Standards for Business Practices and Communication Protocols for Public Utilities; Duke Energy Carolinas, LLC, 15374-15376 [E9-7577]
Download as PDF
15374
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations
had not been received by the date the
final rule was published, the effective
date of the associated permitting,
reporting, and VMS requirements in that
rule was delayed. OMB approved the
collection–of–information requirements
on March 9, 2009.
Classification
List of Subjects in 15 CFR Part 902
pwalker on PROD1PC71 with RULES
Authority: 44 U.S.C. 3501 et seq.
2. In § 902.1, amend the table in
paragraph (b), under the entry ‘‘50 CFR’’
by removing the entry for ‘‘665.25’’,
adding an entry for ‘‘665.19’’ in
numerical order, and revising the
entries for ‘‘665.16’’ and ‘‘665.61’’ to
read as follows:
*
*
(b) * * *
CFR part or
section
where the
information
collection
requirement
is located
*
*
Current OMB control number
(all numbers begin with
0648–)
*******
50 CFR
*******
665.16
–0360 and –0584
*******
665.19
–0441 and –0584
*******
665.61
–0490 and –0584
*******
[FR Doc. E9–7707 Filed 4–3–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 38
Docket No. RM05–5–000; OA08–50–002]
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Order on Requests for Waiver.
For the reasons set out in the
preamble, 15 CFR part 902 is amended
as follows:
Jkt 217001
*
Issued March 30, 2009.
Dated: April 1, 2009.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service
■
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
Standards for Business Practices and
Communication Protocols for Public
Utilities; Duke Energy Carolinas, LLC
Reporting and recordkeeping
requirements.
16:36 Apr 03, 2009
1. The authority citation for part 902
continues to read as follows:
■
■
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act (PRA), unless that
collection of information displays a
currently valid OMB control number.
This final rule contains new
collection–of–information requirements
subject to the PRA under OMB Control
Numbers 0648–0584 (CNMI bottomfish
fishing permits, vessel identification,
and VMS requirements) and 0648–0214
(CNMI bottomfish fishing logs and sales
reports). The public reporting burden
for these requirements is estimated to be
0.5 hr per permit applicant, with
renewals requiring an additional 0.5 hr
annually, 20 min for completing a
fishing logbook each day, and
approximately 35 min per vessel per
fishing trip for completing Federal sales
reports. For the purpose of this rule
only, vessels larger than 40 ft (12.2 m)
in length are required to submit Federal
sales reports. These estimates include
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Send
comments regarding these burden
estimates or any other aspect of this data
collection, including suggestions for
reducing the burden, to William L.
Robinson (see ADDRESSES), or by e–mail
to DavidlRostker@omb.eop.gov, or fax
to 202–395–7285.
VerDate Nov<24>2008
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS
SUMMARY: The Federal Energy
Regulatory Commission grants in part,
and denies in part, requests for waiver
of certain North American Electric
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Standards Board (NAESB) business
practice standards incorporated into
Part 38 of the Commission’s regulations.
DATES: Effective Date: This rule will
become effective April 6, 2009.
FOR FURTHER INFORMATION CONTACT: W.
Mason Emnett, 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: Jon
Wellinghoff, Chairman; Suedeen G.
Kelly, Marc Spitzer, and Philip D.
Moeller.
1. On January 6, 2009, the Edison
Electric Institute (EEI) submitted in
Docket No. RM05–5–000 a request on
behalf of electric transmission providers
that the Commission issue a blanket
waiver of certain North American
Electric Standards Board (NAESB)
business practice standards
incorporated into the Commission’s
regulations. EEI states that the NAESB
business practices require the posting of
information that is inconsistent with the
Commission’s posting requirements
under Part 358 of its regulations, as
amended in Order No. 717.1 The
Commission grants in part, and denies
in part, the requested waiver, as
discussed below.
2. On January 16, 2009, Duke Energy
Carolinas, LLC (Duke) renewed EEI’s
request for waiver in Docket No. OA08–
50–002 as part of a compliance filing
proposing to incorporate the latest
version of NAESB’s business practice
standards into Duke’s Open Access
Transmission Tariff (OATT).2 Duke
proposed incorporating a reference to
the pending request for waiver into
certain provisions of its OATT. The
Commission directs Duke to submit a
further compliance filing, described
below, to reflect the Commission’s
decision to grant in part, and deny in
part, the requested waiver.
I. Background
3. NAESB is a non-profit standards
development organization established in
January 2002 that serves as an industry
forum for the development of standards
that promote a seamless marketplace for
wholesale and retail natural gas and
electricity. In a series of orders, the
Commission has incorporated certain of
1 Standards of Conduct for Transmission
Providers, Order No. 717, 73 FR 63796 (Oct. 27,
2008), FERC Stats. & Regs. ¶ 31, 280 (2008), reh’g
pending.
2 The Commission recently accepted Duke’s
compliance filing, but deferred action on its request
for waiver of NAESB’s business practice standards.
See Duke Energy Carolinas, LLC, 126 FERC ¶ 61,
226 (2009).
E:\FR\FM\06APR1.SGM
06APR1
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations
pwalker on PROD1PC71 with RULES
NAESB’s standards into its regulations.3
The NAESB standards include
standards for business practices as well
as standards and protocols for electronic
communication on the Open Access
Same-time Information System (OASIS).
4. Of particular relevance here,
requirement WEQ–002–4.5.2 of
NAESB’s Business Practices for OASIS
Standards and Communications
Protocol (OASIS S&C Protocol), version
1.4, directs transmission providers to
establish a Standards of Conduct link on
their OASIS home pages that contains
information that the Commission in
Order No. 2004 required transmission
providers to post on their OASIS sites.4
Requirement WEQ–001–1.6(g)(4) of the
Business Practices for Open Access
Same-Time Information System (OASIS
Business Practices), version 1.4,
provides for the posting of logs, also
required in Order No. 2004, detailing
the circumstances and manner in which
a transmission provider exercises
discretion under its OATT. Requirement
WEQ–002–4.3.10.5 of the OASIS S&C
Protocol, version 1.4, establishes the
template to be used when posting such
acts of discretion.
5. In Order No. 676–C, the
Commission incorporated by reference
into Part 38 of its regulations version 1.4
of the OASIS S&C Protocol, including
WEQ–002.4.5.2 and WEQ–002–
4.3.10.5.5 However, the Commission
declined to incorporate into its
regulations the entirety of version 1.4 of
the OASIS Business Practices.6 Among
other things, the Commission declined
to incorporate WEQ–001–1.6, having
explained in the Notice of Proposed
3 Standards for Business Practices and
Communication Protocols for Public Utilities, Order
No. 676, 71 FR 26199 (May 4, 2006), FERC Stats.
& Regs. ¶ 31,216 (2006), reh’g denied, Order No.
676–A, 116 FERC ¶ 61,255 (2006), Order No. 676–
B, 72 FR 21095 (Apr. 30, 2007), FERC Stats. & Regs.
¶ 31,246 (2007), Order No. 676–C, 73FR 43848 (July
29, 2008, FERC Stats. & Regs. ¶ 31,274 (2008), Order
No. 676–D, 124 FERC ¶ 61,317 (2008); Standards
for Business Practices for Interstate Natural Gas
Pipelines, Order No. 698, 72 FR 38757 (July 16,
2007), FERC Stats. & Regs. ¶ 31,251 (2007), order
on clarification and reh’g, Order No. 698–A, 121
FERC ¶ 61,264 (2007).
4 Standards of Conduct for Transmission
Providers, Order No. 2004, 68 FR 69134 (Nov. 25,
2003), FERC Stats. & Regs. ¶ 31,155 (2003), order
on reh’g, Order No. 2004–A, 69 FR 23562 (Apr. 20,
2004), FERC Stats. & Regs. ¶ 31,161 (2004), order
on reh’g, Order No. 2004–B, 69 FR 48371 (Aug. 10,
2004), FERC Stats. & Regs. ¶ 31,166 (2004), order
on reh’g, Order No. 2004–C, 70 FR 284 (Jan. 4,
2005), FERC Stats. & Regs. ¶ 31,172 (2004), order
on reh’g, Order No. 2004–D, 110 FERC ¶ 61,320
(2005), vacated and remanded as it applies to
natural gas pipelines sub nom. Nat’l Fuel Gas
Supply Corporation v. FERC, 468 F.3d 831 (D.C. Cir.
2006).
5 Order No. 676–C, FERC Stats. & Regs. ¶ 31,274
at P 9; see 18 CFR 38.2 (2008).
6 Id. P 7, n.10; see 18 CFR38.2(a)(1).
VerDate Nov<24>2008
16:36 Apr 03, 2009
Jkt 217001
Rulemaking initiating the proceeding
that this business practice merely
duplicates language already set forth in
the Commission’s regulations and,
therefore, is not appropriate for
incorporation.7
6. On September 2, 2008, NAESB
reported to the Commission that its
Wholesale Electric Quadrant (WEQ)
Executive Committee had approved new
versions of its standards, including the
OASIS Business Practices and the
OASIS S&C Protocol. In the new
versions of these standards, the
directive to establish a Standards of
Conduct link on the OASIS is moved
from requirement WEQ–002–4.5.2 to
requirement WEQ–001–1–13.1.2. The
language of the new requirement WEQ–
001–1–13.1.2 is substantially identical
to the prior version of WEQ–002–4.5.2,
which has been amended to crossreference the replacement language of
WEQ–001–1–13.1.2. The requirements
of WEQ–001–1.6(g)(4) and WEQ–002–
4.3.10.5 are unchanged. The revised
versions of the OASIS Business
Practices and OASIS S&C Protocol are
the subject of a Notice of Proposed
Rulemaking issued recently in Docket
No. RM05–5–013.8 Until such time as
the Commission acts in that proceeding,
version 1.4 of those standards remains
in effect.
7. On October 16, 2008, the
Commission issued Order No. 717,
reforming the Standards of Conduct
applicable to transmission providers
and adopting corresponding revisions to
Part 358 of the Commission’s
regulations. Among other things, the
Commission eliminated various posting
requirements previously imposed under
Order No. 2004, including the
requirement to post certain information
identified in version 1.4 of requirements
WEQ–001–1.6(g)(4), WEQ–002.4.3.10.5,
and WEQ–002–4.5.2.
II. Requests for Waiver
A. Docket No. RM05–5–000
8. On behalf of all electric
transmission providers, EEI requests in
Docket No. RM05–5–000 that the
Commission waive the requirements of
WEQ–001–1.6(g)(4), version 1.4, and
WEQ–002–4.5.2 and WEQ–002.4.3.10.5,
version 1.4. EEI contends that these
business practice standards are no
longer consistent with the posting
7 Standards for Business Practices and
Communication Protocols for Public Utilities,
Notice of Proposed Rulemaking, 70 FR 28222 (May
17, 2005), FERC Stats. & Regs. ¶ 32,582, at P 33–
34 (2005).
8 Standards for Business Practices and
Communications Protocols for Public Utilities,
Notice of Proposed Rulemaking, FERC Stats. & Regs.
¶ 32,640 (2009).
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
15375
requirements under the Standards of
Conduct as reformed in Order No. 717.
Specifically, EEI states that WEQ–002–
4.5.2, version 1.4, provides that
transmission providers should post
information on their OASIS sites
regarding emergency circumstances
deviations, marketing and energy
affiliates, shared facilities,
organizational charts and job
descriptions, common employees,
potential merger partners, transfers,
information disclosures, voluntary
consent to share non-affiliated customer
information, discretionary actions under
the OATT, discounts, chief compliance
officers, and written implementation
procedures. Although EEI acknowledges
that the use of ‘‘should’’ in the business
practice standard is arguably not
mandatory, EEI states that WEQ–001–
1.6(g)(4), version 1.4, requires the
posting of discretionary actions under
the OATT and that WEQ–002–4.3.10.5,
version 1.4, dictates the exact template
the transmission provider must use
when posting a log of acts of discretion.
9. EEI states that, in Order No. 717,
the Commission made significant
changes to the Standards of Conduct.
EEI notes that the Commission, among
other things, eliminated the requirement
to post an organizational chart,
eliminated the requirement to post
emergency circumstances deviations,
altered the requirement to post
information regarding affiliates,
eliminated the requirement to post
common employees, and eliminated the
discount posting requirement. As a
result, EEI states that the NAESB
business practices standards impose or
suggest requirements that are no longer
reflected in the Commission’s Standards
of Conduct. EEI states that one or more
of its members will be seeking to change
the relevant NAESB standards to reflect
Order No. 717, but in the interim EEI
requests that the Commission issue a
blanket waiver to confirm that
transmission providers are not obligated
to abide by NAESB standards that
impose or suggest posting requirements
under the Standards of Conduct that
have been eliminated by Order No. 717.
B. OA08–50–002
10. Duke renews EEI’s request for
waiver as part of a compliance filing in
Docket No. OA08–50–002 proposing to
incorporate the latest version of
NAESB’s business practice standards.
Duke states that it supports EEI’s request
for waiver and, to that end, Duke
proposes to exclude WEQ 001–1.6(g)(4),
WEQ–002–4.5.2, and WEQ–002–
4.3.10.5 from the incorporation of the
NAESB OASIS Business Practices and
OASIS S&C Protocol into its OATT. The
E:\FR\FM\06APR1.SGM
06APR1
15376
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations
Commission recently accepted Duke’s
filing as it related to other compliance
obligations, but deferred action on the
request for waiver of the NAESB
business practice standards.
pwalker on PROD1PC71 with RULES
III. Commission Determination
11. The Commission grants in part,
and denies in part, the requested
waiver. EEI and Duke request waiver of
three NAESB business practice
standards: WEQ–001–1.6(g)(4) of the
OASIS Business Practices, version 1.4;
and, WEQ–002–4.5.2 and WEQ–
002.4.3.10.5 of the OASIS S&C Protocol,
version 1.4. The Commission grants
waiver of the posting requirements of
WEQ–002–4.5.2, version 1.4, to the
extent they extend beyond the
requirements of Part 358 of the
Commission’s regulations, as amended
by Order No. 717. The Commission
denies as unnecessary the request for
waiver of WEQ–001–1.6(g)(4) and
WEQ–002.4.3.10.5, version 1.4.
12. As noted by EEI, certain of the
posting requirements of WEQ–002–4.5.2
are no longer consistent with the
posting requirements of part 358 of the
Commission’s regulations, as amended
by Order No. 717. For example, WEQ–
002–4.5.2 requires transmission
providers to post information regarding
emergencies that result in a deviation
from the Standards of Conduct, referring
to corresponding requirements in the
Commission’s regulations adopted in
Order No. 2004. In Order No. 717, the
Commission eliminated the requirement
to post information regarding emergency
deviations, revising its regulations
accordingly.9 The version of WEQ–002–
4.5.2 currently incorporated into Part 38
of the Commission’s regulations
therefore does not reflect changes
adopted in Part 358 of the Commission’s
regulations. To conform the
requirements incorporated into Part 38
with the requirements of Part 358, the
Commission grants waiver for all
electric transmission providers of those
requirements of section 38.2(b)(2) of the
Commission’s regulations relating to the
posting of information under WEQ–
002–4.5.2, version 1.4, that extend
beyond the posting requirements of Part
358 of the Commission’s regulations, as
amended by Order No. 717.10
9 See 18 CFR 358.7(h) (as revised by Order No.
717 at P 214).
10 The Commission’s determination here is
consistent with its proposal in the Notice of
Proposed Rulemaking addressing recent revisions to
the NAESB business practice standards to not
require public utilities to comply with the
requirements of WEQ–001–13.1.2, version 1.5, that
are inconsistent with Order No. 717. See Standards
for Business Practices and Communications
Protocols for Public Utilities, FERC Stats. & Regs. ¶
32,640, at P 16 (2009).
VerDate Nov<24>2008
16:36 Apr 03, 2009
Jkt 217001
13. EEI and Duke also seek waiver of
versions 1.4 of WEQ–001–1.6(g)(4) and
WEQ–002.4.3.10.5. As noted above, the
Commission has not incorporated
WEQ–001–1.6 into Part 38 of its
regulations and, therefore, there is no
conflict in the Commission’s regulations
with respect to that posting
requirement.11 With regard to WEQ–
002–4.3.10.5, although that standard has
been incorporated into the
Commission’s regulations,12 it merely
establishes the template to be used
when posting information under WEQ–
001–1.6(g)(4). That template can
continue to be used by transmission
providers wishing to make such
postings, even if not otherwise required
under the Commission’s regulations.
Waiver of WEQ–001–1.6(g)(4) and
WEQ–002.4.3.10.5 is unnecessary and,
accordingly, the Commission denies the
requests for waiver of those business
practice standards.
14. Consistent with the Commission’s
determination on the requests for
waiver, the Commission directs Duke to
submit within 30 days a further
compliance filing in Docket No. OA08–
50–002 to eliminate from its OATT
language stating that waiver of the
requirements of WEQ–001–1.6(g)(4) and
WEQ–002–4.3.10.5 has been requested.
The Commission orders:
(A) The Commission hereby waives
for all electric transmission providers
those requirements of 18 CFR 38.2(b)(2)
relating to the posting of information
under WEQ–002–4.5.2, version 1.4, that
extend beyond the posting requirements
of Part 358 of the Commission’s
regulations, as amended by Order No.
717.
(B) The Commission directs Duke to
submit within 30 days a further
compliance filing in Docket No. OA08–
50–002 to eliminate from its OATT
language stating that a waiver of the
requirements of WEQ–001–1.6(g)(4) and
WEQ–002–4.3.10.5 has been requested.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E9–7577 Filed 4–3–09; 8:45 am]
BILLING CODE 6717–01–P
11 See 18 CFR 38.2(b)(1). As noted above, the
Commission declined to incorporate into its
regulations the requirements of WEQ–001–1.6,
version 1.4, because those requirements merely
duplicate language already set forth in the
Commission’s regulations.
12 See 18 CFR 38.2(b)(2).
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
POSTAL SERVICE
39 CFR Part 111
New Pricing Eligibility, Intelligent Mail,
and Move Update Standards for
Domestic Mailing Services and
Shipping Services—Revised Final
Postal ServiceTM.
ACTION: Final rule, revised.
AGENCY:
SUMMARY: The Postal Service filed a
notice of domestic Mailing Services
(and selected Shipping Services) price
adjustments with related changes to
mailing standards, effective in May
2009, with the Postal Regulatory
Commission on February 10, 2009. This
notice provides revisions to that final
rule.
DATES:
Effective May 11, 2009.
FOR FURTHER INFORMATION CONTACT:
Bill
Chatfield, 202–268–7278.
The Postal
Service’s final rule published in the
Federal Register on February 23, 2009
(Volume 74, Number 34, pages 8009–
8033) included revised eligibility
standards directly related to prices
established by the USPS® Governors.
This revised final rule contains
corrections to those standards. There
have been three pricing changes: to
Confirm pricing and eligibility; to Move
Update compliance; and to prices for
nonmachinable Standard Mail letters
over 3.3 ounces. Additionally, we note
several corrections to the mailing
standards from the February 23, 2009
final rule.
We summarize corrections below and
then provide updates to the related
mailing standards in Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM®).
SUPPLEMENTARY INFORMATION:
Changes for Standard Mail
Parcels and Not Flat-Machinable Pieces
(NFMs)
The Postal Service revised sections
440 and 705 of the DMM to change mail
preparation requirements and the
pricing structure for Standard Mail®
machinable and irregular parcels, and
NFMs prepared in sacks and pallets.
In the final rule, we added a new
origin-BMC (intra-BMC turnaround)
sortation level for all Standard Mail
parcels and NFMs with no minimum
number of pieces required. Intra-BMC
turnaround pieces are those pieces that
destinate in the same BMC that serves
the office where the pieces are accepted
and verified. In summary, mailers with
origin-entered mailings must separate
intra-BMC turnaround pieces from
mixed BMC pieces. In the DMM section
E:\FR\FM\06APR1.SGM
06APR1
Agencies
[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Rules and Regulations]
[Pages 15374-15376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7577]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 38
Docket No. RM05-5-000; OA08-50-002]
Standards for Business Practices and Communication Protocols for
Public Utilities; Duke Energy Carolinas, LLC
Issued March 30, 2009.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Order on Requests for Waiver.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission grants in part, and
denies in part, requests for waiver of certain North American Electric
Standards Board (NAESB) business practice standards incorporated into
Part 38 of the Commission's regulations.
DATES: Effective Date: This rule will become effective April 6, 2009.
FOR FURTHER INFORMATION CONTACT: W. Mason Emnett, 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: Jon Wellinghoff, Chairman; Suedeen G. Kelly,
Marc Spitzer, and Philip D. Moeller.
1. On January 6, 2009, the Edison Electric Institute (EEI)
submitted in Docket No. RM05-5-000 a request on behalf of electric
transmission providers that the Commission issue a blanket waiver of
certain North American Electric Standards Board (NAESB) business
practice standards incorporated into the Commission's regulations. EEI
states that the NAESB business practices require the posting of
information that is inconsistent with the Commission's posting
requirements under Part 358 of its regulations, as amended in Order No.
717.\1\ The Commission grants in part, and denies in part, the
requested waiver, as discussed below.
---------------------------------------------------------------------------
\1\ Standards of Conduct for Transmission Providers, Order No.
717, 73 FR 63796 (Oct. 27, 2008), FERC Stats. & Regs. ] 31, 280
(2008), reh'g pending.
---------------------------------------------------------------------------
2. On January 16, 2009, Duke Energy Carolinas, LLC (Duke) renewed
EEI's request for waiver in Docket No. OA08-50-002 as part of a
compliance filing proposing to incorporate the latest version of
NAESB's business practice standards into Duke's Open Access
Transmission Tariff (OATT).\2\ Duke proposed incorporating a reference
to the pending request for waiver into certain provisions of its OATT.
The Commission directs Duke to submit a further compliance filing,
described below, to reflect the Commission's decision to grant in part,
and deny in part, the requested waiver.
---------------------------------------------------------------------------
\2\ The Commission recently accepted Duke's compliance filing,
but deferred action on its request for waiver of NAESB's business
practice standards. See Duke Energy Carolinas, LLC, 126 FERC ] 61,
226 (2009).
---------------------------------------------------------------------------
I. Background
3. NAESB is a non-profit standards development organization
established in January 2002 that serves as an industry forum for the
development of standards that promote a seamless marketplace for
wholesale and retail natural gas and electricity. In a series of
orders, the Commission has incorporated certain of
[[Page 15375]]
NAESB's standards into its regulations.\3\ The NAESB standards include
standards for business practices as well as standards and protocols for
electronic communication on the Open Access Same-time Information
System (OASIS).
---------------------------------------------------------------------------
\3\ Standards for Business Practices and Communication Protocols
for Public Utilities, Order No. 676, 71 FR 26199 (May 4, 2006), FERC
Stats. & Regs. ] 31,216 (2006), reh'g denied, Order No. 676-A, 116
FERC ] 61,255 (2006), Order No. 676-B, 72 FR 21095 (Apr. 30, 2007),
FERC Stats. & Regs. ] 31,246 (2007), Order No. 676-C, 73FR 43848
(July 29, 2008, FERC Stats. & Regs. ] 31,274 (2008), Order No. 676-
D, 124 FERC ] 61,317 (2008); Standards for Business Practices for
Interstate Natural Gas Pipelines, Order No. 698, 72 FR 38757 (July
16, 2007), FERC Stats. & Regs. ] 31,251 (2007), order on
clarification and reh'g, Order No. 698-A, 121 FERC ] 61,264 (2007).
---------------------------------------------------------------------------
4. Of particular relevance here, requirement WEQ-002-4.5.2 of
NAESB's Business Practices for OASIS Standards and Communications
Protocol (OASIS S&C Protocol), version 1.4, directs transmission
providers to establish a Standards of Conduct link on their OASIS home
pages that contains information that the Commission in Order No. 2004
required transmission providers to post on their OASIS sites.\4\
Requirement WEQ-001-1.6(g)(4) of the Business Practices for Open Access
Same-Time Information System (OASIS Business Practices), version 1.4,
provides for the posting of logs, also required in Order No. 2004,
detailing the circumstances and manner in which a transmission provider
exercises discretion under its OATT. Requirement WEQ-002-4.3.10.5 of
the OASIS S&C Protocol, version 1.4, establishes the template to be
used when posting such acts of discretion.
---------------------------------------------------------------------------
\4\ Standards of Conduct for Transmission Providers, Order No.
2004, 68 FR 69134 (Nov. 25, 2003), FERC Stats. & Regs. ] 31,155
(2003), order on reh'g, Order No. 2004-A, 69 FR 23562 (Apr. 20,
2004), FERC Stats. & Regs. ] 31,161 (2004), order on reh'g, Order
No. 2004-B, 69 FR 48371 (Aug. 10, 2004), FERC Stats. & Regs. ]
31,166 (2004), order on reh'g, Order No. 2004-C, 70 FR 284 (Jan. 4,
2005), FERC Stats. & Regs. ] 31,172 (2004), order on reh'g, Order
No. 2004-D, 110 FERC ] 61,320 (2005), vacated and remanded as it
applies to natural gas pipelines sub nom. Nat'l Fuel Gas Supply
Corporation v. FERC, 468 F.3d 831 (D.C. Cir. 2006).
---------------------------------------------------------------------------
5. In Order No. 676-C, the Commission incorporated by reference
into Part 38 of its regulations version 1.4 of the OASIS S&C Protocol,
including WEQ-002.4.5.2 and WEQ-002-4.3.10.5.\5\ However, the
Commission declined to incorporate into its regulations the entirety of
version 1.4 of the OASIS Business Practices.\6\ Among other things, the
Commission declined to incorporate WEQ-001-1.6, having explained in the
Notice of Proposed Rulemaking initiating the proceeding that this
business practice merely duplicates language already set forth in the
Commission's regulations and, therefore, is not appropriate for
incorporation.\7\
---------------------------------------------------------------------------
\5\ Order No. 676-C, FERC Stats. & Regs. ] 31,274 at P 9; see 18
CFR 38.2 (2008).
\6\ Id. P 7, n.10; see 18 CFR38.2(a)(1).
\7\ Standards for Business Practices and Communication Protocols
for Public Utilities, Notice of Proposed Rulemaking, 70 FR 28222
(May 17, 2005), FERC Stats. & Regs. ] 32,582, at P 33-34 (2005).
---------------------------------------------------------------------------
6. On September 2, 2008, NAESB reported to the Commission that its
Wholesale Electric Quadrant (WEQ) Executive Committee had approved new
versions of its standards, including the OASIS Business Practices and
the OASIS S&C Protocol. In the new versions of these standards, the
directive to establish a Standards of Conduct link on the OASIS is
moved from requirement WEQ-002-4.5.2 to requirement WEQ-001-1-13.1.2.
The language of the new requirement WEQ-001-1-13.1.2 is substantially
identical to the prior version of WEQ-002-4.5.2, which has been amended
to cross-reference the replacement language of WEQ-001-1-13.1.2. The
requirements of WEQ-001-1.6(g)(4) and WEQ-002-4.3.10.5 are unchanged.
The revised versions of the OASIS Business Practices and OASIS S&C
Protocol are the subject of a Notice of Proposed Rulemaking issued
recently in Docket No. RM05-5-013.\8\ Until such time as the Commission
acts in that proceeding, version 1.4 of those standards remains in
effect.
---------------------------------------------------------------------------
\8\ Standards for Business Practices and Communications
Protocols for Public Utilities, Notice of Proposed Rulemaking, FERC
Stats. & Regs. ] 32,640 (2009).
---------------------------------------------------------------------------
7. On October 16, 2008, the Commission issued Order No. 717,
reforming the Standards of Conduct applicable to transmission providers
and adopting corresponding revisions to Part 358 of the Commission's
regulations. Among other things, the Commission eliminated various
posting requirements previously imposed under Order No. 2004, including
the requirement to post certain information identified in version 1.4
of requirements WEQ-001-1.6(g)(4), WEQ-002.4.3.10.5, and WEQ-002-4.5.2.
II. Requests for Waiver
A. Docket No. RM05-5-000
8. On behalf of all electric transmission providers, EEI requests
in Docket No. RM05-5-000 that the Commission waive the requirements of
WEQ-001-1.6(g)(4), version 1.4, and WEQ-002-4.5.2 and WEQ-002.4.3.10.5,
version 1.4. EEI contends that these business practice standards are no
longer consistent with the posting requirements under the Standards of
Conduct as reformed in Order No. 717. Specifically, EEI states that
WEQ-002-4.5.2, version 1.4, provides that transmission providers should
post information on their OASIS sites regarding emergency circumstances
deviations, marketing and energy affiliates, shared facilities,
organizational charts and job descriptions, common employees, potential
merger partners, transfers, information disclosures, voluntary consent
to share non-affiliated customer information, discretionary actions
under the OATT, discounts, chief compliance officers, and written
implementation procedures. Although EEI acknowledges that the use of
``should'' in the business practice standard is arguably not mandatory,
EEI states that WEQ-001-1.6(g)(4), version 1.4, requires the posting of
discretionary actions under the OATT and that WEQ-002-4.3.10.5, version
1.4, dictates the exact template the transmission provider must use
when posting a log of acts of discretion.
9. EEI states that, in Order No. 717, the Commission made
significant changes to the Standards of Conduct. EEI notes that the
Commission, among other things, eliminated the requirement to post an
organizational chart, eliminated the requirement to post emergency
circumstances deviations, altered the requirement to post information
regarding affiliates, eliminated the requirement to post common
employees, and eliminated the discount posting requirement. As a
result, EEI states that the NAESB business practices standards impose
or suggest requirements that are no longer reflected in the
Commission's Standards of Conduct. EEI states that one or more of its
members will be seeking to change the relevant NAESB standards to
reflect Order No. 717, but in the interim EEI requests that the
Commission issue a blanket waiver to confirm that transmission
providers are not obligated to abide by NAESB standards that impose or
suggest posting requirements under the Standards of Conduct that have
been eliminated by Order No. 717.
B. OA08-50-002
10. Duke renews EEI's request for waiver as part of a compliance
filing in Docket No. OA08-50-002 proposing to incorporate the latest
version of NAESB's business practice standards. Duke states that it
supports EEI's request for waiver and, to that end, Duke proposes to
exclude WEQ 001-1.6(g)(4), WEQ-002-4.5.2, and WEQ-002-4.3.10.5 from the
incorporation of the NAESB OASIS Business Practices and OASIS S&C
Protocol into its OATT. The
[[Page 15376]]
Commission recently accepted Duke's filing as it related to other
compliance obligations, but deferred action on the request for waiver
of the NAESB business practice standards.
III. Commission Determination
11. The Commission grants in part, and denies in part, the
requested waiver. EEI and Duke request waiver of three NAESB business
practice standards: WEQ-001-1.6(g)(4) of the OASIS Business Practices,
version 1.4; and, WEQ-002-4.5.2 and WEQ-002.4.3.10.5 of the OASIS S&C
Protocol, version 1.4. The Commission grants waiver of the posting
requirements of WEQ-002-4.5.2, version 1.4, to the extent they extend
beyond the requirements of Part 358 of the Commission's regulations, as
amended by Order No. 717. The Commission denies as unnecessary the
request for waiver of WEQ-001-1.6(g)(4) and WEQ-002.4.3.10.5, version
1.4.
12. As noted by EEI, certain of the posting requirements of WEQ-
002-4.5.2 are no longer consistent with the posting requirements of
part 358 of the Commission's regulations, as amended by Order No. 717.
For example, WEQ-002-4.5.2 requires transmission providers to post
information regarding emergencies that result in a deviation from the
Standards of Conduct, referring to corresponding requirements in the
Commission's regulations adopted in Order No. 2004. In Order No. 717,
the Commission eliminated the requirement to post information regarding
emergency deviations, revising its regulations accordingly.\9\ The
version of WEQ-002-4.5.2 currently incorporated into Part 38 of the
Commission's regulations therefore does not reflect changes adopted in
Part 358 of the Commission's regulations. To conform the requirements
incorporated into Part 38 with the requirements of Part 358, the
Commission grants waiver for all electric transmission providers of
those requirements of section 38.2(b)(2) of the Commission's
regulations relating to the posting of information under WEQ-002-4.5.2,
version 1.4, that extend beyond the posting requirements of Part 358 of
the Commission's regulations, as amended by Order No. 717.\10\
---------------------------------------------------------------------------
\9\ See 18 CFR 358.7(h) (as revised by Order No. 717 at P 214).
\10\ The Commission's determination here is consistent with its
proposal in the Notice of Proposed Rulemaking addressing recent
revisions to the NAESB business practice standards to not require
public utilities to comply with the requirements of WEQ-001-13.1.2,
version 1.5, that are inconsistent with Order No. 717. See Standards
for Business Practices and Communications Protocols for Public
Utilities, FERC Stats. & Regs. ] 32,640, at P 16 (2009).
---------------------------------------------------------------------------
13. EEI and Duke also seek waiver of versions 1.4 of WEQ-001-
1.6(g)(4) and WEQ-002.4.3.10.5. As noted above, the Commission has not
incorporated WEQ-001-1.6 into Part 38 of its regulations and,
therefore, there is no conflict in the Commission's regulations with
respect to that posting requirement.\11\ With regard to WEQ-002-
4.3.10.5, although that standard has been incorporated into the
Commission's regulations,\12\ it merely establishes the template to be
used when posting information under WEQ-001-1.6(g)(4). That template
can continue to be used by transmission providers wishing to make such
postings, even if not otherwise required under the Commission's
regulations. Waiver of WEQ-001-1.6(g)(4) and WEQ-002.4.3.10.5 is
unnecessary and, accordingly, the Commission denies the requests for
waiver of those business practice standards.
---------------------------------------------------------------------------
\11\ See 18 CFR 38.2(b)(1). As noted above, the Commission
declined to incorporate into its regulations the requirements of
WEQ-001-1.6, version 1.4, because those requirements merely
duplicate language already set forth in the Commission's
regulations.
\12\ See 18 CFR 38.2(b)(2).
---------------------------------------------------------------------------
14. Consistent with the Commission's determination on the requests
for waiver, the Commission directs Duke to submit within 30 days a
further compliance filing in Docket No. OA08-50-002 to eliminate from
its OATT language stating that waiver of the requirements of WEQ-001-
1.6(g)(4) and WEQ-002-4.3.10.5 has been requested.
The Commission orders:
(A) The Commission hereby waives for all electric transmission
providers those requirements of 18 CFR 38.2(b)(2) relating to the
posting of information under WEQ-002-4.5.2, version 1.4, that extend
beyond the posting requirements of Part 358 of the Commission's
regulations, as amended by Order No. 717.
(B) The Commission directs Duke to submit within 30 days a further
compliance filing in Docket No. OA08-50-002 to eliminate from its OATT
language stating that a waiver of the requirements of WEQ-001-1.6(g)(4)
and WEQ-002-4.3.10.5 has been requested.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-7577 Filed 4-3-09; 8:45 am]
BILLING CODE 6717-01-P