Preventing Undue Discrimination and Preference in Transmission Service, 18569-18572 [E7-7000]
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Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
7400.9 and publication of conforming
amendments.
Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–5898; fax:
(907) 271–2850; e-mail:
gary.ctr.rolf@faa.gov. Internet address:
https://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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History
On Thursday, January 18, 2007, the
FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR
part 71) to revise Class E airspace
upward form 700 ft. and 1,200 ft. above
the surface at Valdez Pioneer Field, AK
(72 FR2213). The action was proposed
in order to create Class E airspace
sufficient in size to contain aircraft
while executing two new SIAPs for the
Valdez Pioneer Field Airport. The
approaches are (1) Localizer Type
Directional Aid (LDA)/Distance
Measuring Equipment (DME)–G,
Original and (2) LDA–H, Original. The
LDA–G is a Special SIAP and will not
be published in the U.S. Terminal
Procedures (Alaska) publication. Class E
controlled airspace extending upward
from 700 ft. and 1,200 ft. above the
surface in the Valdez, AK area is revised
by this action. In the Notice of Proposed
Rulemaking, the airport name was not
fully articulated. The full and proper
designation (Valdez Pioneer Field) is
included in this rule. The location of the
localizer has also been updated to
reflect accurate position.
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No public comments have been
received; thus the rule is adopted as
proposed.
The area will be depicted on
aeronautical charts for pilot reference.
The coordinates for this airspace docket
are based on North American Datum 83.
The Class E airspace areas designated as
700/1,200 ft. transition areas are
published in paragraph 6005 of FAA
Order 7400.9P, Airspace Designations
and Reporting Points, dated September
1, 2006, and effective September 15,
2006, which is incorporated by
reference in 14 CFR 71.1. The Class E
airspace designations listed in this
document will be published
subsequently in the Order.
The Rule
This amendment to 14 CFR part 71
revises Class E airspace at the Valdez
Pioneer Field Airport, Alaska. This
VerDate Aug<31>2005
14:52 Apr 12, 2007
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Class E airspace is revised to
accommodate aircraft executing SIAPs,
and will be depicted on aeronautical
charts for pilot reference. The intended
effect of this rule is to provide adequate
controlled airspace for IFR operations at
the Valdez Pioneer Field Airport,
Valdez, Alaska.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle 1, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart 1, Section
40103, Sovereignty and use of airspace.
Under that section, the FAA is charged
with prescribing regulations to ensure
the safe and efficient use of the
navigable airspace. This regulation is
within the scope of that authority
because it creates Class E airspace
sufficient in size to contain aircraft
executing instrument procedures for the
Valdez Pioneer Field Airport and
represents the FAA’s continuing effort
to safely and efficiently use the
navigable airspace.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
18569
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 30103, 40120;
E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963
Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9P, Airspace
Designations and Reporting Points,
dated September 1, 2006, and effective
September 15, 2006, is amended as
follows:
I
*
*
*
*
*
Paragraph 6005 Class E Airspace Extending
Upward from 700 feet or More Above the
Surface of the Earth.
*
*
*
*
*
AAL AK E5 Valdez, AK
Valdez Pioneer Field, AK
(Lat. 61°08′02″ N, long. 146°14′54″ W.)
Valdez Localizer
(Lat. 61°08′10″ N, long. 146°13′15″ W.)
Johnstone Point VORTAC
(Lat. 60°28′51″ N, long. 146°35′58″ W.)
That airspace extending upward from 700
feet above the surface within a 6.6-mile
radius of the Valdez Pioneer Field Airport,
AK, and within 3.1 miles each side of the
Valdez Localizer front course extending from
the 6.6-mile radius to 12.8 miles southwest
of the Valdez Localizer; and that airspace
extending upward from 1,200 feet above the
surface within 50 miles of the Johnstone
Point VORTAC, AK, extending clockwise
from the Johnstone Point VORTAC, AK, 200°
radial to the 076° radial.
*
*
*
*
*
Issued in Anchorage, AK, on April 2, 2007.
Anthony M. Wylie,
Manager, Alaska Flight Services Information
Area Group.
[FR Doc. 07–1812 Filed 4–12–07; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 35 and 37
[Docket Nos. RM05–17–000 and RM05–25–
000; Order No. 890]
Preventing Undue Discrimination and
Preference in Transmission Service
Issued April 6, 2007.
Federal Energy Regulatory
Commission, DOE.
AGENCY:
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18570
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
Final rule; Notice of electronic
filing guidelines.
ACTION:
cprice-sewell on PRODPC61 with RULES
SUMMARY: On February 16, 2007, the
Federal Energy Regulatory Commission
issued Order No. 890, which amended
the regulations and the pro forma open
access transmission tariff (OATT). This
notice contains guidelines for the
electronic submission of OATT tariffs
and other information required by Order
No. 890.
DATES: Effective Date: These guidelines
became effective on April 6, 2007.
FOR FURTHER INFORMATION CONTACT:
Daniel Hedberg (Technical Information),
Office of Energy Markets and
Reliability, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6243.
W. Mason Emnett (Legal Information),
Office of the General Counsel—Energy
Markets, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6540.
´
Kathleen Barron (Legal Information),
Office of the General Counsel—Energy
Markets, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6461.
SUPPLEMENTARY INFORMATION:
Notice of Electronic Filing Guidelines
for Open Access Transmission Tariffs
and Related Filings Pursuant to
Commission Order No. 890 and 18 CFR
Part 35 and 37
On February 16, 2007, the Federal
Energy Regulatory Commission issued
Order No. 890,1 which amends the
regulations and the pro forma open
access transmission tariff (OATT) to
ensure that transmission services are
provided on a basis that is just,
reasonable and not unduly
discriminatory or preferential.
This document contains guidelines
for the electronic submission of OATT
tariffs and other information required by
Order No. 890. The table attached to the
guidelines includes specific filing
instructions and references to the
pertinent paragraph(s) in Order No. 890
for each type of submission.
The Commission’s electronic filing
system can be accessed on its Web site
at: https://www.ferc.gov/docs-filing/docsfiling.asp. An eRegistration account is
required for all persons logging in to the
system and for persons who will be
listed as a primary contact or person
1 Preventing Undue Discrimination and
Preference in Transmission Service, Order No. 890,
72 FR 12266 (March 15, 2007), FERC Stats. & Regs.
¶ 31,241 (2007), reh’g pending.
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responsible for the filing. At the present
time, only public information can be
submitted via the efiling system.
However, all Order No. 890 OATT
filings are considered public. The
Commission prefers filings in textsearchable formats.
The electronic filing guidelines
attached to this notice will also be
available on the Commission’s Web site
at https://www.ferc.gov/help/how-to.asp
and updated when necessary.
Philis J. Posey,
Acting Secretary.
Filing Guidelines for Open Access
Transmission Tariffs and Related
Filings Pursuant to Commission Order
No. 890 and 18 CFR Part 35 and 37
On February 16, 2007, the Federal
Energy Regulatory Commission issued
Order No. 890,2 which amends the
regulations and the pro forma open
access transmission tariff (OATT)
adopted in Order Nos. 888 3 and 889 4 to
ensure that transmission services are
provided on a basis that is just,
reasonable and not unduly
discriminatory or preferential.
This document contains guidelines
for the electronic submission of OATT
tariffs and other information required by
Order No. 890. The attached table
includes specific filing guidelines and
references to the pertinent paragraph(s)
in Order No. 890 for each type of
submission.
The Commission’s electronic filing
system can be accessed on its web site
at: https://www.ferc.gov/docs-filing/docsfiling.asp. An eRegistration account is
required for all persons logging in to the
system and for persons who will be
listed as a primary contact or person
responsible for the filing. At the present
time, only public information can be
submitted via the efiling system.
2 Preventing Undue Discrimination and
Preference in Transmission Service, Order No. 890,
72 FR 12266 (March 15, 2007), FERC Stats. & Regs.
¶ 31,241 (2007), reh’g pending.
3 Promoting Wholesale Competition Through
Open Access Non-discriminatory Transmission
Services by Public Utilities; Recovery of Stranded
Costs by Public Utilities and Transmitting Utilities,
Order No. 888, 61 FR 21540 (May 10, 1996), FERC
Stats. & Regs. ¶ 31,036 (1996), order on reh’g, Order
No. 888–A, 62 FR 12274 (Mar. 14, 1997), FERC
Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Order
No. 888–B, 81 FERC ¶ 61,248 (1997), order on reh’g,
Order No. 888–C, 82 FERC ¶ 61,046 (1998), aff’d in
relevant part sub nom. Transmission Access Policy
Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000)
(TAPS v. FERC), aff’d sub nom. New York v. FERC,
535 U.S. 1 (2002).
4 Open Access Same-Time Information System
(Formerly Real-Time Information Networks) and
Standards of Conduct, Order No. 889, 61 FR 21737
(May 10, 1996), FERC Stats. & Regs. ¶ 31,035 (1996),
order on reh’g, Order No. 889–A, FERC Stats. &
Regs. ¶ 31,049 (1997), order on reh’g, Order No.
889–B, 81 FERC ¶ 61,253 (1997).
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However, all Order No. 890 OATT
filings are considered public.
The Commission prefers filings in
text-searchable formats. Our standard
word processing application is MS
Word, but the efiling system can also
accept documents in WordPerfect and
PDF formats. The Commission will add
notice of these filings to its Combined
Notice of Filing Report, so it is not
necessary to include a ‘‘Form of Notice’’
file as part of an Order No. 890 OATT
compliance submission.
The general eFiling procedure for
Order No. 890 compliance OATT
efilings is:
1. For Order No. 890 OATT
compliance related submissions, the
header of the document should contain
OA07ll000 (or OA08 after September
30, 2007) unless you are filing a
correction or supplement to a
previously assigned OA docket. NERC/
NAESB submissions should refer to
RM05–17 and RM05–25.
2. Select the filing type ‘‘Order No.
890 OATT’’. For NERC/NAESB status
reports only, select ‘‘Production of
Document’’.
3. On the Select Docket screen, enter
OA07–1 in the docket number search
block and select OA7–1–000 from the
search results. A new OA Docket will be
assigned to your submission. For NERC/
NAESB status reports only, query and
select dockets RM05–17 and RM05–25.
4. Before you browse, select, and
attach the file(s) make sure that the file
name is less than 25 characters and
contains no spaces or special characters.
There is a maximum number of 10 files
per session and no file should be larger
than 10 Mb.
5. On the Submission Description
Screen, modify the default description:
(1) For OATT submissions, replace
‘‘Order No. 890 OATT’’ with the
description information in the table for
the appropriate filing type, or a
comparable description, to describe
your submission.
(2) For NERC/NAESB status reports
only, replace ‘‘Production of Document’’
with the description information in the
table for the appropriate filing type or a
comparable description.
(3) For any amendment or correction
to a prior submission, select the OA
Docket assigned to the prior filing and
add ‘‘Correction to’’, ‘‘Supplement to’’,
or other appropriate indicator to the
edited description of the filing.
6. Upon receipt, the eFiling system
will send a Confirmation of Receipt email to the e-mail address for the log in
account.
Order No. 890 OATT submissions
will be stored in eLibrary in the
‘‘Electric’’ library with Class =
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Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
Application/Petition/Request, Type =
Tariff Filing, and the OA docket number
assigned to the submission.
NERC/NAESB status reports will be
stored in the ‘‘Electric’’ library with
Class = Status Report, Type = Status
Report, and docket numbers RM05–17
and RM05–25.
Please be advised that all voluntary
section 205 OATT related filings
proposing variations from the non-rate
terms and conditions contained in the
Deadline: Days
from Mar. 15, 2007
(FR publication)
30 Days, or April
16, 2007.
60 days, or May
14, 2007.
75 days, or May
29, 2007.
90 days, or June
13, 2007.
90 days, or June
13, 2007.
120 days, or July
13, 2007.
180 days, or
Sept.11, 2007.
210 days, or Oct.
11, 2007.
210 days, or Oct.
11, 2007.
cprice-sewell on PRODPC61 with RULES
N/A ........................
pro forma OATT adopted in Order No.
890 will continue to be assigned ER
Docket Numbers and will not be
assigned OA Docket Numbers associated
with the implementation of the Order
No. 890 compliance filings.5
Final rule
paragraph No.
Compliance action
Optional Implementation FPA section 205 filings allowing transmission providers to propose previously
approved variations from the pro forma OATT that have been affected by pro forma OATT Final Rule
reforms to remain in effect subject to a demonstration that such variations continue to be consistent
with or superior to the revised Final Rule pro forma OATT (non RTO/ISO transmission providers). Such
optional filings must request a 90 day effective date to facilitate Commission review under section 205.
Filing Type: Order No. 890 OATT.
File Under Docket OA07–1; new OA Docket will be assigned.
Description: Implementation FPA section 205 filing.
Non-ISO/RTO transmission providers submit FPA section 206 filings that contain the non-rate terms and
conditions set forth in Final Rule. These filings need only contain the revised provisions adopted in the
Final Rule. Transmission providers utilizing the optional Implementation FPA section 205 filing described above, need only submit tariff sheets necessary to implement the remaining modifications required under the Final Rule, i.e., modifications related to tariff provisions that did not implicate previously-approved variations.
Filing Type: Order No. 890 OATT.
File Under Docket OA07–1; new OA Docket will be assigned.
Description: FPA section 206 filing with non-rate terms and conditions.
Transmission Providers must post a ‘‘strawman’’ proposal for compliance with each of the nine planning
principles adopted in the Final Rule. This may be posted on the Transmission Providers Web site or its
OASIS site.
No Filing Requirement with FERC.
NERC/NAESB status report and work plan for completion of ATC related business practices and standards..
Filing Type: Production of Document.
File Under Docket RM05–17 and RM05–25.
Description: NERC/NAESB status report and work plan for completion of ATC related business practices
and standard.
NAESB status report and work plan for completion of OASIS functionality or uniform business practices
(other than those related to ATC).
Filing Type: Production of Document.
File Under Docket RM05–17 and RM05–25.
Description: NAESB status report and work plan for completion of OASIS functionality or uniform business practices.
Transmission Providers must submit redesigned transmission charges that reflect the Capacity Benefit
Margin set-aside through a limited issue section 205 rate filing as part of their initial ATC related compliance filings.
Filing Type: Order No. 890 OATT.
File Under Docket OA07–1; new OA Docket will be assigned.
Description: Redesigned Transmission Charges.
Submit compliance filings with Attachment C (ATC) of the pro forma OATT .................................................
Filing Type: Order No. 890 OATT.
File Under Docket OA07–1; new OA Docket will be assigned.
Description: Attachment C Compliance Filing.
ISOs and RTOs, and transmission providers located within an ISO/RTO footprint, submit FPA section 206
filings that contain the non-rate terms and conditions set forth in the Final Rule. These filings need only
contain the revised provisions adopted in the Final Rule or a demonstration that previously approved
variations continue to be consistent with or superior to the revised pro forma OATT.
Filing Type: Order No. 890 OATT.
File Under Docket OA07–1; new OA Docket will be assigned.
Description: FPA Section 206 Filing With Non-Rate Terms and Conditions.
Submit compliance filings with Attachment K (Planning) of the pro forma OATT or RTOs and ISOs file a
demonstration that their planning processes are consistent with or superior to the planning principles in
the Final Rule.
Filing Type: Order No. 890 OATT.
File Under Docket OA07–1; new OA Docket will be assigned.
Description: Attachment K Compliance Filing.
Transmission Providers must file a revised Attachment C to incorporate any changes to NERC’s and
NAESB’s reliability and business practice standards to achieve consistency in ATC within 60 days of
completion of the NERC and NAESB processes.
Filing Type: Order No. 890 OATT.
5 With the exception of the optional section 205
implementation filing described in Order No. 890
at P 138–139.
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¶ 139
¶ 135
¶ 443
¶ 223
¶ 141
¶ 263
¶ 140
¶ 157, ¶ 161
¶ 140, ¶ 442
¶ 325
18572
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
Deadline: Days
from Mar. 15, 2007
(FR publication)
N/A ........................
File Under Docket OA07–1; new OA Docket will be assigned.
Description: Revised Attachment C Filing.
After the submission of FPA section 206 compliance filings, transmission providers may submit FPA section 205 filings proposing rates for the services provided for in the tariff, as well as non-rate terms and
conditions that differ from those set forth in the Final Rule if those provisions are ‘‘consistent with or superior to’’ the pro forma OATT.
Do not eFile. File according to procedures current at the time of submission for FPA section 205 filings.
If you are unable to file electronically,
you must submit original and 5 paper
copies of the filing to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426.
[FR Doc. E7–7000 Filed 4–12–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 388
[Docket No. RM06–24–001; Order No. 683–
A]
Critical Energy Infrastructure
Information
Issued April 9, 2007.
Federal Energy Regulatory
Commission, Department of Energy.
AGENCY:
ACTION:
Final Rule, order on rehearing.
SUMMARY: On September 21, 2006, the
Commission issued a final rule that
clarified the definition of Critical Energy
Infrastructure Information (CEII),
required requesters of CEII to submit
executed non-disclosure agreements
with their requests, and provided that
the notice and opportunity to comment
on a CEII request would be combined
with the notice of release of
information. The Commission is
denying the petition for rehearing filed
by Edison Electric Institute.
Effective Date: This order
denying rehearing of the final rule will
become effective May 14, 2007.
DATES:
cprice-sewell on PRODPC61 with RULES
FOR FURTHER INFORMATION CONTACT:
Teresina A. Stasko, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, Phone (202)
502–8317.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc Spitzer,
Philip D. Moeller, and Jon Wellinghoff.
VerDate Aug<31>2005
Final rule
paragraph No.
Compliance action
14:52 Apr 12, 2007
Jkt 211001
Order on Rehearing
(Issued April 9, 2007)
1. This order addresses the request for
rehearing filed by Edison Electric
Institute (EEI) of the Commission’s
September 21, 2006 Order in this
proceeding (September 21 Order), a
final rule that clarified the definition of
Critical Energy Infrastructure
Information (CEII), required requesters
of CEII to submit executed nondisclosure agreements (NDA) with their
requests, and provided that the notice
and opportunity to comment on a CEII
request would be combined with the
notice of release of information. Critical
Energy Infrastructure Information,
Order No. 683.1 This order denies EEI’s
request for rehearing for the reasons
explained below.2
Background
2. The Commission began its efforts
with respect to CEII shortly after the
attacks of September 11, 2001. See
Statement of Policy on Treatment of
Previously Public Documents.3 The
Commission issued a final rule on CEII
on February 21, 2003, defining CEII to
include information about proposed
facilities, as well as facilities already
licensed or certificated by the
Commission, and to exclude
information that simply identified the
location of the infrastructure. See Order
No. 630.4 The final rule also established
the position of CEII Coordinator. The
Commission issued Order No. 630–A on
July 23, 2003,5 which made several
1 71 FR 58,273 (October 3, 2006), FERC Stats. &
Regs. ¶ 31,228 (2006).
2 The California Coastal Commission, California
Energy Commission, California Electricity Oversight
Board, and California State Lands Commission
(collectively the California State Agencies) filed a
request for reconsideration. Although labeled as a
‘‘Request for Reconsideration,’’ the request is
actually an untimely request for rehearing. As
explained below, the Commission has long held
that it lacks authority to consider requests for
rehearing filed more than 30 days after issuance of
a Commission order.
3 66 FR 52917 (Oct. 18, 2001), 97 FERC ¶ 61,130
(2001).
4 68 FR 9857, FERC Stats. & Regs. ¶ 31,140 (Mar.
3, 2003).
5 68 FR 46456, FERC Stats. & Regs. ¶ 31,147 (Aug.
6, 2003)
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¶ 135
minor procedural changes and
clarifications, added a reference in the
regulation regarding the filing of NonInternet Public (NIP) information, a term
first described in Order No. 630,6 and
added a commitment to review the
effectiveness of the new process after six
months.
3. Simultaneous with the issuance of
the September 21 Order, the
Commission issued a notice of proposed
rulemaking (NOPR) in Docket No.
RM06–23–000.7 In the September 21
NOPR, the Commission sought
comments on the revisions to its
regulations to: (1) Allow an annual
certification for repeat requesters; (2)
allow an authorized representative of an
organization to execute an NDA on
behalf of the organization’s employees;
(3) include a fee provision; (4) respond
to CEII requests by letters from the CEII
Coordinator rather than by Commission
orders with rights to rehearing; and (5)
allow landowners access to alignment
sheets for the routes across or in the
vicinity of their properties. The
September 21 NOPR also proposed to
narrow the scope of information on
Commission forms that are defined as
containing CEII and proposed to abolish
the NIP designation.
Requests for Rehearing
4. On October 23, 2006, EEI filed a
timely request for rehearing of the
September 21 Order, and requested that
the Commission revoke its September
21 Order and reissue it as a new notice
of proposed rulemaking to be
considered with the September 21
NOPR. EEI alleged that the Commission
did not provide the due process
protections of the Administrative
6 NIP information includes location maps and
diagrams that do not rise to the level of CEII. Order
No. 630 provided the following examples of NIP:
‘‘(1) USGS 7.5 minute topographic maps showing
the location of pipelines, dams, or other
aboveground facilities, (2) alignment sheets
showing the location of pipeline and aboveground
facilities, right of way dimensions, and extra work
areas; (3) drawings showing site or project
boundaries, footprints, building locations and
reservoir extent; and (4) general location maps.’’ 68
FR 9857, FERC Stats. & Regs. ¶ 31,140.
7 71 FR 58,325 (October 3, 2006), FERC Stats. &
Regs. ¶ 32,607 (2006) (September 21 NOPR).
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]]>Agencies
[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18569-18572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7000]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 35 and 37
[Docket Nos. RM05-17-000 and RM05-25-000; Order No. 890]
Preventing Undue Discrimination and Preference in Transmission
Service
Issued April 6, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.
[[Page 18570]]
ACTION: Final rule; Notice of electronic filing guidelines.
-----------------------------------------------------------------------
SUMMARY: On February 16, 2007, the Federal Energy Regulatory Commission
issued Order No. 890, which amended the regulations and the pro forma
open access transmission tariff (OATT). This notice contains guidelines
for the electronic submission of OATT tariffs and other information
required by Order No. 890.
DATES: Effective Date: These guidelines became effective on April 6,
2007.
FOR FURTHER INFORMATION CONTACT:
Daniel Hedberg (Technical Information), Office of Energy Markets and
Reliability, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, (202) 502-6243.
W. Mason Emnett (Legal Information), Office of the General Counsel--
Energy Markets, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, (202) 502-6540.
Kathleen Barr[oacute]n (Legal Information), Office of the General
Counsel--Energy Markets, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, (202) 502-6461.
SUPPLEMENTARY INFORMATION:
Notice of Electronic Filing Guidelines for Open Access Transmission
Tariffs and Related Filings Pursuant to Commission Order No. 890 and 18
CFR Part 35 and 37
On February 16, 2007, the Federal Energy Regulatory Commission
issued Order No. 890,\1\ which amends the regulations and the pro forma
open access transmission tariff (OATT) to ensure that transmission
services are provided on a basis that is just, reasonable and not
unduly discriminatory or preferential.
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\1\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12266 (March 15, 2007),
FERC Stats. & Regs. ] 31,241 (2007), reh'g pending.
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This document contains guidelines for the electronic submission of
OATT tariffs and other information required by Order No. 890. The table
attached to the guidelines includes specific filing instructions and
references to the pertinent paragraph(s) in Order No. 890 for each type
of submission.
The Commission's electronic filing system can be accessed on its
Web site at: https://www.ferc.gov/docs-filing/docs-filing.asp. An
eRegistration account is required for all persons logging in to the
system and for persons who will be listed as a primary contact or
person responsible for the filing. At the present time, only public
information can be submitted via the efiling system. However, all Order
No. 890 OATT filings are considered public. The Commission prefers
filings in text-searchable formats.
The electronic filing guidelines attached to this notice will also
be available on the Commission's Web site at https://www.ferc.gov/help/
how-to.asp and updated when necessary.
Philis J. Posey,
Acting Secretary.
Filing Guidelines for Open Access Transmission Tariffs and Related
Filings Pursuant to Commission Order No. 890 and 18 CFR Part 35 and 37
On February 16, 2007, the Federal Energy Regulatory Commission
issued Order No. 890,\2\ which amends the regulations and the pro forma
open access transmission tariff (OATT) adopted in Order Nos. 888 \3\
and 889 \4\ to ensure that transmission services are provided on a
basis that is just, reasonable and not unduly discriminatory or
preferential.
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\2\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12266 (March 15, 2007),
FERC Stats. & Regs. ] 31,241 (2007), reh'g pending.
\3\ Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, 61 FR 21540 (May 10, 1996), FERC Stats. & Regs. ]
31,036 (1996), order on reh'g, Order No. 888-A, 62 FR 12274 (Mar.
14, 1997), FERC Stats. & Regs. ] 31,048 (1997), order on reh'g,
Order No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g, Order No.
888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part sub nom.
Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C.
Cir. 2000) (TAPS v. FERC), aff'd sub nom. New York v. FERC, 535 U.S.
1 (2002).
\4\ Open Access Same-Time Information System (Formerly Real-Time
Information Networks) and Standards of Conduct, Order No. 889, 61 FR
21737 (May 10, 1996), FERC Stats. & Regs. ] 31,035 (1996), order on
reh'g, Order No. 889-A, FERC Stats. & Regs. ] 31,049 (1997), order
on reh'g, Order No. 889-B, 81 FERC ] 61,253 (1997).
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This document contains guidelines for the electronic submission of
OATT tariffs and other information required by Order No. 890. The
attached table includes specific filing guidelines and references to
the pertinent paragraph(s) in Order No. 890 for each type of
submission.
The Commission's electronic filing system can be accessed on its
web site at: https://www.ferc.gov/docs-filing/docs-filing.asp. An
eRegistration account is required for all persons logging in to the
system and for persons who will be listed as a primary contact or
person responsible for the filing. At the present time, only public
information can be submitted via the efiling system. However, all Order
No. 890 OATT filings are considered public.
The Commission prefers filings in text-searchable formats. Our
standard word processing application is MS Word, but the efiling system
can also accept documents in WordPerfect and PDF formats. The
Commission will add notice of these filings to its Combined Notice of
Filing Report, so it is not necessary to include a ``Form of Notice''
file as part of an Order No. 890 OATT compliance submission.
The general eFiling procedure for Order No. 890 compliance OATT
efilings is:
1. For Order No. 890 OATT compliance related submissions, the
header of the document should contain OA07----000 (or OA08 after
September 30, 2007) unless you are filing a correction or supplement to
a previously assigned OA docket. NERC/NAESB submissions should refer to
RM05-17 and RM05-25.
2. Select the filing type ``Order No. 890 OATT''. For NERC/NAESB
status reports only, select ``Production of Document''.
3. On the Select Docket screen, enter OA07-1 in the docket number
search block and select OA7-1-000 from the search results. A new OA
Docket will be assigned to your submission. For NERC/NAESB status
reports only, query and select dockets RM05-17 and RM05-25.
4. Before you browse, select, and attach the file(s) make sure that
the file name is less than 25 characters and contains no spaces or
special characters. There is a maximum number of 10 files per session
and no file should be larger than 10 Mb.
5. On the Submission Description Screen, modify the default
description:
(1) For OATT submissions, replace ``Order No. 890 OATT'' with the
description information in the table for the appropriate filing type,
or a comparable description, to describe your submission.
(2) For NERC/NAESB status reports only, replace ``Production of
Document'' with the description information in the table for the
appropriate filing type or a comparable description.
(3) For any amendment or correction to a prior submission, select
the OA Docket assigned to the prior filing and add ``Correction to'',
``Supplement to'', or other appropriate indicator to the edited
description of the filing.
6. Upon receipt, the eFiling system will send a Confirmation of
Receipt e-mail to the e-mail address for the log in account.
Order No. 890 OATT submissions will be stored in eLibrary in the
``Electric'' library with Class =
[[Page 18571]]
Application/Petition/Request, Type = Tariff Filing, and the OA docket
number assigned to the submission.
NERC/NAESB status reports will be stored in the ``Electric''
library with Class = Status Report, Type = Status Report, and docket
numbers RM05-17 and RM05-25.
Please be advised that all voluntary section 205 OATT related
filings proposing variations from the non-rate terms and conditions
contained in the pro forma OATT adopted in Order No. 890 will continue
to be assigned ER Docket Numbers and will not be assigned OA Docket
Numbers associated with the implementation of the Order No. 890
compliance filings.\5\
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\5\ With the exception of the optional section 205
implementation filing described in Order No. 890 at P 138-139.
----------------------------------------------------------------------------------------------------------------
Deadline: Days from Mar. 15, 2007 (FR Final rule
publication) Compliance action paragraph No.
----------------------------------------------------------------------------------------------------------------
30 Days, or April 16, 2007............... Optional Implementation FPA section 205 filings ] 139
allowing transmission providers to propose
previously approved variations from the pro forma
OATT that have been affected by pro forma OATT Final
Rule reforms to remain in effect subject to a
demonstration that such variations continue to be
consistent with or superior to the revised Final
Rule pro forma OATT (non RTO/ISO transmission
providers). Such optional filings must request a 90
day effective date to facilitate Commission review
under section 205.
Filing Type: Order No. 890 OATT.
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: Implementation FPA section 205 filing.
60 days, or May 14, 2007................. Non-ISO/RTO transmission providers submit FPA section ] 135
206 filings that contain the non-rate terms and
conditions set forth in Final Rule. These filings
need only contain the revised provisions adopted in
the Final Rule. Transmission providers utilizing the
optional Implementation FPA section 205 filing
described above, need only submit tariff sheets
necessary to implement the remaining modifications
required under the Final Rule, i.e., modifications
related to tariff provisions that did not implicate
previously-approved variations.
Filing Type: Order No. 890 OATT.
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: FPA section 206 filing with non-rate
terms and conditions.
75 days, or May 29, 2007................. Transmission Providers must post a ``strawman'' ] 443
proposal for compliance with each of the nine
planning principles adopted in the Final Rule. This
may be posted on the Transmission Providers Web site
or its OASIS site.
No Filing Requirement with FERC.
90 days, or June 13, 2007................ NERC/NAESB status report and work plan for completion ] 223
of ATC related business practices and standards..
Filing Type: Production of Document.
File Under Docket RM05-17 and RM05-25.
Description: NERC/NAESB status report and work plan
for completion of ATC related business practices and
standard.
90 days, or June 13, 2007................ NAESB status report and work plan for completion of ] 141
OASIS functionality or uniform business practices
(other than those related to ATC).
Filing Type: Production of Document.
File Under Docket RM05-17 and RM05-25.
Description: NAESB status report and work plan for
completion of OASIS functionality or uniform
business practices.
120 days, or July 13, 2007............... Transmission Providers must submit redesigned ] 263
transmission charges that reflect the Capacity
Benefit Margin set-aside through a limited issue
section 205 rate filing as part of their initial ATC
related compliance filings.
Filing Type: Order No. 890 OATT.
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: Redesigned Transmission Charges.
180 days, or Sept.11, 2007............... Submit compliance filings with Attachment C (ATC) of ] 140
the pro forma OATT.
Filing Type: Order No. 890 OATT.
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: Attachment C Compliance Filing.
210 days, or Oct. 11, 2007............... ISOs and RTOs, and transmission providers located ] 157, ] 161
within an ISO/RTO footprint, submit FPA section 206
filings that contain the non-rate terms and
conditions set forth in the Final Rule. These
filings need only contain the revised provisions
adopted in the Final Rule or a demonstration that
previously approved variations continue to be
consistent with or superior to the revised pro forma
OATT.
Filing Type: Order No. 890 OATT.
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: FPA Section 206 Filing With Non-Rate
Terms and Conditions.
210 days, or Oct. 11, 2007............... Submit compliance filings with Attachment K ] 140, ] 442
(Planning) of the pro forma OATT or RTOs and ISOs
file a demonstration that their planning processes
are consistent with or superior to the planning
principles in the Final Rule.
Filing Type: Order No. 890 OATT.
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: Attachment K Compliance Filing.
N/A...................................... Transmission Providers must file a revised Attachment ] 325
C to incorporate any changes to NERC's and NAESB's
reliability and business practice standards to
achieve consistency in ATC within 60 days of
completion of the NERC and NAESB processes.
Filing Type: Order No. 890 OATT.
[[Page 18572]]
File Under Docket OA07-1; new OA Docket will be
assigned.
Description: Revised Attachment C Filing.
N/A...................................... After the submission of FPA section 206 compliance ] 135
filings, transmission providers may submit FPA
section 205 filings proposing rates for the services
provided for in the tariff, as well as non-rate
terms and conditions that differ from those set
forth in the Final Rule if those provisions are
``consistent with or superior to'' the pro forma
OATT.
Do not eFile. File according to procedures current at
the time of submission for FPA section 205 filings.
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If you are unable to file electronically, you must submit original
and 5 paper copies of the filing to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
[FR Doc. E7-7000 Filed 4-12-07; 8:45 am]
BILLING CODE 6717-01-P
