Preventing Undue Discrimination and Preference in Transmission Service, 19112-19116 [E7-7229]
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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations
Alternative Methods of Compliance
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Issued in Burlington, Massachusetts, on
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Peter A. White,
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[FR Doc. E7–7115 Filed 4–16–07; 8:45 am]
BILLING CODE 4910–13–P
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 11, 2007.
Federal Energy Regulatory
Commission, DOE.
ACTION: Order granting extension of
compliance action dates.
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AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
extending certain deadlines for
compliance actions required by Order
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No. 890, the final rule issued in this
proceeding on February 16, 2007.
DATES: The date by which transmission
providers must implement certain
reforms adopted in Order No. 890 is
hereby extended by 60 days, to July 13,
2007, as set forth in Appendix A of this
order.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION: Before
Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc
Spitzer, Philip D. Moeller, and Jon
Wellinghoff.
Order Granting Extension of
Compliance Action Dates
1. On March 21, 2007, Tampa Electric
Company (Tampa Electric) together with
Florida Power & Light Company (FPL)
filed a motion for extension of deadlines
relating to the implementation of
additional functionality for the Open
Access Same-Time Information System
(OASIS) and the posting of new
transmission-related metrics as outlined
in Order No. 890.1 On March 29, 2007,
Tampa Electric and FPL supplemented
their motion with a preliminary
assessment of technical work required
to implement the additional OASIS
functionality and the posting of new
transmission-related metrics.
2. On March 23, 2007, the Edison
Electric Institute (EEI) filed a motion
requesting that the Commission extend
to 120 days from publication of Order
No. 890 in the Federal Register all
deadlines currently set as less than 120
days as applied to transmission
providers that are not members of an
Independent System Operator (ISO) or
Regional Transmission Organization
(RTO). On March 29, 2007, EEI filed a
second motion to extend the filing
deadline for ISO and RTO transmission
providers’ ‘‘strawman’’ proposals
detailing compliance with each of the
nine planning principles adopted in
Order No. 890.
3. On April 3, 2007, E.ON U.S. LLC
(E.ON) filed a motion stating its support
of EEI’s request to allow utilities not
participating in an ISO or RTO an
additional 60 days to comply with the
non-rate terms and conditions set out in
Order No. 890, but requesting a 90-day
extension for submission of its Federal
Power Act (FPA) section 206
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 (Order No. 890).
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compliance filing due to E.ON’s
particular circumstances.
4. Finally, on April 9, 2007, Portland
General Electric Company (PGE) filed a
motion seeking an extension of
deadlines associated with the optional
filing under FPA section 205 regarding
previously-approved variations from the
pro forma Open Access Transmission
Tariff (OATT).
5. For the reasons outlined below, the
Commission grants in part the March
23, 2007, motion of EEI and denies the
March 29, 2007, motion of EEI, as well
as the subsequent motions of E.ON and
PGE. Accordingly, the joint motion of
Tampa Electric and FPL, as
supplemented, is rejected as moot.
I. Background
6. On February 16, 2007, the
Commission issued Order No. 890 on
Preventing Undue Discrimination and
Preference in Transmission Service in
these dockets.2 In Order No. 890, the
Commission amended its regulations
and the pro forma OATT, adopted in
Order No. 888,3 to ensure that
transmission services are provided on a
basis that is just, reasonable and not
unduly discriminatory or preferential.
The Commission designed Order No.
890 to: (1) Strengthen the pro forma
OATT to ensure that it achieves its
original purpose of remedying undue
discrimination; (2) provide greater
specificity to reduce opportunities for
undue discrimination and facilitate the
Commission’s enforcement; and (3)
increase transparency in the rules
applicable to planning and use of the
transmission system.
7. Order No. 890 established a number
of compliance requirements with
corresponding deadlines, each
necessary to achieve its stated goals.
Among other things, transmission
providers that have not been approved
as ISOs or RTOs, and whose
transmission facilities are not under the
control of an ISO or RTO, were directed
to submit, within 60 days after
publication of Order No. 890 in the
Federal Register, i.e., May 14, 2007,
filings under section 206 of the FPA that
contain the non-rate terms and
2 Id.
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).
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conditions set forth in the order.4
Within 75 days of publication, i.e., May
29, 2007, all transmission providers
must post a ‘‘strawman’’ proposal for
compliance with each of the nine
planning principles adopted in Order
No. 890.5 The Commission also
requested that the North American
Electric Reliability Corporation (NERC)
and the North American Energy
Standards Board (NAESB) file, within
90 days from publication, i.e., June 13,
2007, a joint status report that contains
a work plan for completion of business
practices and standards related to
calculation of Available Transfer
Capability (ATC).6 NAESB was further
requested to file a status report and
work plan for the completion of the
OASIS functionality or uniform
business practices related to reforms
adopted in Order No. 890.7 The
Commission required each transmission
provider to develop, within 90 days
from publication, i.e., June 13, 2007, its
own OASIS functionality or business
practices necessary to implement
certain reforms ordered in Order No.
890 pending completion of the NERC
and NAESB processes.8 Finally, the
Commission required transmission
providers to comply with a number of
new regulations by Order No. 890’s
effective date of May 14, 2007.
8. In addition to these compliance
obligations, the Commission provided
an optional 205 procedure for
transmission providers seeking to
maintain previously-approved
variations from the Order No. 888 pro
forma OATT that were affected by the
reforms adopted in Order No. 890. To
the extent a transmission provider
wishes to maintain these previouslyapproved variations, the Commission
stated that the transmission provider
would have to demonstrate that the
relevant tariff provisions continue to be
consistent with or superior to the pro
forma OATT as modified by Order No.
890. The Commission provided that
such demonstrations could be made in
an FPA section 205 filing submitted
within 30 days after publication of
Order No. 890 in the Federal Register,
i.e., April 16, 2007. The Commission
stated that each applicant should
request that these proposed tariff
provisions be made effective as of the
date of the transmission provider’s
section 206 compliance filing.9
4 Order
No. 890 at P 139.
at P 135.
6 Id. at P 223.
7 Id. at P 141.
8 Id.
9 Id. at P 139.
5 Id.
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II. Motions for Extension
9. Tampa Electric and FPL seek
extension of compliance deadlines
related to the implementation of
additional OASIS functionality and the
posting of new transmission-related
metrics. As explained in their motion,
Tampa Electric and FPL currently use
FLOASIS, the OASIS for transmission
providers in Florida. Tampa Electric
and FPL state that they are currently
negotiating an agreement with a new
host, Open Access Technology
International, Inc. (OATI), and
anticipate that their new OASIS system
will not be operational until July 1,
2007. If forced to meet the deadlines set
forth in Order No. 890, Tampa Electric
and FPL contend that they would be
required to develop new software and
manual processes on the current
FLOASIS, which would become
obsolete once they switch to the new
OATI-hosted OASIS platform.
10. EEI, on behalf of transmission
providers not affiliated with an ISO or
RTO, seeks in its March 23, 2007,
motion an extension of certain of the
compliance requirements in Order No.
890 involving deadlines set at less than
120 days from publication of the order
in the Federal Register. This would
include: the FPA section 206
compliance filing requirement, the
‘‘strawman’’ proposal deadline, and the
deadlines set for the NERC and NAESB
status reports. EEI contends that the
volume and nature of the compliance
requirements set forth in Order No. 890
render these corresponding deadlines
infeasible. To support its argument, EEI
describes in detail many of the steps it
believes are necessary for completion of
the compliance requirements, such as
the development of new software or
modifications to existing software.
11. In addition, EEI states particular
concern regarding the time needed to
develop software upgrades necessary to
implement conditional firm service and
planning redispatch. EEI also contends
the current compliance schedule does
not allow sufficient time to ensure that
the new software and processes will not
harm reliability. EEI therefore requests
reconsideration of the Commission’s
decision to make reforms involving
NERC and NAESB activities effective in
advance of associated development of
business practices and standards. EEI
requests the Commission abandon its
requirement that transmission providers
implement reforms on an individual
basis prior to issuance of the final NERC
and NAESB rules.
12. EEI also requests the Commission
delay other compliance deadlines until
the Commission issues further
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clarification of Order No. 890.
Specifically, EEI contends that without
additional guidance from the
Commission regarding revising
transmission rates to reflect capacity
benefit margin (CBM) set-aside, and
prior to the issuance of the final NERC
and NAESB standards, there may be
significant inconsistencies in rate design
among utilities, which could lead to
hearing and settlement proceedings. EEI
also states that transmission providers
that make firm system sales need further
clarification regarding the manner in
which network resources should be
designated and that, in the absence of
such guidance, the Commission should
not penalize transmission providers for
their attempts to implement Order No.
890.
13. EEI further asks that the
Commission clarify that the changes to
Schedule 4 and Schedule 9 regarding
imbalance charges need not become
effective until the billing cycle
immediately following the effective date
of the revised pro forma OATT. EEI
argues that requiring transmission
providers to bill in two different billing
methods for the same service over the
course of a month would create the need
for a complex software workaround.
14. In conjunction with its various
requests, EEI proposes to organize a
public conference on or about May 14,
2007, for participants to discuss
progress made in their compliance
efforts and any obstacles that have
arisen.
15. On March 29, 2007, EEI filed a
second motion on behalf of transmission
providers that are members of an ISO or
RTO, requesting a similar extension for
filing of the ‘‘strawman’’ proposals for
those entities. EEI contends in this
motion that it is not feasible for ISOs
and RTOs, and their transmissionowning members, to obtain robust input
from a broad range of stakeholders in
time to meet the current 75-day
deadline. According to EEI, this
deadline will be particularly
challenging for most ISOs, RTOs and
transmission owners because of the time
required to coordinate planning
obligations.
16. Answers to the EEI motions were
filed by the American Public Power
Association, National Rural Electric
Cooperative Association, Transmission
Access Policy Study Group, and
Transmission Dependent Utility
Systems (together the APPA Joint
Commenters), the Mid-Continent Power
Pool (MAPP) on behalf of its public
utility members, Puget Sound Energy,
Inc. (Puget), and the Electric Power
Supply Association (EPSA). MAPP and
Puget state full support of EEI’s March
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23, 2007, motion, reiterating many of
the arguments made by EEI. While the
APPA Joint Commenters do not object to
the extensions of time requested by EEI,
they request that the Commission
provide at least 45 days to comment on
transmission providers’ compliance
filings if the requested extensions are
granted. In support of their request, the
APPA Joint Commenters contend that
consolidation of the 60-day, 75-day, and
90-day deadlines into a single 120-day
deadline will impose increased burdens
on interested parties reviewing those
previously-staggered filings and
postings. EPSA states its support of the
APPA Joint Commenters’ request.
17. The APPA Joint Commenters also
express particular concern with two
elements of the EEI motions. First, they
argue that the Commission should only
grant an extension of the requirement to
complete software modifications on a
case-by-case basis and, even then, only
on a showing of clear and convincing
need. Second, the APPA Joint
Commenters argue that, if the
Commission grants EEI’s request to
delay posting of the ‘‘strawman’’
proposals, the associated technical
conferences should also be delayed in
order to maintain a 15- to 45-day period
for stakeholder review of the
‘‘strawman’’ postings.
18. On April 3, 2007, E.ON filed a
motion supporting EEI’s request to
allow utilities not participating in an
ISO or RTO an additional 60 days to
comply with the non-rate terms and
conditions set out in Order No. 890.
E.ON contends, however, that it is
different from most stand-alone utilities
because it must coordinate compliance
efforts with the Southwest Power Pool,
the independent transmission
organization for E.ON’s transmission
system, as well as the Tennessee Valley
Authority, which serves as the
reliability coordinator for E.ON’s
transmission system. E.ON therefore
requests a 90-day extension to submit its
FPA section 206 compliance filing,
rather than the 60-day extension
requested by EEI.
19. On April 9, 2007, PGE filed a
motion requesting an extension of the
deadline to submit FPA section 205
filings relating to previously-approved
variations from the pro forma OATT. To
the extent the Commission grants EEI’s
request for an extension of the date to
submit the FPA section 206 compliance
filings, PGE requests that the
Commission also generically extend the
date of the FPA section 205 filings by
60 days. PGE further requests that, as to
its own FPA section 205 filing, the
Commission permit it to delay that
filing until after the Commission issues
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its order on rehearing in this
proceeding.
III. Commission Determination
20. The Commission partially grants
EEI’s request and extends the date on
which reforms adopted in Order No. 890
would have otherwise been effective by
60 days, i.e., to July 13, 2007, except as
provided for below. Specifically, all
transmission providers that have not
been approved as ISOs or RTOs, and
whose transmission facilities are not
under the control of an ISO or RTO, are
required to submit FPA section 206
compliance filings that contain the nonrate terms and conditions set forth in
Order No. 890 within 120 days of
publication of the order in the Federal
Register, i.e., July 13, 2007. Similarly,
transmission providers must take all
other actions necessary to implement
the reforms adopted in Order No. 890,
except as provided for below, on or
before July 13, 2007, unless a later
compliance date was otherwise
specified in the order.10
21. With regard to the requirement for
transmission providers to post
‘‘strawman’’ proposals for compliance
with the nine planning principles
adopted in Order No. 890, we deny
EEI’s requests for extension and retain
the requirement that such postings be
made within 75 days of publication of
the order in the Federal Register, i.e.,
May 29, 2007. The ‘‘strawman’’
proposals are necessary to facilitate the
technical conferences that the
Commission has scheduled in June 2007
to encourage discussion as to how
transmission providers ultimately
intend to fulfill their planning
requirements. Due to the delay in
Federal Register publication, the
‘‘strawman’’ posting date is more than
100 days after Order No. 890 was
issued, which is consistent with EEI’s
assertion that the Commission typically
provides 90 to 120 days for RTO and
ISO efforts that require stakeholder
participation.11 In any event, the
‘‘strawman’’ proposals are only one
aspect of the compliance process. The
actual Attachment K compliance filing
deadline is not until October 11, 2007.
Transmission providers will therefore
have roughly four months to prepare
their Attachment K filings after the
10 Order No. 890 also requested NERC and
NAESB to submit status reports within 90 days of
publication of the order in the Federal Register, i.e.,
June 13, 2007, containing work plans for developing
standards and business practices associated with
reforms adopted in Order No. 890. The limited
extension of time granted here applies to actions to
be taken by transmission providers and, thus, the
NERC and NAESB filing deadlines remain
unchanged.
11 EEI March 29 Motion at 2.
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Commission holds technical
conferences to discuss the ‘‘strawman’’
proposals. We believe this is sufficient
time to ensure timely compliance with
the Attachment K filing deadline.
22. With regard to imbalance charges,
however, we agree that it would be
reasonable for a transmission provider
to extend the date on which the
imbalance-related provisions adopted in
Schedule 4 and Schedule 9 become
effective until the first day of the billing
cycle following the effectiveness of the
underlying imbalance-related reforms.
Specifically, transmission providers
submitting their imbalance provisions
in section 206 filings on or before July
13, 2007, may specify that those
provisions will become effective on the
first day of the billing cycle following
the filing date. We agree that this
modest extension of the effectiveness of
imbalance-related reforms will facilitate
the implementation of those reforms.
23. The Commission is not convinced
that EEI’s remaining requests for
extension or further generic
modification of Order No. 890’s
compliance obligations are necessary.
Although the Commission is aware of
the challenges of compliance with Order
No. 890, we are not persuaded that the
related deadlines, as modified herein,
are unreasonable or unclear. Order No.
890 is the result of a multi-year
proceeding during which the
Commission sought and received
multiple rounds of comments from over
300 parties. The various compliance
obligations in Order No. 890, including
CBM-related modification of rates and
implementation of interim workarounds
pending development of final NERC and
NAESB standards and business
practices, were established after full
consideration of these comments and
the Commission’s determination that
related reforms are necessary to remedy
the potential for undue
discrimination.12 EEI has not persuaded
us that generic modification of those
obligations pending final standards and
practice development by NERC and
12 With specific regard to the CBM-related rate
changes required in Order No. 890, we believe that
EEI’s concerns are misplaced. Order No. 890
expressly contemplated transmission providers
proposing necessary changes to rate design to
ensure that point-to-point customers do not pay a
transmission charge that includes the cost of the
CBM set-aside, provided that the subject of such
rate filings be limited solely to the issue of CBMrelated cost recovery. See Order No. 890 at P 263.
Nothing in Order No. 890 precludes transmission
providers from proposing modification of rates for
other services (such as network service) as
necessary to recover CBM-related costs previously
paid by point-to-point customers and, therefore, it
is not necessary to extend the deadline for those
filings.
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NAESB would be appropriate.13 Any
issues specific to a transmission
provider’s ability to comply with the
requirements of Order No. 890, as
modified herein, may be considered
during the compliance process on a
case-by-case basis. For similar reasons,
we deny the APPA Joint Commenters’
request to establish in advance of the
compliance process the number of days
parties will have to comment on
compliance filings.
24. The Commission also denies
E.ON’s request to extend its FPA section
206 compliance filing deadline by 90
days instead of the 60-day extension
requested by EEI, granted above. All
transmission providers must coordinate
their compliance efforts with personnel
internal and external to their
organizations. We recognize these
efforts will be complicated but, as
explained above, they are the logical
outgrowth of this multi-year proceeding.
E.ON fails to justify the need for
differential treatment during the
compliance process.
25. Finally, the Commission denies
PGE’s request to extend the FPA section
205 deadlines relating to previouslyapproved variations from the pro forma
OATT. The optional section 205
procedure was established so that
transmission providers would have an
opportunity to demonstrate that any
previously-approved variations
continue to be consistent with or
superior to the terms and conditions of
the reformed pro forma OATT, thereby
allowing those transmission providers
to retain those variations during
implementation of Order No. 890. It is
not necessary, as PGE assumes, to
extend the 30-day deadline for
submission of the section 205 filings
simply because we extend the deadline
for the section 206 compliance filings
above.14 The purpose of each filing is
distinct and PGE offers no reason as to
why transmission providers may need
additional time to prepare their section
205 filings, which relate only to tariff
provisions the Commission has already
reviewed and approved. Moreover,
deferring the deadline for PGE’s FPA
section 205 filing until after our order
on rehearing in this proceeding would
not achieve PGE’s stated goal of
ensuring that its previously-approved
deviations remain in effect during the
compliance process.15 In the section 206
compliance filing, each transmission
provider must conform the non-rate
terms and conditions of its OATT to the
reformed non-rate terms and conditions
of the pro forma OATT. Failure to
request that previously-approved
variations remain in place in advance of
submitting the compliance filing will
result in those provisions being
eliminated during the compliance
process.
26. In light of the extension of certain
deadlines for compliance with Order
Deadline (days after
publication in the Fed.
Reg.)
30 (4/16/2007) ...........
75 (5/29/2007) ...........
90 (6/13/2007) ...........
120 (7/13/2007) .........
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120 (7/13/2007) .........
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No. 890 provided for above, the request
for extension submitted by FPL and
Tampa Electric is moot.
The Commission Orders
(A) The date on which the reforms
adopted in Order No. 890 would have
otherwise been effective is hereby
extended by 60 days, i.e., to July 13,
2007, except as otherwise provided in
the body of this order.
(B) The request for extension
submitted by FPL and Tampa Electric is
dismissed as moot.
(C) The request for extensions
submitted by E.ON and PGE are denied.
(D) The Secretary shall promptly
publish a copy of this order in the
Federal Register.
By the Commission.
Kimberly D. Bose,
Secretary.
Appendix A: Summary of Compliance
Filing Requirements
For a more detailed description of
compliance obligations please refer to Order
No. 890 paragraph number. For further
information related to Order No. 890, such as
electronic versions of the pro forma OATT
showing tariff changes adopted in Order No.
890 in redline/strikeout format, and further
information regarding docketing of
compliance filings and specific filing
instructions, please visit our Web site at the
following location: https://www.ferc.gov/
industries/electric/indus-act/oatt-reform.asp.
Order No. 890
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
reforms to remain in effect subject to a demonstration that such variations continue to be consistent
with or superior to the revised 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.
Transmission Providers must post a ‘‘strawman’’ proposal for compliance with each of the nine planning principles adopted in Order No. 890. This may be posted on the Transmission Providers Web
site or its OASIS site.
NERC/NAESB status report and work plan for completion of ATC related business practices and
standards.
NAESB status report and work plan for completion of OASIS functionality or uniform business practices (other than those related to ATC).
Transmission Providers that have not been approved as ISOs or RTOs, and whose transmission facilities are not under the control of an ISO or RTO, must submit FPA section 206 filings that contain the non-rate terms and conditions set forth in Order No. 890. These filings need only contain
the revised provisions adopted in Order No. 890. 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 Order No. 890, i.e., modifications related
to tariff provisions that did not implicate previously-approved variations.
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.
13 Although Order No. 890 directed NERC and
NAESB to develop standards and business practices
necessary to implement ATC-related reforms within
270 and 360 days of publication of the order in the
Federal Register, respectively, it did not establish
a specific timeframe for NAESB’s development of
business practices necessary for remaining reforms.
Instead, NAESB was requested to submit a work
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plan within 90 days of publication of the order in
the Federal Register, upon review of which the
Commission will issue an order establishing further
compliance deadlines as necessary. See Order No.
890 at P 141.
14 As provided in Order No. 890, however,
transmission providers should request that the tariff
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
19115
P 139
P 443
P 223
P 141
P 135
P 263
provisions proposed in their optional 205 filings be
made effective as of the date the transmission
provider submits its section 206 compliance filing,
which must now be on or before July 13, 2007. See
id. at P 139.
15 See PGE Motion at 3.
E:\FR\FM\17APR1.SGM
17APR1
19116
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations
Deadline (days after
publication in the Fed.
Reg.)
180 (9/11/2007) .........
210 (10/11/2007) .......
210 (10/11/2007) .......
N/A .............................
N/A .............................
Submit compliance filings with Attachment C (ATC) of the pro forma OATT ..........................................
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 Order No. 890. These filings
need only contain the revised provisions adopted in Order No. 890 or a demonstration that previously approved variations continue to be consistent with or superior to the revised pro forma
OATT.
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 Order No. 890.
N/A 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.
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 Order No. 890 if those provisions are ‘‘consistent with or superior to’’ the pro forma OATT.
[FR Doc. E7–7229 Filed 4–16–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 381
[Docket No. RM07–12]
Annual Update of Filing Fees
April 9, 2007.
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule; annual update of
Commission filing fees.
cprice-sewell on PRODPC61 with RULES
AGENCY:
SUMMARY: In accordance with 18 CFR
381.104, the Commission issues this
update of its filing fees. This notice
provides the yearly update using data in
the Commission’s Management,
Administrative, and Payroll System to
calculate the new fees. The purpose of
updating is to adjust the fees on the
basis of the Commission’s costs for
Fiscal Year 2006.
EFFECTIVE DATE: May 17, 2007.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Misiewicz, Office of the
Executive Director, Federal Energy
Regulatory Commission, 888 First
Street, NE., Room 4R–03, Washington,
DC 20426, 202–502–6240.
SUPPLEMENTARY INFORMATION: 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 FERC’s Home Page
(https://www.ferc.gov) and in FERC’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
VerDate Aug<31>2005
Order No. 890
paragraph No.
Compliance action
14:53 Apr 16, 2007
Jkt 211001
Eastern time) at 888 First Street, NE.,
Room 2A, Washington DC 20426.
From FERC’s Web site on the Internet,
this information is available in the
eLibrary (formerly FERRIS). 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
and follow other directions on the
search page.
User assistance is available for
eLibrary and other aspects of FERC’s
website during normal business hours.
For assistance, contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or for TTY,
contact (202) 502–8659.
Annual Update of Filing Fees
The Federal Energy Regulatory
Commission (Commission) is issuing
this notice to update filing fees that the
Commission assesses for specific
services and benefits provided to
identifiable beneficiaries. Pursuant to 18
CFR 381.104, the Commission is
establishing updated fees on the basis of
the Commission’s Fiscal Year 2006
costs. The adjusted fees announced in
this notice are effective May 17, 2007.
The Commission has determined, with
the concurrence of the Administrator of
the Office of Information and Regulatory
Affairs of the Office of Management and
Budget, that this final rule is not a major
rule within the meaning of section 251
of Subtitle E of Small Business
Regulatory Enforcement Fairness Act, 5
U.S.C. 804(2). The Commission is
submitting this final rule to both houses
of the United States Congress and to the
Comptroller General of the United
States.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
P 140
P 157
P 161
P 140
P 422
P 325
P 135
The new fee schedule is as follows:
Fees Applicable to the Natural Gas
Policy Act:
1. Petitions for rate approval pursuant
to 18 CFR 284.123(b)(2). (18 CFR
381.403): $10,420.
Fees Applicable to General Activities:
1. Petition for issuance of a
declaratory order (except under Part I of
the Federal Power Act). (18 CFR
381.302(a)): $20,940.
2. Review of a Department of Energy
remedial order:
Amount in controversy:
$0–9,999 (18 CFR 381.303(b)): $100.
$10,000–29,999 (18 CFR 381.303(b)):
$600.
$30,000 or more (18 CFR 381.303(a)):
$30,560.
3. Review of a Department of Energy
denial of adjustment:
Amount in controversy:
$0–9,999 (18 CFR 381.304(b)): $100.
$10,000–29,999 (18 CFR 381.304(b)):
$600.
$30,000 or more (18 CFR 381.304(a))
$16,020.
4. Written legal interpretations by the
Office of General Counsel (18 CFR
381.305(a)): $6,000.
Fees Applicable to Natural Gas
Pipelines:
1. Pipeline certificate applications
pursuant to 18 CFR 284.224 (18 CFR
381.207(b)): $1,000*
Fees Applicable to Cogenerators and
Small Power Producers:
1. Certification of qualifying status as
a small power production facility (18
CFR 381.505(a)): $18,000.
2. Certification of qualifying status as
a cogeneration facility (18 CFR
381.505(a)): $20,380.
The Commission is eliminating the
fee for applications for exempt
wholesale generator status.
* This
E:\FR\FM\17APR1.SGM
fee has not been changed.
17APR1
]]>Agencies
[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Rules and Regulations]
[Pages 19112-19116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7229]
=======================================================================
-----------------------------------------------------------------------
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 11, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Order granting extension of compliance action dates.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
extending certain deadlines for compliance actions required by Order
No. 890, the final rule issued in this proceeding on February 16, 2007.
DATES: The date by which transmission providers must implement certain
reforms adopted in Order No. 890 is hereby extended by 60 days, to July
13, 2007, as set forth in Appendix A of this order.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon
Wellinghoff.
Order Granting Extension of Compliance Action Dates
1. On March 21, 2007, Tampa Electric Company (Tampa Electric)
together with Florida Power & Light Company (FPL) filed a motion for
extension of deadlines relating to the implementation of additional
functionality for the Open Access Same-Time Information System (OASIS)
and the posting of new transmission-related metrics as outlined in
Order No. 890.\1\ On March 29, 2007, Tampa Electric and FPL
supplemented their motion with a preliminary assessment of technical
work required to implement the additional OASIS functionality and the
posting of new transmission-related metrics.
---------------------------------------------------------------------------
\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 (Order No. 890).
---------------------------------------------------------------------------
2. On March 23, 2007, the Edison Electric Institute (EEI) filed a
motion requesting that the Commission extend to 120 days from
publication of Order No. 890 in the Federal Register all deadlines
currently set as less than 120 days as applied to transmission
providers that are not members of an Independent System Operator (ISO)
or Regional Transmission Organization (RTO). On March 29, 2007, EEI
filed a second motion to extend the filing deadline for ISO and RTO
transmission providers' ``strawman'' proposals detailing compliance
with each of the nine planning principles adopted in Order No. 890.
3. On April 3, 2007, E.ON U.S. LLC (E.ON) filed a motion stating
its support of EEI's request to allow utilities not participating in an
ISO or RTO an additional 60 days to comply with the non-rate terms and
conditions set out in Order No. 890, but requesting a 90-day extension
for submission of its Federal Power Act (FPA) section 206 compliance
filing due to E.ON's particular circumstances.
4. Finally, on April 9, 2007, Portland General Electric Company
(PGE) filed a motion seeking an extension of deadlines associated with
the optional filing under FPA section 205 regarding previously-approved
variations from the pro forma Open Access Transmission Tariff (OATT).
5. For the reasons outlined below, the Commission grants in part
the March 23, 2007, motion of EEI and denies the March 29, 2007, motion
of EEI, as well as the subsequent motions of E.ON and PGE. Accordingly,
the joint motion of Tampa Electric and FPL, as supplemented, is
rejected as moot.
I. Background
6. On February 16, 2007, the Commission issued Order No. 890 on
Preventing Undue Discrimination and Preference in Transmission Service
in these dockets.\2\ In Order No. 890, the Commission amended its
regulations and the pro forma OATT, adopted in Order No. 888,\3\ to
ensure that transmission services are provided on a basis that is just,
reasonable and not unduly discriminatory or preferential. The
Commission designed Order No. 890 to: (1) Strengthen the pro forma OATT
to ensure that it achieves its original purpose of remedying undue
discrimination; (2) provide greater specificity to reduce opportunities
for undue discrimination and facilitate the Commission's enforcement;
and (3) increase transparency in the rules applicable to planning and
use of the transmission system.
---------------------------------------------------------------------------
\2\ Id.
\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).
---------------------------------------------------------------------------
7. Order No. 890 established a number of compliance requirements
with corresponding deadlines, each necessary to achieve its stated
goals. Among other things, transmission providers that have not been
approved as ISOs or RTOs, and whose transmission facilities are not
under the control of an ISO or RTO, were directed to submit, within 60
days after publication of Order No. 890 in the Federal Register, i.e.,
May 14, 2007, filings under section 206 of the FPA that contain the
non-rate terms and
[[Page 19113]]
conditions set forth in the order.\4\ Within 75 days of publication,
i.e., May 29, 2007, all transmission providers must post a ``strawman''
proposal for compliance with each of the nine planning principles
adopted in Order No. 890.\5\ The Commission also requested that the
North American Electric Reliability Corporation (NERC) and the North
American Energy Standards Board (NAESB) file, within 90 days from
publication, i.e., June 13, 2007, a joint status report that contains a
work plan for completion of business practices and standards related to
calculation of Available Transfer Capability (ATC).\6\ NAESB was
further requested to file a status report and work plan for the
completion of the OASIS functionality or uniform business practices
related to reforms adopted in Order No. 890.\7\ The Commission required
each transmission provider to develop, within 90 days from publication,
i.e., June 13, 2007, its own OASIS functionality or business practices
necessary to implement certain reforms ordered in Order No. 890 pending
completion of the NERC and NAESB processes.\8\ Finally, the Commission
required transmission providers to comply with a number of new
regulations by Order No. 890's effective date of May 14, 2007.
---------------------------------------------------------------------------
\4\ Order No. 890 at P 139.
\5\ Id. at P 135.
\6\ Id. at P 223.
\7\ Id. at P 141.
\8\ Id.
---------------------------------------------------------------------------
8. In addition to these compliance obligations, the Commission
provided an optional 205 procedure for transmission providers seeking
to maintain previously-approved variations from the Order No. 888 pro
forma OATT that were affected by the reforms adopted in Order No. 890.
To the extent a transmission provider wishes to maintain these
previously-approved variations, the Commission stated that the
transmission provider would have to demonstrate that the relevant
tariff provisions continue to be consistent with or superior to the pro
forma OATT as modified by Order No. 890. The Commission provided that
such demonstrations could be made in an FPA section 205 filing
submitted within 30 days after publication of Order No. 890 in the
Federal Register, i.e., April 16, 2007. The Commission stated that each
applicant should request that these proposed tariff provisions be made
effective as of the date of the transmission provider's section 206
compliance filing.\9\
---------------------------------------------------------------------------
\9\ Id. at P 139.
---------------------------------------------------------------------------
II. Motions for Extension
9. Tampa Electric and FPL seek extension of compliance deadlines
related to the implementation of additional OASIS functionality and the
posting of new transmission-related metrics. As explained in their
motion, Tampa Electric and FPL currently use FLOASIS, the OASIS for
transmission providers in Florida. Tampa Electric and FPL state that
they are currently negotiating an agreement with a new host, Open
Access Technology International, Inc. (OATI), and anticipate that their
new OASIS system will not be operational until July 1, 2007. If forced
to meet the deadlines set forth in Order No. 890, Tampa Electric and
FPL contend that they would be required to develop new software and
manual processes on the current FLOASIS, which would become obsolete
once they switch to the new OATI-hosted OASIS platform.
10. EEI, on behalf of transmission providers not affiliated with an
ISO or RTO, seeks in its March 23, 2007, motion an extension of certain
of the compliance requirements in Order No. 890 involving deadlines set
at less than 120 days from publication of the order in the Federal
Register. This would include: the FPA section 206 compliance filing
requirement, the ``strawman'' proposal deadline, and the deadlines set
for the NERC and NAESB status reports. EEI contends that the volume and
nature of the compliance requirements set forth in Order No. 890 render
these corresponding deadlines infeasible. To support its argument, EEI
describes in detail many of the steps it believes are necessary for
completion of the compliance requirements, such as the development of
new software or modifications to existing software.
11. In addition, EEI states particular concern regarding the time
needed to develop software upgrades necessary to implement conditional
firm service and planning redispatch. EEI also contends the current
compliance schedule does not allow sufficient time to ensure that the
new software and processes will not harm reliability. EEI therefore
requests reconsideration of the Commission's decision to make reforms
involving NERC and NAESB activities effective in advance of associated
development of business practices and standards. EEI requests the
Commission abandon its requirement that transmission providers
implement reforms on an individual basis prior to issuance of the final
NERC and NAESB rules.
12. EEI also requests the Commission delay other compliance
deadlines until the Commission issues further clarification of Order
No. 890. Specifically, EEI contends that without additional guidance
from the Commission regarding revising transmission rates to reflect
capacity benefit margin (CBM) set-aside, and prior to the issuance of
the final NERC and NAESB standards, there may be significant
inconsistencies in rate design among utilities, which could lead to
hearing and settlement proceedings. EEI also states that transmission
providers that make firm system sales need further clarification
regarding the manner in which network resources should be designated
and that, in the absence of such guidance, the Commission should not
penalize transmission providers for their attempts to implement Order
No. 890.
13. EEI further asks that the Commission clarify that the changes
to Schedule 4 and Schedule 9 regarding imbalance charges need not
become effective until the billing cycle immediately following the
effective date of the revised pro forma OATT. EEI argues that requiring
transmission providers to bill in two different billing methods for the
same service over the course of a month would create the need for a
complex software workaround.
14. In conjunction with its various requests, EEI proposes to
organize a public conference on or about May 14, 2007, for participants
to discuss progress made in their compliance efforts and any obstacles
that have arisen.
15. On March 29, 2007, EEI filed a second motion on behalf of
transmission providers that are members of an ISO or RTO, requesting a
similar extension for filing of the ``strawman'' proposals for those
entities. EEI contends in this motion that it is not feasible for ISOs
and RTOs, and their transmission-owning members, to obtain robust input
from a broad range of stakeholders in time to meet the current 75-day
deadline. According to EEI, this deadline will be particularly
challenging for most ISOs, RTOs and transmission owners because of the
time required to coordinate planning obligations.
16. Answers to the EEI motions were filed by the American Public
Power Association, National Rural Electric Cooperative Association,
Transmission Access Policy Study Group, and Transmission Dependent
Utility Systems (together the APPA Joint Commenters), the Mid-Continent
Power Pool (MAPP) on behalf of its public utility members, Puget Sound
Energy, Inc. (Puget), and the Electric Power Supply Association (EPSA).
MAPP and Puget state full support of EEI's March
[[Page 19114]]
23, 2007, motion, reiterating many of the arguments made by EEI. While
the APPA Joint Commenters do not object to the extensions of time
requested by EEI, they request that the Commission provide at least 45
days to comment on transmission providers' compliance filings if the
requested extensions are granted. In support of their request, the APPA
Joint Commenters contend that consolidation of the 60-day, 75-day, and
90-day deadlines into a single 120-day deadline will impose increased
burdens on interested parties reviewing those previously-staggered
filings and postings. EPSA states its support of the APPA Joint
Commenters' request.
17. The APPA Joint Commenters also express particular concern with
two elements of the EEI motions. First, they argue that the Commission
should only grant an extension of the requirement to complete software
modifications on a case-by-case basis and, even then, only on a showing
of clear and convincing need. Second, the APPA Joint Commenters argue
that, if the Commission grants EEI's request to delay posting of the
``strawman'' proposals, the associated technical conferences should
also be delayed in order to maintain a 15- to 45-day period for
stakeholder review of the ``strawman'' postings.
18. On April 3, 2007, E.ON filed a motion supporting EEI's request
to allow utilities not participating in an ISO or RTO an additional 60
days to comply with the non-rate terms and conditions set out in Order
No. 890. E.ON contends, however, that it is different from most stand-
alone utilities because it must coordinate compliance efforts with the
Southwest Power Pool, the independent transmission organization for
E.ON's transmission system, as well as the Tennessee Valley Authority,
which serves as the reliability coordinator for E.ON's transmission
system. E.ON therefore requests a 90-day extension to submit its FPA
section 206 compliance filing, rather than the 60-day extension
requested by EEI.
19. On April 9, 2007, PGE filed a motion requesting an extension of
the deadline to submit FPA section 205 filings relating to previously-
approved variations from the pro forma OATT. To the extent the
Commission grants EEI's request for an extension of the date to submit
the FPA section 206 compliance filings, PGE requests that the
Commission also generically extend the date of the FPA section 205
filings by 60 days. PGE further requests that, as to its own FPA
section 205 filing, the Commission permit it to delay that filing until
after the Commission issues its order on rehearing in this proceeding.
III. Commission Determination
20. The Commission partially grants EEI's request and extends the
date on which reforms adopted in Order No. 890 would have otherwise
been effective by 60 days, i.e., to July 13, 2007, except as provided
for below. Specifically, all transmission providers that have not been
approved as ISOs or RTOs, and whose transmission facilities are not
under the control of an ISO or RTO, are required to submit FPA section
206 compliance filings that contain the non-rate terms and conditions
set forth in Order No. 890 within 120 days of publication of the order
in the Federal Register, i.e., July 13, 2007. Similarly, transmission
providers must take all other actions necessary to implement the
reforms adopted in Order No. 890, except as provided for below, on or
before July 13, 2007, unless a later compliance date was otherwise
specified in the order.\10\
---------------------------------------------------------------------------
\10\ Order No. 890 also requested NERC and NAESB to submit
status reports within 90 days of publication of the order in the
Federal Register, i.e., June 13, 2007, containing work plans for
developing standards and business practices associated with reforms
adopted in Order No. 890. The limited extension of time granted here
applies to actions to be taken by transmission providers and, thus,
the NERC and NAESB filing deadlines remain unchanged.
---------------------------------------------------------------------------
21. With regard to the requirement for transmission providers to
post ``strawman'' proposals for compliance with the nine planning
principles adopted in Order No. 890, we deny EEI's requests for
extension and retain the requirement that such postings be made within
75 days of publication of the order in the Federal Register, i.e., May
29, 2007. The ``strawman'' proposals are necessary to facilitate the
technical conferences that the Commission has scheduled in June 2007 to
encourage discussion as to how transmission providers ultimately intend
to fulfill their planning requirements. Due to the delay in Federal
Register publication, the ``strawman'' posting date is more than 100
days after Order No. 890 was issued, which is consistent with EEI's
assertion that the Commission typically provides 90 to 120 days for RTO
and ISO efforts that require stakeholder participation.\11\ In any
event, the ``strawman'' proposals are only one aspect of the compliance
process. The actual Attachment K compliance filing deadline is not
until October 11, 2007. Transmission providers will therefore have
roughly four months to prepare their Attachment K filings after the
Commission holds technical conferences to discuss the ``strawman''
proposals. We believe this is sufficient time to ensure timely
compliance with the Attachment K filing deadline.
---------------------------------------------------------------------------
\11\ EEI March 29 Motion at 2.
---------------------------------------------------------------------------
22. With regard to imbalance charges, however, we agree that it
would be reasonable for a transmission provider to extend the date on
which the imbalance-related provisions adopted in Schedule 4 and
Schedule 9 become effective until the first day of the billing cycle
following the effectiveness of the underlying imbalance-related
reforms. Specifically, transmission providers submitting their
imbalance provisions in section 206 filings on or before July 13, 2007,
may specify that those provisions will become effective on the first
day of the billing cycle following the filing date. We agree that this
modest extension of the effectiveness of imbalance-related reforms will
facilitate the implementation of those reforms.
23. The Commission is not convinced that EEI's remaining requests
for extension or further generic modification of Order No. 890's
compliance obligations are necessary. Although the Commission is aware
of the challenges of compliance with Order No. 890, we are not
persuaded that the related deadlines, as modified herein, are
unreasonable or unclear. Order No. 890 is the result of a multi-year
proceeding during which the Commission sought and received multiple
rounds of comments from over 300 parties. The various compliance
obligations in Order No. 890, including CBM-related modification of
rates and implementation of interim workarounds pending development of
final NERC and NAESB standards and business practices, were established
after full consideration of these comments and the Commission's
determination that related reforms are necessary to remedy the
potential for undue discrimination.\12\ EEI has not persuaded us that
generic modification of those obligations pending final standards and
practice development by NERC and
[[Page 19115]]
NAESB would be appropriate.\13\ Any issues specific to a transmission
provider's ability to comply with the requirements of Order No. 890, as
modified herein, may be considered during the compliance process on a
case-by-case basis. For similar reasons, we deny the APPA Joint
Commenters' request to establish in advance of the compliance process
the number of days parties will have to comment on compliance filings.
---------------------------------------------------------------------------
\12\ With specific regard to the CBM-related rate changes
required in Order No. 890, we believe that EEI's concerns are
misplaced. Order No. 890 expressly contemplated transmission
providers proposing necessary changes to rate design to ensure that
point-to-point customers do not pay a transmission charge that
includes the cost of the CBM set-aside, provided that the subject of
such rate filings be limited solely to the issue of CBM-related cost
recovery. See Order No. 890 at P 263. Nothing in Order No. 890
precludes transmission providers from proposing modification of
rates for other services (such as network service) as necessary to
recover CBM-related costs previously paid by point-to-point
customers and, therefore, it is not necessary to extend the deadline
for those filings.
\13\ Although Order No. 890 directed NERC and NAESB to develop
standards and business practices necessary to implement ATC-related
reforms within 270 and 360 days of publication of the order in the
Federal Register, respectively, it did not establish a specific
timeframe for NAESB's development of business practices necessary
for remaining reforms. Instead, NAESB was requested to submit a work
plan within 90 days of publication of the order in the Federal
Register, upon review of which the Commission will issue an order
establishing further compliance deadlines as necessary. See Order
No. 890 at P 141.
---------------------------------------------------------------------------
24. The Commission also denies E.ON's request to extend its FPA
section 206 compliance filing deadline by 90 days instead of the 60-day
extension requested by EEI, granted above. All transmission providers
must coordinate their compliance efforts with personnel internal and
external to their organizations. We recognize these efforts will be
complicated but, as explained above, they are the logical outgrowth of
this multi-year proceeding. E.ON fails to justify the need for
differential treatment during the compliance process.
25. Finally, the Commission denies PGE's request to extend the FPA
section 205 deadlines relating to previously-approved variations from
the pro forma OATT. The optional section 205 procedure was established
so that transmission providers would have an opportunity to demonstrate
that any previously-approved variations continue to be consistent with
or superior to the terms and conditions of the reformed pro forma OATT,
thereby allowing those transmission providers to retain those
variations during implementation of Order No. 890. It is not necessary,
as PGE assumes, to extend the 30-day deadline for submission of the
section 205 filings simply because we extend the deadline for the
section 206 compliance filings above.\14\ The purpose of each filing is
distinct and PGE offers no reason as to why transmission providers may
need additional time to prepare their section 205 filings, which relate
only to tariff provisions the Commission has already reviewed and
approved. Moreover, deferring the deadline for PGE's FPA section 205
filing until after our order on rehearing in this proceeding would not
achieve PGE's stated goal of ensuring that its previously-approved
deviations remain in effect during the compliance process.\15\ In the
section 206 compliance filing, each transmission provider must conform
the non-rate terms and conditions of its OATT to the reformed non-rate
terms and conditions of the pro forma OATT. Failure to request that
previously-approved variations remain in place in advance of submitting
the compliance filing will result in those provisions being eliminated
during the compliance process.
---------------------------------------------------------------------------
\14\ As provided in Order No. 890, however, transmission
providers should request that the tariff provisions proposed in
their optional 205 filings be made effective as of the date the
transmission provider submits its section 206 compliance filing,
which must now be on or before July 13, 2007. See id. at P 139.
\15\ See PGE Motion at 3.
---------------------------------------------------------------------------
26. In light of the extension of certain deadlines for compliance
with Order No. 890 provided for above, the request for extension
submitted by FPL and Tampa Electric is moot.
The Commission Orders
(A) The date on which the reforms adopted in Order No. 890 would
have otherwise been effective is hereby extended by 60 days, i.e., to
July 13, 2007, except as otherwise provided in the body of this order.
(B) The request for extension submitted by FPL and Tampa Electric
is dismissed as moot.
(C) The request for extensions submitted by E.ON and PGE are
denied.
(D) The Secretary shall promptly publish a copy of this order in
the Federal Register.
By the Commission.
Kimberly D. Bose,
Secretary.
Appendix A: Summary of Compliance Filing Requirements
For a more detailed description of compliance obligations please
refer to Order No. 890 paragraph number. For further information
related to Order No. 890, such as electronic versions of the pro
forma OATT showing tariff changes adopted in Order No. 890 in
redline/strikeout format, and further information regarding
docketing of compliance filings and specific filing instructions,
please visit our Web site at the following location: https://
www.ferc.gov/industries/electric/indus-act/oatt-reform.asp.
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Deadline (days after
publication in the Fed. Compliance action Order No. 890
Reg.) paragraph No.
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30 (4/16/2007).............. Optional Implementation P 139
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 reforms to
remain in effect subject
to a demonstration that
such variations continue
to be consistent with or
superior to the revised
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.
75 (5/29/2007).............. Transmission Providers P 443
must post a ``strawman''
proposal for compliance
with each of the nine
planning principles
adopted in Order No.
890. This may be posted
on the Transmission
Providers Web site or
its OASIS site.
90 (6/13/2007).............. NERC/NAESB status report P 223
and work plan for
completion of ATC
related business
practices and standards.
NAESB status report and P 141
work plan for completion
of OASIS functionality
or uniform business
practices (other than
those related to ATC).
120 (7/13/2007)............. Transmission Providers P 135
that have not been
approved as ISOs or
RTOs, and whose
transmission facilities
are not under the
control of an ISO or
RTO, must submit FPA
section 206 filings that
contain the non-rate
terms and conditions set
forth in Order No. 890.
These filings need only
contain the revised
provisions adopted in
Order No. 890.
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 Order No. 890,
i.e., modifications
related to tariff
provisions that did not
implicate previously-
approved variations.
120 (7/13/2007)............. Transmission Providers P 263
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.
[[Page 19116]]
180 (9/11/2007)............. Submit compliance filings P 140
with Attachment C (ATC)
of the pro forma OATT.
210 (10/11/2007)............ ISOs and RTOs, and P 157
transmission providers P 161
located within an ISO/
RTO footprint, submit
FPA section 206 filings
that contain the non-
rate terms and
conditions set forth in
Order No. 890. These
filings need only
contain the revised
provisions adopted in
Order No. 890 or a
demonstration that
previously approved
variations continue to
be consistent with or
superior to the revised
pro forma OATT.
210 (10/11/2007)............ Submit compliance filings P 140
with Attachment K P 422
(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 Order No.
890.
N/A......................... N/A Transmission P 325
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.
N/A......................... After the submission of P 135
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
Order No. 890 if those
provisions are
``consistent with or
superior to'' the pro
forma OATT.
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[FR Doc. E7-7229 Filed 4-16-07; 8:45 am]
BILLING CODE 6717-01-P
