Western Electric Coordinating Council Qualified Transfer Path Unscheduled Flow Relief Regional Reliability Standard, 16691-16696 [2011-7040]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
Docket No. RM09–19–000; Order No. 746]
Western Electric Coordinating Council
Qualified Transfer Path Unscheduled
Flow Relief Regional Reliability
Standard
Federal Energy Regulatory
Commission, Energy.
ACTION: Final rule.
AGENCY:
Under section 215 of the
Federal Power Act, the Commission
approves regional Reliability Standard
of the Western Electricity Coordinating
Council (WECC) IRO–006–WECC–1
(Qualified Transfer Path Unscheduled
Flow Relief) and six associated new
definitions submitted to the
Commission for approval by the North
American Electric Reliability
Corporation. This Reliability Standard is
intended to mitigate transmission
overloads due to unscheduled flow on
a transfer path designated by WECC as
being qualified for unscheduled flow
mitigation.
SUMMARY:
Effective Date: This rule will
become effective May 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Terence Burke (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–6498.
Danny Johnson (Technical Information),
Office of Electric Reliability, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–8892.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff,
Chairman; Marc Spitzer, Philip D.
Moeller, John R. Norris, and Cheryl A.
LaFleur.
DATES:
Final Rule
1. Under section 215 of the Federal
Power Act (FPA),1 the Commission
approves regional Reliability Standard
of the Western Electricity Coordinating
Council (WECC) IRO–006–WECC–1
(Qualified Transfer Path Unscheduled
Flow Relief) and six associated new
definitions submitted to the
Commission for approval by the North
American Electric Reliability
Corporation (NERC), the Electric
Reliability Organization (ERO) certified
by the Commission. The approved
[FR Doc. 2011–6117 Filed 3–24–11; 8:45 am]
1 16
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Reliability Standard is intended to
mitigate transmission overloads due to
unscheduled flow on Qualified Transfer
Paths.2
accepted an erratum to that Reliability
Standard that corrected the reference in
Requirement R1.2 to the Unscheduled
Flow Mitigation Plan (Mitigation Plan).5
I. Background
B. WECC Delegation Agreement and
WECC Regional Reliability Standard
IRO–STD–006–0
5. On April 19, 2007, the Commission
approved delegation agreements
between NERC and each of the eight
Regional Entities, including WECC.6 In
that approval, the Commission accepted
WECC as a Regional Entity organized on
an Interconnection-wide basis and
accepted WECC’s Standards
Development Manual, which sets forth
the process for development of WECC’s
Reliability Standards.7
6. On June 8, 2007, the Commission
approved eight WECC regional
Reliability Standards that apply in the
Western Interconnection, including
IRO–STD–006–0.8 The regional
Reliability Standard applies to
transmission operators, load-serving
entities and balancing authorities within
the Western Interconnection. It
addresses the mitigation of transmission
overloads due to unscheduled line flow
on specified paths. Specifically,
Requirement R1 of IRO–STD–006–0
states that:
A. NERC Reliability Standard IRO–006
2. On March 16, 2007, the
Commission issued Order No. 693
approving 83 Reliability Standards
proposed by NERC, including
Interconnection Reliability Operations
and Coordination (IRO) Reliability
Standard IRO–006–3, titled ‘‘Reliability
Coordination—Transmission Loading
Relief.’’ 3 In addition, under section
215(d)(5) of the FPA, the Commission
directed the ERO to develop
modifications to IRO–006–3 and other
approved Reliability Standards to
address specific issues identified by the
Commission.
3. NERC Reliability Standard IRO–
006–3 establishes a Transmission
Loading Relief (TLR) process for use in
the Eastern Interconnection to alleviate
loadings on the system by curtailing or
changing transactions based on their
priorities and according to different
levels of TLR procedures. Requirement
R2.2 provides that ‘‘the equivalent
Interconnection-wide transmission
loading relief procedure for use in the
Western Interconnection is the WECC
Unscheduled Flow Mitigation Plan.’’
This document provides detailed
instructions for addressing unscheduled
flows, i.e., parallel path flows, based on
the topography and configuration of the
Bulk-Power System in the Western
Interconnection. The Unscheduled Flow
Mitigation Plan identifies nine ‘‘steps’’ to
address unscheduled flows. In the first
three steps, the Mitigation Plan relies on
phase angle regulators, series capacitors,
and back-to-back DC lines to mitigate
contingencies without curtailing
transactions. Steps four through nine
involve curtailment of transactions.
4. On March 19, 2009, the
Commission approved IRO–006–4,
which modified the prior version of the
Reliability Standard and addressed the
Commission’s directives from Order No.
693.4 The Commission subsequently
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2 The
term ‘‘Qualified Transfer Path’’ is defined as
‘‘[a] transfer path designated by the WECC
Operating Committee as being qualified for WECC
unscheduled flow mitigation.’’ When the Standard
becomes effective, this definition will be added to
the NERC Glossary of Terms Used in Reliability
Standards.
3 Mandatory Reliability Standards for the BulkPower System, Order No. 693, FERC Stats. & Regs.
¶ 31,242, order on reh’g, Order No. 693–A, 120
FERC ¶ 61,053 (2007).
4 Modification of Interchange and Transmission
Loading Relief Reliability Standards; and Electric
Reliability Organization Interpretation of Specific
Requirements of Four Reliability Standards, Order
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WECC’s Unscheduled Flow Mitigation
Plan (Plan) * * * specifies that members
shall comply with requests from (Qualified)
Transfer Path Operators to take actions that
will reduce unscheduled flow on the
Qualified Path in accordance with the table
entitled ‘‘WECC Unscheduled Flow
Procedure Summary of Curtailment Actions,’’
which is located in Attachment 1 of the
Plan.9
The regional Reliability Standard then
provides excerpts from the plan that
describe actions entities must take to
address unscheduled flow.
7. The June 8, 2007 Order directed
WECC to develop certain modifications
to the eight WECC Reliability Standards
to address issues identified by the
Commission. With respect to IRO–STD–
006–0, the Commission directed WECC
No. 713–A, 126 FERC ¶ 61,252 (2009), reh’g denied,
Order No. 713–B, 130 FERC ¶ 61,032 (2010).
5 North American Electric Reliability Corp.,
Docket No. RD09–9–000 (Dec. 10, 2009)
(unpublished letter order). Note that Reliability
Standard IRO–006–4.1, Requirement R1.2 refers to
the ‘‘WECC Unscheduled Flow Reduction
Procedure,’’ which is Attachment 1 to the Mitigation
Plan, the term we use herein.
6 See North American Electric Reliability Corp.,
119 FERC ¶ 61,060, order on reh’g, 120 FERC
¶ 61,260 (2007).
7 Id. P 469–470.
8 North American Electric Reliability Corp., 119
FERC ¶ 61,260 (2007) (June 8, 2007 Order).
9 Regional Reliability Standard IRO–STD–006–0,
available at https://www.wecc.biz/Standards/
Approved%20Standards/IRO–STD–006–0.pdf.
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to clarify the term ‘‘receiver’’ used in the
Reliability Standard. The Commission
also directed WECC to address concerns
raised by a commenter regarding
WECC’s inclusion of load-serving
entities, which may be unable to meet
the Reliability Standard’s requirements,
in the applicability section of the
Reliability Standard.10 The Commission
directed WECC to remove a Sanctions
Table that is inconsistent with the NERC
Sanctions Guidelines. The Commission
also directed WECC to address NERC’s
concerns regarding formatting, use of
standard terms, and the need for greater
specificity in the actions that a
responsible entity must take.
C. Proposed Regional Reliability
Standard
8. In a June 17, 2009 filing (NERC
Petition), NERC requested Commission
approval of proposed regional
Reliability Standard IRO–006–WECC–1,
which was developed in response to the
Commission’s directives in the June 8,
2007 Order, to replace the currently
effective regional Standard. NERC stated
that the purpose of IRO–006–WECC–1 is
to mitigate transmission overloads due
to unscheduled flow on Qualified
Transfer Paths. Under the Reliability
Standard, reliability coordinators are
responsible for initiating schedule
curtailments, and balancing authorities
are responsible for implementing the
curtailments. Specifically, proposed
regional Reliability Standard IRO–006–
WECC–1 contains the following two
Requirements:
R.1. Upon receiving a request of Step 4 or
greater (see Attachment 1–IRO–006–WECC–
1) from the Transmission Operator of a
Qualified Transfer Path, the Reliability
Coordinator shall approve (actively or
passively) or deny that request within five
minutes.
R.2. The Balancing Authorities shall
approve curtailment requests to the
schedules as submitted, implement
alternative actions, or a combination there of
that collectively meets the Relief
Requirement.
An attachment to IRO–006–WECC–1
summarizes the nine steps and related
actions to address unscheduled flows.
D. Notice of Proposed Rulemaking
9. On October 29, 2010, the
Commission issued its Notice of
Proposed Rulemaking proposing to
approve the regional IRO Reliability
Standard IRO–006–WECC–1.11 In
10 June 8, 2007 Order, 119 FERC ¶ 61,260 at
P 70–71.
11 Western Electric Coordinating Council
Qualified Transfer Path Unscheduled Flow Relief
Regional Reliability Standard, Notice of Proposed
Rulemaking, 75 FR 66702 (Oct. 29, 2010), FERC
Stats & Regs. ¶ 32,663 (2010) (NOPR).
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addition, the Commission raised
concerns with respect to: (1) How
entities will know whether to follow the
national or regional Standard in a given
situation; (2) WECC’s and NERC’s
reliance on TOP–007–WECC–1 to
ensure that entities manage power flows
using steps one through three of the
Mitigation Plan prior to requesting
curtailments; (3) how the webSAS 12
tool will work with respect to the
national and regional Standard; and (4)
the potential reliability impact of
reliability coordinators’ inability to
request curtailments.
10. In response to the NOPR,
comments were filed by NERC, WECC,
and Nevada Power Company and Sierra
Pacific Power Company, both d/b/a NV
Energy (NV Energy). In the discussion
below, we address these comments.
II. Discussion
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A. Approval of IRO–006–WECC–1
11. In the NOPR, the Commission
proposed to approve regional Reliability
Standard IRO–006–WECC–1 stating that
it adequately addresses a number of the
directives identified in the June 8, 2007
Order and represents an improvement to
the current Standard. As stated in the
NOPR, the Standard addresses our
concern regarding the use of the term
‘‘receiver’’ by removing the term, thus
removing potential confusion arising
from the use of the undefined term. The
Reliability Standard also provides
additional clarity by removing loadserving entities from its applicability
section since load-serving entities may
not be able to meet the Standard’s
requirements regarding curtailment
procedures. Further, the Standard
includes reliability coordinators as an
applicable entity and addresses their
role in curtailment procedures. The
Standard goes beyond the
corresponding NERC Reliability
Standard by requiring a reliability
coordinator to approve or deny a
transmission operator’s curtailment
request within five minutes. Finally, the
WECC Reliability Standard addresses
formatting concerns, conformance with
NERC’s Violation Severity Level and
Violation Risk Factor matrix, and the
elimination of a WECC sanction table.
NERC, WECC, and NV Energy all
support approval. Accordingly the
Commission adopts the NOPR proposal
12 The webSAS (Security Analysis System) is a
proprietary internet based application that is used
by WECC to analyze, initiate, communicate, and
provide compliance reports for implementation of
the Unscheduled Flow Reduction Procedure. It is
available by subscription through the vendor to
provide notification of Unscheduled Flow Events,
calculate and display required relief, and provide
a rapid method of transaction curtailments.
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and approves regional Reliability
Standard IRO–006–WECC–1 as just,
reasonable, not unduly discriminatory
or preferential, and in the public
interest.
12. We raised in the NOPR several
concerns regarding how the regional
Reliability Standard would work in
practice to ensure Reliable Operation in
the Western Interconnect. As a result of
the comments submitted, our concerns
have been adequately addressed, and we
do not direct any modifications to the
regional Reliability Standard.
B. Issues Raised in NOPR
1. Consistency Between NERC and
WECC
13. Requirement R1.2 in NERC
Reliability Standard IRO–006–4 refers to
the WECC Unscheduled Flow Reduction
Procedure with regard to transmission
loading relief in the Western
Interconnection. In the NOPR, the
Commission requested comment on the
interaction between the differing
requirements contained in the regional
versus the national Reliability
Standards, on which of the two
Standards’ requirements take
precedence, and on how NERC intends
to ensure compliance and consistent
enforcement with regard to the
Standards.
Comments
14. WECC and NV Energy comment
that the Standards differ in their
applicability. They state that NERC’s
IRO–006–4 addresses the obligations of
the reliability coordinator and the
balancing authority if an
Interconnection-wide procedure is
selected for the mitigation of overloads
on transmission facilities. According to
WECC and NV Energy, Regional
Reliability Standard IRO–006–WECC–1
sets out reliability obligations for the
reliability coordinator and balancing
authority regarding transmission
loading relief on the narrow subset of
Western Interconnect transmission
facilities designated as Qualified
Transfer Paths. The two commenters
assert there is no conflict between the
NERC Reliability Standard and the
regional Standard, as they work
together.
15. NERC states that it recognized
some potential for confusion in this
matter and will soon file for approval a
proposed Reliability Standard IRO–006–
5 13 that, among other things, eliminates
13 Subsequent to filing its comments in this
Docket, NERC filed its Petition for Approval of
Proposed New Interconnection Reliability
Operations and Coordination Reliability Standards,
Glossary Term and Implementation Plan on January
13, 2011 in Docket No. RD11–2–000.
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16693
reference to the WECC Unscheduled
Flow Reduction Procedure as a
procedure that may be selected by the
reliability coordinator to achieve
loading relief and, instead, mentions the
procedure as an example for which
coordination must occur.
Commission Determination
16. The Commission finds that
NERC’s plan to eliminate the
opportunity for confusion with respect
to this Reliability Standard adequately
addresses the concerns raised in the
NOPR.
2. TOP–007–WECC–1 and the
Mitigation Plan
17. In the June 8, 2007 Order, the
Commission determined that the
regional Reliability Standard IRO–STD–
006–0 is superior to the NERC Standard
based in part on the specified precurtailment steps one through three of
the Mitigation Plan.14 As stated above,
the Mitigation Plan is no longer
referenced in IRO–006–WECC–1. The
NERC Petition stated that proposed
WECC regional Reliability Standard
TOP–007–WECC–1, would work in
conjunction with IRO–006–WECC–1 to
ensure that pre-curtailment steps one
through three of the Mitigation Plan are
performed.15 In the NOPR, the
Commission requested comment as to
whether WECC’s reliance on proposed
regional Standard TOP–007–WECC–1 or
currently effective Reliability Standard
TOP–STD–007–0 (whichever is in
effect) is an adequate replacement for
the currently required pre-curtailment
actions set forth in steps one through
three of the Mitigation Plan.
Comments
18. Each of the commenters note that
Reliability Standard IRO–006–WECC–1
and the proposed regional Standard
TOP–007–WECC–1 were intended to
meet the performance objective of
enhanced reliability but not to prescribe
a specific method for achieving that
objective. WECC and NV Energy assert
that the pre-curtailment steps were not
mandatory, but, as before, they remain
tools available to transmission operators
for the mitigation of transmission
facility overloading. WECC states that
reliability would suffer if transmission
operators were limited in their action by
a mandatory adherence to the Mitigation
Plan.
14 June
18, 2007 Order, 119 FERC ¶ 61,260 at P
69.
15 NERC’s petition for approval of regional
Reliability Standard TOP–007–WECC–1 is currently
pending before the Commission in Docket No.
RM09–14–000.
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Commission Determination
Commission Determination
Comments
19. The Commission acknowledges
the comments offered and is satisfied
that IRO–006–WECC–1 does not present
a reduction in reliability. The
Commission also highlights the
comment made by WECC that the
Standard is applicable to reliability
coordinators and balancing authorities,
not to transmission operators. Under the
Standard, the reliability coordinator
must approve or deny the
implementation of a step four or higher
action, and the balancing authority must
grant relief so the transmission operator
does not violate a system operating limit
(SOL) or an interconnection reliability
operating limit (IROL) operating limit.
But transmission operator’s obligations
remain unchanged by IRO–006–WECC–
1. They continue to be required to take
immediate steps to relieve an SOL or
IROL operating limit violation.
22. The Commission is satisfied with
the commenters’ explanation of the
operation of webSAS, as well as its
proposed use within the mitigation
process set out in Reliability Standard
IRO–006–WECC–1.
27. WECC asserts that regional
Reliability Standard IRO–006–4 does
not mandate following the Mitigation
Plan but only suggests that the
Mitigation Plan is a procedure available
to a reliability coordinator. Therefore,
incorporating the WECC rules and
procedures into the Mitigation Plan
would not eliminate the need for an
enforceable regional Reliability
Standard. WECC also comments that the
differing purposes of the Mitigation
Plan, IRO–006–WECC–1, and TOP–007–
WECC–1 would thwart efforts to
combine them. NERC notes that it has
already undertaken eliminating the
regional differences from the continentwide standard in its proposed IRO–006–
5.
3. Operation of webSAS
20. According to the NERC Petition,
the webSAS tool calculates curtailment
and, unless the reliability coordinator
actively denies the request, approves the
curtailment within five minutes. The
Commission requested in the NOPR
additional information regarding how
the webSAS program works in relation
to WECC’s proposed IRO–006–WECC–1
as well as the currently effective IRO–
006–4, and whether conflicts could arise
between the webSAS programming and
the Mitigation Plan.
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Comments
21. NV Energy and WECC comments
describe of the webSAS program,
explaining that it utilizes impedance
modeling of the transmission network in
the Western Interconnection and is able
to determine transmission distribution
factors that correspond to discrete
transactions. It is configured to
prescribe curtailments in accordance
with the curtailment table in the WECC
Unscheduled Flow Reduction
Procedure, and is only one of the
methods a balancing authority might
use in devising curtailments. WECC
notes that webSAS merely suggests
strategies; the responsible balancing
authority must implement those
strategies. WECC further comments that
WebSAS operates similarly whether
utilized under the regional or the
national Reliability Standard.
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4. Reliability Coordinators’ Role in
Curtailment
23. In the NOPR the Commission
stated that, because reliability
coordinators are the only entities with
the wide-area view, the Commission
believes it is appropriate that they, as
the entities with the highest level of
authority to ensure reliability, have the
ability to initiate relief procedures.16 In
the NOPR, the Commission requested
comment regarding its concerns that the
proposed regional Reliability Standard
does not mention the reliability
coordinators’ ability to request
curtailments, and that automatic
approval of curtailments may occur
through the webSAS tool without
reliability coordinator review.
Commission Determination
28. The clarification provided by
WECC adequately addresses the
Commission’s concerns. Accordingly,
the Commission finds that IRO–006–
WECC–1 represents an improvement to
reliability.
Comments
III. Information Collection Statement
24. WECC and NV Energy comment
that the reliability coordinator always
has the ability to issue directives or take
other actions to ensure Reliable
Operations under the authority granted
in Reliability Standard IRO–001–1.1.
NV Energy states that the automatic
approval of requested curtailments after
five minutes is an appropriate balance
between allowing for the reliability
coordinators’ participation and
adequately ensuring that transmission
loading relief is obtained for the next
hour.
29. The following collections of
information contained in this Reliability
Standard have been submitted to the
Office of Management and Budget
(OMB) for review under section 3507(d)
of the Paperwork Reduction Act of
1955.17 OMB’s regulations require OMB
to approve certain information
collection requirements imposed by
agency rule.18
30. The Commission solicited
comments on the burden to implement
IRO–006–WECC–1 which, rather than
creating entirely new requirements,
instead modifies the existing regional
Reliability Standard governing qualified
transfer path unscheduled flow relief
and thus imposes a minimal additional
burden on the affected entities. The
Commission received no comments as
to the issue of reporting burden
estimates. The Commission has not
directed any modifications to the
Requirements of the Reliability
Standard being approved. Thus this
Final Ruled does not materially or
adversely affect the burden estimates
provided in the NOPR.
31. Burden Estimate: The burden for
the requirements in this final rule
follow:
Commission Determination
25. The Commission agrees with the
commenters that NERC Reliability
Standard IRO–001–1.1 provides the
reliability coordinator authority to take
actions to ensure Reliable Operations,
and no further clarification is required.
5. Alternative Revisions
26. Because of the concerns expressed
in the NOPR, the Commission
questioned whether it might be more
efficient and appropriate if all the
WECC rules and procedures with
respect to unscheduled flow mitigation
were incorporated in a single document.
17 44
16 NOPR,
PO 00000
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Frm 00012
Fmt 4700
Sfmt 4700
18 5
U.S.C. 3507(d).
CFR 1320.11.
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Number of
respondents
Data collection FERC–725E
Number of
responses
Hours per
response
Total annual
hours
36
1
1
36
36
1
1
36
Total ...................................................................................................
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35 Balancing Authorities and 1 Reliability Coordinator—Reporting Requirement .............................................................................................................
35 Balancing Authorities and 1 Reliability Coordinator—Recordkeeping Requirement .....................................................................................................
........................
........................
........................
72
Total Annual hours for Collection: 36
reporting +36 recordkeeping = 72 hours.
Reporting = 36 hours @ $120/hour =
$4320.
Recordkeeping = 36 hours @ $40/hour
= $1440.
Total Costs = Reporting ($4320) +
Recordkeeping ($1440) = $5760.
Title: FERC 725E, Mandatory
Reliability Standards for the Western
Electric Coordinating Council.
Action: Proposed collection of
information.
OMB Control No: 1902–0246.
Respondents: Balancing Authorities
and Reliability Coordinator in the
Western Electricity Coordinating
Council.
Frequency of Responses: On
Occasion.
Necessity of the Information: This
Final Rule would approve a revised
Reliability Standard modifying the
existing requirement for entities to
respond to requests for curtailment. The
proposed Reliability Standard requires
entities to maintain documentation
evidencing their response to such
requests.
Internal review: The Commission has
reviewed the requirements pertaining to
proposed regional Reliability Standard
IRO–006–WECC–1 and believes it to be
just, reasonable, not unduly
discriminatory or preferential, and in
the public interest. These requirements
conform to the Commission’s plan for
efficient information collection,
communication and management within
the energy industry. The Commission
has assured itself, by means of internal
review, that there is specific, objective
support for the burden estimates
associated with the information
requirements.
32. Interested persons may obtain
information on the reporting
requirements by contacting: Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426
[Attention: Ellen Brown, Office of the
Executive Director, Phone: (202) 502–
8663, fax: (202) 273–0873, e-mail:
DataClearance@ferc.gov]. Comments on
the requirements of this Final Rule may
also be sent to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, Washington,
VerDate Mar<15>2010
14:52 Mar 24, 2011
Jkt 223001
DC 20503 [Attention: Desk Officer for
the Federal Energy Regulatory
Commission]. For security reasons,
comments should be sent by e-mail to
OMB at: oira submission@omb.eop.gov.
Please reference OMB Control Number
1902–0246 and the docket number of
this final rulemaking in your
submission.
IV. Environmental Analysis
33. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.19 The action taken in the
Final Rule fall within the categorical
exclusion in the Commission’s
regulations for rules that are clarifying,
corrective or procedural, for information
gathering, analysis, and
dissemination.20 Accordingly, neither
an environmental impact statement nor
an environmental assessment is
required.
V. Regulatory Flexibility Act
34. The Regulatory Flexibility Act of
1980 (RFA) 21 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. The RFA mandates
consideration of regulatory alternatives
that accomplish the stated objectives of
a proposed rule and that minimize any
significant economic impact on a
substantial number of small entities.
The Small Business Administration’s
(SBA) Office of Size Standards develops
the numerical definition of a small
business.22 The SBA has established a
size standard for electric utilities,
stating that a firm is small if, including
its affiliates, it is primarily engaged in
the transmission, generation and/or
distribution of electric energy for sale
and its total electric output for the
19 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.,
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
20 18 CFR 380.4(a)(5).
21 5 U.S.C. 601–612.
22 13 CFR 121.101.
PO 00000
Frm 00013
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preceding twelve months did not exceed
four million megawatt hours.23
35. Most of the entities (i.e., reliability
coordinators and balancing authorities)
to which the requirements of this Rule
would apply do not fall within the
definition of small entities. The
Commission estimates that only 2–4 of
the 35 balancing authorities are small
and that the economic impact on each
of these is $160 per year. The
Commission does not consider this to be
a significant economic impact. Based on
the foregoing, the Commission certifies
that this Rule will not have a significant
impact on a substantial number of small
entities. Accordingly, no regulatory
flexibility analysis is required.
VI. Document Availability
36. 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. Eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
37. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
38. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at (202) 502–6652 (toll
free at 1–866–208–3676) or e-mail at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
39. These regulations are effective
May 24, 2011. The Commission notes
23 13
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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Rules and Regulations
that although the determinations made
in this Final Rule are effective May 24,
2011, regional Reliability Standard IRO–
006–WECC–1 approved in this Final
Rule will not become effective until the
first day of the first quarter after
applicable regulatory approval. The
Commission has determined, with the
concurrence of the Administrator of the
Office of Information and Regulatory
Affairs of OMB, that this rule is not a
‘‘major rule’’ as defined in section 351 of
the Small Business Regulatory
Enforcement Fairness Act of 1996.
EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVAPCD) portion of the California
State Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on November 5, 2010 and
concern oxides of nitrogen (NOX),
carbon monoxide (CO), oxides of sulfur
(SO2) and particulate matter emissions
from boilers, steam generators and
process heaters greater than 5.0 MMbtu/
hour. We are approving a local rule that
regulates these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Effective Date: This rule is
effective on April 25, 2011.
By the Commission.
AGENCY:
EPA has established docket
number EPA–R09–OAR–2010–0794 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
´
Idalia Perez, EPA Region IX, (415) 972–
3284, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0794; FRL–9279–2]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–7040 Filed 3–24–11; 8:45 am]
BILLING CODE 6717–01–P
ADDRESSES:
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On November 5, 2010 (75 FR 68294),
EPA proposed to approve the following
rule into the California SIP.
Local agency
Rule No.
Rule title
Adopted
Submitted
SJVUAPCD .................................
4320
Advance Emission Reduction Options for Boilers, Steam Generators and Process Heaters greater than 5.0 MMbtu/hr.
10/16/08
03/17/09
erowe on DSK5CLS3C1PROD with RULES
We proposed to approve this rule
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received comments from
Paul Cort, Earthjustice; letter dated
December 6, 2010 and received
December 6, 2010. The comments and
our responses are summarized below.
Comment #1: Earthjustice supported
EPA’s proposed approval of Rule 4320
and EPA’s assertion that the fee
provisions in the rule fail to comply
with EPA policy on economic incentive
programs.
Response #1: No response needed.
Comment #2: Earthjustice asked EPA
to clarify that no emission reduction
credit is appropriate for Rule 4320 until
SJVAPCD submits additional
documentation, subject to public review
VerDate Mar<15>2010
14:52 Mar 24, 2011
Jkt 223001
and comment, including documentation
demonstrating permanent, enforceable,
surplus and quantifiable CO and NOX
reductions associated with fees paid in
lieu of direct control of these and
documentation demonstrating the PM
reductions associated with SO2 controls.
Response #2: The discussion of SIP
credits in our TSD and proposal was
included for information only and does
not affect our action on Rule 4320. Our
proposed approval of Rule 4320 relied
largely on a finding that the rule
improved the SIP, and not on if or how
many emission reductions the rule
provides. Comments on whether
SJVAPCD ensures adequate emission
reductions are more appropriate to
action on plans. When EPA approves a
plan, we are effectively approving the
emission reduction assumptions for
specific rules that it is based on.
Proposed rulemaking on a plan is
subject to notice and comment and
would be the appropriate forum to raise
issues on whether reductions from
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
specific rules should be credited to the
SIP.
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rule complies with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving this rule
into the California SIP.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
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Agencies
[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Rules and Regulations]
[Pages 16691-16696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7040]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
Docket No. RM09-19-000; Order No. 746]
Western Electric Coordinating Council Qualified Transfer Path
Unscheduled Flow Relief Regional Reliability Standard
AGENCY: Federal Energy Regulatory Commission, Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under section 215 of the Federal Power Act, the Commission
approves regional Reliability Standard of the Western Electricity
Coordinating Council (WECC) IRO-006-WECC-1 (Qualified Transfer Path
Unscheduled Flow Relief) and six associated new definitions submitted
to the Commission for approval by the North American Electric
Reliability Corporation. This Reliability Standard is intended to
mitigate transmission overloads due to unscheduled flow on a transfer
path designated by WECC as being qualified for unscheduled flow
mitigation.
DATES: Effective Date: This rule will become effective May 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Terence Burke (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-6498.
Danny Johnson (Technical Information), Office of Electric Reliability,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8892.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, Philip
D. Moeller, John R. Norris, and Cheryl A. LaFleur.
Final Rule
1. Under section 215 of the Federal Power Act (FPA),\1\ the
Commission approves regional Reliability Standard of the Western
Electricity Coordinating Council (WECC) IRO-006-WECC-1 (Qualified
Transfer Path Unscheduled Flow Relief) and six associated new
definitions submitted to the Commission for approval by the North
American Electric Reliability Corporation (NERC), the Electric
Reliability Organization (ERO) certified by the Commission. The
approved
[[Page 16692]]
Reliability Standard is intended to mitigate transmission overloads due
to unscheduled flow on Qualified Transfer Paths.\2\
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o.
\2\ The term ``Qualified Transfer Path'' is defined as ``[a]
transfer path designated by the WECC Operating Committee as being
qualified for WECC unscheduled flow mitigation.'' When the Standard
becomes effective, this definition will be added to the NERC
Glossary of Terms Used in Reliability Standards.
---------------------------------------------------------------------------
I. Background
A. NERC Reliability Standard IRO-006
2. On March 16, 2007, the Commission issued Order No. 693 approving
83 Reliability Standards proposed by NERC, including Interconnection
Reliability Operations and Coordination (IRO) Reliability Standard IRO-
006-3, titled ``Reliability Coordination--Transmission Loading
Relief.'' \3\ In addition, under section 215(d)(5) of the FPA, the
Commission directed the ERO to develop modifications to IRO-006-3 and
other approved Reliability Standards to address specific issues
identified by the Commission.
---------------------------------------------------------------------------
\3\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, FERC Stats. & Regs. ] 31,242, order on reh'g, Order
No. 693-A, 120 FERC ] 61,053 (2007).
---------------------------------------------------------------------------
3. NERC Reliability Standard IRO-006-3 establishes a Transmission
Loading Relief (TLR) process for use in the Eastern Interconnection to
alleviate loadings on the system by curtailing or changing transactions
based on their priorities and according to different levels of TLR
procedures. Requirement R2.2 provides that ``the equivalent
Interconnection-wide transmission loading relief procedure for use in
the Western Interconnection is the WECC Unscheduled Flow Mitigation
Plan.'' This document provides detailed instructions for addressing
unscheduled flows, i.e., parallel path flows, based on the topography
and configuration of the Bulk-Power System in the Western
Interconnection. The Unscheduled Flow Mitigation Plan identifies nine
``steps'' to address unscheduled flows. In the first three steps, the
Mitigation Plan relies on phase angle regulators, series capacitors,
and back-to-back DC lines to mitigate contingencies without curtailing
transactions. Steps four through nine involve curtailment of
transactions.
4. On March 19, 2009, the Commission approved IRO-006-4, which
modified the prior version of the Reliability Standard and addressed
the Commission's directives from Order No. 693.\4\ The Commission
subsequently accepted an erratum to that Reliability Standard that
corrected the reference in Requirement R1.2 to the Unscheduled Flow
Mitigation Plan (Mitigation Plan).\5\
---------------------------------------------------------------------------
\4\ Modification of Interchange and Transmission Loading Relief
Reliability Standards; and Electric Reliability Organization
Interpretation of Specific Requirements of Four Reliability
Standards, Order No. 713-A, 126 FERC ] 61,252 (2009), reh'g denied,
Order No. 713-B, 130 FERC ] 61,032 (2010).
\5\ North American Electric Reliability Corp., Docket No. RD09-
9-000 (Dec. 10, 2009) (unpublished letter order). Note that
Reliability Standard IRO-006-4.1, Requirement R1.2 refers to the
``WECC Unscheduled Flow Reduction Procedure,'' which is Attachment 1
to the Mitigation Plan, the term we use herein.
---------------------------------------------------------------------------
B. WECC Delegation Agreement and WECC Regional Reliability Standard
IRO-STD-006-0
5. On April 19, 2007, the Commission approved delegation agreements
between NERC and each of the eight Regional Entities, including
WECC.\6\ In that approval, the Commission accepted WECC as a Regional
Entity organized on an Interconnection-wide basis and accepted WECC's
Standards Development Manual, which sets forth the process for
development of WECC's Reliability Standards.\7\
---------------------------------------------------------------------------
\6\ See North American Electric Reliability Corp., 119 FERC ]
61,060, order on reh'g, 120 FERC ] 61,260 (2007).
\7\ Id. P 469-470.
---------------------------------------------------------------------------
6. On June 8, 2007, the Commission approved eight WECC regional
Reliability Standards that apply in the Western Interconnection,
including IRO-STD-006-0.\8\ The regional Reliability Standard applies
to transmission operators, load-serving entities and balancing
authorities within the Western Interconnection. It addresses the
mitigation of transmission overloads due to unscheduled line flow on
specified paths. Specifically, Requirement R1 of IRO-STD-006-0 states
that:
---------------------------------------------------------------------------
\8\ North American Electric Reliability Corp., 119 FERC ] 61,260
(2007) (June 8, 2007 Order).
WECC's Unscheduled Flow Mitigation Plan (Plan) * * * specifies
that members shall comply with requests from (Qualified) Transfer
Path Operators to take actions that will reduce unscheduled flow on
the Qualified Path in accordance with the table entitled ``WECC
Unscheduled Flow Procedure Summary of Curtailment Actions,'' which
is located in Attachment 1 of the Plan.\9\
---------------------------------------------------------------------------
\9\ Regional Reliability Standard IRO-STD-006-0, available at
https://www.wecc.biz/Standards/Approved%20Standards/IRO-STD-006-0.pdf.
The regional Reliability Standard then provides excerpts from the plan
that describe actions entities must take to address unscheduled flow.
7. The June 8, 2007 Order directed WECC to develop certain
modifications to the eight WECC Reliability Standards to address issues
identified by the Commission. With respect to IRO-STD-006-0, the
Commission directed WECC to clarify the term ``receiver'' used in the
Reliability Standard. The Commission also directed WECC to address
concerns raised by a commenter regarding WECC's inclusion of load-
serving entities, which may be unable to meet the Reliability
Standard's requirements, in the applicability section of the
Reliability Standard.\10\ The Commission directed WECC to remove a
Sanctions Table that is inconsistent with the NERC Sanctions
Guidelines. The Commission also directed WECC to address NERC's
concerns regarding formatting, use of standard terms, and the need for
greater specificity in the actions that a responsible entity must take.
---------------------------------------------------------------------------
\10\ June 8, 2007 Order, 119 FERC ] 61,260 at P 70-71.
---------------------------------------------------------------------------
C. Proposed Regional Reliability Standard
8. In a June 17, 2009 filing (NERC Petition), NERC requested
Commission approval of proposed regional Reliability Standard IRO-006-
WECC-1, which was developed in response to the Commission's directives
in the June 8, 2007 Order, to replace the currently effective regional
Standard. NERC stated that the purpose of IRO-006-WECC-1 is to mitigate
transmission overloads due to unscheduled flow on Qualified Transfer
Paths. Under the Reliability Standard, reliability coordinators are
responsible for initiating schedule curtailments, and balancing
authorities are responsible for implementing the curtailments.
Specifically, proposed regional Reliability Standard IRO-006-WECC-1
contains the following two Requirements:
R.1. Upon receiving a request of Step 4 or greater (see
Attachment 1-IRO-006-WECC-1) from the Transmission Operator of a
Qualified Transfer Path, the Reliability Coordinator shall approve
(actively or passively) or deny that request within five minutes.
R.2. The Balancing Authorities shall approve curtailment
requests to the schedules as submitted, implement alternative
actions, or a combination there of that collectively meets the
Relief Requirement.
An attachment to IRO-006-WECC-1 summarizes the nine steps and related
actions to address unscheduled flows.
D. Notice of Proposed Rulemaking
9. On October 29, 2010, the Commission issued its Notice of
Proposed Rulemaking proposing to approve the regional IRO Reliability
Standard IRO-006-WECC-1.\11\ In
[[Page 16693]]
addition, the Commission raised concerns with respect to: (1) How
entities will know whether to follow the national or regional Standard
in a given situation; (2) WECC's and NERC's reliance on TOP-007-WECC-1
to ensure that entities manage power flows using steps one through
three of the Mitigation Plan prior to requesting curtailments; (3) how
the webSAS \12\ tool will work with respect to the national and
regional Standard; and (4) the potential reliability impact of
reliability coordinators' inability to request curtailments.
---------------------------------------------------------------------------
\11\ Western Electric Coordinating Council Qualified Transfer
Path Unscheduled Flow Relief Regional Reliability Standard, Notice
of Proposed Rulemaking, 75 FR 66702 (Oct. 29, 2010), FERC Stats &
Regs. ] 32,663 (2010) (NOPR).
\12\ The webSAS (Security Analysis System) is a proprietary
internet based application that is used by WECC to analyze,
initiate, communicate, and provide compliance reports for
implementation of the Unscheduled Flow Reduction Procedure. It is
available by subscription through the vendor to provide notification
of Unscheduled Flow Events, calculate and display required relief,
and provide a rapid method of transaction curtailments.
---------------------------------------------------------------------------
10. In response to the NOPR, comments were filed by NERC, WECC, and
Nevada Power Company and Sierra Pacific Power Company, both d/b/a NV
Energy (NV Energy). In the discussion below, we address these comments.
II. Discussion
A. Approval of IRO-006-WECC-1
11. In the NOPR, the Commission proposed to approve regional
Reliability Standard IRO-006-WECC-1 stating that it adequately
addresses a number of the directives identified in the June 8, 2007
Order and represents an improvement to the current Standard. As stated
in the NOPR, the Standard addresses our concern regarding the use of
the term ``receiver'' by removing the term, thus removing potential
confusion arising from the use of the undefined term. The Reliability
Standard also provides additional clarity by removing load-serving
entities from its applicability section since load-serving entities may
not be able to meet the Standard's requirements regarding curtailment
procedures. Further, the Standard includes reliability coordinators as
an applicable entity and addresses their role in curtailment
procedures. The Standard goes beyond the corresponding NERC Reliability
Standard by requiring a reliability coordinator to approve or deny a
transmission operator's curtailment request within five minutes.
Finally, the WECC Reliability Standard addresses formatting concerns,
conformance with NERC's Violation Severity Level and Violation Risk
Factor matrix, and the elimination of a WECC sanction table. NERC,
WECC, and NV Energy all support approval. Accordingly the Commission
adopts the NOPR proposal and approves regional Reliability Standard
IRO-006-WECC-1 as just, reasonable, not unduly discriminatory or
preferential, and in the public interest.
12. We raised in the NOPR several concerns regarding how the
regional Reliability Standard would work in practice to ensure Reliable
Operation in the Western Interconnect. As a result of the comments
submitted, our concerns have been adequately addressed, and we do not
direct any modifications to the regional Reliability Standard.
B. Issues Raised in NOPR
1. Consistency Between NERC and WECC
13. Requirement R1.2 in NERC Reliability Standard IRO-006-4 refers
to the WECC Unscheduled Flow Reduction Procedure with regard to
transmission loading relief in the Western Interconnection. In the
NOPR, the Commission requested comment on the interaction between the
differing requirements contained in the regional versus the national
Reliability Standards, on which of the two Standards' requirements take
precedence, and on how NERC intends to ensure compliance and consistent
enforcement with regard to the Standards.
Comments
14. WECC and NV Energy comment that the Standards differ in their
applicability. They state that NERC's IRO-006-4 addresses the
obligations of the reliability coordinator and the balancing authority
if an Interconnection-wide procedure is selected for the mitigation of
overloads on transmission facilities. According to WECC and NV Energy,
Regional Reliability Standard IRO-006-WECC-1 sets out reliability
obligations for the reliability coordinator and balancing authority
regarding transmission loading relief on the narrow subset of Western
Interconnect transmission facilities designated as Qualified Transfer
Paths. The two commenters assert there is no conflict between the NERC
Reliability Standard and the regional Standard, as they work together.
15. NERC states that it recognized some potential for confusion in
this matter and will soon file for approval a proposed Reliability
Standard IRO-006-5 \13\ that, among other things, eliminates reference
to the WECC Unscheduled Flow Reduction Procedure as a procedure that
may be selected by the reliability coordinator to achieve loading
relief and, instead, mentions the procedure as an example for which
coordination must occur.
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\13\ Subsequent to filing its comments in this Docket, NERC
filed its Petition for Approval of Proposed New Interconnection
Reliability Operations and Coordination Reliability Standards,
Glossary Term and Implementation Plan on January 13, 2011 in Docket
No. RD11-2-000.
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Commission Determination
16. The Commission finds that NERC's plan to eliminate the
opportunity for confusion with respect to this Reliability Standard
adequately addresses the concerns raised in the NOPR.
2. TOP-007-WECC-1 and the Mitigation Plan
17. In the June 8, 2007 Order, the Commission determined that the
regional Reliability Standard IRO-STD-006-0 is superior to the NERC
Standard based in part on the specified pre-curtailment steps one
through three of the Mitigation Plan.\14\ As stated above, the
Mitigation Plan is no longer referenced in IRO-006-WECC-1. The NERC
Petition stated that proposed WECC regional Reliability Standard TOP-
007-WECC-1, would work in conjunction with IRO-006-WECC-1 to ensure
that pre-curtailment steps one through three of the Mitigation Plan are
performed.\15\ In the NOPR, the Commission requested comment as to
whether WECC's reliance on proposed regional Standard TOP-007-WECC-1 or
currently effective Reliability Standard TOP-STD-007-0 (whichever is in
effect) is an adequate replacement for the currently required pre-
curtailment actions set forth in steps one through three of the
Mitigation Plan.
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\14\ June 18, 2007 Order, 119 FERC ] 61,260 at P 69.
\15\ NERC's petition for approval of regional Reliability
Standard TOP-007-WECC-1 is currently pending before the Commission
in Docket No. RM09-14-000.
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Comments
18. Each of the commenters note that Reliability Standard IRO-006-
WECC-1 and the proposed regional Standard TOP-007-WECC-1 were intended
to meet the performance objective of enhanced reliability but not to
prescribe a specific method for achieving that objective. WECC and NV
Energy assert that the pre-curtailment steps were not mandatory, but,
as before, they remain tools available to transmission operators for
the mitigation of transmission facility overloading. WECC states that
reliability would suffer if transmission operators were limited in
their action by a mandatory adherence to the Mitigation Plan.
[[Page 16694]]
Commission Determination
19. The Commission acknowledges the comments offered and is
satisfied that IRO-006-WECC-1 does not present a reduction in
reliability. The Commission also highlights the comment made by WECC
that the Standard is applicable to reliability coordinators and
balancing authorities, not to transmission operators. Under the
Standard, the reliability coordinator must approve or deny the
implementation of a step four or higher action, and the balancing
authority must grant relief so the transmission operator does not
violate a system operating limit (SOL) or an interconnection
reliability operating limit (IROL) operating limit. But transmission
operator's obligations remain unchanged by IRO-006-WECC-1. They
continue to be required to take immediate steps to relieve an SOL or
IROL operating limit violation.
3. Operation of webSAS
20. According to the NERC Petition, the webSAS tool calculates
curtailment and, unless the reliability coordinator actively denies the
request, approves the curtailment within five minutes. The Commission
requested in the NOPR additional information regarding how the webSAS
program works in relation to WECC's proposed IRO-006-WECC-1 as well as
the currently effective IRO-006-4, and whether conflicts could arise
between the webSAS programming and the Mitigation Plan.
Comments
21. NV Energy and WECC comments describe of the webSAS program,
explaining that it utilizes impedance modeling of the transmission
network in the Western Interconnection and is able to determine
transmission distribution factors that correspond to discrete
transactions. It is configured to prescribe curtailments in accordance
with the curtailment table in the WECC Unscheduled Flow Reduction
Procedure, and is only one of the methods a balancing authority might
use in devising curtailments. WECC notes that webSAS merely suggests
strategies; the responsible balancing authority must implement those
strategies. WECC further comments that WebSAS operates similarly
whether utilized under the regional or the national Reliability
Standard.
Commission Determination
22. The Commission is satisfied with the commenters' explanation of
the operation of webSAS, as well as its proposed use within the
mitigation process set out in Reliability Standard IRO-006-WECC-1.
4. Reliability Coordinators' Role in Curtailment
23. In the NOPR the Commission stated that, because reliability
coordinators are the only entities with the wide-area view, the
Commission believes it is appropriate that they, as the entities with
the highest level of authority to ensure reliability, have the ability
to initiate relief procedures.\16\ In the NOPR, the Commission
requested comment regarding its concerns that the proposed regional
Reliability Standard does not mention the reliability coordinators'
ability to request curtailments, and that automatic approval of
curtailments may occur through the webSAS tool without reliability
coordinator review.
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\16\ NOPR, FERC Stats. & Regs. ] 32,663 at P 30.
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Comments
24. WECC and NV Energy comment that the reliability coordinator
always has the ability to issue directives or take other actions to
ensure Reliable Operations under the authority granted in Reliability
Standard IRO-001-1.1. NV Energy states that the automatic approval of
requested curtailments after five minutes is an appropriate balance
between allowing for the reliability coordinators' participation and
adequately ensuring that transmission loading relief is obtained for
the next hour.
Commission Determination
25. The Commission agrees with the commenters that NERC Reliability
Standard IRO-001-1.1 provides the reliability coordinator authority to
take actions to ensure Reliable Operations, and no further
clarification is required.
5. Alternative Revisions
26. Because of the concerns expressed in the NOPR, the Commission
questioned whether it might be more efficient and appropriate if all
the WECC rules and procedures with respect to unscheduled flow
mitigation were incorporated in a single document.
Comments
27. WECC asserts that regional Reliability Standard IRO-006-4 does
not mandate following the Mitigation Plan but only suggests that the
Mitigation Plan is a procedure available to a reliability coordinator.
Therefore, incorporating the WECC rules and procedures into the
Mitigation Plan would not eliminate the need for an enforceable
regional Reliability Standard. WECC also comments that the differing
purposes of the Mitigation Plan, IRO-006-WECC-1, and TOP-007-WECC-1
would thwart efforts to combine them. NERC notes that it has already
undertaken eliminating the regional differences from the continent-wide
standard in its proposed IRO-006-5.
Commission Determination
28. The clarification provided by WECC adequately addresses the
Commission's concerns. Accordingly, the Commission finds that IRO-006-
WECC-1 represents an improvement to reliability.
III. Information Collection Statement
29. The following collections of information contained in this
Reliability Standard have been submitted to the Office of Management
and Budget (OMB) for review under section 3507(d) of the Paperwork
Reduction Act of 1955.\17\ OMB's regulations require OMB to approve
certain information collection requirements imposed by agency rule.\18\
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\17\ 44 U.S.C. 3507(d).
\18\ 5 CFR 1320.11.
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30. The Commission solicited comments on the burden to implement
IRO-006-WECC-1 which, rather than creating entirely new requirements,
instead modifies the existing regional Reliability Standard governing
qualified transfer path unscheduled flow relief and thus imposes a
minimal additional burden on the affected entities. The Commission
received no comments as to the issue of reporting burden estimates. The
Commission has not directed any modifications to the Requirements of
the Reliability Standard being approved. Thus this Final Ruled does not
materially or adversely affect the burden estimates provided in the
NOPR.
31. Burden Estimate: The burden for the requirements in this final
rule follow:
[[Page 16695]]
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Number of Number of Hours per Total annual
Data collection FERC-725E respondents responses response hours
----------------------------------------------------------------------------------------------------------------
35 Balancing Authorities and 1 Reliability 36 1 1 36
Coordinator--Reporting Requirement.............
35 Balancing Authorities and 1 Reliability 36 1 1 36
Coordinator--Recordkeeping Requirement.........
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Total....................................... .............. .............. .............. 72
----------------------------------------------------------------------------------------------------------------
Total Annual hours for Collection: 36 reporting +36 recordkeeping =
72 hours.
Reporting = 36 hours @ $120/hour = $4320.
Recordkeeping = 36 hours @ $40/hour = $1440.
Total Costs = Reporting ($4320) + Recordkeeping ($1440) = $5760.
Title: FERC 725E, Mandatory Reliability Standards for the Western
Electric Coordinating Council.
Action: Proposed collection of information.
OMB Control No: 1902-0246.
Respondents: Balancing Authorities and Reliability Coordinator in
the Western Electricity Coordinating Council.
Frequency of Responses: On Occasion.
Necessity of the Information: This Final Rule would approve a
revised Reliability Standard modifying the existing requirement for
entities to respond to requests for curtailment. The proposed
Reliability Standard requires entities to maintain documentation
evidencing their response to such requests.
Internal review: The Commission has reviewed the requirements
pertaining to proposed regional Reliability Standard IRO-006-WECC-1 and
believes it to be just, reasonable, not unduly discriminatory or
preferential, and in the public interest. These requirements conform to
the Commission's plan for efficient information collection,
communication and management within the energy industry. The Commission
has assured itself, by means of internal review, that there is
specific, objective support for the burden estimates associated with
the information requirements.
32. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426 [Attention: Ellen Brown, Office
of the Executive Director, Phone: (202) 502-8663, fax: (202) 273-0873,
e-mail: DataClearance@ferc.gov]. Comments on the requirements of this
Final Rule may also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by e-mail to OMB at: oira
submission@omb.eop.gov. Please reference OMB Control Number 1902-0246
and the docket number of this final rulemaking in your submission.
IV. Environmental Analysis
33. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\19\ The
action taken in the Final Rule fall within the categorical exclusion in
the Commission's regulations for rules that are clarifying, corrective
or procedural, for information gathering, analysis, and
dissemination.\20\ Accordingly, neither an environmental impact
statement nor an environmental assessment is required.
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\19\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
\20\ 18 CFR 380.4(a)(5).
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V. Regulatory Flexibility Act
34. The Regulatory Flexibility Act of 1980 (RFA) \21\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\22\
The SBA has established a size standard for electric utilities, stating
that a firm is small if, including its affiliates, it is primarily
engaged in the transmission, generation and/or distribution of electric
energy for sale and its total electric output for the preceding twelve
months did not exceed four million megawatt hours.\23\
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\21\ 5 U.S.C. 601-612.
\22\ 13 CFR 121.101.
\23\ 13 CFR 121.201, Sector 22, Utilities & n. 1.
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35. Most of the entities (i.e., reliability coordinators and
balancing authorities) to which the requirements of this Rule would
apply do not fall within the definition of small entities. The
Commission estimates that only 2-4 of the 35 balancing authorities are
small and that the economic impact on each of these is $160 per year.
The Commission does not consider this to be a significant economic
impact. Based on the foregoing, the Commission certifies that this Rule
will not have a significant impact on a substantial number of small
entities. Accordingly, no regulatory flexibility analysis is required.
VI. Document Availability
36. 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.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
37. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
38. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or e-mail at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional Notification
39. These regulations are effective May 24, 2011. The Commission
notes
[[Page 16696]]
that although the determinations made in this Final Rule are effective
May 24, 2011, regional Reliability Standard IRO-006-WECC-1 approved in
this Final Rule will not become effective until the first day of the
first quarter after applicable regulatory approval. The Commission has
determined, with the concurrence of the Administrator of the Office of
Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7040 Filed 3-24-11; 8:45 am]
BILLING CODE 6717-01-P