Protection System, Automatic Reclosing, and Sudden Pressure Relaying Maintenance Reliability Standard, 22444-22449 [2015-09228]
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Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules
Street NE., Washington, DC 20426
[Attention: Ellen Brown, email:
DataClearance@ferc.gov, phone: (202)
502–8663, fax: (202) 273–0873].
16. Comments concerning the
information collection proposed in this
Notice of Proposed Rulemaking 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
[Attention: Desk Officer for the Federal
Energy Regulatory Commission]. For
security reasons, comments should be
sent by email to OMB at the following
email address: oira_submission@
omb.eop.gov. Please reference FERC–
725G2 and the docket numbers of this
Notice of Proposed Rulemaking (Docket
No. RM15–4–000) in your submission.
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IV. Environmental Analysis
17. 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.25 This action has been
categorically excluded under section
380.4(a)(2)(ii) of the Commission’s
regulations, addressing the collection of
information.26
V. Regulatory Flexibility Act
18. The Regulatory Flexibility Act of
1980 (RFA) 27 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities.
19. The Small Business
Administration (SBA) revised its size
standards (effective January 22, 2014)
for electric utilities from a standard
based on megawatt hours to a standard
based on the number of employees,
including affiliates. Under SBA’s new
standards, some transmission owners
and generation owners will possibly fall
under the following category and
associated size threshold: Electric bulk
power transmission and control at 500
employees; hydroelectric power
generation at 500 employees; fossil fuel
electric power generation at 750
employees; nuclear electric power
generation at 750 employees.
20. The Commission estimates that
the number of applicable small entities
will be minimal due to the gross million
volt amps (MVA) thresholds embedded
into proposed Reliability Standard PRC–
25 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987).
26 18 CFR 380.4(a)(2)(ii).
27 5 U.S.C. 601–612.
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002–2, which focus information
collection on bulk electric system
facilities having Interconnection-wide
impacts worthy of collecting. The
proposed Reliability Standard applies to
approximately 526 entities in the United
States. The Commission estimates,
applying the MVA thresholds above,
that approximately 52 (or 10 percent of
the 521) are small entities. The
Commission estimates for these small
entities, proposed Reliability Standard
PRC–002–2 Requirement R1 may need
to be evaluated and documented every
five years with costs of $9,847 for each
evaluation. From this set of small
entities, the Commission estimates that
five percent, or only two or three small
entities, may be affected by the other
requirements, i.e., Requirements R2
through R12, of proposed Reliability
Standard PRC–002–2. Based on a prior
industry-sponsored survey, annual
compliance costs will average
$100,000–$160,000 for entities subject
to these requirements.28 Accordingly,
the Commission certifies that the
proposed Reliability Standard will not
have a significant economic impact on
a substantial number of small entities.
VI. Comment Procedures
21. 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 22, 2015.
Comments must refer to Docket No.
RM15–4–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
22. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
23. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
24. All comments will be placed in
the Commission’s public files and may
28 See NERC Petition Ex. G (Record of
Development) at 257 of pdf file, providing link to:
NERC Cost Effective Analysis Process (CEAP) Pilot
for NERC Project 2007–11—Disturbance
Monitoring—PRC–002–2 at 8 (Apr. 9, 2014).
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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
25. 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 the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
26. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number of this
document, excluding the last three
digits in the docket number field.
27. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1 (866) 208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Issued: April 16, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015–09219 Filed 4–21–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
[Docket No. RM15–9–000]
Protection System, Automatic
Reclosing, and Sudden Pressure
Relaying Maintenance Reliability
Standard
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
Pursuant to the Federal Power
Act, the Commission proposes to
approve a revised Reliability Standard,
SUMMARY:
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Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules
PRC–005–4 (Protection System,
Automatic Reclosing and Sudden
Pressure Relaying Maintenance),
developed and submitted by the North
American Electric Reliability
Corporation (NERC). In addition, the
Commission proposes to approve one
new definition and four revised
definitions referenced in the proposed
Reliability Standard, as well as NERC’s
proposed violation risk factors, violation
severity levels, and implementation
plan. Consistent with Order No. 758, the
proposed Reliability Standard requires
applicable entities to test and maintain
certain sudden pressure relays as part of
a protection system maintenance
program.
DATES: Comments are due June 22, 2015.
ADDRESSES: Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures Section of
this document.
FOR FURTHER INFORMATION CONTACT:
Tom Bradish (Technical Information),
Office of Electric Reliability, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (301) 665–1391, Tom.Bradish@
ferc.gov.
Julie Greenisen (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–6362,
julie.greenisen@ferc.gov.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the
Federal Power Act (FPA),1 the
Commission proposes to approve a
revised Reliability Standard, PRC–005–
4 (Protection System, Automatic
Reclosing and Sudden Pressure
Relaying Maintenance), developed and
submitted by the North American
Electric Reliability Corporation (NERC),
the Commission-certified Electric
Reliability Organization (ERO). In
addition, the Commission proposes to
approve one new definition and four
1 16
U.S.C. 824o (2012).
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revised definitions referenced in the
proposed Reliability Standard, as well
as NERC’s proposed violation risk
factors, violation severity levels, and
implementation plan. Consistent with
Order No. 758,2 the proposed Reliability
Standard requires applicable entities to
test and maintain certain sudden
pressure relays as part of a protection
system maintenance program.
I. Background
A. Regulatory Background
2. Section 215 of the FPA requires a
Commission-certified ERO to develop
mandatory and enforceable Reliability
Standards, subject to Commission
review and approval.3 Once approved,
the Reliability Standards may be
enforced by the ERO subject to
Commission oversight, or by the
Commission independently.4 In 2006,
the Commission certified NERC as the
ERO pursuant to FPA section 215.5
3. In 2007, the Commission approved
an initial set of Reliability Standards
submitted by NERC, including initial
versions of four protection system and
load-shedding-related maintenance
standards: PRC–005–1, PRC–008–0,
PRC–011–0, and PRC–017–0.6 In
addition, the Commission directed
NERC to develop a revision to PRC–
005–1 incorporating a maximum time
interval during which to conduct
maintenance and testing of protection
systems, and to consider combining into
one standard the various maintenance
and testing requirements for all of the
maintenance and testing-related
standards for protection systems,
underfrequency load shedding (UFLS)
equipment and undervoltage load
shedding (UVLS) equipment.
4. In February 2012, the Commission
issued Order No. 758 in response to
NERC’s request for approval of its
interpretation of Requirement R1 of the
then-current version of the protection
system maintenance standard,
Reliability Standard PRC–005–1. In that
order, the Commission accepted NERC’s
proposed interpretation of Requirement
R1, which interpretation provided
2 Interpretation of Protection System Reliability
Standard, Order No. 758, 138 FERC ¶ 61,094,
clarification denied, 139 FERC ¶ 61,227 (2012).
3 16 U.S.C. at 824o(c) and (d).
4 See id. at 824o(e).
5 North American Electric Reliability Corp., 116
FERC ¶ 61,062, order on reh’g & compliance, 117
FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc.
v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
6 Mandatory Reliability Standards for the Bulk
Power System, Order No. 693, FERC Stats. & Regs.
¶ 31,242, at PP 1474, 1492, 1497, and 1514, order
on reh’g, Order No. 693–A, 120 FERC ¶ 61,053
(2007).
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guidance on the types of protection
system equipment to which the
Reliability Standard did or did not
apply. In reviewing NERC’s
interpretation, the Commission raised
several concerns about potential gaps in
the coverage of PRC–005–1, including a
concern that the standard as written
may not include all components that
serve in some protective capacity.7
B. NERC Petition and Proposed
Standard PRC–005–4
5. On December 18, 2014, NERC
submitted a petition seeking approval of
proposed Reliability Standard PRC–
005–4, which would add to the
applicability of Reliability Standard
PRC–005–3 those sudden pressure
relays that NERC has identified as
having a potential effect on the reliable
operation of the Bulk-Power System.8
NERC states that these revisions were
developed to satisfy NERC’s
commitment to develop modifications
to PRC–005 that would address the
Commission’s concerns, as set out in
Order No. 758, regarding the lack of
maintenance requirements for nonelectrical sensing relays (such as sudden
pressure relays) that could affect the
reliable operation of the Bulk-Power
System.9
6. NERC states that sudden pressure
relays ‘‘are designed to quickly detect
faults on the Bulk-Power System
transformer equipment that may remain
undetected by other Protection Systems,
and can operate to limit any potential
damage on the equipment.’’ 10 NERC
7 See Order No. 758, 138 FERC ¶ 61,094 at P 12.
NERC has addressed the Commission’s concerns
stated in Order No. 758 through a series of projects
modifying the PRC–005 standard. See Protection
System Maintenance Reliability Standard, Order
No. 793, 145 FERC ¶ 61,253 (2013) (approving
Reliability Standard PRC–005–2, which
incorporated specific minimum maintenance
activities and maximum time intervals for
maintenance of individual components of the
protection systems and load shedding equipment
affecting the bulk electric system); Protection
System Maintenance Reliability Standard, Order
No. 803,150 FERC ¶ 61,039 (2015) (approving PRC–
005–3 and directing NERC to develop a
modification to include maintenance and testing of
supervisory relays associated with relevant
autoreclosing relay schemes).
8 Proposed Reliability Standard PRC–005–4 is not
attached to the NOPR; however, the complete text
of the proposed Reliability Standard is available on
the Commission’s eLibrary document retrieval
system in Docket No. RM15–9–000 and is posted on
NERC’s Web site, available at: https://
www.nerc.com.
9 See NERC Petition at 3, 9.
10 Id. at 3. NERC describes sudden pressure relays
as relays which ‘‘respond to changes in pressure
and are utilized as protective devices for power
transformers,’’ and which may ‘‘detect rapid
changes in gas pressure, oil pressure, or oil flow
that are indicative of faults within the transformer
equipment.’’ Id. at 13. NERC notes that in addition
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states that the ‘‘misoperation of sudden
pressure relays that initiate tripping in
response to fault conditions can impact
the reliability of the Bulk-Power
System,’’ and accordingly proposes
revisions to PRC–005–3 that will require
entities to document and implement
programs for maintenance of applicable
sudden pressure relays.11
7. NERC explains that, consistent with
Order No. 758, NERC’s System
Protection and Control Subcommittee
(SPCS) performed a technical study ‘‘to
determine which devices that respond
to non-electrical quantities should be
addressed within PRC–005 identified
devices.’’ 12 NERC states that the SPCS
considered a broad range of devices that
respond to non-electrical quantities,
starting with the list of ninety-four
devices included in the IEEE Standard
Electrical Power System Device
Function Numbers, then applying
‘‘multiple layers of analysis to each
device to select the ones that can affect
the reliability of the Bulk-Power
System.’’ 13 The SPCS first determined
that only those devices that initiate
action to clear faults or mitigate
abnormal system conditions presented a
risk to the Bulk-Power System. Next, the
SPCS eliminated those devices that
were ‘‘previously considered as a result
of the revised definition of Protection
System or those that are clearly not
protective devices, such as primary
equipment and control devices.’’ 14
Finally, the SPCS conducted an indepth analysis of the remaining devices,
and concluded that only one category—
sudden pressure relays that are utilized
in a trip application—should be
included in the revised PRC–005–4.
8. NERC also explains that the SPCS
developed a Supplemental Report in
response to comments and questions
about its initial recommendations from
the Commission staff. These comments
and questions focused on whether PRC–
005 should include turbine generator
vibration monitors and circuit breaker
arc extinguishing systems.15 The SPCS
Supplemental Report, issued on October
31, 2014, examined these two kinds of
devices and provided information on
events during which these devices
operated or failed to operate. The
to detecting faults, certain sudden pressure relays
can trip the associated transformer circuitry in
response to the fault conditions.
11 Id. at 3–4.
12 Id. at 4.
13 Id. at 10.
14 Id.
15 NERC Petition at 11, Ex. E, Sudden Pressure
Relays and Other Devices that Respond to NonElectrical Quantities: Supplemental Information to
Support Project 2007–17.3: Protection System
Maintenance and Testing, NERC SPCS (Oct. 31,
2014) (SPCS Supplemental Report).
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Supplemental Report concluded that
neither device affected the reliable
operation of the Bulk-Power System.
9. NERC states that the standard
drafting team that was tasked with
developing the modifications to PRC–
005 in response to Order No. 758
adopted the SPCS Report’s
recommendations, both as to the scope
of additional relays included, and as to
the required minimum maintenance
activities and maximum maintenance
intervals for these relays.
10. NERC maintains that proposed
Reliability Standard PRC–005–4 will
enhance reliability by extending the
coverage of an applicable entity’s
protection system maintenance program
to include sudden pressure relaying
components. NERC further maintains
that the proposed standard satisfies the
Commission’s concerns as raised in
Order No. 758 ‘‘by including . . .
sudden pressure relays that detect [a]
fault on Bulk-Power System transformer
equipment and trip in response to fault
conditions, as recommended by the
SPCS Report.’’ 16
11. NERC explains that proposed
Reliability Standard PRC–005–4 has
been modified to include a new
definition for ‘‘Sudden Pressure
Relaying,’’, as well as four revised
definitions as part of an applicable
entity’s protection system maintenance
program.17 NERC further explains that
the proposed standard would include a
sudden pressure relay that trips an
interrupting device to isolate the
equipment it is monitoring, but ‘‘does
not include other non-electric sensing
devices, pressure relays that only
initiate an alarm, or pressure relief
devices.’’ 18 In addition, NERC explains
that the revised standard replaces the
term ‘‘Special Protection System’’ with
the term ‘‘Remedial Action Scheme,’’ to
align the standard with NERC’s
employment of the latter term moving
forward, and revises Applicability
section 4.2.6.1 to address how the
largest BES generating unit would be
determined in circumstances involving
a Reserve Sharing Group.
12. NERC’s proposed implementation
plan for PRC–005–4 incorporates the
phased-in implementation period
approved for PRC–005–2, which has a
twelve year phase-in period, with the
addition of compliance dates for the
new requirements for applicable sudden
16 NERC
Petition at 12.
proposes to modify the definitions of
Protection System Maintenance Program,
Component Type, Component, and Countable Event
to reflect the addition of sudden pressure relays to
the scope of a required maintenance program. NERC
Petition at 15–16.
18 Id. at 18.
17 NERC
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pressure relays. NERC asks that PRC–
005–4 become effective the first day of
the first calendar quarter following
Commission approval. Reliability
Standard PRC–005–3 would be retired
immediately prior to PRC–005–4
becoming effective.
13. NERC explains that the evidence
retention period for PRC–005–4 is
shorter than that required in the
preceding versions of the standard, as it
requires entities to maintain records for
one maintenance cycle, rather than two
cycles, if the interval of the maintenance
activity is longer than the audit cycle.
For maintenance activities where the
interval is shorter than the audit cycle,
documentation is to be retained for all
maintenance activities since the
previous audit.
14. NERC states that the violation risk
factors proposed in PRC–005–4 track
those in previous versions of the
standard, and that the violation severity
levels have been revised to include the
additional component (sudden pressure
relays) in a manner consistent with the
approach taken for PRC–005–3.
II. Discussion
15. Pursuant to section 215(d)(2) of
the FPA, the Commission proposes to
approve Reliability Standard PRC–005–
4, as well as the new definition of
Sudden Pressure Relaying, the four
revised definitions referenced in the
proposed standard, the assigned
violation risk factors and violation
severity levels, and the proposed
implementation plan. We believe that
proposed Reliability Standard PRC–
005–4 will enhance reliability by
requiring the inclusion of sudden
pressure relays of certain criteria that
are utilized in a trip application as part
of the protection system maintenance
program, and by requiring entities to
undertake minimum required
maintenance activities at maximum
defined maintenance intervals.
16. NERC has relied on the SPCS’s
determination that the only nonelectrical sensing devices that can
impact reliable operation of the BulkPower System are the sudden pressure
relays that can detect rapid changes in
gas pressure, oil pressure, or oil flow
that are indicative of faults within the
transformer equipment, and can trip
associated transformer circuitry to
isolate the transformer and limit the
potential damage of the equipment. We
agree that these relays should be
included in an adequate protection
system maintenance program.
17. However, we continue to have
some concern that the misoperation of
other types of non-electrical sensing
relays or devices, such as pressure
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sensing devices associated with air blast
or SF6 circuit breaker arc extinguishing
systems, could affect the reliable
operation of the Bulk-Power System.
These non-electrical sensing devices are
utilized in this context to give an
indication that the circuit breaker may
be unable to operate as designed on the
Bulk-Power System. With regard to
these types of devices, the SPCS stated
that, ‘‘there is no operating experience
in which misoperation of a density
switch or sensor [i.e, pressure sensing
device] in response to a system
disturbance has contributed to a
cascading event.’’ 19 However, we
expect Commission staff to continue
exploring this issue with NERC,
particularly in light of the findings in
NERC’s 2014 and 2013 State of
Reliability reports that AC substation
equipment failures remain among the
leading causes of Bulk Power System
problems.
III. Information Collection Statement
18. The following collection of
information contained in this Notice of
Proposed Rulemaking is subject to
review by the Office of Management and
Budget (OMB) under section 3507(d) of
the Paperwork Reduction Act of 1995
(PRA).20 OMB’s regulations require
approval of certain information
collection requirements imposed by
agency rules.21 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 of a rule will not
be penalized for failing to respond to
these collections of information unless
the collections of information display a
valid OMB control number.
19. We solicit comments on the
Commission’s 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.
20. The Commission proposes to
approve Reliability Standard PRC–005–
4, which will replace PRC–005–3
(Protection System and Automatic
Reclosing Maintenance). The proposed
Reliability Standard expands the
existing standard to cover sudden
pressure relays that meet certain
criteria, thereby imposing mandatory
minimum maintenance activities and
maximum maintenance intervals for the
applicable relays. Because the specific
requirements were designed to reflect
common industry practice, entities are
not expected to experience a meaningful
change in actual maintenance and
documentation practices. However, each
applicable entity will have to perform a
one-time review of sudden pressure
relays that detect rapid changes in gas
pressure, oil pressure, or oil flow that
are indicative of faults within
transformer equipment, and, if it has
applicable sudden pressure relay
devices, review current maintenance
programs to ensure that they meet the
requirements of proposed standard
PRC–005–4. Accordingly, all additional
information collection costs are
expected to be limited to the first year
of implementation of the revised
standard.
21. Proposed Reliability Standard
PRC–005–4 reduces the evidence
retention requirements approved in
previously-approved versions of the
standard, and now requires entities to
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maintain documentation of maintenance
activities for only one maintenance
cycle (a maximum of twelve years) if the
maintenance interval is longer than the
audit cycle. For maintenance activities
where the interval is shorter than the
audit cycle, documentation is to be
retained for all maintenance activities
since the previous audit. While the
potential data retention requirement
exceeds the three-year period that is
routinely allowed for regulations
requiring record retention under the
OMB regulations implementing the
PRA,22 the maximum evidence
retention period has been reduced from
24 years to a maximum of 12 years as
a result of the Commission’s prior
request for comment on the
reasonableness of the evidence retention
period in earlier versions of the
standard, and appears to reflect the
minimum time needed to ensure
compliance with maintenance
requirements.23
22. Public Reporting Burden: Affected
entities must perform a one-time review
of their existing sudden pressure relay
schemes and associated maintenance
programs to ensure that the programs
contain at a minimum the activities
required by Reliability Standard PRC–
005–4. If the existing maintenance
program does not meet the criteria in
Reliability Standard PRC–005–4, the
entity will have to make certain
adjustments to the program.
23. Our estimate below assumes that
the number of unique applicable entities
(distribution providers, generator
owners and transmission owners, or a
combination of those) in the United
States is approximately 1,287 24 and the
time required to do the one-time review
will be approximately eight hours. The
estimate further assumes that the onetime review would be performed by an
engineer at a rate of $65.34 per hour.25
RM15–9–000 (MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD PRC–005–4)
Number of
respondents
Annual
number of
responses per
respondent
Total number
of responses
Average
burden (hours)
cost per
response
Total annual
burden hours
total annual
cost
Cost per
respondent
($)
(1)
(2)
(1)*(2) = (3)
(4)
(3)*(4) = (5)
(5) ÷ (1)
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One-time review of sudden pressure
relay maintenance program and adjustment ................................................
19 SPCS
Supplemental Report at 4.
U.S.C. 3507(d) (2006).
21 5 CFR 1320.11 (2012).
22 See 5 CFR 1320.5(d)(2)(iv).
15:23 Apr 21, 2015
1
1,287
23 See Order No. 803, 150 FERC ¶ 61,039 at PP
37–38.
24 This figure reflects the generator owners,
transmission owners, and distribution providers
20 44
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8
$523
10,296
$673,101
$523
identified in the NERC Compliance Registry as of
February 27, 2015.
25 The figure is taken from the Bureau of Labor
Statistics at https://www.bls.gov/oes/current/naics2_
22.htm; Occupation Code: 17–2071).
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Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules
Title: FERC–725P1,26 Mandatory
Reliability Standards: Reliability
Standard PRC–005–4.
Action: Proposed Collection of
Information.
OMB Control No: To be determined.
Respondents: Business or other forprofit and not-for-profit institutions.
Frequency of Responses: One time.
Necessity of the Information: The
proposed Reliability Standard PRC–
005–4, 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 proposal would ensure
that transmission and generation
protection systems affecting the
reliability of the bulk electric system are
maintained and tested.
24. Internal review: The Commission
has reviewed revised Reliability
Standard PRC–005–4 and made a
determination that approval of this
standard is necessary to implement
section 215 of the FPA. The
Commission has assured itself, by
means of its internal review, that there
is specific, objective support for the
burden estimates associated with the
information requirements.
25. Interested persons may obtain
information on the reporting
requirements by contacting the Federal
Energy Regulatory Commission, Office
of the Executive Director, 888 First
Street NE., Washington, DC 20426
[Attention: Ellen Brown, email:
DataClearance@ferc.gov, phone: (202)
502–8663, fax: (202) 273–0873].
26. 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 [Attention: Desk
Officer for the Federal Energy
Regulatory Commission]. For security
reasons, comments should be sent by
email to OMB at the following email
address: oira_submission@omb.eop.gov.
Please reference the docket number of
this Notice of Proposed Rulemaking
(Docket No. RM15–9–000) in your
submission.
26 The FERC–725P1 is a temporary collection
established so the Commission can submit this
proposed rulemaking to OMB on time. However,
the burden contained in this rulemaking should be
contained in FERC–725G (OMB Control No. 1902–
0252). Commission staff plans eventually to move
this burden to FERC–725G.
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IV. Regulatory Flexibility Act Analysis
27. The Regulatory Flexibility Act of
1980 (RFA) 27 generally requires a
description and analysis of Proposed
Rules that will have significant
economic impact on a substantial
number of small entities. Proposed
Reliability Standard PRC–005–4 is
expected to impose an additional, onetime burden on 1,287 entities
(distribution providers, generator
owners, and transmission owners, or a
combination thereof). Comparison of the
applicable entities with FERC’s small
business data indicates that
approximately 789 of the 1,287 entities
are small entities, or 61.31 percent of
the respondents affected by this
proposed Reliability Standard.28
28. On average, each small entity
affected may have a one-time cost of
$523, representing a one-time review of
the program for each entity, consisting
of 8 man-hours at $65.34/hour, as
explained above in the information
collection statement. We do not
consider this cost to be a significant
economic impact for small entities.
Accordingly, the Commission certifies
that proposed Reliability Standard PRC–
005–4 will not have a significant
economic impact on a substantial
number of small entities. The
Commission seeks comment on this
certification.
V. Environmental Analysis
29. 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.29 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
are rules that are clarifying, corrective,
or procedural or that do not
27 5 U.S.C. 601–12. The number of small
distribution providers required to comply with
PRC–005–4 may decrease significantly. In March
2015, the Commission approved revisions to the
NERC Rules of Procedure to implement NERC’s
‘‘risk based registration’’ program, which raised the
registry threshold for distribution providers from a
25 MW to 75 MW peak load. North American
Electric Reliability Corp., 150 FERC ¶ 61,213 (2015).
28 The Small Business Administration sets the
threshold for what constitutes a small business.
Public utilities may fall under one of several
different categories, each with a size threshold
based on the company’s number of employees,
including affiliates, the parent company, and
subsidiaries. For the analysis in this NOPR, we are
using a 500 employee threshold for each affected
entity. Each entity is classified as Electric Bulk
Power Transmission and Control (NAICS code
221121).
29 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987).
PO 00000
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Sfmt 4702
substantially change the effect of the
regulations being amended.30 The
actions proposed herein fall within this
categorical exclusion in the
Commission’s regulations.
VI. Comment Procedures
30. 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 22, 2015.
Comments must refer to Docket No.
RM15–9–000, and must include the
commenter’s name, the organization
they represent, if applicable, and
address.
31. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
32. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
33. 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
34. 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 the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
35. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number of this
30 18
E:\FR\FM\22APP1.SGM
CFR 380.4(a)(2)(ii).
22APP1
Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules
document excluding the last three digits
in the docket number field.
36. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Issued: April 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
spirits containing not less than 18
percent and not more than 25 percent
alcohol by volume, and to remove the
current exclusion for distilled spirit
mixtures containing more than 5
percent wine on a proof gallon basis.
We have determined under 21 CFR
25.32(k) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
Dated: April 15, 2015.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2015–09228 Filed 4–21–15; 8:45 am]
BILLING CODE 6717–01–P
[FR Doc. 2015–09248 Filed 4–21–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF THE TREASURY
Food and Drug Administration
Internal Revenue Service
21 CFR Part 73
26 CFR Parts 1, 301, and 602
[Docket No. FDA–2015–C–1154]
[REG–103281–11]
E. & J. Gallo Winery; Filing of Color
Additive Petition
AGENCY:
RIN 1545–BK06
Food and Drug Administration,
HHS.
ACTION:
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
Notice of petition.
The Food and Drug
Administration (FDA or we) is
announcing that we have filed a
petition, submitted by E. & J. Gallo
Winery, proposing that the color
additive regulations be amended to
provide for the safe use of mica-based
pearlescent pigments as color additives
in certain distilled spirits.
DATES: The color additive petition was
filed on March 19, 2015.
FOR FURTHER INFORMATION CONTACT:
Salome Bhagan, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740–
3835, 240–402–3041.
SUPPLEMENTARY INFORMATION: Under
section 721(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
379e(d)(1)), we are giving notice that we
have filed a color additive petition (CAP
5C0302), submitted by E. & J. Gallo
Winery, c/o Keller and Heckman LLP,
Three Embarcadero Center, Suite 1420,
San Francisco, CA 94111. The petition
proposes to amend the color additive
regulations in § 73.350 Mica-based
pearlescent pigments (21 CFR 73.350) to
provide for the safe use of mica-based
pearlescent pigments at a level of up to
0.07 percent by weight in distilled
SUMMARY:
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Tax on Certain Foreign Procurement
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Jkt 235001
This document contains
proposed regulations under section
5000C of the Internal Revenue Code
relating to the 2 percent tax on
payments made by the U.S. government
to foreign persons pursuant to certain
contracts. The proposed regulations
affect U.S. government acquiring
agencies and foreign persons providing
certain goods or services to the U.S.
government pursuant to a contract. This
document also contains proposed
regulations under section 6114, with
respect to foreign persons claiming an
exemption from the tax under an
income tax treaty.
DATES: Written or electronic comments
and requests for a public hearing must
be received by July 21, 2015.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–103281–11),
Internal Revenue Service, Room 5203,
P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–103281–
11), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC 20224; or sent
electronically via the Federal
SUMMARY:
PO 00000
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Sfmt 4702
22449
eRulemaking Portal at https://
www.regulations.gov (IRS REG–103281–
11).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Kate Hwa at (202) 317–6934, or for
questions related to tax treaties, Rosy
Lor at (202) 317–6933; concerning
submissions of comments,
Oluwafunmilayo Taylor, (202) 317–
5179, (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information
contained in this notice of proposed
rulemaking has been submitted to the
Office of Management and Budget
(OMB) for review in accordance with
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)). Comments on the
collection of information should be sent
to the Office of Management and
Budget, Attn: Desk Officer for the
Department of the Treasury, Office of
Information and Regulatory Affairs,
Washington, DC 20503, with copies to
the Internal Revenue Service, Attn: IRS
Reports Clearance Officer,
SE:W:CAR:MP:T:T:SP, Washington, DC
20224. Comments on the collection of
information should be received by June
22, 2015. Comments are specifically
requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the IRS,
including whether the information will
have practical utility;
The accuracy of the estimated burden
associated with the proposed collection
of information;
How the quality, utility, and clarity of
the information to be collected may be
enhanced;
How the burden of complying with
the proposed collection of information
may be minimized, including through
the application of automated collection
techniques or other forms of information
technology; and
Estimates of capital or start-up costs
and costs of operation, maintenance,
and purchase of services to provide
information.
The collection of information in the
proposed regulations is contained in a
number of provisions including
§§ 1.5000C–2, 1.5000C–3, and 1.5000C–
4. Responses to these collections of
information are required to verify the
status of foreign persons to whom
specified Federal procurement
payments subject to the section 5000C
tax are made; to obtain a benefit (to
claim an exemption to, or a reduction
in, withholding); and to facilitate tax
compliance (to verify entitlement to an
E:\FR\FM\22APP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Proposed Rules]
[Pages 22444-22449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09228]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
[Docket No. RM15-9-000]
Protection System, Automatic Reclosing, and Sudden Pressure
Relaying Maintenance Reliability Standard
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Power Act, the Commission proposes to
approve a revised Reliability Standard,
[[Page 22445]]
PRC-005-4 (Protection System, Automatic Reclosing and Sudden Pressure
Relaying Maintenance), developed and submitted by the North American
Electric Reliability Corporation (NERC). In addition, the Commission
proposes to approve one new definition and four revised definitions
referenced in the proposed Reliability Standard, as well as NERC's
proposed violation risk factors, violation severity levels, and
implementation plan. Consistent with Order No. 758, the proposed
Reliability Standard requires applicable entities to test and maintain
certain sudden pressure relays as part of a protection system
maintenance program.
DATES: Comments are due June 22, 2015.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT:
Tom Bradish (Technical Information), Office of Electric Reliability,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, (301) 665-1391, Tom.Bradish@ferc.gov.
Julie Greenisen (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, (202) 502-6362, julie.greenisen@ferc.gov.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the
Commission proposes to approve a revised Reliability Standard, PRC-005-
4 (Protection System, Automatic Reclosing and Sudden Pressure Relaying
Maintenance), developed and submitted by the North American Electric
Reliability Corporation (NERC), the Commission-certified Electric
Reliability Organization (ERO). In addition, the Commission proposes to
approve one new definition and four revised definitions referenced in
the proposed Reliability Standard, as well as NERC's proposed violation
risk factors, violation severity levels, and implementation plan.
Consistent with Order No. 758,\2\ the proposed Reliability Standard
requires applicable entities to test and maintain certain sudden
pressure relays as part of a protection system maintenance program.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o (2012).
\2\ Interpretation of Protection System Reliability Standard,
Order No. 758, 138 FERC ] 61,094, clarification denied, 139 FERC ]
61,227 (2012).
---------------------------------------------------------------------------
I. Background
A. Regulatory Background
2. Section 215 of the FPA requires a Commission-certified ERO to
develop mandatory and enforceable Reliability Standards, subject to
Commission review and approval.\3\ Once approved, the Reliability
Standards may be enforced by the ERO subject to Commission oversight,
or by the Commission independently.\4\ In 2006, the Commission
certified NERC as the ERO pursuant to FPA section 215.\5\
---------------------------------------------------------------------------
\3\ 16 U.S.C. at 824o(c) and (d).
\4\ See id. at 824o(e).
\5\ North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006), aff'd
sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
---------------------------------------------------------------------------
3. In 2007, the Commission approved an initial set of Reliability
Standards submitted by NERC, including initial versions of four
protection system and load-shedding-related maintenance standards: PRC-
005-1, PRC-008-0, PRC-011-0, and PRC-017-0.\6\ In addition, the
Commission directed NERC to develop a revision to PRC-005-1
incorporating a maximum time interval during which to conduct
maintenance and testing of protection systems, and to consider
combining into one standard the various maintenance and testing
requirements for all of the maintenance and testing-related standards
for protection systems, underfrequency load shedding (UFLS) equipment
and undervoltage load shedding (UVLS) equipment.
---------------------------------------------------------------------------
\6\ Mandatory Reliability Standards for the Bulk Power System,
Order No. 693, FERC Stats. & Regs. ] 31,242, at PP 1474, 1492, 1497,
and 1514, order on reh'g, Order No. 693-A, 120 FERC ] 61,053 (2007).
---------------------------------------------------------------------------
4. In February 2012, the Commission issued Order No. 758 in
response to NERC's request for approval of its interpretation of
Requirement R1 of the then-current version of the protection system
maintenance standard, Reliability Standard PRC-005-1. In that order,
the Commission accepted NERC's proposed interpretation of Requirement
R1, which interpretation provided guidance on the types of protection
system equipment to which the Reliability Standard did or did not
apply. In reviewing NERC's interpretation, the Commission raised
several concerns about potential gaps in the coverage of PRC-005-1,
including a concern that the standard as written may not include all
components that serve in some protective capacity.\7\
---------------------------------------------------------------------------
\7\ See Order No. 758, 138 FERC ] 61,094 at P 12. NERC has
addressed the Commission's concerns stated in Order No. 758 through
a series of projects modifying the PRC-005 standard. See Protection
System Maintenance Reliability Standard, Order No. 793, 145 FERC ]
61,253 (2013) (approving Reliability Standard PRC-005-2, which
incorporated specific minimum maintenance activities and maximum
time intervals for maintenance of individual components of the
protection systems and load shedding equipment affecting the bulk
electric system); Protection System Maintenance Reliability
Standard, Order No. 803,150 FERC ] 61,039 (2015) (approving PRC-005-
3 and directing NERC to develop a modification to include
maintenance and testing of supervisory relays associated with
relevant autoreclosing relay schemes).
---------------------------------------------------------------------------
B. NERC Petition and Proposed Standard PRC-005-4
5. On December 18, 2014, NERC submitted a petition seeking approval
of proposed Reliability Standard PRC-005-4, which would add to the
applicability of Reliability Standard PRC-005-3 those sudden pressure
relays that NERC has identified as having a potential effect on the
reliable operation of the Bulk-Power System.\8\ NERC states that these
revisions were developed to satisfy NERC's commitment to develop
modifications to PRC-005 that would address the Commission's concerns,
as set out in Order No. 758, regarding the lack of maintenance
requirements for non-electrical sensing relays (such as sudden pressure
relays) that could affect the reliable operation of the Bulk-Power
System.\9\
---------------------------------------------------------------------------
\8\ Proposed Reliability Standard PRC-005-4 is not attached to
the NOPR; however, the complete text of the proposed Reliability
Standard is available on the Commission's eLibrary document
retrieval system in Docket No. RM15-9-000 and is posted on NERC's
Web site, available at: https://www.nerc.com.
\9\ See NERC Petition at 3, 9.
---------------------------------------------------------------------------
6. NERC states that sudden pressure relays ``are designed to
quickly detect faults on the Bulk-Power System transformer equipment
that may remain undetected by other Protection Systems, and can operate
to limit any potential damage on the equipment.'' \10\ NERC
[[Page 22446]]
states that the ``misoperation of sudden pressure relays that initiate
tripping in response to fault conditions can impact the reliability of
the Bulk-Power System,'' and accordingly proposes revisions to PRC-005-
3 that will require entities to document and implement programs for
maintenance of applicable sudden pressure relays.\11\
---------------------------------------------------------------------------
\10\ Id. at 3. NERC describes sudden pressure relays as relays
which ``respond to changes in pressure and are utilized as
protective devices for power transformers,'' and which may ``detect
rapid changes in gas pressure, oil pressure, or oil flow that are
indicative of faults within the transformer equipment.'' Id. at 13.
NERC notes that in addition to detecting faults, certain sudden
pressure relays can trip the associated transformer circuitry in
response to the fault conditions.
\11\ Id. at 3-4.
---------------------------------------------------------------------------
7. NERC explains that, consistent with Order No. 758, NERC's System
Protection and Control Subcommittee (SPCS) performed a technical study
``to determine which devices that respond to non-electrical quantities
should be addressed within PRC-005 identified devices.'' \12\ NERC
states that the SPCS considered a broad range of devices that respond
to non-electrical quantities, starting with the list of ninety-four
devices included in the IEEE Standard Electrical Power System Device
Function Numbers, then applying ``multiple layers of analysis to each
device to select the ones that can affect the reliability of the Bulk-
Power System.'' \13\ The SPCS first determined that only those devices
that initiate action to clear faults or mitigate abnormal system
conditions presented a risk to the Bulk-Power System. Next, the SPCS
eliminated those devices that were ``previously considered as a result
of the revised definition of Protection System or those that are
clearly not protective devices, such as primary equipment and control
devices.'' \14\ Finally, the SPCS conducted an in-depth analysis of the
remaining devices, and concluded that only one category--sudden
pressure relays that are utilized in a trip application--should be
included in the revised PRC-005-4.
---------------------------------------------------------------------------
\12\ Id. at 4.
\13\ Id. at 10.
\14\ Id.
---------------------------------------------------------------------------
8. NERC also explains that the SPCS developed a Supplemental Report
in response to comments and questions about its initial recommendations
from the Commission staff. These comments and questions focused on
whether PRC-005 should include turbine generator vibration monitors and
circuit breaker arc extinguishing systems.\15\ The SPCS Supplemental
Report, issued on October 31, 2014, examined these two kinds of devices
and provided information on events during which these devices operated
or failed to operate. The Supplemental Report concluded that neither
device affected the reliable operation of the Bulk-Power System.
---------------------------------------------------------------------------
\15\ NERC Petition at 11, Ex. E, Sudden Pressure Relays and
Other Devices that Respond to Non-Electrical Quantities:
Supplemental Information to Support Project 2007-17.3: Protection
System Maintenance and Testing, NERC SPCS (Oct. 31, 2014) (SPCS
Supplemental Report).
---------------------------------------------------------------------------
9. NERC states that the standard drafting team that was tasked with
developing the modifications to PRC-005 in response to Order No. 758
adopted the SPCS Report's recommendations, both as to the scope of
additional relays included, and as to the required minimum maintenance
activities and maximum maintenance intervals for these relays.
10. NERC maintains that proposed Reliability Standard PRC-005-4
will enhance reliability by extending the coverage of an applicable
entity's protection system maintenance program to include sudden
pressure relaying components. NERC further maintains that the proposed
standard satisfies the Commission's concerns as raised in Order No. 758
``by including . . . sudden pressure relays that detect [a] fault on
Bulk-Power System transformer equipment and trip in response to fault
conditions, as recommended by the SPCS Report.'' \16\
---------------------------------------------------------------------------
\16\ NERC Petition at 12.
---------------------------------------------------------------------------
11. NERC explains that proposed Reliability Standard PRC-005-4 has
been modified to include a new definition for ``Sudden Pressure
Relaying,'', as well as four revised definitions as part of an
applicable entity's protection system maintenance program.\17\ NERC
further explains that the proposed standard would include a sudden
pressure relay that trips an interrupting device to isolate the
equipment it is monitoring, but ``does not include other non-electric
sensing devices, pressure relays that only initiate an alarm, or
pressure relief devices.'' \18\ In addition, NERC explains that the
revised standard replaces the term ``Special Protection System'' with
the term ``Remedial Action Scheme,'' to align the standard with NERC's
employment of the latter term moving forward, and revises Applicability
section 4.2.6.1 to address how the largest BES generating unit would be
determined in circumstances involving a Reserve Sharing Group.
---------------------------------------------------------------------------
\17\ NERC proposes to modify the definitions of Protection
System Maintenance Program, Component Type, Component, and Countable
Event to reflect the addition of sudden pressure relays to the scope
of a required maintenance program. NERC Petition at 15-16.
\18\ Id. at 18.
---------------------------------------------------------------------------
12. NERC's proposed implementation plan for PRC-005-4 incorporates
the phased-in implementation period approved for PRC-005-2, which has a
twelve year phase-in period, with the addition of compliance dates for
the new requirements for applicable sudden pressure relays. NERC asks
that PRC-005-4 become effective the first day of the first calendar
quarter following Commission approval. Reliability Standard PRC-005-3
would be retired immediately prior to PRC-005-4 becoming effective.
13. NERC explains that the evidence retention period for PRC-005-4
is shorter than that required in the preceding versions of the
standard, as it requires entities to maintain records for one
maintenance cycle, rather than two cycles, if the interval of the
maintenance activity is longer than the audit cycle. For maintenance
activities where the interval is shorter than the audit cycle,
documentation is to be retained for all maintenance activities since
the previous audit.
14. NERC states that the violation risk factors proposed in PRC-
005-4 track those in previous versions of the standard, and that the
violation severity levels have been revised to include the additional
component (sudden pressure relays) in a manner consistent with the
approach taken for PRC-005-3.
II. Discussion
15. Pursuant to section 215(d)(2) of the FPA, the Commission
proposes to approve Reliability Standard PRC-005-4, as well as the new
definition of Sudden Pressure Relaying, the four revised definitions
referenced in the proposed standard, the assigned violation risk
factors and violation severity levels, and the proposed implementation
plan. We believe that proposed Reliability Standard PRC-005-4 will
enhance reliability by requiring the inclusion of sudden pressure
relays of certain criteria that are utilized in a trip application as
part of the protection system maintenance program, and by requiring
entities to undertake minimum required maintenance activities at
maximum defined maintenance intervals.
16. NERC has relied on the SPCS's determination that the only non-
electrical sensing devices that can impact reliable operation of the
Bulk-Power System are the sudden pressure relays that can detect rapid
changes in gas pressure, oil pressure, or oil flow that are indicative
of faults within the transformer equipment, and can trip associated
transformer circuitry to isolate the transformer and limit the
potential damage of the equipment. We agree that these relays should be
included in an adequate protection system maintenance program.
17. However, we continue to have some concern that the misoperation
of other types of non-electrical sensing relays or devices, such as
pressure
[[Page 22447]]
sensing devices associated with air blast or SF6 circuit breaker arc
extinguishing systems, could affect the reliable operation of the Bulk-
Power System. These non-electrical sensing devices are utilized in this
context to give an indication that the circuit breaker may be unable to
operate as designed on the Bulk-Power System. With regard to these
types of devices, the SPCS stated that, ``there is no operating
experience in which misoperation of a density switch or sensor [i.e,
pressure sensing device] in response to a system disturbance has
contributed to a cascading event.'' \19\ However, we expect Commission
staff to continue exploring this issue with NERC, particularly in light
of the findings in NERC's 2014 and 2013 State of Reliability reports
that AC substation equipment failures remain among the leading causes
of Bulk Power System problems.
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\19\ SPCS Supplemental Report at 4.
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III. Information Collection Statement
18. The following collection of information contained in this
Notice of Proposed Rulemaking is subject to review by the Office of
Management and Budget (OMB) under section 3507(d) of the Paperwork
Reduction Act of 1995 (PRA).\20\ OMB's regulations require approval of
certain information collection requirements imposed by agency
rules.\21\ 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 of a rule will not be penalized for
failing to respond to these collections of information unless the
collections of information display a valid OMB control number.
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\20\ 44 U.S.C. 3507(d) (2006).
\21\ 5 CFR 1320.11 (2012).
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19. We solicit comments on the Commission's 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.
20. The Commission proposes to approve Reliability Standard PRC-
005-4, which will replace PRC-005-3 (Protection System and Automatic
Reclosing Maintenance). The proposed Reliability Standard expands the
existing standard to cover sudden pressure relays that meet certain
criteria, thereby imposing mandatory minimum maintenance activities and
maximum maintenance intervals for the applicable relays. Because the
specific requirements were designed to reflect common industry
practice, entities are not expected to experience a meaningful change
in actual maintenance and documentation practices. However, each
applicable entity will have to perform a one-time review of sudden
pressure relays that detect rapid changes in gas pressure, oil
pressure, or oil flow that are indicative of faults within transformer
equipment, and, if it has applicable sudden pressure relay devices,
review current maintenance programs to ensure that they meet the
requirements of proposed standard PRC-005-4. Accordingly, all
additional information collection costs are expected to be limited to
the first year of implementation of the revised standard.
21. Proposed Reliability Standard PRC-005-4 reduces the evidence
retention requirements approved in previously-approved versions of the
standard, and now requires entities to maintain documentation of
maintenance activities for only one maintenance cycle (a maximum of
twelve years) if the maintenance interval is longer than the audit
cycle. For maintenance activities where the interval is shorter than
the audit cycle, documentation is to be retained for all maintenance
activities since the previous audit. While the potential data retention
requirement exceeds the three-year period that is routinely allowed for
regulations requiring record retention under the OMB regulations
implementing the PRA,\22\ the maximum evidence retention period has
been reduced from 24 years to a maximum of 12 years as a result of the
Commission's prior request for comment on the reasonableness of the
evidence retention period in earlier versions of the standard, and
appears to reflect the minimum time needed to ensure compliance with
maintenance requirements.\23\
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\22\ See 5 CFR 1320.5(d)(2)(iv).
\23\ See Order No. 803, 150 FERC ] 61,039 at PP 37-38.
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22. Public Reporting Burden: Affected entities must perform a one-
time review of their existing sudden pressure relay schemes and
associated maintenance programs to ensure that the programs contain at
a minimum the activities required by Reliability Standard PRC-005-4. If
the existing maintenance program does not meet the criteria in
Reliability Standard PRC-005-4, the entity will have to make certain
adjustments to the program.
23. Our estimate below assumes that the number of unique applicable
entities (distribution providers, generator owners and transmission
owners, or a combination of those) in the United States is
approximately 1,287 \24\ and the time required to do the one-time
review will be approximately eight hours. The estimate further assumes
that the one-time review would be performed by an engineer at a rate of
$65.34 per hour.\25\
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\24\ This figure reflects the generator owners, transmission
owners, and distribution providers identified in the NERC Compliance
Registry as of February 27, 2015.
\25\ The figure is taken from the Bureau of Labor Statistics at
https://www.bls.gov/oes/current/naics2_22.htm; Occupation Code: 17-
2071).
RM15-9-000 (Mandatory Reliability Standards: Reliability Standard PRC-005-4)
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Total annual
Number of Annual number Total number Average burden burden hours Cost per
respondents of responses of responses (hours) cost total annual respondent ($)
per respondent per response cost
(1) (2) (1)*(2) = (3) (4) (3)*(4) = (5) (5) / (1)
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One-time review of sudden pressure relay maintenance 1,287 1 1,287 8 10,296 $523
program and adjustment................................. $523 $673,101
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[[Page 22448]]
Title: FERC-725P1,\26\ Mandatory Reliability Standards: Reliability
Standard PRC-005-4.
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\26\ The FERC-725P1 is a temporary collection established so the
Commission can submit this proposed rulemaking to OMB on time.
However, the burden contained in this rulemaking should be contained
in FERC-725G (OMB Control No. 1902-0252). Commission staff plans
eventually to move this burden to FERC-725G.
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Action: Proposed Collection of Information.
OMB Control No: To be determined.
Respondents: Business or other for-profit and not-for-profit
institutions.
Frequency of Responses: One time.
Necessity of the Information: The proposed Reliability Standard
PRC-005-4, 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 proposal would ensure that
transmission and generation protection systems affecting the
reliability of the bulk electric system are maintained and tested.
24. Internal review: The Commission has reviewed revised
Reliability Standard PRC-005-4 and made a determination that approval
of this standard is necessary to implement section 215 of the FPA. The
Commission has assured itself, by means of its internal review, that
there is specific, objective support for the burden estimates
associated with the information requirements.
25. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
Office of the Executive Director, 888 First Street NE., Washington, DC
20426 [Attention: Ellen Brown, email: DataClearance@ferc.gov, phone:
(202) 502-8663, fax: (202) 273-0873].
26. 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
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at the
following email address: oira_submission@omb.eop.gov. Please reference
the docket number of this Notice of Proposed Rulemaking (Docket No.
RM15-9-000) in your submission.
IV. Regulatory Flexibility Act Analysis
27. The Regulatory Flexibility Act of 1980 (RFA) \27\ generally
requires a description and analysis of Proposed Rules that will have
significant economic impact on a substantial number of small entities.
Proposed Reliability Standard PRC-005-4 is expected to impose an
additional, one-time burden on 1,287 entities (distribution providers,
generator owners, and transmission owners, or a combination thereof).
Comparison of the applicable entities with FERC's small business data
indicates that approximately 789 of the 1,287 entities are small
entities, or 61.31 percent of the respondents affected by this proposed
Reliability Standard.\28\
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\27\ 5 U.S.C. 601-12. The number of small distribution providers
required to comply with PRC-005-4 may decrease significantly. In
March 2015, the Commission approved revisions to the NERC Rules of
Procedure to implement NERC's ``risk based registration'' program,
which raised the registry threshold for distribution providers from
a 25 MW to 75 MW peak load. North American Electric Reliability
Corp., 150 FERC ] 61,213 (2015).
\28\ The Small Business Administration sets the threshold for
what constitutes a small business. Public utilities may fall under
one of several different categories, each with a size threshold
based on the company's number of employees, including affiliates,
the parent company, and subsidiaries. For the analysis in this NOPR,
we are using a 500 employee threshold for each affected entity. Each
entity is classified as Electric Bulk Power Transmission and Control
(NAICS code 221121).
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28. On average, each small entity affected may have a one-time cost
of $523, representing a one-time review of the program for each entity,
consisting of 8 man-hours at $65.34/hour, as explained above in the
information collection statement. We do not consider this cost to be a
significant economic impact for small entities. Accordingly, the
Commission certifies that proposed Reliability Standard PRC-005-4 will
not have a significant economic impact on a substantial number of small
entities. The Commission seeks comment on this certification.
V. Environmental Analysis
29. 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.\29\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\30\ The actions proposed
herein fall within this categorical exclusion in the Commission's
regulations.
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\29\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
\30\ 18 CFR 380.4(a)(2)(ii).
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VI. Comment Procedures
30. 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 22, 2015. Comments must refer to
Docket No. RM15-9-000, and must include the commenter's name, the
organization they represent, if applicable, and address.
31. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
32. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
33. 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
34. 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 the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
35. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number of this
[[Page 22449]]
document excluding the last three digits in the docket number field.
36. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Issued: April 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-09228 Filed 4-21-15; 8:45 am]
BILLING CODE 6717-01-P
