North American Electric Reliability Corporation; Order Approving Reliability Standard, 36305-36310 [2014-14938]
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices
Filed Date: 6/17/14.
Accession Number: 20140617–5118.
Comments Due: 5 p.m. ET 6/30/14.
Any person desiring to protest in any
of the above proceedings must file in
accordance with Rule 211 of the
Commission’s Regulations (18 CFR
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time on the specified comment date.
The filings are accessible in the
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eFiling is encouraged. More detailed
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docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: June 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
clicking on the links or querying the
docket number.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
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can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: June 16, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014–14983 Filed 6–25–14; 8:45 am]
BILLING CODE 6717–01–P
[FR Doc. 2014–14984 Filed 6–25–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Federal Energy Regulatory
Commission
[Docket No. RD14–7–000]
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
North American Electric Reliability
Corporation; Order Approving
Reliability Standard
tkelley on DSK3SPTVN1PROD with NOTICES
Filings Instituting Proceedings
Before Commissioners: Cheryl A. LaFleur,
Acting Chairman; Philip D. Moeller, John
R. Norris, and Tony Clark.
Docket Numbers: RP14–1046–000.
Applicants: Texas Gas Transmission,
LLC.
Description: Superceding Neg Rate
Agmt (Macquarie 26833) to be effective
6/13/2014.
Filed Date: 6/13/14.
Accession Number: 20140613–5054.
Comments Due: 5 p.m. ET 6/25/14.
Docket Numbers: RP14–1047–000.
Applicants: American Midstream
(Midla), LLC.
Description: Midla Revision to Tariff
Record 25 to be effective 8/1/2014.
Filed Date: 6/13/14.
Accession Number: 20140613–5105.
Comments Due: 5 p.m. ET 6/25/14.
Docket Numbers: RP14–1048–000.
Applicants: Tallgrass Interstate Gas
Transmission, L.
Description: Neg Rate 2014–06–06
Atmos A&R NRA to be effective 6/14/
2014.
Filed Date: 6/13/14.
Accession Number: 20140613–5178.
Comments Due: 5 p.m. ET 6/25/14.
The filings are accessible in the
Commission’s eLibrary system by
1. On March 7, 2014, the North
American Electric Reliability
Corporation (NERC) submitted a
petition for approval of proposed
Reliability Standard PER–005–2
(Operations Personnel Training) and
retirement of currently-effective
Reliability Standard PER–005–1
(Systems Personnel Training).
Reliability Standard PER–005–2 is
designed to ensure that personnel
performing or supporting real-time
operations on the Bulk-Power System
are trained using a systematic approach,
and expands the scope of NERC’s
currently-effective training Reliability
Standard to include certain personnel of
transmission owners and generator
operators, as well as operations support
personnel as defined in a proposed new
term for the NERC Glossary of Terms
Used in Reliability Standards (NERC
Glossary or Glossary). In addition, the
proposed Reliability Standard includes
new implementation period
requirements for entities that become
subject to the obligation to provide
emergency operations training using
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36305
simulation technology. NERC requests
that the proposed standard become
effective the first day of the first
calendar quarter 24 months beyond the
date the standard is approved.
2. As explained below, pursuant to
section 215(d) of the Federal Power Act
(FPA),1 we approve Reliability Standard
PER–005–2, and find that it is just,
reasonable, not unduly discriminatory
or preferential, and in the public
interest. We also approve NERC’s
proposed implementation plan for the
revised standard, including the
retirement of currently-effective
Reliability Standard PER–005–1, and
the proposed violation risk factors and
violation severity levels. Finally, we
approve the new Glossary term
‘‘Operations Support Personnel’’ and
proposed changes to the Glossary term
‘‘System Operator’’ as described in
NERC’s petition.
I. Background
3. The Commission certified NERC as
the Electric Reliability Organization
(ERO), as defined in section 215 of the
FPA, in July 2006.2 On March 16, 2007,
the Commission issued Order No. 693,
approving 83 of the 107 initial
Reliability Standards filed by NERC,3
including four PER Reliability
Standards governing certain areas of
personnel staffing and training.4
4. In addition, under section 215(d)(5)
of the FPA, the Commission directed
NERC to develop several modifications
to the approved PER standards.
Specifically, the Commission directed
NERC to develop revised or additional
standards that would: (1) Identify the
expectations of the training for each job
function; (2) develop training programs
tailored to each job function with
consideration of the individual training
needs of the personnel; (3) expand the
applicability of the training
requirements to include: reliability
coordinators, local transmission control
center operator personnel, generator
operators centrally-located at a
generation control center with a direct
impact on the reliable operation of the
Bulk-Power System, and operations
planning and operations support staff
who carry out outage planning and
assessments and those who develop
1 16
U.S.C. 824o(d) (2012).
American Electric Reliability Corp., 116
FERC ¶ 61,062, order on reh’g and compliance, 117
FERC ¶ 61,126 (2006), order on compliance, 118
FERC ¶ 61,190, order on reh’g 119 FERC ¶ 61,046
(2007), aff’d sub nom. Alcoa Inc. v. FERC, 564 F.3d
1342 (D.C. Cir. 2009).
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 See id. PP 1324–1417.
2 North
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system operating limits (SOL),
interconnection reliability operating
limits (IROL), or operating nomograms
for real-time operations; (4) use a
systematic approach to training
methodology for developing new
training programs; and (5) include the
use of simulators by reliability
coordinators, transmission operators,
and balancing authorities that have
operational control over a significant
portion of load and generation.5
5. In addition, the Commission
directed NERC to determine whether it
is feasible to develop meaningful
performance metrics associated with the
effectiveness of a training program
required by then-effective Reliability
Standard PER–002–0 and to consider
whether personnel who support Energy
Management System (EMS) applications
should be included in mandatory
training pursuant to the Reliability
Standard.6
6. NERC addressed a portion of the
Order No. 693 directives in a September
30, 2009 filing, in which it submitted a
new proposed standard PER–005–1
(System Personnel Training) along with
a revised Reliability Standard, PER–
004–2 (Reliability Coordination—
Staffing). The Commission approved
these proposed Reliability Standards in
Order No. 742, finding that the new and
revised standards would enhance the
reliability of the Bulk-Power System.7
However, the Commission noted that
the standards did not fully satisfy the
directives issued in Order No. 693,8 and
issued additional directives pursuant to
FPA section 215(d)(5), requiring NERC
to: (1) Consider the necessity of
developing an implementation plan for
entities that become subject to the
requirement to provide emergency
operations training using simulation
technology in PER–005–1, Requirement
R3.1, and (2) develop a Reliability
Standard establishing training
5 Id.
P 1393.
P 1394.
7 System Personnel Training Reliability
Standards, Order No. 742, 133 FERC ¶ 61,159, at
P 16 (2010); order on clarification, 134 FERC ¶ 61,
078 (2011).
8 Specifically, the Commission noted that NERC
had not yet addressed the Order No. 693 directives
to (1) expand the applicability of the standard to
include certain generator operators centrallylocated at a generation control center; (2) expand
the standard to include operations planning and
operations support staff who carry out outage
planning and assessments and those who develop
SOLs and IROLs; and (3) consider whether
personnel supporting Emergency Management
System (EMS) applications should be included in
mandatory operator personnel training
requirements. See Order No. 742, 133 FERC ¶
61,159 at P 74.
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6 Id.
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requirements for local transmission
control center personnel.
II. Proposed Reliability Standard PER–
005–2 and NERC’s Petition
7. On March 7, 2014, NERC filed a
petition seeking approval of proposed
PER–005–2, explaining that the purpose
of the revisions is to ‘‘improve upon
PER–005–1 by expanding the scope of
the Reliability Standard’’ consistent
with the Commission’s directives in
Order Nos. 693 and 742.9 NERC also
seeks approval of the associated
violation risk factors and violation
severity levels, the proposed NERC
Glossary definitions for the terms
‘‘System Operator’’ and ‘‘Operations
Support Personnel,’’ and the proposed
implementation plan for PER–005–2,
including the retirement of currentlyeffective Reliability Standard PER–005–
1 when PER–005–2 goes into effect.
8. The revised standard contains six
requirements. Requirement R1 requires
reliability coordinators, balancing
authorities, and transmission operators
to use a systematic approach to
developing and implementing a training
program for system operators, including
development of specific task lists and an
annual evaluation of the training
program. Requirement R2 requires
transmission owners to use a systematic
approach to developing and
implementing a training program for
system operators, including
development of specific task lists and an
annual evaluation of the training
program. Pursuant to the applicability
section of the standard, this requirement
would apply only to ‘‘[p]ersonnel,
excluding field switching personnel,
who can act independently to operate or
direct the operation of the Transmission
Owner’s Bulk Electric System
transmission Facilities in Real-time.’’ 10
9. Requirement R3 requires reliability
coordinators, balancing authorities,
transmission operators and transmission
owners to verify the capabilities of their
personnel as identified in Requirements
R1 or R2. Requirement R4 requires
reliability coordinators, balancing
authorities, transmission operators and
transmission owners to provide those
personnel identified in Requirement R1
or R2 with emergency operations
training using simulation technology to
the extent that the entity has (1)
9 NERC Petition at 3. Proposed Reliability
Standard PER–005–2 is not attached to this order.
The complete text of the proposed Reliability
Standard is available on the Commission’s eLibrary
document retrieval system in Docket No. RD14–7–
000, and is posted on NERC’s Web site, available
at: https://www.nerc.com.
10 Reliability Standard PER–005–2, Section
4.1.4.1.
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operational authority or control over
facilities with established IROLs, or (2)
established protection systems or
operating guides to mitigate IROL
violations.
10. Requirement R5 requires
reliability coordinators, balancing
authorities, and transmission operators
to use a systematic approach to develop
and implement training for their
operations support personnel, providing
training on how their job functions
impact the real-time reliability-related
tasks identified in Requirement R1.
Requirement R6 requires applicable
generator operators to use a systematic
approach to develop and implement
training for certain of their dispatch
personnel at a centrally located dispatch
center (as defined in Applicability
Section 4.1.5) on how their job
functions impact the reliable operations
of the BES.11
11. NERC maintains in its petition
that PER–005–2 addresses all
outstanding directives related to its
personnel training requirements from
Order Nos. 693 and 742. Specifically,
NERC notes that it has expanded the
scope of PER–005 to include training
requirements for local transmission
control center operator personnel; for
operations support personnel who
perform current day or next day outage
coordination or assessments, or who
determine SOLs or IROLs or operating
nomograms in support of real-time
operations; and for certain generator
dispatch personnel at centrally located
dispatch centers.12
12. NERC also maintains that the
proposed Reliability Standard addresses
the Commission’s directive in Order No.
742 to develop an implementation
period for those entities that may
become subject to the requirement to
provide emergency operations training
using simulation technology, as Part 4.1
of Requirement R4 provides for a 12
month implementation period for
newly-applicable entities.13 Finally,
NERC explains that it has addressed the
Commission’s outstanding directive to
consider whether the standard should
include personnel who support EMS
applications, through the standard
drafting team’s consideration of a May
2013 report provided by the NERC
Operating Committee’s Event Analysis
Subcommittee. NERC states that the
Event Analysis Subcommittee found
only two events (as of May 2013) that
involved the loss of EMS or Supervisory
11 NERC proposes to assign a violation risk factor
of Medium to each Requirement except
Requirement R3, which is assigned a violation risk
factor of High.
12 NERC Petition at 3.
13 Id. at 4, 27.
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Control and Data Acquisition
applications, as well as a lack of
training. Based on those findings the
Event Analysis Subcommittee
‘‘concluded that while EMS support
personnel should receive training, the
evidence does not support a need for
such personnel to be trained under
Reliability Standard PER–005.’’ 14
13. NERC also maintains that the
proposed standard improves on the
currently-effective standard by
‘‘clarifying language in certain
requirements and eliminating redundant
or unnecessary requirements.’’ 15 As one
example, NERC notes that PER–005–2
does not retain the obligation to provide
system operators with at least 32 hours
of emergency operations training every
12 months. Instead, NERC maintains
that ‘‘mandating a minimum amount of
emergency operations training,
irrespective of the entity’s unique
characteristics or reliability risk to the
Bulk-Power System, is unnecessary and
inconsistent with the Commissionapproved requirement to use a
systematic approach to training
methodology.’’ 16
14. In addition to proposing certain
clarifying changes to the currentlyeffective Glossary term System
Operator,17 NERC asks that the
Commission approve its proposed
definition for a new term, Operations
Support Personal, to be defined as
‘‘[i]ndividuals who perform current day
or next day outage coordination or
assessments, or who determine SOLs,
IROLs, or operating nomograms, in
direct support of Real-time operations of
the Bulk Electric System.’’ 18 NERC
explains that this proposed definition
mirrors the Commission’s directive to
include training requirements for ‘‘those
[individuals] who carry out outage
coordination and assessments in
accordance with Reliability Standards
IRO–004–1 and TOP–002–2, and those
who determine SOLs and IROLs or
operating nomograms in accordance
with Reliability Standards IRO–005–1
and TOP–004–0.’’ 19
15. Finally, NERC asks that PER–005–
2 and associated Glossary terms become
effective on the first day of the first
calendar quarter 24 months after
14 Id.
at 32.
at 5.
16 Id. at 29.
17 Among other things, NERC proposes to
eliminate the reference to generator operators from
the definition of system operator, noting that ‘‘[n]o
reliability standard uses the NERC Glossary term
‘System Operator’ to refer to Generator Operator
personnel.’’ Id. at 36.
18 Id. at 30.
19 Id. (quoting Order No. 693, FERC Stats. & Regs.
¶ 31,242 at P 1372 and Order No. 742, 133 FERC
¶ 61,159 at P 82).
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15 Id.
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Commission approval. NERC maintains
that this implementation period is
appropriate because certain functional
entities are becoming subject to the
standard for the first time, and because
it is consistent with the implementation
period provided for reliability
coordinators, balancing authorities and
transmission operators under PER–005–
1.20
III. Notice of Filing, Interventions and
Comments
16. Notice of NERC’s petition was
issued on March 12, 2014, with
comments, protests and motions to
intervene due on or before April 11,
2014. Two sets of comments were
received. A Joint Motion to Intervene
and Comments (ISO/RTO Joint
Comments) was timely filed by the
California Independent System Operator
Corporation, Electric Reliability Council
of Texas, Inc., Independent Electricity
System Operator, ISO New England,
Inc., Midcontinent Independent System
Operator, Inc., New York Independent
System Operator, Inc. and Southwest
Power Pool, Inc. (the ISO/RTO
Commenters). On April 17, 2014, PJM
Interconnection, L.L.C. (PJM) filed a
Motion to Intervene and Comment Outof-Time.
17. The ISO/RTO Commenters
support approval of PER–005–2,
because it reasonably identifies
individuals who may affect real-time
system operations/reliability, sets out a
reasonable scope for the training
obligations, requires applicable entities
to verify initial capabilities of their
personnel, requires some form of
simulation-based training for personnel
involved with the operation of facilities
that either have an IROL or are used to
mitigate an IROL (without dictating the
specific type of simulation training),
and properly excludes personnel who
support EMS applications. While the
ISO/RTO Commenters maintain that the
proposed standard ‘‘encompasses
discretion on the part of the functional
entities to ‘identif[y]’ which personnel
fall within the definition of Operations
Support Personnel,’’ they also ask the
Commission to ‘‘confirm that functional
entities have the discretion to make that
identification.’’ 21
18. While PJM does not ask the
Commission to reject the proposed
standard, it criticizes PER–005–2 as ‘‘an
unnecessary and a potentially
ineffective means to address an
otherwise straightforward requirement;
namely to train appropriate
20 Id.
at 36–37.
Joint Comments at 5.
21 ISO/RTO
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36307
personnel.’’ 22 PJM maintains that
program accreditation ‘‘would be a more
appropriate means to address training
requirements for the industry as
opposed to a prescriptive, broad-brush
Reliability Standard.’’ 23 PJM explains
that an accreditation model ‘‘would
place the emphasis on the training
program itself, and associated controls,’’
rather than on ‘‘applicable individuals,
their personal training and performance
records, individual pieces of training
content, and other administrative
documentation.’’ 24 PJM accordingly
asks the Commission to clarify that ‘‘an
industry-accreditation program (with
parameters overseen by FERC) can
provide an acceptable means for
compliance with the PER Standard and
is not precluded as an alternative means
of compliance with those
requirements.’’ 25
19. Like the Joint ISO/RTO
Commenters, PJM notes its concern that
there is no standardized job description
for operations support personnel, and
seeks clarification that responsible
entities will be allowed to use
reasonable discretion to identify
operations support personnel subject to
the standard’s requirements.
IV. Discussion
A. Procedural Matters
20. Pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214, the timely,
unopposed motion to intervene filed by
the ISO/RTO Commenters serves to
make them parties to this proceeding.
Pursuant to Rule 214(d) of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214(d), we will
also grant PJM’s late-filed motion to
intervene given its interest in the
proceeding, the early stage of the
proceeding, and the absence of undue
prejudice or delay.
B. Commission Determination
21. Pursuant to section 215(d) of the
FPA, we approve Reliability Standard
PER–005–2 as just, reasonable, not
unduly discriminatory or preferential,
and in the public interest.26 We also
approve NERC’s proposed
implementation plan for the revised
standard, including the retirement of
currently-effective Reliability Standard
PER–005–1, and the proposed violation
risk factors and violation severity levels.
Finally, we approve the new Glossary
term ‘‘Operations Support Personnel’’
22 PJM
Comments at 1.
at 3.
24 Id. at 3–4.
25 Id. at 2.
26 16 U.S.C. 824o(d)(2).
23 Id.
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and the proposed changes to the
Glossary term ‘‘System Operator’’ as
described in NERC’s petition.
22. We find that PER–005–2 enhances
the reliability of the Bulk-Power System
by expanding the scope of NERC’s
currently-effective personnel training
requirements to include additional
personnel who perform or support real
time operations on the Bulk-Power
System and who therefore could have a
direct impact on the reliability of the
Bulk-Power System.
23. In addition, we find that PER–
005–2 satisfies several outstanding
Commission directives related to
personnel training, by: (1) Requiring the
systematic development and
implementation of training programs for
local transmission control center
operator personnel of a transmission
owner, including emergency operations
training; (2) requiring systematic
development and implementation of
training for operations support
personnel who can impact the reliable
operation of the Bulk-Power System;
and (3) requiring systematic
development and implementation of
training for generator owners’ dispatch
personnel at centrally located dispatch
centers.
24. Further, we find that PER–005–2
includes a reasonable implementation
period for entities that may become
subject to the standard’s requirement to
provide emergency operations training
using some form of simulation
technology. Finally, we find that NERC
has adequately considered whether EMS
support personnel should be subject to
mandatory training requirements under
PER–005 or another appropriate
standard. However, we note that the
standard drafting team’s decision to
exclude EMS personnel is based on
event analyses as of May 2013, and that
NERC should reassess this issue if
future event analyses do not support
this exclusion.27
25. Joint ISO/RTO Commenters and
PJM request that we ‘‘confirm’’ that
applicable entities can exercise
‘‘reasonable discretion’’ to identify the
employees that fit within NERC’s
definition of Operations Support
Personnel.28 Joint ISO/RTO commenters
suggest that the discretion to identify
the appropriate personnel is
encompassed by the language of
27 See Petition at 19, 31–32 (while the standard
drafting team determined that there was
‘‘insufficient evidence at this time to warrant an
extension of the mandatory training requirements to
personnel that support EMS application,’’ NERC
states that it ‘‘will continue to assess the need for
mandatory training of these personnel.’’).
28 PJM Comments at 5, Joint ISO/RTO
Commenters at 4–5.
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Requirement R5, which provides that
each applicable entity ‘‘shall use a
system approach to develop and
implement training for its identified
Operations Support Personnel’’ 29
NERC’s definition of Operations
Support Personnel, which we approve
in this order, provides:
Individuals who perform current day or
next day outage coordination or assessments,
or who determine SOLs, IROLs, or operating
nomograms, in direct support of Real-time
operations of the Bulk Electric System.
Thus, the NERC definition of
Operations Support Personnel sets forth
the parameters of which employees
must be trained pursuant to
Requirement R5. We agree that
applicable entities should exercise
reasonable discretion in determining
which of their employees fit within that
definition. If an issue or uncertainty
arises regarding the proper
identification of employees, an
applicable entity may seek to consult
with the relevant Regional Entity or
NERC.
26. Finally, with respect to PJM’s
request to ‘‘clarify that an industryaccreditation program . . . can provide
an acceptable means for compliance
with the PER Standard,’’ 30 we note that,
at present, an accreditation-based
training program is not precluded ‘‘as an
alternative means of compliance’’ if it
otherwise meets all of the requirements
of PER–005–2. If PJM would like to
pursue accreditation-based training
programs that take a fundamentally
different approach to training as an
alternative to PER–005–2 (i.e., the
programs would not satisfy the
requirements of PER–005–2), that
approach would require revision of
PER–005–2 and/or development of a
new standard governing such alternative
programs, and a demonstration that
such an approach meets FPA section
215’s requirements for proposed
standards.
27. Accordingly, we approve
Reliability Standard PER–005–2
pursuant to FPA section 215(d)(2), as we
find that it is just, reasonable, not
unduly discriminatory or preferential,
and in the public interest. We also
approve NERC’s proposed
implementation plan for the revised
standard, including the retirement of
currently-effective Reliability Standard
PER–005–1, and the proposed violation
risk factors and violation severity levels.
Finally, we approve the new Glossary
term ‘‘Operations Support Personnel’’
and the proposed changes to the
29 Reliability Standard PER–005–2, R5 (emphasis
added).
30 PJM Comments at 2.
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Glossary term ‘‘System Operator’’ as
described in NERC’s petition.
V. Information Collection Statement
28. The collection of information
contained in this order is subject to
review by the Office of Management and
Budget (OMB) under section 3507(d) of
the Paperwork Reduction Act of 1995.31
OMB’s regulations require approval of
certain information collection
requirements imposed by agency
rules.32 Upon approval of a collection(s)
of information, OMB will assign an
OMB control number and an expiration
date. Respondents subject to the filing
requirements will not be penalized for
failing to respond to this collection of
information unless the collection of
information displays a valid OMB
control number.
29. This order is effective
immediately; however, the revised
information collection requirements
will not be effective or enforceable until
OMB approves the information
collection changes described in this
order. Comments are solicited on the
need for this information, whether the
information will have practical utility,
the accuracy of the burden estimates,
ways to enhance the quality, utility, and
clarity of the information to be collected
or retained, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques. Specifically,
the Commission asks that any revised
burden or cost estimates submitted by
commenters be supported by sufficient
detail to understand how the estimates
are generated. Comments regarding this
proposed information collection must
be received on or before August 25,
2014.
30. Through issuance of this order,
the Commission is approving Reliability
Standard PER–005–2, and the
retirement of Reliability Standard PER–
005–1 when PER–005–2 goes into effect.
Reliability Standard PER–005–2 will
ensure that personnel performing or
supporting real-time operations on the
Bulk Electric System are trained using a
systematic approach.
31. Public Reporting Burden:
Proposed Reliability Standard PER–
005–2 does not require responsible
entities to file information with the
Commission. However, the Reliability
Standard requires applicable entities to
develop and maintain certain
information, subject to audit. In
particular, reliability coordinators,
balancing authorities, transmission
operators, transmission owners and
31 44
32 5
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CFR 1320.11 (2013).
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices
generator operators, must ‘‘have
evidence’’ to show use of a systematic
approach to develop and implement a
training program for their system
operators, for certain operations support
personnel, for certain personnel in
centrally located dispatch centers, and
for certain local transmission control
center personnel. Reliability Standard
PER–005–2 does not create entirely new
obligations with respect to the
development, implementation, and
maintenance of records related to
training programs, but expands the
scope of entities and personnel that may
be subject to the standard’s
requirements. The burden estimate
below accounts only for the increase in
burden due to the expanded scope of
PER–005–2.
32. Our estimate below regarding the
number of respondents is based on the
NERC compliance registry as of April
30, 2014. According to the NERC
compliance registry, NERC has
registered 15 reliability coordinators,
107 balancing authorities, 182
transmission operators, 337
transmission owners and 848 generator
36309
operators. However, under NERC’s
compliance registration program,
entities may be registered for multiple
functions, so these numbers incorporate
some double counting. The number of
unique entities responding will be
approximately 387 entities registered as
a reliability coordinator, balancing
authority, transmission operator,
transmission owner, or generator
operator.
33. The Commission estimates the
additional annual reporting burden and
cost as follows:
FERC–725A, AS REVISED IN DOCKET NO. RD14–7
Number and type of
respondents 33
(1)
tkelley on DSK3SPTVN1PROD with NOTICES
(One-time) Development of a training
program and materials, and task list
[R2].
(One-time) Development of a training
program [R5].
(One-time) Development of a training
program [R6].
(Ongoing) Annual
Evaluation and update of training
program and task
list [R2 and R6].
(Ongoing) Retention
of records [M2,
M6, and C.1.3].
(Ongoing) Verification
and retention of
evidence of capabilities of personnel
[R3, M3, C1.3],
and creation and
retention of records
on simulation training [R4 and M4].
Annual
number of
responses per
respondent
(2)
Total annual burden
hours & total annual
cost
(1)×(2)×(3)
Cost per
respondent 34
TO (337) 35 ...............
1
337
15 hrs. & $59.62/
hour.
5,055 hours &
$301,379.10.
$894.30
RC, BA, TOP (216) ..
1
216
15 hrs. & $59.62/
hour.
3,240 hours &
$193,168.80.
894.30
GOP (848) ................
1
848
15 hrs. & $59.62/
hour.
12,720 hours &
$758,366.40.
894.30
TO (337), GOP (848)
1
36 1,050
6 hrs. & $59.62/hour
6,300 hours &
$375,606.
357.72
TO (337), GOP (848)
1
1,050
10 hrs. & $28.95/
hour.
10,500 hrs. &
$303,975.
289.50
TO (337) ...................
1
337
10 hrs. & $28.95/
hour.
3,370 hrs. &
$97,561.50.
289.50
33 TO=Transmission Owner; RC=Reliability
Coordinator; BA=Balancing Authority;
TOP=Transmission Operator; GOP=Generator
Operator.
34 The estimated hourly costs (salary plus
benefits) are based on Bureau of Labor and Statistics
(BLS) information (available at https://bls.gov/oes/
current/naics3_221000.htm#17-0000) for an
electrical engineer ($59.62/hour for review and
documentation), and for a file clerk ($28.95/hour for
record retention).
35 Not all transmission owners are expected to
have personnel who will be subject to the revised
personnel training requirements, but this estimate
conservatively includes all registered TOs. The
same approach is taken with respect to generator
operators.
36 Some transmission owners are also generator
operators. To eliminate double counting some
VerDate Mar<15>2010
Average burden &
cost per
response
(3)
Total number
of responses
16:51 Jun 25, 2014
Jkt 232001
Title: Mandatory Reliability Standards
for the Bulk-Power System.
Action: Proposed Revisions to FERC–
725A.
OMB Control No: 1902–0244.
Respondents: Businesses or other forprofit institutions; not-for-profit
institutions.
Frequency of Responses: One-time
and ongoing.
Necessity of the Information: The
Operations Personnel Training
Standard, if adopted, would implement
the Congressional mandate of the
entities, this figure reflects the number of unique
entities (1,050) within the group of TOs and GOPs.
That approach is used throughout the table.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Energy Policy Act of 2005 to develop
mandatory and enforceable Reliability
Standards to better ensure the reliability
of the nation’s Bulk-Power System.
Specifically, the purpose of the
proposed Reliability Standard is to
ensure that personnel performing or
supporting real-time operations on the
Bulk Electric System are trained using a
systematic approach. The proposed
Reliability Standard requires entities to
maintain records subject to review by
the Commission and NERC to ensure
compliance with the Reliability
Standard.
Internal Review: The Commission has
reviewed the requirements pertaining to
E:\FR\FM\26JNN1.SGM
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Notices
the proposed Reliability Standard for
the Bulk-Power System and determined
that the proposed requirements are
necessary to meet the statutory
provisions of the Energy Policy Act of
2005. 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.
34. Interested persons may obtain
information on the reporting
requirements by contacting the
following: Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director,
email: DataClearance@ferc.gov, phone:
(202) 502–8663, fax: (202) 273–0873].
VI. Effective Date
35. This order will become effective
upon issuance.
The Commission orders:
(A) Reliability Standard PER–005–2 is
hereby approved as just, reasonable, not
unduly discriminatory, and in the
public interest.
(B) The proposed revisions to NERC’s
Glossary of Terms are approved, as
discussed in the body of this order,
along with NERC’s proposed
implementation plan for Reliability
Standard PER–005–2 and the proposed
violation severity levels and violation
risk factors.
By the Commission.
Issued: June 19, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014–14938 Filed 6–25–14; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2012–0460; FRL 9912–37–
OEI]
tkelley on DSK3SPTVN1PROD with NOTICES
Information Collection Request
Submitted to OMB for Review and
Approval; Comment Request;
Correction of Misreported Chemical
Substances on the Toxic Substances
Control Act Chemical Substances
Inventory (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA has submitted the
following information collection request
(ICR) to the Office of Management and
SUMMARY:
VerDate Mar<15>2010
16:51 Jun 25, 2014
Jkt 232001
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.):
Correction of Misreported Chemical
Substances on the Toxic Substances
Control Act (TSCA) Chemical
Substances Inventory (EPA ICR No.
1741.07, OMB Control No. 2070–0145).
EPA did not receive any comments in
response to the previously provided
public review opportunity issued in the
Federal Register on November 29, 2013
(78 FR 71603). With this submission,
EPA is providing an additional 30 days
for public comments. An Agency may
not conduct or sponsor and a person is
not required to respond to a collection
of information unless it displays a
currently valid OMB control number.
DATES: Comments must be submitted on
or before July 28, 2014.
ADDRESSES: Submit your comments to
(1) EPA, referencing Docket ID Number
EPA–HQ–OPPT–2012–0460, online
using https://www.regulations.gov (our
preferred method) or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB,
referencing OMB Desk Officer for EPA
and OMB Control No. 2070–0145, via
email to oira_submission@omb.eop.gov.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Pamela Myrick, Deputy Director,
Environmental Assistance Division,
Office of Pollution Prevention and
Toxics, Mail code: 7408M,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–554–
1404; fax number: 202–564–8251; email
address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
Docket: The ICR, which explains in
detail the information collection
activities and the related burden and
cost estimates, is summarized in this
document and is available in the docket
for this ICR. The docket can be viewed
online at https://www.regulations.gov or
in person at the EPA Docket Center,
William Jefferson Clinton (WJC) West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The
telephone number for the Docket Center
is 202–566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
PO 00000
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Fmt 4703
Sfmt 4703
ICR Title: Correction of Misreported
Chemical Substances on the Toxic
Substances Control Act (TSCA)
Chemical Substances Inventory.
ICR numbers: EPA ICR No. 1741.07,
OMB Control No. 2070–0145.
ICR status: The current OMB approval
for this ICR is scheduled to expire on
June 30, 2014. Under OMB regulations,
the Agency may continue to conduct or
sponsor the collection of information
while this submission is pending at
OMB.
Abstract: Section 8(b) of TSCA
requires EPA to compile and keep
current an inventory of chemical
substances in commerce, which is a
listing of chemical substances
manufactured, imported, and processed
for commercial purposes in the United
States. The purpose of the Inventory is
to define, for the purpose of TSCA, what
chemical substances exist in U.S.
commerce. Since the Inventory thereby
performs a regulatory function by
distinguishing between existing
chemicals and new chemicals, which
TSCA regulates in different ways, it is
imperative that the Inventory be
accurate.
However, from time to time, EPA or
respondents discover that substances
have been incorrectly described by
reporting companies. Reported
substances have been unintentionally
misidentified as a result of simple
typographical errors, the
misidentification of substances, or the
lack of sufficient technical or analytical
information to characterize fully the
exact chemical substances. EPA has
developed guidelines (45 FR 50544, July
29, 1980) under which incorrectly
described substances listed in the
Inventory can be corrected. The
correction mechanism ensures the
accuracy of the Inventory without
imposing an unreasonable burden on
the chemical industry. Without the
Inventory correction mechanism, a
company that submitted incorrect
information would have to file a premanufacture notification (PMN) under
TSCA section 5 to place the correct
chemical substance on the Inventory
whenever the previously reported
substance is found to be misidentified.
This would impose a much greater
burden on both EPA and the submitter
than the existing correction mechanism.
This information collection applies to
reporting and recordkeeping activities
associated with the correction of
misreported chemical substances found
on the TSCA Inventory.
Respondents may claim all or part of
a response confidential. EPA will
disclose information that is covered by
a claim of confidentiality only to the
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]]>Agencies
[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Notices]
[Pages 36305-36310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14938]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RD14-7-000]
North American Electric Reliability Corporation; Order Approving
Reliability Standard
Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D.
Moeller, John R. Norris, and Tony Clark.
1. On March 7, 2014, the North American Electric Reliability
Corporation (NERC) submitted a petition for approval of proposed
Reliability Standard PER-005-2 (Operations Personnel Training) and
retirement of currently-effective Reliability Standard PER-005-1
(Systems Personnel Training). Reliability Standard PER-005-2 is
designed to ensure that personnel performing or supporting real-time
operations on the Bulk-Power System are trained using a systematic
approach, and expands the scope of NERC's currently-effective training
Reliability Standard to include certain personnel of transmission
owners and generator operators, as well as operations support personnel
as defined in a proposed new term for the NERC Glossary of Terms Used
in Reliability Standards (NERC Glossary or Glossary). In addition, the
proposed Reliability Standard includes new implementation period
requirements for entities that become subject to the obligation to
provide emergency operations training using simulation technology. NERC
requests that the proposed standard become effective the first day of
the first calendar quarter 24 months beyond the date the standard is
approved.
2. As explained below, pursuant to section 215(d) of the Federal
Power Act (FPA),\1\ we approve Reliability Standard PER-005-2, and find
that it is just, reasonable, not unduly discriminatory or preferential,
and in the public interest. We also approve NERC's proposed
implementation plan for the revised standard, including the retirement
of currently-effective Reliability Standard PER-005-1, and the proposed
violation risk factors and violation severity levels. Finally, we
approve the new Glossary term ``Operations Support Personnel'' and
proposed changes to the Glossary term ``System Operator'' as described
in NERC's petition.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o(d) (2012).
---------------------------------------------------------------------------
I. Background
3. The Commission certified NERC as the Electric Reliability
Organization (ERO), as defined in section 215 of the FPA, in July
2006.\2\ On March 16, 2007, the Commission issued Order No. 693,
approving 83 of the 107 initial Reliability Standards filed by NERC,\3\
including four PER Reliability Standards governing certain areas of
personnel staffing and training.\4\
---------------------------------------------------------------------------
\2\ North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006),
order on compliance, 118 FERC ] 61,190, order on reh'g 119 FERC ]
61,046 (2007), aff'd sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342
(D.C. Cir. 2009).
\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).
\4\ See id. PP 1324-1417.
---------------------------------------------------------------------------
4. In addition, under section 215(d)(5) of the FPA, the Commission
directed NERC to develop several modifications to the approved PER
standards. Specifically, the Commission directed NERC to develop
revised or additional standards that would: (1) Identify the
expectations of the training for each job function; (2) develop
training programs tailored to each job function with consideration of
the individual training needs of the personnel; (3) expand the
applicability of the training requirements to include: reliability
coordinators, local transmission control center operator personnel,
generator operators centrally-located at a generation control center
with a direct impact on the reliable operation of the Bulk-Power
System, and operations planning and operations support staff who carry
out outage planning and assessments and those who develop
[[Page 36306]]
system operating limits (SOL), interconnection reliability operating
limits (IROL), or operating nomograms for real-time operations; (4) use
a systematic approach to training methodology for developing new
training programs; and (5) include the use of simulators by reliability
coordinators, transmission operators, and balancing authorities that
have operational control over a significant portion of load and
generation.\5\
---------------------------------------------------------------------------
\5\ Id. P 1393.
---------------------------------------------------------------------------
5. In addition, the Commission directed NERC to determine whether
it is feasible to develop meaningful performance metrics associated
with the effectiveness of a training program required by then-effective
Reliability Standard PER-002-0 and to consider whether personnel who
support Energy Management System (EMS) applications should be included
in mandatory training pursuant to the Reliability Standard.\6\
---------------------------------------------------------------------------
\6\ Id. P 1394.
---------------------------------------------------------------------------
6. NERC addressed a portion of the Order No. 693 directives in a
September 30, 2009 filing, in which it submitted a new proposed
standard PER-005-1 (System Personnel Training) along with a revised
Reliability Standard, PER-004-2 (Reliability Coordination--Staffing).
The Commission approved these proposed Reliability Standards in Order
No. 742, finding that the new and revised standards would enhance the
reliability of the Bulk-Power System.\7\ However, the Commission noted
that the standards did not fully satisfy the directives issued in Order
No. 693,\8\ and issued additional directives pursuant to FPA section
215(d)(5), requiring NERC to: (1) Consider the necessity of developing
an implementation plan for entities that become subject to the
requirement to provide emergency operations training using simulation
technology in PER-005-1, Requirement R3.1, and (2) develop a
Reliability Standard establishing training requirements for local
transmission control center personnel.
---------------------------------------------------------------------------
\7\ System Personnel Training Reliability Standards, Order No.
742, 133 FERC ] 61,159, at P 16 (2010); order on clarification, 134
FERC ] 61, 078 (2011).
\8\ Specifically, the Commission noted that NERC had not yet
addressed the Order No. 693 directives to (1) expand the
applicability of the standard to include certain generator operators
centrally-located at a generation control center; (2) expand the
standard to include operations planning and operations support staff
who carry out outage planning and assessments and those who develop
SOLs and IROLs; and (3) consider whether personnel supporting
Emergency Management System (EMS) applications should be included in
mandatory operator personnel training requirements. See Order No.
742, 133 FERC ] 61,159 at P 74.
---------------------------------------------------------------------------
II. Proposed Reliability Standard PER-005-2 and NERC's Petition
7. On March 7, 2014, NERC filed a petition seeking approval of
proposed PER-005-2, explaining that the purpose of the revisions is to
``improve upon PER-005-1 by expanding the scope of the Reliability
Standard'' consistent with the Commission's directives in Order Nos.
693 and 742.\9\ NERC also seeks approval of the associated violation
risk factors and violation severity levels, the proposed NERC Glossary
definitions for the terms ``System Operator'' and ``Operations Support
Personnel,'' and the proposed implementation plan for PER-005-2,
including the retirement of currently-effective Reliability Standard
PER-005-1 when PER-005-2 goes into effect.
---------------------------------------------------------------------------
\9\ NERC Petition at 3. Proposed Reliability Standard PER-005-2
is not attached to this order. The complete text of the proposed
Reliability Standard is available on the Commission's eLibrary
document retrieval system in Docket No. RD14-7-000, and is posted on
NERC's Web site, available at: https://www.nerc.com.
---------------------------------------------------------------------------
8. The revised standard contains six requirements. Requirement R1
requires reliability coordinators, balancing authorities, and
transmission operators to use a systematic approach to developing and
implementing a training program for system operators, including
development of specific task lists and an annual evaluation of the
training program. Requirement R2 requires transmission owners to use a
systematic approach to developing and implementing a training program
for system operators, including development of specific task lists and
an annual evaluation of the training program. Pursuant to the
applicability section of the standard, this requirement would apply
only to ``[p]ersonnel, excluding field switching personnel, who can act
independently to operate or direct the operation of the Transmission
Owner's Bulk Electric System transmission Facilities in Real-time.''
\10\
---------------------------------------------------------------------------
\10\ Reliability Standard PER-005-2, Section 4.1.4.1.
---------------------------------------------------------------------------
9. Requirement R3 requires reliability coordinators, balancing
authorities, transmission operators and transmission owners to verify
the capabilities of their personnel as identified in Requirements R1 or
R2. Requirement R4 requires reliability coordinators, balancing
authorities, transmission operators and transmission owners to provide
those personnel identified in Requirement R1 or R2 with emergency
operations training using simulation technology to the extent that the
entity has (1) operational authority or control over facilities with
established IROLs, or (2) established protection systems or operating
guides to mitigate IROL violations.
10. Requirement R5 requires reliability coordinators, balancing
authorities, and transmission operators to use a systematic approach to
develop and implement training for their operations support personnel,
providing training on how their job functions impact the real-time
reliability-related tasks identified in Requirement R1. Requirement R6
requires applicable generator operators to use a systematic approach to
develop and implement training for certain of their dispatch personnel
at a centrally located dispatch center (as defined in Applicability
Section 4.1.5) on how their job functions impact the reliable
operations of the BES.\11\
---------------------------------------------------------------------------
\11\ NERC proposes to assign a violation risk factor of Medium
to each Requirement except Requirement R3, which is assigned a
violation risk factor of High.
---------------------------------------------------------------------------
11. NERC maintains in its petition that PER-005-2 addresses all
outstanding directives related to its personnel training requirements
from Order Nos. 693 and 742. Specifically, NERC notes that it has
expanded the scope of PER-005 to include training requirements for
local transmission control center operator personnel; for operations
support personnel who perform current day or next day outage
coordination or assessments, or who determine SOLs or IROLs or
operating nomograms in support of real-time operations; and for certain
generator dispatch personnel at centrally located dispatch centers.\12\
---------------------------------------------------------------------------
\12\ NERC Petition at 3.
---------------------------------------------------------------------------
12. NERC also maintains that the proposed Reliability Standard
addresses the Commission's directive in Order No. 742 to develop an
implementation period for those entities that may become subject to the
requirement to provide emergency operations training using simulation
technology, as Part 4.1 of Requirement R4 provides for a 12 month
implementation period for newly-applicable entities.\13\ Finally, NERC
explains that it has addressed the Commission's outstanding directive
to consider whether the standard should include personnel who support
EMS applications, through the standard drafting team's consideration of
a May 2013 report provided by the NERC Operating Committee's Event
Analysis Subcommittee. NERC states that the Event Analysis Subcommittee
found only two events (as of May 2013) that involved the loss of EMS or
Supervisory
[[Page 36307]]
Control and Data Acquisition applications, as well as a lack of
training. Based on those findings the Event Analysis Subcommittee
``concluded that while EMS support personnel should receive training,
the evidence does not support a need for such personnel to be trained
under Reliability Standard PER-005.'' \14\
---------------------------------------------------------------------------
\13\ Id. at 4, 27.
\14\ Id. at 32.
---------------------------------------------------------------------------
13. NERC also maintains that the proposed standard improves on the
currently-effective standard by ``clarifying language in certain
requirements and eliminating redundant or unnecessary requirements.''
\15\ As one example, NERC notes that PER-005-2 does not retain the
obligation to provide system operators with at least 32 hours of
emergency operations training every 12 months. Instead, NERC maintains
that ``mandating a minimum amount of emergency operations training,
irrespective of the entity's unique characteristics or reliability risk
to the Bulk-Power System, is unnecessary and inconsistent with the
Commission-approved requirement to use a systematic approach to
training methodology.'' \16\
---------------------------------------------------------------------------
\15\ Id. at 5.
\16\ Id. at 29.
---------------------------------------------------------------------------
14. In addition to proposing certain clarifying changes to the
currently-effective Glossary term System Operator,\17\ NERC asks that
the Commission approve its proposed definition for a new term,
Operations Support Personal, to be defined as ``[i]ndividuals who
perform current day or next day outage coordination or assessments, or
who determine SOLs, IROLs, or operating nomograms, in direct support of
Real-time operations of the Bulk Electric System.'' \18\ NERC explains
that this proposed definition mirrors the Commission's directive to
include training requirements for ``those [individuals] who carry out
outage coordination and assessments in accordance with Reliability
Standards IRO-004-1 and TOP-002-2, and those who determine SOLs and
IROLs or operating nomograms in accordance with Reliability Standards
IRO-005-1 and TOP-004-0.'' \19\
---------------------------------------------------------------------------
\17\ Among other things, NERC proposes to eliminate the
reference to generator operators from the definition of system
operator, noting that ``[n]o reliability standard uses the NERC
Glossary term `System Operator' to refer to Generator Operator
personnel.'' Id. at 36.
\18\ Id. at 30.
\19\ Id. (quoting Order No. 693, FERC Stats. & Regs. ] 31,242 at
P 1372 and Order No. 742, 133 FERC ] 61,159 at P 82).
---------------------------------------------------------------------------
15. Finally, NERC asks that PER-005-2 and associated Glossary terms
become effective on the first day of the first calendar quarter 24
months after Commission approval. NERC maintains that this
implementation period is appropriate because certain functional
entities are becoming subject to the standard for the first time, and
because it is consistent with the implementation period provided for
reliability coordinators, balancing authorities and transmission
operators under PER-005-1.\20\
---------------------------------------------------------------------------
\20\ Id. at 36-37.
---------------------------------------------------------------------------
III. Notice of Filing, Interventions and Comments
16. Notice of NERC's petition was issued on March 12, 2014, with
comments, protests and motions to intervene due on or before April 11,
2014. Two sets of comments were received. A Joint Motion to Intervene
and Comments (ISO/RTO Joint Comments) was timely filed by the
California Independent System Operator Corporation, Electric
Reliability Council of Texas, Inc., Independent Electricity System
Operator, ISO New England, Inc., Midcontinent Independent System
Operator, Inc., New York Independent System Operator, Inc. and
Southwest Power Pool, Inc. (the ISO/RTO Commenters). On April 17, 2014,
PJM Interconnection, L.L.C. (PJM) filed a Motion to Intervene and
Comment Out-of-Time.
17. The ISO/RTO Commenters support approval of PER-005-2, because
it reasonably identifies individuals who may affect real-time system
operations/reliability, sets out a reasonable scope for the training
obligations, requires applicable entities to verify initial
capabilities of their personnel, requires some form of simulation-based
training for personnel involved with the operation of facilities that
either have an IROL or are used to mitigate an IROL (without dictating
the specific type of simulation training), and properly excludes
personnel who support EMS applications. While the ISO/RTO Commenters
maintain that the proposed standard ``encompasses discretion on the
part of the functional entities to `identif[y]' which personnel fall
within the definition of Operations Support Personnel,'' they also ask
the Commission to ``confirm that functional entities have the
discretion to make that identification.'' \21\
---------------------------------------------------------------------------
\21\ ISO/RTO Joint Comments at 5.
---------------------------------------------------------------------------
18. While PJM does not ask the Commission to reject the proposed
standard, it criticizes PER-005-2 as ``an unnecessary and a potentially
ineffective means to address an otherwise straightforward requirement;
namely to train appropriate personnel.'' \22\ PJM maintains that
program accreditation ``would be a more appropriate means to address
training requirements for the industry as opposed to a prescriptive,
broad-brush Reliability Standard.'' \23\ PJM explains that an
accreditation model ``would place the emphasis on the training program
itself, and associated controls,'' rather than on ``applicable
individuals, their personal training and performance records,
individual pieces of training content, and other administrative
documentation.'' \24\ PJM accordingly asks the Commission to clarify
that ``an industry-accreditation program (with parameters overseen by
FERC) can provide an acceptable means for compliance with the PER
Standard and is not precluded as an alternative means of compliance
with those requirements.'' \25\
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\22\ PJM Comments at 1.
\23\ Id. at 3.
\24\ Id. at 3-4.
\25\ Id. at 2.
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19. Like the Joint ISO/RTO Commenters, PJM notes its concern that
there is no standardized job description for operations support
personnel, and seeks clarification that responsible entities will be
allowed to use reasonable discretion to identify operations support
personnel subject to the standard's requirements.
IV. Discussion
A. Procedural Matters
20. Pursuant to Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214, the timely, unopposed motion to intervene
filed by the ISO/RTO Commenters serves to make them parties to this
proceeding. Pursuant to Rule 214(d) of the Commission's Rules of
Practice and Procedure, 18 CFR 385.214(d), we will also grant PJM's
late-filed motion to intervene given its interest in the proceeding,
the early stage of the proceeding, and the absence of undue prejudice
or delay.
B. Commission Determination
21. Pursuant to section 215(d) of the FPA, we approve Reliability
Standard PER-005-2 as just, reasonable, not unduly discriminatory or
preferential, and in the public interest.\26\ We also approve NERC's
proposed implementation plan for the revised standard, including the
retirement of currently-effective Reliability Standard PER-005-1, and
the proposed violation risk factors and violation severity levels.
Finally, we approve the new Glossary term ``Operations Support
Personnel''
[[Page 36308]]
and the proposed changes to the Glossary term ``System Operator'' as
described in NERC's petition.
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\26\ 16 U.S.C. 824o(d)(2).
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22. We find that PER-005-2 enhances the reliability of the Bulk-
Power System by expanding the scope of NERC's currently-effective
personnel training requirements to include additional personnel who
perform or support real time operations on the Bulk-Power System and
who therefore could have a direct impact on the reliability of the
Bulk-Power System.
23. In addition, we find that PER-005-2 satisfies several
outstanding Commission directives related to personnel training, by:
(1) Requiring the systematic development and implementation of training
programs for local transmission control center operator personnel of a
transmission owner, including emergency operations training; (2)
requiring systematic development and implementation of training for
operations support personnel who can impact the reliable operation of
the Bulk-Power System; and (3) requiring systematic development and
implementation of training for generator owners' dispatch personnel at
centrally located dispatch centers.
24. Further, we find that PER-005-2 includes a reasonable
implementation period for entities that may become subject to the
standard's requirement to provide emergency operations training using
some form of simulation technology. Finally, we find that NERC has
adequately considered whether EMS support personnel should be subject
to mandatory training requirements under PER-005 or another appropriate
standard. However, we note that the standard drafting team's decision
to exclude EMS personnel is based on event analyses as of May 2013, and
that NERC should reassess this issue if future event analyses do not
support this exclusion.\27\
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\27\ See Petition at 19, 31-32 (while the standard drafting team
determined that there was ``insufficient evidence at this time to
warrant an extension of the mandatory training requirements to
personnel that support EMS application,'' NERC states that it ``will
continue to assess the need for mandatory training of these
personnel.'').
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25. Joint ISO/RTO Commenters and PJM request that we ``confirm''
that applicable entities can exercise ``reasonable discretion'' to
identify the employees that fit within NERC's definition of Operations
Support Personnel.\28\ Joint ISO/RTO commenters suggest that the
discretion to identify the appropriate personnel is encompassed by the
language of Requirement R5, which provides that each applicable entity
``shall use a system approach to develop and implement training for its
identified Operations Support Personnel'' \29\ NERC's definition of
Operations Support Personnel, which we approve in this order, provides:
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\28\ PJM Comments at 5, Joint ISO/RTO Commenters at 4-5.
\29\ Reliability Standard PER-005-2, R5 (emphasis added).
Individuals who perform current day or next day outage
coordination or assessments, or who determine SOLs, IROLs, or
operating nomograms, in direct support of Real-time operations of
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the Bulk Electric System.
Thus, the NERC definition of Operations Support Personnel sets
forth the parameters of which employees must be trained pursuant to
Requirement R5. We agree that applicable entities should exercise
reasonable discretion in determining which of their employees fit
within that definition. If an issue or uncertainty arises regarding the
proper identification of employees, an applicable entity may seek to
consult with the relevant Regional Entity or NERC.
26. Finally, with respect to PJM's request to ``clarify that an
industry-accreditation program . . . can provide an acceptable means
for compliance with the PER Standard,'' \30\ we note that, at present,
an accreditation-based training program is not precluded ``as an
alternative means of compliance'' if it otherwise meets all of the
requirements of PER-005-2. If PJM would like to pursue accreditation-
based training programs that take a fundamentally different approach to
training as an alternative to PER-005-2 (i.e., the programs would not
satisfy the requirements of PER-005-2), that approach would require
revision of PER-005-2 and/or development of a new standard governing
such alternative programs, and a demonstration that such an approach
meets FPA section 215's requirements for proposed standards.
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\30\ PJM Comments at 2.
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27. Accordingly, we approve Reliability Standard PER-005-2 pursuant
to FPA section 215(d)(2), as we find that it is just, reasonable, not
unduly discriminatory or preferential, and in the public interest. We
also approve NERC's proposed implementation plan for the revised
standard, including the retirement of currently-effective Reliability
Standard PER-005-1, and the proposed violation risk factors and
violation severity levels. Finally, we approve the new Glossary term
``Operations Support Personnel'' and the proposed changes to the
Glossary term ``System Operator'' as described in NERC's petition.
V. Information Collection Statement
28. The collection of information contained in this order is
subject to review by the Office of Management and Budget (OMB) under
section 3507(d) of the Paperwork Reduction Act of 1995.\31\ OMB's
regulations require approval of certain information collection
requirements imposed by agency rules.\32\ Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements will
not be penalized for failing to respond to this collection of
information unless the collection of information displays a valid OMB
control number.
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\31\ 44 U.S.C. 3507(d) (2012).
\32\ 5 CFR 1320.11 (2013).
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29. This order is effective immediately; however, the revised
information collection requirements will not be effective or
enforceable until OMB approves the information collection changes
described in this order. Comments are solicited on the need for this
information, whether the information will have practical utility, the
accuracy of the burden estimates, ways to enhance the quality, utility,
and clarity of the information to be collected or retained, and any
suggested methods for minimizing respondents' burden, including the use
of automated information techniques. Specifically, the Commission asks
that any revised burden or cost estimates submitted by commenters be
supported by sufficient detail to understand how the estimates are
generated. Comments regarding this proposed information collection must
be received on or before August 25, 2014.
30. Through issuance of this order, the Commission is approving
Reliability Standard PER-005-2, and the retirement of Reliability
Standard PER-005-1 when PER-005-2 goes into effect. Reliability
Standard PER-005-2 will ensure that personnel performing or supporting
real-time operations on the Bulk Electric System are trained using a
systematic approach.
31. Public Reporting Burden: Proposed Reliability Standard PER-005-
2 does not require responsible entities to file information with the
Commission. However, the Reliability Standard requires applicable
entities to develop and maintain certain information, subject to audit.
In particular, reliability coordinators, balancing authorities,
transmission operators, transmission owners and
[[Page 36309]]
generator operators, must ``have evidence'' to show use of a systematic
approach to develop and implement a training program for their system
operators, for certain operations support personnel, for certain
personnel in centrally located dispatch centers, and for certain local
transmission control center personnel. Reliability Standard PER-005-2
does not create entirely new obligations with respect to the
development, implementation, and maintenance of records related to
training programs, but expands the scope of entities and personnel that
may be subject to the standard's requirements. The burden estimate
below accounts only for the increase in burden due to the expanded
scope of PER-005-2.
32. Our estimate below regarding the number of respondents is based
on the NERC compliance registry as of April 30, 2014. According to the
NERC compliance registry, NERC has registered 15 reliability
coordinators, 107 balancing authorities, 182 transmission operators,
337 transmission owners and 848 generator operators. However, under
NERC's compliance registration program, entities may be registered for
multiple functions, so these numbers incorporate some double counting.
The number of unique entities responding will be approximately 387
entities registered as a reliability coordinator, balancing authority,
transmission operator, transmission owner, or generator operator.
33. The Commission estimates the additional annual reporting burden
and cost as follows:
FERC-725A, as Revised in Docket No. RD14-7
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Annual number Total annual burden Cost per
Number and type of of responses Total number Average burden & cost hours & total annual respondent
respondents \33\ per respondent of responses per response cost \34\
(1).................. (2) .............. (3).................. (1)x(2)x(3).......... ..............
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(One-time) Development of a TO (337) \35\........ 1 337 15 hrs. & $59.62/hour 5,055 hours & $894.30
training program and materials, $301,379.10.
and task list [R2].
(One-time) Development of a RC, BA, TOP (216).... 1 216 15 hrs. & $59.62/hour 3,240 hours & 894.30
training program [R5]. $193,168.80.
(One-time) Development of a GOP (848)............ 1 848 15 hrs. & $59.62/hour 12,720 hours & 894.30
training program [R6]. $758,366.40.
(Ongoing) Annual Evaluation and TO (337), GOP (848).. 1 \36\ 1,050 6 hrs. & $59.62/hour. 6,300 hours & 357.72
update of training program and $375,606.
task list [R2 and R6].
(Ongoing) Retention of records [M2, TO (337), GOP (848).. 1 1,050 10 hrs. & $28.95/hour 10,500 hrs. & 289.50
M6, and C.1.3]. $303,975.
(Ongoing) Verification and TO (337)............. 1 337 10 hrs. & $28.95/hour 3,370 hrs. & 289.50
retention of evidence of $97,561.50.
capabilities of personnel [R3, M3,
C1.3], and creation and retention
of records on simulation training
[R4 and M4].
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\33\ TO=Transmission Owner; RC=Reliability Coordinator;
BA=Balancing Authority; TOP=Transmission Operator; GOP=Generator
Operator.
\34\ The estimated hourly costs (salary plus benefits) are based
on Bureau of Labor and Statistics (BLS) information (available at
https://bls.gov/oes/current/naics3_221000.htm#17-0000) for an
electrical engineer ($59.62/hour for review and documentation), and
for a file clerk ($28.95/hour for record retention).
\35\ Not all transmission owners are expected to have personnel
who will be subject to the revised personnel training requirements,
but this estimate conservatively includes all registered TOs. The
same approach is taken with respect to generator operators.
\36\ Some transmission owners are also generator operators. To
eliminate double counting some entities, this figure reflects the
number of unique entities (1,050) within the group of TOs and GOPs.
That approach is used throughout the table.
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Title: Mandatory Reliability Standards for the Bulk-Power System.
Action: Proposed Revisions to FERC-725A.
OMB Control No: 1902-0244.
Respondents: Businesses or other for-profit institutions; not-for-
profit institutions.
Frequency of Responses: One-time and ongoing.
Necessity of the Information: The Operations Personnel Training
Standard, if adopted, would implement the Congressional mandate of the
Energy Policy Act of 2005 to develop mandatory and enforceable
Reliability Standards to better ensure the reliability of the nation's
Bulk-Power System. Specifically, the purpose of the proposed
Reliability Standard is to ensure that personnel performing or
supporting real-time operations on the Bulk Electric System are trained
using a systematic approach. The proposed Reliability Standard requires
entities to maintain records subject to review by the Commission and
NERC to ensure compliance with the Reliability Standard.
Internal Review: The Commission has reviewed the requirements
pertaining to
[[Page 36310]]
the proposed Reliability Standard for the Bulk-Power System and
determined that the proposed requirements are necessary to meet the
statutory provisions of the Energy Policy Act of 2005. 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.
34. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director, email:
DataClearance@ferc.gov, phone: (202) 502-8663, fax: (202) 273-0873].
VI. Effective Date
35. This order will become effective upon issuance.
The Commission orders:
(A) Reliability Standard PER-005-2 is hereby approved as just,
reasonable, not unduly discriminatory, and in the public interest.
(B) The proposed revisions to NERC's Glossary of Terms are
approved, as discussed in the body of this order, along with NERC's
proposed implementation plan for Reliability Standard PER-005-2 and the
proposed violation severity levels and violation risk factors.
By the Commission.
Issued: June 19, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-14938 Filed 6-25-14; 8:45 am]
BILLING CODE 6717-01-P
