Commission Information Collection Activities (FERC-725S); Comment Request; Revision, 103811-103816 [2024-30275]
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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.
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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.
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February 2025.
June 2025.
July 2025.
September
2025.
September
2025.
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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:
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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
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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).
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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.
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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.
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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.
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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).
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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.
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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.
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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
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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
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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
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o(d)(2).
\2\ Id.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\5\ 16 U.S.C. 824o(d)(5).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\12\ See November 2021 Report at 9.
\13\ Id. at 184-212 (sub-recommendations 1a through 1j).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
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\28\ NERC Petition at 22-23.
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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\
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\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.
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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\
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\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.
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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\
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\40\ Id. at 48 (citing Proposed Reliability Standard EOP-012-2,
Requirement R6, n.4).
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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\
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\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.
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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\
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\44\ Id. at 62.
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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\
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\45\ Id. at 2-3.
\46\ Id. at 66.
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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\
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\47\ Id. at 70-71.
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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.
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\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).
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Public Reporting Burden: The estimated costs and burden for the
revisions in Docket No. RD24-5-000 are shown in the table below.
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\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)
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FERC-725S
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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.
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Sub-Total for EOP-012-2 (one- ..................... ........... 1,210 5 hrs., $373.15.............. 6,050 hrs., $451,511.5.
time).
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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.
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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.
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Proposed Total Burden ..................... ........... 1,614 ............................. 6,857 hrs., $511,737.91.
Estimate of EOP-012-2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes to FERC 725S by RD24-5-000
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FERC-725S modification Current.............. Current Total change due to RD24-5-000
inventory............ inventory
(hours).............. (responses)
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Addition of EOP-012-2............ ..................... ........... +6,857 hrs., +1,614 responses.
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[[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