Standards of Conduct for Transmission Providers, 30056-30058 [06-4841]
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30056
Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations
Applicability
(c) This AD applies to Boeing Model 767–
200 and –300 series airplanes, certificated in
any category; as identified in Boeing Special
Attention Service Bulletin 767–25–0336,
Revision 2, dated August 11, 2005.
Unsafe Condition
(d) This AD results from test data
indicating that outboard overhead stowage
bins are unable to withstand the 4.5g download standard intended to protect passengers
during flight turbulence or a hard landing.
We are issuing this AD to prevent the
stowage bins from opening during flight
turbulence or a hard landing, which could
result in the contents of the stowage bins
falling onto the passenger seats below and
injuring passengers, or blocking the aisles,
impeding the evacuation of passengers in an
emergency.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replacement of Placards and Installation of
Partial Divider Panels and Life Raft Straps
(f) Within 72 months after the effective
date of this AD: Replace the placards on
certain stowage bins with new placards,
install partial dividers in certain other
stowage bins, and install straps on stowage
bins containing life rafts, in accordance with
the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 767–25–
0336, Revision 2, dated August 11, 2005.
Actions Required To Be Accomplished Prior
to or Concurrently With Paragraph (f) of
This AD
(g) For Group 1 airplanes as identified in
Boeing Special Attention Service Bulletin
767–25–0336, Revision 2, dated August 11,
2005: Prior to or concurrently with the
accomplishment of paragraph (f) of this AD,
replace the door latches, strikes, and
thresholds on the outboard overhead stowage
compartments with new latches, strikes, and
thresholds. Do the replacement in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin 767–25–0211,
Revision 1, dated July 14, 1994.
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Actions Accomplished Previously
(h) Accomplishment of the stowage bin
modifications required by paragraph (f) of
this AD in accordance with Boeing Special
Attention Service Bulletin 767–25–0336,
dated May 15, 2003; or Revision 1, dated
October 21, 2004; and paragraph (g) of this
AD in accordance with Boeing Service
Bulletin 767–25–0211, dated August 12,
1993; before the effective date of this AD; is
considered acceptable for compliance with
the corresponding requirements of this AD.
Parts Installation
(i) As of the effective date of this AD, no
person may install on any airplane a stowage
bin having a part number identified in Table
2 of Figure 1 of Boeing Special Attention
Service Bulletin 767–25–0336, Revision 2,
dated August 11, 2005, unless it has been
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15:40 May 24, 2006
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modified by performing the applicable
actions in paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Material Incorporated by Reference
(k) You must use Boeing Special Attention
Service Bulletin 767–25–0336, Revision 2,
dated August 11, 2005; and Boeing Service
Bulletin 767–25–0211, Revision 1, dated July
14, 1994; as applicable; to perform the
actions that are required by this AD, unless
the AD specifies otherwise. The Director of
the Federal Register approved the
incorporation by reference of these
documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207, for a copy
of this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to
https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
event of a grid disturbance, a
Transmission Provider may
communicate to an affiliated nuclear
power plant specific information about
transmission system conditions on a
real-time basis.
DATES: Effective Date: The Order on
Request for Additional Clarification will
become effective May 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Mary Kipp, Office of Enforcement,
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426. (202) 502–8228.
mary.kipp@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher,
Chairman; Nora Mead Brownell, and
Suedeen G. Kelly.
Federal Energy Regulatory
Commission; DOE.
ACTION: Order on Request for Additional
Clarification.
Order on Request for Additional
Clarification
1. In this order, the Commission
addresses the request seeking
clarification of the Commission’s
February 16, 2006 ‘‘Interpretive Order
Relating to the Standards of Conduct’’
(Interpretive Order).1 The Interpretive
Order clarified that, subject to the noconduit rule, Transmission Providers
may communicate with affiliated
nuclear power plants regarding certain
matters related to the safety and
reliability of the transmission system, in
order to comply with requirements of
the Nuclear Regulatory Commission
(NRC). For the reasons discussed herein,
we grant the request for additional
clarification.
2. On March 20, 2006, Exelon
Corporation (‘‘Exelon’’) filed comments
and a request for clarification of the
Interpretive Order. Specifically, Exelon
requests that the Commission clarify
that a Transmission Provider can
provide its affiliated nuclear power
plants (‘‘NPPs’’) with specific
information concerning the location and
nature of grid disturbances that
potentially threaten the grid’s ability to
provide power to a plant’s safety
systems. On March 21, 2006, the
Nuclear Energy Institute (‘‘NEI’’) filed
comments in support of Exelon’s
position. In this order, the Commission
clarifies that, in the event of a grid
disturbance, a Transmission Provider
may communicate to an affiliated NPP
specific information about transmission
system conditions on a real-time basis,
including: (i) A technical description of
the grid disturbance, along with its
specific location on the system; (ii) the
grid elements, whether lines,
substations, or other elements, that may
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
issuing this Order to clarify that, in the
1 Interpretive Order Relating to the Standards of
Conduct, 71 FR 9446 (Feb. 24, 2006), FERC Stats.
& Regs. ¶ 31,206 (2006).
Issued in Renton, Washington, on May 9,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–4803 Filed 5–24–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 358
[Docket No. RM01–10–005]
Standards of Conduct for
Transmission Providers
Issued May 18, 2006.
AGENCY:
PO 00000
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations
be affected by the disturbance, and their
specific locations on the system; (iii) the
projected duration of the disturbance;
and (iv) steps being taken by the
Transmission Provider to resolve the
disturbance. This order benefits
customers because it clarifies that
Transmission Providers and NPPs may
share information necessary to maintain
the safety and reliability of the
transmission grid while ensuring that
there is no undue preference or services.
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I. Background
3. On November 25, 2003, the
Commission issued a Final Rule
adopting Standards of Conduct for
Transmission Providers (Order No.
2004).2 Under Order No. 2004, the
Standards of Conduct govern the
relationships between Transmission
Providers and all of their Marketing
Affiliates and Energy Affiliates. The
Standards of Conduct also contain
various information-sharing
prohibitions to help ensure that
Transmission Providers do not use their
access to information about
transmission to unfairly benefit their
own or their affiliates’ sales to the
detriment of competitive markets.
Absent one of the exceptions articulated
in section 358.5 of the Commission’s
regulations, if a Transmission Provider
discloses transmission information to its
Marketing or Energy Affiliate, the
Transmission Provider is required to
immediately post that information on its
OASIS or Internet Web site.
4. On February 16, 2006, the
Commission issued the Interpretive
Order. The Interpretive Order clarified
that sections 358.5(a) and (b) of the
Commission’s regulations, 18 CFR
358.5(a) and (b) (2005), do not prohibit
a Transmission Provider and its
affiliated NPP from engaging in
necessary communications related to
the safety and reliability of the
transmission system or the NPP,
including information relating to the
loss of or potential loss of transmission
lines that provide off-site power to the
NPP.3 The Commission issued the
Interpretive Order to clarify that
Transmission Providers may
communicate with affiliated and non2 Standards of Conduct for Transmission
Providers, Order No. 2004, FERC Stats. & Regs.,
Regulations Preambles ¶ 31,155 (2003), order on
reh’g, Order No. 2004–A, III FERC Stats. & Regs.
¶ 31,161 (2004), 107 FERC ¶ 61,032 (2004), order on
reh’g, Order No. 2004–B, III FERC Stats. & Regs.
¶ 31,166 (2004), 108 FERC ¶ 61,118 (2004), order on
reh’g, Order No. 2004–C, 109 FERC ¶ 61,325 (2004),
order on reh’g, Order No. 2004–D, 110 FERC
¶ 61,320 (2005), appeal docketed sub nom.,
National Gas Fuel Supply Corporation v. FERC, No.
04–1183 (DC Cir. June 9, 2004).
3 Interpretive Order at P 1.
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affiliated NPPs to enable the NPPs to
comply with the requirements of the
NRC as described in the NRC’s February
1, 2006 Generic Letter 2006–002, Grid
Reliability and the Impact on Plant Risk
and the Operability of Offsite Power (the
‘‘Generic Letter’’).4 The Commission
also reemphasized that, although such
communications are permitted, the NPP
operator is prohibited from being a
conduit for sharing this information
with employees of other Marketing or
Energy Affiliates. 18 CFR 358.5(b)(7)
(2005).5
5. Although no public notice or
comment on the Interpretive Order was
required pursuant to section 4(b)(A) of
the Administrative Procedure Act, 5
U.S.C. 533(b)(A) (2000), which exempts
from such notice or comment
‘‘interpretive rules, general statements
of policy or rules of agency
organization, procedure or practice,’’ the
Commission invited all interested
persons to submit written comments.6
Comments were due March 20, 2006.
Reply comments were due on April 19,
2006. The Generic Letter and the
Interpretive Order were also discussed
at the first ever joint meeting of the
Commission and the NRC held on April
24, 2006.
6. Exelon filed timely comments in
which it expresses agreement with the
Commission that the clarifications set
forth in the Interpretive Order will
enhance safe operations at nuclear
facilities. Exelon also requests that the
Commission make additional
clarifications. NEI filed comments in
support of Exelon’s position. No other
comments or reply comments were
filed.
7. Exelon argues that, while the
Interpretive Order expressly held that
Transmission Providers may
communicate information on grid
disturbances and the duration of power
unavailability, the Interpretive Order
only implicitly approved disclosure of
the location and nature of the
disturbance. Exelon asserts that such
information clearly encompasses the
‘‘necessary communications related to
safety or reliability that the Standards of
Conduct are not intended to impede.’’
Thus, Exelon asks that the Commission
further clarify that, subject to the noconduit rule, a Transmission Provider
may provide its affiliated NPPs with
specific information concerning the
location and nature of grid disturbances
4 Id. referencing Nuclear Regulatory
Commission’s Generic Letter 2006–002, Grid
Reliability and the Impact on Plant Risk and the
Operability of Offsite Power. February 1, 2006.
OMB Control No.: 3150–0011.
5 Interpretive Order at P 6.
6 Id. at P 10.
PO 00000
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30057
that potentially threaten the grid’s
ability to provide power to a plant’s
safety systems.
8. Exelon asserts that grid conditions
may not only interfere with NPP access
to offsite power, but may also require
the Transmission Provider to ask the
NPP to take some action, such as
reducing output or operating switchyard
equipment. In addition, Exelon points
out that grid conditions may involve
actual system emergencies or
transmission element outages that create
contingencies. Finally, Exelon states
that grid conditions that may impact an
NPP may occur on transmission system
elements directly connected to the NPP,
on more remote elements on the
Transmission Provider’s system, or even
on elements in the system of another
Transmission Provider. Exelon argues
that under any and all such conditions,
the NPP needs to know whether an
affiliated Transmission Provider may
disclose to an NPP specific information
about transmission system conditions
on a real-time basis, including: (i) A
technical description of the grid
disturbance, along with its specific
location on the system; (ii) the grid
elements, whether lines, substations, or
other elements, that may be affected by
the disturbance, and their specific
locations on the system; (iii) the
projected duration of the disturbance;
and (iv) steps being taken by the
Transmission Provider to resolve the
disturbance.
II. Commission Decision
9. In the Interpretive Order the
Commission recognized that, in
addition to permitting communications
necessary to operate and maintain the
transmission system, the Transmission
Provider and its interconnected NPP
must engage in certain limited
communications to operate and
maintain the interconnection and the
safety and reliability of the NPP.7
Consequently, the Commission clarified
that permitted communications may
include, inter alia, information on grid
disturbances and the duration of power
unavailability in order for the NPP to
plan for off-site power in the event of a
grid-related loss of power or station
blackout, as required by the NRC.8
10. The Commission did not intend to
restrict to generalized information the
types of communications that comprise
‘‘information on grid disturbances and
the duration of power unavailability’’ as
used in the Interpretive Order. Rather,
the Commission intends that, subject to
the no conduit rule, Transmission
7 Id.
at P 7.
8 Id.
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30058
Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations
Providers and their affiliated NPPs may
communicate as necessary to preserve
the safety and reliability of the grid, the
interconnection, and the NPP. The
Commission agrees with Exelon that it
may be necessary for the Transmission
Provider and the NPP to discuss specific
technical information.
11. Accordingly, the Commission
specifically clarifies that ‘‘information
on grid disturbances and the duration of
power unavailability’’ as used in the
Interpretive Order encompasses specific
information about transmission system
conditions on a real-time basis,
including: (i) A technical description of
the grid disturbance, along with its
specific location on the system; (ii) the
grid elements, whether lines,
substations, or other elements, that may
be affected by the disturbance, and their
specific locations on the system; (iii) the
projected duration of the disturbance;
and (iv) steps being taken by the
Transmission Provider to resolve the
disturbance.
III. Document Availability
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12. 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 (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE.,
Room 2A, Washington, DC 20426.
13. From the Commission’s Home
Page on the Internet, this information is
available in the Commission’s document
management system, 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.
14. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours. For
assistance, please contact FERC Online
Support at 1–866–208–3676 (toll free) or
(202) 502–8222 (e-mail at
FERCOnlineSupport@FERC.gov), or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659 (e-mail at
public.referenceroom@ferc.gov).
By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. 06–4841 Filed 5–24–06; 8:45 am]
BILLING CODE 6717–01–P
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15:40 May 24, 2006
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD08–06–016]
RIN 1625–AA09
Drawbridge Operation Regulations;
Massalina Bayou, Panama City, FL
Coast Guard, DHS.
Temporary rule.
AGENCY:
ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District, has temporarily
changed the regulation governing the
operation of the Tarpon Dock bascule
span drawbridge across Massalina
Bayou, mile 0.0, at Panama City, Bay
County, Florida. The regulation will
allow the draw of the bridge to remain
closed to navigation for one hour to
facilitate the American Heart Walk.
DATES: This temporary rule is effective
from 9 a.m. to 10 a.m. on October 28,
2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD08–06–
016] and are available for inspection or
copying at the office of the Eighth Coast
Guard District, Bridge Administration
Branch, 500 Poydras Street, New
Orleans, Louisiana 70130–3310,
between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
The telephone number is (504) 589–
2965. The Eighth District Bridge
Administration Branch maintains the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
David Frank, Bridge Administration
Branch, (504) 589–2965.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an
NPRM
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Thousands
of pedestrians will cross the bridge
during the event and this temporary rule
is necessary to ensure their safety as
they cross the bridge. Additionally, the
event will only impact the waterway
users for one hour and will open for
vessels in distress.
Background and Purpose
The American Heart Association, on
behalf of the City of Panama City, has
requested a temporary rule changing the
operation of the Tarpon Dock bascule
span drawbridge across Massalina
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Bayou, mile 0.0, in Panama City, Bay
County, Florida. This temporary rule is
needed to accommodate approximately
2,000 pedestrians that are expected to
participate in a 3.5-mile walk. The
bridge is near the beginning of the walk
and allowing the bridge to open for
navigation during this short time period
would disrupt the event and could
result in injury. The bridge has a
vertical clearance of 7 feet above mean
high water in the closed-to-navigation
position and unlimited in the open-tonavigation position. Navigation on the
waterway consists primarily of
commercial fishing vessels, sailing
vessels and other recreational craft.
Presently, 33 CFR 117.301 states: ‘‘The
draw of the Tarpon Dock bascule span
bridge, Massalina Bayou, mile 0.0, shall
open on signal; except that from 9 p.m.
until 11 p.m. on July 4, each year, the
draw need not open for the passage of
vessels. The draw will open at any time
for a vessel in distress.’’ This temporary
rule will allow the bridge to be
maintained in the closed-to-navigation
position from 9 a.m. to 10 a.m. on
October 28, 2006 to facilitate the
American Heart Walk.
Discussion of Rule
The Coast Guard is temporarily
changing the regulation in 33 CFR part
117. The temporary change allows the
bridge to remain closed for one hour to
facilitate a community activity and will
minimally affect waterway users
wishing to transit through the bridge on
this date. This event is an annual event
and waterway users have never
expressed any concerns regarding the
delays to facilitate this event.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This temporary
rule will be only one hour in duration
and is therefore expected to have only
a minor affect on the local economy.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
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]]>Agencies
[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30056-30058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4841]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 358
[Docket No. RM01-10-005]
Standards of Conduct for Transmission Providers
Issued May 18, 2006.
AGENCY: Federal Energy Regulatory Commission; DOE.
ACTION: Order on Request for Additional Clarification.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
issuing this Order to clarify that, in the event of a grid disturbance,
a Transmission Provider may communicate to an affiliated nuclear power
plant specific information about transmission system conditions on a
real-time basis.
DATES: Effective Date: The Order on Request for Additional
Clarification will become effective May 25, 2006.
FOR FURTHER INFORMATION CONTACT: Mary Kipp, Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. (202) 502-8228. mary.kipp@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead
Brownell, and Suedeen G. Kelly.
Order on Request for Additional Clarification
1. In this order, the Commission addresses the request seeking
clarification of the Commission's February 16, 2006 ``Interpretive
Order Relating to the Standards of Conduct'' (Interpretive Order).\1\
The Interpretive Order clarified that, subject to the no-conduit rule,
Transmission Providers may communicate with affiliated nuclear power
plants regarding certain matters related to the safety and reliability
of the transmission system, in order to comply with requirements of the
Nuclear Regulatory Commission (NRC). For the reasons discussed herein,
we grant the request for additional clarification.
---------------------------------------------------------------------------
\1\ Interpretive Order Relating to the Standards of Conduct, 71
FR 9446 (Feb. 24, 2006), FERC Stats. & Regs. ] 31,206 (2006).
---------------------------------------------------------------------------
2. On March 20, 2006, Exelon Corporation (``Exelon'') filed
comments and a request for clarification of the Interpretive Order.
Specifically, Exelon requests that the Commission clarify that a
Transmission Provider can provide its affiliated nuclear power plants
(``NPPs'') with specific information concerning the location and nature
of grid disturbances that potentially threaten the grid's ability to
provide power to a plant's safety systems. On March 21, 2006, the
Nuclear Energy Institute (``NEI'') filed comments in support of
Exelon's position. In this order, the Commission clarifies that, in the
event of a grid disturbance, a Transmission Provider may communicate to
an affiliated NPP specific information about transmission system
conditions on a real-time basis, including: (i) A technical description
of the grid disturbance, along with its specific location on the
system; (ii) the grid elements, whether lines, substations, or other
elements, that may
[[Page 30057]]
be affected by the disturbance, and their specific locations on the
system; (iii) the projected duration of the disturbance; and (iv) steps
being taken by the Transmission Provider to resolve the disturbance.
This order benefits customers because it clarifies that Transmission
Providers and NPPs may share information necessary to maintain the
safety and reliability of the transmission grid while ensuring that
there is no undue preference or services.
I. Background
3. On November 25, 2003, the Commission issued a Final Rule
adopting Standards of Conduct for Transmission Providers (Order No.
2004).\2\ Under Order No. 2004, the Standards of Conduct govern the
relationships between Transmission Providers and all of their Marketing
Affiliates and Energy Affiliates. The Standards of Conduct also contain
various information-sharing prohibitions to help ensure that
Transmission Providers do not use their access to information about
transmission to unfairly benefit their own or their affiliates' sales
to the detriment of competitive markets. Absent one of the exceptions
articulated in section 358.5 of the Commission's regulations, if a
Transmission Provider discloses transmission information to its
Marketing or Energy Affiliate, the Transmission Provider is required to
immediately post that information on its OASIS or Internet Web site.
---------------------------------------------------------------------------
\2\ Standards of Conduct for Transmission Providers, Order No.
2004, FERC Stats. & Regs., Regulations Preambles ] 31,155 (2003),
order on reh'g, Order No. 2004-A, III FERC Stats. & Regs. ] 31,161
(2004), 107 FERC ] 61,032 (2004), order on reh'g, Order No. 2004-B,
III FERC Stats. & Regs. ] 31,166 (2004), 108 FERC ] 61,118 (2004),
order on reh'g, Order No. 2004-C, 109 FERC ] 61,325 (2004), order on
reh'g, Order No. 2004-D, 110 FERC ] 61,320 (2005), appeal docketed
sub nom., National Gas Fuel Supply Corporation v. FERC, No. 04-1183
(DC Cir. June 9, 2004).
---------------------------------------------------------------------------
4. On February 16, 2006, the Commission issued the Interpretive
Order. The Interpretive Order clarified that sections 358.5(a) and (b)
of the Commission's regulations, 18 CFR 358.5(a) and (b) (2005), do not
prohibit a Transmission Provider and its affiliated NPP from engaging
in necessary communications related to the safety and reliability of
the transmission system or the NPP, including information relating to
the loss of or potential loss of transmission lines that provide off-
site power to the NPP.\3\ The Commission issued the Interpretive Order
to clarify that Transmission Providers may communicate with affiliated
and non-affiliated NPPs to enable the NPPs to comply with the
requirements of the NRC as described in the NRC's February 1, 2006
Generic Letter 2006-002, Grid Reliability and the Impact on Plant Risk
and the Operability of Offsite Power (the ``Generic Letter'').\4\ The
Commission also reemphasized that, although such communications are
permitted, the NPP operator is prohibited from being a conduit for
sharing this information with employees of other Marketing or Energy
Affiliates. 18 CFR 358.5(b)(7) (2005).\5\
---------------------------------------------------------------------------
\3\ Interpretive Order at P 1.
\4\ Id. referencing Nuclear Regulatory Commission's Generic
Letter 2006-002, Grid Reliability and the Impact on Plant Risk and
the Operability of Offsite Power. February 1, 2006. OMB Control No.:
3150-0011.
\5\ Interpretive Order at P 6.
---------------------------------------------------------------------------
5. Although no public notice or comment on the Interpretive Order
was required pursuant to section 4(b)(A) of the Administrative
Procedure Act, 5 U.S.C. 533(b)(A) (2000), which exempts from such
notice or comment ``interpretive rules, general statements of policy or
rules of agency organization, procedure or practice,'' the Commission
invited all interested persons to submit written comments.\6\ Comments
were due March 20, 2006. Reply comments were due on April 19, 2006. The
Generic Letter and the Interpretive Order were also discussed at the
first ever joint meeting of the Commission and the NRC held on April
24, 2006.
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\6\ Id. at P 10.
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6. Exelon filed timely comments in which it expresses agreement
with the Commission that the clarifications set forth in the
Interpretive Order will enhance safe operations at nuclear facilities.
Exelon also requests that the Commission make additional
clarifications. NEI filed comments in support of Exelon's position. No
other comments or reply comments were filed.
7. Exelon argues that, while the Interpretive Order expressly held
that Transmission Providers may communicate information on grid
disturbances and the duration of power unavailability, the Interpretive
Order only implicitly approved disclosure of the location and nature of
the disturbance. Exelon asserts that such information clearly
encompasses the ``necessary communications related to safety or
reliability that the Standards of Conduct are not intended to impede.''
Thus, Exelon asks that the Commission further clarify that, subject to
the no-conduit rule, a Transmission Provider may provide its affiliated
NPPs with specific information concerning the location and nature of
grid disturbances that potentially threaten the grid's ability to
provide power to a plant's safety systems.
8. Exelon asserts that grid conditions may not only interfere with
NPP access to offsite power, but may also require the Transmission
Provider to ask the NPP to take some action, such as reducing output or
operating switchyard equipment. In addition, Exelon points out that
grid conditions may involve actual system emergencies or transmission
element outages that create contingencies. Finally, Exelon states that
grid conditions that may impact an NPP may occur on transmission system
elements directly connected to the NPP, on more remote elements on the
Transmission Provider's system, or even on elements in the system of
another Transmission Provider. Exelon argues that under any and all
such conditions, the NPP needs to know whether an affiliated
Transmission Provider may disclose to an NPP specific information about
transmission system conditions on a real-time basis, including: (i) A
technical description of the grid disturbance, along with its specific
location on the system; (ii) the grid elements, whether lines,
substations, or other elements, that may be affected by the
disturbance, and their specific locations on the system; (iii) the
projected duration of the disturbance; and (iv) steps being taken by
the Transmission Provider to resolve the disturbance.
II. Commission Decision
9. In the Interpretive Order the Commission recognized that, in
addition to permitting communications necessary to operate and maintain
the transmission system, the Transmission Provider and its
interconnected NPP must engage in certain limited communications to
operate and maintain the interconnection and the safety and reliability
of the NPP.\7\ Consequently, the Commission clarified that permitted
communications may include, inter alia, information on grid
disturbances and the duration of power unavailability in order for the
NPP to plan for off-site power in the event of a grid-related loss of
power or station blackout, as required by the NRC.\8\
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\7\ Id. at P 7.
\8\ Id.
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10. The Commission did not intend to restrict to generalized
information the types of communications that comprise ``information on
grid disturbances and the duration of power unavailability'' as used in
the Interpretive Order. Rather, the Commission intends that, subject to
the no conduit rule, Transmission
[[Page 30058]]
Providers and their affiliated NPPs may communicate as necessary to
preserve the safety and reliability of the grid, the interconnection,
and the NPP. The Commission agrees with Exelon that it may be necessary
for the Transmission Provider and the NPP to discuss specific technical
information.
11. Accordingly, the Commission specifically clarifies that
``information on grid disturbances and the duration of power
unavailability'' as used in the Interpretive Order encompasses specific
information about transmission system conditions on a real-time basis,
including: (i) A technical description of the grid disturbance, along
with its specific location on the system; (ii) the grid elements,
whether lines, substations, or other elements, that may be affected by
the disturbance, and their specific locations on the system; (iii) the
projected duration of the disturbance; and (iv) steps being taken by
the Transmission Provider to resolve the disturbance.
III. Document Availability
12. 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 (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
13. From the Commission's Home Page on the Internet, this
information is available in the Commission's document management
system, 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.
14. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
FERC Online Support at 1-866-208-3676 (toll free) or (202) 502-8222 (e-
mail at FERCOnlineSupport@FERC.gov), or the Public Reference Room at
(202) 502-8371, TTY (202) 502-8659 (e-mail at
public.referenceroom@ferc.gov).
By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. 06-4841 Filed 5-24-06; 8:45 am]
BILLING CODE 6717-01-P
