Commission Information Collection Activities (FERC-717); Comment Request; Extension, 88383-88386 [2023-28130]
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
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Program Authority: 20 U.S.C. 2327.
Amy Loyd,
Assistant Secretary for Career, Technical, and
Adult Education.
[FR Doc. 2023–28127 Filed 12–20–23; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Energy Information Administration
Agency Information Collection
Proposed Extension
Energy Information
Administration (EIA), Department of
Energy (DOE).
ACTION: Notice and request for
comments.
AGENCY:
EIA invites public comment
on the proposed three-year extension,
with change, of Form EIA–111 Quarterly
Electricity Imports and Exports Report,
as required by the Paperwork Reduction
Act of 1995. Form EIA–111 collects
information on U.S. imports and exports
of electricity. Data are used to obtain
estimates on the flows of electricity into
and out of the United States.
DATES: EIA must receive all comments
on this proposed information collection
no later than February 20, 2024. If you
anticipate difficulty in submitting
comments within that period, contact
the person listed in ADDRESSES as soon
as possible.
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SUMMARY:
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Written comments may only
be sent electronically by email to
EIA111@eia.gov.
FOR FURTHER INFORMATION CONTACT:
Glenn McGrath at (202) 586–4325 or by
email at glenn.mcgrath@eia.gov. The
form and instructions are available at
https://www.eia.gov/survey/changes/
electricity/.
SUPPLEMENTARY INFORMATION: This
information collection request contains:
(1) OMB No.: 1905–0208;
(2) Information Collection Request
Title: Quarterly Electricity Imports and
Exports Report;
(3) Type of Request: Three-year
extension with change;
(4) Purpose: Form EIA–111 collects
U.S. electricity import and export data
on a quarterly basis. The data are used
to measure the flow of electricity into
and out of the United States. The import
and export data are reported by U.S.
purchasers, sellers and transmitters of
wholesale electricity, including persons
authorized by Order to export electric
energy from the United States to foreign
countries, persons authorized by
Presidential Permit to construct,
operate, maintain, or connect electric
power transmission lines that cross the
U.S. international border, and U.S.
Balancing Authorities that are directly
interconnected with foreign Balancing
Authorities. Such entities report
monthly flows of electric energy
received or delivered across the border,
the cost associated with the
transactions, and actual and
implemented interchange.
(4a) Proposed Changes to Information
Collection: There is a reduction in the
number of survey respondents required
to file EIA–111 reports. This reduces the
annual estimated responses and
associated burden hours. There is no
change to the content collected on the
EIA–111.
(5) Annual Estimated Number of
Respondents: 153;
(6) Annual Estimated Number of
Total Responses: 612;
(7) Annual Estimated Number of
Burden Hours: 918;
(8) Annual Estimated Reporting and
Recordkeeping Cost Burden: $80,196.48
(918 burden hours times $87.36 per
hour). EIA estimates that respondents
will have no additional costs associated
with the surveys other than the burden
hours and maintenance of the
information as part of the normal course
of business.
Comments are invited on whether or
not: (a) The proposed collection of
information is necessary for the proper
performance of agency functions,
including whether the information will
ADDRESSES:
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have a practical utility; (b) EIA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used, is accurate; (c) EIA
can improve the quality, utility, and
clarity of the information it will collect;
and (d) EIA can minimize the burden of
the collection of information on
respondents, such as automated
collection techniques or other forms of
information technology.
Statutory Authority: 15 U.S.C. 772(b)
and 42 U.S.C. 7101 et seq.
Signed in Washington, DC, on December
18, 2023.
Samson A. Adeshiyan,
Office Director, Office of Statistical Methods
& Research, U.S. Energy Information
Administration.
[FR Doc. 2023–28142 Filed 12–20–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC23–14–000]
Commission Information Collection
Activities (FERC–717); Comment
Request; Extension
Federal Energy Regulatory
Commission.
ACTION: Notice of extension of
information collection and request for
comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(‘‘Commission’’ or ‘‘FERC’’) is soliciting
public comment on the extension to the
information collection, FERC–717
(Standards for Business Practices and
Communication Protocols for Public
Utilities) (OMB Control No. 1902–0173),
which will be submitted to the Office of
Management and Budget (OMB) for
review.
SUMMARY:
Comments on the collection of
information are due [INSERT DATE 30
DAYS AFTER DATE OF PUBLICATION
IN THE FEDERAL REGISTER].
ADDRESSES: Send written comments on
the information collections to OMB
through www.reginfo.gov/public/do/
PRAMain. Attention: Federal Energy
Regulatory Commission Desk Officer.
Please identify the OMB Control
Number (1902–0173) in the subject line
of your comments. Comments should be
sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain.
DATES:
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
A copy of the comments should also
be sent to the Commission, in Docket
No. IC23–14–000 by any of the
following methods:
• eFiling at Commission’s website:
https://www.ferc.gov/docs-filing/
efiling.asp.
• U.S. Postal Service Mail: Persons
unable to file electronically may mail
similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426.
• Effective July 1, 2020, delivery of
filings other than by eFiling or the U.S.
Postal Service should be delivered to
Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland
20852.
Instructions:
OMB submissions must be formatted
and filed in accordance with submission
guidelines at www.reginfo.gov/public/
do/PRAMain. Using the search function
under the ‘‘Currently Under Review’’
field, select Federal Energy Regulatory
Commission; click ‘‘submit,’’ and select
‘‘comment’’ to the right of the subject
collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT: Jean
Sonneman may be reached by email at
DataClearance@FERC.gov, telephone at
(202) 502–6362.
SUPPLEMENTARY INFORMATION:
Title: FERC–717, Standards for
Business Practices and Communication
Protocols for Public Utilities.
OMB Control No.: 1902–0173.
Type of Request: Three-year approval
of the FERC–717 information collection
requirements with no changes to the
current reporting requirements.
Abstract: This notice pertains to a
requirement that Transmission
Providers 1 provide certain information
regarding their transmission operations
on an Open Access Same-Time
Information System (OASIS). This
requirement was established because
the Commission has determined that
Transmission Customers 2 must have
1 Under 18 CFR 37.3(a), a ‘‘Transmission
Provider’’ is any public utility that owns, operates,
or controls facilities used for the transmission of
electric energy in interstate commerce.
2 Under 18 CFR 37.3(b), a ‘‘Transmission
Customer’’ is any eligible customer (or its
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simultaneous access to the same
information available to the
Transmission Provider in order to
receive nondiscriminatory transmission
services in accordance with section 205
of the Federal Power Act.3
Section 205 of the Federal Power Act
(FPA) requires that all rates and charges
for the transmission or sale of electric
energy and all rules and regulations
affecting or pertaining to such rates and
charges be just and reasonable. Section
206 of the FPA (16 U.S.C. 824e)
authorizes FERC to initiate a proceeding
to address any ‘‘rate, charge or
classification’’ related to the
transmission or sale of electricity that
the agency determines is ‘‘unjust,
unreasonable, unduly discriminatory or
preferential.’’
Commission regulations at 18 CFR
35.28 and 18 CFR part 37 are in
accordance with FPA Sections 205 and
206. The regulation at 18 CFR 35.28
applies to any public utility that owns,
operates, or controls interstate
transmission facilities and any nonpublic utility seeking voluntary
compliance with jurisdictional
transmission tariff reciprocity
conditions. These entities must offer
transmission service on an open and
non-discriminatory basis pursuant to a
pro forma Open Access Transmission
Tariff (OATT).
Part 37 applies to any public utility
that owns, operates, or controls facilities
used for the transmission of electric
energy in interstate commerce and to
transactions performed under the pro
forma OATT established under 18 CFR
35.28. As stated at 18 CFR 37.2, the
purpose of 18 CFR part 37 is to ensure
that potential customers of open access
transmission service receive access to
information that will enable them to
obtain transmission service on a nondiscriminatory basis from any
Transmission Provider.4 The regulations
in 18 CFR part 37 provide standards of
conduct and require the Transmission
Provider (or its agent) to create and
operate an Open Access Same-Time
Information System (OASIS) that gives
all users of the open access transmission
system access to the same information.
Regulations at 18 CFR part 37
authorize Transmission Providers to
operate an OASIS either individually or
jointly with other Transmission
Providers. These regulations also
designated agent) that can or does execute a
transmission service agreement or can or does
receive transmission service.
3 16 U.S.C. 824d.
4 As defined at 18 CFR 37.3(a), a ‘‘Transmission
Provider’’ is any public utility that owns, operates,
or controls facilities used for the transmission of
electricity in interstate commerce.
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provide that a Transmission Provider
may delegate this responsibility to a
Responsible Party 5 such as another
Transmission Provider, an Independent
System Operator, a Regional
Transmission Group, or a Regional
Reliability Council.
The collection of information in
accordance with FERC–717 is necessary
for the implementation of OASIS. The
regulation at 18 CFR 37.6 lists the
information that Transportation
Providers or Responsible Parties must
calculate and post on OASIS. Paragraph
(a) of section 37.6 provides that the
information posted on OASIS must be
in such detail and the OASIS must have
such capabilities as to allow
Transmission Customers 6 to:
(1) Make requests for transmission
services offered by Transmission
Providers, Resellers 7 and other
providers of ancillary services, request
the designation of a network resource,
and request the termination of the
designation of a network resource;
(2) View and download in standard
formats, using standard protocols,8
information regarding the transmission
system necessary to enable prudent
business decision making;
(3) Post, view, upload and download
information regarding available
products and desired services;
(4) Clearly identify the degree to
which transmission service requests or
schedules were denied or interrupted;
(5) Obtain access, in electronic format,
to information to support available
transmission capability calculations and
historical transmission service requests
and schedules for various audit
purposes; and
(6) Make file transfers and automated
computer-to-computer file transfers and
queries as defined by the Standards and
Communications Protocols Document.
5 Under 18 CFR 37.3(c), a ‘‘Responsible Party’’ is
a Transmission Provider or an agent to whom the
Transmission Provider has delegated the
responsibility of meeting any of the requirements of
18 CFR part 37.
6 As defined at 18 CFR 37.3(b), a ‘‘Transmission
Customer’’ is any eligible customer (or its
designated agent) that can or does execute a
transmission service agreement or can or does
receive transmission service.
7 As defined at 18 CFR 37.3(d), a ‘‘Reseller’’ is any
Transmission Customer who offers to sell
transmission capacity it has purchased.
8 The standard protocols are included in the
Standards for Business Practices and
Communication Protocols for Public Utilities
adopted by the Wholesale Electric Quadrant (WEQ)
of the North American Energy Standards Board
(NAESB). The Commission adopted the protocols
by reference in 18 CFR 38.1(b)(2)(iv) in a final rule
at 86 FR 29491 (June 2, 2021). The protocols remain
effective at present.
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Calculation Methods, Availability of
Information, and Requests
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The regulation at 18 CFR 37.6(b)(2)
provides that information used to
calculate any posting of ATC and TTC 9
must be dated and time-stamped and all
calculations shall be performed
according to consistently applied
methodologies referenced in the
Transmission Provider’s transmission
tariff and shall be based on
Commission-approved Reliability
Standards, business practice and
electronic communication standards,
and related implementation documents,
as well as current industry practices,
standards and criteria. Such
calculations shall be conducted in a
manner that is transparent, consistent
with anticipated system conditions and
outages for the relevant timeframe, and
not unduly discriminatory or
preferential.
On request, the Responsible Party
must make all data used to calculate
ATC, TTC, Capacity Benefit Margin,10
and Transmission Reliability Margin 11
for any constrained posted paths
publicly available in electronic form
within one week of the posting. The
information is required to be provided
only in the electronic format in which
it was created, along with any necessary
decoding instructions, at a cost limited
to the cost of reproducing the material.
This information is to be retained for six
9 As defined at 18 CFR 37.6(b)(1): (1) ATC is the
transfer capability remaining in the physical
transmission network for further commercial
activity over and above already committed uses, or
such definition as contained in Commissionapproved Reliability Standards. (2) TTC is the
amount of electric power that can be moved or
transferred reliably from one area to another area of
the interconnected transmission systems by way of
all transmission lines (or paths) between those areas
under specified system conditions, or such
definition as contained in Commission-approved
Reliability Standards.
10 As defined at 18 CFR 37.6(b)(1)(vii), ‘‘Capacity
Benefit Margin’’ means the amount of TTC
preserved by the Transmission Provider for loadserving entities, whose loads are located on that
Transmission Provider’s system, to enable access by
the load-serving entities to generation from
interconnected systems to meet generation
reliability requirements, or such definition as
contained in Commission-approved Reliability
Standards.
11 As defined at 18 CFR 37.6(b)(1)(viii),
‘‘Transmission Reliability Margin’’ is the amount of
TTC necessary to provide reasonable assurance that
the interconnected transmission network will be
secure, or such definition as contained in
Commission-approved Reliability Standards.
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months after the applicable posting
period.
System planning studies, facilities
studies, and specific network impact
studies performed for customers or the
Transmission Provider’s own network
resources are to be made publicly
available in electronic form on request
and a list of such studies must be posted
on the OASIS. A study is required to be
provided only in the electronic format
in which it was created, along with any
necessary decoding instructions, at a
cost limited to the cost of reproducing
the material. These studies are to be
retained for five years.
Posting Requirements
Paragraph (b)(3) of 18 CFR 37.6
requires Transmission Providers to
calculate and post the ATC, TTC, CBM,
and TRM in megawatts for each Posted
Path.12 Paragraph (c) of 18 CFR 37.6
requires Transmission Providers to post
prices and a summary of the terms and
conditions associated with all
transmission products offered to
Transmission Customers. Paragraph (d)
of 18 CFR 37.6 requires Transmission
Providers to post any ancillary service
required to be provided or offered under
the pro forma OATT.
Standards of Conduct
The Commission established
Standards of Conduct at 18 CFR 37.4
requiring that personnel engaged in
transmission system operations function
independently from personnel engaged
in marketing functions. The Standards
of Conduct were designed to prevent
employees of a public utility (or any of
its affiliates) engaged in marketing
functions from preferential access to
OASIS-related information or from
engaging in unduly discriminatory
business practices. Companies were
required to separate their transmission
operations/reliability functions from
their marketing/merchant functions and
12 As defined at 18 CFR 37.6(b)(1)(i), ‘‘Posted
Path’’ means any control area to control area
interconnection; any path for which service is
denied, curtailed, or interrupted for more than 24
hours in the past 12 months; and any path for
which a customer requests to have ATC or TTC
posted. For this last category, the posting must
continue for 180 days and thereafter until 180 days
have elapsed from the most recent request for
service over the requested path. For purposes of this
definition, an hour includes any part of an hour
during which service was denied, curtailed, or
interrupted.
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prevent system operators from
providing merchant employees and
employees of affiliates with
transmission-related information not
available to all customers at the same
time through public posting on the
OASIS.
The information that must be posted
at OASIS sites is listed at 18 CFR 37.6.
The required postings include business
practices, communication protocols,
transfer capacity, transmission service
products, and prices. Some of the
required business practices and
communication protocols are
incorporated by reference at 18 CFR
38.1(b).
The 60-day notice was published on
October 13, 2023 (88 FR 70967) and no
comments were received during the
comment period.
Type of Respondents: Transmission
Providers and Responsible Parties.
Estimate of Annual Burden 13: The
previous information collection request
(ICR Reference No. 202002–1902–006)
in the year 2020 was approved by OMB
with a one-time burden that was
expected to be completed in Year One.
As averaged over a three-year period,
the annual responses were estimated as
165 annually, 10 hours per response,
and total hours of 1,650 hours. These
burdens are not included in this
information collection request because
all respondents have complied with that
one-time burden. The removal of those
burdens constitutes a program change.
The estimated annual number of
responses for the ongoing information
collection activity are adjusted in this
information collection request from 162
to 216, an increase of 54 responses.
Based on a review of the information
collection since our last submission, we
have determined this change in number
of responses is due to changes in the
regulated industry.
The current burden estimates are
shown in the following table.
13 Burden is defined as the total time, effort, or
financial resources expended by persons to
generate, maintain, retain, or disclose or provide
information to or for a Federal agency. For further
explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
14 The Commission staff thinks that the average
respondent for this collection is similarly situated
to the Commission, in terms of salary plus benefits.
Based upon FERC’s FY 2022 annual average of
$199,867 (for salary plus benefits), the average
hourly cost is $96/hour.
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
BURDEN ESTIMATES FOR FERC–717, STANDARDS FOR BUSINESS PRACTICES AND COMMUNICATION PROTOCOLS FOR
PUBLIC UTILITIES
Information collection requirement
Number of
respondents
Annual
number of
responses per
respondent
Total number
of responses
Average burden
hours and cost per
response 14
Total annual burden
hours and total
annual cost
(1)
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
216
1
216
30 hrs.; $2,880 ........
6,480 hrs.; $622,080
Open Access Same-Time Information (OASIS)
Comments: Comments are invited on:
(1) whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information collection;
and (4) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
Dated: December 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–28130 Filed 12–20–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
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Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC24–25–000.
Applicants: Moonshot Solar, LLC,
PGR 2022 Lessee 5, LLC.
Description: Joint Application for
Authorization Under section 203 of the
Federal Power Act of Moonshot Solar,
LLC, et al.
Filed Date: 12/15/23.
Accession Number: 20231215–5193.
Comment Date: 5 p.m. ET 1/5/24.
Take notice that the Commission
received the following Complaints and
Compliance filings in EL Dockets:
Docket Numbers: EL23–95–000;
ER14–225–009.
Applicants: New Brunswick Energy
Marketing Corporation, New Brunswick
Energy Marketing Corporation.
Description: New Brunswick Energy
Marketing Corporation submits
Response to Show Cause Order.
Filed Date: 12/8/23.
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18:15 Dec 20, 2023
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Accession Number: 20231208–5225.
Comment Date: 5 p.m. ET 12/29/23.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER23–2359–004.
Applicants: PJM Interconnection,
L.L.C.
Description: Tariff Amendment:
Amendment to ISA/CSA SA Nos. 6967
& 6968; Queue No. AD2–100/131–
Docket ER23–2359 to be effective 9/6/
2023.
Filed Date: 12/15/23.
Accession Number: 20231215–5223.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–19–001.
Applicants: Cottontail Solar 1, LLC.
Description: Tariff Amendment:
Response to Deficiency Letter to be
effective 1/15/2024.
Filed Date: 12/15/23.
Accession Number: 20231215–5206.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–20–001.
Applicants: Cottontail Solar 2, LLC.
Description: Tariff Amendment:
Response to Deficiency Filing to be
effective 12/4/2023.
Filed Date: 12/15/23.
Accession Number: 20231215–5208.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–21–001.
Applicants: Cottontail Solar 8, LLC.
Description: Tariff Amendment:
Response to Deficiency Letter to be
effective 12/15/2023.
Filed Date: 12/15/23.
Accession Number: 20231215–5213.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–116–001.
Applicants: Rhythm Ops, LLC.
Description: Tariff Amendment:
Rhythm Ops LLC Supplemental Filing
to be effective 12/16/2023.
Filed Date: 12/14/23.
Accession Number: 20231214–5205.
Comment Date: 5 p.m. ET 1/4/24.
Docket Numbers: ER24–134–001.
Applicants: Three Rivers District
Energy, LLC.
Description: Tariff Amendment:
Amendment to 1 to be effective 12/18/
2023.
Filed Date: 12/15/23.
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Accession Number: 20231215–5222.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–672–000.
Applicants: Moonshot Solar, LLC.
Description: Baseline eTariff Filing:
Moonshot Solar, LLC MBR Tariff to be
effective 2/1/2024.
Filed Date: 12/14/23.
Accession Number: 20231214–5211.
Comment Date: 5 p.m. ET 1/4/24.
Docket Numbers: ER24–673–000.
Applicants: PGR 2022 Lessee 5, LLC.
Description: Baseline eTariff Filing:
PGR 2022 Lessee 5, LLC MBR Tariff to
be effective 2/1/2024.
Filed Date: 12/14/23.
Accession Number: 20231214–5213.
Comment Date: 5 p.m. ET 1/4/24.
Docket Numbers: ER24–674–000.
Applicants: GenOn Energy
Management, LLC.
Description: § 205(d) Rate Filing:
Market-Based Rate Tariff Revisions to be
effective 12/15/2023.
Filed Date: 12/14/23.
Accession Number: 20231214–5215.
Comment Date: 5 p.m. ET 1/4/24.
Docket Numbers: ER24–675–000.
Applicants: Pennsylvania Electric
Company, PJM Interconnection, L.L.C.
Description: § 205(d) Rate Filing:
Pennsylvania Electric Company submits
tariff filing per 35.13(a)(2)(iii: Penelec
submits One Construction Agreement,
SA No. 6640 to be effective 2/14/2024.
Filed Date: 12/15/23.
Accession Number: 20231215–5035.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–676–000.
Applicants: Golden Fields Solar IV,
LLC
Description: § 205(d) Rate Filing: SFA
Amendment Filing to be effective 12/16/
2023.
Filed Date: 12/15/23.
Accession Number: 20231215–5042.
Comment Date: 5 p.m. ET 1/5/24.
Docket Numbers: ER24–677–000.
Applicants: New York Independent
System Operator, Inc., Niagara Mohawk
Power Corporation.
Description: § 205(d) Rate Filing: New
York Independent System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii:
NYISO–NMPC Joint 205: Scnd Amnd
E:\FR\FM\21DEN1.SGM
21DEN1
Agencies
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88383-88386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28130]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC23-14-000]
Commission Information Collection Activities (FERC-717); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of extension of information collection and request for
comments.
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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (``Commission''
or ``FERC'') is soliciting public comment on the extension to the
information collection, FERC-717 (Standards for Business Practices and
Communication Protocols for Public Utilities) (OMB Control No. 1902-
0173), which will be submitted to the Office of Management and Budget
(OMB) for review.
DATES: Comments on the collection of information are due [INSERT DATE
30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Send written comments on the information collections to OMB
through www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy
Regulatory Commission Desk Officer. Please identify the OMB Control
Number (1902-0173) in the subject line of your comments. Comments
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
[[Page 88384]]
A copy of the comments should also be sent to the Commission, in
Docket No. IC23-14-000 by any of the following methods:
eFiling at Commission's website: https://www.ferc.gov/docs-filing/efiling.asp.
U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
Effective July 1, 2020, delivery of filings other than by
eFiling or the U.S. Postal Service should be delivered to Health and
Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
Instructions:
OMB submissions must be formatted and filed in accordance with
submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the
search function under the ``Currently Under Review'' field, select
Federal Energy Regulatory Commission; click ``submit,'' and select
``comment'' to the right of the subject collection.
FERC submissions must be formatted and filed in accordance with
submission guidelines at: https://www.ferc.gov. For user assistance,
contact FERC Online Support by email at [email protected], or
by phone at: (866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT: Jean Sonneman may be reached by email
at [email protected], telephone at (202) 502-6362.
SUPPLEMENTARY INFORMATION:
Title: FERC-717, Standards for Business Practices and Communication
Protocols for Public Utilities.
OMB Control No.: 1902-0173.
Type of Request: Three-year approval of the FERC-717 information
collection requirements with no changes to the current reporting
requirements.
Abstract: This notice pertains to a requirement that Transmission
Providers \1\ provide certain information regarding their transmission
operations on an Open Access Same-Time Information System (OASIS). This
requirement was established because the Commission has determined that
Transmission Customers \2\ must have simultaneous access to the same
information available to the Transmission Provider in order to receive
nondiscriminatory transmission services in accordance with section 205
of the Federal Power Act.\3\
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\1\ Under 18 CFR 37.3(a), a ``Transmission Provider'' is any
public utility that owns, operates, or controls facilities used for
the transmission of electric energy in interstate commerce.
\2\ Under 18 CFR 37.3(b), a ``Transmission Customer'' is any
eligible customer (or its designated agent) that can or does execute
a transmission service agreement or can or does receive transmission
service.
\3\ 16 U.S.C. 824d.
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Section 205 of the Federal Power Act (FPA) requires that all rates
and charges for the transmission or sale of electric energy and all
rules and regulations affecting or pertaining to such rates and charges
be just and reasonable. Section 206 of the FPA (16 U.S.C. 824e)
authorizes FERC to initiate a proceeding to address any ``rate, charge
or classification'' related to the transmission or sale of electricity
that the agency determines is ``unjust, unreasonable, unduly
discriminatory or preferential.''
Commission regulations at 18 CFR 35.28 and 18 CFR part 37 are in
accordance with FPA Sections 205 and 206. The regulation at 18 CFR
35.28 applies to any public utility that owns, operates, or controls
interstate transmission facilities and any non-public utility seeking
voluntary compliance with jurisdictional transmission tariff
reciprocity conditions. These entities must offer transmission service
on an open and non-discriminatory basis pursuant to a pro forma Open
Access Transmission Tariff (OATT).
Part 37 applies to any public utility that owns, operates, or
controls facilities used for the transmission of electric energy in
interstate commerce and to transactions performed under the pro forma
OATT established under 18 CFR 35.28. As stated at 18 CFR 37.2, the
purpose of 18 CFR part 37 is to ensure that potential customers of open
access transmission service receive access to information that will
enable them to obtain transmission service on a non-discriminatory
basis from any Transmission Provider.\4\ The regulations in 18 CFR part
37 provide standards of conduct and require the Transmission Provider
(or its agent) to create and operate an Open Access Same-Time
Information System (OASIS) that gives all users of the open access
transmission system access to the same information.
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\4\ As defined at 18 CFR 37.3(a), a ``Transmission Provider'' is
any public utility that owns, operates, or controls facilities used
for the transmission of electricity in interstate commerce.
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Regulations at 18 CFR part 37 authorize Transmission Providers to
operate an OASIS either individually or jointly with other Transmission
Providers. These regulations also provide that a Transmission Provider
may delegate this responsibility to a Responsible Party \5\ such as
another Transmission Provider, an Independent System Operator, a
Regional Transmission Group, or a Regional Reliability Council.
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\5\ Under 18 CFR 37.3(c), a ``Responsible Party'' is a
Transmission Provider or an agent to whom the Transmission Provider
has delegated the responsibility of meeting any of the requirements
of 18 CFR part 37.
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The collection of information in accordance with FERC-717 is
necessary for the implementation of OASIS. The regulation at 18 CFR
37.6 lists the information that Transportation Providers or Responsible
Parties must calculate and post on OASIS. Paragraph (a) of section 37.6
provides that the information posted on OASIS must be in such detail
and the OASIS must have such capabilities as to allow Transmission
Customers \6\ to:
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\6\ As defined at 18 CFR 37.3(b), a ``Transmission Customer'' is
any eligible customer (or its designated agent) that can or does
execute a transmission service agreement or can or does receive
transmission service.
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(1) Make requests for transmission services offered by Transmission
Providers, Resellers \7\ and other providers of ancillary services,
request the designation of a network resource, and request the
termination of the designation of a network resource;
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\7\ As defined at 18 CFR 37.3(d), a ``Reseller'' is any
Transmission Customer who offers to sell transmission capacity it
has purchased.
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(2) View and download in standard formats, using standard
protocols,\8\ information regarding the transmission system necessary
to enable prudent business decision making;
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\8\ The standard protocols are included in the Standards for
Business Practices and Communication Protocols for Public Utilities
adopted by the Wholesale Electric Quadrant (WEQ) of the North
American Energy Standards Board (NAESB). The Commission adopted the
protocols by reference in 18 CFR 38.1(b)(2)(iv) in a final rule at
86 FR 29491 (June 2, 2021). The protocols remain effective at
present.
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(3) Post, view, upload and download information regarding available
products and desired services;
(4) Clearly identify the degree to which transmission service
requests or schedules were denied or interrupted;
(5) Obtain access, in electronic format, to information to support
available transmission capability calculations and historical
transmission service requests and schedules for various audit purposes;
and
(6) Make file transfers and automated computer-to-computer file
transfers and queries as defined by the Standards and Communications
Protocols Document.
[[Page 88385]]
Calculation Methods, Availability of Information, and Requests
The regulation at 18 CFR 37.6(b)(2) provides that information used
to calculate any posting of ATC and TTC \9\ must be dated and time-
stamped and all calculations shall be performed according to
consistently applied methodologies referenced in the Transmission
Provider's transmission tariff and shall be based on Commission-
approved Reliability Standards, business practice and electronic
communication standards, and related implementation documents, as well
as current industry practices, standards and criteria. Such
calculations shall be conducted in a manner that is transparent,
consistent with anticipated system conditions and outages for the
relevant timeframe, and not unduly discriminatory or preferential.
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\9\ As defined at 18 CFR 37.6(b)(1): (1) ATC is the transfer
capability remaining in the physical transmission network for
further commercial activity over and above already committed uses,
or such definition as contained in Commission-approved Reliability
Standards. (2) TTC is the amount of electric power that can be moved
or transferred reliably from one area to another area of the
interconnected transmission systems by way of all transmission lines
(or paths) between those areas under specified system conditions, or
such definition as contained in Commission-approved Reliability
Standards.
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On request, the Responsible Party must make all data used to
calculate ATC, TTC, Capacity Benefit Margin,\10\ and Transmission
Reliability Margin \11\ for any constrained posted paths publicly
available in electronic form within one week of the posting. The
information is required to be provided only in the electronic format in
which it was created, along with any necessary decoding instructions,
at a cost limited to the cost of reproducing the material. This
information is to be retained for six months after the applicable
posting period.
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\10\ As defined at 18 CFR 37.6(b)(1)(vii), ``Capacity Benefit
Margin'' means the amount of TTC preserved by the Transmission
Provider for load-serving entities, whose loads are located on that
Transmission Provider's system, to enable access by the load-serving
entities to generation from interconnected systems to meet
generation reliability requirements, or such definition as contained
in Commission-approved Reliability Standards.
\11\ As defined at 18 CFR 37.6(b)(1)(viii), ``Transmission
Reliability Margin'' is the amount of TTC necessary to provide
reasonable assurance that the interconnected transmission network
will be secure, or such definition as contained in Commission-
approved Reliability Standards.
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System planning studies, facilities studies, and specific network
impact studies performed for customers or the Transmission Provider's
own network resources are to be made publicly available in electronic
form on request and a list of such studies must be posted on the OASIS.
A study is required to be provided only in the electronic format in
which it was created, along with any necessary decoding instructions,
at a cost limited to the cost of reproducing the material. These
studies are to be retained for five years.
Posting Requirements
Paragraph (b)(3) of 18 CFR 37.6 requires Transmission Providers to
calculate and post the ATC, TTC, CBM, and TRM in megawatts for each
Posted Path.\12\ Paragraph (c) of 18 CFR 37.6 requires Transmission
Providers to post prices and a summary of the terms and conditions
associated with all transmission products offered to Transmission
Customers. Paragraph (d) of 18 CFR 37.6 requires Transmission Providers
to post any ancillary service required to be provided or offered under
the pro forma OATT.
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\12\ As defined at 18 CFR 37.6(b)(1)(i), ``Posted Path'' means
any control area to control area interconnection; any path for which
service is denied, curtailed, or interrupted for more than 24 hours
in the past 12 months; and any path for which a customer requests to
have ATC or TTC posted. For this last category, the posting must
continue for 180 days and thereafter until 180 days have elapsed
from the most recent request for service over the requested path.
For purposes of this definition, an hour includes any part of an
hour during which service was denied, curtailed, or interrupted.
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Standards of Conduct
The Commission established Standards of Conduct at 18 CFR 37.4
requiring that personnel engaged in transmission system operations
function independently from personnel engaged in marketing functions.
The Standards of Conduct were designed to prevent employees of a public
utility (or any of its affiliates) engaged in marketing functions from
preferential access to OASIS-related information or from engaging in
unduly discriminatory business practices. Companies were required to
separate their transmission operations/reliability functions from their
marketing/merchant functions and prevent system operators from
providing merchant employees and employees of affiliates with
transmission-related information not available to all customers at the
same time through public posting on the OASIS.
The information that must be posted at OASIS sites is listed at 18
CFR 37.6. The required postings include business practices,
communication protocols, transfer capacity, transmission service
products, and prices. Some of the required business practices and
communication protocols are incorporated by reference at 18 CFR
38.1(b).
The 60-day notice was published on October 13, 2023 (88 FR 70967)
and no comments were received during the comment period.
Type of Respondents: Transmission Providers and Responsible
Parties.
Estimate of Annual Burden \13\: The previous information collection
request (ICR Reference No. 202002-1902-006) in the year 2020 was
approved by OMB with a one-time burden that was expected to be
completed in Year One. As averaged over a three-year period, the annual
responses were estimated as 165 annually, 10 hours per response, and
total hours of 1,650 hours. These burdens are not included in this
information collection request because all respondents have complied
with that one-time burden. The removal of those burdens constitutes a
program change.
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\13\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
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The estimated annual number of responses for the ongoing
information collection activity are adjusted in this information
collection request from 162 to 216, an increase of 54 responses. Based
on a review of the information collection since our last submission, we
have determined this change in number of responses is due to changes in
the regulated industry.
The current burden estimates are shown in the following table.
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\14\ The Commission staff thinks that the average respondent for
this collection is similarly situated to the Commission, in terms of
salary plus benefits. Based upon FERC's FY 2022 annual average of
$199,867 (for salary plus benefits), the average hourly cost is $96/
hour.
[[Page 88386]]
Burden Estimates for FERC-717, Standards for Business Practices and Communication Protocols for Public Utilities
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Annual number
Information collection requirement Number of of responses Total number of Average burden hours and cost Total annual burden hours and
respondents per respondent responses per response \14\ total annual cost
(1) (2) (1) * (2) = (3) (4)............................ (3) * (4) = (5)
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Open Access Same-Time Information 216 1 216 30 hrs.; $2,880................ 6,480 hrs.; $622,080
(OASIS).
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Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
Dated: December 15, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28130 Filed 12-20-23; 8:45 am]
BILLING CODE 6717-01-P