Commission Information Collection Activities (FERC-725S); Comment Request; Revision, 103811-103816 [2024-30275]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: Dahowa Hydroelectric Project (P– 4644–017). m. The application is not ready for environmental analysis at this time. n. The Dahowa Project consists of the following existing facilities: (1) a 163foot-long concrete ogee dam that varies from 3 to 15 feet in height (averaging 6 feet high) with a crest elevation of 235 feet 2 and fitted with 5-foot-high timber flashboards; (2) a 228-foot-long, 8-foothigh concrete headrace wall with a crest elevation of 237 feet and 3-foot-high timber flashboards; (3) an impoundment with a surface area of approximately 2.7 acres, a storage capacity of approximately 12.5 acre-feet, and a normal water surface elevation of 240.0 feet; (4) an intake with a trashrack with 2.5-inch clear bar spacing; (5) a circular 142-foot-deep concrete powerhouse with an exterior diameter of approximately 44 feet and containing one vertical Kaplan turbine-generator unit with a capacity of 10.5 megawatts; (6) an underground tailrace tunnel; (7) a 5/34.5-kilovolt (kV) step-up transformer; (8) a substation; (9) a 690foot-long 34.5-kV transmission line; and (10) appurtenant facilities. The current Commission-approved recreation management plan requires the licensee to maintain a public fishing area upstream of the dam on the east side of the impoundment. The area consists of a 700-foot-long access trail, a parking area, and signage. The recreation management plan also requires the licensee to provide access to a conservation and preservation area located on the west side of the impoundment and maintain a parking area, signage, an approximately 1,300foot-long access trail loop, and overlook walkway structures for viewing Dionondahowa (Dahowa) Falls. The Dahowa Project operates in a runof-river mode. There is no available usable storage behind the dam. Article 402 of the current license requires a minimum flow release of 40 cubic feet per second (cfs) over the flashboards between 6:00 a.m. and 8:00 p.m. from the third Saturday in May through Labor 2 All elevation values reported herein reference the National Geodetic Vertical Datum of 1929. VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 Day weekend and from sunrise to sunset on weekends and holidays from Labor Day weekend through November 30 to provide flows over Dahowa Falls, a natural waterfall with an approximate height of 70 feet, to enhance aesthetic resources. At all other times, a minimum flow release of 25 cfs over the flashboards is required for water quality purposes and for the protection of flowdependent resources. GR Catalyst is not proposing any modifications to existing project facilities or changes to the operation of the project. The Dahowa Project has an annual generation of approximately 33,500 megawatt-hours. o. A copy of the application can be viewed on the Commission’s website at https://www.ferc.gov, using the ‘‘eLibrary’’ link. Enter the docket number, excluding the last three digits in the docket number field, to access the document (P–4644). For assistance, contact FERC at FERCOnlineSupport@ ferc.gov, or call toll-free, (866) 208–3676 or (202) 502–8659 (TTY). You may also register online at https://www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. p. Procedural schedule and final amendments: The application will be processed according to the following preliminary schedule. Revisions to the schedule will be made as appropriate. Milestone Target date Issue Deficiency Letter (if necessary). Request Additional Information. Issue Acceptance Letter ...... Issue Scoping Document 1 for comments. Issue Scoping Document 2 (if necessary). Issue Notice of Ready for Environmental Analysis. February 2025. PO 00000 Frm 00048 Fmt 4703 February 2025. June 2025. July 2025. September 2025. September 2025. Sfmt 4703 103811 Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Dated: December 13, 2024. Debbie-Anne A. Reese, Secretary. [FR Doc. 2024–30276 Filed 12–18–24; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RD24–5–000] Commission Information Collection Activities (FERC–725S); Comment Request; Revision Federal Energy Regulatory Commission, (DOE). ACTION: Notice 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 currently approved information collection, FERC– 725S, (Emergency Preparedness and Operations (EOP) Reliability Standards) and submitting the information collection to the Office of Management and Budget (OMB) for review. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. DATES: Comments on the collection of information are due January 21, 2025. ADDRESSES: Send written comments on FERC–725S (1902–0270) to OMB through www.reginfo.gov/public/do/ PRAMain. Attention: Federal Energy Regulatory Commission Desk Officer. Please identify the OMB Control Numbers 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. Please submit copies of your comments to the Commission. You may submit copies of your comments (identified by Docket No. RD24–5–000) by one of the following methods: Electronic filing through https:// www.ferc.gov, is preferred. • Electronic Filing: Documents must be filed in acceptable native applications and print-to-PDF, but not in scanned or picture format. • For those unable to file electronically, comments may be filed SUMMARY: E:\FR\FM\19DEN1.SGM 19DEN1 lotter on DSK11XQN23PROD with NOTICES1 103812 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices by USPS mail or by hand (including courier) delivery. Æ Mail via U.S. Postal Service Only: Addressed to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. Æ Hand (Including Courier) Delivery: Deliver to: Federal Energy Regulatory Commission, Secretary of the Commission, 12225 Wilkins Avenue, Rockville, MD 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/ferconline/overview. FOR FURTHER INFORMATION CONTACT: Kayla Williams may be reached by email at DataClearance@FERC.gov, telephone at (202) 502–6468. SUPPLEMENTARY INFORMATION: Title: FERC–725S, Emergency Preparedness and Operations (EOP) Reliability Standards. OMB Control No.: 1902–0270. Type of Request: Revision of a currently approved FERC–725S information collection requirements with changes to the reporting requirements. Abstract: On February 16, 2024, the North American Electric Reliability Corporation (NERC), the Commissioncertified Electric Reliability Organization (ERO), submitted a petition seeking approval of proposed Reliability Standard EOP–012–2 (Extreme Cold Weather Preparedness and Operations). As discussed in this order, we approve proposed Reliability Standard EOP–012–2, its associated violation risk factors and violation severity levels, NERC’s proposed implementation plan, the newly defined terms Fixed Fuel Supply Component and Generator Cold Weather Constraint, the revised defined terms Generator Cold Weather Critical Component and Generator Cold Weather Reliability Event, and the retirement of Reliability VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 Standard EOP–012–1 immediately prior to the effective date of proposed Reliability Standard EOP–012–2.1 We also approve NERC’s proposed implementation date for Reliability Standard EOP–011–4 and the proposed retirement of Reliability Standards EOP–011–2 and EOP–011–3 immediately prior to the effective date of proposed Reliability Standard EOP– 012–2.2 It is essential to the reliable operation of the Bulk-Power System to ‘‘ensure enough generating units will be available during the next cold weather event.’’ 3 When extreme cold weather events such as Winter Storms Uri or Elliott occur, the Bulk-Power System cannot operate reliably without adequate generation. Proposed Reliability Standard EOP–012–2 improves upon the approved, but not yet effective, Reliability Standard EOP– 012–1 by clarifying the requirements for generator cold weather preparedness and by making other improvements consistent with the Commission’s directives in its February 2023 Order to help ensure that more generation is available during extreme cold weather.4 Accordingly, we find that proposed Reliability Standard EOP–012–2 is just, reasonable, not unduly discriminatory or preferential, and in the public interest. Nevertheless, we find that proposed Reliability Standard EOP–012–2 requires improvement to address certain concerns, as discussed below. Therefore, pursuant to section 215(d)(5) of the Federal Power Act (FPA),5 FERC directs NERC to: (1) develop and submit modifications to proposed Reliability Standard EOP– 012–2 to address concerns related to the ambiguity of the newly defined term Generator Cold Weather Constraint to ensure that the Generator Cold Weather Constraint declaration criteria included within the proposed Standard are objective and sufficiently detailed so that applicable entities understand what is required of them and to remove all references to ‘‘reasonable cost,’’ ‘‘unreasonable cost,’’ ‘‘cost,’’ and ‘‘good business practices’’ and replace them 1 16 U.S.C. 824o(d)(2). 2 Id. 3 FERC, NERC, and Regional Entity Staff, The February 2021 Cold Weather Outages in Texas and the South Central United States, at 189 (Nov. 16, 2021), https://www.ferc.gov/media/february-2021cold-weather-outages-texas-and-south-centralunited-states-ferc-nerc-and (November 2021 Report). 4 See, e.g., N. Am. Elec. Reliability Corp., 182 FERC ¶ 61,094, PP 3–11 (2023) (February 2023 Order); reh’g denied, 183 FERC ¶ 62,034, order on reh’g, 183 FERC ¶ 61,222 (2023). 5 16 U.S.C. 824o(d)(5). PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 with objective, unambiguous, and auditable terms; (2) develop and submit modifications to proposed Reliability Standard EOP– 012–2 for NERC to receive, review, evaluate, and confirm the validity of each Generator Cold Weather Constraint invoked by a generator owner, in a timely fashion, to ensure that such declaration cannot be used to avoid mandatory compliance with the proposed Reliability Standard or obligations in a corrective action plan; (3) develop and submit modifications to proposed Reliability Standard EOP– 012–2 to shorten and clarify the corrective action plan implementation timelines and deadlines in Requirement R7, as further directed below; (4) develop and submit modifications to Requirement R7 of proposed Reliability Standard EOP–012–2 to ensure that any extension of a corrective action plan implementation deadline beyond the maximum implementation timeframe required by the Standard is pre-approved by NERC and to ensure that the generator owner informs relevant registered entities of operating limitations in extreme cold weather during the period of the extension; and (5) develop and submit modifications to Requirement R8, part 8.1 of proposed Reliability Standard EOP–012–2 to implement more frequent reviews of Generator Cold Weather Constraint declarations to verify that the constraint declaration remains valid. The Commission has repeatedly expressed an urgency in completing cold weather Reliability Standards and having them implemented in a timely manner to address the risks presented by cold weather events on the reliability of the Bulk-Power System.6 Further, we note that NERC submitted the current filing in response to Commission directives to improve the cold weather Reliability Standards, and the five core directives to NERC in this order are not new issues, but rather targeted modifications necessary to fully address issues identified in the Commission’s prior February 2023 Order. Accordingly, we direct NERC to make the above modifications and submit the revised Reliability Standard within nine months of the date of issuance of the order in Docket No. RD24–5–000.7 6 See e.g., N. Am. Elec. Reliability Corp., 183 FERC ¶ 62,034 at P 10 (emphasizing that industry has been aware of and alerted to the need to prepare generating units for cold weather since at least 2011 and that in considering an appropriate implementation period for Reliability Standard EOP–012–1, NERC should consider how much time industry has already had to implement freeze protection measures). 7 89 FR 55239. E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices Background Section 215 and Mandatory Reliability Standards Section 215 of the FPA provides that the Commission may certify an ERO, the purpose of which is to develop mandatory and enforceable Reliability Standards, subject to Commission review and approval.8 Reliability Standards may be enforced by the ERO, subject to Commission oversight, or by the Commission independently.9 Pursuant to section 215 of the FPA, the Commission established a process to select and certify an ERO,10 and subsequently certified NERC.11 The February 2021 Cold Weather Reliability Event On February 16, 2021, Commission, NERC, and Regional Entity staff initiated a joint inquiry into the circumstances surrounding a February 2021 cold weather reliability event then affecting Texas and the South-Central United States. In November 2021, Commission staff issued a report regarding the event, which found that the event was the largest controlled firm load shed event in U.S. history; over 4.5 million people lost power and at least 210 people lost their lives during the event.12 The November 2021 Report made 28 recommendations including, inter alia, enhancements to the Reliability Standards to improve extreme cold weather operations, preparedness, and coordination.13 After the February 2021 cold weather reliability event, but before the November 2021 Report was issued, NERC filed a petition for approval of cold weather Reliability Standards addressing recommendations from a report regarding a 2018 cold weather event.14 In August 2021, the Commission approved NERC’s modifications to Reliability Standards EOP–011–2 (Emergency Preparedness 8 16 U.S.C. 824o(c). Sec. 824o(e). 10 Rules Concerning Certification of the Elec. Reliability Org.; & Procs. for the Establishment, Approval, & Enforcement of Elec. Reliability Standards, Order No. 672, 114 FERC ¶ 61,104, order on reh’g, Order No. 672–A, 114 FERC ¶ 61,328 (2006); see also 18 CFR 39.4(b) (2023). 11 N. Am. Elec. Reliability Corp., 116 FERC ¶ 61,062, order on reh’g and compliance, 117 FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009). 12 See November 2021 Report at 9. 13 Id. at 184–212 (sub-recommendations 1a through 1j). 14 FERC and NERC Staff, The South Central United States Cold Weather Bulk Electric System Event of January 17, 2018, at 89 (Jul. 2019), https:// www.ferc.gov/sites/default/files/2020-07/ SouthCentralUnitedStatesColdWeatherBulkElectric SystemEventofJanuary17-2018.pdf. lotter on DSK11XQN23PROD with NOTICES1 9 Id. VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 and Operations), IRO–010–4 (Reliability Coordinator Data Specification and Collection), and TOP–003–5 (Operational Reliability Data).15 Reliability Standards IRO–010–4 and TOP–003–5 require that reliability coordinators, transmission operators, and balancing authorities develop, maintain, and share generator cold weather data.16 Reliability Standard EOP–011–2 requires generator owners to have generating unit cold weather preparedness plans.17 On October 28, 2022, NERC filed a petition seeking approval of Reliability Standards EOP–011–3 (Emergency Operations) and EOP–012–1 (Extreme Cold Weather Preparedness and Operations), their associated violation risk factors and violation severity levels, three newly-defined terms (Extreme Cold Weather Temperature, Generator Cold Weather Critical Component, and Generator Cold Weather Reliability Event), NERC’s proposed implementation plan, and the retirement of Reliability Standard EOP– 011–2.18 On February 16, 2023, the Commission approved Reliability Standards EOP–011–3 and EOP–012–1, directed NERC to develop and submit modifications to Reliability Standard EOP–012–1 and to submit a plan on how NERC will collect and assess data surrounding the implementation of Reliability Standard EOP–012–1, and deferred the retirement of Reliability Standard EOP–011–2.19 On October 30, 2023, NERC filed a petition seeking approval of Reliability Standards EOP–011–4 (Emergency Operations) and TOP–002–5 (Operations Planning), their associated violation risk factors and violation severity levels, NERC’s proposed implementation plan, and the retirement of Reliability Standards EOP–011–2 and TOP–002–4. On February 15, 2024, the Commission approved Reliability Standards EOP– 011–3 and TOP–002–5 and again deferred the retirement of Reliability Standard EOP–011–2.20 NERC’s Petition and Proposed Reliability Standard EOP–012–2 On February 16, 2024, in response to the Commission’s February 2023 Order, NERC filed a petition seeking approval of proposed Reliability Standard EOP– 15 See generally N. Am. Elec. Reliability Corp., 176 FERC ¶ 61,119 (2021). 16 Id. 17 Id. 18 NERC 2022 Petition at 1–2. 19 See February 2023 Order, 182 FERC ¶ 61,094 at PP 3–11. 20 See id. PP 1–2. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 103813 012–2,21 its associated violation risk factors and violation severity levels, two newly defined terms (Fixed Fuel Supply Component and Generator Cold Weather Constraint), two revised terms (Generator Cold Weather Critical Component and Generator Cold Weather Reliability Event), NERC’s proposed implementation plan, and the retirement of currently approved Reliability Standard EOP–012–1.22 NERC explains that proposed Reliability Standard EOP–012–2 improves upon the approved, but not yet effective, generator cold weather preparation Reliability Standard EOP–012–1 and is consistent with the Commission’s directives from the February 2023 Order.23 NERC states that proposed Reliability Standard EOP–012–2 clarifies applicability of the Standard’s requirements for generator cold weather preparedness, would further define the circumstances under which a generator owner may declare that constraints preclude it from implementing one or more corrective actions to address freezing issues, and shortens the implementation timeline so that cold weather reliability risks would be addressed sooner.24 NERC states that the purpose of proposed Reliability Standard EOP– 012–2 is unchanged from that of approved Reliability Standard EOP– 012–1, which is to ensure that each generator owner develops and implements plans to alleviate the reliability impacts of extreme cold weather on its generating units.25 NERC also notes that proposed Reliability Standard EOP–012–2 completes NERC’s two-part plan to address recommendations from the November 2021 Report by including revisions to address parts of Key Recommendations 1a, 1b, 1c, and 1d.26 NERC states that the proposed Reliability Standard contains new and revised requirements to advance the reliability of the BulkPower System by requiring generator owners to (1) review their generator cold weather data periodically, (2) include any identified start up issues in their generator cold weather data provided to reliability entities, and (3) consider the impacts of freezing precipitation and 21 The proposed Reliability Standard EOP–012–2 is not attached to this order. The proposed Reliability Standard is available on the Commission’s eLibrary document retrieval system in Docket No. RD24–5–000 and on the NERC website, www.nerc.com. 22 NERC Petition at 1–4. 23 Id. at 2. 24 Id. 25 Id. at 29. 26 See id. at 25–26, 35, 49–50 (citing the November 2021 Report at 184–86). E:\FR\FM\19DEN1.SGM 19DEN1 103814 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices wind speed in identifying generator cold weather data.27 Proposed Reliability Standard EOP– 012–2 has eight requirements, seven of which have been carried over and modified from approved Reliability Standard EOP–012–1 (Requirements R1–R7) and one of which is new (Requirement R8). Proposed Reliability Standard EOP–012–2 applies to generator owners and generator operators that own or operate bulk electric system generating units.28 Proposed Reliability Standard EOP– 012–2, Requirement R1 modifies the Requirements for each generator owner to calculate the Extreme Cold Weather Temperature for each of its applicable generating units and to re-calculate that temperature at least once every five calendar years.29 Where a periodic recalculation results in a lower Extreme Cold Weather Temperature for the generating unit, the generator owner must update its cold weather preparedness plan within six months and, if necessary, develop a corrective action plan to implement measures at the applicable unit to provide the capability to operate at that new, lower temperature. Proposed Reliability Standard EOP–012–2, Requirement R1, Part 1.2, also maintains Requirement R3.1 to identify generating unit cold weather data, including operating limitations in cold weather and minimum operating temperatures, from approved Reliability Standard EOP– 012–1, Requirement R3, Part 3.5.30 Proposed Reliability Standard EOP– 012–2, Requirements R2 and R3 clarify the cold weather operational capability requirements for new and existing bulk electric system generating units.31 Under proposed Reliability Standard EOP–012–2, Requirement R2, generator owners would be required to implement freeze protection measures at applicable bulk electric system generating units to provide the capability to operate at the Extreme Cold Weather Temperature with sustained, concurrent 20 mph wind speed for the unit.32 Specifically, Requirement R2 requires generating units with a commercial operation date on or after October 1, 2027, to be 27 Id. at 23. Petition at 22–23. 29 Requirement R1 under proposed Reliability Standard EOP–012–2 modifies existing Requirement R3, Part 3.1 and Requirement R4 under currently approved but not yet effective Reliability Standard EOP–012–1. 30 NERC Petition at 33–37. 31 Requirements R2 and R3 under proposed Reliability Standard EOP–012–2 were originally Requirements R1 and R2, respectively, under currently approved but not yet effective Reliability Standard EOP–012–1. 32 NERC Petition at 37. lotter on DSK11XQN23PROD with NOTICES1 28 NERC VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 capable of operating at the unit’s Extreme Cold Weather Temperature for a continuous 12-hour period or at the maximum operational duration for intermittent energy resources if less than 12 continuous hours. If a generating unit is unable to do either then it must develop a corrective action plan to add new or modify existing or previously planned freeze protection measures to provide the capability to operate at the unit’s Extreme Cold Weather Temperature with a sustained, concurrent 20 mph wind speed.33 Similar to Requirement R2, but without the wind and duration criteria, Requirement R3 requires either that existing generating units, (i.e., those in commercial operation prior to October 1, 2027) be capable of operating at the unit’s Extreme Cold Weather Temperature or that the generator owner develops a corrective action plan to address the unit’s inability to continuously operate successfully.34 Requirements R2 and R3 exempt generating units that do not self-commit or are not required to operate at or below a temperature of 32 degrees Fahrenheit, including those that may be called upon to operate to assist in mitigating emergencies during periods at or below 32 degrees Fahrenheit.35 Proposed Reliability Standard EOP– 012–2, Requirement R4,36 modifies the requirement for generator owners to implement and maintain cold weather preparedness plans.37 Under Requirement R4, generator owners would include in their cold weather preparedness plans the information determined in accordance with proposed Reliability Standard EOP–012–2, Requirement R1. Requirement R4 also clarifies that the cold weather preparedness plans shall reflect the lowest calculated Extreme Cold Weather Temperature for the unit, even if subsequent re-calculations indicate warming temperatures.38 Proposed Reliability Standard EOP– 012–2, Requirement R5 is substantively unchanged from the prior version of the 33 Id. at 38. at 38–39. 35 Proposed Reliability Standard EOP–012–2, Requirement R2, n.1 and Requirement R3, n.2; see also NERC Petition at 41–42. 36 Proposed Reliability Standard EOP–012–2, Requirement R4 was originally Requirement R3 in currently approved but not yet effective Reliability Standard EOP–012–1. 37 NERC Petition at 45. 38 Id. at 46 (citing proposed Reliability Standard EOP–012–2, Requirement R4, n.3, which states that generator owners shall include the lowest calculated Extreme Cold Weather Temperature for the unit, even where subsequent periodic recalculations under Requirement R1, Part 1.1 cause an increase in the Extreme Cold Weather Temperature). 34 Id. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Standard. Requirement R5 states that generator owners must train their personnel annually on the unit’s cold weather preparedness plans.39 Proposed Reliability Standard EOP– 012–2, Requirement R6 modifies the requirement that generator owners that self-commit or are required to operate at or below a temperature of 32 degrees Fahrenheit and experience an outage, failure to start, or derate due to freezing at or above their Extreme Cold Weather Temperature must develop a corrective action plan to address the identified causes. Requirement R6 exempts generating units that do not self-commit or are not required to operate at or below a temperature of 32 degrees Fahrenheit, including those that may be called upon to operate to assist in mitigating emergencies during periods at or below 32 degrees Fahrenheit.40 Proposed Reliability Standard EOP– 012–2, Requirement R7 modifies the requirement for implementing corrective action plans. Requirement R7 includes new implementation deadlines for implementing corrective action plans and clarifies the types of constraints that may preclude the implementation of one or more corrective actions.41 Specifically, Requirement R7 requires that for each corrective action plan developed pursuant to Requirements R1, R2, R3, or R6, generator owners shall include a timetable for implementing the corrective actions and complete the corrective actions in accordance with the timetables outlined in the proposed Standard.42 Under Requirement R7, generator owners are permitted to update the corrective action plan timetables, with justifications, if corrective actions change or the timetable exceeds the timelines in Requirement R7, Part 7.1. This requirement also states that the generator owner must document, in a declaration with justification, any Generator Cold Weather Constraint that precludes the generator owner from implementing the selected actions 39 Id. at 47. at 48 (citing Proposed Reliability Standard EOP–012–2, Requirement R6, n.4). 41 Id. at 50. 42 Id. at 50–51 (noting that generator owners must list the actions that address existing equipment or freeze protection measures to be completed within 24 calendar months of completing development of the corrective action plan, list the actions that require new equipment or freeze protection measures, if any, to be completed within 48 calendar months of completing development of the corrective action plan, and list the updates to the cold weather preparedness plan requirement under Requirement R4 to identify the updates or additions to the Generator Cold Weather Critical Components and their freeze protection measures) (emphasis added). 40 Id. E:\FR\FM\19DEN1.SGM 19DEN1 103815 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices contained within the corrective action plan.43 Proposed Reliability Standard EOP– 012–2, Requirement R8 is a new requirement that would apply to generator owners that have declared a Generator Cold Weather Constraint under Requirement R7. Specifically, this requirement states that each generator owner that creates a Generator Cold Weather Constraint declaration shall review the Generator Cold Weather Constraint declaration at least every five calendar years or as needed when a change of status to the Generator Cold Weather Constraint occurs and update the operating limitations associated with capability and availability under Requirement R1, Part 1.2, if applicable.44 NERC requests that the Commission approve the violation risk factors and violation severity levels for proposed Reliability Standard EOP–012–2.45 Further, NERC proposes an effective date for Reliability Standard EOP–012– 2 (with the exception of Requirement R3, which would become mandatory and enforceable 12-months following the proposed Standard’s effective date) of October 1, 2024 or the first day of the first calendar quarter that is three months following regulatory approval, whichever is later.46 Finally, NERC requests that the Commission approve proposed Reliability Standard EOP–012–2 in an expedited manner. NERC explains that, among other things, expedited approval would provide regulatory certainty to entities seeking to comply with the proposed Reliability Standard ahead of the mandatory and enforceable date.47 The EOP Standards are currently located in the FERC–725S (OMB Control No. 1902–0270) collection.48 In Docket No. RD24–5–000, the Commission proposes to replace the current OMB approved Reliability Standard EOP– 012–1 with proposed Reliability Standard EOP–012–2 (Table 1). Proposed Reliability Standard EOP– 012–2 has eight requirements, seven of which have been carried over and modified from the already approved Reliability Standard EOP–012–1 (Requirements R1–R7) and one of which is new (Requirement R8). The estimates in the tables below are based, in combination, on one-time (years 1 and 2) and ongoing execution (year 3) obligations to follow the revised Reliability Standard EOP–012–2. The number of respondents below are based on an estimate of the NERC compliance registry for generator owners and generator operators. Proposed Reliability Standard EOP–012–2 applies to generator owners and generator operators. The Commission based its paperwork burden estimates on the NERC compliance registry as of April 16, 2024. According to the registry for US unique entities, there are 1,210 generator owners. The estimates in the tables below are based on the change in burden from the Reliability Standards approved in this order.49 The Commission based the burden estimates in the tables below on staff experience, knowledge, and expertise. Public Reporting Burden: The estimated costs and burden for the revisions in Docket No. RD24–5–000 are shown in the table below. TABLE 1—PROPOSED CHANGES DUE TO FINAL RULE IN DOCKET NO. RD24–5–000 FOR EOP–012–2 Number of annual responses per entity Type and number of entity Reliability standard & requirement I (1) Total number of responses Average number of burden hours per response 50 Total burden hours (4) (3) * (4) = (5) I (1) * (2) = (3) (2) FERC–725S One Time Estimate—Years 1 and 2 EOP–012–2 EOP–012–2 ........................................................................... 1,210 (GO) ..... 1 1,210 5 hrs., $373.15 ........... 6,050 hrs., $451,511.5. Sub-Total for EOP–012–2 (one-time) ............................ ........................ .................... 1,210 5 hrs., $373.15 ........... 6,050 hrs., $451,511.5. Ongoing Estimate—Year 3 ongoing EOP–012–2 EOP–012–2 ........................................................................... 1,210 (GO) ..... 1 1,210 2 hrs.51, $149.26 ........ 2,420 hrs., $180,604.6. Sub-Total for EOP–012–2 (ongoing) ............................. Sub-Total of ongoing burden averaged over three years. ........................ ........................ .................... .................... 1,210 404 2 hrs., $149.26 ........... ..................................... 2,420 hrs., $180,604.6. 807 hrs., $60,226.41. Proposed Total Burden Estimate of EOP–012–2 .. ........................ .................... 1,614 ..................................... 6,857 hrs., $511,737.91. Changes to FERC 725S by RD24–5–000 FERC–725S modification Current inventory (hours) Current inventory (responses) Total change due to RD24–5–000 Addition of EOP–012–2 ........................................................ ........................ .................... +6,857 hrs., +1,614 responses. lotter on DSK11XQN23PROD with NOTICES1 43 NERC Petition at 51–60. at 62. 45 Id. at 2–3. 46 Id. at 66. 47 Id. at 70–71. 48 The FERC–725S collection includes the EOP family of Reliability Standards: EOP–004–4, EOP 005–3, EOP–006–3, EOP–008–2, EOP–010–1, EOP– 011–4, and EOP–012–2. 44 Id. VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 49 The overall burden associated with Reliability Standard EOP–012 will be the sum of the burden (responses) from Reliability Standard EOP–012–1 (under RD23–1–000) and Reliability Standard EOP– 012–2 (under RD24–5–000). 50 The estimated hourly cost (salary plus benefits) is a combination based on the Bureau of Labor Statistics (BLS), as of 2024, for seventy five percent of the average of an Electrical Engineer (17– 2071)¥$79.31 and mechanical engineers (17– PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 2141)¥$89.86. ($79.31 + $89.86)/2 = 84.585 × .75 = 63.439 ($63.44-rounded) ($63.44/hour) and twenty-five percent of an Information and Record Clerk (43–4199) $44.74 × .25% = 11.185 ($11.19 rounded) ($11.19/hour), for a total ($63.44+$11.19 = $74.63/hour). 51 A fraction of generator owners would be required to perform the task on an ongoing basis, and the hours represent the whole body of generator owners. E:\FR\FM\19DEN1.SGM 19DEN1 103816 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 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 13, 2024. Debbie-Anne A. Reese, Secretary. [FR Doc. 2024–30275 Filed 12–18–24; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2550–030] lotter on DSK11XQN23PROD with NOTICES1 Wiscons8, LLC; Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study Requests and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: Subsequent Minor License. b. Project No.: 2550. c. Date Filed: November 29, 2024. d. Applicant: Wiscons8, LLC. e. Name of Project: Weyauwega Hydroelectric Project (project). f. Location: On the Waupaca River in the City of Weyauwega in Waupaca County, Wisconsin. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)–825(r). h. Applicant Contact: Mr. Dwight Shanak, Manager, Wiscons8, LLC, N3311 Sunrise Lane, Waupaca, Wisconsin 54981; telephone at (715) 412–3150; email at modernhydro@ sbcglobal.net. i. FERC Contact: Taconya D. Goar, Project Coordinator, Great Lakes Branch, Division of Hydropower Licensing; telephone at (202) 502–8394; email at Taconya.Goar@ferc.gov. j. Cooperating agencies: Federal, state, local, and tribal agencies with jurisdiction and/or special expertise VerDate Sep<11>2014 18:08 Dec 18, 2024 Jkt 265001 with respect to environmental issues that wish to cooperate in the preparation of the environmental document should follow the instructions for filing such requests described in item l below. Cooperating agencies should note the Commission’s policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. See 94 FERC ¶ 61,076 (2001). k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission’s regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: January 28, 2025. The Commission strongly encourages electronic filing. Please file additional study requests and requests for cooperating agency status using the Commission’s eFiling system at https:// ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. All filings must clearly identify the project name and docket number on the first page: Weyauwega Hydroelectric Project (P–2550–030). m. The application is not ready for environmental analysis at this time. n. Project Description: The existing project consists of a 240-foot-long dam that includes: (1) a 90-foot-long earth section faced with steel sheet piling; (2) a 50-foot-long concrete section with three 12-foot-long Tainter gates with a crest elevation of 771.28 National Geodetic Vertical Datum of 1929 (NGVD 29) when fully open; (3) a 29-foot-long, 56-foot-wide powerhouse that includes an intake structure and a 210-kilowatt vertical Francis turbine-generator; and PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 (4) a 71-foot-long earth section faced with steel sheet piling. The dam creates an impoundment with a surface area of 253 acres at a normal pool elevation of 770.2 feet NGVD 29. From the impoundment, water flows through the powerhouse to a tailrace that empties into the Waupaca River. The generator is connected to the regional electric grid by a 4.16-kilovolt (kV) underground generator lead line and a step-up transformer. Project recreation facilities include a hand-carry boat portage route and a hand-carry boat put-in site approximately 150 feet downstream of the dam. The current license requires the licensee to operate the project in a runof-river mode, such that outflow from the project approximates inflow and the surface elevation of the impoundment is maintained between 769.95 and 770.45 feet NGVD 29. The minimum and maximum hydraulic capacities of the powerhouse are 35 and 229 cfs, respectively. The average annual generation of the project was 1,385 megawatt-hours from 2017 through 2023. Wiscons8 proposes to: (1) continue operating the project in a run-of-river mode and maintaining the impoundment elevation between 769.95 and 770.45 feet NGVD 29; (2) replace the existing turbine runner (‘‘from a Leffel 36z to a Leffel 36s’’) to improve turbine hydraulic efficiency; (3) install a new programmable logic controller to ensure compliance with run-of-river operation, including automation of the Tainter gates when inflow is greater than the 229-cfs maximum hydraulic capacity of the turbine; and (4) continue maintaining the project recreation facilities. o. In addition to publishing the full text of this notice in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this notice, as well as other documents in the proceeding (e.g., license application) via the internet through the Commission’s Home Page (https:// www.ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document (P–2550). For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (866) 208–3676 or (202) 502– 8659 (TTY). You may also register online at https://ferconline.ferc.gov/ FERCOnline.aspx to be notified via email of new filings and issuances related to this or other pending projects. E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103811-103816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30275]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RD24-5-000]


Commission Information Collection Activities (FERC-725S); Comment 
Request; Revision

AGENCY: Federal Energy Regulatory Commission, (DOE).

ACTION: Notice 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 currently approved 
information collection, FERC-725S, (Emergency Preparedness and 
Operations (EOP) Reliability Standards) and submitting the information 
collection to the Office of Management and Budget (OMB) for review. Any 
interested person may file comments directly with OMB and should 
address a copy of those comments to the Commission as explained below.

DATES: Comments on the collection of information are due January 21, 
2025.

ADDRESSES: Send written comments on FERC-725S (1902-0270) to OMB 
through www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy 
Regulatory Commission Desk Officer. Please identify the OMB Control 
Numbers 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.
    Please submit copies of your comments to the Commission. You may 
submit copies of your comments (identified by Docket No. RD24-5-000) by 
one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
     For those unable to file electronically, comments may be 
filed

[[Page 103812]]

by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 12225 Wilkins 
Avenue, Rockville, MD 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/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Kayla Williams may be reached by email 
at [email protected], telephone at (202) 502-6468.

SUPPLEMENTARY INFORMATION: 
    Title: FERC-725S, Emergency Preparedness and Operations (EOP) 
Reliability Standards.
    OMB Control No.: 1902-0270.
    Type of Request: Revision of a currently approved FERC-725S 
information collection requirements with changes to the reporting 
requirements.
    Abstract: On February 16, 2024, the North American Electric 
Reliability Corporation (NERC), the Commission-certified Electric 
Reliability Organization (ERO), submitted a petition seeking approval 
of proposed Reliability Standard EOP-012-2 (Extreme Cold Weather 
Preparedness and Operations). As discussed in this order, we approve 
proposed Reliability Standard EOP-012-2, its associated violation risk 
factors and violation severity levels, NERC's proposed implementation 
plan, the newly defined terms Fixed Fuel Supply Component and Generator 
Cold Weather Constraint, the revised defined terms Generator Cold 
Weather Critical Component and Generator Cold Weather Reliability 
Event, and the retirement of Reliability Standard EOP-012-1 immediately 
prior to the effective date of proposed Reliability Standard EOP-012-
2.\1\ We also approve NERC's proposed implementation date for 
Reliability Standard EOP-011-4 and the proposed retirement of 
Reliability Standards EOP-011-2 and EOP-011-3 immediately prior to the 
effective date of proposed Reliability Standard EOP-012-2.\2\
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    \1\ 16 U.S.C. 824o(d)(2).
    \2\ Id.
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    It is essential to the reliable operation of the Bulk-Power System 
to ``ensure enough generating units will be available during the next 
cold weather event.'' \3\ When extreme cold weather events such as 
Winter Storms Uri or Elliott occur, the Bulk-Power System cannot 
operate reliably without adequate generation. Proposed Reliability 
Standard EOP-012-2 improves upon the approved, but not yet effective, 
Reliability Standard EOP-012-1 by clarifying the requirements for 
generator cold weather preparedness and by making other improvements 
consistent with the Commission's directives in its February 2023 Order 
to help ensure that more generation is available during extreme cold 
weather.\4\ Accordingly, we find that proposed Reliability Standard 
EOP-012-2 is just, reasonable, not unduly discriminatory or 
preferential, and in the public interest.
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    \3\ FERC, NERC, and Regional Entity Staff, The February 2021 
Cold Weather Outages in Texas and the South Central United States, 
at 189 (Nov. 16, 2021), https://www.ferc.gov/media/february-2021-cold-weather-outages-texas-and-south-central-united-states-ferc-nerc-and (November 2021 Report).
    \4\ See, e.g., N. Am. Elec. Reliability Corp., 182 FERC ] 
61,094, PP 3-11 (2023) (February 2023 Order); reh'g denied, 183 FERC 
] 62,034, order on reh'g, 183 FERC ] 61,222 (2023).
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    Nevertheless, we find that proposed Reliability Standard EOP-012-2 
requires improvement to address certain concerns, as discussed below. 
Therefore, pursuant to section 215(d)(5) of the Federal Power Act 
(FPA),\5\ FERC directs NERC to:
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    \5\ 16 U.S.C. 824o(d)(5).
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    (1) develop and submit modifications to proposed Reliability 
Standard EOP-012-2 to address concerns related to the ambiguity of the 
newly defined term Generator Cold Weather Constraint to ensure that the 
Generator Cold Weather Constraint declaration criteria included within 
the proposed Standard are objective and sufficiently detailed so that 
applicable entities understand what is required of them and to remove 
all references to ``reasonable cost,'' ``unreasonable cost,'' ``cost,'' 
and ``good business practices'' and replace them with objective, 
unambiguous, and auditable terms;
    (2) develop and submit modifications to proposed Reliability 
Standard EOP-012-2 for NERC to receive, review, evaluate, and confirm 
the validity of each Generator Cold Weather Constraint invoked by a 
generator owner, in a timely fashion, to ensure that such declaration 
cannot be used to avoid mandatory compliance with the proposed 
Reliability Standard or obligations in a corrective action plan;
    (3) develop and submit modifications to proposed Reliability 
Standard EOP-012-2 to shorten and clarify the corrective action plan 
implementation timelines and deadlines in Requirement R7, as further 
directed below;
    (4) develop and submit modifications to Requirement R7 of proposed 
Reliability Standard EOP-012-2 to ensure that any extension of a 
corrective action plan implementation deadline beyond the maximum 
implementation timeframe required by the Standard is pre-approved by 
NERC and to ensure that the generator owner informs relevant registered 
entities of operating limitations in extreme cold weather during the 
period of the extension; and
    (5) develop and submit modifications to Requirement R8, part 8.1 of 
proposed Reliability Standard EOP-012-2 to implement more frequent 
reviews of Generator Cold Weather Constraint declarations to verify 
that the constraint declaration remains valid.
    The Commission has repeatedly expressed an urgency in completing 
cold weather Reliability Standards and having them implemented in a 
timely manner to address the risks presented by cold weather events on 
the reliability of the Bulk-Power System.\6\ Further, we note that NERC 
submitted the current filing in response to Commission directives to 
improve the cold weather Reliability Standards, and the five core 
directives to NERC in this order are not new issues, but rather 
targeted modifications necessary to fully address issues identified in 
the Commission's prior February 2023 Order. Accordingly, we direct NERC 
to make the above modifications and submit the revised Reliability 
Standard within nine months of the date of issuance of the order in 
Docket No. RD24-5-000.\7\
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    \6\ See e.g., N. Am. Elec. Reliability Corp., 183 FERC ] 62,034 
at P 10 (emphasizing that industry has been aware of and alerted to 
the need to prepare generating units for cold weather since at least 
2011 and that in considering an appropriate implementation period 
for Reliability Standard EOP-012-1, NERC should consider how much 
time industry has already had to implement freeze protection 
measures).
    \7\ 89 FR 55239.

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[[Page 103813]]

Background

Section 215 and Mandatory Reliability Standards

    Section 215 of the FPA provides that the Commission may certify an 
ERO, the purpose of which is to develop mandatory and enforceable 
Reliability Standards, subject to Commission review and approval.\8\ 
Reliability Standards may be enforced by the ERO, subject to Commission 
oversight, or by the Commission independently.\9\ Pursuant to section 
215 of the FPA, the Commission established a process to select and 
certify an ERO,\10\ and subsequently certified NERC.\11\
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    \8\ 16 U.S.C. 824o(c).
    \9\ Id. Sec. 824o(e).
    \10\ Rules Concerning Certification of the Elec. Reliability 
Org.; & Procs. for the Establishment, Approval, & Enforcement of 
Elec. Reliability Standards, Order No. 672, 114 FERC ] 61,104, order 
on reh'g, Order No. 672-A, 114 FERC ] 61,328 (2006); see also 18 CFR 
39.4(b) (2023).
    \11\ N. Am. Elec. Reliability Corp., 116 FERC ] 61,062, order on 
reh'g and compliance, 117 FERC ] 61,126 (2006), aff'd sub nom. 
Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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The February 2021 Cold Weather Reliability Event

    On February 16, 2021, Commission, NERC, and Regional Entity staff 
initiated a joint inquiry into the circumstances surrounding a February 
2021 cold weather reliability event then affecting Texas and the South-
Central United States. In November 2021, Commission staff issued a 
report regarding the event, which found that the event was the largest 
controlled firm load shed event in U.S. history; over 4.5 million 
people lost power and at least 210 people lost their lives during the 
event.\12\ The November 2021 Report made 28 recommendations including, 
inter alia, enhancements to the Reliability Standards to improve 
extreme cold weather operations, preparedness, and coordination.\13\
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    \12\ See November 2021 Report at 9.
    \13\ Id. at 184-212 (sub-recommendations 1a through 1j).
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    After the February 2021 cold weather reliability event, but before 
the November 2021 Report was issued, NERC filed a petition for approval 
of cold weather Reliability Standards addressing recommendations from a 
report regarding a 2018 cold weather event.\14\ In August 2021, the 
Commission approved NERC's modifications to Reliability Standards EOP-
011-2 (Emergency Preparedness and Operations), IRO-010-4 (Reliability 
Coordinator Data Specification and Collection), and TOP-003-5 
(Operational Reliability Data).\15\ Reliability Standards IRO-010-4 and 
TOP-003-5 require that reliability coordinators, transmission 
operators, and balancing authorities develop, maintain, and share 
generator cold weather data.\16\ Reliability Standard EOP-011-2 
requires generator owners to have generating unit cold weather 
preparedness plans.\17\
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    \14\ FERC and NERC Staff, The South Central United States Cold 
Weather Bulk Electric System Event of January 17, 2018, at 89 (Jul. 
2019), https://www.ferc.gov/sites/default/files/2020-07/SouthCentralUnitedStatesColdWeatherBulkElectricSystemEventofJanuary17-2018.pdf.
    \15\ See generally N. Am. Elec. Reliability Corp., 176 FERC ] 
61,119 (2021).
    \16\ Id.
    \17\ Id.
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    On October 28, 2022, NERC filed a petition seeking approval of 
Reliability Standards EOP-011-3 (Emergency Operations) and EOP-012-1 
(Extreme Cold Weather Preparedness and Operations), their associated 
violation risk factors and violation severity levels, three newly-
defined terms (Extreme Cold Weather Temperature, Generator Cold Weather 
Critical Component, and Generator Cold Weather Reliability Event), 
NERC's proposed implementation plan, and the retirement of Reliability 
Standard EOP-011-2.\18\ On February 16, 2023, the Commission approved 
Reliability Standards EOP-011-3 and EOP-012-1, directed NERC to develop 
and submit modifications to Reliability Standard EOP-012-1 and to 
submit a plan on how NERC will collect and assess data surrounding the 
implementation of Reliability Standard EOP-012-1, and deferred the 
retirement of Reliability Standard EOP-011-2.\19\
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    \18\ NERC 2022 Petition at 1-2.
    \19\ See February 2023 Order, 182 FERC ] 61,094 at PP 3-11.
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    On October 30, 2023, NERC filed a petition seeking approval of 
Reliability Standards EOP-011-4 (Emergency Operations) and TOP-002-5 
(Operations Planning), their associated violation risk factors and 
violation severity levels, NERC's proposed implementation plan, and the 
retirement of Reliability Standards EOP-011-2 and TOP-002-4. On 
February 15, 2024, the Commission approved Reliability Standards EOP-
011-3 and TOP-002-5 and again deferred the retirement of Reliability 
Standard EOP-011-2.\20\
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    \20\ See id. PP 1-2.
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NERC's Petition and Proposed Reliability Standard EOP-012-2

    On February 16, 2024, in response to the Commission's February 2023 
Order, NERC filed a petition seeking approval of proposed Reliability 
Standard EOP-012-2,\21\ its associated violation risk factors and 
violation severity levels, two newly defined terms (Fixed Fuel Supply 
Component and Generator Cold Weather Constraint), two revised terms 
(Generator Cold Weather Critical Component and Generator Cold Weather 
Reliability Event), NERC's proposed implementation plan, and the 
retirement of currently approved Reliability Standard EOP-012-1.\22\ 
NERC explains that proposed Reliability Standard EOP-012-2 improves 
upon the approved, but not yet effective, generator cold weather 
preparation Reliability Standard EOP-012-1 and is consistent with the 
Commission's directives from the February 2023 Order.\23\ NERC states 
that proposed Reliability Standard EOP-012-2 clarifies applicability of 
the Standard's requirements for generator cold weather preparedness, 
would further define the circumstances under which a generator owner 
may declare that constraints preclude it from implementing one or more 
corrective actions to address freezing issues, and shortens the 
implementation timeline so that cold weather reliability risks would be 
addressed sooner.\24\
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    \21\ The proposed Reliability Standard EOP-012-2 is not attached 
to this order. The proposed Reliability Standard is available on the 
Commission's eLibrary document retrieval system in Docket No. RD24-
5-000 and on the NERC website, www.nerc.com.
    \22\ NERC Petition at 1-4.
    \23\ Id. at 2.
    \24\ Id.
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    NERC states that the purpose of proposed Reliability Standard EOP-
012-2 is unchanged from that of approved Reliability Standard EOP-012-
1, which is to ensure that each generator owner develops and implements 
plans to alleviate the reliability impacts of extreme cold weather on 
its generating units.\25\ NERC also notes that proposed Reliability 
Standard EOP-012-2 completes NERC's two-part plan to address 
recommendations from the November 2021 Report by including revisions to 
address parts of Key Recommendations 1a, 1b, 1c, and 1d.\26\ NERC 
states that the proposed Reliability Standard contains new and revised 
requirements to advance the reliability of the Bulk-Power System by 
requiring generator owners to (1) review their generator cold weather 
data periodically, (2) include any identified start up issues in their 
generator cold weather data provided to reliability entities, and (3) 
consider the impacts of freezing precipitation and

[[Page 103814]]

wind speed in identifying generator cold weather data.\27\
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    \25\ Id. at 29.
    \26\ See id. at 25-26, 35, 49-50 (citing the November 2021 
Report at 184-86).
    \27\ Id. at 23.
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    Proposed Reliability Standard EOP-012-2 has eight requirements, 
seven of which have been carried over and modified from approved 
Reliability Standard EOP-012-1 (Requirements R1-R7) and one of which is 
new (Requirement R8). Proposed Reliability Standard EOP-012-2 applies 
to generator owners and generator operators that own or operate bulk 
electric system generating units.\28\
---------------------------------------------------------------------------

    \28\ NERC Petition at 22-23.
---------------------------------------------------------------------------

    Proposed Reliability Standard EOP-012-2, Requirement R1 modifies 
the Requirements for each generator owner to calculate the Extreme Cold 
Weather Temperature for each of its applicable generating units and to 
re-calculate that temperature at least once every five calendar 
years.\29\ Where a periodic re-calculation results in a lower Extreme 
Cold Weather Temperature for the generating unit, the generator owner 
must update its cold weather preparedness plan within six months and, 
if necessary, develop a corrective action plan to implement measures at 
the applicable unit to provide the capability to operate at that new, 
lower temperature. Proposed Reliability Standard EOP-012-2, Requirement 
R1, Part 1.2, also maintains Requirement R3.1 to identify generating 
unit cold weather data, including operating limitations in cold weather 
and minimum operating temperatures, from approved Reliability Standard 
EOP-012-1, Requirement R3, Part 3.5.\30\
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    \29\ Requirement R1 under proposed Reliability Standard EOP-012-
2 modifies existing Requirement R3, Part 3.1 and Requirement R4 
under currently approved but not yet effective Reliability Standard 
EOP-012-1.
    \30\ NERC Petition at 33-37.
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    Proposed Reliability Standard EOP-012-2, Requirements R2 and R3 
clarify the cold weather operational capability requirements for new 
and existing bulk electric system generating units.\31\ Under proposed 
Reliability Standard EOP-012-2, Requirement R2, generator owners would 
be required to implement freeze protection measures at applicable bulk 
electric system generating units to provide the capability to operate 
at the Extreme Cold Weather Temperature with sustained, concurrent 20 
mph wind speed for the unit.\32\ Specifically, Requirement R2 requires 
generating units with a commercial operation date on or after October 
1, 2027, to be capable of operating at the unit's Extreme Cold Weather 
Temperature for a continuous 12-hour period or at the maximum 
operational duration for intermittent energy resources if less than 12 
continuous hours. If a generating unit is unable to do either then it 
must develop a corrective action plan to add new or modify existing or 
previously planned freeze protection measures to provide the capability 
to operate at the unit's Extreme Cold Weather Temperature with a 
sustained, concurrent 20 mph wind speed.\33\
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    \31\ Requirements R2 and R3 under proposed Reliability Standard 
EOP-012-2 were originally Requirements R1 and R2, respectively, 
under currently approved but not yet effective Reliability Standard 
EOP-012-1.
    \32\ NERC Petition at 37.
    \33\ Id. at 38.
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    Similar to Requirement R2, but without the wind and duration 
criteria, Requirement R3 requires either that existing generating 
units, (i.e., those in commercial operation prior to October 1, 2027) 
be capable of operating at the unit's Extreme Cold Weather Temperature 
or that the generator owner develops a corrective action plan to 
address the unit's inability to continuously operate successfully.\34\ 
Requirements R2 and R3 exempt generating units that do not self-commit 
or are not required to operate at or below a temperature of 32 degrees 
Fahrenheit, including those that may be called upon to operate to 
assist in mitigating emergencies during periods at or below 32 degrees 
Fahrenheit.\35\ Proposed Reliability Standard EOP-012-2, Requirement 
R4,\36\ modifies the requirement for generator owners to implement and 
maintain cold weather preparedness plans.\37\
---------------------------------------------------------------------------

    \34\ Id. at 38-39.
    \35\ Proposed Reliability Standard EOP-012-2, Requirement R2, 
n.1 and Requirement R3, n.2; see also NERC Petition at 41-42.
    \36\ Proposed Reliability Standard EOP-012-2, Requirement R4 was 
originally Requirement R3 in currently approved but not yet 
effective Reliability Standard EOP-012-1.
    \37\ NERC Petition at 45.
---------------------------------------------------------------------------

    Under Requirement R4, generator owners would include in their cold 
weather preparedness plans the information determined in accordance 
with proposed Reliability Standard EOP-012-2, Requirement R1. 
Requirement R4 also clarifies that the cold weather preparedness plans 
shall reflect the lowest calculated Extreme Cold Weather Temperature 
for the unit, even if subsequent re-calculations indicate warming 
temperatures.\38\
---------------------------------------------------------------------------

    \38\ Id. at 46 (citing proposed Reliability Standard EOP-012-2, 
Requirement R4, n.3, which states that generator owners shall 
include the lowest calculated Extreme Cold Weather Temperature for 
the unit, even where subsequent periodic re-calculations under 
Requirement R1, Part 1.1 cause an increase in the Extreme Cold 
Weather Temperature).
---------------------------------------------------------------------------

    Proposed Reliability Standard EOP-012-2, Requirement R5 is 
substantively unchanged from the prior version of the Standard. 
Requirement R5 states that generator owners must train their personnel 
annually on the unit's cold weather preparedness plans.\39\
---------------------------------------------------------------------------

    \39\ Id. at 47.
---------------------------------------------------------------------------

    Proposed Reliability Standard EOP-012-2, Requirement R6 modifies 
the requirement that generator owners that self-commit or are required 
to operate at or below a temperature of 32 degrees Fahrenheit and 
experience an outage, failure to start, or derate due to freezing at or 
above their Extreme Cold Weather Temperature must develop a corrective 
action plan to address the identified causes. Requirement R6 exempts 
generating units that do not self-commit or are not required to operate 
at or below a temperature of 32 degrees Fahrenheit, including those 
that may be called upon to operate to assist in mitigating emergencies 
during periods at or below 32 degrees Fahrenheit.\40\
---------------------------------------------------------------------------

    \40\ Id. at 48 (citing Proposed Reliability Standard EOP-012-2, 
Requirement R6, n.4).
---------------------------------------------------------------------------

    Proposed Reliability Standard EOP-012-2, Requirement R7 modifies 
the requirement for implementing corrective action plans. Requirement 
R7 includes new implementation deadlines for implementing corrective 
action plans and clarifies the types of constraints that may preclude 
the implementation of one or more corrective actions.\41\ Specifically, 
Requirement R7 requires that for each corrective action plan developed 
pursuant to Requirements R1, R2, R3, or R6, generator owners shall 
include a timetable for implementing the corrective actions and 
complete the corrective actions in accordance with the timetables 
outlined in the proposed Standard.\42\ Under Requirement R7, generator 
owners are permitted to update the corrective action plan timetables, 
with justifications, if corrective actions change or the timetable 
exceeds the timelines in Requirement R7, Part 7.1. This requirement 
also states that the generator owner must document, in a declaration 
with justification, any Generator Cold Weather Constraint that 
precludes the generator owner from implementing the selected actions

[[Page 103815]]

contained within the corrective action plan.\43\
---------------------------------------------------------------------------

    \41\ Id. at 50.
    \42\ Id. at 50-51 (noting that generator owners must list the 
actions that address existing equipment or freeze protection 
measures to be completed within 24 calendar months of completing 
development of the corrective action plan, list the actions that 
require new equipment or freeze protection measures, if any, to be 
completed within 48 calendar months of completing development of the 
corrective action plan, and list the updates to the cold weather 
preparedness plan requirement under Requirement R4 to identify the 
updates or additions to the Generator Cold Weather Critical 
Components and their freeze protection measures) (emphasis added).
    \43\ NERC Petition at 51-60.
---------------------------------------------------------------------------

    Proposed Reliability Standard EOP-012-2, Requirement R8 is a new 
requirement that would apply to generator owners that have declared a 
Generator Cold Weather Constraint under Requirement R7. Specifically, 
this requirement states that each generator owner that creates a 
Generator Cold Weather Constraint declaration shall review the 
Generator Cold Weather Constraint declaration at least every five 
calendar years or as needed when a change of status to the Generator 
Cold Weather Constraint occurs and update the operating limitations 
associated with capability and availability under Requirement R1, Part 
1.2, if applicable.\44\
---------------------------------------------------------------------------

    \44\ Id. at 62.
---------------------------------------------------------------------------

    NERC requests that the Commission approve the violation risk 
factors and violation severity levels for proposed Reliability Standard 
EOP-012-2.\45\ Further, NERC proposes an effective date for Reliability 
Standard EOP-012-2 (with the exception of Requirement R3, which would 
become mandatory and enforceable 12-months following the proposed 
Standard's effective date) of October 1, 2024 or the first day of the 
first calendar quarter that is three months following regulatory 
approval, whichever is later.\46\
---------------------------------------------------------------------------

    \45\ Id. at 2-3.
    \46\ Id. at 66.
---------------------------------------------------------------------------

    Finally, NERC requests that the Commission approve proposed 
Reliability Standard EOP-012-2 in an expedited manner. NERC explains 
that, among other things, expedited approval would provide regulatory 
certainty to entities seeking to comply with the proposed Reliability 
Standard ahead of the mandatory and enforceable date.\47\
---------------------------------------------------------------------------

    \47\ Id. at 70-71.
---------------------------------------------------------------------------

    The EOP Standards are currently located in the FERC-725S (OMB 
Control No. 1902-0270) collection.\48\ In Docket No. RD24-5-000, the 
Commission proposes to replace the current OMB approved Reliability 
Standard EOP-012-1 with proposed Reliability Standard EOP-012-2 (Table 
1). Proposed Reliability Standard EOP-012-2 has eight requirements, 
seven of which have been carried over and modified from the already 
approved Reliability Standard EOP-012-1 (Requirements R1-R7) and one of 
which is new (Requirement R8). The estimates in the tables below are 
based, in combination, on one-time (years 1 and 2) and ongoing 
execution (year 3) obligations to follow the revised Reliability 
Standard EOP-012-2. The number of respondents below are based on an 
estimate of the NERC compliance registry for generator owners and 
generator operators. Proposed Reliability Standard EOP-012-2 applies to 
generator owners and generator operators. The Commission based its 
paperwork burden estimates on the NERC compliance registry as of April 
16, 2024. According to the registry for US unique entities, there are 
1,210 generator owners. The estimates in the tables below are based on 
the change in burden from the Reliability Standards approved in this 
order.\49\ The Commission based the burden estimates in the tables 
below on staff experience, knowledge, and expertise.
---------------------------------------------------------------------------

    \48\ The FERC-725S collection includes the EOP family of 
Reliability Standards: EOP-004-4, EOP 005-3, EOP-006-3, EOP-008-2, 
EOP-010-1, EOP-011-4, and EOP-012-2.
    \49\ The overall burden associated with Reliability Standard 
EOP-012 will be the sum of the burden (responses) from Reliability 
Standard EOP-012-1 (under RD23-1-000) and Reliability Standard EOP-
012-2 (under RD24-5-000).
---------------------------------------------------------------------------

    Public Reporting Burden: The estimated costs and burden for the 
revisions in Docket No. RD24-5-000 are shown in the table below.
---------------------------------------------------------------------------

    \50\ The estimated hourly cost (salary plus benefits) is a 
combination based on the Bureau of Labor Statistics (BLS), as of 
2024, for seventy five percent of the average of an Electrical 
Engineer (17-2071)-$79.31 and mechanical engineers (17-2141)-$89.86. 
($79.31 + $89.86)/2 = 84.585 x .75 = 63.439 ($63.44-rounded) 
($63.44/hour) and twenty-five percent of an Information and Record 
Clerk (43-4199) $44.74 x .25% = 11.185 ($11.19 rounded) ($11.19/
hour), for a total ($63.44+$11.19 = $74.63/hour).
    \51\ A fraction of generator owners would be required to perform 
the task on an ongoing basis, and the hours represent the whole body 
of generator owners.

                                   Table 1--Proposed Changes Due to Final Rule in Docket No. RD24-5-000 for EOP-012-2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Number of
      Reliability standard &         Type and number of      annual     Total number      Average number of burden
           requirement                     entity          responses    of responses      hours per response \50\             Total burden hours
                                                           per entity
                                   (1)..................          (2)     (1) * (2) =  (4)..........................  (3) * (4) = (5)
                                                                                  (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        FERC-725S
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       One Time Estimate--Years 1 and 2 EOP-012-2
--------------------------------------------------------------------------------------------------------------------------------------------------------
EOP-012-2........................  1,210 (GO)...........            1           1,210  5 hrs., $373.15..............  6,050 hrs., $451,511.5.
                                  ----------------------------------------------------------------------------------------------------------------------
    Sub-Total for EOP-012-2 (one-  .....................  ...........           1,210  5 hrs., $373.15..............  6,050 hrs., $451,511.5.
     time).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Ongoing Estimate--Year 3 ongoing EOP-012-2
--------------------------------------------------------------------------------------------------------------------------------------------------------
EOP-012-2........................  1,210 (GO)...........            1           1,210  2 hrs.\51\, $149.26..........  2,420 hrs., $180,604.6.
                                  ----------------------------------------------------------------------------------------------------------------------
    Sub-Total for EOP-012-2        .....................  ...........           1,210  2 hrs., $149.26..............  2,420 hrs., $180,604.6.
     (ongoing).
    Sub-Total of ongoing burden    .....................  ...........             404  .............................  807 hrs., $60,226.41.
     averaged over three years.
                                  ----------------------------------------------------------------------------------------------------------------------
        Proposed Total Burden      .....................  ...........           1,614  .............................  6,857 hrs., $511,737.91.
         Estimate of EOP-012-2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Changes to FERC 725S by RD24-5-000
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-725S modification             Current..............      Current                            Total change due to RD24-5-000
                                   inventory............    inventory
                                   (hours)..............  (responses)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Addition of EOP-012-2............  .....................  ...........                            +6,857 hrs., +1,614 responses.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 103816]]

    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 13, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-30275 Filed 12-18-24; 8:45 am]
BILLING CODE 6717-01-P


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