Geomagnetic Disturbance Reliability Standard; Reliability Standard for Transmission System Planned Performance for Geomagnetic Disturbance Events, 60347-60360 [2018-25678]
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
and is committed to considering other
meritorious requests for relief.
[FR Doc. 2018–25602 Filed 11–23–18; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 35
[Docket Nos. RM16–5–000; RM16–5–001;
RM16–23–000; AD16–20–000]
Non-Discriminatory Open Access
Transmission Tariff; Corrections
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Correcting amendment.
AGENCY:
This document corrects one
section of the regulations of the Federal
Energy Regulatory Commission, as
published in the Federal Register on
March 6, 2018. This correction restores
regulatory text that was inadvertently
replaced with other regulatory text
adopted in another, later final rule.
DATES: Effective November 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Anne Marie Hirschberger, Office of the
General Counsel, Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426, (202) 502–
8387, annemarie.hirschberger@ferc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
1. On November 17, 2016, the Federal
Energy Regulatory Commission
(Commission) issued Order No. 831
concerning offer caps in Regional
Transmission Organization (RTO) and
Independent System Operator (ISO)
markets,1 which was published in the
Federal Register on December 5, 2016.
Order No. 831 amended 18 CFR 35.28
by adding new paragraph (g)(9).
2. On November 9, 2017, the
Commission issued Order No. 831–A,2
which was published in the Federal
Register on November 16, 2017. Order
No. 831–A further revised 18 CFR
35.28(g)(9) regarding offer caps.
3. On February 15, 2018, the
Commission issued Order No. 841
concerning electric storage participation
in RTO/ISO markets,3 which was
1 Offer
Caps in Markets Operated by Regional
Transmission Organizations and Independent
System Operators, Order No. 831, FERC Stats. &
Regs. ¶ 31,387 (2016) (cross-referenced at 157 FERC
¶ 61,115), order on reh’g and clarification, Order
No. 831–A, 82 FR 53403 (Nov. 16, 2017), FERC
Stats. & Regs. ¶ 31,394 (2017).
2 Order No. 831–A, FERC Stats. & Regs. ¶ 31,394.
3 Electric Storage Participation in Markets
Operated by Regional Transmission Organizations
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published in the Federal Register on
March 6, 2018. Order No. 841 amended
18 CFR 35.28(g) by adding a further new
paragraph, which was also numbered
(g)(9).4 As a result, the regulatory text
adopted in Order No. 841 incorrectly
replaced—rather than added to—the
regulatory text adopted in Order Nos.
831 and 831–A.
4. In this Correcting Amendment, 18
CFR 35.28(g) is corrected by restoring
the regulatory text from Order Nos. 831
and 831–A as new paragraph 18 CFR
35.28(g)(11). Nothing in this Correcting
Amendment is intended to alter any
previous compliance requirements or
effective dates established under Order
Nos. 831, 831–A, or 841, nor does this
Correcting Amendment affect any tariff
changes previously accepted by the
Commission in compliance with these
orders.
List of Subjects in 18 CFR Part 35
Electric power rates, Electric utilities,
Non-discriminatory open access
transmission tariffs.
By the Commission. Commissioner
McIntyre is not voting on this order.
Issued: November 16, 2018.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, 18
CFR part 35 is corrected by making the
following correcting amendments:
60347
Operators must cap cost-based
incremental energy offers at $2,000/
MWh. The actual or expected costs
underlying a resource’s cost-based
incremental energy offer above $1,000/
MWh must be verified before that offer
can be used for purposes of calculating
Locational Marginal Prices. If a resource
submits an incremental energy offer
above $1,000/MWh and the actual or
expected costs underlying that offer
cannot be verified before the market
clearing process begins, that offer may
not be used to calculate Locational
Marginal Prices and the resource would
be eligible for a make-whole payment if
that resource is dispatched and the
resource’s actual costs are verified afterthe-fact. A resource would also be
eligible for a make-whole payment if it
is dispatched and its verified cost-based
incremental energy offer exceeds
$2,000/MWh. All resources, regardless
of type, are eligible to submit cost-based
incremental energy offers in excess of
$1,000/MWh.
[FR Doc. 2018–25584 Filed 11–23–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
[Docket Nos. RM18–8–000 and RM15–11–
003; Order No. 851]
1. The authority citation for part 35
continues to read as follows:
Geomagnetic Disturbance Reliability
Standard; Reliability Standard for
Transmission System Planned
Performance for Geomagnetic
Disturbance Events
■
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Amend § 35.28 by adding a new
paragraph (g)(11) to read as follows:
■
§ 35.28 Non-discriminatory open access
transmission tariff.
*
*
*
*
*
(g) * * *
(11) A resource’s incremental energy
offer must be capped at the higher of
$1,000/MWh or that resource’s costbased incremental energy offer. For the
purpose of calculating Locational
Marginal Prices, Regional Transmission
Organizations and Independent System
and Independent System Operators, Order No. 841,
83 FR 9580 (Mar. 6, 2018), FERC Stats. & Regs. ¶
31,398 (2018) (cross-referenced at 162 FERC ¶
61,127).
4 On February 28, 2018, the Commission issued
an Errata Notice for Order No. 841. Electric Storage
Participation in Markets Operated by Regional
Transmission Organizations and Independent
System Operators, Errata Notice, Docket Nos.
RM16–23–000, AD16–20–000 (Feb. 28, 2018).
Among other things, the Errata Notice revised 18
CFR 35.28(g)(9).
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Federal Energy Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
approves Reliability Standard TPL–007–
2 (Transmission System Planned
Performance for Geomagnetic
Disturbance Events). The North
American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization, submitted Reliability
Standard TPL–007–2 for Commission
approval. The Commission also directs
NERC to develop and submit
modifications to Reliability Standard
TPL–007–2: To require the development
and implementation of corrective action
plans to mitigate assessed supplemental
GMD event vulnerabilities; and to
authorize extensions of time to
implement corrective action plans on a
SUMMARY:
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case-by-case basis. In addition, the
Commission accepts the revised GMD
research work plan submitted by NERC.
DATES: This rule will become effective
January 25, 2019.
FOR FURTHER INFORMATION CONTACT:.
Michael Gandolfo (Technical
Information), Office of Electric
Reliability, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6817, Michael.Gandolfo@ferc.gov.
Matthew Vlissides (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, (202) 502–8408,
Matthew.Vlissides@ferc.gov.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the
Federal Power Act (FPA), the
Commission approves Reliability
Standard TPL–007–2 (Transmission
System Planned Performance for
Geomagnetic Disturbance Events).1 The
North American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization (ERO), submitted
Reliability Standard TPL–007–2 for
Commission approval in response to
directives in Order No. 830.2 As
discussed in this final rule, we
determine that Reliability Standard
TPL–007–2 better addresses the risks
posed by geomagnetic disturbances
(GMDs) to the Bulk-Power System,
particularly with respect to the potential
impacts of locally-enhanced GMD
events, than currently-effective
Reliability Standard TPL–007–1 and
complies with the Commission’s
directives in Order No. 830.
2. GMD events occur when the sun
ejects charged particles that interact
with and cause changes in the earth’s
magnetic fields. GMD events have the
potential to cause severe, wide-spread
impacts on the Bulk-Power System.3
Currently-effective Reliability Standard
TPL–007–1 requires applicable entities
to assess the vulnerability of their
transmission systems to a ‘‘benchmark
GMD event.’’ An applicable entity that
does not meet certain performance
requirements, based on the results of the
benchmark GMD vulnerability
assessment, must develop and
1 16
U.S.C. 824o.
Standard for Transmission System
Planned Performance for Geomagnetic Disturbance
Events, Order No. 830, 156 FERC ¶ 61,215, (2016)
reh’g denied, Order No. 830–A, 158 FERC ¶ 61,041
(2017).
3 Reliability Standards for Geomagnetic
Disturbances, Order No. 779, 143 FERC ¶ 61,147,
at P 3, reh’g denied, 144 FERC ¶ 61,113 (2013); see
also Reliability Standard TPL–007–2, Background.
2 Reliability
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implement a corrective action plan to
achieve the performance requirements.
3. The improvements in Reliability
Standard TPL–007–2 are responsive to
the directives in Order No. 830: (1) To
revise the benchmark GMD event
definition, as it pertains to the required
GMD vulnerability assessments and
transformer thermal impact
assessments, so that the definition is not
based solely on spatially-averaged data;
(2) to require the collection of necessary
geomagnetically induced current (GIC)
monitoring and magnetometer data; and
(3) to include a one-year deadline for
the completion of corrective action
plans and two- and four-year deadlines
to complete mitigation actions involving
non-hardware and hardware
mitigation.4 As discussed below,
Reliability Standard TPL–007–2
complies with these directives and
improves upon the currently-effective
version of the Reliability Standard by
requiring applicable entities to: (1) In
addition to the benchmark GMD event
requirements, conduct supplemental
GMD vulnerability assessments and
thermal impact assessments, which
apply a new supplemental GMD event
definition that does not rely solely on
spatially-averaged data; (2) obtain GIC
and magnetometer data; and (3) meet
the Commission-directed deadlines for
the development and completion of
tasks in corrective action plans.
Accordingly, pursuant to section
215(d)(2) of the FPA, we approve
Reliability Standard TPL–007–2.5
4. In addition, as discussed in the
Notice of Proposed Rulemaking, we
determine that it is appropriate,
pursuant to section 215(d)(5) of the
FPA,6 to direct NERC to develop and
submit modifications to Reliability
Standard TPL–007–2 to require the
development and completion of
corrective action plans to mitigate
assessed supplemental GMD event
vulnerabilities.7 As discussed below,
requiring corrective action plans for
supplemental GMD event vulnerabilities
is appropriate to ensure the reliability of
the Bulk-Power System when
confronted with locally-enhanced GMD
events, just as corrective action plans
are necessary to mitigate the effects of
benchmark GMD events. Based on the
4 ‘‘Spatial averaging’’ refers to the averaging of
magnetometer readings over a geographic area. In
developing the benchmark GMD event definition,
the standard drafting team averaged several (but not
all) geomagnetic field readings taken by
magnetometers located within square geographical
areas of 500 km per side.
5 16 U.S.C. 824o(d)(2).
6 Id. 824o(d)(5).
7 Geomagnetic Disturbance Reliability Standard,
Notice of Proposed Rulemaking, 83 FR 23854 (May
23, 2018), 163 FERC ¶ 61,126 (2018) (NOPR).
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record in this proceeding, we discern no
technical barriers to either developing
or complying with such a requirement.
Moreover, the record supports issuance
of a directive at this time
notwithstanding comments in response
to the NOPR advocating postponement
of any directive until after the
completion of additional GMD research.
As discussed below, the relevant GMD
research tasks are scheduled to be
completed before the modified
Reliability Standard must be submitted.
The Commission directs NERC to
submit the modified Reliability
Standard for approval within 12 months
from the effective date of Reliability
Standard TPL–007–2.
5. We also determine that it is
appropriate, pursuant to section
215(d)(5) of the FPA, to direct that
NERC modify the provision in
Reliability Standard TPL–007–2,
Requirement R7.4 that allows applicable
entities to exceed deadlines for
completing corrective action plan tasks
when ‘‘situations beyond the control of
the responsible entity [arise].’’ The
NOPR raised concerns regarding the
appropriateness of a self-executing
deadline extension and observed that it
was inconsistent with guidance in Order
No. 830 that extension requests be
considered on a case-by-case basis.8 We
recognize the point made in NERC’s
comments in response to the NOPR that,
under NERC’s proposal, ‘‘NERC and
Regional Entity staff would exercise
their authority to review the
reasonableness of any Corrective Action
Plan delay, including reviewing the
‘situations beyond the control of the
responsible entity’ that are cited as
causing the delay’’ and that
Requirement R7.4 is ‘‘not so flexible
. . . as to allow entities to extend
Corrective Action Plan deadlines
indefinitely or for any reason
whatsoever.’’ 9 While we generally agree
with the standard of review that NERC
states it will use to assess the merits of
extension requests, we conclude that
such assessments should be made before
any time extensions are permitted. By
requiring prior approval of extension
requests, the modified Reliability
Standard will limit the potential for
unwarranted delays in implementing
corrective action plans while also
providing NERC with an advance and
more holistic understanding of where,
to whom, and for how long, extensions
are granted. We expect that the
extension process developed by NERC
in response to our directive will be
timely and efficient such that applicable
8 Order
9 NERC
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No. 830, 156 FERC ¶ 61,215 at P 102.
Comments at 20–21.
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entities will receive prompt responses
after submitting to NERC or a Regional
Entity, as appropriate, the extension
request and associated information
described in Requirement R7.4.10 We
also direct NERC, as proposed in the
NOPR, to prepare and submit a report
addressing how often and why
applicable entities are exceeding
corrective action plan deadlines as well
as the disposition of extension requests,
which is due within 12 months from the
date on which applicable entities must
comply with the last requirement of
Reliability Standard TPL–007–2.
Following receipt of the report, the
Commission will determine whether
further action is necessary.
6. The Commission, as discussed
below, also accepts the revised GMD
research work plan submitted by NERC
on April 19, 2018.11
I. Background
A. Section 215 and Mandatory
Reliability Standards
7. Section 215 of the FPA requires the
Commission to certify an ERO to
develop mandatory and enforceable
Reliability Standards, subject to
Commission review and approval. Once
approved, the Reliability Standards may
be enforced in the United States by the
ERO, subject to Commission oversight,
or by the Commission independently.12
local earth conductivity.17 Geomagnetic
latitude is the proximity to earth’s
magnetic north and south poles, as
opposed to earth’s geographic poles.18
Local earth conductivity is the ability of
the earth’s crust to conduct electricity at
a certain location to depths of hundreds
of kilometers down to the earth’s
mantle. Local earth conductivity
impacts the magnitude (i.e., severity) of
the geoelectric fields that are formed
during a GMD event by, all else being
equal, a lower earth conductivity
resulting in higher geoelectric fields.19
9. GICs can flow in an electric power
system with varying intensity
depending on the various factors
discussed above. As explained in the
Background section of Reliability
Standard TPL–007–2, ‘‘[d]uring a GMD
event, geomagnetically-induced currents
(GIC) may cause transformer hot-spot
heating or damage, loss of Reactive
Power sources, increased Reactive
Power demand, and Misoperation(s), the
combination of which may result in
voltage collapse and blackout.’’
C. Currently-Effective Reliability
Standard TPL–007–1 and Order No. 830
1. Currently-Effective Reliability
Standard TPL–007–1
10. Reliability Standard TPL–007–1
consists of seven requirements and
applies to planning coordinators,
transmission planners, transmission
owners and generation owners who own
or whose planning coordinator area or
B. GMD Primer
transmission planning area includes a
power transformer with a high side,
8. GMD events occur when the sun
ejects charged particles that interact and wye-grounded winding connected at
200 kV or higher.
cause changes in the earth’s magnetic
11. Requirement R1 requires planning
fields.13 Once a solar particle is ejected,
coordinators and transmission planners
it can take between 17 to 96 hours
(i.e., ‘‘responsible entities’’) to
(depending on its energy level) to reach
earth.14 A geoelectric field is the electric determine the individual and joint
responsibilities in the planning
potential (measured in volts per
coordinator’s planning area for
kilometer (V/km)) on the earth’s surface
maintaining models and performing
and is directly related to the rate of
studies needed to complete the GMD
15
change of the magnetic fields. The
vulnerability assessment required in
geoelectric field has an amplitude and
Requirement R4. Requirement R2
direction and acts as a voltage source
requires responsible entities to maintain
that can cause GICs to flow on long
system models and GIC system models
conductors, such as transmission
needed to complete the GMD
lines.16 The magnitude of the geoelectric vulnerability assessment required in
field amplitude is impacted by local
Requirement R4. Requirement R3
factors such as geomagnetic latitude and requires each responsible entity to have
criteria for acceptable system steady
10 NOPR, 163 FERC ¶ 61,126 at P 50.
state voltage performance for its system
11 North American Electric Reliability
during the GMD conditions described in
Corporation, Filing, Docket No. RM15–11–003 (filed
Attachment 1 of Reliability Standard
Apr. 19, 2018) (Revised GMD Research Work Plan).
12 16 U.S.C. 824o(e).
TPL–007–1. Requirement R4 requires
13 See NERC, 2012 Special Reliability Assessment
Interim Report: Effects of Geomagnetic Disturbances
on the Bulk Power System at i–ii (February 2012).
14 Id. at ii.
15 Id.
16 Id.
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17 NERC,
Benchmark Geomagnetic Disturbance
Event Description, Docket No. 15–11–000, at 4
(filed June 28, 2016) (2016 NERC White Paper).
18 Id.
19 Id.
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60349
responsible entities to conduct a GMD
vulnerability assessment every 60
months using the benchmark GMD
event described in Attachment 1.
Requirement R5 requires responsible
entities to provide GIC flow
information, based on the benchmark
GMD event definition, to be used in the
transformer thermal impact assessments
required in Requirement R6, to each
transmission owner and generator
owner that owns an applicable
transformer within the applicable
planning area. Requirement R6 requires
transmission owners and generator
owners to conduct thermal impact
assessments on solely and jointly owned
applicable transformers where the
maximum effective GIC value provided
in Requirement R5 is 75 Amperes per
phase (A/phase) or greater. Requirement
R7 requires responsible entities to
develop corrective action plans if the
GMD vulnerability assessment
concludes that the system does not meet
the performance requirements in Table
1 of Reliability Standard TPL–007–1.
12. Calculation of the benchmark
GMD event, against which applicable
entities must assess their facilities, is
fundamental to compliance with
Reliability Standard TPL–007–1.
Reliability Standard TPL–007–1,
Requirement R3 states that ‘‘[e]ach
responsible entity, as determined in
Requirement R1, shall have criteria for
acceptable System steady state voltage
performance for its System during the
benchmark GMD event described in
Attachment 1.’’
13. Reliability Standard TPL–007–1,
Attachment 1 states that the benchmark
GMD event is composed of four
elements: (1) A reference peak
geoelectric field amplitude of 8 V/km
derived from statistical analysis of
historical magnetometer data; (2) a
scaling factor to account for local
geomagnetic latitude; (3) a scaling factor
to account for local earth conductivity;
and (4) a reference geomagnetic field
time series or wave shape to facilitate
time-domain analysis of GMD impact on
equipment. The product of the first
three elements is referred to as the
regional peak geoelectric field
amplitude. The benchmark GMD event
defines the geoelectric field values used
to compute GIC flows for a GMD
vulnerability assessment, which is
required in Reliability Standard TPL–
007–1.20
20 See Reliability Standard TPL–007–1,
Requirements R4 and R5. Reliability Standard TPL–
007–1 does not set a threshold amount of GIC flow
that would constitute a vulnerable transformer.
However, if a transformer is calculated to
experience a maximum effective GIC flow during a
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14. For the purpose of determining a
benchmark event that specifies what
severity GMD events a responsible
entity must assess for potential impacts
on the Bulk-Power System, NERC
determined that a 1-in-100 year GMD
event would cause an 8 V/km reference
peak geoelectric field amplitude at 60
degree north geomagnetic latitude using
Que´bec’s earth conductivity.21 Scaling
factors (i.e., multiplying values) are
applied to this reference peak
geoelectric field amplitude to adjust the
8 V/km value for different geomagnetic
latitudes (scaling factors between 0.1
and 1.0) and earth conductivities
(scaling factors between 0.21 and 1.17).
NERC identified a reference
geomagnetic field time series from an
Ottawa, Ontario magnetic observatory
during a 1989 GMD storm affecting
Que´bec. NERC used this to estimate a
time series (i.e., 10-second values over
a period of days) of the geoelectric field
that is representative of what is
expected to occur at 60 degree
geomagnetic latitude during a 1-in-100
year GMD event. Such a time series is
used in some methods of calculating the
vulnerability of a transformer to damage
from heating caused by GIC.
15. NERC used field measurements
taken from the International Monitor for
Auroral Geomagnetic Effects (IMAGE)
magnetometer chain, which consists of
39 magnetometer stations in Northern
Europe, for the period 1993–2013 to
calculate the reference peak geoelectric
field amplitude. As described in the
2016 NERC White Paper, to arrive at a
reference peak geoelectric field
amplitude of 8 V/km, NERC ‘‘spatially
averaged’’ four different station groups
each spanning a square area of
approximately 500 km (roughly 310
miles) in width.
2. Order No. 830
16. On January 21, 2015, NERC
submitted for Commission approval
Reliability Standard TPL–007–1 in
response to the directive in Order No.
779 that NERC develop one or more
Reliability Standards to address the
effects of GMD events on the electric
grid.22 In Order No. 830, the
Commission approved Reliability
Standard TPL–007–1, concluding that
benchmark GMD event of a least 75 A/phase, a
thermal impact assessment of that transformer is
required. See Reliability Standard TPL–007–1,
Requirement R6.
21 NERC used Que
´ bec as the location for the
reference peak 1-in-100 year GMD event because of
its proximity to 60 degree geomagnetic latitude and
its well understood earth model. By creating scaling
factors, each entity can scale this reference peak
geoelectric field and geoelectric field time series
values to match its own expected field conditions.
22 Order No. 779, 144 FERC ¶ 61,113 at P 54.
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Reliability Standard TPL–007–1
addressed the Commission’s directive
by requiring applicable Bulk-Power
System owners and operators to
conduct, on a recurring five-year cycle,
initial and ongoing vulnerability
assessments regarding the potential
impact of a benchmark GMD event on
the Bulk-Power System as a whole and
on Bulk-Power System components. In
addition, the Commission determined
that Reliability Standard TPL–007–1
requires applicable entities to develop
and implement corrective action plans
to mitigate vulnerabilities identified
through those recurring vulnerability
assessments and that potential
mitigation strategies identified in
Reliability Standard TPL–007–1
include, but are not limited to, the
installation, modification or removal of
transmission and generation facilities
and associated equipment.
17. In Order No. 830, the Commission
also determined that Reliability
Standard TPL–007–1 should be
modified. Specifically, Order No. 830
directed NERC to develop and submit
modifications to Reliability Standard
TPL–007–1 concerning: (1) The
calculation of the reference peak
geoelectric field amplitude component
of the benchmark GMD event definition;
(2) the collection and public availability
of necessary GIC monitoring and
magnetometer data; and (3) deadlines
for completing corrective action plans
and the mitigation measures called for
in corrective action plans. Order No.
830 directed NERC to develop and
submit these revisions for Commission
approval within 18 months of the
effective date of Order No. 830.
18. With respect to the calculation of
the reference peak geoelectric field
amplitude component of the benchmark
GMD event definition, Order No. 830
expressed concern with relying solely
on spatial averaging in Reliability
Standard TPL–007–1 because ‘‘the use
of spatial averaging in this context is
new, and thus there is a dearth of
information or research regarding its
application or appropriate scale.’’ 23
While Order No. 830 directed that the
peak geoelectric field amplitude should
not be based solely on spatiallyaveraged data, the Commission
indicated that this ‘‘directive should not
be construed to prohibit the use of
spatial averaging in some capacity,
particularly if more research results in
a better understanding of how spatial
averaging can be used to reflect actual
GMD events.’’ 24
23 Order
24 Id.
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D. NERC Petition and Reliability
Standard TPL–007–2
19. NERC states that Reliability
Standard TPL–007–2 enhances
currently-effective Reliability Standard
TPL–007–1 by addressing reliability
risks posed by GMDs more effectively
and implementing the directives in
Order No. 830.25 NERC asserts that
Reliability Standard TPL–007–2 reflects
the latest in GMD understanding and
provides a technically sound and
flexible approach to addressing the
concerns discussed in Order No. 830.
NERC contends that the proposed
modifications enhance reliability by
expanding GMD vulnerability
assessments to include severe, localized
impacts and by implementing deadlines
and processes to maintain
accountability in the development,
completion, and revision of corrective
action plans developed to address
identified vulnerabilities. Further,
NERC states that the proposed
modifications improve the availability
of GMD monitoring data that may be
used to inform GMD vulnerability
assessments.
20. Reliability Standard TPL–007–2
modifies currently-effective Reliability
Standard TPL–007–1 by requiring
applicable entities to: (1) Conduct
supplemental GMD vulnerability and
transformer thermal impact assessments
in addition to the existing benchmark
GMD vulnerability and transformer
thermal impact assessments required in
Reliability Standard TPL–007–1; (2)
collect data from GIC monitors and
magnetometers as necessary to enable
model validation and situational
awareness; and (3) develop necessary
corrective action plans within one year
from the completion of the benchmark
GMD vulnerability assessment, include
a two-year deadline for the
implementation of non-hardware
mitigation, and include a four-year
deadline to complete hardware
mitigation.26
21. In particular, Reliability Standard
TPL–007–2 modifies Requirements R1
(identification of responsibilities), R2
(system and GIC system models) and R3
(criteria for acceptable System steady
state) to extend the existing
requirements pertaining to benchmark
GMD assessments to the new
supplemental GMD assessments.
25 Reliability Standard TPL–007–2 is not attached
to this final rule. Reliability Standard TPL–007–2 is
available on the Commission’s eLibrary document
retrieval system in Docket No. RM18–8–000 and on
the NERC website, www.nerc.com.
26 Unless otherwise indicated, the requirements
of Reliability Standard TPL–007–2 are substantively
the same as the requirements in currently-effective
Reliability Standard TPL–007–1.
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Reliability Standard TPL–007–2 adds
the newly mandated supplemental GMD
vulnerability and transformer thermal
impact assessments in new
Requirements R8 (supplemental GMD
vulnerability assessment), R9 (GIC flow
information needed for supplemental
GMD thermal impact assessments) and
R10 (supplemental GMD thermal impact
assessments). The supplemental GMD
event definition contains a higher, nonspatially-averaged reference peak
geoelectric field amplitude component
than the benchmark GMD event
definition (12 V/km versus 8 V/km).
These three new requirements largely
mirror existing Requirements R4, R5,
and R6 that currently apply, and
continue to apply, only to benchmark
GMD vulnerability and transformer
thermal impact assessments.27
22. In addition, Reliability Standard
TPL–007–2 includes two other new
requirements, Requirements R11 and
R12, that require applicable entities to
gather GIC monitoring data
(Requirement R11) and magnetometer
data (Requirement R12).
23. Reliability Standard TPL–007–2
modifies existing Requirement R7
(corrective action plans) to create a oneyear deadline for the development of
corrective action plans and two and
four-year deadlines to complete actions
involving non-hardware and hardware
mitigation, respectively, for
vulnerabilities identified in the
benchmark GMD assessment. The
modifications to Requirement R7
include a provision allowing for
extension of deadlines if ‘‘situations
beyond the control of the responsible
entity determined in Requirement R1
prevent implementation of the
[corrective action plan] within the
timetable for implementation.’’
E. NOPR
24. On May 17, 2018, the Commission
issued a NOPR that proposed to approve
Reliability Standard TPL–007–2 as the
Reliability Standard largely addresses
the directives in Order No. 830.
However, the NOPR identified two
aspects of Reliability Standard TPL–
007–2 that are inconsistent with Order
No. 830: (1) The lack of any requirement
to develop and implement corrective
action plans in response to assessed
supplemental GMD event
vulnerabilities; and (2) a general
allowance, per proposed Requirement
27 An exception is the qualifying threshold for
transformers required to undergo thermal impact
assessments: For the supplemental GMD assessment
the qualifying threshold for transformers is a
maximum effective GIC value of 85 A/phase while
the threshold for benchmark GMD event
assessments is 75 A/phase.
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R7.4, of extensions of time to complete
corrective action plans as opposed to
permitting extensions of time on a caseby-case basis.
25. Having identified these issues, the
NOPR proposed to direct NERC,
pursuant to section 215(d)(5) of the
FPA, to develop and submit
modifications to Reliability Standard
TPL–007–2 to require applicable entities
to develop and implement corrective
action plans to mitigate vulnerabilities
discovered through supplemental GMD
vulnerability assessments. The NOPR
proposed to direct NERC to submit the
modified Reliability Standard for
approval within 12 months from the
effective date of Reliability Standard
TPL–007–2. The NOPR also sought
comment on two options for addressing
the Commission’s concerns regarding
the potential for undue delay of
mitigation because of the proposed
time-extension process in Requirement
R7.4: (1) Direct NERC to bring
Reliability Standard TPL–007–2 into
alignment with Order No. 830 through
a process whereby NERC or Regional
Entities consider extensions on a caseby-case basis using the information that
must be submitted under Requirement
R7.4; or (2) approve the proposed
provision without directing
modifications. Under either option,
NERC would prepare and submit a
report regarding how often and why
applicable entities are exceeding
corrective action plan deadlines
following implementation of Reliability
Standard TPL–007–2.28
26. The Commission received NOPR
comments from nine entities. We
address below the issues raised in the
NOPR and comments as well as NERC’s
revised GMD research work plan and
the comments submitted in response.
The Appendix to this final rule lists the
entities that filed comments in both
matters.
II. Discussion
27. Pursuant to section 215(d)(2) of
the FPA, the Commission approves
Reliability Standard TPL–007–2 as just,
reasonable, not unduly discriminatory
or preferential, and in the public
interest. We conclude that Reliability
Standard TPL–007–2 is an improvement
over currently-effective Reliability
Standard TPL–007–1 and responds to
the directives in Order No. 830: (1) To
revise the benchmark GMD event
definition, as it pertains to the required
GMD Vulnerability Assessments and
transformer thermal impact
28 The NOPR proposed that the report, under the
first option, would also include statistics describing
how often extension requests were granted.
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60351
assessments, so that the definition is not
based solely on spatially-averaged data;
(2) to require the collection of necessary
GIC monitoring and magnetometer data;
and (3) to include a one-year deadline
for the completion of corrective action
plans and two and four-year deadlines
to complete mitigation actions involving
non-hardware and hardware mitigation,
respectively.29
28. Reliability Standard TPL–007–2
complies with the directives in Order
No. 830 by requiring, in addition to the
benchmark GMD event vulnerability
and thermal impact assessments,
supplemental GMD vulnerability and
thermal impact assessments. The
supplemental GMD event definition in
Reliability Standard TPL–007–2
contains a non-spatially-averaged
reference peak geoelectric field
amplitude component of 12 V/km, in
contrast to the 8 V/km figure in the
spatially-averaged benchmark GMD
event definition. As NERC explains in
its petition, the supplemental GMD
event will be used to ‘‘represent
conditions associated with localized
enhancement of the geomagnetic field
during a severe GMD event for use in
assessing GMD impacts.’’ 30 Reliability
Standard TPL–007–2 therefore
addresses the Commission’s directive to
modify currently-effective Reliability
Standard TPL–007–1 so that the
benchmark GMD event does not rely
solely on spatially-averaged data to
calculate the reference peak geoelectric
field amplitude.
29. As proposed in the NOPR,
pursuant to section 215(d)(5) of the
FPA, we also determine that it is
appropriate to direct NERC to develop
and submit modifications to Reliability
Standard TPL–007–2 to require the
development and completion of
corrective action plans to mitigate
assessed supplemental GMD event
vulnerabilities. Given that NERC has
acknowledged the potential for ‘‘severe,
localized impacts’’ associated with
supplemental GMD event
vulnerabilities, we see no basis for
requiring corrective action plans for
benchmark GMD events but not for
29 In its petition, NERC stated that it would
address the directive in Order No. 830 on the
collection of GIC monitoring and magnetometer
data through a forthcoming NERC data request to
applicable entities pursuant to Section 1600 of the
NERC Rules of Procedure rather than through a
Reliability Standard requirement. NERC Petition at
27. On February 7, 2018, NERC released a draft data
request for a 45-day comment period. The NERC
Board of Trustees (BOT) subsequently approved the
GMD data request at the August 2018 BOT meeting.
30 NERC Petition at 12.
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supplemental GMD events.31 Based on
the record in this proceeding, there
appear to be no technical barriers to
developing or complying with such a
requirement. Moreover, as discussed
below, the record supports issuance of
a directive at this time, notwithstanding
NOPR comments advocating
postponement of any directive until
after the completion of additional GMD
research, because relevant GMD
research is scheduled to be completed
before the due date for submitting a
modified Reliability Standard. The
Commission therefore adopts the NOPR
proposal and directs NERC to submit
the modified Reliability Standard for
approval within 12 months from the
effective date of Reliability Standard
TPL–007–2.
30. We also determine, pursuant to
section 215(d)(5) of the FPA, that it is
appropriate to direct that NERC develop
further modifications to Reliability
Standard TPL–007–2, Requirement
R7.4. Under NERC’s proposal,
applicable entities are allowed, without
prior approval, to exceed deadlines for
completing corrective action plan tasks
when ‘‘situations beyond the control of
the responsible entity [arise].’’ 32
Instead, as discussed below, we direct
NERC to develop a timely and efficient
process, consistent with the
Commission’s guidance in Order No.
830, to consider time extension requests
on a case-by-case basis. Our directive
balances the availability of time
extensions when applicable entities are
presented with the types of
uncontrollable delays identified in
NERC’s petition and NOPR comments
with the need to ensure that the
mitigation of known GMD
vulnerabilities is not being improperly
delayed through such requests. Further,
as proposed in the NOPR, we direct
NERC to prepare and submit a report
addressing how often and why
applicable entities are exceeding
corrective action plan deadlines as well
as the disposition of time extension
requests. The report is due within 12
31 NERC Petition at 4 (‘‘these revisions would
enhance reliability by expanding GMD
Vulnerability Assessments to include severe,
localized impacts and by implementing new
deadlines and processes to maintain accountability
in the development, completion, and revision of
entity Corrective Action Plans developed to address
identified vulnerabilities’’).
32 In the Supplemental Material section of
Reliability Standard TPL–007–2, examples of
situations beyond the control of the of the
responsible entity include, but are not limited to,
delays resulting from regulatory/legal processes,
such as permitting; delays resulting from
stakeholder processes required by tariff; delays
resulting from equipment lead times; or delays
resulting from the inability to acquire necessary
Right-of-Way.
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months from the date on which
applicable entities must comply with
the last requirement of Reliability
Standard TPL–007–2. Following receipt
of the report, the Commission will
determine whether further action is
necessary.
31. The Commission, as discussed
below, also accepts the revised GMD
research work plan submitted by NERC
on April 19, 2018.
A. Corrective Action Plan for
Supplemental GMD Event
Vulnerabilities NOPR
32. The NOPR proposed to determine
that the absence of a requirement to
mitigate assessed supplemental GMD
event vulnerabilities is inconsistent
with Order No. 830, and Order No. 779,
because the proposal does not require
‘‘owners and operators [to] develop and
implement a plan to protect against
instability, uncontrolled separation, or
cascading failures of the Bulk-Power
System.’’ 33
33. The NOPR explained that the
Commission was not persuaded by
NERC’s justification that technical
limitations—specifically the small
number of observations used to define
the supplemental GMD event and the
availability of modeling tools to assist
entities in assessing vulnerabilities—
make requiring mitigation premature at
this time.34 The NOPR, instead,
accepted NERC’s statement that the
supplemental GMD event definition
‘‘provides a technically justified method
of assessing vulnerabilities to the
localized peak effects of severe GMD
events.’’ 35 The NOPR also observed that
mitigation of supplemental GMD event
vulnerabilities is appropriate because
Reliability Standard TPL–007–2: (1)
Does not prescribe how applicable
entities must perform such studies, and
thus may incorporate any uncertainties
regarding the geographic size of such
events into their studies; (2) there are
commercially-available tools that could
allow for modeling of supplemental
GMD events; and (3) other methods
could be used within the framework of
the Reliability Standard to study
planning areas (e.g., superposition or
sensitivity studies) in conjunction with
other power system modeling tools. The
NOPR further recognized that research
33 NOPR,
163 FERC ¶ 61,126 at P 32.
Commission also rejected the assertion in
NERC’s petition that an evaluation of possible
actions for supplemental GMD events that result in
Cascading is similar to the treatment of extreme
events in Reliability Standard TPL–001–4
(Transmission System Planning Performance
Requirements).
35 NOPR, 163 FERC ¶ 61,126 at P 35 (quoting
NERC Petition at 13).
34 The
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tasks under way pursuant to the GMD
research work plan that are relevant to
the supplemental GMD event definition
are scheduled to be completed in 2019
and the results of such research should
inform the work of the standard drafting
team.
Comments
34. NERC does not support the
proposed directive. NERC maintains
that the provision in Requirement R8.3
that requires applicable entities to
evaluate possible actions designed to
reduce the likelihood or mitigate the
adverse impacts of a supplemental GMD
event ‘‘is not merely advisory, but rather
supports a range of potential mitigating
actions, such as additional hardware
mitigation, operating procedures, or
other resilience actions to enhance
recovery and restoration.’’ 36 NERC
expounds on this by noting that the
requirement to consider mitigation in
Reliability Standard TPL–007–2 ‘‘would
directly support mitigation that is
required by [Reliability Standard EOP–
010–1].’’ 37 NERC also contends that it
‘‘anticipates that the Corrective Action
Plans, when needed to address
performance requirements for the
benchmark GMD event, will also
provide a large degree of protection to
the Bulk-Power System for events with
locally-enhanced geomagnetic fields.’’ 38
35. NERC’s comments reiterate the
rationale in its petition that requiring
mitigation ‘‘would result in the de facto
replacement of the benchmark GMD
event with the proposed supplemental
GMD event.’’ 39 NERC maintains that
‘‘while the supplemental GMD event is
strongly supported by data and analysis
in ways that mirror the benchmark GMD
event, there are aspects of it that are less
definitive than the benchmark GMD
event and less appropriate as the basis
of requiring Corrective Action Plans.’’ 40
NERC also claims that the uncertainty of
geographic size of the supplemental
GMD event could not be addressed
adequately by sensitivity analysis or
through other methods because there are
‘‘inherent sources of modeling
uncertainty (e.g., earth conductivity
model, substation grounding grid
resistance values, transformer thermal
and magnetic response models) . . .
[and] introducing additional variables
36 NERC
Comments at 9.
at 10.
38 Id. at 11.
39 Id. at 11–12; see also id. at 14 (‘‘many entities
would likely employ the most conservative
approach for conducting supplemental GMD
Vulnerability Assessments, which would be to
apply extreme peak values uniformly over an entire
planning area’’).
40 Id. at 13.
37 Id.
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for sensitivity analysis, such as the size
of the localized enhancement, may not
improve the accuracy of GMD
Vulnerability Assessments.’’ 41 NERC
further states that ‘‘commerciallyavailable modeling tools now advertise
capabilities that could be used to model
localized GMD enhancements, [but] to
NERC’s knowledge these capabilities
have not been used extensively by
planners, nor have the different software
tools been benchmarked for consistency
in results.’’ 42
36. NERC contends that completing
the GMD work plan is a better
alternative to the NOPR directive.
Moreover, NERC states that it ‘‘commits
to initiate a review of TPL–007–2
following the completion of the GMD
Research Work Plan to evaluate whether
the standard continues to be supported
by the available knowledge or whether
additional refinements are necessary
. . . [which] could result in
modifications to, or additional support
for, the proposed supplemental GMD
event, and thereby inform what the
TPL–007 standard should require in
terms of mitigation based on
supplemental GMD Vulnerability
Assessments.’’ 43 In response to the
NOPR’s statement that the results of the
GMD research work plan may inform
the work of the standard drafting team
tasked with carrying out the
Commission’s proposed directive, NERC
comments state that ‘‘it expects that the
last of the project’s deliverables will be
ready by early 2020 . . . [but] [a]ny
scientific research project schedule,
however, must account for the
possibility that additional time may be
needed to explore potential findings or
amend project approaches to provide
more useful results.’’ 44 NERC states that
while the technical report for Task 1 is
scheduled to be completed by the fourth
quarter of 2019 according to the revised
GMD research work plan, NERC
estimates that it will file a report with
the Commission, after allowing a period
of public comment, six months later
(i.e., mid-2020).45
37. Trade Associations, Idaho Power,
NE ISO, TVA and BPA do not support
41 Id.
at 15.
42 Id.
43 Id.
at 18.
at 17.
45 Revised GMD Research Work Plan at 5 (‘‘NERC
expects to submit [informational filings with the
Commission] approximately six months following
EPRI’s completion of the associated technical
report(s)’’); id., Attachment 1 (Order No. 830 GMD
Research Work Plan (April 2018)) at 7 (identifying
‘‘Q4 2019’’ as the estimated completion date of
‘‘Final technical report to provide additional
technical support for the existing supplementary
(localized) benchmark; or, propose update to the
benchmark, as appropriate’’).
44 Id.
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the proposed directive. They contend
that requiring corrective action plans for
supplemental GMD event
vulnerabilities: (1) May be premature
given the limited data regarding
localized GMD events; (2) would
address low-probability events that are
unlikely to affect a wide area; and (3)
could impose costs on applicable
entities that outweigh the potential
benefits of such a directive. Like NERC,
these commenters support completing
the GMD research work plan before
considering mandating corrective action
plans for supplemental GMD event
vulnerabilities. Idaho Power, moreover,
contends that it would be better for
registered entities to gain experience
with corrective action plans for
benchmark GMD events before
mandating corrective action plans for
supplemental GMD events. Trade
Associations state that instead of the
NOPR directive, any Commission
directive should be limited to requiring
NERC to develop ‘‘a study of the
mitigation measures deployed and the
effectiveness of these measures to
mitigate benchmark GMD events before
mandating mitigation measures on more
localized events.’’ 46 Similarly, BPA
maintains that instead of the NOPR
directive, in order to assess the costs
and benefits of requiring corrective
action plans for supplemental GMD
events, the Commission should require
NERC to file periodic reports on
supplemental GMD events and the
possible actions to mitigate them.
38. Resilient Societies and
Reclamation support the NOPR
directive. Reclamation states, and
Resilient Societies concurs, that ‘‘[a]n
exercise to only identify vulnerabilities
arising from localized GMD events is
not a cost-effective use of resources
unless accompanied by activities to
mitigate the identified
vulnerabilities.’’ 47
Commission Determination
39. Pursuant to section 215(d)(5) of
the FPA, the Commission adopts the
NOPR proposal and directs NERC to
develop and submit modifications to
Reliability Standard TPL–007–2 to
require corrective action plans for
assessed supplemental GMD event
vulnerabilities. While Reliability
Standard TPL–007–2 requires
applicable entities to assess
supplemental GMD event
vulnerabilities, it does not require
corrective action plans to address
assessed vulnerabilities. Instead,
46 Trade
Associations Comments at 12.
Comments at 1; Resilient Societies
Comments at 3.
60353
Reliability Standard TPL–007–2,
Requirement R8.3 only requires
applicable entities to make ‘‘an
evaluation of possible actions to reduce
the likelihood or mitigate the
consequences and adverse impacts of
the events if a supplemental GMD event
is assessed to result in Cascading.’’ As
the Commission observed in the NOPR,
NERC’s proposal differs significantly
from Order No. 830 because the intent
of the directive was not only to identify
vulnerabilities arising from localized
GMD events but also to mitigate such
vulnerabilities.
40. The comments opposing the
NOPR directive offer two rationales for
approving Reliability Standard TPL–
007–2 without directing modifications
at this time: (1) Reliability Standard
TPL–007–2 provides sufficient
protection against supplemental GMD
event vulnerabilities; and (2) requiring
mitigation of supplemental GMD events
is premature at this time.
41. With respect to the first rationale,
NERC observes that the provision
requiring applicable entities to consider
supplemental GMD event mitigation is
not ‘‘merely advisory.’’ However, there
is no dispute that an applicable entity
must ‘‘consider’’ mitigation under
Reliability Standard TPL–007–2. What
is significant is that after having done
so, an applicable entity has no
obligation under Reliability Standard
TPL–007–2 to implement mitigation
even if the applicable entity
‘‘considered’’ mitigation necessary to
address an assessed supplemental GMD
event vulnerability.
42. NERC also maintains that
Reliability Standard EOP–010–1
requires transmission operators to
‘‘develop, maintain, and implement a
GMD Operating Procedure or Operating
Process to mitigate the effects of GMD
events on the reliable operation of its
respective system.’’ And in Order No.
779, the Commission determined that
‘‘while the development of the required
mitigation plan [for benchmark GMD
event vulnerabilities] cannot be limited
to considering operational procedures or
enhanced training alone, operational
procedures and enhanced training may
be sufficient if that is verified by the
vulnerability assessments.’’ 48 Again,
NERC’s point does not resolve the
Commission’s concern because
Reliability Standard EOP–010–1 does
not ensure mitigation of all
supplemental GMD event vulnerabilities
assessed under Reliability Standard
TPL–007–2. That is because: (1)
Reliability Standard EOP–010–1
applies, in relevant part, only to
47 Reclamation
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48 Order
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transmission operators (viz., it does not
apply to other applicable entity types,
such as planning coordinators,
transmission planners and generator
owners, subject to Reliability Standard
TPL–007–2); and (2) Reliability
Standard EOP–010–1 does not require
mitigation if the supplemental GMD
event vulnerability cannot be addressed
through operational procedures or
enhanced training alone. Thus,
Reliability Standard EOP–010–1 does
not ensure satisfactory mitigation or
provide an adequate substitute for
mitigation as contemplated in Order No.
830.
43. In addition, NERC asserts that the
required mitigation of benchmark GMD
event vulnerabilities could also address
supplemental GMD event
vulnerabilities. Of course that may
occur in some circumstances, but that is
not a substitute for requiring mitigation
to the extent that benchmark GMD event
mitigation does not completely address
a supplemental GMD event
vulnerability. Under Reliability
Standard TPL–007–2 there is currently
no requirement to mitigate the
remaining vulnerability to the BulkPower System.
44. Regarding the second rationale in
the NOPR comments, NERC and other
commenters reiterate the assertion in
NERC’s petition that it would be
premature, from a technical standpoint,
to require corrective action plans to
address supplemental GMD event
vulnerabilities. As reflected in the
comment summary, these commenters
instead request that NERC complete the
GMD research work plan and then
produce a report that assesses the
possible need for modifications to
Reliability Standard TPL–007–2.
45. The NOPR discussed how a
standard drafting team could use new
information gathered through the GMD
research work plan to develop a
modified Reliability Standard. The
Commission noted that Task 1 of the
GMD research work plan (Further
Analyze Spatial Averaging Used in the
Benchmark GMD Event), which
encompasses localized GMD event
research, would be delivered in 2019
according to the most recent version of
the GMD research work plan (i.e., the
revised GMD research work plan). The
NOPR stated that ‘‘[s]uch GMD research
on localized events should inform the
standard development process and aid
applicable entities when implementing
a modified Reliability Standard.’’ 49
While we appreciate that the
informational filing for Task 1 may not
be submitted to the Commission prior to
the deadline for submitting a modified
Reliability Standard, the underlying
research in Task 1 is scheduled to be
completed before then. As such, the
standard drafting team and personnel
working on the GMD research work plan
could operate in parallel and share
information to ensure that research
relevant to the Commission’s directive
is incorporated into the modified
Reliability Standard. Thus we are not
persuaded by the comments seeking a
delay of our directive.
46. We are not persuaded by the other
points raised by commenters to support
their assertion that requiring corrective
action plans is premature. First, NERC
assumes that under such a requirement
‘‘many’’ applicable entities will adopt a
‘‘conservative approach’’ and use the
supplemental GMD event definition in
all GMD vulnerability assessments, thus
effectively supplanting the benchmark
GMD event definition. NERC bases this
assumption on the standard drafting
team’s ‘‘extensive experience in system
planning and the relative immaturity of
tools and methods for modeling
localized enhancements.’’ 50 NERC
acknowledges the discussion in the
NOPR on how uncertainties regarding
the supplemental GMD event
definition—in particular the geographic
size of localized events—are
ameliorated by the flexibility afforded
by Reliability Standard TPL–007–2.
Specifically, Reliability Standard TPL–
007–2 permits applicable entities to
apply the supplemental GMD event
definition to an entire planning area or
any subset of a planning area. However,
NERC asserts that even with this
flexibility, at least some applicable
entities would default to using the
supplemental GMD event definition in
an overly-broad manner.
Notwithstanding NERC’s assertion,
nothing in Reliability Standard TPL–
007–2 requires applicable entities to
apply the supplemental GMD event
definition to an entire planning area or
otherwise supplant the benchmark GMD
event definition.
47. With respect to the statement in
the NOPR that modeling tools are
currently available to support corrective
action plans, NERC admits that ‘‘some
commercially-available modeling tools
now advertise capabilities that could be
used to model localized GMD
enhancements.’’ 51 However, NERC
contends that to its ‘‘knowledge these
capabilities have not been used
extensively by planners, nor have the
different software tools been
benchmarked for consistency in
50 NERC
49 NOPR,
163 FERC ¶ 61,126 at P 39.
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51 Id.
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at 15.
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result.’’ 52 Given that GMDs have only
recently been addressed in the
Reliability Standards and there is
currently no requirement to model and
assess, let alone mitigate, localized GMD
events, it is not unexpected that these
modeling tools have not been used
extensively for that purpose. Moreover,
NERC does not assert that existing tools
are incapable of performing the desired
modeling function.53 Thus, NERC’s
objections on this point are not
persuasive.
48. NERC does not offer support for
its comment in response to the NOPR’s
observation that sensitivity analysis can
serve, among other methods, as a
method to refine the geographic scope of
localized GMD impacts on planning
areas. NERC responds that it ‘‘does not
believe that concerns regarding the
uncertainty of the geographic size of the
supplemental GMD event could be
addressed adequately by sensitivity
analysis or though other methods in
planning studies.’’ 54 NERC claims there
are already inherent sources of
modeling uncertainty and that
introducing another variable, such as
the size of the localized enhancement,
‘‘may not improve the accuracy of the
GMD Vulnerability Analysis.’’ 55 And
yet NERC’s concern implies that the
benchmark GMD event contains a
geographic domain that does not itself
inject uncertainties. However, as the
Commission stated in Order No. 830,
the geographic area for spatial averaging
in the benchmark GMD event definition
is itself a ‘‘subjective’’ figure.56 Indeed,
in Order No. 830, as part of the GMD
research work plan directive, to address
the uncertainties surrounding the
geographic scale of spatial averaging,
the Commission directed that NERC
should ‘‘further analyze the area over
which spatial averaging should be
calculated for stability studies,
including performing sensitivity
analyses on squares less than 500 km
per side (e.g., 100 km, 200 km),’’ which
NERC is addressing in Task 1.57 As
52 Id.
at 15–16.
also Trade Associations Comments at 8
(‘‘Although current tools are available to model
localized events, we understand that such modeling
will require significant time as the processes
involved are still largely manual, making it difficult
to develop accurate, system-wide models that
appropriately consider the localized impacts of the
supplemental GMD event.’’).
54 NERC Comments at 15.
55 Id.
56 Order No. 830, 156 FERC ¶ 61,215 at P 45
(quoting Pulkkinen, A., Bernabeu, E., Eichner, J.,
Viljanen, A., Ngwira, C., ‘‘Regional-Scale HighLatitude Extreme Geoelectric Fields Pertaining to
Geomagnetically Induced Currents,’’ Earth, Planets
and Space at 2 (June 19, 2015)).
57 Id. P 26; see also revised GMD Research Work
Plan (Task 1) at 6 (‘‘further analyze the area over
53 See
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such, we see no basis, technical or
otherwise, for not requiring corrective
action plans for assessed supplemental
GMD event vulnerabilities while
requiring corrective action plans for
assessed benchmark GMD event
vulnerabilities consistent with the
Commission’s directions in Order Nos.
779 and 830. Accordingly, the
Commission is not persuaded by the
arguments of NERC and other
commenters for the reasons discussed
above, and directs that NERC develop
modifications to Reliability Standard
TPL–007–2 to require corrective action
plans for assessed supplemental GMD
event vulnerabilities.
B. Corrective Action Plan Deadline
Extensions
NOPR
49. The NOPR stated that
Requirement R7.4 of Reliability
Standard TPL–007–2 differs from Order
No. 830 by allowing applicable entities
to ‘‘revise’’ or ‘‘update’’ corrective
action plans to extend deadlines. This
provision contrasts with the guidance in
Order No. 830 that ‘‘NERC should
consider extensions of time on a caseby-case basis.’’ While agreeing that there
should be a mechanism for allowing
extensions of corrective action plan
implementation deadlines, the NOPR
expressed concern with unnecessary
delays in implementing protection
against GMD threats.
50. The NOPR identified two options
for addressing Requirement R7.4. Under
the first option, the Commission would,
pursuant to section 215(d)(5) of the
FPA, direct NERC to modify Reliability
Standard TPL–007–2 to comport with
Order No. 830, by requiring that NERC
and the Regional Entities, as
appropriate, consider requests for
extension of time on a case-by-case
basis. Under this option, responsible
entities seeking an extension would
submit the information required by
Requirement R7.4 to NERC and the
Regional Entities for their consideration
of the request. The Commission would
also direct NERC to prepare and submit
a report addressing the disposition of
any such requests, as well as
information regarding how often and
why applicable entities are exceeding
corrective action plan deadlines
following implementation of Reliability
Standard TPL–007–2. Under such a
directive, NERC would submit the
which spatial averaging should be used in stability
studies and transformer thermal assessments by
performing GIC analysis on squares less than 500
km per side (e.g., 100 km, 200 km) and using the
results to perform power flow and transformer
thermal assessments’’).
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report within 12 months from the date
on which applicable entities must
comply with the last requirement of
Reliability Standard TPL–007–2.
Following receipt of the report, the
Commission would determine whether
further action is necessary. Under the
second option, the Commission would
approve proposed Requirement R7.4 but
also direct NERC to prepare and submit
the report described in the first option
(without the statistics on disposition).
Following receipt of the report, the
Commission would determine whether
further action is necessary.
Comments
51. NERC supports the second option
in the NOPR. NERC contends that
Reliability Standard TPL–007–2
‘‘provides clarity and certainty
regarding when an entity may extend a
Corrective Action Plan mitigation
deadline and what steps must be
followed to maintain accountability and
thus compliance with the standard.’’ 58
NERC also maintains that the proposal
‘‘avoids the administrative burden,
uncertainty, and further delay that
could be associated with implementing
a new ERO adjudication process, such
as one that would be dedicated to
evaluating GMD Corrective Action Plan
deadline extensions on a case-by-case
basis. ’’ 59 To address concerns regarding
the possible abuse of deadline
extensions, NERC states that as ‘‘part of
the compliance monitoring and
enforcement activities for the proposed
standard, NERC and Regional Entity
staff would exercise their authority to
review the reasonableness of any
Corrective Action Plan delay, including
reviewing the ‘situations beyond the
control of the responsible entity’ that are
cited as causing the delay.’’ 60 As noted
in the Supplemental Material section of
Reliability Standard TPL–007–2, NERC
explains that examples of such
situations include ‘‘lengthy legal or
regulatory processes, stakeholder
processes required by tariff, or long
equipment lead times.’’ 61 NERC,
moreover, ‘‘agrees that a report
describing the results of NERC’s
monitoring of this provision could
provide useful information . . . [and]
therefore commits to prepare and
submit to the Commission a report that
describes how often and the reasons
why entities in the United States are
exceeding Corrective Action Plan
deadlines.’’ 62
58 NERC
Comments at 20.
60355
52. Trade Associations, BPA, ISO NE,
Idaho Power, and TVA support the
second option and echo the rationale for
adopting the second option in NERC’s
comments. Trade Associations explain
that while they previously supported a
case-by-case exception process, they
now believe NERC’s proposal to be more
efficient and effective. Trade
Associations contend that a case-by-case
approach would ‘‘only increase
administrative tasks for NERC and
applicable entities . . . [and] would
further delay any actions to mitigate
rather than expedite the approval
process.’’ 63 Trade Associations also
maintain that Reliability Standard TPL–
007–2 ‘‘will not delay mitigation
because this requirement is only
applicable if circumstances are beyond
the entity’s control.’’ 64
53. Reclamation does not appear to
support modifying Requirement R7 to
institute a case-by-case time extension
process. However, Reclamation
comments that the sub-requirement in
Requirement R7.4.1 requiring
documentation of reasons for delaying
corrective action plans should be
eliminated because it ‘‘is merely a
compliance exercise and does not
improve Bulk Electric System
reliability.’’ Reclamation makes the
same contention regarding the subrequirement in Requirement R7.4.2 that
a revised corrective action plan describe
the original corrective action plan.
Commission Determination
54. Reliability Standard TPL–007–2,
Requirement R7.4 differs from Order
No. 830 by allowing applicable entities,
under certain conditions, to extend
corrective action plan implementation
deadlines without prior approval. This
conflicts with the Commission’s
guidance in Order No. 830 that, using its
compliance discretion, ‘‘NERC should
consider extensions of time on a caseby-case basis.’’ 65 Based on our
consideration of the record, we believe
that the case-by-case review process
contemplated by Order No. 830 is the
appropriate means for considering
extension requests. Accordingly,
pursuant to section 215(d)(5) of the
FPA, we direct that NERC develop
modifications to Reliability Standard
TPL–007–2 to replace the timeextension provision in Requirement
R7.4 with a process through which
extensions of time are considered on a
case-by-case basis.
55. At the outset, we note that the
extension process in Requirement R7.4
59 Id.
60 Id.
63 Trade
61 Id.
at 20–21.
at 20.
62 Id. at 22.
64 Id.
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No. 830, 156 FERC ¶ 61,215 at P 102.
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
applies only to the implementation of
corrective action plans and not to the
development of corrective action
plans.66 NERC and other commenters
supportive of the second option in the
NOPR urge approval of Requirement
R7.4 without modification largely
because of the perceived uncertainty
and burden associated with treating
extension requests on a case-by-case
basis. While it is true that granting
extensions on a case-by-case basis
involves more uncertainty and potential
burdens versus the automatic extension
of time afforded by Requirement R7.4,
we must weigh this against the potential
for abuse of Requirement R7.4 to unduly
delay mitigation, as well as the delayed
visibility that NERC would have into the
deployment of needed GMD protections.
Presented with these competing
concerns, we conclude that the
imperative to address known GMD
vulnerabilities in a timely manner, and
without unwarranted delays, is more
compelling. We recognize that
applicable entities that have a legitimate
need for extensions require timely
responses from NERC and Regional
Entities, as appropriate. Accordingly,
we expect that the extension process
developed by NERC in response to our
directive will be timely and efficient
such that applicable entities will receive
prompt responses after submitting to
NERC or a Regional Entity, as
appropriate, the extension request and
associated information described in
Requirement R7.4.67
56. In reaching our determination on
this issue, we considered NERC’s NOPR
comments, which attempted to address
the concerns with Requirement R7.4
expressed in the NOPR, stating that
NERC and Regional Entity compliance
and enforcement staff will review the
reasonableness of any delay in
implementing corrective action plans,
including reviewing the asserted
‘‘situations beyond the control of the
responsible entity’’ cited by the
applicable entity, and by citing specific
examples of the types of delays that
might justify the invocation of
Requirement R7.4. NERC’s comments
also characterized Requirement R7.4 as
being ‘‘not so flexible . . . as to allow
entities to extend Corrective Action Plan
deadlines indefinitely or for any reason
whatsoever.’’ 68 We generally agree with
the standard of review that NERC
66 Reliability Standard TPL–007–2, Requirement
R7.4 (‘‘[t]he [corrective action plan] shall . . . [b]e
revised if situations beyond the control of the
responsible entity . . . prevent implementation of
the [corrective action plan] within the timetable for
implementation’’).
67 NOPR, 163 FERC ¶ 61,126 at P 50.
68 NERC Comments at 20.
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indicates it will use to determine
whether an extension of time to
implement a corrective action plan is
appropriate. However, the assessment of
whether an extension of time is
warranted is more appropriately made
before an applicable entity is permitted
to delay mitigation of a known GMD
vulnerability. While NERC indicates
that under proposed Requirement R7.4
there are compliance consequences for
improperly delaying mitigation,
mitigation of a known GMD
vulnerability will nonetheless have been
delayed, and we conclude it is
important that any proposed delay be
reviewed ahead of time. Therefore, we
direct NERC to modify Reliability
Standard TPL–007–2, Requirement R7.4
to develop a timely and efficient
process, consistent with the
Commission’s guidance in Order No.
830, to consider time extension requests
on a case-by-case basis.
57. We disagree with Reclamation’s
comment regarding Requirement R7.4.1,
which requires a description of the
circumstances necessitating mitigation
delays, because it is at odds with
NERC’s NOPR comments, discussed
above, in which NERC states that NERC
and Regional Entities will review the
reasons for delaying mitigation.
Contrary to Reclamation’s assertion that
this requirement is ‘‘merely a
documentation exercise and does not
improve [bulk electric system]
reliability,’’ unreasonable delays of
mitigation could harm bulk electric
system reliability by leaving it
vulnerable to GMDs. Moreover,
Requirement R7.4.2, also opposed by
Reclamation, requiring that revised
corrective action plans describe the
original and previous revisions,
provides compliance enforcement
authorities with a revision history of the
corrective action plan in a single
document, thus facilitating compliance
review.
C. Other Issues Raised in NOPR
Comments
58. Resilient Societies’ comments
raise three issues not addressed in the
NOPR. First, Resilient Societies
maintains that transformers that
experience an estimated GIC above 15
A/phase should be subject to mandatory
corrective action plans and the
Commission should ‘‘encourage owneroperators and their research partners to
develop ‘Corrective Action Plans’ for
both [extra high voltage] transformers
and for associated generation stations,
even if these long replacement-time
systems experience overstress at levels
significantly below 75 amps per phase.’’
Second, Resilient Societies states that
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Fmt 4700
Sfmt 4700
the Commission should encourage best
practices by industry beyond the
mandatory requirements of the
Reliability Standards, including
allowing cost recovery for such
practices. Third, Resilient Societies
states that the Commission should
address combined GMD and
electromagnetic pulse (EMP) protection.
59. In Order No. 830, the Commission
approved the 75 A/phase threshold in
Reliability Standard TPL–007–1 based
on the record and despite objections
from certain commenters. The
Commission, however, directed further
study of this issue as part of the GMD
research work plan. Resilient Societies’
comments provide no new basis for
revisiting this issue at this time.
Moreover, as reflected in the NOPR
proposal, NERC has adequately
supported the 85 A/phase threshold
proposed in Reliability Standard TPL–
007–2 for the supplemental GMD event
analysis. However, new information
resulting from the GMD research work
plan will also be relevant to this higher
threshold. We will consider such
research at the appropriate time.
60. In Order No. 830, the Commission
stated that ‘‘cost recovery for prudent
costs associated with or incurred to
comply with Reliability Standard TPL–
007–1 and future revisions to the
Reliability Standard will be available to
registered entities.’’ 69 It is therefore
beyond the scope of this proceeding to
determine, as a general matter, whether
voluntary measures beyond those
required to comply with the governing
Reliability Standards are eligible for cost
recovery. That said, jurisdictional
entities may of course pursue such
voluntary measures, and the
Commission would consider
appropriate cost recovery for those
investments through a formula rate or
other rate proceeding.
61. The Commission in previous
orders has indicated that the
Commission’s GMD proceedings are not
directed to EMPs and thus Resilient
Societies’ comments on EMP are out-ofscope.70
D. Revised GMD Research Work Plan
62. On April 19, 2018, NERC
submitted a revised GMD research work
plan in response to a Commission order
issued on October 19, 2017.71 In the
October 19 Order, the Commission
accepted the initial GMD research work
69 Order
70 See,
No. 830, 156 FERC ¶ 61,215 at P 24.
e.g., Order No. 830, 156 FERC ¶ 61,215 at
P 119.
71 Reliability Standard for Transmission System
Planned Performance for Geomagnetic Disturbance
Events, 161 FERC ¶ 61,048 (2017) (October 19
Order).
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plan filed by NERC on May 30, 2017.
The Commission also directed NERC to
file a final GMD research work plan
within six months and ensure that the
final GMD research work plan included
a reevaluation of reliance on single
station readings when adjusting for
latitude as part of the benchmark GMD
event definition. At NERC’s request, the
October 19 Order also provided
guidance on how NERC should
prioritize the tasks in the GMD research
work plan.
63. Bardin and Resilient Societies
submitted comments in response to the
revised GMD research work plan, which
largely focused on a request for
combined research on GMDs and EMPs.
As discussed above, however, EMPs are
outside the scope of the Commission’s
directive regarding GMD research.
Resilient Societies also submitted
comments criticizing aspects of five
tasks in the revised GMD research work
plan. With respect to Tasks 1, 2, 8 and
9, Resilient Societies’ criticism is based
on the contention that the ‘‘real-world
data’’ will not be used to verify models.
For example, Resilient Societies
contends that NERC will not use ‘‘realworld’’ GIC data to validate spatial
averaging (Task 1) or latitude scaling
(Task 2). These assertions, however, are
refuted by the revised GMD research
work plan. The revised GMD research
work plan indicates that the research on
spatial averaging includes an analysis of
‘‘a large number (10–20) of localized
extreme events and collection of both
ground-based and space-based data
around the times of these events.’’ 72 For
latitude scaling, the revised GMD
research work plan states that NERC
will evaluate the scaling factor ‘‘using
existing models and developing new
models to extrapolate, from historical
data, the potential scaling of a 1-in-100
year GMD event on lower geomagnetic
latitudes.’’ 73 In addition, NERC
indicates that the data gathered through
the Section 1600 data request ‘‘will help
validate various models used in
calculating GIC’s and assessing their
impacts in data systems.’’ 74
64. Resilient Societies other
comments are directed to an alleged
lack of specificity, granularity or
‘‘scientific assurance’’ in the testing
described in Tasks 5, 8 and 9 of the
revised GMD research work plan. These
criticisms are misplaced as they demand
an unreasonable degree of detail in the
revised GMD research work plan. For
example, regarding Task 5, NERC states
that it will ‘‘validate[e] existing
transformer tools with all data that is
presently available and with upcoming
field/laboratory test results.’’ 75 Resilient
Societies, however, contends
unpersuasively that ‘‘NERC neglects to
specify ‘all data that is presently
available’ . . . and the number of
transformers to be employed in
‘upcoming field laboratory test results’
and also neglects to disclose details of
the test protocols to be used.’’ 76
Regarding harmonics (Tasks 8 and 9),
Task 9 specifically includes ‘‘tank
vibration measurements,’’ not just
simulations.77 Moreover, Task 8
(Improving Harmonic Analysis
Capabilities) is intended to develop
more basic information than some of the
other tasks in the revised GMD research
work plan where industry has more
knowledge. As with all of the revised
GMD research work plan tasks (with the
exception of Task 6, which deals with
the Section 1600 data request), NERC
will submit a report to the Commission
on its findings.
65. As the revised GMD research work
plan complies with Order No. 830 and
the Commission’s October 19 Order, we
accept the revised GMD research work
plan.
III. Information Collection Statement
66. The collection of information
contained in this final rule is subject to
review by the Office of Management and
Budget (OMB) under section 3507(d) of
the Paperwork Reduction Act of 1995.78
OMB’s regulations require review and
approval of certain information
collection requirements imposed by
agency rules.79 Upon approval of a
collection of information, OMB will
assign an OMB control number and an
expiration date. Respondents subject to
the information collection requirements
of a rule will not be penalized for failing
to respond to the collection of
information unless the collection of
information displays a valid OMB
control number.
67. In the NOPR, the Commission
solicited comments 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,
75 Id.
72 Revised
GMD Research Work Plan, Attachment
1 (Order No. 830 GMD Research Work Plan (April
2018)) at 2.
73 Id. at 8.
74 Id. at 19.
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16:13 Nov 23, 2018
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at 17.
76 Resilient
Societies Comments on Revised GMD
Research Work Plan at 11.
77 Id. at 25.
78 44 U.S.C. 3507(d).
79 5 CFR part 1320 (2018).
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60357
including the use of automated
information techniques. Specifically,
the Commission asked that any revised
burden or cost estimates submitted by
commenters be supported by sufficient
detail to understand how the estimates
were generated. The Commission did
not receive any comments regarding the
Commission’s burden estimates.
68. The Commission approves
Reliability Standard TPL–007–2, which
replaces currently-effective Reliability
Standard TPL–007–1. When compared
to Reliability Standard TPL–007–1,
Reliability Standard TPL–007–2
maintains the current information
collection requirements, modifies
existing Requirements R1 through R7
and adds new requirements in
Requirements R8 through R12.
69. Reliability Standard TPL–007–2
includes new corrective action plan
development and implementation
deadlines in Requirement R7, new
supplemental GMD vulnerability and
transformer thermal impact assessments
in Requirements R8 through R10, and
requirements for applicable entities to
gather magnetometer and GIC monitored
data in Requirements R11 and R12.
Deadlines in Requirement R7 for the
development and implementation of
corrective action plans would only
change the timeline of such
documentation and are not expected to
revise the burden to applicable entities.
The burden estimates for new
Requirements R8 through R10 are
expected to be similar to the burden
estimates for Requirements R4 through
R6 in currently-effective Reliability
Standard TPL–007–1 due to the closelymirrored requirements.80 The
Commission expects that only 25
percent or fewer of transmission owners
and generator owners would have to
complete a supplemental transformer
thermal impact assessment per
Requirement R10. Requirements R11
and R12 require applicable entities to
have a process to collect GIC and
magnetometer data from meters in
planning coordinator planning areas.
Public Reporting Burden: The burden
and cost estimates below are based on
the changes to the reporting and
recordkeeping burden imposed by
Reliability Standard TPL–007–2. Our
estimates for the number of respondents
are based on the NERC Compliance
Registry as of March 3, 2018, which
indicates there are 183 entities
registered as transmission planner (TP),
65 planning coordinators (PC), 330
transmission owners (TO), 944 generator
owners (GO) within the United States.
However, due to significant overlap, the
80 NERC
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total number of unique affected entities
(i.e., entities registered as a transmission
planner, planning coordinator,
transmission owner or generator owner,
or some combination of these functional
entities) is 1,130 entities. This includes
188 entities that are registered as a
transmission planner or planning
coordinator (applicability for
Requirements R7 to R9 and R11 to R12),
and 1,119 entities registered as a
transmission or generation owner
(applicability for Requirement R10).
Given the assumption above, there is an
expectation that at most only 25 percent
of the 1,119 entities (or 280 entities) will
have to complete compliance activities
for Requirement R10. The estimated
burden and cost are as follow.81
FERC–725N, CHANGES DUE TO FINAL RULE IN DOCKET NO. RM18–8 82 83
Requirement (R)
Number and type
of respondents
(1)
Annual number of
responses per
respondent
(2)
Total number
of responses
(1) × (2) =
(3)
Average burden
hrs. & cost per
response
(4)
Total annual
burden hrs. & total
annual cost
(rounded)
(3) × (4) = (5)
R1 through R6 84 ...
R7 ..........................
No change ............
188 (PC and TP) ..
No change ............
1/5 (once for every
five year study).
No change ..
37.6 .............
R8 ..........................
188 (PC and TP) ..
1/5 (once for every
five year study).
37.6 .............
R9 ..........................
188 (PC and TP) ..
1/5 (once for every
five year study).
37.6 .............
R10 ........................
280 (25% of 1,119)
(GO and TO).
1/5 (once for every
five year study).
56 ................
No change ............
Rep. 5 hrs.,
$334.50; RK 5
hrs., $160.20.
Rep., 27 hrs.,
$1,806.30; RK,
21 hrs., $672.84.
Rep. 9 hrs.,
$602.10; RK 7
hrs., $224.28.
Rep. 22 hrs.,
$1,471.80; RK
18 hrs., $576.72.
R11 ........................
188 (PC and TP) ..
1 (on-going reporting).
188 ..............
Rep. 10 hrs., $669;
RK. 10 hrs.,
$320.40.
R12 ........................
188 (PC and TP) ..
1 (on-going reporting).
188 ..............
Rep. 10 hrs., $669;
RK. 10 hrs.,
320.40.
Total Additional
Hrs. and Cost
(rounded), due to
Final Rule in
RM18–8.
...............................
...............................
.....................
...............................
No change ............
Rep. 188 hrs.,
$12,577; RK 188
hrs., $6,023.
Rep. 1,015 hrs.,
$67,917; RK 790
hrs., $25,299.
Rep. 338 hrs.,
$22,639; RK 263
hrs., $8,432.
Rep. 1,232 hrs.,
$82,421; RK
1,008 hrs.,
$32,296.
Rep. 1,880 hrs.,
$125,772; RK
1,880 hrs.,
$60,235.
Rep. 1,880 hrs.
$125,772; RK
1,880 hrs.,
$60,235.
Rep., 6,533 hrs.,
$437,057; RK
6,009 hrs.,
$192,528.
Cost per
respondent ($)
(5) ÷ (1)
No change
Rep. 1 hr., $66.90;
RK 1 hr., $32.04
Rep., 5.4 hrs.,
$361.26; RK 4.2
hrs., $134.57
Rep. 1.8 hrs.,
$120.42; RK 1.4
hrs., $44.85
Rep. 4.4 hrs.,
$294.36; RK 3.6
hrs., $115.34
Rep. 10 hrs., $669;
RK 10 hrs.,
$320.40
Rep. 10 hrs., $669;
RK 10 hrs.,
$320.40
Title: FERC–725N, Mandatory
Reliability Standards: TPL Reliability
Standards
Action: Revisions to an existing
collection of information
OMB Control No: 1902–0264
Respondents: Business or other for
profit, and not for profit institutions.
Frequency of Responses: 85 Every five
years (for Requirement R7–R10),
annually (for Requirement R11 and
R12), and ongoing.
Necessity of the Information:
Reliability Standard TPL–007–2
implements 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 BulkPower System. Specifically, these
requirements address the threat posed
by GMD events to the Bulk-Power
System and conform to the
Commission’s directives to modify
Reliability Standard TPL–007–1 as
directed in Order No. 830.
Internal review: The Commission has
reviewed Reliability Standard TPL–007–
2, and made a determination that its
action 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.
70. 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
81 Hourly costs are based on the Bureau of Labor
Statistics (BLS) figures for May 2017 (Sector 22,
Utilities) for wages (https://www.bls.gov/oes/
current/naics2_22.htm) and benefits for December
2017 (https://www.bls.gov/news.release/
ecec.nr0.htm). We estimate that an Electrical
Engineer (NAICS code 17–2071) would perform the
functions associated with reporting requirements, at
an average hourly cost (for wages and benefits) of
$66.90 The functions associated with recordkeeping
requirements, we estimate, would be performed by
a File Clerk (NAICS code 43–4071) at an average
hourly cost of $32.04 for wages and benefits.
The estimated burden and cost are in addition to
the burden and cost that are associated with the
existing requirements in Reliability Standard TPL–
007–1 (and in the current OMB-approved
inventory), which would continue under Reliability
Standard TPL–007–2.
The requirements for NERC to provide reports to
the Commission and to develop and submit
modifications to Reliability Standard TPL–007–2
are already covered under FERC–725 (OMB Control
No. 1902–0225).
82 Rep.=reporting requirements; RKrecordkeeping requirements (Evidence Retention).
83 For each Reliability Standard, the Measure
shows the acceptable evidence (Reporting
Requirement) for the associated Requirement (R
numbers), and the Compliance section details the
related Recordkeeping Requirement.
84 While Reliability Standard TPL–007–2 extends
the requirements in existing Reliability Standard
TPL–007–1, Requirements R1 through R3 to the
newly required supplemental GMD event analyses,
the obligation to conduct the supplemental GMD
event analyses is found in Reliability Standard
TPL–007–2, Requirements R8 through R10.
85 The frequency of Requirements R1 through R6
in Reliability Standard TPL–007–2 is unchanged
from the existing requirements in Reliability
Standard TPL–007–1.
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
[Attention: Ellen Brown, email:
DataClearance@ferc.gov, phone: (202)
502–8663, fax: (202) 273–0873].
71. Comments concerning the
collection of information and the
associated burden estimate should be
sent to the Commission in this docket
and may also be sent to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW, Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission]. Due to
security concerns, comments should be
sent electronically to the following
email address: oira_submission@
omb.eop.gov. Comments submitted to
OMB should refer to FERC–725N and
OMB Control No. 1902–0264.
IV. Environmental Analysis
72. 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.86 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.87 The
actions here fall within this categorical
exclusion in the Commission’s
regulations.
V. Regulatory Flexibility Act
73. The Regulatory Flexibility Act of
1980 (RFA) 88 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The definition
of small business is provided by the
Small Business Administration (SBA) at
13 CFR 121.201. The threshold for a
small utility (using SBA’s sub-sector
221) is based on the number of
employees for a concern and its
affiliates. As discussed above,
Reliability Standard TPL–007–2 applies
to a total of 1,130 unique planning
coordinators, transmission planners,
transmission owners, and generation
owners.89 A small utility (and its
affiliates) is defined as having no more
than the following number of
employees:
• For planning coordinators,
transmission planners, and transmission
owners (NAICS code 221121, Electric
Bulk Power Transmission and Control),
a maximum of 500 employees
• for generator owners, a maximum of
750 employees.90
74. As estimated in the NOPR, the
total cost to all entities (large and small)
is $629,585 annually (or an average of
$1,345.27 for each of the estimated 468
entities affected annually). For the
estimated 280 generator owners and
transmission owners affected annually,
the average cost would be $409.70 per
year. For the estimated 188 planning
coordinators and transmission planners,
the estimated average annual cost would
be $2,738.84. The estimated annual cost
to each affected entity varies from
$409.70 to $2,738.84 and is not
considered significant. The Commission
did not receive any comments regarding
these burden and cost estimates.
75. Accordingly, the Commission
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities.
VI. Document Availability
76. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through
FERC’s Home Page (https://
60359
www.ferc.gov) and in FERC’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.
77. From FERC’s Home Page on the
internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
78. User assistance is available for
eLibrary and the FERC’s website during
normal business hours from FERC
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.
VII. Effective Date and Congressional
Notification
These regulations are effective
January 25, 2019. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. The rule will be
provided to the Senate, House,
Government Accountability Office, and
the SBA.
By the Commission. Commissioner
McIntyre is not voting on this order.
Issued: November 15, 2018.
Kimberly D. Bose,
Secretary.
Note: The following appendix will not
appear in the Code of Federal Regulations.
APPENDIX—LIST OF COMMENTERS
Abbreviation
Commenter
Bardin ..............................................
BPA .................................................
Idaho Power ....................................
ISO NE ............................................
NERC ..............................................
Reclamation ....................................
Resilient Societies ...........................
Trade Associations .........................
David Bardin.
Bonneville Power Administration.
Idaho Power Company.
ISO New England Inc.
North American Electric Reliability Corporation.
Bureau of Reclamation.
Foundation for Resilient Societies.
American Public Power Association, Edison Electric Institute, Electricity Consumers Resource Council,
Large Public Power Council, National Rural Electric Cooperative Association.
Tennessee Valley Authority.
TVA .................................................
86 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987) (crossreferenced at 41 FERC ¶ 61,284).
87 18 CFR 380.4(a)(2)(ii) (2018).
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88 5
U.S.C. 601–12.
the NERC Registry, there are approximately
65 PCs, 188 TPs, 944 GOs, and 330 TOs (in the
United States), which will be affected by this final
rule. Because some entities serve in more than one
role, these figures involve some double counting.
89 In
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90 The maximum number of employees for a
generator owner (and its affiliates) to be ‘‘small’’
varies from 250 to 750 employees, depending on the
type of generation (e.g., hydroelectric, nuclear,
fossil fuel, wind). For this analysis, we use the most
conservative threshold of 750 employees.
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60360
Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
[FR Doc. 2018–25678 Filed 11–23–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
II. Background Information and
Regulatory History
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0913]
RIN 1625–AA00
Safety Zone; Delaware River, Dredging
Operation Equipment Recovery,
Marcus Hook Range, Chester, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 250-yard
radius of Great Lakes Dredge & Dock
Company vessels and machinery
conducting emergency diving and
equipment removal operations in the
Delaware River within Marcus Hook
Range near Chester, Pennsylvania. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by broken equipment removal
operations. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Delaware Bay or a designated
representative.
DATES: This rule is effective without
actual notice from November 19, 2018
through November 26, 2018. For the
purposes of enforcement, actual notice
will be used from November 26, 2018
through November 30, 2018. This rule
may be withdrawn if the project is
completed before the stated end date.
This rule will be enforced continuously
each day the rule is in effect.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0913 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Thomas Welker, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division;
telephone (215) 271–4814, email
Thomas.J.Welker@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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16:13 Nov 23, 2018
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The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest to do so. The rule must be
established by November 18, 2018, to
serve its purpose of providing safety
during the recovery of a broken hydrohammer associated with dredging
operations. The Coast Guard was
notified of the recovery operation
schedule on November 18, 2018, and a
safety zone must be established by
November 18, 2018 to address the
hazards associated with diving and
equipment removal operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the potential safety hazards associated
with diving and equipment removal
operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Delaware Bay
(COTP) has determined that potential
hazards associated with emergency
diving and equipment recovery
operations beginning November 19,
2018, will be a safety concern for
anyone within a 250-yard radius of
diving and equipment recovery vessels
and machinery. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
operations to recover the broken hydrohammer are being conducted.
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IV. Discussion of the Rule
This rule establishes a temporary
safety zone on November 19, 2018
through November 30, 2018, within 250
yards of vessels and machinery being
used by personnel to conduct diving
and equipment recovery operations, at
approximately 39°49.3002′ N Latitude,
¥75°22.8966′ W Longitude, in the
Marcus Hook Range of the Delaware
River. During diving and equipment
recovery operations, persons or vessels
will not be permitted to enter the safety
zone without obtaining permission from
the COTP or the COTP’s designated
representative. Vessels wishing to
transit the safety zone in the clear side
of the main navigational channel may
do so if they can make satisfactory
passing arrangements with dredge NEW
YORK or tug INDIAN DAWN in
accordance with the Navigational Rules
in 33 CFR subchapter E via VHF–FM 88
at least 1 hour prior to arrival and at 30
minutes prior to arrival to arrange safe
passage. If vessels are unable to make
satisfactory passing arrangements with
the dredge NEW YORK or tug INDIAN
DAWN, they may request permission
from the COTP, or his designated
representative, to enter and transit the
safety zone on VHF–FM channel 16. All
vessels must operate at the minimum
safe speed necessary to maintain
steerage and reduce wake while
transiting the safety zone. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 and Marine Safety Information
Bulletin further defining specific work
locations and traffic patterns.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
E:\FR\FM\26NOR1.SGM
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Agencies
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Pages 60347-60360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25678]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
[Docket Nos. RM18-8-000 and RM15-11-003; Order No. 851]
Geomagnetic Disturbance Reliability Standard; Reliability
Standard for Transmission System Planned Performance for Geomagnetic
Disturbance Events
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission)
approves Reliability Standard TPL-007-2 (Transmission System Planned
Performance for Geomagnetic Disturbance Events). The North American
Electric Reliability Corporation (NERC), the Commission-certified
Electric Reliability Organization, submitted Reliability Standard TPL-
007-2 for Commission approval. The Commission also directs NERC to
develop and submit modifications to Reliability Standard TPL-007-2: To
require the development and implementation of corrective action plans
to mitigate assessed supplemental GMD event vulnerabilities; and to
authorize extensions of time to implement corrective action plans on a
[[Page 60348]]
case-by-case basis. In addition, the Commission accepts the revised GMD
research work plan submitted by NERC.
DATES: This rule will become effective January 25, 2019.
FOR FURTHER INFORMATION CONTACT:.
Michael Gandolfo (Technical Information), Office of Electric
Reliability, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-6817, [email protected].
Matthew Vlissides (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-8408, [email protected].
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the Federal Power Act (FPA), the
Commission approves Reliability Standard TPL-007-2 (Transmission System
Planned Performance for Geomagnetic Disturbance Events).\1\ The North
American Electric Reliability Corporation (NERC), the Commission-
certified Electric Reliability Organization (ERO), submitted
Reliability Standard TPL-007-2 for Commission approval in response to
directives in Order No. 830.\2\ As discussed in this final rule, we
determine that Reliability Standard TPL-007-2 better addresses the
risks posed by geomagnetic disturbances (GMDs) to the Bulk-Power
System, particularly with respect to the potential impacts of locally-
enhanced GMD events, than currently-effective Reliability Standard TPL-
007-1 and complies with the Commission's directives in Order No. 830.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o.
\2\ Reliability Standard for Transmission System Planned
Performance for Geomagnetic Disturbance Events, Order No. 830, 156
FERC ] 61,215, (2016) reh'g denied, Order No. 830-A, 158 FERC ]
61,041 (2017).
---------------------------------------------------------------------------
2. GMD events occur when the sun ejects charged particles that
interact with and cause changes in the earth's magnetic fields. GMD
events have the potential to cause severe, wide-spread impacts on the
Bulk-Power System.\3\ Currently-effective Reliability Standard TPL-007-
1 requires applicable entities to assess the vulnerability of their
transmission systems to a ``benchmark GMD event.'' An applicable entity
that does not meet certain performance requirements, based on the
results of the benchmark GMD vulnerability assessment, must develop and
implement a corrective action plan to achieve the performance
requirements.
---------------------------------------------------------------------------
\3\ Reliability Standards for Geomagnetic Disturbances, Order
No. 779, 143 FERC ] 61,147, at P 3, reh'g denied, 144 FERC ] 61,113
(2013); see also Reliability Standard TPL-007-2, Background.
---------------------------------------------------------------------------
3. The improvements in Reliability Standard TPL-007-2 are
responsive to the directives in Order No. 830: (1) To revise the
benchmark GMD event definition, as it pertains to the required GMD
vulnerability assessments and transformer thermal impact assessments,
so that the definition is not based solely on spatially-averaged data;
(2) to require the collection of necessary geomagnetically induced
current (GIC) monitoring and magnetometer data; and (3) to include a
one-year deadline for the completion of corrective action plans and
two- and four-year deadlines to complete mitigation actions involving
non-hardware and hardware mitigation.\4\ As discussed below,
Reliability Standard TPL-007-2 complies with these directives and
improves upon the currently-effective version of the Reliability
Standard by requiring applicable entities to: (1) In addition to the
benchmark GMD event requirements, conduct supplemental GMD
vulnerability assessments and thermal impact assessments, which apply a
new supplemental GMD event definition that does not rely solely on
spatially-averaged data; (2) obtain GIC and magnetometer data; and (3)
meet the Commission-directed deadlines for the development and
completion of tasks in corrective action plans. Accordingly, pursuant
to section 215(d)(2) of the FPA, we approve Reliability Standard TPL-
007-2.\5\
---------------------------------------------------------------------------
\4\ ``Spatial averaging'' refers to the averaging of
magnetometer readings over a geographic area. In developing the
benchmark GMD event definition, the standard drafting team averaged
several (but not all) geomagnetic field readings taken by
magnetometers located within square geographical areas of 500 km per
side.
\5\ 16 U.S.C. 824o(d)(2).
---------------------------------------------------------------------------
4. In addition, as discussed in the Notice of Proposed Rulemaking,
we determine that it is appropriate, pursuant to section 215(d)(5) of
the FPA,\6\ to direct NERC to develop and submit modifications to
Reliability Standard TPL-007-2 to require the development and
completion of corrective action plans to mitigate assessed supplemental
GMD event vulnerabilities.\7\ As discussed below, requiring corrective
action plans for supplemental GMD event vulnerabilities is appropriate
to ensure the reliability of the Bulk-Power System when confronted with
locally-enhanced GMD events, just as corrective action plans are
necessary to mitigate the effects of benchmark GMD events. Based on the
record in this proceeding, we discern no technical barriers to either
developing or complying with such a requirement. Moreover, the record
supports issuance of a directive at this time notwithstanding comments
in response to the NOPR advocating postponement of any directive until
after the completion of additional GMD research. As discussed below,
the relevant GMD research tasks are scheduled to be completed before
the modified Reliability Standard must be submitted. The Commission
directs NERC to submit the modified Reliability Standard for approval
within 12 months from the effective date of Reliability Standard TPL-
007-2.
---------------------------------------------------------------------------
\6\ Id. 824o(d)(5).
\7\ Geomagnetic Disturbance Reliability Standard, Notice of
Proposed Rulemaking, 83 FR 23854 (May 23, 2018), 163 FERC ] 61,126
(2018) (NOPR).
---------------------------------------------------------------------------
5. We also determine that it is appropriate, pursuant to section
215(d)(5) of the FPA, to direct that NERC modify the provision in
Reliability Standard TPL-007-2, Requirement R7.4 that allows applicable
entities to exceed deadlines for completing corrective action plan
tasks when ``situations beyond the control of the responsible entity
[arise].'' The NOPR raised concerns regarding the appropriateness of a
self-executing deadline extension and observed that it was inconsistent
with guidance in Order No. 830 that extension requests be considered on
a case-by-case basis.\8\ We recognize the point made in NERC's comments
in response to the NOPR that, under NERC's proposal, ``NERC and
Regional Entity staff would exercise their authority to review the
reasonableness of any Corrective Action Plan delay, including reviewing
the `situations beyond the control of the responsible entity' that are
cited as causing the delay'' and that Requirement R7.4 is ``not so
flexible . . . as to allow entities to extend Corrective Action Plan
deadlines indefinitely or for any reason whatsoever.'' \9\ While we
generally agree with the standard of review that NERC states it will
use to assess the merits of extension requests, we conclude that such
assessments should be made before any time extensions are permitted. By
requiring prior approval of extension requests, the modified
Reliability Standard will limit the potential for unwarranted delays in
implementing corrective action plans while also providing NERC with an
advance and more holistic understanding of where, to whom, and for how
long, extensions are granted. We expect that the extension process
developed by NERC in response to our directive will be timely and
efficient such that applicable
[[Page 60349]]
entities will receive prompt responses after submitting to NERC or a
Regional Entity, as appropriate, the extension request and associated
information described in Requirement R7.4.\10\ We also direct NERC, as
proposed in the NOPR, to prepare and submit a report addressing how
often and why applicable entities are exceeding corrective action plan
deadlines as well as the disposition of extension requests, which is
due within 12 months from the date on which applicable entities must
comply with the last requirement of Reliability Standard TPL-007-2.
Following receipt of the report, the Commission will determine whether
further action is necessary.
---------------------------------------------------------------------------
\8\ Order No. 830, 156 FERC ] 61,215 at P 102.
\9\ NERC Comments at 20-21.
\10\ NOPR, 163 FERC ] 61,126 at P 50.
---------------------------------------------------------------------------
6. The Commission, as discussed below, also accepts the revised GMD
research work plan submitted by NERC on April 19, 2018.\11\
---------------------------------------------------------------------------
\11\ North American Electric Reliability Corporation, Filing,
Docket No. RM15-11-003 (filed Apr. 19, 2018) (Revised GMD Research
Work Plan).
---------------------------------------------------------------------------
I. Background
A. Section 215 and Mandatory Reliability Standards
7. Section 215 of the FPA requires the Commission to certify an ERO
to develop mandatory and enforceable Reliability Standards, subject to
Commission review and approval. Once approved, the Reliability
Standards may be enforced in the United States by the ERO, subject to
Commission oversight, or by the Commission independently.\12\
---------------------------------------------------------------------------
\12\ 16 U.S.C. 824o(e).
---------------------------------------------------------------------------
B. GMD Primer
8. GMD events occur when the sun ejects charged particles that
interact and cause changes in the earth's magnetic fields.\13\ Once a
solar particle is ejected, it can take between 17 to 96 hours
(depending on its energy level) to reach earth.\14\ A geoelectric field
is the electric potential (measured in volts per kilometer (V/km)) on
the earth's surface and is directly related to the rate of change of
the magnetic fields.\15\ The geoelectric field has an amplitude and
direction and acts as a voltage source that can cause GICs to flow on
long conductors, such as transmission lines.\16\ The magnitude of the
geoelectric field amplitude is impacted by local factors such as
geomagnetic latitude and local earth conductivity.\17\ Geomagnetic
latitude is the proximity to earth's magnetic north and south poles, as
opposed to earth's geographic poles.\18\ Local earth conductivity is
the ability of the earth's crust to conduct electricity at a certain
location to depths of hundreds of kilometers down to the earth's
mantle. Local earth conductivity impacts the magnitude (i.e., severity)
of the geoelectric fields that are formed during a GMD event by, all
else being equal, a lower earth conductivity resulting in higher
geoelectric fields.\19\
---------------------------------------------------------------------------
\13\ See NERC, 2012 Special Reliability Assessment Interim
Report: Effects of Geomagnetic Disturbances on the Bulk Power System
at i-ii (February 2012).
\14\ Id. at ii.
\15\ Id.
\16\ Id.
\17\ NERC, Benchmark Geomagnetic Disturbance Event Description,
Docket No. 15-11-000, at 4 (filed June 28, 2016) (2016 NERC White
Paper).
\18\ Id.
\19\ Id.
---------------------------------------------------------------------------
9. GICs can flow in an electric power system with varying intensity
depending on the various factors discussed above. As explained in the
Background section of Reliability Standard TPL-007-2, ``[d]uring a GMD
event, geomagnetically[hyphen]induced currents (GIC) may cause
transformer hot[hyphen]spot heating or damage, loss of Reactive Power
sources, increased Reactive Power demand, and Misoperation(s), the
combination of which may result in voltage collapse and blackout.''
C. Currently-Effective Reliability Standard TPL-007-1 and Order No. 830
1. Currently-Effective Reliability Standard TPL-007-1
10. Reliability Standard TPL-007-1 consists of seven requirements
and applies to planning coordinators, transmission planners,
transmission owners and generation owners who own or whose planning
coordinator area or transmission planning area includes a power
transformer with a high side, wye-grounded winding connected at 200 kV
or higher.
11. Requirement R1 requires planning coordinators and transmission
planners (i.e., ``responsible entities'') to determine the individual
and joint responsibilities in the planning coordinator's planning area
for maintaining models and performing studies needed to complete the
GMD vulnerability assessment required in Requirement R4. Requirement R2
requires responsible entities to maintain system models and GIC system
models needed to complete the GMD vulnerability assessment required in
Requirement R4. Requirement R3 requires each responsible entity to have
criteria for acceptable system steady state voltage performance for its
system during the GMD conditions described in Attachment 1 of
Reliability Standard TPL-007-1. Requirement R4 requires responsible
entities to conduct a GMD vulnerability assessment every 60 months
using the benchmark GMD event described in Attachment 1. Requirement R5
requires responsible entities to provide GIC flow information, based on
the benchmark GMD event definition, to be used in the transformer
thermal impact assessments required in Requirement R6, to each
transmission owner and generator owner that owns an applicable
transformer within the applicable planning area. Requirement R6
requires transmission owners and generator owners to conduct thermal
impact assessments on solely and jointly owned applicable transformers
where the maximum effective GIC value provided in Requirement R5 is 75
Amperes per phase (A/phase) or greater. Requirement R7 requires
responsible entities to develop corrective action plans if the GMD
vulnerability assessment concludes that the system does not meet the
performance requirements in Table 1 of Reliability Standard TPL-007-1.
12. Calculation of the benchmark GMD event, against which
applicable entities must assess their facilities, is fundamental to
compliance with Reliability Standard TPL-007-1. Reliability Standard
TPL-007-1, Requirement R3 states that ``[e]ach responsible entity, as
determined in Requirement R1, shall have criteria for acceptable System
steady state voltage performance for its System during the benchmark
GMD event described in Attachment 1.''
13. Reliability Standard TPL-007-1, Attachment 1 states that the
benchmark GMD event is composed of four elements: (1) A reference peak
geoelectric field amplitude of 8 V/km derived from statistical analysis
of historical magnetometer data; (2) a scaling factor to account for
local geomagnetic latitude; (3) a scaling factor to account for local
earth conductivity; and (4) a reference geomagnetic field time series
or wave shape to facilitate time-domain analysis of GMD impact on
equipment. The product of the first three elements is referred to as
the regional peak geoelectric field amplitude. The benchmark GMD event
defines the geoelectric field values used to compute GIC flows for a
GMD vulnerability assessment, which is required in Reliability Standard
TPL-007-1.\20\
---------------------------------------------------------------------------
\20\ See Reliability Standard TPL-007-1, Requirements R4 and R5.
Reliability Standard TPL-007-1 does not set a threshold amount of
GIC flow that would constitute a vulnerable transformer. However, if
a transformer is calculated to experience a maximum effective GIC
flow during a benchmark GMD event of a least 75 A/phase, a thermal
impact assessment of that transformer is required. See Reliability
Standard TPL-007-1, Requirement R6.
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[[Page 60350]]
14. For the purpose of determining a benchmark event that specifies
what severity GMD events a responsible entity must assess for potential
impacts on the Bulk-Power System, NERC determined that a 1-in-100 year
GMD event would cause an 8 V/km reference peak geoelectric field
amplitude at 60 degree north geomagnetic latitude using Qu[eacute]bec's
earth conductivity.\21\ Scaling factors (i.e., multiplying values) are
applied to this reference peak geoelectric field amplitude to adjust
the 8 V/km value for different geomagnetic latitudes (scaling factors
between 0.1 and 1.0) and earth conductivities (scaling factors between
0.21 and 1.17). NERC identified a reference geomagnetic field time
series from an Ottawa, Ontario magnetic observatory during a 1989 GMD
storm affecting Qu[eacute]bec. NERC used this to estimate a time series
(i.e., 10-second values over a period of days) of the geoelectric field
that is representative of what is expected to occur at 60 degree
geomagnetic latitude during a 1-in-100 year GMD event. Such a time
series is used in some methods of calculating the vulnerability of a
transformer to damage from heating caused by GIC.
---------------------------------------------------------------------------
\21\ NERC used Qu[eacute]bec as the location for the reference
peak 1-in-100 year GMD event because of its proximity to 60 degree
geomagnetic latitude and its well understood earth model. By
creating scaling factors, each entity can scale this reference peak
geoelectric field and geoelectric field time series values to match
its own expected field conditions.
---------------------------------------------------------------------------
15. NERC used field measurements taken from the International
Monitor for Auroral Geomagnetic Effects (IMAGE) magnetometer chain,
which consists of 39 magnetometer stations in Northern Europe, for the
period 1993-2013 to calculate the reference peak geoelectric field
amplitude. As described in the 2016 NERC White Paper, to arrive at a
reference peak geoelectric field amplitude of 8 V/km, NERC ``spatially
averaged'' four different station groups each spanning a square area of
approximately 500 km (roughly 310 miles) in width.
2. Order No. 830
16. On January 21, 2015, NERC submitted for Commission approval
Reliability Standard TPL-007-1 in response to the directive in Order
No. 779 that NERC develop one or more Reliability Standards to address
the effects of GMD events on the electric grid.\22\ In Order No. 830,
the Commission approved Reliability Standard TPL-007-1, concluding that
Reliability Standard TPL-007-1 addressed the Commission's directive by
requiring applicable Bulk-Power System owners and operators to conduct,
on a recurring five-year cycle, initial and ongoing vulnerability
assessments regarding the potential impact of a benchmark GMD event on
the Bulk-Power System as a whole and on Bulk-Power System components.
In addition, the Commission determined that Reliability Standard TPL-
007-1 requires applicable entities to develop and implement corrective
action plans to mitigate vulnerabilities identified through those
recurring vulnerability assessments and that potential mitigation
strategies identified in Reliability Standard TPL-007-1 include, but
are not limited to, the installation, modification or removal of
transmission and generation facilities and associated equipment.
---------------------------------------------------------------------------
\22\ Order No. 779, 144 FERC ] 61,113 at P 54.
---------------------------------------------------------------------------
17. In Order No. 830, the Commission also determined that
Reliability Standard TPL-007-1 should be modified. Specifically, Order
No. 830 directed NERC to develop and submit modifications to
Reliability Standard TPL-007-1 concerning: (1) The calculation of the
reference peak geoelectric field amplitude component of the benchmark
GMD event definition; (2) the collection and public availability of
necessary GIC monitoring and magnetometer data; and (3) deadlines for
completing corrective action plans and the mitigation measures called
for in corrective action plans. Order No. 830 directed NERC to develop
and submit these revisions for Commission approval within 18 months of
the effective date of Order No. 830.
18. With respect to the calculation of the reference peak
geoelectric field amplitude component of the benchmark GMD event
definition, Order No. 830 expressed concern with relying solely on
spatial averaging in Reliability Standard TPL-007-1 because ``the use
of spatial averaging in this context is new, and thus there is a dearth
of information or research regarding its application or appropriate
scale.'' \23\ While Order No. 830 directed that the peak geoelectric
field amplitude should not be based solely on spatially-averaged data,
the Commission indicated that this ``directive should not be construed
to prohibit the use of spatial averaging in some capacity, particularly
if more research results in a better understanding of how spatial
averaging can be used to reflect actual GMD events.'' \24\
---------------------------------------------------------------------------
\23\ Order No. 830, 156 FERC ] 61,215 at P 45.
\24\ Id. P 46.
---------------------------------------------------------------------------
D. NERC Petition and Reliability Standard TPL-007-2
19. NERC states that Reliability Standard TPL-007-2 enhances
currently-effective Reliability Standard TPL-007-1 by addressing
reliability risks posed by GMDs more effectively and implementing the
directives in Order No. 830.\25\ NERC asserts that Reliability Standard
TPL-007-2 reflects the latest in GMD understanding and provides a
technically sound and flexible approach to addressing the concerns
discussed in Order No. 830. NERC contends that the proposed
modifications enhance reliability by expanding GMD vulnerability
assessments to include severe, localized impacts and by implementing
deadlines and processes to maintain accountability in the development,
completion, and revision of corrective action plans developed to
address identified vulnerabilities. Further, NERC states that the
proposed modifications improve the availability of GMD monitoring data
that may be used to inform GMD vulnerability assessments.
---------------------------------------------------------------------------
\25\ Reliability Standard TPL-007-2 is not attached to this
final rule. Reliability Standard TPL-007-2 is available on the
Commission's eLibrary document retrieval system in Docket No. RM18-
8-000 and on the NERC website, www.nerc.com.
---------------------------------------------------------------------------
20. Reliability Standard TPL-007-2 modifies currently-effective
Reliability Standard TPL-007-1 by requiring applicable entities to: (1)
Conduct supplemental GMD vulnerability and transformer thermal impact
assessments in addition to the existing benchmark GMD vulnerability and
transformer thermal impact assessments required in Reliability Standard
TPL-007-1; (2) collect data from GIC monitors and magnetometers as
necessary to enable model validation and situational awareness; and (3)
develop necessary corrective action plans within one year from the
completion of the benchmark GMD vulnerability assessment, include a
two-year deadline for the implementation of non-hardware mitigation,
and include a four-year deadline to complete hardware mitigation.\26\
---------------------------------------------------------------------------
\26\ Unless otherwise indicated, the requirements of Reliability
Standard TPL-007-2 are substantively the same as the requirements in
currently-effective Reliability Standard TPL-007-1.
---------------------------------------------------------------------------
21. In particular, Reliability Standard TPL-007-2 modifies
Requirements R1 (identification of responsibilities), R2 (system and
GIC system models) and R3 (criteria for acceptable System steady state)
to extend the existing requirements pertaining to benchmark GMD
assessments to the new supplemental GMD assessments.
[[Page 60351]]
Reliability Standard TPL-007-2 adds the newly mandated supplemental GMD
vulnerability and transformer thermal impact assessments in new
Requirements R8 (supplemental GMD vulnerability assessment), R9 (GIC
flow information needed for supplemental GMD thermal impact
assessments) and R10 (supplemental GMD thermal impact assessments). The
supplemental GMD event definition contains a higher, non-spatially-
averaged reference peak geoelectric field amplitude component than the
benchmark GMD event definition (12 V/km versus 8 V/km). These three new
requirements largely mirror existing Requirements R4, R5, and R6 that
currently apply, and continue to apply, only to benchmark GMD
vulnerability and transformer thermal impact assessments.\27\
---------------------------------------------------------------------------
\27\ An exception is the qualifying threshold for transformers
required to undergo thermal impact assessments: For the supplemental
GMD assessment the qualifying threshold for transformers is a
maximum effective GIC value of 85 A/phase while the threshold for
benchmark GMD event assessments is 75 A/phase.
---------------------------------------------------------------------------
22. In addition, Reliability Standard TPL-007-2 includes two other
new requirements, Requirements R11 and R12, that require applicable
entities to gather GIC monitoring data (Requirement R11) and
magnetometer data (Requirement R12).
23. Reliability Standard TPL-007-2 modifies existing Requirement R7
(corrective action plans) to create a one-year deadline for the
development of corrective action plans and two and four-year deadlines
to complete actions involving non-hardware and hardware mitigation,
respectively, for vulnerabilities identified in the benchmark GMD
assessment. The modifications to Requirement R7 include a provision
allowing for extension of deadlines if ``situations beyond the control
of the responsible entity determined in Requirement R1 prevent
implementation of the [corrective action plan] within the timetable for
implementation.''
E. NOPR
24. On May 17, 2018, the Commission issued a NOPR that proposed to
approve Reliability Standard TPL-007-2 as the Reliability Standard
largely addresses the directives in Order No. 830. However, the NOPR
identified two aspects of Reliability Standard TPL-007-2 that are
inconsistent with Order No. 830: (1) The lack of any requirement to
develop and implement corrective action plans in response to assessed
supplemental GMD event vulnerabilities; and (2) a general allowance,
per proposed Requirement R7.4, of extensions of time to complete
corrective action plans as opposed to permitting extensions of time on
a case-by-case basis.
25. Having identified these issues, the NOPR proposed to direct
NERC, pursuant to section 215(d)(5) of the FPA, to develop and submit
modifications to Reliability Standard TPL-007-2 to require applicable
entities to develop and implement corrective action plans to mitigate
vulnerabilities discovered through supplemental GMD vulnerability
assessments. The NOPR proposed to direct NERC to submit the modified
Reliability Standard for approval within 12 months from the effective
date of Reliability Standard TPL-007-2. The NOPR also sought comment on
two options for addressing the Commission's concerns regarding the
potential for undue delay of mitigation because of the proposed time-
extension process in Requirement R7.4: (1) Direct NERC to bring
Reliability Standard TPL-007-2 into alignment with Order No. 830
through a process whereby NERC or Regional Entities consider extensions
on a case-by-case basis using the information that must be submitted
under Requirement R7.4; or (2) approve the proposed provision without
directing modifications. Under either option, NERC would prepare and
submit a report regarding how often and why applicable entities are
exceeding corrective action plan deadlines following implementation of
Reliability Standard TPL-007-2.\28\
---------------------------------------------------------------------------
\28\ The NOPR proposed that the report, under the first option,
would also include statistics describing how often extension
requests were granted.
---------------------------------------------------------------------------
26. The Commission received NOPR comments from nine entities. We
address below the issues raised in the NOPR and comments as well as
NERC's revised GMD research work plan and the comments submitted in
response. The Appendix to this final rule lists the entities that filed
comments in both matters.
II. Discussion
27. Pursuant to section 215(d)(2) of the FPA, the Commission
approves Reliability Standard TPL-007-2 as just, reasonable, not unduly
discriminatory or preferential, and in the public interest. We conclude
that Reliability Standard TPL-007-2 is an improvement over currently-
effective Reliability Standard TPL-007-1 and responds to the directives
in Order No. 830: (1) To revise the benchmark GMD event definition, as
it pertains to the required GMD Vulnerability Assessments and
transformer thermal impact assessments, so that the definition is not
based solely on spatially-averaged data; (2) to require the collection
of necessary GIC monitoring and magnetometer data; and (3) to include a
one-year deadline for the completion of corrective action plans and two
and four-year deadlines to complete mitigation actions involving non-
hardware and hardware mitigation, respectively.\29\
---------------------------------------------------------------------------
\29\ In its petition, NERC stated that it would address the
directive in Order No. 830 on the collection of GIC monitoring and
magnetometer data through a forthcoming NERC data request to
applicable entities pursuant to Section 1600 of the NERC Rules of
Procedure rather than through a Reliability Standard requirement.
NERC Petition at 27. On February 7, 2018, NERC released a draft data
request for a 45-day comment period. The NERC Board of Trustees
(BOT) subsequently approved the GMD data request at the August 2018
BOT meeting.
---------------------------------------------------------------------------
28. Reliability Standard TPL-007-2 complies with the directives in
Order No. 830 by requiring, in addition to the benchmark GMD event
vulnerability and thermal impact assessments, supplemental GMD
vulnerability and thermal impact assessments. The supplemental GMD
event definition in Reliability Standard TPL-007-2 contains a non-
spatially-averaged reference peak geoelectric field amplitude component
of 12 V/km, in contrast to the 8 V/km figure in the spatially-averaged
benchmark GMD event definition. As NERC explains in its petition, the
supplemental GMD event will be used to ``represent conditions
associated with localized enhancement of the geomagnetic field during a
severe GMD event for use in assessing GMD impacts.'' \30\ Reliability
Standard TPL-007-2 therefore addresses the Commission's directive to
modify currently-effective Reliability Standard TPL-007-1 so that the
benchmark GMD event does not rely solely on spatially-averaged data to
calculate the reference peak geoelectric field amplitude.
---------------------------------------------------------------------------
\30\ NERC Petition at 12.
---------------------------------------------------------------------------
29. As proposed in the NOPR, pursuant to section 215(d)(5) of the
FPA, we also determine that it is appropriate to direct NERC to develop
and submit modifications to Reliability Standard TPL-007-2 to require
the development and completion of corrective action plans to mitigate
assessed supplemental GMD event vulnerabilities. Given that NERC has
acknowledged the potential for ``severe, localized impacts'' associated
with supplemental GMD event vulnerabilities, we see no basis for
requiring corrective action plans for benchmark GMD events but not for
[[Page 60352]]
supplemental GMD events.\31\ Based on the record in this proceeding,
there appear to be no technical barriers to developing or complying
with such a requirement. Moreover, as discussed below, the record
supports issuance of a directive at this time, notwithstanding NOPR
comments advocating postponement of any directive until after the
completion of additional GMD research, because relevant GMD research is
scheduled to be completed before the due date for submitting a modified
Reliability Standard. The Commission therefore adopts the NOPR proposal
and directs NERC to submit the modified Reliability Standard for
approval within 12 months from the effective date of Reliability
Standard TPL-007-2.
---------------------------------------------------------------------------
\31\ NERC Petition at 4 (``these revisions would enhance
reliability by expanding GMD Vulnerability Assessments to include
severe, localized impacts and by implementing new deadlines and
processes to maintain accountability in the development, completion,
and revision of entity Corrective Action Plans developed to address
identified vulnerabilities'').
---------------------------------------------------------------------------
30. We also determine, pursuant to section 215(d)(5) of the FPA,
that it is appropriate to direct that NERC develop further
modifications to Reliability Standard TPL-007-2, Requirement R7.4.
Under NERC's proposal, applicable entities are allowed, without prior
approval, to exceed deadlines for completing corrective action plan
tasks when ``situations beyond the control of the responsible entity
[arise].'' \32\ Instead, as discussed below, we direct NERC to develop
a timely and efficient process, consistent with the Commission's
guidance in Order No. 830, to consider time extension requests on a
case-by-case basis. Our directive balances the availability of time
extensions when applicable entities are presented with the types of
uncontrollable delays identified in NERC's petition and NOPR comments
with the need to ensure that the mitigation of known GMD
vulnerabilities is not being improperly delayed through such requests.
Further, as proposed in the NOPR, we direct NERC to prepare and submit
a report addressing how often and why applicable entities are exceeding
corrective action plan deadlines as well as the disposition of time
extension requests. The report is due within 12 months from the date on
which applicable entities must comply with the last requirement of
Reliability Standard TPL-007-2. Following receipt of the report, the
Commission will determine whether further action is necessary.
---------------------------------------------------------------------------
\32\ In the Supplemental Material section of Reliability
Standard TPL-007-2, examples of situations beyond the control of the
of the responsible entity include, but are not limited to, delays
resulting from regulatory/legal processes, such as permitting;
delays resulting from stakeholder processes required by tariff;
delays resulting from equipment lead times; or delays resulting from
the inability to acquire necessary Right-of-Way.
---------------------------------------------------------------------------
31. The Commission, as discussed below, also accepts the revised
GMD research work plan submitted by NERC on April 19, 2018.
A. Corrective Action Plan for Supplemental GMD Event Vulnerabilities
NOPR
32. The NOPR proposed to determine that the absence of a
requirement to mitigate assessed supplemental GMD event vulnerabilities
is inconsistent with Order No. 830, and Order No. 779, because the
proposal does not require ``owners and operators [to] develop and
implement a plan to protect against instability, uncontrolled
separation, or cascading failures of the Bulk-Power System.'' \33\
---------------------------------------------------------------------------
\33\ NOPR, 163 FERC ] 61,126 at P 32.
---------------------------------------------------------------------------
33. The NOPR explained that the Commission was not persuaded by
NERC's justification that technical limitations--specifically the small
number of observations used to define the supplemental GMD event and
the availability of modeling tools to assist entities in assessing
vulnerabilities--make requiring mitigation premature at this time.\34\
The NOPR, instead, accepted NERC's statement that the supplemental GMD
event definition ``provides a technically justified method of assessing
vulnerabilities to the localized peak effects of severe GMD events.''
\35\ The NOPR also observed that mitigation of supplemental GMD event
vulnerabilities is appropriate because Reliability Standard TPL-007-2:
(1) Does not prescribe how applicable entities must perform such
studies, and thus may incorporate any uncertainties regarding the
geographic size of such events into their studies; (2) there are
commercially-available tools that could allow for modeling of
supplemental GMD events; and (3) other methods could be used within the
framework of the Reliability Standard to study planning areas (e.g.,
superposition or sensitivity studies) in conjunction with other power
system modeling tools. The NOPR further recognized that research tasks
under way pursuant to the GMD research work plan that are relevant to
the supplemental GMD event definition are scheduled to be completed in
2019 and the results of such research should inform the work of the
standard drafting team.
---------------------------------------------------------------------------
\34\ The Commission also rejected the assertion in NERC's
petition that an evaluation of possible actions for supplemental GMD
events that result in Cascading is similar to the treatment of
extreme events in Reliability Standard TPL-001-4 (Transmission
System Planning Performance Requirements).
\35\ NOPR, 163 FERC ] 61,126 at P 35 (quoting NERC Petition at
13).
---------------------------------------------------------------------------
Comments
34. NERC does not support the proposed directive. NERC maintains
that the provision in Requirement R8.3 that requires applicable
entities to evaluate possible actions designed to reduce the likelihood
or mitigate the adverse impacts of a supplemental GMD event ``is not
merely advisory, but rather supports a range of potential mitigating
actions, such as additional hardware mitigation, operating procedures,
or other resilience actions to enhance recovery and restoration.'' \36\
NERC expounds on this by noting that the requirement to consider
mitigation in Reliability Standard TPL-007-2 ``would directly support
mitigation that is required by [Reliability Standard EOP-010-1].'' \37\
NERC also contends that it ``anticipates that the Corrective Action
Plans, when needed to address performance requirements for the
benchmark GMD event, will also provide a large degree of protection to
the Bulk-Power System for events with locally-enhanced geomagnetic
fields.'' \38\
---------------------------------------------------------------------------
\36\ NERC Comments at 9.
\37\ Id. at 10.
\38\ Id. at 11.
---------------------------------------------------------------------------
35. NERC's comments reiterate the rationale in its petition that
requiring mitigation ``would result in the de facto replacement of the
benchmark GMD event with the proposed supplemental GMD event.'' \39\
NERC maintains that ``while the supplemental GMD event is strongly
supported by data and analysis in ways that mirror the benchmark GMD
event, there are aspects of it that are less definitive than the
benchmark GMD event and less appropriate as the basis of requiring
Corrective Action Plans.'' \40\ NERC also claims that the uncertainty
of geographic size of the supplemental GMD event could not be addressed
adequately by sensitivity analysis or through other methods because
there are ``inherent sources of modeling uncertainty (e.g., earth
conductivity model, substation grounding grid resistance values,
transformer thermal and magnetic response models) . . . [and]
introducing additional variables
[[Page 60353]]
for sensitivity analysis, such as the size of the localized
enhancement, may not improve the accuracy of GMD Vulnerability
Assessments.'' \41\ NERC further states that ``commercially-available
modeling tools now advertise capabilities that could be used to model
localized GMD enhancements, [but] to NERC's knowledge these
capabilities have not been used extensively by planners, nor have the
different software tools been benchmarked for consistency in results.''
\42\
---------------------------------------------------------------------------
\39\ Id. at 11-12; see also id. at 14 (``many entities would
likely employ the most conservative approach for conducting
supplemental GMD Vulnerability Assessments, which would be to apply
extreme peak values uniformly over an entire planning area'').
\40\ Id. at 13.
\41\ Id. at 15.
\42\ Id.
---------------------------------------------------------------------------
36. NERC contends that completing the GMD work plan is a better
alternative to the NOPR directive. Moreover, NERC states that it
``commits to initiate a review of TPL-007-2 following the completion of
the GMD Research Work Plan to evaluate whether the standard continues
to be supported by the available knowledge or whether additional
refinements are necessary . . . [which] could result in modifications
to, or additional support for, the proposed supplemental GMD event, and
thereby inform what the TPL-007 standard should require in terms of
mitigation based on supplemental GMD Vulnerability Assessments.'' \43\
In response to the NOPR's statement that the results of the GMD
research work plan may inform the work of the standard drafting team
tasked with carrying out the Commission's proposed directive, NERC
comments state that ``it expects that the last of the project's
deliverables will be ready by early 2020 . . . [but] [a]ny scientific
research project schedule, however, must account for the possibility
that additional time may be needed to explore potential findings or
amend project approaches to provide more useful results.'' \44\ NERC
states that while the technical report for Task 1 is scheduled to be
completed by the fourth quarter of 2019 according to the revised GMD
research work plan, NERC estimates that it will file a report with the
Commission, after allowing a period of public comment, six months later
(i.e., mid-2020).\45\
---------------------------------------------------------------------------
\43\ Id. at 18.
\44\ Id. at 17.
\45\ Revised GMD Research Work Plan at 5 (``NERC expects to
submit [informational filings with the Commission] approximately six
months following EPRI's completion of the associated technical
report(s)''); id., Attachment 1 (Order No. 830 GMD Research Work
Plan (April 2018)) at 7 (identifying ``Q4 2019'' as the estimated
completion date of ``Final technical report to provide additional
technical support for the existing supplementary (localized)
benchmark; or, propose update to the benchmark, as appropriate'').
---------------------------------------------------------------------------
37. Trade Associations, Idaho Power, NE ISO, TVA and BPA do not
support the proposed directive. They contend that requiring corrective
action plans for supplemental GMD event vulnerabilities: (1) May be
premature given the limited data regarding localized GMD events; (2)
would address low-probability events that are unlikely to affect a wide
area; and (3) could impose costs on applicable entities that outweigh
the potential benefits of such a directive. Like NERC, these commenters
support completing the GMD research work plan before considering
mandating corrective action plans for supplemental GMD event
vulnerabilities. Idaho Power, moreover, contends that it would be
better for registered entities to gain experience with corrective
action plans for benchmark GMD events before mandating corrective
action plans for supplemental GMD events. Trade Associations state that
instead of the NOPR directive, any Commission directive should be
limited to requiring NERC to develop ``a study of the mitigation
measures deployed and the effectiveness of these measures to mitigate
benchmark GMD events before mandating mitigation measures on more
localized events.'' \46\ Similarly, BPA maintains that instead of the
NOPR directive, in order to assess the costs and benefits of requiring
corrective action plans for supplemental GMD events, the Commission
should require NERC to file periodic reports on supplemental GMD events
and the possible actions to mitigate them.
---------------------------------------------------------------------------
\46\ Trade Associations Comments at 12.
---------------------------------------------------------------------------
38. Resilient Societies and Reclamation support the NOPR directive.
Reclamation states, and Resilient Societies concurs, that ``[a]n
exercise to only identify vulnerabilities arising from localized GMD
events is not a cost-effective use of resources unless accompanied by
activities to mitigate the identified vulnerabilities.'' \47\
---------------------------------------------------------------------------
\47\ Reclamation Comments at 1; Resilient Societies Comments at
3.
---------------------------------------------------------------------------
Commission Determination
39. Pursuant to section 215(d)(5) of the FPA, the Commission adopts
the NOPR proposal and directs NERC to develop and submit modifications
to Reliability Standard TPL-007-2 to require corrective action plans
for assessed supplemental GMD event vulnerabilities. While Reliability
Standard TPL-007-2 requires applicable entities to assess supplemental
GMD event vulnerabilities, it does not require corrective action plans
to address assessed vulnerabilities. Instead, Reliability Standard TPL-
007-2, Requirement R8.3 only requires applicable entities to make ``an
evaluation of possible actions to reduce the likelihood or mitigate the
consequences and adverse impacts of the events if a supplemental GMD
event is assessed to result in Cascading.'' As the Commission observed
in the NOPR, NERC's proposal differs significantly from Order No. 830
because the intent of the directive was not only to identify
vulnerabilities arising from localized GMD events but also to mitigate
such vulnerabilities.
40. The comments opposing the NOPR directive offer two rationales
for approving Reliability Standard TPL-007-2 without directing
modifications at this time: (1) Reliability Standard TPL-007-2 provides
sufficient protection against supplemental GMD event vulnerabilities;
and (2) requiring mitigation of supplemental GMD events is premature at
this time.
41. With respect to the first rationale, NERC observes that the
provision requiring applicable entities to consider supplemental GMD
event mitigation is not ``merely advisory.'' However, there is no
dispute that an applicable entity must ``consider'' mitigation under
Reliability Standard TPL-007-2. What is significant is that after
having done so, an applicable entity has no obligation under
Reliability Standard TPL-007-2 to implement mitigation even if the
applicable entity ``considered'' mitigation necessary to address an
assessed supplemental GMD event vulnerability.
42. NERC also maintains that Reliability Standard EOP-010-1
requires transmission operators to ``develop, maintain, and implement a
GMD Operating Procedure or Operating Process to mitigate the effects of
GMD events on the reliable operation of its respective system.'' And in
Order No. 779, the Commission determined that ``while the development
of the required mitigation plan [for benchmark GMD event
vulnerabilities] cannot be limited to considering operational
procedures or enhanced training alone, operational procedures and
enhanced training may be sufficient if that is verified by the
vulnerability assessments.'' \48\ Again, NERC's point does not resolve
the Commission's concern because Reliability Standard EOP-010-1 does
not ensure mitigation of all supplemental GMD event vulnerabilities
assessed under Reliability Standard TPL-007-2. That is because: (1)
Reliability Standard EOP-010-1 applies, in relevant part, only to
[[Page 60354]]
transmission operators (viz., it does not apply to other applicable
entity types, such as planning coordinators, transmission planners and
generator owners, subject to Reliability Standard TPL-007-2); and (2)
Reliability Standard EOP-010-1 does not require mitigation if the
supplemental GMD event vulnerability cannot be addressed through
operational procedures or enhanced training alone. Thus, Reliability
Standard EOP-010-1 does not ensure satisfactory mitigation or provide
an adequate substitute for mitigation as contemplated in Order No. 830.
---------------------------------------------------------------------------
\48\ Order No. 779, 143 FERC ] 61,147 at P 83.
---------------------------------------------------------------------------
43. In addition, NERC asserts that the required mitigation of
benchmark GMD event vulnerabilities could also address supplemental GMD
event vulnerabilities. Of course that may occur in some circumstances,
but that is not a substitute for requiring mitigation to the extent
that benchmark GMD event mitigation does not completely address a
supplemental GMD event vulnerability. Under Reliability Standard TPL-
007-2 there is currently no requirement to mitigate the remaining
vulnerability to the Bulk-Power System.
44. Regarding the second rationale in the NOPR comments, NERC and
other commenters reiterate the assertion in NERC's petition that it
would be premature, from a technical standpoint, to require corrective
action plans to address supplemental GMD event vulnerabilities. As
reflected in the comment summary, these commenters instead request that
NERC complete the GMD research work plan and then produce a report that
assesses the possible need for modifications to Reliability Standard
TPL-007-2.
45. The NOPR discussed how a standard drafting team could use new
information gathered through the GMD research work plan to develop a
modified Reliability Standard. The Commission noted that Task 1 of the
GMD research work plan (Further Analyze Spatial Averaging Used in the
Benchmark GMD Event), which encompasses localized GMD event research,
would be delivered in 2019 according to the most recent version of the
GMD research work plan (i.e., the revised GMD research work plan). The
NOPR stated that ``[s]uch GMD research on localized events should
inform the standard development process and aid applicable entities
when implementing a modified Reliability Standard.'' \49\ While we
appreciate that the informational filing for Task 1 may not be
submitted to the Commission prior to the deadline for submitting a
modified Reliability Standard, the underlying research in Task 1 is
scheduled to be completed before then. As such, the standard drafting
team and personnel working on the GMD research work plan could operate
in parallel and share information to ensure that research relevant to
the Commission's directive is incorporated into the modified
Reliability Standard. Thus we are not persuaded by the comments seeking
a delay of our directive.
---------------------------------------------------------------------------
\49\ NOPR, 163 FERC ] 61,126 at P 39.
---------------------------------------------------------------------------
46. We are not persuaded by the other points raised by commenters
to support their assertion that requiring corrective action plans is
premature. First, NERC assumes that under such a requirement ``many''
applicable entities will adopt a ``conservative approach'' and use the
supplemental GMD event definition in all GMD vulnerability assessments,
thus effectively supplanting the benchmark GMD event definition. NERC
bases this assumption on the standard drafting team's ``extensive
experience in system planning and the relative immaturity of tools and
methods for modeling localized enhancements.'' \50\ NERC acknowledges
the discussion in the NOPR on how uncertainties regarding the
supplemental GMD event definition--in particular the geographic size of
localized events--are ameliorated by the flexibility afforded by
Reliability Standard TPL-007-2. Specifically, Reliability Standard TPL-
007-2 permits applicable entities to apply the supplemental GMD event
definition to an entire planning area or any subset of a planning area.
However, NERC asserts that even with this flexibility, at least some
applicable entities would default to using the supplemental GMD event
definition in an overly-broad manner. Notwithstanding NERC's assertion,
nothing in Reliability Standard TPL-007-2 requires applicable entities
to apply the supplemental GMD event definition to an entire planning
area or otherwise supplant the benchmark GMD event definition.
---------------------------------------------------------------------------
\50\ NERC Comments at 14.
---------------------------------------------------------------------------
47. With respect to the statement in the NOPR that modeling tools
are currently available to support corrective action plans, NERC admits
that ``some commercially-available modeling tools now advertise
capabilities that could be used to model localized GMD enhancements.''
\51\ However, NERC contends that to its ``knowledge these capabilities
have not been used extensively by planners, nor have the different
software tools been benchmarked for consistency in result.'' \52\ Given
that GMDs have only recently been addressed in the Reliability
Standards and there is currently no requirement to model and assess,
let alone mitigate, localized GMD events, it is not unexpected that
these modeling tools have not been used extensively for that purpose.
Moreover, NERC does not assert that existing tools are incapable of
performing the desired modeling function.\53\ Thus, NERC's objections
on this point are not persuasive.
---------------------------------------------------------------------------
\51\ Id. at 15.
\52\ Id. at 15-16.
\53\ See also Trade Associations Comments at 8 (``Although
current tools are available to model localized events, we understand
that such modeling will require significant time as the processes
involved are still largely manual, making it difficult to develop
accurate, system-wide models that appropriately consider the
localized impacts of the supplemental GMD event.'').
---------------------------------------------------------------------------
48. NERC does not offer support for its comment in response to the
NOPR's observation that sensitivity analysis can serve, among other
methods, as a method to refine the geographic scope of localized GMD
impacts on planning areas. NERC responds that it ``does not believe
that concerns regarding the uncertainty of the geographic size of the
supplemental GMD event could be addressed adequately by sensitivity
analysis or though other methods in planning studies.'' \54\ NERC
claims there are already inherent sources of modeling uncertainty and
that introducing another variable, such as the size of the localized
enhancement, ``may not improve the accuracy of the GMD Vulnerability
Analysis.'' \55\ And yet NERC's concern implies that the benchmark GMD
event contains a geographic domain that does not itself inject
uncertainties. However, as the Commission stated in Order No. 830, the
geographic area for spatial averaging in the benchmark GMD event
definition is itself a ``subjective'' figure.\56\ Indeed, in Order No.
830, as part of the GMD research work plan directive, to address the
uncertainties surrounding the geographic scale of spatial averaging,
the Commission directed that NERC should ``further analyze the area
over which spatial averaging should be calculated for stability
studies, including performing sensitivity analyses on squares less than
500 km per side (e.g., 100 km, 200 km),'' which NERC is addressing in
Task 1.\57\ As
[[Page 60355]]
such, we see no basis, technical or otherwise, for not requiring
corrective action plans for assessed supplemental GMD event
vulnerabilities while requiring corrective action plans for assessed
benchmark GMD event vulnerabilities consistent with the Commission's
directions in Order Nos. 779 and 830. Accordingly, the Commission is
not persuaded by the arguments of NERC and other commenters for the
reasons discussed above, and directs that NERC develop modifications to
Reliability Standard TPL-007-2 to require corrective action plans for
assessed supplemental GMD event vulnerabilities.
---------------------------------------------------------------------------
\54\ NERC Comments at 15.
\55\ Id.
\56\ Order No. 830, 156 FERC ] 61,215 at P 45 (quoting
Pulkkinen, A., Bernabeu, E., Eichner, J., Viljanen, A., Ngwira, C.,
``Regional-Scale High-Latitude Extreme Geoelectric Fields Pertaining
to Geomagnetically Induced Currents,'' Earth, Planets and Space at 2
(June 19, 2015)).
\57\ Id. P 26; see also revised GMD Research Work Plan (Task 1)
at 6 (``further analyze the area over which spatial averaging should
be used in stability studies and transformer thermal assessments by
performing GIC analysis on squares less than 500 km per side (e.g.,
100 km, 200 km) and using the results to perform power flow and
transformer thermal assessments'').
---------------------------------------------------------------------------
B. Corrective Action Plan Deadline Extensions
NOPR
49. The NOPR stated that Requirement R7.4 of Reliability Standard
TPL-007-2 differs from Order No. 830 by allowing applicable entities to
``revise'' or ``update'' corrective action plans to extend deadlines.
This provision contrasts with the guidance in Order No. 830 that ``NERC
should consider extensions of time on a case-by-case basis.'' While
agreeing that there should be a mechanism for allowing extensions of
corrective action plan implementation deadlines, the NOPR expressed
concern with unnecessary delays in implementing protection against GMD
threats.
50. The NOPR identified two options for addressing Requirement
R7.4. Under the first option, the Commission would, pursuant to section
215(d)(5) of the FPA, direct NERC to modify Reliability Standard TPL-
007-2 to comport with Order No. 830, by requiring that NERC and the
Regional Entities, as appropriate, consider requests for extension of
time on a case-by-case basis. Under this option, responsible entities
seeking an extension would submit the information required by
Requirement R7.4 to NERC and the Regional Entities for their
consideration of the request. The Commission would also direct NERC to
prepare and submit a report addressing the disposition of any such
requests, as well as information regarding how often and why applicable
entities are exceeding corrective action plan deadlines following
implementation of Reliability Standard TPL-007-2. Under such a
directive, NERC would submit the report within 12 months from the date
on which applicable entities must comply with the last requirement of
Reliability Standard TPL-007-2. Following receipt of the report, the
Commission would determine whether further action is necessary. Under
the second option, the Commission would approve proposed Requirement
R7.4 but also direct NERC to prepare and submit the report described in
the first option (without the statistics on disposition). Following
receipt of the report, the Commission would determine whether further
action is necessary.
Comments
51. NERC supports the second option in the NOPR. NERC contends that
Reliability Standard TPL-007-2 ``provides clarity and certainty
regarding when an entity may extend a Corrective Action Plan mitigation
deadline and what steps must be followed to maintain accountability and
thus compliance with the standard.'' \58\ NERC also maintains that the
proposal ``avoids the administrative burden, uncertainty, and further
delay that could be associated with implementing a new ERO adjudication
process, such as one that would be dedicated to evaluating GMD
Corrective Action Plan deadline extensions on a case-by-case basis. ''
\59\ To address concerns regarding the possible abuse of deadline
extensions, NERC states that as ``part of the compliance monitoring and
enforcement activities for the proposed standard, NERC and Regional
Entity staff would exercise their authority to review the
reasonableness of any Corrective Action Plan delay, including reviewing
the `situations beyond the control of the responsible entity' that are
cited as causing the delay.'' \60\ As noted in the Supplemental
Material section of Reliability Standard TPL-007-2, NERC explains that
examples of such situations include ``lengthy legal or regulatory
processes, stakeholder processes required by tariff, or long equipment
lead times.'' \61\ NERC, moreover, ``agrees that a report describing
the results of NERC's monitoring of this provision could provide useful
information . . . [and] therefore commits to prepare and submit to the
Commission a report that describes how often and the reasons why
entities in the United States are exceeding Corrective Action Plan
deadlines.'' \62\
---------------------------------------------------------------------------
\58\ NERC Comments at 20.
\59\ Id.
\60\ Id. at 20-21.
\61\ Id. at 20.
\62\ Id. at 22.
---------------------------------------------------------------------------
52. Trade Associations, BPA, ISO NE, Idaho Power, and TVA support
the second option and echo the rationale for adopting the second option
in NERC's comments. Trade Associations explain that while they
previously supported a case-by-case exception process, they now believe
NERC's proposal to be more efficient and effective. Trade Associations
contend that a case-by-case approach would ``only increase
administrative tasks for NERC and applicable entities . . . [and] would
further delay any actions to mitigate rather than expedite the approval
process.'' \63\ Trade Associations also maintain that Reliability
Standard TPL-007-2 ``will not delay mitigation because this requirement
is only applicable if circumstances are beyond the entity's control.''
\64\
---------------------------------------------------------------------------
\63\ Trade Associations Comments at 13.
\64\ Id.
---------------------------------------------------------------------------
53. Reclamation does not appear to support modifying Requirement R7
to institute a case-by-case time extension process. However,
Reclamation comments that the sub-requirement in Requirement R7.4.1
requiring documentation of reasons for delaying corrective action plans
should be eliminated because it ``is merely a compliance exercise and
does not improve Bulk Electric System reliability.'' Reclamation makes
the same contention regarding the sub-requirement in Requirement R7.4.2
that a revised corrective action plan describe the original corrective
action plan.
Commission Determination
54. Reliability Standard TPL-007-2, Requirement R7.4 differs from
Order No. 830 by allowing applicable entities, under certain
conditions, to extend corrective action plan implementation deadlines
without prior approval. This conflicts with the Commission's guidance
in Order No. 830 that, using its compliance discretion, ``NERC should
consider extensions of time on a case-by-case basis.'' \65\ Based on
our consideration of the record, we believe that the case-by-case
review process contemplated by Order No. 830 is the appropriate means
for considering extension requests. Accordingly, pursuant to section
215(d)(5) of the FPA, we direct that NERC develop modifications to
Reliability Standard TPL-007-2 to replace the time-extension provision
in Requirement R7.4 with a process through which extensions of time are
considered on a case-by-case basis.
---------------------------------------------------------------------------
\65\ Order No. 830, 156 FERC ] 61,215 at P 102.
---------------------------------------------------------------------------
55. At the outset, we note that the extension process in
Requirement R7.4
[[Page 60356]]
applies only to the implementation of corrective action plans and not
to the development of corrective action plans.\66\ NERC and other
commenters supportive of the second option in the NOPR urge approval of
Requirement R7.4 without modification largely because of the perceived
uncertainty and burden associated with treating extension requests on a
case-by-case basis. While it is true that granting extensions on a
case-by-case basis involves more uncertainty and potential burdens
versus the automatic extension of time afforded by Requirement R7.4, we
must weigh this against the potential for abuse of Requirement R7.4 to
unduly delay mitigation, as well as the delayed visibility that NERC
would have into the deployment of needed GMD protections. Presented
with these competing concerns, we conclude that the imperative to
address known GMD vulnerabilities in a timely manner, and without
unwarranted delays, is more compelling. We recognize that applicable
entities that have a legitimate need for extensions require timely
responses from NERC and Regional Entities, as appropriate. Accordingly,
we expect that the extension process developed by NERC in response to
our directive will be timely and efficient such that applicable
entities will receive prompt responses after submitting to NERC or a
Regional Entity, as appropriate, the extension request and associated
information described in Requirement R7.4.\67\
---------------------------------------------------------------------------
\66\ Reliability Standard TPL-007-2, Requirement R7.4 (``[t]he
[corrective action plan] shall . . . [b]e revised if situations
beyond the control of the responsible entity . . . prevent
implementation of the [corrective action plan] within the timetable
for implementation'').
\67\ NOPR, 163 FERC ] 61,126 at P 50.
---------------------------------------------------------------------------
56. In reaching our determination on this issue, we considered
NERC's NOPR comments, which attempted to address the concerns with
Requirement R7.4 expressed in the NOPR, stating that NERC and Regional
Entity compliance and enforcement staff will review the reasonableness
of any delay in implementing corrective action plans, including
reviewing the asserted ``situations beyond the control of the
responsible entity'' cited by the applicable entity, and by citing
specific examples of the types of delays that might justify the
invocation of Requirement R7.4. NERC's comments also characterized
Requirement R7.4 as being ``not so flexible . . . as to allow entities
to extend Corrective Action Plan deadlines indefinitely or for any
reason whatsoever.'' \68\ We generally agree with the standard of
review that NERC indicates it will use to determine whether an
extension of time to implement a corrective action plan is appropriate.
However, the assessment of whether an extension of time is warranted is
more appropriately made before an applicable entity is permitted to
delay mitigation of a known GMD vulnerability. While NERC indicates
that under proposed Requirement R7.4 there are compliance consequences
for improperly delaying mitigation, mitigation of a known GMD
vulnerability will nonetheless have been delayed, and we conclude it is
important that any proposed delay be reviewed ahead of time. Therefore,
we direct NERC to modify Reliability Standard TPL-007-2, Requirement
R7.4 to develop a timely and efficient process, consistent with the
Commission's guidance in Order No. 830, to consider time extension
requests on a case-by-case basis.
---------------------------------------------------------------------------
\68\ NERC Comments at 20.
---------------------------------------------------------------------------
57. We disagree with Reclamation's comment regarding Requirement
R7.4.1, which requires a description of the circumstances necessitating
mitigation delays, because it is at odds with NERC's NOPR comments,
discussed above, in which NERC states that NERC and Regional Entities
will review the reasons for delaying mitigation. Contrary to
Reclamation's assertion that this requirement is ``merely a
documentation exercise and does not improve [bulk electric system]
reliability,'' unreasonable delays of mitigation could harm bulk
electric system reliability by leaving it vulnerable to GMDs. Moreover,
Requirement R7.4.2, also opposed by Reclamation, requiring that revised
corrective action plans describe the original and previous revisions,
provides compliance enforcement authorities with a revision history of
the corrective action plan in a single document, thus facilitating
compliance review.
C. Other Issues Raised in NOPR Comments
58. Resilient Societies' comments raise three issues not addressed
in the NOPR. First, Resilient Societies maintains that transformers
that experience an estimated GIC above 15 A/phase should be subject to
mandatory corrective action plans and the Commission should ``encourage
owner-operators and their research partners to develop `Corrective
Action Plans' for both [extra high voltage] transformers and for
associated generation stations, even if these long replacement-time
systems experience overstress at levels significantly below 75 amps per
phase.'' Second, Resilient Societies states that the Commission should
encourage best practices by industry beyond the mandatory requirements
of the Reliability Standards, including allowing cost recovery for such
practices. Third, Resilient Societies states that the Commission should
address combined GMD and electromagnetic pulse (EMP) protection.
59. In Order No. 830, the Commission approved the 75 A/phase
threshold in Reliability Standard TPL-007-1 based on the record and
despite objections from certain commenters. The Commission, however,
directed further study of this issue as part of the GMD research work
plan. Resilient Societies' comments provide no new basis for revisiting
this issue at this time. Moreover, as reflected in the NOPR proposal,
NERC has adequately supported the 85 A/phase threshold proposed in
Reliability Standard TPL-007-2 for the supplemental GMD event analysis.
However, new information resulting from the GMD research work plan will
also be relevant to this higher threshold. We will consider such
research at the appropriate time.
60. In Order No. 830, the Commission stated that ``cost recovery
for prudent costs associated with or incurred to comply with
Reliability Standard TPL-007-1 and future revisions to the Reliability
Standard will be available to registered entities.'' \69\ It is
therefore beyond the scope of this proceeding to determine, as a
general matter, whether voluntary measures beyond those required to
comply with the governing Reliability Standards are eligible for cost
recovery. That said, jurisdictional entities may of course pursue such
voluntary measures, and the Commission would consider appropriate cost
recovery for those investments through a formula rate or other rate
proceeding.
---------------------------------------------------------------------------
\69\ Order No. 830, 156 FERC ] 61,215 at P 24.
---------------------------------------------------------------------------
61. The Commission in previous orders has indicated that the
Commission's GMD proceedings are not directed to EMPs and thus
Resilient Societies' comments on EMP are out-of-scope.\70\
---------------------------------------------------------------------------
\70\ See, e.g., Order No. 830, 156 FERC ] 61,215 at P 119.
---------------------------------------------------------------------------
D. Revised GMD Research Work Plan
62. On April 19, 2018, NERC submitted a revised GMD research work
plan in response to a Commission order issued on October 19, 2017.\71\
In the October 19 Order, the Commission accepted the initial GMD
research work
[[Page 60357]]
plan filed by NERC on May 30, 2017. The Commission also directed NERC
to file a final GMD research work plan within six months and ensure
that the final GMD research work plan included a reevaluation of
reliance on single station readings when adjusting for latitude as part
of the benchmark GMD event definition. At NERC's request, the October
19 Order also provided guidance on how NERC should prioritize the tasks
in the GMD research work plan.
---------------------------------------------------------------------------
\71\ Reliability Standard for Transmission System Planned
Performance for Geomagnetic Disturbance Events, 161 FERC ] 61,048
(2017) (October 19 Order).
---------------------------------------------------------------------------
63. Bardin and Resilient Societies submitted comments in response
to the revised GMD research work plan, which largely focused on a
request for combined research on GMDs and EMPs. As discussed above,
however, EMPs are outside the scope of the Commission's directive
regarding GMD research. Resilient Societies also submitted comments
criticizing aspects of five tasks in the revised GMD research work
plan. With respect to Tasks 1, 2, 8 and 9, Resilient Societies'
criticism is based on the contention that the ``real-world data'' will
not be used to verify models. For example, Resilient Societies contends
that NERC will not use ``real-world'' GIC data to validate spatial
averaging (Task 1) or latitude scaling (Task 2). These assertions,
however, are refuted by the revised GMD research work plan. The revised
GMD research work plan indicates that the research on spatial averaging
includes an analysis of ``a large number (10-20) of localized extreme
events and collection of both ground-based and space-based data around
the times of these events.'' \72\ For latitude scaling, the revised GMD
research work plan states that NERC will evaluate the scaling factor
``using existing models and developing new models to extrapolate, from
historical data, the potential scaling of a 1-in-100 year GMD event on
lower geomagnetic latitudes.'' \73\ In addition, NERC indicates that
the data gathered through the Section 1600 data request ``will help
validate various models used in calculating GIC's and assessing their
impacts in data systems.'' \74\
---------------------------------------------------------------------------
\72\ Revised GMD Research Work Plan, Attachment 1 (Order No. 830
GMD Research Work Plan (April 2018)) at 2.
\73\ Id. at 8.
\74\ Id. at 19.
---------------------------------------------------------------------------
64. Resilient Societies other comments are directed to an alleged
lack of specificity, granularity or ``scientific assurance'' in the
testing described in Tasks 5, 8 and 9 of the revised GMD research work
plan. These criticisms are misplaced as they demand an unreasonable
degree of detail in the revised GMD research work plan. For example,
regarding Task 5, NERC states that it will ``validate[e] existing
transformer tools with all data that is presently available and with
upcoming field/laboratory test results.'' \75\ Resilient Societies,
however, contends unpersuasively that ``NERC neglects to specify `all
data that is presently available' . . . and the number of transformers
to be employed in `upcoming field laboratory test results' and also
neglects to disclose details of the test protocols to be used.'' \76\
Regarding harmonics (Tasks 8 and 9), Task 9 specifically includes
``tank vibration measurements,'' not just simulations.\77\ Moreover,
Task 8 (Improving Harmonic Analysis Capabilities) is intended to
develop more basic information than some of the other tasks in the
revised GMD research work plan where industry has more knowledge. As
with all of the revised GMD research work plan tasks (with the
exception of Task 6, which deals with the Section 1600 data request),
NERC will submit a report to the Commission on its findings.
---------------------------------------------------------------------------
\75\ Id. at 17.
\76\ Resilient Societies Comments on Revised GMD Research Work
Plan at 11.
\77\ Id. at 25.
---------------------------------------------------------------------------
65. As the revised GMD research work plan complies with Order No.
830 and the Commission's October 19 Order, we accept the revised GMD
research work plan.
III. Information Collection Statement
66. The collection of information contained in this final rule is
subject to review by the Office of Management and Budget (OMB) under
section 3507(d) of the Paperwork Reduction Act of 1995.\78\ OMB's
regulations require review and approval of certain information
collection requirements imposed by agency rules.\79\ Upon approval of a
collection of information, OMB will assign an OMB control number and an
expiration date. Respondents subject to the information collection
requirements of a rule will not be penalized for failing to respond to
the collection of information unless the collection of information
displays a valid OMB control number.
---------------------------------------------------------------------------
\78\ 44 U.S.C. 3507(d).
\79\ 5 CFR part 1320 (2018).
---------------------------------------------------------------------------
67. In the NOPR, the Commission solicited comments 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 asked that any revised burden or cost estimates submitted by
commenters be supported by sufficient detail to understand how the
estimates were generated. The Commission did not receive any comments
regarding the Commission's burden estimates.
68. The Commission approves Reliability Standard TPL-007-2, which
replaces currently-effective Reliability Standard TPL-007-1. When
compared to Reliability Standard TPL-007-1, Reliability Standard TPL-
007-2 maintains the current information collection requirements,
modifies existing Requirements R1 through R7 and adds new requirements
in Requirements R8 through R12.
69. Reliability Standard TPL-007-2 includes new corrective action
plan development and implementation deadlines in Requirement R7, new
supplemental GMD vulnerability and transformer thermal impact
assessments in Requirements R8 through R10, and requirements for
applicable entities to gather magnetometer and GIC monitored data in
Requirements R11 and R12. Deadlines in Requirement R7 for the
development and implementation of corrective action plans would only
change the timeline of such documentation and are not expected to
revise the burden to applicable entities. The burden estimates for new
Requirements R8 through R10 are expected to be similar to the burden
estimates for Requirements R4 through R6 in currently-effective
Reliability Standard TPL-007-1 due to the closely-mirrored
requirements.\80\ The Commission expects that only 25 percent or fewer
of transmission owners and generator owners would have to complete a
supplemental transformer thermal impact assessment per Requirement R10.
Requirements R11 and R12 require applicable entities to have a process
to collect GIC and magnetometer data from meters in planning
coordinator planning areas.
---------------------------------------------------------------------------
\80\ NERC Petition at 14-17.
---------------------------------------------------------------------------
Public Reporting Burden: The burden and cost estimates below are
based on the changes to the reporting and recordkeeping burden imposed
by Reliability Standard TPL-007-2. Our estimates for the number of
respondents are based on the NERC Compliance Registry as of March 3,
2018, which indicates there are 183 entities registered as transmission
planner (TP), 65 planning coordinators (PC), 330 transmission owners
(TO), 944 generator owners (GO) within the United States. However, due
to significant overlap, the
[[Page 60358]]
total number of unique affected entities (i.e., entities registered as
a transmission planner, planning coordinator, transmission owner or
generator owner, or some combination of these functional entities) is
1,130 entities. This includes 188 entities that are registered as a
transmission planner or planning coordinator (applicability for
Requirements R7 to R9 and R11 to R12), and 1,119 entities registered as
a transmission or generation owner (applicability for Requirement R10).
Given the assumption above, there is an expectation that at most only
25 percent of the 1,119 entities (or 280 entities) will have to
complete compliance activities for Requirement R10. The estimated
burden and cost are as follow.\81\
---------------------------------------------------------------------------
\81\ Hourly costs are based on the Bureau of Labor Statistics
(BLS) figures for May 2017 (Sector 22, Utilities) for wages (https://www.bls.gov/oes/current/naics2_22.htm) and benefits for December
2017 (https://www.bls.gov/news.release/ecec.nr0.htm). We estimate
that an Electrical Engineer (NAICS code 17-2071) would perform the
functions associated with reporting requirements, at an average
hourly cost (for wages and benefits) of $66.90 The functions
associated with recordkeeping requirements, we estimate, would be
performed by a File Clerk (NAICS code 43-4071) at an average hourly
cost of $32.04 for wages and benefits.
The estimated burden and cost are in addition to the burden and
cost that are associated with the existing requirements in
Reliability Standard TPL-007-1 (and in the current OMB-approved
inventory), which would continue under Reliability Standard TPL-007-
2.
The requirements for NERC to provide reports to the Commission
and to develop and submit modifications to Reliability Standard TPL-
007-2 are already covered under FERC-725 (OMB Control No. 1902-
0225).
FERC-725N, Changes Due to Final Rule in Docket No. RM18-8 82 83
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual
Annual number of Total number of Average burden burden hrs. & Cost per
Requirement (R) Number and type of responses per responses (1) x hrs. & cost per total annual cost respondent ($)
respondents (1) respondent (2) (2) = (3) response (4) (rounded) (3) x (5) / (1)
(4) = (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
R1 through R6 \84\............. No change......... No change......... No change.......... No change......... No change......... No change
R7............................. 188 (PC and TP)... 1/5 (once for 37.6............... Rep. 5 hrs., Rep. 188 hrs., Rep. 1 hr.,
every five year $334.50; RK 5 $12,577; RK 188 $66.90; RK 1 hr.,
study). hrs., $160.20. hrs., $6,023. $32.04
R8............................. 188 (PC and TP)... 1/5 (once for 37.6............... Rep., 27 hrs., Rep. 1,015 hrs., Rep., 5.4 hrs.,
every five year $1,806.30; RK, 21 $67,917; RK 790 $361.26; RK 4.2
study). hrs., $672.84. hrs., $25,299. hrs., $134.57
R9............................. 188 (PC and TP)... 1/5 (once for 37.6............... Rep. 9 hrs., Rep. 338 hrs., Rep. 1.8 hrs.,
every five year $602.10; RK 7 $22,639; RK 263 $120.42; RK 1.4
study). hrs., $224.28. hrs., $8,432. hrs., $44.85
R10............................ 280 (25% of 1,119) 1/5 (once for 56................. Rep. 22 hrs., Rep. 1,232 hrs., Rep. 4.4 hrs.,
(GO and TO). every five year $1,471.80; RK 18 $82,421; RK 1,008 $294.36; RK 3.6
study). hrs., $576.72. hrs., $32,296. hrs., $115.34
R11............................ 188 (PC and TP)... 1 (on-going 188................ Rep. 10 hrs., Rep. 1,880 hrs., Rep. 10 hrs.,
reporting). $669; RK. 10 $125,772; RK $669; RK 10 hrs.,
hrs., $320.40. 1,880 hrs., $320.40
$60,235.
R12............................ 188 (PC and TP)... 1 (on-going 188................ Rep. 10 hrs., Rep. 1,880 hrs. Rep. 10 hrs.,
reporting). $669; RK. 10 $125,772; RK $669; RK 10 hrs.,
hrs., 320.40. 1,880 hrs., $320.40
$60,235.
Total Additional Hrs. and Cost .................. .................. ................... .................. Rep., 6,533 hrs., ..................
(rounded), due to Final Rule $437,057; RK
in RM18-8. 6,009 hrs.,
$192,528.
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Title: FERC-725N, Mandatory Reliability Standards: TPL Reliability
Standards
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\82\ Rep.=reporting requirements; RK-recordkeeping requirements
(Evidence Retention).
\83\ For each Reliability Standard, the Measure shows the
acceptable evidence (Reporting Requirement) for the associated
Requirement (R numbers), and the Compliance section details the
related Recordkeeping Requirement.
\84\ While Reliability Standard TPL-007-2 extends the
requirements in existing Reliability Standard TPL-007-1,
Requirements R1 through R3 to the newly required supplemental GMD
event analyses, the obligation to conduct the supplemental GMD event
analyses is found in Reliability Standard TPL-007-2, Requirements R8
through R10.
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Action: Revisions to an existing collection of information
OMB Control No: 1902-0264
Respondents: Business or other for profit, and not for profit
institutions.
Frequency of Responses: \85\ Every five years (for Requirement R7-
R10), annually (for Requirement R11 and R12), and ongoing.
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\85\ The frequency of Requirements R1 through R6 in Reliability
Standard TPL-007-2 is unchanged from the existing requirements in
Reliability Standard TPL-007-1.
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Necessity of the Information: Reliability Standard TPL-007-2
implements 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,
these requirements address the threat posed by GMD events to the Bulk-
Power System and conform to the Commission's directives to modify
Reliability Standard TPL-007-1 as directed in Order No. 830.
Internal review: The Commission has reviewed Reliability Standard
TPL-007-2, and made a determination that its action 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.
70. 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
[[Page 60359]]
[Attention: Ellen Brown, email: [email protected], phone: (202)
502-8663, fax: (202) 273-0873].
71. Comments concerning the collection of information and the
associated burden estimate should be sent to the Commission in this
docket and may also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street NW,
Washington, DC 20503 [Attention: Desk Officer for the Federal Energy
Regulatory Commission]. Due to security concerns, comments should be
sent electronically to the following email address:
[email protected]. Comments submitted to OMB should refer to
FERC-725N and OMB Control No. 1902-0264.
IV. Environmental Analysis
72. 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.\86\ 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.\87\ The actions here fall
within this categorical exclusion in the Commission's regulations.
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\86\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987)
(cross-referenced at 41 FERC ] 61,284).
\87\ 18 CFR 380.4(a)(2)(ii) (2018).
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V. Regulatory Flexibility Act
73. The Regulatory Flexibility Act of 1980 (RFA) \88\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The definition of small business is provided by the Small Business
Administration (SBA) at 13 CFR 121.201. The threshold for a small
utility (using SBA's sub-sector 221) is based on the number of
employees for a concern and its affiliates. As discussed above,
Reliability Standard TPL-007-2 applies to a total of 1,130 unique
planning coordinators, transmission planners, transmission owners, and
generation owners.\89\ A small utility (and its affiliates) is defined
as having no more than the following number of employees:
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\88\ 5 U.S.C. 601-12.
\89\ In the NERC Registry, there are approximately 65 PCs, 188
TPs, 944 GOs, and 330 TOs (in the United States), which will be
affected by this final rule. Because some entities serve in more
than one role, these figures involve some double counting.
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For planning coordinators, transmission planners, and
transmission owners (NAICS code 221121, Electric Bulk Power
Transmission and Control), a maximum of 500 employees
for generator owners, a maximum of 750 employees.\90\
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\90\ The maximum number of employees for a generator owner (and
its affiliates) to be ``small'' varies from 250 to 750 employees,
depending on the type of generation (e.g., hydroelectric, nuclear,
fossil fuel, wind). For this analysis, we use the most conservative
threshold of 750 employees.
---------------------------------------------------------------------------
74. As estimated in the NOPR, the total cost to all entities (large
and small) is $629,585 annually (or an average of $1,345.27 for each of
the estimated 468 entities affected annually). For the estimated 280
generator owners and transmission owners affected annually, the average
cost would be $409.70 per year. For the estimated 188 planning
coordinators and transmission planners, the estimated average annual
cost would be $2,738.84. The estimated annual cost to each affected
entity varies from $409.70 to $2,738.84 and is not considered
significant. The Commission did not receive any comments regarding
these burden and cost estimates.
75. Accordingly, the Commission certifies that this final rule will
not have a significant economic impact on a substantial number of small
entities.
VI. Document Availability
76. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through FERC's Home Page (https://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5:00
p.m. Eastern time) at 888 First Street NE, Room 2A, Washington DC
20426.
77. From FERC's Home Page on the internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
78. User assistance is available for eLibrary and the FERC's
website during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at
[email protected].
VII. Effective Date and Congressional Notification
These regulations are effective January 25, 2019. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. The rule will be provided
to the Senate, House, Government Accountability Office, and the SBA.
By the Commission. Commissioner McIntyre is not voting on this
order.
Issued: November 15, 2018.
Kimberly D. Bose,
Secretary.
Note: The following appendix will not appear in the Code of
Federal Regulations.
APPENDIX--List of Commenters
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Abbreviation Commenter
------------------------------------------------------------------------
Bardin............................ David Bardin.
BPA............................... Bonneville Power Administration.
Idaho Power....................... Idaho Power Company.
ISO NE............................ ISO New England Inc.
NERC.............................. North American Electric Reliability
Corporation.
Reclamation....................... Bureau of Reclamation.
Resilient Societies............... Foundation for Resilient Societies.
Trade Associations................ American Public Power Association,
Edison Electric Institute,
Electricity Consumers Resource
Council, Large Public Power
Council, National Rural Electric
Cooperative Association.
TVA............................... Tennessee Valley Authority.
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[[Page 60360]]
[FR Doc. 2018-25678 Filed 11-23-18; 8:45 am]
BILLING CODE 6717-01-P