Availability of E-Tag Information to Commission Staff, 23516-23520 [2011-10119]
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comment period for the proposed rule,
the draft weapons safety assessment,
and the draft regulatory guides be
extended. The request was to extend the
comment period by an additional 90
days for a total of 180 days. The
requestor states they are coordinating
the industry comments on the proposed
ruling and associated documents to
ensure that the comments are of high
quality and that they reflect a consensus
industry perspective. They also state
that the comment period provided in
the February 3, 2011, Federal Register
notice is insufficient, given the
complexity of the topical area and the
number of documents associated with
the rule. The requester states that
extending the comment period would
provide the time necessary to more fully
assess the content of the proposed
ruling and associated documents and
arrive at a set of comments that are of
value to the NRC staff.
The NRC’s objective is to ensure the
public and other stakeholders have a
reasonable opportunity to provide the
NRC with comments on this proposed
action that will improve the quality of
these regulations and the supporting
guidance documents. The NRC
acknowledges this is a new area of
regulation and that a significant
quantity of information must be
reviewed by the public and other
stakeholders. Accordingly, the NRC is
extending the comment period for the
proposed rulemaking, the draft
regulatory guides, and the draft
weapons safety assessment for an
additional 90 days. Based on feedback
from stakeholders, the NRC believes that
a 90-day extension provides a
reasonable opportunity for all
stakeholders to review these documents
and to develop informed comments on
these documents.
Accordingly, the NRC is extending the
comment submittal deadlines for the
proposed rule, the draft weapons safety
assessment, and the two draft regulatory
guides (DG–5019 and DG–5020) from
May 4, 2011, to August 2, 2011.
Dated at Rockville, Maryland, this 21st day
of April 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011–10163 Filed 4–26–11; 8:45 am]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 366
[Docket No. RM11–12–000]
Availability of E-Tag Information to
Commission Staff
Federal Energy Regulatory
Commission, Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
proposes to revise its regulations to
require the Commission-certified
Electric Reliability Organization to make
available to Commission staff, on an
ongoing basis, access to complete
electronic tagging data used to schedule
the transmission of electric power in
wholesale markets. This information
will aid the Commission in market
monitoring and preventing market
manipulation, help assure just and
reasonable rates, and aid in monitoring
compliance with certain business
practice standards adopted by the North
American Energy Standards Board and
incorporated by reference into its
regulations and public utility tariffs by
the Commission. The Commission is
also considering making this
information available to entities
involved in market monitoring
functions and invites comments on this
option.
DATES: Comments on the proposed rule
are due June 27, 2011.
ADDRESSES: You may submit comments
identified by Docket No. RM11–12–000,
by one of the following methods:
• Agency Web Site: https://ferc.gov.
Follow the instructions for submitting
comments via the eFiling link found in
the Comment Procedures Section of the
preamble.
• Mail: Commenters unable to file
comments electronically must mail or
hand deliver an original of their
comments to the Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC 20426. Please refer to
the Comment Procedures Section of the
preamble for additional information on
how to file paper comments.
FOR FURTHER INFORMATION CONTACT:
Maria Vouras (Technical Information),
Office of Enforcement, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
(202) 502–8062, E-mail:
maria.vouras@ferc.gov.
William Sauer (Technical Information),
Office of Enforcement, Federal Energy
SUMMARY:
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Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
(202) 502–6639, E-mail:
william.sauer@ferc.gov.
Gary D. Cohen (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426. Telephone: (202) 502–8321,
E-mail: gary.cohen@ferc.gov.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
(April 21, 2011)
1. In this Notice of Proposed
Rulemaking (NOPR), the Federal Energy
Regulatory Commission (Commission)
proposes, pursuant to § 307(a) and § 309
of the Federal Power Act (FPA),1 to
amend its regulations to require the
Electric Reliability Organization (ERO)
certified by the Commission under
§ 39.3 of the Commission’s regulations 2
to make available to Commission staff,
on an ongoing basis, access to the
complete electronic tags (e-Tags) used to
schedule the transmission of electric
power interchange transactions in
wholesale markets.3 The Commission
proposes to require the ERO to provide
access to e-Tags, rather than requiring
individual market participants to
provide such access, so as to avoid
imposing this burden on market
participants of submitting e-Tags with
both the ERO and the Commission.
I. Background
2. The North American Electric
Reliability Corporation (NERC),
formerly known as the North American
Electric Reliability Council, was
established in 1968, in response to the
1965 electricity blackout in the
northeast. At that time, the industrycreated council included nine regional
reliability groups, began regional
planning coordination, and developed
voluntary operations criteria and guides.
Over the years, NERC modified its
membership rules and governing
structure and, in 2006, the Commission
approved NERC’s application to become
the ERO for the United States.4
1 16
U.S.C. 791a, et seq.
CFR 39.3 (2010).
3 For purposes of this NOPR, ‘‘complete e-Tags’’
refers to (1) e-Tags for interchange transactions
scheduled to flow into, out of or within the United
States’ portion of the Eastern or Western
Interconnections, or into or out of the Electric
Reliability Council of Texas and into or out of the
United States’ portion of the Eastern or Western
Interconnections, and (2) information on every
aspect of the e-Tag, including all applicable e-TagIDs, transaction types, market segments, physical
segments, profile sets, transmission reservations,
and energy schedules.
4 North American Electric Reliability Corporation,
116 FERC ¶ 61,062 (2006), order on reh’g, 117 FERC
2 18
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3. The North American Energy
Standards Board (NAESB) is a nonprofit standards development
organization established in January 2002
that serves as an industry forum for the
development of business practice
standards. NAESB has developed a
number of business practice standards
that the Commission has incorporated
by reference into its regulations, thus
making compliance with these
standards a mandatory Commission
requirement.5
4. NERC and NAESB coordinate the
development of business practices and
reliability standards for the wholesale
electric industry. The members and staff
of NERC and NAESB actively
participate in both organizations, and
NERC is a member of the NAESB
Wholesale Electric Quadrant. NAESB
representatives participate in NERC
technical committees and regularly
attend meetings of the Member
Representatives Committee and Board of
Trustees.
5. NERC and NAESB use a joint
coordination procedure to ensure tight
integration of their respective standards
development processes where reliability
and commercial needs are closely
related. Some examples where such
coordination has been required are
electronic tagging, transmission loading
relief (TLR) procedures, and
determination of available transfer
capability. This coordination includes
joint meetings, inter-organizational
reviews of standards and comments,
and often jointly developed filings.
6. E-Tags, also known as Requests for
Interchange, are used to schedule
interchange transactions 6 in wholesale
markets.7 NERC and/or Regional
Entities (such as WECC) collect all e-Tag
data in near real-time to assist
Reliability Coordinators in identifying
transactions that need to be curtailed for
relieving overload when transmission
constraints occur. E-Tags are included
¶ 61,126 (2006), order on compliance, 118 FERC
¶ 61,030 (2007).
5 See, e.g., Standards for Business Practices and
Communication Protocols for Public Utilities, Order
No. 676, FERC Stats. & Regs., Regulations Preambles
¶ 31,216 (2006), reh’g denied, Order No. 676–A, 116
FERC ¶ 61,255 (2006).
6 NERC’s Glossary of Terms Used in Reliability
Standards (updated April 20, 2009) defines an
interchange transaction as ‘‘[a]n agreement to
transfer energy from a seller to a buyer that crosses
one or more Balancing Authority Area boundaries.’’
See https://www.nerc.com/files/
Glossary_2009April20.pdf (page 10 of 21) (last
visited on March 23, 2011).
7 E-Tag Transaction Tags are part of the
Interchange Distribution Calculator and Websas that
are used in the TLR procedure IRO–006–4.1 and
WECC Unscheduled Flow Standard IRO–STD–006–
0 for the Eastern and Western Interconnection,
respectively.
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in the business practice standards
adopted by NAESB and incorporated by
reference into its regulations and public
utility tariffs by the Commission.8
7. Currently, the Commission and its
staff do not have access to the complete
e-Tags used for interchange
transactions. We believe that access to
this information would enhance the
Commission staff’s efforts to monitor
market developments and prevent
market manipulation, assure just and
reasonable rates, and in monitoring
compliance with certain NAESB
business practice standards.9
8. Accordingly, in this NOPR, the
Commission proposes to require the
Commission-certified ERO to make
available to Commission staff on an
ongoing, non-public basis the complete
e-Tags used to schedule the
transmission of electric power in
wholesale markets. In addition, while
not specifically proposed in this NOPR,
the Commission is inviting comments
on whether the Commission should
require that complete e-Tags be made
available to entities involved in market
monitoring of RTOs and ISOs.
Commenters should consider this
broader availability option as within the
scope of options being considered in
this rulemaking.
II. Discussion
9. In this NOPR, the Commission
proposes to require the ERO to provide
Commission staff with access to the
e-Tags used to schedule interchange
transactions in wholesale markets on a
non-public basis. Under the FPA, the
Commission has authority over public
utilities that make wholesale power
sales or that provide wholesale
transmission service to report the details
of their transactions, including complete
e-Tag data. Additionally, under § 307(a)
of the FPA, the Commission has, among
its powers, authority to investigate any
facts, conditions, practices, or matters it
8 NAESB Wholesale Electric Quadrant (WEQ)
Business Practice Requirement 004–2 states that the
‘‘primary method of submitting the Request for
Interchange (RFI) to the Interchange Authority shall
be an e-Tag using protocols in compliance with the
Electronic Tagging Functional Specification,
Version 1.8.’’ See NAESB Wholesale Electric
Quadrant (WEQ) Business Practice Standards
(Version 002.1), published March 11, 2009. More
recently, NERC has updated its tagging
specifications, see infra n.12, but this update is not
reflected in the WEQ Version 002.1 business
practice standards incorporated by reference by the
Commission.
9 Having access to e-Tags would allow
Commission staff to electronically download,
receive and store data, as necessary and
appropriate. Under the NOPR proposal,
Commission staff would gain access to the e-Tag
data that is currently being collected and stored in
databases by private vendors under contract with
NERC.
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may deem necessary or proper to
determine whether any person, electric
utility, transmitting utility or other
entity may have violated or might
violate the FPA or the Commission’s
regulations, or to aid in the enforcement
of the FPA or the Commission
regulations, or to obtain information
about wholesale power sales or the
transmission of power in interstate
commerce.
10. The Commission proposes to
require the ERO (NERC) rather than
individual market participants to
provide access to the e-Tag data to avoid
burdening market participants with a
requirement to file the same data with
both NERC and the Commission. In
addition, obtaining access from one
entity (i.e., NERC) will avoid burdening
the Commission with developing and
maintaining a new system to capture
such data from individual market
participants.
11. E-Tagging was first implemented
by NERC on September 22, 1999, as a
process to improve the speed and
efficiency of the tagging process, which
had previously been accomplished by
e-mail, facsimile, and telephone
exchanges.10 E-Tags require that, prior
to scheduling transactions, one of the
market participants involved in a
transaction must submit certain
transaction-specific information, such as
the source and sink control areas (now
referred to as Balancing Authority
Areas) and control areas along the
contract path, as well as the
transaction’s level of priority and
transmission reservation Open Access
Same-Time Information System
reference numbers, to control area
operators and transmission operators on
the contract path.11
12. Communication, submission,
assessment, and approval of an e-Tag
must be completed before the
interchange transaction is
implemented.12 The Interchange
Scheduling and Coordination (INT)
group of Reliability Standards sets forth
requirements for implementing
interchange transactions through e-Tags.
E-Tags are submitted pursuant to the
business practices set forth by NAESB.
10 Open-Access Same-Time Information System
and Standards of Conduct, 90 FERC ¶ 61,070, at
61,258–59 (2000) (Order Denying Cease and Desist
Order).
11 Id.
12 See Mandatory Reliability Standards, Order
No. 693, FERC Stats. & Regs. ¶ 31,242 at P 795,
order on reh’g, Order No. 693–A, 120 FERC 61,053
(2007); see also Revised Mandatory Reliability
Standards for Interchange Scheduling,
Coordination, Order No. 730 at P 7 & n.19. E-Tags
are implemented through the requirements set forth
in the NAESB Electronic Tagging Functional
Specifications, Version 1.8.1 (Oct. 27, 2009).
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Those business practices set forth the
requirements for a proper e-Tag to
permit an Interchange Authority to
accept and process the e-Tag. NERC
collects all e-Tags in near real-time that
are used in the congestion management
tools to identify which transaction tags
must be curtailed to mitigate the
overload when transmission constraints
occur.
13. Two early cases addressed the
issue of whether public utilities would
need to comply with NERC’s e-Tag
requirements as a precondition to
making wholesale power sales.13 In
Coalition Against Private Tariffs, 83
FERC ¶ 61,015, reh’g denied, 84 FERC
¶ 61,050 (1998), the Commission
dismissed a motion requesting it to
order public utilities to cease and desist
from requiring compliance with NERC’s
tagging plan as a condition to
scheduling transactions.14 In addition,
the Commission found that ‘‘the
information required to be submitted by
the NERC tagging plan is consistent
with the information already required to
be submitted under a Transmission
Provider’s compliance tariff,’’ 15 so that
the tagging plan did not require a
change to terms and conditions of
OATTs on file with the Commission.
14. In another early order involving
e-Tags,16 the Commission denied a
motion for a cease and desist order and
found that the e-Tag system has
generally improved the reliability and
efficiency of the transmission system
and facilitates the access of system
transmission operators to critical
information that can be used to analyze
‘‘the way in which a particular
transaction may impact transmission
system stability’’.17 Moreover, the
Commission found that the e-Tag
system is an important element of Next
Hour Market Service.18
15. We believe that obtaining access
to complete e-Tag data will help the
Commission to detect anti-competitive
or manipulative behavior or ineffective
market rules, monitor the efficiency of
the markets, and better inform
Commission policies and decisionmaking. Thus, the Commission proposes
to require the ERO to provide access to
complete e-Tag data on a non-public
basis to Commission staff. For example,
by using e-Tag data, in coordination
13 We note, however, that the use of e-Tags is not
limited to transactions involving public utilities.
14 83 FERC at 61,039.
15 84 FERC at 61,235.
16 Open Access Same-Time Information Systems
and Standards of Conduct, 90 FERC ¶ 61,070, at
61,260–62 (2000) (Order Denying Cease and Desist
Order).
17 Id., 90 FERC at 61,262.
18 Id.
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with other resources,19 the Commission
will be able to better identify
interchange schedules that appear
anomalous or inconsistent with rational
economic behavior. In this regard,
access to e-Tag data would allow the
Commission’s staff to examine more
effectively situations where interchange
schedules are absent even when
transmission capacity is available and
pricing differences between the two
locations ought to be sufficient to
encourage transactions between those
locations. Such a circumstance could
signal a market issue or other problem.
In addition, Commission access to eTags would help facilitate Commission
audits or investigations in cases where
e-Tags are relevant.
16. In light of the various Commission
uses for e-Tag data, we propose to locate
this requirement within § 366.2 of our
regulations, which governs Commission
access to books and records. Thus, we
propose to revise § 366.2 of our
regulations to redesignate the current
paragraph (d) as paragraph (e), and to
add a new paragraph (d) establishing a
formal requirement for the ERO to make
this information available on an ongoing
basis to the Commission’s Staff. By
establishing this requirement as part of
§ 366.2, it is clear that, under the newly
designated paragraph (e), the
information would be kept confidential
and would not be made publicly
available, except as directed by the
Commission, or a court with appropriate
jurisdiction.20
19 For instance, in Docket No. RM10–12–000, the
Commission is issuing a NOPR concurrently with
this NOPR, whereby the Commission proposes that
e-Tag IDs be included in the transaction details
reported in Electric Quarterly Reports.
20 In a NOPR on Electricity Market Transparency
Provisions of Section 220 of the Federal Power Act,
in Docket No. RM10–12–000, being issued
concurrently with this NOPR, the Commission
proposes to require individual market participants
to file, if applicable, e-Tag IDs as part of their
publicly-available Electric Quarterly Report (EQR).
An e-Tag ID is a subset of the information in a
complete e-Tag that contains information about the
source Balancing Authority in which the generation
is located; a unique transaction identifier assigned
by the e-Tag system when transmission service to
accommodate the transaction is reserved; and the
sink Balancing Authority in which the load is
located. The Commission believes that the
information contained in e-Tag IDs is not privileged
or confidential.
Unlike the public availability of e-Tag ‘‘ID’’
information proposed in Docket No. RM10–12–000,
in the instant proceeding in Docket No. RM11–12–
000, the Commission is proposing to keep all other
(‘‘non-ID’’) e-Tag data non-public. We note that
persons could file a request to obtain such data
through a request under the Freedom of Information
Act (FOIA). The Commission, however, is of the
view that these data would be covered by
exemption 4 of FOIA, which protects ‘‘trade secrets
and commercial or financial information obtained
from a person [that is] privileged or confidential.’’
5 U.S.C. 552(b)(4) (2006), amended by OPEN
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17. Currently, the access of market
monitoring units (MMUs) for RTOs and
ISOs to e-Tag data is often limited to
schedules with contract paths in the
market that the MMU is tasked with
monitoring.21 Allowing MMUs access to
complete e-Tag data may improve their
ability to monitor loop flows and their
corresponding market impacts.
18. Accordingly, the Commission
invites comment on whether this
information should be made available to
MMUs. If so, should the data be
provided to MMUs on a real-time basis?
The Commission also invites comment
on whether making the data available to
MMUs would raise confidentiality
issues or require specific confidentiality
provisions. For example, should such
entities sign a confidentiality agreement
in order to access the information? In
addition, the Commission invites
comment on what would be the
benefit(s) or drawback(s) to the
Commission obtaining this information
from individual market participants
rather than NERC.
III. Information Collection Statement
19. The following collection of
information contained in this proposed
rule is being submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
Paperwork Reduction Act of 1995,
44 U.S.C. 3507(d). The Commission
solicits comments on the Commission’s
need for this information, whether the
information will have practical utility,
the accuracy of the provided burden
estimate, ways to enhance the quality,
utility, and clarity of the information to
be collected, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques. Respondents
subject to the filing requirements of this
rule will not be penalized for failing to
respond to this collection of information
unless the collections of information
display a valid OMB Control number.
20. The proposed rule makes
information available to Commission
staff, but does not require, as part of the
proposals in this NOPR, that NERC
collect any new information, repackage
the information into any kind of report,
or make any computations or
adjustments to the raw information.
This being the case, the Commission
estimates that the reporting burden
Government Act of 2007, Public Law 110–175, 121
Stat. 2524. Accordingly, these data would not be
obtainable under the FOIA in that circumstance.
21 See Electronic Tagging Functional
Specifications, Version 1.8.1 (Oct. 27, 2009), Joint
Electric Scheduling Subcommittee, North American
Energy Standards Board—Wholesale Electric
Quadrant, at 9, 23, and 64.
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associated with compliance with this
proposed rule is de minimis, and is
limited to reviewing the Commission
23519
ruling and providing permission for
staff to access the information.
Number of
respondents
annually
Number of
responses per
respondent
Hours per
response
Total
annual
burden hours
(1)
Data collection FERC–740
(2)
(3)
(1)×(2)×(3)
1
1
7
7
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NERC ...............................................................................................
Total Annual Hours for Collection
Reporting = 7 hours.
Information Collection Costs: The
Commission seeks comments on the
costs to comply with these
requirements. It has projected the
average annualized cost to be the
following:
Total Annualized Cost = $840
(7 hours @ $120/hr 22).
21. OMB regulations 23 require OMB
to approve certain information
collection requirements imposed by
agency rule. The Commission is
submitting notification of this proposed
rule to OMB. These information
collections are mandatory requirements.
Title: (Proposed) FERC–740,
Availability of e-Tag Information to
Commission Staff.
Action: Proposed collection.
OMB Control No.: To be determined.
Respondent: NERC.
Frequency of Responses: On occasion.
Necessity of the Information: This
proposed rule, if implemented, would
aid the Commission in market
monitoring and preventing market
manipulation, in assuring just and
reasonable rates, and in monitoring
compliance with certain business
practice standards adopted by NAESB
and incorporated by reference by the
Commission.
22. The information collection
requirements of this proposed rule are
based on NERC reviewing the
documents in this proceeding and
providing permission for Commission
staff to access to the complete e-Tag data
reported to NERC.
23. Internal Review: The Commission
has made a preliminary determination
that the proposed revisions are
necessary to assure compliance with
Commission-incorporated business
practice standards, to monitor market
transactions to determine if entities are
engaged in market manipulation, and to
assure just and reasonable rates. The
Commission has assured itself, by
means of its internal review, that there
is specific, objective support for the
22 This is a composite figure taking into account
legal ($200/hr) and technical ($40/hr) staff.
23 5 CFR 1320.11.
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burden estimate associated with the
information requirements.
24. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, Attn: Ellen Brown,
Information Collection Officer, 888 First
Street, NE., Washington, DC 20426.
E-mail: DataClearance@ferc.gov. Phone:
(202) 502–8663, fax: (202) 273–0873.
25. Comments concerning the
information collections proposed in this
NOPR and the associated burden
estimates, should be sent to the
Commission in this docket and may also
be sent to the Office of Management and
Budget, Office of Information and
Regulatory Affairs, 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 the following e-mail address:
oira_submission@omb.eop.gov. Please
reference FERC–740 and Docket No.
RM11–12–000 in your submission.
IV. Environmental Analysis
26. 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.24 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.25 The actions proposed
here fall within categorical exclusions
in the Commission’s regulations for
rules that are clarifying, corrective, or
procedural, for information gathering,
analysis, and dissemination, and for
sales, exchange, and transportation of
electric power that requires no
construction of facilities.26 Therefore,
an environmental assessment is
24 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47,897 (Dec. 17, 1987), FERC Stats. & Regs.,
Regulations Preambles ¶ 30,783 (1987).
25 18 CFR 380.4.
26 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
380.4(a)(27).
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unnecessary and has not been prepared
in this NOPR.
V. Regulatory Flexibility Act
Certification
27. The Regulatory Flexibility Act of
1980 (RFA) 27 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. Section 601(3) of the RFA
defines a ‘‘small business’’ as having the
same meaning as ‘‘small business
concern’’ under section 3 of the Small
Business Act. This term includes any
firm that is ‘‘independently owned and
operated’’ and is ‘‘not dominant in its
field of operation.’’ The regulations
proposed here impose requirements
only on NERC,28 which, as the single
ERO for the United States, is not a small
business.29
• Provides electricity to 334 million
people
• Has a total electricity demand of
830 gigawatts (830,000 megawatts)
• Has 211,000 miles or 340,000 km of
high-voltage transmission line (230,000
volts and greater)
• Represents more than $1 trillion
(U.S.) worth of assets.’’
We also note that, in North American
Electric Reliability Corporation, 133
FERC ¶ 61,062, at P 15, 19 (2010), the
Commission conditionally approved
NERC’s 2011 budget, which exceeds $53
million.
28. The Commission has followed the
provisions of the RFA concerning
potential impact on small business and
27 5
U.S.C. 601–612.
to the NERC Web site, https://
www.nerc.com (under fast facts), (last visited on
March 23, 2011), NERC is ‘‘an international,
independent, not-for-profit organization, whose
mission is to ensure the reliability of the bulk
power system in North America.’’ The Web site also
states that ‘‘NERC oversees reliability for a bulk
power system that:
29 15 U.S.C. 632. The Small Business
Administration has developed size standards to
carry out the purposes of the Small Business Act
and those size standards can be found in 13 CFR
121.201. A firm is small if, including its affiliates,
it is primarily engaged in the generation,
transmission, and/or distribution of electric energy
for sale and its total electric output for the
preceding fiscal year did not exceed 4 million
megawatt hours.
28 According
E:\FR\FM\27APP1.SGM
27APP1
23520
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules
other small entities. As this rulemaking,
if implemented, would impose no
burden on small entities, the
Commission hereby certifies, pursuant
to section 605(b) of the RFA,30 that the
regulations proposed herein will not
have a significant economic impact on
a substantial number of small entities.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
VI. Comment Procedures
29. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due June 27, 2011.
Comments must refer to Docket No.
RM11–12–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address.
30. The Commission encourages
commenters to file electronically via the
eFiling link on the Commission’s Web
site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats and
commenters may attach additional files
with supporting information in certain
other file formats. Commenters filing
electronically do not need to make a
paper filing.
31. Commenters unable to file
comments electronically must mail or
hand deliver an original copys of their
comments to: Federal Energy Regulatory
Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC, 20426. These
requirements can be found on the
Commission’s Web site, see, e.g., the
‘‘Quick Reference Guide for Paper
Submissions,’’ available at https://
www.ferc.gov/docs-filing/efiling.asp or
via phone from FERC Online Support at
(202) 502–6652 or toll-free at 1–866–
208–3676.
32. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
to 5 p.m. Eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
34. From FERC’s Home Page on the
Internet, this information is available in
the eLibrary. The full text of this
document is available in the eLibrary
both 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.
35. User assistance is available for
eLibrary and the FERC’s Web site during
our normal business hours. For
assistance contact FERC Online Support
at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,
contact (202) 502–8659.
List of Subjects in 18 CFR Part 366
Electric power, and Reporting and
recordkeeping requirements.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission proposes to revise Chapter
I, Title 18, part 366 of the Code of
Federal Regulations, as follows:
PART 366—BOOKS AND RECORDS
1. The authority citation for part 366
continues to read as follows:
Authority: 15 U.S.C. 717 et seq., 16 U.S.C.
791a et seq., and 42 U.S.C. 16451–16463.
2. In § 366.2, redesignate paragraph
(d) as paragraph (e) and add a new
paragraph (d) to read as follows:
§ 366.2 Commission access to books and
records.
*
*
*
*
*
(d) Electric Reliability Organization.
The Electric Reliability Organization
certified by the Commission under
§ 39.3 of this chapter will make
available to Commission staff, on an
ongoing basis, access to the complete
electronic tags (e-Tags), or any successor
to e-Tags, used to schedule the
transmission of electric power in
wholesale markets. The complete e-Tag
data to be made available under this
VII. Document Availability
section shall consist of e-Tags for
interchange transactions scheduled to
33. In addition to publishing the full
flow into, out of or within the United
text of this document in the Federal
States’ portion of the Eastern or Western
Register, the Commission provides all
Interconnections, or into or out of the
interested persons an opportunity to
Electric Reliability Council of Texas and
view and/or print the contents of this
into or out of the United States’ portion
document via the Internet through
FERC’s Home Page (https://www.ferc.gov) of the Eastern or Western
Interconnections.
and in FERC’s Public Reference Room
*
*
*
*
during normal business hours (8:30 a.m. *
[FR Doc. 2011–10119 Filed 4–26–11; 8:45 am]
30 5
U.S.C. 605(b).
VerDate Mar<15>2010
15:08 Apr 26, 2011
BILLING CODE 6717–01–P
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Frm 00008
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Chapter I
[Docket No. FDA–2011–N–0259]
Periodic Review of Existing
Regulations; Retrospective Review
Under E.O. 13563
AGENCY:
Food and Drug Administration,
HHS.
Notification for request for
comment.
ACTION:
In accordance with Executive
Order 13563, ‘‘Improving Regulation and
Regulatory Review,’’ the Food and Drug
Administration (FDA) is conducting a
review of its existing regulations to
determine, in part, whether they can be
made more effective in light of current
public health needs and to take
advantage of and support advances in
innovation. The goal of this review of
existing regulations, as with our other
reviews, is to help ensure that FDA’s
regulatory program is more effective and
less burdensome in achieving its
regulatory objectives. FDA is requesting
comment and supporting data on which,
if any, of its existing rules are
outmoded, ineffective, insufficient, or
excessively burdensome and thus may
be good candidates to be modified,
streamlined, expanded, or repealed. As
part of this review, FDA also invites
comment to help us review our
framework for periodically analyzing
existing rules.
DATES: Submit either electronic or
written comments by June 27, 2011.
ADDRESSES: You may submit comments,
identified by Docket No. FDA–2011–N–
0259, by any of the following methods:
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Written Submissions
Submit written submissions in the
following ways:
• Fax: 301–827–6870.
• Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions):
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.
Instructions: All submissions received
must include the Agency name and
Docket No. FDA–2011–N–0259 for this
rulemaking. All comments received may
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]]>Agencies
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Proposed Rules]
[Pages 23516-23520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10119]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 366
[Docket No. RM11-12-000]
Availability of E-Tag Information to Commission Staff
AGENCY: Federal Energy Regulatory Commission, Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to revise its regulations to require the Commission-certified Electric
Reliability Organization to make available to Commission staff, on an
ongoing basis, access to complete electronic tagging data used to
schedule the transmission of electric power in wholesale markets. This
information will aid the Commission in market monitoring and preventing
market manipulation, help assure just and reasonable rates, and aid in
monitoring compliance with certain business practice standards adopted
by the North American Energy Standards Board and incorporated by
reference into its regulations and public utility tariffs by the
Commission. The Commission is also considering making this information
available to entities involved in market monitoring functions and
invites comments on this option.
DATES: Comments on the proposed rule are due June 27, 2011.
ADDRESSES: You may submit comments identified by Docket No. RM11-12-
000, by one of the following methods:
Agency Web Site: https://ferc.gov. Follow the instructions
for submitting comments via the eFiling link found in the Comment
Procedures Section of the preamble.
Mail: Commenters unable to file comments electronically
must mail or hand deliver an original of their comments to the Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426. Please refer to the Comment
Procedures Section of the preamble for additional information on how to
file paper comments.
FOR FURTHER INFORMATION CONTACT:
Maria Vouras (Technical Information), Office of Enforcement, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. (202) 502-8062, E[dash]mail: maria.vouras@ferc.gov.
William Sauer (Technical Information), Office of Enforcement, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. (202) 502-6639, E-mail: william.sauer@ferc.gov.
Gary D. Cohen (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Telephone: (202) 502-8321, E-mail:
gary.cohen@ferc.gov.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
(April 21, 2011)
1. In this Notice of Proposed Rulemaking (NOPR), the Federal Energy
Regulatory Commission (Commission) proposes, pursuant to Sec. 307(a)
and Sec. 309 of the Federal Power Act (FPA),\1\ to amend its
regulations to require the Electric Reliability Organization (ERO)
certified by the Commission under Sec. 39.3 of the Commission's
regulations \2\ to make available to Commission staff, on an ongoing
basis, access to the complete electronic tags (e-Tags) used to schedule
the transmission of electric power interchange transactions in
wholesale markets.\3\ The Commission proposes to require the ERO to
provide access to e-Tags, rather than requiring individual market
participants to provide such access, so as to avoid imposing this
burden on market participants of submitting e-Tags with both the ERO
and the Commission.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 791a, et seq.
\2\ 18 CFR 39.3 (2010).
\3\ For purposes of this NOPR, ``complete e-Tags'' refers to (1)
e-Tags for interchange transactions scheduled to flow into, out of
or within the United States' portion of the Eastern or Western
Interconnections, or into or out of the Electric Reliability Council
of Texas and into or out of the United States' portion of the
Eastern or Western Interconnections, and (2) information on every
aspect of the e-Tag, including all applicable e-Tag-IDs, transaction
types, market segments, physical segments, profile sets,
transmission reservations, and energy schedules.
---------------------------------------------------------------------------
I. Background
2. The North American Electric Reliability Corporation (NERC),
formerly known as the North American Electric Reliability Council, was
established in 1968, in response to the 1965 electricity blackout in
the northeast. At that time, the industry-created council included nine
regional reliability groups, began regional planning coordination, and
developed voluntary operations criteria and guides. Over the years,
NERC modified its membership rules and governing structure and, in
2006, the Commission approved NERC's application to become the ERO for
the United States.\4\
---------------------------------------------------------------------------
\4\ North American Electric Reliability Corporation, 116 FERC ]
61,062 (2006), order on reh'g, 117 FERC ] 61,126 (2006), order on
compliance, 118 FERC ] 61,030 (2007).
---------------------------------------------------------------------------
[[Page 23517]]
3. The North American Energy Standards Board (NAESB) is a non-
profit standards development organization established in January 2002
that serves as an industry forum for the development of business
practice standards. NAESB has developed a number of business practice
standards that the Commission has incorporated by reference into its
regulations, thus making compliance with these standards a mandatory
Commission requirement.\5\
---------------------------------------------------------------------------
\5\ See, e.g., Standards for Business Practices and
Communication Protocols for Public Utilities, Order No. 676, FERC
Stats. & Regs., Regulations Preambles ] 31,216 (2006), reh'g denied,
Order No. 676-A, 116 FERC ] 61,255 (2006).
---------------------------------------------------------------------------
4. NERC and NAESB coordinate the development of business practices
and reliability standards for the wholesale electric industry. The
members and staff of NERC and NAESB actively participate in both
organizations, and NERC is a member of the NAESB Wholesale Electric
Quadrant. NAESB representatives participate in NERC technical
committees and regularly attend meetings of the Member Representatives
Committee and Board of Trustees.
5. NERC and NAESB use a joint coordination procedure to ensure
tight integration of their respective standards development processes
where reliability and commercial needs are closely related. Some
examples where such coordination has been required are electronic
tagging, transmission loading relief (TLR) procedures, and
determination of available transfer capability. This coordination
includes joint meetings, inter-organizational reviews of standards and
comments, and often jointly developed filings.
6. E[dash]Tags, also known as Requests for Interchange, are used to
schedule interchange transactions \6\ in wholesale markets.\7\ NERC
and/or Regional Entities (such as WECC) collect all e[dash]Tag data in
near real-time to assist Reliability Coordinators in identifying
transactions that need to be curtailed for relieving overload when
transmission constraints occur. E[dash]Tags are included in the
business practice standards adopted by NAESB and incorporated by
reference into its regulations and public utility tariffs by the
Commission.\8\
---------------------------------------------------------------------------
\6\ NERC's Glossary of Terms Used in Reliability Standards
(updated April 20, 2009) defines an interchange transaction as
``[a]n agreement to transfer energy from a seller to a buyer that
crosses one or more Balancing Authority Area boundaries.'' See
https://www.nerc.com/files/Glossary_2009April20.pdf (page 10 of 21)
(last visited on March 23, 2011).
\7\ E-Tag Transaction Tags are part of the Interchange
Distribution Calculator and Websas that are used in the TLR
procedure IRO-006-4.1 and WECC Unscheduled Flow Standard IRO-STD-
006-0 for the Eastern and Western Interconnection, respectively.
\8\ NAESB Wholesale Electric Quadrant (WEQ) Business Practice
Requirement 004-2 states that the ``primary method of submitting the
Request for Interchange (RFI) to the Interchange Authority shall be
an e[dash]Tag using protocols in compliance with the Electronic
Tagging Functional Specification, Version 1.8.'' See NAESB Wholesale
Electric Quadrant (WEQ) Business Practice Standards (Version 002.1),
published March 11, 2009. More recently, NERC has updated its
tagging specifications, see infra n.12, but this update is not
reflected in the WEQ Version 002.1 business practice standards
incorporated by reference by the Commission.
---------------------------------------------------------------------------
7. Currently, the Commission and its staff do not have access to
the complete e[dash]Tags used for interchange transactions. We believe
that access to this information would enhance the Commission staff's
efforts to monitor market developments and prevent market manipulation,
assure just and reasonable rates, and in monitoring compliance with
certain NAESB business practice standards.\9\
---------------------------------------------------------------------------
\9\ Having access to e[dash]Tags would allow Commission staff to
electronically download, receive and store data, as necessary and
appropriate. Under the NOPR proposal, Commission staff would gain
access to the e[dash]Tag data that is currently being collected and
stored in databases by private vendors under contract with NERC.
---------------------------------------------------------------------------
8. Accordingly, in this NOPR, the Commission proposes to require
the Commission-certified ERO to make available to Commission staff on
an ongoing, non-public basis the complete e[dash]Tags used to schedule
the transmission of electric power in wholesale markets. In addition,
while not specifically proposed in this NOPR, the Commission is
inviting comments on whether the Commission should require that
complete e[dash]Tags be made available to entities involved in market
monitoring of RTOs and ISOs. Commenters should consider this broader
availability option as within the scope of options being considered in
this rulemaking.
II. Discussion
9. In this NOPR, the Commission proposes to require the ERO to
provide Commission staff with access to the e[dash]Tags used to
schedule interchange transactions in wholesale markets on a non-public
basis. Under the FPA, the Commission has authority over public
utilities that make wholesale power sales or that provide wholesale
transmission service to report the details of their transactions,
including complete e[dash]Tag data. Additionally, under Sec. 307(a) of
the FPA, the Commission has, among its powers, authority to investigate
any facts, conditions, practices, or matters it may deem necessary or
proper to determine whether any person, electric utility, transmitting
utility or other entity may have violated or might violate the FPA or
the Commission's regulations, or to aid in the enforcement of the FPA
or the Commission regulations, or to obtain information about wholesale
power sales or the transmission of power in interstate commerce.
10. The Commission proposes to require the ERO (NERC) rather than
individual market participants to provide access to the e[dash]Tag data
to avoid burdening market participants with a requirement to file the
same data with both NERC and the Commission. In addition, obtaining
access from one entity (i.e., NERC) will avoid burdening the Commission
with developing and maintaining a new system to capture such data from
individual market participants.
11. E-Tagging was first implemented by NERC on September 22, 1999,
as a process to improve the speed and efficiency of the tagging
process, which had previously been accomplished by e-mail, facsimile,
and telephone exchanges.\10\ E-Tags require that, prior to scheduling
transactions, one of the market participants involved in a transaction
must submit certain transaction-specific information, such as the
source and sink control areas (now referred to as Balancing Authority
Areas) and control areas along the contract path, as well as the
transaction's level of priority and transmission reservation Open
Access Same-Time Information System reference numbers, to control area
operators and transmission operators on the contract path.\11\
---------------------------------------------------------------------------
\10\ Open-Access Same-Time Information System and Standards of
Conduct, 90 FERC ] 61,070, at 61,258-59 (2000) (Order Denying Cease
and Desist Order).
\11\ Id.
---------------------------------------------------------------------------
12. Communication, submission, assessment, and approval of an e-Tag
must be completed before the interchange transaction is
implemented.\12\ The Interchange Scheduling and Coordination (INT)
group of Reliability Standards sets forth requirements for implementing
interchange transactions through e-Tags. E-Tags are submitted pursuant
to the business practices set forth by NAESB.
[[Page 23518]]
Those business practices set forth the requirements for a proper e-Tag
to permit an Interchange Authority to accept and process the e-Tag.
NERC collects all e-Tags in near real-time that are used in the
congestion management tools to identify which transaction tags must be
curtailed to mitigate the overload when transmission constraints occur.
---------------------------------------------------------------------------
\12\ See Mandatory Reliability Standards, Order No. 693, FERC
Stats. & Regs. ] 31,242 at P 795, order on reh'g, Order No. 693-A,
120 FERC 61,053 (2007); see also Revised Mandatory Reliability
Standards for Interchange Scheduling, Coordination, Order No. 730 at
P 7 & n.19. E-Tags are implemented through the requirements set
forth in the NAESB Electronic Tagging Functional Specifications,
Version 1.8.1 (Oct. 27, 2009).
---------------------------------------------------------------------------
13. Two early cases addressed the issue of whether public utilities
would need to comply with NERC's e-Tag requirements as a precondition
to making wholesale power sales.\13\ In Coalition Against Private
Tariffs, 83 FERC ] 61,015, reh'g denied, 84 FERC ] 61,050 (1998), the
Commission dismissed a motion requesting it to order public utilities
to cease and desist from requiring compliance with NERC's tagging plan
as a condition to scheduling transactions.\14\ In addition, the
Commission found that ``the information required to be submitted by the
NERC tagging plan is consistent with the information already required
to be submitted under a Transmission Provider's compliance tariff,''
\15\ so that the tagging plan did not require a change to terms and
conditions of OATTs on file with the Commission.
---------------------------------------------------------------------------
\13\ We note, however, that the use of e-Tags is not limited to
transactions involving public utilities.
\14\ 83 FERC at 61,039.
\15\ 84 FERC at 61,235.
---------------------------------------------------------------------------
14. In another early order involving e-Tags,\16\ the Commission
denied a motion for a cease and desist order and found that the e-Tag
system has generally improved the reliability and efficiency of the
transmission system and facilitates the access of system transmission
operators to critical information that can be used to analyze ``the way
in which a particular transaction may impact transmission system
stability''.\17\ Moreover, the Commission found that the e-Tag system
is an important element of Next Hour Market Service.\18\
---------------------------------------------------------------------------
\16\ Open Access Same-Time Information Systems and Standards of
Conduct, 90 FERC ] 61,070, at 61,260-62 (2000) (Order Denying Cease
and Desist Order).
\17\ Id., 90 FERC at 61,262.
\18\ Id.
---------------------------------------------------------------------------
15. We believe that obtaining access to complete e-Tag data will
help the Commission to detect anti-competitive or manipulative behavior
or ineffective market rules, monitor the efficiency of the markets, and
better inform Commission policies and decision-making. Thus, the
Commission proposes to require the ERO to provide access to complete e-
Tag data on a non-public basis to Commission staff. For example, by
using e-Tag data, in coordination with other resources,\19\ the
Commission will be able to better identify interchange schedules that
appear anomalous or inconsistent with rational economic behavior. In
this regard, access to e-Tag data would allow the Commission's staff to
examine more effectively situations where interchange schedules are
absent even when transmission capacity is available and pricing
differences between the two locations ought to be sufficient to
encourage transactions between those locations. Such a circumstance
could signal a market issue or other problem. In addition, Commission
access to e-Tags would help facilitate Commission audits or
investigations in cases where e-Tags are relevant.
---------------------------------------------------------------------------
\19\ For instance, in Docket No. RM10-12-000, the Commission is
issuing a NOPR concurrently with this NOPR, whereby the Commission
proposes that e-Tag IDs be included in the transaction details
reported in Electric Quarterly Reports.
---------------------------------------------------------------------------
16. In light of the various Commission uses for e-Tag data, we
propose to locate this requirement within Sec. 366.2 of our
regulations, which governs Commission access to books and records.
Thus, we propose to revise Sec. 366.2 of our regulations to
redesignate the current paragraph (d) as paragraph (e), and to add a
new paragraph (d) establishing a formal requirement for the ERO to make
this information available on an ongoing basis to the Commission's
Staff. By establishing this requirement as part of Sec. 366.2, it is
clear that, under the newly designated paragraph (e), the information
would be kept confidential and would not be made publicly available,
except as directed by the Commission, or a court with appropriate
jurisdiction.\20\
---------------------------------------------------------------------------
\20\ In a NOPR on Electricity Market Transparency Provisions of
Section 220 of the Federal Power Act, in Docket No. RM10-12-000,
being issued concurrently with this NOPR, the Commission proposes to
require individual market participants to file, if applicable, e-Tag
IDs as part of their publicly-available Electric Quarterly Report
(EQR). An e-Tag ID is a subset of the information in a complete e-
Tag that contains information about the source Balancing Authority
in which the generation is located; a unique transaction identifier
assigned by the e-Tag system when transmission service to
accommodate the transaction is reserved; and the sink Balancing
Authority in which the load is located. The Commission believes that
the information contained in e-Tag IDs is not privileged or
confidential.
Unlike the public availability of e-Tag ``ID'' information
proposed in Docket No. RM10-12-000, in the instant proceeding in
Docket No. RM11-12-000, the Commission is proposing to keep all
other (``non-ID'') e-Tag data non-public. We note that persons could
file a request to obtain such data through a request under the
Freedom of Information Act (FOIA). The Commission, however, is of
the view that these data would be covered by exemption 4 of FOIA,
which protects ``trade secrets and commercial or financial
information obtained from a person [that is] privileged or
confidential.'' 5 U.S.C. 552(b)(4) (2006), amended by OPEN
Government Act of 2007, Public Law 110-175, 121 Stat. 2524.
Accordingly, these data would not be obtainable under the FOIA in
that circumstance.
---------------------------------------------------------------------------
17. Currently, the access of market monitoring units (MMUs) for
RTOs and ISOs to e-Tag data is often limited to schedules with contract
paths in the market that the MMU is tasked with monitoring.\21\
Allowing MMUs access to complete e-Tag data may improve their ability
to monitor loop flows and their corresponding market impacts.
---------------------------------------------------------------------------
\21\ See Electronic Tagging Functional Specifications, Version
1.8.1 (Oct. 27, 2009), Joint Electric Scheduling Subcommittee, North
American Energy Standards Board--Wholesale Electric Quadrant, at 9,
23, and 64.
---------------------------------------------------------------------------
18. Accordingly, the Commission invites comment on whether this
information should be made available to MMUs. If so, should the data be
provided to MMUs on a real-time basis? The Commission also invites
comment on whether making the data available to MMUs would raise
confidentiality issues or require specific confidentiality provisions.
For example, should such entities sign a confidentiality agreement in
order to access the information? In addition, the Commission invites
comment on what would be the benefit(s) or drawback(s) to the
Commission obtaining this information from individual market
participants rather than NERC.
III. Information Collection Statement
19. The following collection of information contained in this
proposed rule is being submitted to the Office of Management and Budget
(OMB) for review under section 3507(d) of the Paperwork Reduction Act
of 1995, 44 U.S.C. 3507(d). The Commission solicits comments on the
Commission's need for this information, whether the information will
have practical utility, the accuracy of the provided burden estimate,
ways to enhance the quality, utility, and clarity of the information to
be collected, and any suggested methods for minimizing respondents'
burden, including the use of automated information techniques.
Respondents subject to the filing requirements of this rule will not be
penalized for failing to respond to this collection of information
unless the collections of information display a valid OMB Control
number.
20. The proposed rule makes information available to Commission
staff, but does not require, as part of the proposals in this NOPR,
that NERC collect any new information, repackage the information into
any kind of report, or make any computations or adjustments to the raw
information. This being the case, the Commission estimates that the
reporting burden
[[Page 23519]]
associated with compliance with this proposed rule is de minimis, and
is limited to reviewing the Commission ruling and providing permission
for staff to access the information.
----------------------------------------------------------------------------------------------------------------
Number of Number of
Data collection FERC-740 respondents responses per Hours per Total annual
annually respondent response burden hours
(1) (2) (3) (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
NERC................................ 1 1 7 7
----------------------------------------------------------------------------------------------------------------
Total Annual Hours for Collection
Reporting = 7 hours.
Information Collection Costs: The Commission seeks comments on the
costs to comply with these requirements. It has projected the average
annualized cost to be the following:
Total Annualized Cost = $840 (7 hours @ $120/hr \22\).
---------------------------------------------------------------------------
\22\ This is a composite figure taking into account legal ($200/
hr) and technical ($40/hr) staff.
---------------------------------------------------------------------------
21. OMB regulations \23\ require OMB to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this proposed rule to OMB. These information
collections are mandatory requirements.
---------------------------------------------------------------------------
\23\ 5 CFR 1320.11.
---------------------------------------------------------------------------
Title: (Proposed) FERC-740, Availability of e-Tag Information to
Commission Staff.
Action: Proposed collection.
OMB Control No.: To be determined.
Respondent: NERC.
Frequency of Responses: On occasion.
Necessity of the Information: This proposed rule, if implemented,
would aid the Commission in market monitoring and preventing market
manipulation, in assuring just and reasonable rates, and in monitoring
compliance with certain business practice standards adopted by NAESB
and incorporated by reference by the Commission.
22. The information collection requirements of this proposed rule
are based on NERC reviewing the documents in this proceeding and
providing permission for Commission staff to access to the complete e-
Tag data reported to NERC.
23. Internal Review: The Commission has made a preliminary
determination that the proposed revisions are necessary to assure
compliance with Commission-incorporated business practice standards, to
monitor market transactions to determine if entities are engaged in
market manipulation, and to assure just and reasonable rates. The
Commission has assured itself, by means of its internal review, that
there is specific, objective support for the burden estimate associated
with the information requirements.
24. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, Attn: Ellen Brown, Information Collection Officer, 888
First Street, NE., Washington, DC 20426. E-mail:
DataClearance@ferc.gov. Phone: (202) 502-8663, fax: (202) 273-0873.
25. Comments concerning the information collections proposed in
this NOPR and the associated burden estimates, should be sent to the
Commission in this docket and may also be sent to the Office of
Management and Budget, Office of Information and Regulatory Affairs,
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 the following e-mail address: oira_submission@omb.eop.gov. Please reference FERC-740 and Docket No. RM11-
12-000 in your submission.
IV. Environmental Analysis
26. 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.\24\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\25\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of electric power that requires no construction of
facilities.\26\ Therefore, an environmental assessment is unnecessary
and has not been prepared in this NOPR.
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\24\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles ] 30,783 (1987).
\25\ 18 CFR 380.4.
\26\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
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V. Regulatory Flexibility Act Certification
27. The Regulatory Flexibility Act of 1980 (RFA) \27\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
Section 601(3) of the RFA defines a ``small business'' as having the
same meaning as ``small business concern'' under section 3 of the Small
Business Act. This term includes any firm that is ``independently owned
and operated'' and is ``not dominant in its field of operation.'' The
regulations proposed here impose requirements only on NERC,\28\ which,
as the single ERO for the United States, is not a small business.\29\
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\27\ 5 U.S.C. 601-612.
\28\ According to the NERC Web site, https://www.nerc.com (under
fast facts), (last visited on March 23, 2011), NERC is ``an
international, independent, not-for-profit organization, whose
mission is to ensure the reliability of the bulk power system in
North America.'' The Web site also states that ``NERC oversees
reliability for a bulk power system that:
\29\ 15 U.S.C. 632. The Small Business Administration has
developed size standards to carry out the purposes of the Small
Business Act and those size standards can be found in 13 CFR
121.201. A firm is small if, including its affiliates, it is
primarily engaged in the generation, transmission, and/or
distribution of electric energy for sale and its total electric
output for the preceding fiscal year did not exceed 4 million
megawatt hours.
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Provides electricity to 334 million people
Has a total electricity demand of 830 gigawatts (830,000
megawatts)
Has 211,000 miles or 340,000 km of high-voltage
transmission line (230,000 volts and greater)
Represents more than $1 trillion (U.S.) worth of assets.''
We also note that, in North American Electric Reliability
Corporation, 133 FERC ] 61,062, at P 15, 19 (2010), the Commission
conditionally approved NERC's 2011 budget, which exceeds $53 million.
28. The Commission has followed the provisions of the RFA
concerning potential impact on small business and
[[Page 23520]]
other small entities. As this rulemaking, if implemented, would impose
no burden on small entities, the Commission hereby certifies, pursuant
to section 605(b) of the RFA,\30\ that the regulations proposed herein
will not have a significant economic impact on a substantial number of
small entities.
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\30\ 5 U.S.C. 605(b).
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VI. Comment Procedures
29. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due June 27, 2011. Comments must refer to
Docket No. RM11-12-000, and must include the commenter's name, the
organization they represent, if applicable, and their address.
30. The Commission encourages commenters to file electronically via
the eFiling link on the Commission's Web site at https://www.ferc.gov.
The Commission accepts most standard word processing formats and
commenters may attach additional files with supporting information in
certain other file formats. Commenters filing electronically do not
need to make a paper filing.
31. Commenters unable to file comments electronically must mail or
hand deliver an original copys of their comments to: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street,
NE., Washington, DC, 20426. These requirements can be found on the
Commission's Web site, see, e.g., the ``Quick Reference Guide for Paper
Submissions,'' available at https://www.ferc.gov/docs-filing/efiling.asp
or via phone from FERC Online Support at (202) 502-6652 or toll-free at
1-866-208-3676.
32. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VII. Document Availability
33. 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.
34. From FERC's Home Page on the Internet, this information is
available in the eLibrary. The full text of this document is available
in the eLibrary both 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.
35. User assistance is available for eLibrary and the FERC's Web
site during our normal business hours. For assistance contact FERC
Online Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-
3676, or for TTY, contact (202) 502-8659.
List of Subjects in 18 CFR Part 366
Electric power, and Reporting and recordkeeping requirements.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission proposes to
revise Chapter I, Title 18, part 366 of the Code of Federal
Regulations, as follows:
PART 366--BOOKS AND RECORDS
1. The authority citation for part 366 continues to read as
follows:
Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42
U.S.C. 16451-16463.
2. In Sec. 366.2, redesignate paragraph (d) as paragraph (e) and
add a new paragraph (d) to read as follows:
Sec. 366.2 Commission access to books and records.
* * * * *
(d) Electric Reliability Organization. The Electric Reliability
Organization certified by the Commission under Sec. 39.3 of this
chapter will make available to Commission staff, on an ongoing basis,
access to the complete electronic tags (e-Tags), or any successor to e-
Tags, used to schedule the transmission of electric power in wholesale
markets. The complete e-Tag data to be made available under this
section shall consist of e-Tags for interchange transactions scheduled
to flow into, out of or within the United States' portion of the
Eastern or Western Interconnections, or into or out of the Electric
Reliability Council of Texas and into or out of the United States'
portion of the Eastern or Western Interconnections.
* * * * *
[FR Doc. 2011-10119 Filed 4-26-11; 8:45 am]
BILLING CODE 6717-01-P
