cir.
Which To Act Expeditiously prices.34
(June 30, 2017).
Over the past several years, the A year after its initial 2013 • In December 2016, pursuant to a
Commission has developed an extensive proceeding, the Commission initiated a NOPR entitled Fast-Start Pricing in
record on price formation in the proceeding in June 2014, entitled ‘‘Price Markets Operated by Regional
Commission-approved ISOs and RTOs. Formation in Energy and Ancillary Transmission Organizations and
The Commission has recognized that Services Markets in Regional Independent System Operators, the
there are deficiencies in the way the Transmission Organizations and Commission proposed revising its
regulated wholesale power markets Independent System Operators’’ (Price regulations to require RTOs and ISOs to
price power (i.e., energy, capacity, and Formation Proceeding) to evaluate incorporate market rules that properly
ancillary services) and that these issues regarding price formation in the price fast-start resources.35 As stated in
deficiencies are undermining reliability energy and ancillary services markets the NOPR, the proposed Fast-Start
and resiliency. operated by RTOs and ISOs.30 In a Pricing ‘‘should lead to prices that more
Beginning in June 2013, the December 2014 staff analysis for this transparently reflect the marginal cost of
Commission recognized the changing proceeding, the FERC Staff observes that serving load, which will reduce uplift
mix of generation resources, determined ‘‘[a]ll RTOs and ISOs have identified a costs and thereby improve price signals
that existing capacity markets were not class of reliability and operational to support efficient investments.’’ 36
providing a sufficiently reliable supply issues that are incorporated into the • In January 2017, the Commission
of electricity, predicted the loss of fuel- day-ahead and real-time market issued a NOPR entitled Uplift Cost
secure generation, and sought input processes but which are not reflected in Allocation and Transparency in Markets
from the public through proceedings on day-ahead and real-time energy and Operated by Regional Transmission
price formation in the organized Organizations and Independent System
ancillary services prices.’’ 31
markets. In a 2013 technical conference, Operators.37 Among other things, this
The Price Formation Proceeding
FERC explained: The purpose of the proposed rule would require that ‘‘each
resulted in a number of additional
technical conference is to consider how regional transmission organization
proceedings and rulemakings, some of (RTO) and independent system operator
current centralized capacity market which are described below:
rules and structures are supporting the (ISO) that currently allocates the costs of
• In November 2016, under Order No. real-time uplift due to deviations should
procurement and retention of resources 825, Settlement Intervals and Shortage
necessary to meet future reliability and allocate such real-time uplift costs only
Pricing in Markets Operated by Regional to those market participants whose
operational needs. Since their Transmission Organizations and
establishment, centralized capacity transactions are reasonably expected to
Independent System Operators, the have caused the real-time uplift
markets have continued to evolve. Commission directed reforms to
Meanwhile, the mix of resources is also costs.’’ 38 This NOPR establishes that the
settlement intervals and shortage goals of the price formation in the
evolving in response to changing market pricing to more accurately compensate
conditions, including low natural gas proceeding are to:
resources based on the value they (1) Maximize market surplus for
prices, state and federal policies provide the system.32 consumers and suppliers;
encouraging the entry of renewable • In November 2016, pursuant to a (2) Provide correct incentives for
resources and other specific NOPR entitled Essential Reliability market participants to follow
technologies, and the retirement of Services and the Evolving Bulk-Power commitment and dispatch instructions,
aging generation resources. This System—Primary Frequency Response, make efficient investments in facilities
changing resource mix may result in the Commission proposed a rule to and equipment, and maintain reliability;
future reliability and operational needs require all newly interconnecting large
that are different than those of the and small generating facilities, both Primary Frequency Response, Notice of Proposed
past.28 synchronous and non-synchronous, to Rulemaking (November 17, 2016).
In December 2014, PJM requested that install and enable primary frequency 34 157 FERC ¶ 61,115, 18 CFR part 35 [Docket No.
the Commission issue an order response capability as a condition of RM16–5–000; Order No. 831] Offer Caps in Markets
approving PJM’s revisions to its capacity Operated by Regional Transmission Organizations
interconnection.33 and Independent System Operators (November 17,
market rules to require resources 2016).
participating in the capacity market to 30 Price Formation in Energy and Ancillary 35 157 FERC ¶ 61,213, 18 CFR part 35 [Docket No.
honor contractual commitments to Services Markets in Regional Transmission RM18–1–000] Fast-Start Pricing in Markets
deliver electricity at any time of the Organizations and Independent System Operators, Operated by Regional Transmission Organizations
Docket No. AD14–14–000, June 2014. and Independent System Operators (December 15,
year.29 The Commission determined 31 Staff Analysis of Operator-Initiated 2016).
that the existing capacity market was Commitments in RTO and ISO Markets, Price 36 157 FERC ¶ 61,213, 18 CFR part 35 [Docket No.
Formation in Organized Wholesale Electricity RM18–1–000] Fast-Start Pricing in Markets
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27 Id. Markets, [Docket No. AD14–14–000], December Operated by Regional Transmission Organizations
28 FERC, Centralized Capacity Markets in 2014 at 5. and Independent System Operators (December 15,
Regional Transmission Organizations and 32 155 FERC ¶ 61,276; 18 CFR part 35 [Docket No. 2016), at 1.
Independent System Operators, Docket No. AD13– RM15–24–000, Order No. 825] Settlement Intervals 37 158 FERC ¶ 61,047 Federal Energy Regulatory
7–000, p. 1. and Shortage Pricing in Markets Operated by Commission, 18 CFR part 35 [Docket No. RM17–2–
29 151 FERC ¶ 61,208, PJM Interconnection, Regional Transmission Organizations and 000] Uplift Cost Allocation and Transparency in
L.L.C., Order on Proposed Tariff Revisions (2015); Independent System Operators (Issued June 16, Markets Operated by Regional Transmission
rehearing denied, PJM Interconnection, L.L.C., 2016). Organizations and Independent System Operators
Order on Rehearing and Compliance, 155 FERC 33 157 FERC ¶ 61,122, Essential Reliability (January 19, 2017).
¶ 61,157 (2016). Services and the Evolving Bulk-Power System— 38 Id. at 1.
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![Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules 46945
(3) Provide transparency so that Over the past few years, the IV. Procedures for Completion of Final
market participants understand how Commission has been considering Action
prices reflect the actual marginal cost of various aspects of accurate price A. Deadlines
serving load and the operational formation within Commission-approved
constraints of reliably operating the organized markets in its ongoing price Pursuant to section 403(b) of the DOE
system; and formation docket. Throughout these Act, the Secretary is requiring the
(4) Ensure that all suppliers have an Commission to consider and take final
proceedings the Commission has
opportunity to recover their costs.39 action on the proposed rule herein
declared that a key goal of price
Through these proceedings, the within 60 days from the date of the
formation is to ‘‘ensure that all suppliers publication of this NOPR in the Federal
Commission has developed an extensive have an opportunity to recover their
record on price formation in the Register. As an alternative, the Secretary
costs.’’ 40 The Commission has urges the Commission to issue the rule
Commission approved ISOs and RTOs. conducted technical conferences, sought
Nevertheless, the fundamental challenge proposed herein as an interim final rule,
and received significant stakeholder and effective immediately, with provision
of maintaining a resilient electric grid public input, and issued and approved
has not been sufficiently addressed by for later modifications after
several market rule changes to consideration of public comments. The
the Commission or the ISOs and RTOs.
accomplish these goals. Secretary further directs that any final
The continued loss of fuel-secure
generation must be stopped. These Pursuant to the Secretary’s authority rule adopting this proposal take effect
generation resources are necessary to under section 403 of the Department of within 30 days of publication of such
maintain the resiliency of the electric Energy Organization Act (42 U.S.C. final rule in the Federal Register.
grid. FERC must adopt rules requiring 7173), the Secretary is directing the B. Comment Procedures
the Commission-approved ISOs and Commission to exercise its authority
To ensure that the Commission
RTOs to reduce the chronic distortion of under sections 205 and 206 of the completes final action on this proposed
the markets that is threatening the Federal Power Act to issue a final rule rule within the deadline provided, it
resilience of the Nation’s electricity requiring its organized markets to will be necessary to provide for the
system. develop and implement market rules solicitation and review of public
III. Proposal that accurately price generation comments prior to the Commission’s
resources necessary to maintain the final action. To facilitate such comment
In light of these threats to grid reliability and resiliency of our Nation’s process, the Commission is invited to
reliability and resilience, it is the bulk power system. issue a notice providing for such
Commission’s immediate responsibility
The proposed rule allows for the process within two business days of the
to take action to ensure that the
recovery of costs of fuel-secure publication of this proposed rule in the
reliability and resiliency attributes of
generation units frequently relied upon Federal Register. If the Commission
generation with on-site fuel supplies are
to make our grid reliable and resilient. does not do so, the following comment
fully valued and in particular to
Such resources provide reliable process will take effect:
exercise its authority to develop new Interested persons are invited to
market rules that will achieve this capacity, resilient generation, frequency
submit comments on the matters and
urgent objective. and voltage support, on-site fuel
issues proposed in this NOPR to be
The recent Polar Vortex, as well as the inventory—in addition to providing adopted. Comments are due November
devastation from Superstorm Sandy and power for our basic needs, quality of 24, 2017. Comments must refer to
Hurricanes Harvey, Irma, and Maria, life, and robust economy. The rule Commission Docket No. RM18–1–000,
reinforces the urgency that the allows the full recovery of costs of and must include the commenter’s
Commission must act now. Moreover, certain eligible units physically located name, the organization they represent, if
the Commission should take action within the Commission-approved applicable, and their address in their
before the winter heating season begins organized markets. Eligible units must comments.
so as to prevent the potential failure of also be able to provide essential energy It is encouraged that comments be
the grid from the loss of fuel-secure and ancillary reliability services and filed electronically via the eFiling link
generation—as almost happened during have a 90-day fuel supply on site in the on the Commission’s Web site at http://
the 2014 Polar Vortex. event of supply disruptions caused by www.ferc.gov. The Commission accepts
As outlined, the Commission has emergencies, extreme weather, or most standard word processing formats.
developed a vast record of comments, natural or man-made disasters. These Documents created electronically using
hearings, and technical conferences on resources must be compliant with all word processing software should be
price formation matters, but has not filed in native applications or print-to-
applicable environmental regulations
done enough to address the crisis at PDF format and not in a scanned format.
and are not subject to cost-of-service
hand. Immediate action is necessary to Commenters filing electronically do not
ensure fair compensation in order to rate regulation by any State or local
authority. The rule requires the need to make a paper filing.
stop the imminent loss of generators Commenters that are not able to file
with on-site fuel supplies, and thereby organized markets to establish just and
comments electronically must send an
preserve the benefits of generation reasonable rate tariffs for the recovery of
original of their comments to: Federal
diversity and avoid the severe costs and a fair rate of return.
Pmangrum on DSK3GDR082PROD with PROPOSALS
Energy Regulatory Commission,
consequences that additional shut- Secretary of the Commission, 888 First
downs would have on the electric grid. Street NE., Washington, DC 20426.
40 FERC’s Price Formation in Energy and
All comments will be placed in the
Ancillary Services Markets Operated by Regional
39 158 FERC ¶ 61,047 Federal Energy Regulatory Commission’s public files and may be
Commission, 18 CFR part 35 [Docket No. RM17–2– Transmission Organizations and Independent
System Operators; Docket No. AD14–14–000; viewed, printed, or downloaded
000] Uplift Cost Allocation and Transparency in
Markets Operated by Regional Transmission Notice Inviting Post-Technical Workshop remotely as described in the Document
Organizations and Independent System Operators Comments (January 16, 2015), Post-Technical Availability section below. Commenters
(January 19, 2017) at 5, para 6. Conference Questions for Comment at 1. on this proposal are not required to
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![46946 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules
serve copies of their comments on other which will take final action on this proposed in this NOPR, they could
commenters. proposed rulemaking. Therefore, the demonstrate their compliance in the
Commission is the appropriate agency compliance filing required 15 days after
C. Compliance Filings
to comply with the statutory, regulatory the effective date of any Final Rule in
The Secretary further proposes that or Executive Order requirements which this proceeding. The Commission will
any final rule issued by the Commission arise in connection with this submit the proposed reporting
pursuant to this NOPR shall provide rulemaking. To the extent a statute, requirements to OMB for its review and
that each Commission-approved RTO regulation, or Executive Order requires approval under section 3507(d) of the
and ISO shall submit a compliance action before the issuance of a final rule, Paperwork Reduction Act.44
filing, including a revised tariff the Commission should take such action While the DOE expects the adoption
pursuant to section 205 of the Federal in sufficient time to permit adoption of of the reforms proposed in this NOPR to
Power Act, within 15 days of the a final rule within the deadline for final provide significant benefits, the DOE
effective date of the final rule to action set forth above. understands implementation can be a
demonstrate that it meets the proposed To the extent that a NOPR—in the complex endeavor. Comments are
requirements set forth in any Final Rule. event the Commission were to issue sought on the accuracy of provided
This compliance deadline is for each one—would include certain burden and cost estimates and any
RTO and ISO to submit proposed tariff information, included below are the suggested methods for minimizing the
changes or otherwise demonstrate following: respondents’ burdens, including the use
compliance with any Final Rule. of automated information techniques.
Implementing the reforms required by VI. Information Collection Statement
Specifically, detailed comments are
any Final Rule in this proceeding may The Paperwork Reduction Act sought on the potential cost and time
be a complex endeavor. However, (PRA) 42 requires each federal agency to necessary to implement aspects of the
implementation of these reforms is seek and obtain Office of Management reforms proposed in this NOPR,
important to ensure rates remain just and Budget (OMB) approval before including (1) hardware, software, and
and reasonable. Therefore, it is undertaking a collection of information business processes changes; and (2)
proposed that tariff changes filed in directed to ten or more persons or processes for RTOs/ISOs to vet
response to a Final Rule in this contained in a rule of general proposed changes amongst their
proceeding must become effective no applicability. OMB regulations 43 stakeholders.
more than 15 days after compliance require approval of certain information Burden Estimate: 45 The DOE believes
filings are due. collection requirements imposed by that the burden estimates below are
To the extent that any RTO or ISO agency rules. Upon approval of a representative of the average burden on
believes that it already complies with collection of information, OMB will respondents, including necessary
the reforms proposed in this NOPR, the assign an OMB control number and an communications with stakeholders. The
RTO or ISO would be required to expiration date. Respondents subject to estimated burden and cost for the
demonstrate how it complies in the the filing requirements of an agency rule requirements contained in this NOPR
compliance filing required 15 days after will not be penalized for failing to follow.46
the effective date of any Final Rule in respond to the collection of information
this proceeding. To the extent that any unless the collection of information 44 44 U.S.C. 3507(d) (2012).
RTO or ISO seeks to argue on displays a valid OMB control number. 45 Burden means the total time, effort, or financial
compliance that its existing market rules Similar to other recently issued rules resources expended by persons to generate,
are consistent with or superior to the in its price formation docket, the maintain, retain, disclose, or provide information to
reforms adopted in any Final Rule, the or for a federal agency, including: ‘‘. . . (ii)
reforms proposed in this NOPR would Developing, acquiring, installing, and utilizing
Commission has the ability entertain amend the Commission’s regulations to technology and systems for the purpose of
such arguments at that time.41 improve the operation of organized collecting, validating, and verifying information;
wholesale electric power markets (iii) Developing, acquiring, installing, and utilizing
V. Statutory and Regulatory Review technology and systems for the purpose of
operated by RTOs and ISOs. The processing and maintaining information; (iv)
Section 403(a) of the DOE Act reforms proposed in this NOPR would Developing, acquiring, installing, and utilizing
authorizes the Secretary of Energy to require each RTO and ISO to implement technology and systems for the purpose of
propose rules with respect to any market rules that meet certain disclosing and providing information . . . .’’ 5 CFR
function within the jurisdiction of the 1320.3(b)(1) (2016). The time, effort, and financial
requirements for pricing resiliency resources necessary to comply with a collection of
Commission. Section 403(b) of that Act resources. The reforms proposed in this information that would be incurred by persons in
provides that the Commission shall NOPR would require one-time filings of the normal course of their activities (e.g., in
have exclusive jurisdiction over such tariffs with the Commission and compiling and maintaining business records) will
proposals. Accordingly, although the be excluded from the ‘‘burden’’ if the agency
potential software upgrades to demonstrates that the reporting, recordkeeping, or
proposal is that of the Secretary of implement the reforms proposed in this disclosure activities needed to comply are usual
Energy, the Commission is the agency NOPR. DOE anticipates the reforms and customary.
46 This estimate is based on the Commission’s
41 See, e.g., Order No. 825, FERC Stats. & Regs.
proposed in this NOPR, once
estimate used by the Commission in 157 FERC
¶ 31,384 at P 72; Demand Response Compensation
implemented, would not significantly ¶ 61,213, 18 CFR part 35 [Docket No. RM18–1–000]
in Organized Wholesale Energy Markets, Order No. change currently existing burdens on an Fast-Start Pricing in Markets Operated by Regional
745, FERC Stats. & Regs. ¶ 31,322, at P 4 & n.7, ongoing basis. With regard to those Transmission Organizations and Independent
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order on reh’g and clarification, Order No. 745–A, RTOs and ISOs that believe that they System Operators (December 15, 2016)]. For this
137 FERC ¶ 61,215 (2011), reh’g denied, Order No. information collection, the Commission staff
745–B, 138 FERC ¶ 61,148 (2012), vacated sub nom.
already comply with the reforms estimates that industry is similarly situated in terms
Elec. Power Supply Ass’n v. FERC, 753 F.3d 216 of hourly cost (wages plus benefits). Based on the
42 44 U.S.C. 3507(d).
(D.C. Cir. 2014), rev’d & remanded sub nom. FERC Commission’s average cost (wages plus benefits) for
v. Elec. Power Supply Ass’n, 136 S. Ct. 760 (2016). 43 5 CFR 1320. 2016, the Commission is using $74.50/hour.
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![Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules 46947
Annual Average burden hours Total annual burden Cost per
Number of number of Total number and cost per hours and total respondent
respondents responses per of responses response annual cost ($)
respondent
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)
Tariff filing costs ........... 6 1 6 80 hours, $5,920 ......... 480 hours, $35,520 ..... ........................
Implementation costs ... 6 1 6 3,853 hours, $285,122 23,118 hours, ........................
$1,710,732.
Total (one-time in ........................ ........................ ........................ 3,933 hours, $291,042 23,598 hours, 291,042
Year 1). $1,746,252.
Cost to Comply: The DOE has estimate in the proposed rule should be The RFA does not mandate any
projected the total cost of compliance, sent to the Commission in this docket particular outcome in a rulemaking. It
all within six months of a Final Rule and may also be sent to the Office of only requires consideration of
plus initial implementation, to be Information and Regulatory Affairs, alternatives that are less burdensome to
$1,746,252. After Year 1, the reforms Office of Management and Budget, 725 small entities and an agency
proposed in this NOPR, once 17th Street NW., Washington, DC 20503 explanation of why alternatives were
implemented, would not significantly [Attention: Desk Officer for the Federal rejected. The Small Business
change existing burdens on an ongoing Energy Regulatory Commission], at the Administration’s (SBA) Office of Size
basis. following email address: oira_ Standards develops the numerical
Title: PRA approval for this collection submission@omb.eop.gov. Please refer definition of a small business.52 These
of information will be obtained by to Docket No.: RM18–1–000 in your standards are provided on the SBA Web
FERC. submission. site.53
Action: Proposed revisions to an The SBA classifies an entity as an
VII. Environmental Analysis
information collection. electric utility if it is primarily engaged
OMB Control No.: [TBD]. Though the Commission is required to in the transmission, generation and/or
Respondents for this Rulemaking: prepare an Environmental Assessment distribution of electric energy for sale.
RTOs and ISOs. or an Environmental Impact Statement Under this definition, the six RTOs/
Frequency of Information: One-time for any action that may have a ISOs are considered electric utilities,
during year one. significant adverse effect on the human specifically focused on electric bulk
Necessity of Information: The DOE environment,48 the Commission has power and control. The size criterion for
proposes this rule to improve previously concluded 49 that neither an a small electric utility is 500 or fewer
competitive wholesale electric markets Environmental Assessment nor an employees.54 Since every RTO/ISO has
in the RTO and ISO regions. Environmental Impact Statement is more than 500 employees, none are
Internal Review: The DOE has required for a NOPR under section considered small entities. Furthermore,
reviewed the proposed changes and has 380.4(a)(15) of the Commission’s because of their pivotal roles in
determined that the changes are regulations, which provides a wholesale electric power markets in
necessary. These requirements conform categorical exemption for approval of their regions, none of the RTOs/ISOs
to the Commission’s need for efficient actions under sections 205 and 206 of meet the last criterion of the two-part
information collection, communication, the FPA relating to the filing of RFA definition of a small entity: ‘‘not
and management within the energy schedules containing all rates and dominant in its field of operation.’’ 55 As
industry. This estimate is based on the charges for the transmission or sale of a result, we certify that the reforms
Commission’s estimate in the NOPR for electric energy subject to the required by this NOPR would not have
‘‘Fast-Start Pricing in Markets Operated Commission’s jurisdiction, plus the a significant economic impact on a
by Regional Transmission Organizations classification, practices, contracts and substantial number of small entities.
and Independent System Operators’’ 47 regulations that affect rates, charges,
and DOE believes that the NOPR is classifications, and services.50 This IX. Executive Order 12866
similar and would impose similar NOPR would require an exercise of the This proposed rule has been
burden associated with the information Commission’s authority under sections determined not to be a significant
collection requirements. 205 and 206 of the FPA. regulatory action for purposes of
Interested persons may obtain
VIII. Regulatory Flexibility Act
information on the reporting 52 13 CFR 121.101.
requirements by contacting the The Regulatory Flexibility Act of 1980 53 U.S.Small Business Administration, Table of
following: Federal Energy Regulatory (RFA) 51 generally requires a description Small Business Size Standards Matched to North
Commission, 888 First Street NE., and analysis of proposed rules that will American Industry Classification System Codes
have significant economic impact on a (effective Feb. 26, 2016), https://www.sba.gov/sites/
Washington, DC 20426, Attention: default/files/files/Size_Standards_Table.pdf.
Office of the Executive Director, email: substantial number of small entities. 54 13 CFR 121.201 (Sector 22, Utilities).
DataClearance@ferc.gov, Phone: (202)
Pmangrum on DSK3GDR082PROD with PROPOSALS
55 The RFA definition of ‘‘small entity’’ refers to
48 Regulations Implementing the National
502–6608, fax: (202) 273–0873. the definition provided in the Small Business Act,
Environmental Policy Act of 1969, Order No. 486, which defines a ‘‘small business concern’’ as a
Comments on the collection of FERC Stats. & Regs. ¶ 30,783 (1987). business that is independently owned and operated
information and the associated burden 49 157 FERC ¶ 61,213, 18 CFR part 35 [Docket No.
and that is not dominant in its field of operation.
RM18–1–000] Fast-Start Pricing in Markets The Small Business Administration’s regulations at
47 157 FERC ¶ 61,213, 18 CFR part 35 [Docket No. Operated by Regional Transmission Organizations 13 CFR 121.201 define the threshold for a small
RM18–1–000], Fast-Start Pricing in Markets and Independent System Operators (December 15, Electric Bulk Power Transmission and Control
Operated by Regional Transmission Organizations 2016)] at para. 73. entity (NAICS code 221121) to be 500 employees.
50 18 CFR 380.4(a)(15).
and Independent System Operators (December 15, See 5 U.S.C. 601(3) (citing to section 3 of the Small
2016). 51 5 U.S.C. 601–12. Business Act, 15 U.S.C. 632).
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![46948 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules
Executive Order 12866. As a result this § 35.28 Non-discriminatory open access DEPARTMENT OF HOMELAND
rule was not reviewed by the Office of transmission tariff. SECURITY
Management and Budget. * * * * *
(g) * * * Coast Guard
X. Document Availability (10) Pricing eligible grid reliability
In addition to publishing the full text and resiliency resources. 33 CFR Part 117
of this document in the Federal (i) Definition of eligible grid reliability
[Docket No. USCG–2017–0750]
Register, the Commission provides all and resiliency resources. An eligible
interested persons an opportunity to grid reliability and resiliency resource is RIN 1625–AA09
view and/or print the contents of this any resource that:
(A) Is an electric generation resource Drawbridge Operation Regulation;
document via the Internet through the
physically located within a Pequonnock River, Bridgeport, CT
Commission’s Home Page (http://
www.ferc.gov) and in the Commission’s Commission-approved independent AGENCY: Coast Guard, DHS.
Public Reference Room during normal system operator or regional transmission
organization; ACTION: Notice of proposed rulemaking.
business hours (8:30 a.m. to 5:00 p.m.
(B) Is able to provide essential energy SUMMARY: The Coast Guard proposes to
Eastern time) at 888 First Street NE.,
and ancillary reliability services, modify the operating schedule that
Room 2A, Washington, DC 20426.
including but not limited to voltage governs the Metro-North Peck Bridge
From the Commission’s Home Page support, frequency services, operating
on the Internet, this information is across the Pequonnock River, mile 0.3,
reserves, and reactive power; at Bridgeport, Connecticut. The owner
available on eLibrary. The full text of (C) Has a 90-day fuel supply on site
this document is available on eLibrary of the bridge, Metro-North Railroad, has
enabling it to operate during an submitted a request that vessels seeking
in PDF and Microsoft Word format for emergency, extreme weather conditions,
viewing, printing, and/or downloading. an opening of the draw submit a
or a natural or man-made disaster; minimum of four hours of advance
To access this document in eLibrary, (D) Is compliant with all applicable
type the docket number excluding the notice. It is expected this change to the
federal, state, and local environmental
last three digits of this document in the regulations will better serve the needs of
laws, rules, and regulations; and
docket number field. (E) Is not subject to cost of service rate the public, particularly commuters and
regulation by any state or local commercial interests utilizing the
83. User assistance is available for
regulatory authority. Northeast Corridor rail spur, while
eLibrary and the Commission’s Web site
(ii) Scope of application. The continuing to meet the reasonable needs
during normal business hours from the
requirements of this rule shall apply to of navigation.
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676) Commission-approved independent DATES: Comments and related material
or email at ferconlinesupport@ferc.gov, system operators or regional must reach the Coast Guard on or before
or the Public Reference Room at (202) transmission organizations with energy November 9, 2017.
502–8371, TTY (202) 502–8659. Email and capacity markets and a tariff that ADDRESSES: You may submit comments
the Public Reference Room at contains a day-ahead and a real-time identified by docket number USCG–
public.referenceroom@ferc.gov. market or the functional equivalent. The 2017–0750 using Federal eRulemaking
application of this rule must be Portal at http://www.regulations.gov.
XI. Approval of the Office of the consistent between the day-ahead and See the ‘‘Public Participation and
Secretary real-time markets. Request for Comments’’ portion of the
The Secretary of Energy has approved (iii) Reliability and resiliency rate. (A) SUPPLEMENTARY INFORMATION section
the publication of this proposed rule. Each Commission-approved below for instructions on submitting
independent system operator or regional comments.
List of Subjects in 10 CFR Part 35 transmission organization shall FOR FURTHER INFORMATION CONTACT: If
establish a tariff that provides a just and you have questions on this proposed
Electric power rates, electric utilities,
reasonable rate for the— rule, call or email Mr. James Moore,
reporting and recordkeeping
(1) Purchase of electric energy from an
requirements. Project Officer, First Coast Guard
eligible reliability and resiliency
Issued in Washington, DC, on September District, telephone 212–514–4334, email
resource; and
29, 2017. (2) recovery of costs and a return on James.M.Moore2@uscg.mil.
Rick Perry, equity for such resource dispatched SUPPLEMENTARY INFORMATION:
Secretary of Energy. during grid operations. I. Table of Abbreviations
(B) The just and reasonable rate shall
For the reasons stated in the include pricing to ensure that each CFR Code of Federal Regulations
preamble, DOE proposes that FERC DHS Department of Homeland Security
eligible resource is fully compensated
amend part 35, chapter I of title 18, E.O. Executive order
for the benefits and services it provides FR Federal Register
subchapter B, Code of Federal to grid operations, including reliability,
Regulations as set forth below: NPRM Notice of proposed rulemaking
resiliency and on-site fuel-assurance, Pub. L. Public Law
and that each eligible resource recovers § Section
PART 35—FILING OF RATE
its fully allocated costs and a fair return U.S.C. United States Code
Pmangrum on DSK3GDR082PROD with PROPOSALS
SCHEDULES AND TARIFFS
on equity.
(iv) Reliability and resiliency costs. II. Background, Purpose and Legal
■ 1. The authority citation for part 35 Basis
Compensable costs shall include, but
continues to read as follows:
not be limited to, operating and fuel The Metro-North Peck Bridge, mile
Authority: 16 U.S.C. 791a–825r; 2601– expenses, costs of capital and debt, and
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
0.3, across the Pequonnock River at
a fair return on equity and investment. Bridgeport, Connecticut, has a vertical
■ 2. Section 35.28 is amended by adding [FR Doc. 2017–21396 Filed 10–6–17; 8:45 am] clearance of 26 feet at Mean High Water
paragraph (g)(10) to read as follows: BILLING CODE 6717–01–P and 32 feet at Mean Low Water when
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Document Created: 2017-10-07 10:32:12
Document Modified: 2017-10-07 10:32:12
| 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 | The Commission is directed either to take final action by December 11, 2017 or to issue the proposed rule as an interim final rule. Public comment is due either November 24, 2017 or according to a schedule to be published by the Commission. | |
| Contact | Ronald (R.J.) Colwell, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity and Fossil Energy (GC-76), Forrestal Building, Room 6D-033, 1000 Independence Avenue SW., Washington, DC 20585; (202) 586-9507; email [email protected] | |
| FR Citation | 82 FR 46940 | |
| CFR Associated | Electric Power Rates; Electric Utilities and Reporting and Recordkeeping Requirements |
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