Electric Reliability Organization Proposal To Retire Requirements in Reliability Standards
Federal Register, Volume 78 Issue 125 (Friday, June 28, 2013)
Federal Register Volume 78, Number 125 (Friday, June 28, 2013)
Proposed Rules
Pages 38851-38867
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-15433
Page 38851
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 40
Docket No. RM13-8-000
Electric Reliability Organization Proposal To Retire Requirements in Reliability Standards
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Pursuant to section 215 of the Federal Power Act, the Commission proposes to approve the retirement of 34 requirements within 19 Reliability Standards identified by the North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization. The requirements proposed for retirement either: Provide little protection for Bulk-Power System reliability or are redundant with other aspects of the Reliability Standards. In addition, the Commission proposes to withdraw 41 outstanding Commission directives that NERC develop modifications to Reliability Standards. The Commission believes that the identified outstanding directives have either been addressed in some other manner, are redundant with another directive or provide general guidance as opposed to a specific directive and, therefore, that withdrawal of these outstanding directives will have little impact the reliability of the Bulk-Power System. This proposal is part of the Commission's ongoing effort to review its requirements and reduce unnecessary burdens by eliminating requirements that are not necessary to the performance of the Commission's regulatory responsibilities.
DATES: Comments are due August 27, 2013.
ADDRESSES: Comments, identified by docket number, may be filed in the following ways:
Electronic Filing through http://www.ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not a scanned format.
Mail/Hand Delivery: Those unable to file electronically may mail or hand-deliver comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Comment Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT: Kevin Ryan (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-6840. Michael Gandolfo (Technical Information), Office of Electric Reliability, Division of Reliability Standards and Security, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-6817.
SUPPLEMENTARY INFORMATION:
Notice of Proposed Rulemaking
(Issued June 20, 2013)
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Pursuant to section 215(d) of the Federal Power Act (FPA),\1\ the Commission proposes to approve the retirement of 34 requirements within 19 Reliability Standards identified by the North American Electric Reliability Corporation (NERC), the Commission-certified Electric Reliability Organization (ERO). The proposed retirements meet the benchmarks set forth in the Commission's March 15, 2012 order that requirements proposed for retirement either: (1) Provide little protection for Bulk-Power System reliability or (2) are redundant with other aspects of the Reliability Standards.\2\ Consistent with the Commission's proposal in the March 2012 Order, we believe that the requirements proposed for retirement can ``be removed from the Reliability Standards with little effect on reliability and an increase in efficiency of the ERO compliance program.'' \3\ We seek comment on our proposal to approve the retirement of the 34 requirements identified by NERC.
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\1\ 16 U.S.C. 824o(d) (2006).
\2\ See North American Electric Reliability Corp., 138 FERC 61,193, at P 81 (March 2012 Order), order on reh'g and clarification, 139 FERC 61,168 (2012).
\3\ Id. P 81.
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In addition, we propose to withdraw 41 outstanding Commission directives that NERC develop modifications to Reliability Standards. In Order No. 693 and subsequent final rules, the Commission has identified various issues and directed NERC to develop modifications to the Reliability Standards or take other action to address those issues.\4\ While NERC has addressed many of these directives, over 150 directives remain outstanding. Some of the outstanding directives may no longer warrant action to assure reliability of the Bulk-Power System and should be withdrawn. We have identified 41 outstanding directives to withdraw based on the following three guidelines: (1) Whether the reliability concern underlying the outstanding directive has been addressed in some manner, rendering the directive stale; (2) whether the outstanding directive provides general guidance for standards development rather than a specific directive; and (3) whether the outstanding directive is redundant with another directive. The 41 outstanding directives we propose to withdraw are listed in Attachment A to this Notice of Proposed Rulemaking (NOPR). The withdrawal of these directives will enhance the efficiency of the Reliability Standards development process, with little or no impact on Bulk-Power System reliability.
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\4\ Mandatory Reliability Standards for the Bulk-Power System, Order No. 693, FERC Stats. & Regs. 31,242, order on reh'g, Order No. 693-A, 120 FERC 61,053 (2007). See also Mandatory Reliability Standards for the Calculation of Available Transfer Capability, Capacity Benefit Margins, Transmission Reliability Margins, Total Transfer Capability, and Existing Transmission Commitments and Mandatory Reliability Standards for the Bulk-Power System, Order No. 729, 129 FERC 61,155 (2009), order on clarification, Order No. 729-A, 131 FERC 61,109 (2010), order on reh'g and reconsideration, Order No. 729-B, 132 FERC 61,027 (2010).
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Pursuant to Executive Order 13579, the Commission issued a plan to identify regulations that warrant repeal or modification, or strengthening, complementing, or modernizing where necessary or appropriate.\5\ In the Plan, the Commission also stated that it voluntarily and routinely, albeit informally, reviews its regulations to ensure that they achieve their intended purpose and do not impose undue burdens on regulated entities or unnecessary costs on those entities or their customers. The proposal in this NOPR is a part of the Commission's ongoing effort to review its requirements and reduce unnecessary burdens by eliminating requirements that are not necessary to the performance of the Commission's regulatory responsibilities.
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\5\ Plan for Retrospective Analysis of Existing Rules, Docket No. AD12-6-000 (Nov. 8, 2011). Executive Order 13579 requests that independent agencies issue public plans for periodic retrospective analysis of their existing ``significant regulations.'' Retrospective analysis should identify ``significant regulations'' that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in order to achieve the agency's regulatory objective.
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Background
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Section 215 of the FPA
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Section 215 of the FPA requires the Commission-certified ERO to develop mandatory and enforceable Reliability
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Standards, subject to Commission review and approval. Once approved, the Reliability Standards may be enforced in the United States by the ERO subject to Commission oversight, or by the Commission independently.\6\ Pursuant to the requirements of FPA section 215, the Commission established a process to select and certify an ERO \7\ and, subsequently, certified NERC as the ERO.\8\
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\6\ See 16 U.S.C. 824o(e)(3).
\7\ Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, Order No. 672, FERC Stats. & Regs. 31,204, order on reh'g, Order No. 672-A, FERC Stats. & Regs. 31,212 (2006).
\8\ North American Electric 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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March 2012 Order
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In the March 2012 Order, the Commission accepted, with conditions, NERC's ``Find, Fix, Track and Report'' (FFT) initiative. The FFT process, inter alia, provides NERC and the Regional Entities the flexibility to address lower-risk possible violations through an FFT informational filing as opposed to issuing and filing a Notice of Penalty. In addition, the Commission raised the prospect of revising or removing requirements of Reliability Standards that ``provide little protection for Bulk-Power System reliability or may be redundant.'' \9\ Specifically, the Commission stated:
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\9\ March 2012 Order, 138 FERC 61,193 at P 81.
The Commission notes that NERC's FFT initiative is predicated on the view that many violations of requirements currently included in Reliability Standards pose lesser risk to the Bulk-Power System. If so, some current requirements likely provide little protection for Bulk-Power System reliability or may be redundant. The Commission is interested in obtaining views on whether such requirements could be removed from the Reliability Standards with little effect on reliability and an increase in efficiency of the ERO compliance program. If NERC believes that specific Reliability Standards or specific requirements within certain Standards should be revised or removed, we invite NERC to make specific proposals to the Commission identifying the Standards or requirements and setting forth in detail the technical basis for its belief. In addition, or in the alternative, we invite NERC, the Regional Entities and other interested entities to propose appropriate mechanisms to identify and remove from the Commission-approved Reliability Standards unnecessary or redundant requirements. We will not impose a deadline on when these comments should be submitted, but ask that to the extent such comments are submitted NERC, the Regional Entities, and interested entities coordinate to submit their respective comments concurrently.\10\
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\10\ Id.
In response, NERC initiated a review, referred to as the ``P 81 project,'' to identify requirements that could be removed from Reliability Standards without impacting the reliability of the Bulk-
Power System.
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NERC Petition
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In its February 28, 2013 petition, NERC seeks Commission approval of the retirement of 34 requirements within 19 Reliability Standards. NERC asserts that the 34 requirements proposed for retirement ``are redundant or otherwise unnecessary'' and that ``violations of these requirements . . . pose a lesser risk to the reliability of the Bulk-Power System.'' \11\ In addition, NERC states that it is not proposing to retire any Reliability Standard in its entirety, and the remaining requirements of each affected Reliability Standard will remain in continuous effect. NERC maintains that the requirements proposed for retirement ``can be removed from the Reliability Standards with little to no effect on reliability.'' \12\ NERC also asserts that the proposed retirement of the 34 requirements ``will allow industry stakeholders to focus their resources appropriately on reliability risks and will increase the efficiency of the ERO compliance program.'' \13\
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\11\ Petition at 2.
\12\ Id.
\13\ Id.
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In addition, in its petition, NERC provides a description of the collaborative process adopted by industry stakeholders to respond to the Commission's proposal in paragraph 81 of the March 2012 Order. NERC maintains that the ``scope of the P 81 project was limited solely to the removal of requirements in their entirety that would not otherwise compromise the integrity of the specific Reliability Standard or impact the reliability of the BES.'' \14\ Further, NERC states that the criteria adopted to identify potential requirements for retirement ``were designed so that no rewriting or consolidation of requirements would be necessary.'' \15\
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\14\ Id.
\15\ Id.
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NERC states that the ``P 81 Team'' developed three criteria for its review:
(1) Criterion A: An overarching criteria designed to determine that there is no reliability gap created by the proposed retirement; (2) Criterion B: consists of seven separate identifying criteria designed to recognize requirements appropriate for retirement (administrative; data collection/data retention; documentation; reporting; periodic updates; commercial or business practice; and redundant); and (3) Criterion C: consists of seven separate questions designed to assist the P 81 Team in making an informed decision regarding whether requirements are appropriate to propose for retirement.\16\
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\16\ Id.
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Specifically, the seven questions adopted for Criterion C are:
C1: Was the Reliability Standard requirement part of a FFT filing?
C2: Is the Reliability Standard requirement being reviewed in an on-
going Standards Development Project?
C3: What is the VRF of the Reliability Standard requirement?
C4: In which tier of the 2013 Actively Monitored List does the Reliability Standard requirement fall?
C5: Is there a possible negative impact on NERC's published and posted reliability principles?
C6: Is there any negative impact on the defense in depth protection of the Bulk Electric System?
C7: Does the retirement promote results or performance based Reliability Standards?
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NERC maintains that the project team focused on the identification of ``lower-level facilitating requirements that are either redundant with other requirements or where evidence retention is burdensome and the requirement is unnecessary'' because the reliability goal is achieved through other standards or mechanisms.\17\ NERC asserts that the proposed retirement of documentation requirements will not create a gap in reliability because ``NERC and the Regional Entities can enforce reporting obligations pursuant to section 400 of NERC's Rules of Procedure and Appendix 4C to ensure that necessary data continues to be submitted for compliance and enforcement purposes.'' \18\ NERC asserts that although the P 81 project proposes to retire requirements associated with data retention or documentation, ``the simple fact that a requirement includes a data retention or documentation element does not signify that it should be considered for retirement or is otherwise inappropriately designated as a requirement.'' \19\
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\17\ Id. at 7.
\18\ Id. at 8 (citing North American Electric Reliability Corp., 141 FERC 61,241 at P 82 (2012) (approving proposed revisions to NERC's Rules of Procedure)).
\19\ Id. at 9 (emphasis in original).
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Based on this approach, NERC identified the following 34 requirements
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within 19 Reliability Standards for potential retirement:
BAL-005-0.2b, Requirement R2--Automatic Generation Control
CIP-003-3, -4, Requirement R1.2--Cyber Security--Security Management Controls \20\
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\20\ NERC explains that although only eight requirements in the Critical Infrastructure Protection (CIP) body of Reliability Standards are proposed for retirement, NERC proposes the retirement of those eight requirements in both CIP versions 3 and 4. Therefore, the total number of CIP requirements proposed for retirement is sixteen.
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CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3--Cyber Security--Security Management Controls
CIP-003-3, -4, Requirement R4.2--Cyber Security--Security Management Controls
CIP-005-3a, -4a, Requirement R2.6--Cyber Security--Electronic Security Perimeter(s)
CIP-007-3, -4, Requirement R7.3--Cyber Security--Systems Security Management
EOP-005-2, Requirement R3.1--System Restoration from Blackstart Services
FAC-002-1, Requirement R2--Coordination of Plans for New Facilities
FAC-008-3, Requirements R4 and R5--Facility Ratings
FAC-010-2.1, Requirement R5--System Operating Limits Methodology for the Planning Horizon
FAC-011-2.1, Requirement R5--System Operating Limits Methodology for the Operations Horizon
FAC-013-2, Requirement R3--Assessment of Transfer Capability for the Near-term Transmission Planning Horizon
INT-007-1, Requirement R1.2--Interchange Confirmation
IRO-016-1, Requirement R2--Coordination of Real-Time Activities between Reliability Coordinators
NUC-001-2, Requirements R9.1, R9.1.1, R9.1.2, R9.1.3, and R1.9.4--Nuclear Plant Interface Coordination
PRC-010-0, Requirement R2--Assessment of the Design and Effectiveness of UVLS Programs
PRC-022-1, Requirement R2--Under-Voltage Load Shedding Program Performance
VAR-001-2, Requirement R5--Voltage and Reactive Control
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NERC also requests that the Commission approve the implementation plan, provided as Exhibit C to NERC's petition, which provides that the identified requirements will be retired immediately upon Commission approval.
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NERC states that it will apply the ``concepts'' from the P 81 project to improve the drafting of Reliability Standards going forward. Specifically, NERC explains that Reliability Standards development projects ``will involve stronger examination for duplication of requirements across the NERC body of Reliability Standards and the technical basis and necessity for each and every requirement will continue to be evaluated.'' \21\ According to NERC, requirements that were proposed and ultimately not included in the immediate filing will be mapped for consideration as part of addressing existing standards projects and five-year reviews of standards that have not been recently revised.
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\21\ Petition at 9.
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Discussion
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Proposed Retirement of Requirements
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Pursuant to section 215 of the FPA, we propose to approve the retirement of the 34 requirements within 19 Reliability Standards identified by NERC as just, reasonable, not unduly discriminatory or preferential, and in the public interest. In the March 2012 Order, the Commission explained that ``some current requirements likely provide little protection for Bulk-Power System reliability or may be redundant. The Commission is interested in obtaining views on whether such requirements could be removed from the Reliability Standards with little effect on reliability and an increase in efficiency of the ERO compliance program.'' \22\ In general, the proposed retirements satisfy the expectations set forth in the March 2012 Order; namely, the requirements proposed for retirement either: (1) Provide little protection for Bulk-Power System reliability or (2) are redundant with other aspects of the Reliability Standards.
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\22\ March 2012 Order, 138 FERC 61,193 at P 81.
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We agree with NERC that the elimination of certain requirements that pertain to the information collection or documentation will not result in a reliability gap. Section 400 and Appendix 4C (Uniform Compliance Monitoring and Enforcement Program) of the NERC Rules of Procedure provide NERC and the Regional entities the authority to enforce reporting obligations necessary to support reliability.\23\ This authority, used in the appropriate manner, justifies retiring certain documentation-related requirements that provide limited, if any, support for reliability. We anticipate that the retirement of such requirements will enhance the efficiency of the ERO compliance program, as well as the efficiency of individual registered entity compliance programs.
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\23\ See North American Electric Reliability Corp., 141 FERC 61,241 at P 82.
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The specific requirements, NERC's rationale supporting retirement, and the Commission's proposed approval of the retirements are outlined below.
Resource and Demand Balancing Reliability Standards
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BAL-005-0.2b, Requirement R2--Automatic Generation Control:
R2. Each Balancing Authority shall maintain Regulating Reserve that can be controlled by AGC to meet the Control Performance Standard.
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NERC states that the reliability purpose of BAL-005-0.2b is ``to establish requirements for Balancing Authority Automatic Generation Control (``AGC'') necessary to calculate Area Control Error (``ACE'') and to routinely deploy the Regulating Reserve.'' \24\ NERC asserts that the reliability purpose and objectives of BAL-005-0.2b will not be affected by the retirement of Requirement R2.\25\ Specifically, NERC states that BAL-005 is related to BAL-001--Real Power Balancing Control Performance, and a ``Balancing Authority must use AGC to control its Regulating Reserves to meet the Control Performance Standards (``CPS'') as set forth in BAL-001-0.1a Requirements R1 and R2.'' \26\ According to NERC, the ``primary purpose of Requirement R2 is to specify how a Balancing Authority must meet the Control Performance Standards, i.e., through the use of Automatic Generation Control.'' \27\
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\24\ Petition at 12-13.
\25\ Id. at 13.
\26\ Id.
\27\ Id.
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NERC states that, although the Commission has previously rejected an argument regarding the potential redundancy of Requirement R2, ``this Requirement is redundant in an operational sense.'' \28\ NERC asserts that, while a balancing authority may be able to meet its Control Performance Standard without automatic generation control, ``it cannot do so for any extended period of time, and, therefore, Balancing Authorities must use Automatic Generation Control to control Regulating Reserves to satisfy obligations under BAL-001-0.1a
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Requirements R1 and R2.'' \29\ NERC concludes that ``Balancing Authorities must still have Regulating Reserves that can be controlled by Automatic Generation Control to satisfy the Control Performance Standards in BAL-001-0.1a Requirements R1 and R2'' if BAL-005-0.2b, Requirement R2 is retired.\30\
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\28\ Id. at 14.
\29\ Id.
\30\ Id.
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We propose to approve the retirement of BAL-005-0.2b, Requirement R2 based on NERC's assertion that the requirement is redundant with BAL-001-0.1a, Requirements R1 and R2. Specifically, we propose to accept NERC's explanation that the obligation to maintain regulating reserves controlled by automatic generation control under BAL-005-0.2b, Requirement R2 is redundant from an operational perspective with the obligation to meet the Control Performance Standards in BAL-001-0.1a, Requirements R1 and R2. As NERC notes, although a balancing authority can meet the Control Performance Standards without automatic generation control, it is reasonable to assume that it cannot operate in that manner for an extended period of time and that a balancing authority must ultimately rely on regulating reserves controlled by automatic generation control.
Critical Infrastructure Protection Reliability Standards
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CIP-003-3, -4, Requirement R1.2--Cyber Security--Security Management Controls:
R1.2. The cyber security policy is readily available to all personnel who have access to, or are responsible for, Critical Cyber Assets.
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NERC states that CIP-003 requires responsible entities to have minimum security management controls in place to protect critical cyber assets. According to NERC, the ``reliability purpose and objectives of CIP-003 are unaffected by the proposed retirement of Requirement R1.2.'' \31\ NERC states that ``CIP-003 Requirement R1.2 is an administrative task that requires Responsible Entities to ensure that their cyber security policy is readily available to personnel'' and that retirement of Requirement R1.2 will not create a gap in reliability.\32\
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\31\ Petition at 15.
\32\ Id.
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We propose to approve the retirement of CIP-003-3, -4, Requirement R1.2 based on NERC's explanation that it is an administrative provision that provides little protection for Bulk-Power System reliability. As NERC explains, the training, procedures, and process related requirements of the CIP standards render having the cyber security policy readily available an unnecessary requirement.\33\ Thus, we agree that CIP-003-3, -4, Requirement R1.2 may be viewed as redundant with the training obligations imposed under CIP-004-3a that require specific training for all employees, including contractors and service vendors, who have access to critical cyber assets. We also agree with NERC that CIP-003-3, -4, Requirement R1.2 creates a compliance burden that outweighs the reliability benefit of requiring a responsible entity to ensure that its general cyber security policy is readily available.
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\33\ Id., NERC Petition, Exhibit E (Paragraph 81 Technical Whitepaper) at 17.
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CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3--Cyber Security--Security Management Controls:
R3. Exceptions--Instances where the Responsible Entity cannot conform to its cyber security policy must be documented as exceptions and authorized by the senior manager or delegate(s).
R3.1. Exceptions to the Responsible Entity's cyber security policy must be documented within thirty days of being approved by the senior manager or delegate(s).
R3.2. Documented exceptions to the cyber security policy must include an explanation as to why the exception is necessary and any compensating measures.
R3.3. Authorized exceptions to the cyber security policy must be reviewed and approved annually by the senior manager or delegate(s) to ensure the exceptions are still required and valid. Such review and approval shall be documented.
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NERC states that CIP-003 requires Responsible Entities to have minimum security management controls in place to protect critical cyber assets. NERC asserts that the ``reliability purpose and objectives of CIP-003 are unaffected by the proposed retirement of Requirements R3, and R3.1 through R3.3.'' \34\ NERC characterizes CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3 as administrative tasks and indicates that the proposed retirement of these requirements presents no reliability gap. NERC explains that the requirements at issue ``only apply to exceptions to internal corporate policy, and only in cases where the policy exceeds a Reliability Standards requirement or addressees an issue that is not covered in a Reliability Standard.'' \35\ NERC maintains that the retirement of Requirements R3, R3.1, R3.2, and R3.3 ``would not impact an entity's ability to maintain such an exception process within its corporate policy governance procedures, if it is so desired.'' \36\
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\34\ Petition at 17.
\35\ Id.
\36\ Id.
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NERC explains that CIP-003-3, -4, Requirement R3, R3.1, R3.2, and R3.3 ``have proven not to be useful and have been subject to misinterpretation.'' \37\ Specifically, NERC states that entities may be interpreting CIP-003-3, -5, Requirement R3 and its sub-requirements as allowing for an exemption from compliance with one or more requirements of a Reliability Standard. NERC explains that this misinterpretation has created an unnecessary burden because entities have ``allocated time and resources to tasks that are misaligned with the CIP requirements themselves.'' \38\ In addition, NERC notes that the misunderstanding of the requirements has affected the efficiency of the ERO compliance program due to ``the amount of time and resources needed to clear up the misunderstanding and coach entities on the meaning of the CIP exception requirements.'' \39\
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\37\ Id., Exhibit E at 21.
\38\ Id.
\39\ Id.
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We propose to approve the retirement of CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3 based on NERC's explanation that Requirements R3, R3.1, R3.2, and R3.3 impose administrative tasks that provide little protection for Bulk-Power System reliability. As NERC notes, the exception process outlined under CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3 only applies to a responsible entity's internal corporate policy, and only in situations where a responsible entity's internal corporate policy exceeds a CIP Reliability Standard requirement. The retirement of CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3 will not affect a responsible entity's compliance with the body of the CIP Reliability Standards.
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CIP-003-3, -4, Requirement R4.2--Cyber Security--Security Management Controls:
R4.2. The Responsible Entity shall classify information to be protected under this program based on the sensitivity of the Critical Cyber Asset information.
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NERC states that CIP-003, Requirement R4.2 requires responsible entities to classify information based on its ``sensitivity.'' NERC characterizes
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this task as an ``administrative task'' that is redundant with CIP-003-
3, -4, Requirement R4. According to NERC, Requirement R4 already requires a Responsible Entity to classify critical cyber information and the ``only difference between Requirements R4 and R4.2 is that the subjective term `based on sensitivity' has been added to Requirement R4.2, thus, making it essentially redundant.'' \40\ NERC maintains that the retirement of R4.2 presents no reliability gap.
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\40\ Petition at 19.
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We propose to approve the retirement of CIP-003-3, -4, Requirement R4.2 based on NERC's explanation that Requirement R4.2 is redundant with CIP-003-3, -4, Requirement R4. Specifically, the only distinction between CIP-003-3, -4, Requirement R4.2 and Requirement R4 is the subjective term ``based on the sensitivity.'' The obligation in Requirement R4 that a responsible entity must identify, classify, and protect Critical Cyber Asset information remains even with the retirement of Requirement R4.2.
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CIP-005-3a, -4a, Requirement R2.6--Cyber Security--Electronic Security Perimeter(s):
R2.6. Appropriate Use Banner--Where technically feasible, electronic access control devices shall display an appropriate use banner on the user screen upon all interactive access attempts. The Responsible Entity shall maintain a document identifying the content of the banner.
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NERC states that the general purpose of CIP-005-3a, -4a is to ensure a proper or secure access point configuration. NERC asserts that the ``implementation of an appropriate use banner . . . on a user's screen for all interactive access attempts into the Electronic Security Perimeter . . . is an activity or task that is administrative.'' \41\ NERC states that the implementation of an appropriate use banner does not support the general purpose of CIP-005-3a, -4a and, thus, retirement of the provision presents no reliability gap.\42\
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\41\ Id. at 20.
\42\ An ``appropriate use banner'' is a notification presented to the user when accessing a system through an electronic access control device that is intended to emphasize the corporate policy on the appropriate use of the system.
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NERC explains that Requirement R2.6 has also been the subject of numerous technical feasibility exceptions for devices that cannot support such a banner and, thus, has diverted resources from more productive efforts. NERC avers that ``the ERO's compliance program would become more efficient if CIP-005-3a, -4a Requirement R2.6 was retired, because ERO time and resources could be reallocated to monitor compliance with the remainder of CIP-005-3a, -4a, which provides for more effective controls of electronic access at all electronic access points into the ESP.'' \43\
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\43\ Id. at 21.
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We propose to approve the retirement of CIP-005-3a, -4a, Requirement R2.6 based on NERC's explanation that Requirement R2.6 represents an administrative task that provides little protection for Bulk-Power System reliability. As NERC notes, the implementation of an appropriate use banner as required under CIP-005-3a, -4a, Requirement R2.6 does not further the general goal of controlling electronic access at all electronic access points to the Electronic Security Perimeter(s). In addition, Requirement R2.6 has been the subject of numerous technical feasibility exceptions due to the fact that not all devices can support an appropriate use banner.
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CIP-007-3, -4, Requirement R7.3--Cyber Security--Systems Security Management:
R7.3. The Responsible Entity shall maintain records that such assets were disposed of or redeployed in accordance with documented policies.
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NERC states that Requirement R7.3 requires the maintaining of records for the purpose of demonstrating compliance with disposing of or redeploying Cyber Assets in accordance with documented procedures. NERC asserts, however, that it and the Regional Entities can require the production of records to demonstrate compliance under section 400 of the NERC Rules of Procedure. Therefore, NERC maintains that ``Requirement R7.3 is redundant and unnecessary.'' \44\
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\44\ Id. at 22.
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We propose to approve the retirement of CIP-007-3, -4, Requirement R7.3. The retirement of Requirement R7.3 will not relieve a responsible entity of the obligation to dispose of or redeploy a Cyber Asset in the manner set forth in CIP-007-3, -4, Requirement R7. Should NERC or the Regional Entities seek to confirm that a responsible entity is complying with the substantive obligations in CIP-007-3, -4, Requirement R7, they can invoke their authority under section 400 of the NERC Rules of Procedure.
Emergency Preparedness and Operations Reliability Standards
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EOP-005-2, Requirement R3.1--System Restoration from Blackstart Services:
R3.1. If there are no changes to the previously submitted restoration plan, the Transmission Operator shall confirm annually on a predetermined schedule to its Reliability Coordinator that it has reviewed its restoration plan and no changes were necessary.
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NERC states that the reliability purpose of EOP-005-2 is to ensure that plans, Facilities, and personnel are prepared to enable system restoration from blackstart resources to assure that reliability is maintained during restoration and priority is placed on restoring the Interconnection. According to NERC, the reliability purpose of EOP-
005 will be unaffected by the retirement of Requirement R3.1.
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NERC explains that ``EOP-005-2 Requirement R3 currently requires the Transmission Operator to submit its restoration plan to its Reliability Coordinator, whether or not the plan includes changes.'' \45\ NERC maintains that, since a transmission operator is already obligated to review and submit its restoration plan to its reliability coordinator annually whether or not there has been a change, ``EOP-005-2 Requirement R3.1 only adds a separate, duplicative administrative burden for the entity to also confirm that there were no changes.'' \46\
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\45\ Id. at 23.
\46\ Id. at 24.
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We propose to approve the retirement of EOP-005-2, Requirement R3.1 based on NERC's explanation that Requirement R3.1 is redundant with EOP-005-2, Requirement R3. Specifically, Requirement R3 requires a responsible entity to review its restoration plan and submit the plan to its reliability coordinator annually. As NERC notes, Requirement R3.1 adds a separate, duplicative administrative burden requiring a transmission operator to confirm whether or not the restoration plan reflects any changes. The retirement of Requirement R3.1 will not remove the transmission operator's obligation to review and submit its restoration plan to its reliability coordinator on an annual basis.
Facilities Design, Connections, and Maintenance Reliability Standards
-
FAC-002-1, Requirement R2--Coordination of Plans for New Facilities:
R2. The Planning Authority, Transmission Planner, Generator Owner, Transmission Owner, Load-Serving Entity, and Distribution Provider shall each retain its documentation (of its evaluation of the reliability impact of the new facilities and their connections to the interconnected transmission systems) for three years and shall provide the documentation to the Regional
Page 38856
Reliability Organization(s) and NERC on request (within 30 calendar days).
-
NERC states that the reliability purpose of FAC-002 is to avoid adverse impacts on reliability by requiring generator owners and transmission owners and electricity end-users to meet facility connection and performance requirements. Specifically, NERC maintains that ``Responsible Entities have an existing obligation to produce the same information required by Requirement R2 to demonstrate compliance with Requirement R1 and its sub-requirements, thus making Requirement R2 redundant.'' \47\ NERC concludes that the retirement of Requirement R2 presents no reliability gap. NERC asserts that the reliability purpose of FAC-002 will be unaffected by the retirement of Requirement R2.
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\47\ Id. at 25.
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We propose to approve the retirement of FAC-002-1, Requirement R2 based on NERC's explanation that Requirement R2 is redundant with the compliance obligations imposed by FAC-002-1, Requirement R1 and its sub-requirements. While FAC-002-1, Requirement R2 requires a responsible entity to retain documentation of the evaluation of the reliability impact of new facilities and their connections to the interconnected transmission systems for three years, Requirement R1 and its sub-requirements require a responsible entity to have evidence and documentation of the evaluation in order to show that it is in compliance. We also note that Part D, Section 1.4 of FAC-002-1 separately specifies a data retention period of three years for this evaluation. The retirement of Requirement R2 should not result in a reliability gap on account of the need to maintain evidence and documentation to show compliance with FAC-002-1, Requirement R1.
-
FAC-008-3, Requirements R4 and R5--Facility Ratings:
R4. Each Transmission Owner shall make its Facility Ratings methodology and each Generator Owner shall each make its documentation for determining its Facility Ratings and its Facility Ratings methodology available for inspection and technical review by those Reliability Coordinators, Transmission Operators, Transmission Planners and Planning Coordinators that have responsibility for the area in which the associated Facilities are located, within 21 calendar days of receipt of a request.
R5. If a Reliability Coordinator, Transmission Operator, Transmission Planner or Planning Coordinator provides documented comments on its technical review of a Transmission Owner's Facility Ratings methodology or Generator Owner's documentation for determining its Facility Ratings and its Facility Rating methodology, the Transmission Owner or Generator Owner shall provide a response to that commenting entity within 45 calendar days of receipt of those comments. The response shall indicate whether a change will be made to the Facility Ratings methodology and, if no change will be made to that Facility Ratings methodology, the reason why.
-
NERC states that ``the reliability objective of FAC-008 is that facility ratings produced by the methodologies of the Transmission Owner or Generator Owner shall equal the most limiting applicable equipment rating, and consider, for example, emergency and normal conditions, historical performance, nameplate ratings, etc.'' \48\ NERC asserts that this reliability objective ``is not significantly or substantively advanced by FAC-008-3 R4 (available for inspection) and R5 (comment and responsive comments).'' \49\ NERC states that the retirement of FAC-008-03, Requirements R4 and R5 will not create a reliability gap ``because Transmission Owners and Generator Owners must comply with the substantive requirements of FAC-008-3 regarding their facility rating methodologies whether or not the exchange envisioned by FAC-008-3 R4 and R5 occurs.'' \50\
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\48\ Exhibit E at 40.
\49\ Id.
\50\ Id.
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-
NERC states further that ``neither FAC-008-3 R4 nor R5 require that the Transmission Owner and Generator Owner change its methodology, rather FAC-008-3 R4 and R5 are designed as an exchange of comments that may be an avenue to advance commercial interests.'' \51\ Therefore, NERC asserts that FAC-008-3, Requirements R4 and R5 represent ``an administrative task that does little, if anything, to benefit or protect the reliable operation of the BES, and has the potential to implicate commercially sensitive issues.'' \52\ NERC concludes that ``the ERO compliance program would gain efficiencies by no longer having to track whether requests for technical review had occurred, comments provided and reallocate time and resources to monitoring the Transmission Owner's or Generator Owner's adherence to substantive requirements of FAC-008-3.'' \53\
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\51\ Id.
\52\ Id. at 41.
\53\ Id.
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-
We propose to approve the retirement of FAC-008-03, Requirements R4 and R5 based on NERC's explanation that Requirements R4 and R5 impose an administrative task that provides little protection for Bulk-Power System reliability. The retirement of Requirements R4 and R5 will not relieve a transmission owner or generator owner of the obligation to have documentation supporting its facility ratings methodology.
Requirements R4 and R5, therefore, impose a compliance burden with little attendant reliability benefit.
-
FAC-010-2.1, Requirement R5--System Operating Limits Methodology for the Planning Horizon:
R5. If a recipient of the SOL Methodology provides documented technical comments on the methodology, the Planning Authority shall provide a documented response to that recipient within 45 calendar days of receipt of those comments. The response shall indicate whether a change will be made to the SOL Methodology and, if no change will be made to that SOL Methodology, the reason why.
-
NERC states that the reliability purpose of FAC-010-2.1 is to ensure that system operating limits used in the reliable planning of the bulk electric system are determined based on an established methodology.\54\ NERC asserts that the reliability purpose of FAC-010-
2.1 will be unaffected by the retirement of Requirement R5. NERC states that ``the retirement of FAC-010-2.1 R5 does not create a reliability gap, because the Planning Authority must comply with the substantive requirements of FAC-010-2.1 whether or not the exchange envisioned by FAC-010-2.1 R5 occurs.'' \55\
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\54\ Id. at 43. The NERC Glossary of Terms Used in Reliability Standards defines ``system operating limit'' as:
The value (such as MW, MVar, Amperes, Frequency or Volts) that satisfies the most limiting of the prescribed operating criteria for a specified system configuration to ensure operation within acceptable reliability criteria.
\55\ Exhibit E at 43.
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-
NERC states that ``FAC-010- 2.1 R5 sets forth an administrative task that does little, if anything, to benefit or protect the reliable operation of the BES, and has the potential to implicate commercially sensitive issues.'' \56\ According to NERC, ``a Planning Authority's time and resources would be better spent complying with the substantive requirements of FAC-010-2.1.'' \57\ NERC concludes that ``the ERO compliance program would gain efficiencies by no longer having to track whether requests for technical review had occurred, comments provided and reallocate time and resources to monitoring the Planning Authority's
Page 38857
adherence to substantive requirements of FAC-010-2.1.'' \58\
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\56\ Id.
\57\ Id.
\58\ Id.
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-
We propose to approve the retirement of FAC-010-2.1, Requirement R5 based on NERC's explanation that Requirement R5 imposes an administrative task that provides little protection for Bulk-Power System reliability. The retirement of Requirement R5 will not relieve a planning authority of the obligation to document its system operating limits methodology under the remaining provisions of FAC-010-2.1. In addition, the retirement of Requirement R5 will not relieve a planning authority from its obligation pursuant to Requirement R4 of the standard to provide its system operating limits methodology, including any changes to the methodology, to the appropriate entities prior to the effective date of any such change. Based on the explanation in NERC's petition, Requirement R5 imposes a compliance burden with little attendant reliability benefit.
-
FAC-011-2.1, Requirement R5--System Operating Limits Methodology for the Operations Horizon:
R5. If a recipient of the SOL Methodology provides documented technical comments on the methodology, the Reliability Coordinator shall provide a documented response to that recipient within 45 calendar days of receipt of those comments. The response shall indicate whether a change will be made to the SOL Methodology and, if no change will be made to that SOL Methodology, the reason why.
-
NERC states that FAC-011-2 Requirement R5 requires that, when a reliability coordinator receives comments on its system operating limit methodology, the reliability coordinator must respond and indicate whether it has changed its methodology. According to NERC, the ``retirement of FAC-011-2 R5 does not create a reliability gap, because the Reliability Coordinator must comply with the substantive requirements of FAC-011-2 R5 sic whether or not the exchange envisioned by FAC-011-2 R5 occurs.'' \59\ NERC maintains that ``FAC-
011-2 R5 may support an avenue to advance commercial interests.'' \60\
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\59\ Id. at 45.
\60\ Id.
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-
NERC states that FAC-011-2, Requirement R5 sets forth an administrative task that does little, if anything, to benefit or protect the reliable operation of the BES. NERC asserts that ``instead of spending time and resources on FAC-011-2 R5 a Reliability Coordinator's time and resources would be better spent complying with the substantive requirements'' of FAC-011-2.\61\ NERC concludes that ``the ERO compliance program would gain efficiencies by no longer having to track whether requests for technical review had occurred, comments provided and reallocate time and resources to monitoring the Reliability Coordinator's adherence to substantive requirements'' of FAC-011-2.\62\
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\61\ Id. at 46.
\62\ Id.
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-
We propose to approve the retirement of FAC-011-2, Requirement R5 based on NERC's explanation that Requirement R5 imposes an administrative task that provides little protection for Bulk-Power System reliability. The retirement of Requirement R5 will not relieve a reliability coordinator of the obligation to document its system operating limits methodology under the remaining provisions of FAC-011-
-
In addition, the retirement of Requirement R5 will not relieve a reliability coordinator from its obligation pursuant to Requirement R4 of the standard to provide its system operating limits methodology, including any changes to the methodology, to the appropriate entities prior to the effective date of any such change. Based on the explanation in NERC's petition, Requirement R5 imposes a compliance burden with little attendant reliability benefit.
-
FAC-013-2, Requirement R3--Assessment of Transfer Capability for the Near-term Transmission Planning Horizon:
R3. If a recipient of the Transfer Capability methodology provides documented concerns with the methodology, the Planning Coordinator shall provide a documented response to that recipient within 45 calendar days of receipt of those comments. The response shall indicate whether a change will be made to the Transfer Capability methodology and, if no change will be made to that Transfer Capability methodology, the reason why.
-
NERC states that FAC-013-2, Requirement R3 is a needlessly burdensome administrative task that does little, if anything, to benefit or protect the reliable operation of the BES. NERC explains FAC-013-2, Requirement R1 and its associated sub-requirements set forth the information that each Planning Authority must include when developing its transfer capability methodology. NERC explains further ``FAC-013-2 R3 sets forth a requirement that if an entity comments on this methodology, the Planning Authority must respond and indicate whether or not it will make a change to its Transfer Capability methodology.'' \63\ NERC concludes, ``while R1 sets forth substantive requirements, R3 sets forth more of an administrative task of the Planning Authority responding to comments on its methodology.'' \64\
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\63\ Id. at 48.
\64\ Id.
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-
NERC states that ``it would seem unnecessarily burdensome to engage in the exchange of comments, given there is no nexus between the exchange and compliance with the substantive requirements of FAC-013-
-
'' \65\ According to NERC, issues regarding an entity's transfer capability methodology should be raised in the context of the receipt of transmission services, not the Reliability Standards.\66\ NERC asserts that time and resources would be better spent complying with the substantive requirements of FAC-013-2. NERC concludes that ``the ERO compliance program would gain efficiencies by no longer having to track whether requests for technical review had occurred, comments provided and reallocate time and resources to monitoring the Reliability Coordinator's adherence to substantive requirements of FAC-
013-2.'' \67\
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\65\ Id. at 49.
\66\ Id.
\67\ Id.
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-
We propose to approve the retirement of FAC-013-2, Requirement R3 based on NERC's explanation that Requirement R3 imposes an administrative task that provides little protection for Bulk-Power System reliability. The retirement of Requirement R3 will not relieve a planning coordinator of the obligation to document its transfer capability methodology under the remaining provisions of FAC-013-2. In addition, the retirement of Requirement R3 will not relieve a planning coordinator from its obligation pursuant to Requirement R2 of the standard to provide its transfer capability methodology, including any changes to the methodology, to the appropriate entities prior to the effective date of any such change. Based on the explanation in NERC's petition, Requirement R3 imposes a compliance burden with little attendant reliability benefit.
Interchange Scheduling and Coordination Reliability Standards
-
INT-007-1, Requirement R1.2--Interchange Confirmation:
R1.2. All reliability entities involved in the Arranged Interchange are currently in the NERC registry.
Page 38858
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NERC states that the reliability purpose of INT-007-1 is to ensure that each arranged interchange is checked for reliability before it is implemented. NERC maintains that the reliability purpose of INT-
007-1 ``is unaffected by the proposed retirement of Requirement R1.2'' and avers that ``Requirement R1.2 is an administrative task that is now outdated.''\68\
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\68\ Petition at 26.
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-
Specifically, NERC explains ``at one time, the identification number came from the NERC Transmission System Information Network (``TSIN'') system, which is now handled via the NAESB Electric Industry Registry.'' \69\ NERC explains further that ``under the E-Tag protocols, no entity may engage in an Interchange transaction without first registering with the E-Tag system and receiving an identification number'' and the E-tag identification number is used to pre-qualify and engage in an Arranged Interchange.\70\ NERC concludes that the task set forth in INT-007-1 Requirement R1.2 is an outdated activity that is no longer necessary, and therefore the proposed retirement of Requirement R1.2 presents no reliability gap.
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\69\ Id.
\70\ Id. at 26-27.
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We propose to approve the retirement of INT-007-1, Requirement R1.2 based on NERC's explanation that Requirement R1.2 is an outdated administrative task that provides little protection for Bulk-Power System reliability. The identification of entities engaging in arranged interchange transactions is now addressed through the NAESB Electric Industry Registry, and the registration for such transactions is now handled through the E-Tag system. The retirement of INT-007-1, Requirement R1.2 will not result in a gap in reliability.
Interconnection Reliability Operations and Coordination Reliability Standards
-
IRO-016-1, Requirement R2--Coordination of Real-Time Activities Between Reliability Coordinators:
R2. The Reliability Coordinator shall document (via operator logs or other data sources) its actions taken for either the event or for the disagreement on the problem(s) or for both.
-
NERC states that IRO-016 establishes requirements for coordinated real-time operations, including: (1) Notification of problems to neighboring reliability coordinators and (2) discussions and decisions for agreed-upon solutions for implementation. NERC explains that the reliability purpose of IRO-016-1 is to ensure that each reliability coordinator's operations are coordinated such that they will not have an adverse reliability impact on other reliability coordinator areas and to preserve the reliability benefits of interconnected operations. NERC asserts that ``Requirement R2 is an administrative task and the proposed retirement will not adversely impact reliability'' and, ``therefore, the reliability purpose of IRO-016-1 is unaffected by the proposed retirement of Requirement R2.'' \71\
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\71\ Id. at 28.
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In addition, NERC notes that NERC and the Regional Entities have the authority to require an entity to submit data and information for purposes of monitoring compliance under section 400 of the NERC Rules of Procedure. NERC asserts, therefore, that ``the retirement of IRO-016-1 Requirement R2 does not affect the ability for NERC and the Regional Entities to require Reliability Coordinators to produce documentation to demonstrate compliance with IRO-016-1 Requirement R1 and its sub-requirements.'' \72\ NERC concludes that ``retiring IRO-
016-1 Requirement R2 presents no gap to reliability or to the information NERC and the Regional Entities need to monitor compliance.'' \73\
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\72\ Id. at 28-29.
\73\ Id. at 29.
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-
We propose to approve the retirement of IRO-016-1, Requirement R2 based on NERC's assertion that Requirement R2 establishes an administrative task that provides little protection for Bulk-Power System reliability. Specifically, the retirement of IRO-016-1, Requirement R2 will not interfere with the substantive aspects of the Reliability Standard found in Requirement R1. We also note that Part D, Section 1.3 of the standard establishes for reliability coordinators a data retention obligation with respect to the substantive aspects of the standard. The retirement of Requirement R2 will not have an adverse effect on reliability, nor will retirement inhibit the ability of NERC or the Regional Entities to seek documentation to assess compliance with the reliability standard.
Nuclear Reliability Standards
-
NUC-001-2, Requirements R9.1, R9.1.1, R9.1.2, R9.1.3, and R1.9.4--Nuclear Plant Interface Coordination:
R9.1. Administrative elements:
R9.1.1. Definitions of key terms used in the agreement.
R9.1.2. Names of the responsible entities, organizational relationships, and responsibilities related to the NPIRs.
R9.1.3. A requirement to review the agreement(s) at least every three years.
R9.1.4. A dispute resolution mechanism.
-
NERC states that the reliability purpose of NUC-001-2 is to ensure the coordination between nuclear plant generator operators and transmission entities for nuclear plant safe operation and shutdown. NERC explains that Requirement 9.1 and its sub-requirements specify certain administrative elements that must be included in the agreement (required in Requirement R2) between the nuclear plant generator operator and the applicable transmission entities.\74\ NERC maintains that the reliability purpose of NUC-001-2 is unaffected by the proposed retirement of Requirements 9.1, 9.1.1, 9.1.2, 9.1.3 and 9.1.4.
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\74\ Id. at 30.
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-
NERC asserts that Requirement R9.1 and its sub-requirements are administrative tasks and the proposed retirement of these Requirements will not adversely impact reliability. NERC states further that ``requiring via a mandatory Reliability Standard the inclusion of boilerplate provisions is unnecessarily burdensome relative to the other significant requirements in NUC-001-2 that pertain to performance based reliability coordination and protocols between Transmission Entities and Nuclear Plant Generator Operators.'' \75\ NERC indicates that the information required by these requirements is likely in modern agreements anyway. NERC concludes that the retirement of NUC-001-2, Requirement R9.1 and its sub-requirements ``creates no reliability gap.'' \76\
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\75\ Id.
\76\ Id.
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-
We propose to approve the retirement of NUC-001-2, Requirements 9.1, 9.1.1, 9.1.2, 9.1.3 and 9.1.4 based on NERC's explanation that Requirement 9.1 and its sub-requirements reflect administrative elements currently required to be included in the nuclear plant interface requirements between a nuclear plant generator operator and applicable transmission entities. The administrative elements required under Requirement 9.1 and its sub-requirements do not relate to the substantive, technical requirements of NUC-001-2 (i.e., technical requirements and analysis, operations and maintenance coordination, and communications and training), and provide little protection for Bulk-
Power System reliability.
Page 38859
Protection and Control Reliability Standards
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PRC-010-0, Requirement R2--Assessment of the Design and Effectiveness of UVLS Programs:
R2. The Load-Serving Entity, Transmission Owner, Transmission Operator, and Distribution Provider that owns or operates a UVLS program shall provide documentation of its current UVLS program assessment to its Regional Reliability Organization and NERC on request (30 calendar days).
-
NERC explains that PRC-010-0 requires certain registered entities to periodically conduct and document an assessment of the effectiveness of their under voltage load shedding (UVLS) program at least every five years or as required by changes in system conditions. NERC states that the purpose of PRC-010-0 is to provide system preservation measures to prevent system voltage collapse or voltage instability by implementing an UVLS program. NERC asserts that it and the Regional Entities have the authority under section 400 of the NERC Rules of Procedure ``to require an entity to submit documentation of its current UVLS program assessment for purposes of monitoring compliance.'' \77\
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\77\ Id. at 32.
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-
NERC states further that the retirement of PRC-010-0, Requirement R2 does not affect the ability of NERC and the Regional Entities to require reliability coordinators to produce documentation to monitor compliance with PRC-010-0. Specifically, NERC explains that PRC-010-0, Requirement R1 requires entities to ``document an assessment of the effectiveness of its UVLS program.'' \78\ NERC concludes that the retirement of PRC-010-0, Requirement R2 ``presents no reliability gap.'' \79\
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\78\ Id.
\79\ Id.
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We propose to approve the retirement of PRC-010-0, Requirement R2 based on NERC's explanation that the administrative task imposed under Requirement R2 is redundant with NERC and the Regional Entity authority under section 400 of the NERC Rules of Procedure. Requirement R1 of PRC-010-0 sets forth the substantive requirements for applicable entities to periodically conduct and document an assessment of the effectiveness of its UVLS program. Requirement R2 dictates that an entity must provide documentation of its current assessment to NERC and/or the appropriate Regional Reliability Organization upon request. The retirement of PRC-010-0, Requirement R2 will not hamper the ability of NERC or the Regional Entities to compel the production of the assessments required under Requirement R1 since these entities may obtain this information pursuant to section 400 of the NERC Rules of Procedure.
-
PRC-022-1, Requirement R2--Under-Voltage Load Shedding Program Performance:
R2. Each Transmission Operator, Load-Serving Entity, and Distribution Provider that operates a UVLS program shall provide documentation of its analysis of UVLS program performance to its Regional Reliability Organization within 90 calendar days of a request.
-
NERC states that the purpose of Reliability Standard PRC-022-1 is to ensure that UVLS programs perform as intended to mitigate the risk of voltage collapse or voltage instability in the bulk electric system. NERC explains that PRC-022-1, Requirement R2 requires entities to provide documentation of its analysis of its UVLS program performance within 90 days of request. NERC maintains that the retirement of Requirement R2 ``does not affect the ability of NERC to require Reliability Coordinators to produce documentation to monitor compliance with PRC-022-1 Requirement R1 and its sub-requirements.'' \80\
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\80\ Id. at 33.
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-
Specifically, NERC explains that PRC-022-1, Requirement R1 requires that the entity document the performance of its UVLS program. NERC avers that the retirement of PRC-022-1, Requirement R2 ``is consistent with reliability principles and will not result in a gap in reliability as NERC has the ability to request the information documented under PRC-022-1, Requirement R2 pursuant to Section 400 of the NERC Rules of Procedure.'' \81\ NERC concludes that ``the ERO compliance program efficiency will increase since it will no longer need to track a static requirement of whether a UVLS program assessment was submitted within 90 days of a request by NERC or the Regional Entity, and instead, compliance monitoring may focus on the more substantive requirements of PRC-022-1.'' \82\
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\81\ Id.
\82\ Id.
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We propose to approve the retirement of PRC-022-1, Requirement R2 based on NERC's explanation that the administrative task imposed under Requirement R2 is redundant with NERC's and the Regional Entities' authority under section 400 of the NERC Rules of Procedure. Requirement R1 of PRC-022-1 sets forth the substantive requirements for each applicable entity to document its analysis of the performance of its UVLS program. The retirement of PRC-022-1, Requirement R2 will not hamper the ability of NERC or the Regional Entities to compel the production of the analysis required under Requirement R1 since they may obtain this information pursuant to section 400 of the NERC Rules of Procedure.
Voltage and Reactive Reliability Standards
-
VAR-001-2, Requirement R5--Voltage and Reactive Control:
R5. Each Purchasing-Selling Entity and Load Serving Entity shall arrange for (self-provide or purchase) reactive resources--which may include, but is not limited to, reactive generation scheduling; transmission line and reactive resource switching; and controllable load--to satisfy its reactive requirements identified by its Transmission Service Provider.
-
NERC states that the retirement of VAR-001-2, Requirement R5 is consistent with reliability principles since the requirement is redundant with the Commission's pro forma open access transmission tariff (OATT) and the reliability objective is achieved via VAR-001-2, Requirement R2. NERC notes that Requirement R5 provides for transmission customers to self-provide or purchase reactive resources as required under Schedule 2 of the OATT. NERC states that a review of Requirement R5 and Schedule 2 ``indicates that the reliability objective of ensuring that purchasing-selling entities as well as load serving entities either acquire or self provide reactive power resources associated with transmission service requests is accomplished via Schedule 2.'' \83\ NERC also explains that ``in the Electric Reliability Council of Texas (ERCOT) region, where there is no FERC approved OATT, reactive power is handled via Section 3.15 of the ERCOT Nodal Protocols that describes how ERCOT establishes a Voltage Profile for the grid, and then in detail explains the responsibilities of the Generators, Distribution Providers and Texas Transmission Service Providers (not to be confused with a NERC TSP), to meet the Voltage Profile and ensure that those entities have sufficient reactive support to do so.'' \84\ NERC maintains that there is no need to reiterate the obligation to arrange for reactive resources in VAR-001-2, Requirement R5.
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\83\ Id. at 36.
\84\ Id. at 37.
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Page 38860
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In addition, NERC states that the reliability objective of VAR-
001-2 is also addressed by VAR-001-2, Requirement R2.\85\ NERC asserts that ``the Transmission Operator's adherence to Requirement R2 is a double-check for the obligations under Schedule 2 to ensure there are sufficient reactive power resources to protect the voltage levels under normal and Contingency conditions.'' \86\ NERC adds that the ``double check'' under Requirement R2 ``does not relieve purchasing-selling entities and load serving entities from their obligations under Schedule 2 of the open access transmission tariff or Interchange agreements.'' \87\
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\85\ Reliability Standard VAR-001-2, Requirement R2 provides, inter alia, ``Each Transmission Operator shall acquire sufficient reactive resources . . . within its area to protect the voltage levels under normal and Contingency conditions.''
\86\ Petition at 36-37.
\87\ Id. at 37.
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-
We propose to approve the retirement of VAR-001-2, Requirement R5 based on NERC's assertion that Requirement R5 is redundant with provisions of the pro forma OATT. Specifically, Schedule 2 of the open access transmission tariff requires transmission providers to provide reactive power resources, either directly or indirectly, and requires transmission customers to either purchase or self-supply reactive power resources.\88\ A similar requirement is found in the ERCOT Nodal Protocols that established the voltage profile for the grid within the ERCOT region.\89\ In addition, VAR-001-2, Requirement R2 requires transmission operators to acquire sufficient reactive resources to protect voltage levels under normal and contingency conditions. Thus, the retirement of VAR-001-2, Requirement R5 will not result in a reliability gap.
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\88\ See, Preventing Undue Discrimination and Preference in Transmission Service, Order No. 890-B, 123 FERC 61,299 (2008), Pro Forma OATT Schedule 2 (Reactive Supply and Voltage Control from Generation or Other Sources Service).
\89\ See ERCOT Nodal Protocols, Section 3.15 (Voltage Support).
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-
We seek comment on our proposal to approve the retirement of the 34 requirements discussed above.
-
Outstanding Directives
-
-
Since the issuance of Order No. 693, the Commission has issued a number of directives that require NERC to take certain actions. In an effort to make better use of NERC's and the Commission's resources, the Commission has identified 41 of the outstanding directives that the Commission believes are no longer necessary to assure the reliable operation of the Bulk-Power System. As a result, we propose to withdraw the 41 outstanding directives. Attachment A to this NOPR identifies each directive and provides an explanation why we are proposing to withdraw the directive.\90\
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\90\ Each directive identified in Attachment A includes a ``NERC Reference Number.'' Commission staff and NERC staff have developed a common approach to identifying and tracking outstanding Commission directives. The NERC Reference Numbers reflect this joint tracking process.
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-
We used the following three criteria in identifying the 41 outstanding directives for withdrawal: (1) The reliability concern underlying the outstanding directive has been addressed in some manner, rendering the directive stale; (2) the outstanding directive provides general guidance for standards development rather than a specific directive; and (3) the outstanding directive is redundant with another directive. Each of the 41 outstanding directives identified in Attachment A satisfies one or more of these criteria.
-
Therefore, we propose to withdraw the 41 directives listed in Attachment A in the interest of enhancing the efficiency of the ERO standards development process and reducing unnecessary burdens. We seek comment on our proposal to withdraw the listed directives. In particular, we seek comment on whether withdrawing the 41 directives could have a detrimental effect on the reliability of the bulk electric system.
-
Information Collection Statement
-
-
The information collection requirements contained in this Proposed Rule are subject to review by the Office of Management and Budget (OMB) under section 3507(d) of the Paperwork Reduction Act of 1995.\91\ OMB's regulations require approval of certain information collection requirements imposed by agency rules.\92\ Upon approval of a collection of information, OMB will assign an OMB control number and expiration date. Respondents subject to the filing requirements of this rule will not be penalized for failing to respond to these collections of information unless the collections of information display a valid OMB control number. The Commission solicits comments on the Commission's need for this information, whether the information will have practical utility, the accuracy of the burden estimates, ways to enhance the quality, utility, and clarity of the information to be collected or retained, and any suggested methods for minimizing respondents' burden, including the use of automated information techniques.
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\91\ 44 U.S.C. 3507(d) (2006).
\92\ 5 CFR 1320.11 (2012).
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The Commission based its paperwork burden estimates on the NERC compliance registry as of April 30, 2013.\93\ According to the registry, there are 132 balancing authorities, 544 distribution providers, 898 generator owners, 859 generator operators, 56 interchange authorities, 515 load serving entities, 80 planning authorities/planning coordinators, 677 purchasing selling entities, 21 reliability coordinators, 346 transmission owners, 185 transmission operators, 185 transmission planners, and 93 transmission service providers.
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\93\ The estimates for the retired CIP requirements are based on February 28, 2013 registry data in order to provide consistency with burden estimates provided in the Commission's recent CIP version 5 Notice of Proposed Rulemaking in Docket No. RM13-5-000.
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The Commission estimates that the burden will be reduced for each requirement as dictated in the chart below, for a total estimated reduction in burden of $535,500. The Commission based the burden reduction estimates on staff experience, knowledge, and expertise.
Page 38861
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Average
reduction in Estimated Estimated
Standard, requirement number, Type of Number of burden hours total annual total annual
and FERC collection number respondents respondents estimate per reduction in reduction in
\94\ A respondent per burden (in cost A x B x
year B hours) A x B $60/hour \95\
----------------------------------------------------------------------------------------------------------------
EOP-005-2, R3.1 (FERC-725A)... TOP............. 185 1 185 11,100
FAC-008-3, R4 (FERC-725A)..... TO, GO.......... 1,151 1 1,151 69,060
FAC-008-3, R5 (FERC-725A)..... TO, GO.......... 1,151 1 1,151 69,060
FAC-010-2.1, R5 (FERC-725D)... PA.............. 80 20 1,600 96,000
FAC-011-2, R5 (FERC-725D)..... RC.............. 21 20 420 25,200
FAC-013-2, R3 (FERC-725A)..... PC.............. 80 8 1,600 96,000
INT-007-1, R1.2 (FERC-725A)... IA.............. 56 20 448 26,880
IRO-016-1, R2 (FERC-725A)..... RC.............. 21 20 420 25,200
CIP-003-3, -4, R1.2 (FERC- RC, BA, IA, TSP, 325 1 325 19,500
725B). TO, TOP, GO,
GOP, LSE,.
CIP-003-3, -4, R3, R3.1, R3.2, RC, BA, IA, TSP, 325 1 325 19,500
R3.3 (FERC-725B). TO, TOP, GO,
GOP, LSE,.
CIP-005-3, -4, R2.6 (FERC- RC, BA, IA, TSP, 325 4 1300 78,000
725B). TO, TOP, GO,
GOP, LSE,.
Total..................... ................ .............. .............. 8,925 535,500
----------------------------------------------------------------------------------------------------------------
-
The above chart does not include BAL-005-0.2b, Requirement R2; CIP-003-3, -4, Requirement R4.2, CIP-007-3, -4, Requirement R7.3, FAC-
002-1, Requirement R2; PRC-010-0, Requirement R2; PRC-022-1, Requirement R2; and VAR-001-2, Requirement R5 because those requirements were found redundant with other requirements.\96\ Since the action required within them is required elsewhere there is no change in the overall burden in retiring these requirements. Likewise, NUC-001-2, Requirement R9.1; NUC-001-2, Requirement R9.1.1; NUC-001-2, Requirement R9.1.2; NUC-001-2, Requirement R9.1.3; and NUC-001-2, Requirement R9.1.4 are not included because these requirements require that the applicable entities put boiler plate language into their agreements that is normally included in all legal contracts.\97\ Since this action will be taken regardless if it is required by a NERC Reliability, there is no reduction in burden.
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\94\ This number was calculated by adding all the applicable entities while removing double counting caused by entities registered under multiple functions.
\95\ The estimated hourly loaded cost (salary plus benefits) for an engineer is assumed to be $60/hour, based on salaries as reported by the Bureau of Labor Statistics (BLS) (http://bls.gov/oes/current/naics2_22.htm). Loaded costs are BLS rates divided by 0.703 and rounded to the nearest dollar (http://www.bls.gov/news.release/ecec.nr0.htm).
\96\ The reporting requirements in these standards are part of the FERC-725A information collection.
\97\ The reporting requirements in this standard are part of the FERC-725F information collection.
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Titles: FERC-725A, Mandatory Reliability Standards for the Bulk Power System; FERC-725B, Mandatory Reliability Standards for Critical Infrastructure Protection; FERC-725D, Facilities, Design, Connections, and Maintenance Reliability Standards; and FERC-725F, Mandatory Reliability Standards for Nuclear Plant Interface Coordination.
Action: Proposed Collection of Information.
OMB Control Nos: 1902-0244, 1902-0248, 1902-0247, and 1902-0249.
Respondents: Business or other for profit, and not for profit institutions.
Frequency of Responses: On occasion.
-
Necessity of the Information: This proceeding proposes to approve the retirement of the 34 requirements within 19 Reliability Standards identified by NERC. The proposed retirements either: (1) Provide little protection for Bulk-Power System reliability or (2) are redundant with other aspects of the Reliability Standards. In addition, we propose to withdraw the 47 currently outstanding directives listed in Attachment A in the interest of enhancing the efficiency of the ERO standard development and compliance programs, as well as the efficiency of individual registered entity compliance programs.
-
Internal review: The Commission has reviewed NERC's proposal and made a determination that its action is necessary to implement section 215 of the FPA. The Commission has assured itself, by means of its internal review, that there is specific, objective support for the burden reduction estimates associated with the retired information requirements.
-
Interested persons may obtain information on the reporting requirements by contacting the Federal Energy Regulatory Commission, Office of the Executive Director, 888 First Street NE., Washington, DC 20426 Attention: Ellen Brown, email: DataClearance@ferc.gov, phone: (202) 502-8663, fax: (202) 273-0873.
-
Comments concerning the information collections proposed in this NOPR and the associated burden estimates, should be sent to the Commission in this docket and may also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs Attention: Desk Officer for the Federal Energy Regulatory Commission. For security reasons, comments should be sent by email to OMB at the following email address: oira_submission@omb.eop.gov. Please reference one of the OMB Control Numbers and the docket number of this Notice of Proposed Rulemaking (Docket No. RM13-8-000) in your submission.
-
Regulatory Flexibility Act Certification
-
-
The Regulatory Flexibility Act of 1980 (RFA) \98\ generally requires a description and analysis of proposed rules that will have significant economic impact on a substantial number of small entities. The RFA mandates consideration of regulatory alternatives that accomplish the stated objectives of a proposed rule and that minimize any significant economic impact on a substantial number of small entities. The Small Business Administration's Office of Size Standards develops the numerical definition of a small business.\99\ The Small Business Administration has established a size standard for electric utilities, stating that a firm is small if, including its affiliates, it is primarily engaged in the transmission, generation and/or distribution of electric energy for
Page 38862
sale and its total electric output for the preceding twelve months did not exceed four million megawatt hours (MWh).\100\
---------------------------------------------------------------------------
\98\ 5 U.S.C. 601-612 (2006).
\99\ 13 CFR 121.101 (2012).
\100\ 13 CFR 121.201, Sector 22, Utilities & n.1.
---------------------------------------------------------------------------
-
The Commission seeks comment on the estimated impact of the proposed reduction of requirements on small business entities. The Commission estimates the total reduction in burden for all small entities to be $36,060. The Commission estimates that small planning authorities/planning coordinators will see a reduction of $2,400 per entity per year, greater than for other affected small entities types.\101\ The Commission does not consider $2,400 per year to be a significant economic impact. The Commission believes that, in addition to the estimated economic impact, the proposed retirement of the 34 requirements of mandatory Reliability Standards will provide small entities with relief from having to track compliance with these provisions and preparing to show compliance in response to a potential compliance audit by a Regional Entity or other regulator.
---------------------------------------------------------------------------
\101\ The burden reduction for planning authorities/planning coordinators is based on the retirement of FAC-010-2.2, Requirement R5 and FAC-013-2, Requirement R3. Based on the NERC Compliance Registry and Energy Information Administration Form EIA-861 data, the Commission estimates that 5 out of the 80 planning authorities/
planning coordinators meet the definition of a small entity.
---------------------------------------------------------------------------
-
Based on the above, the Commission certifies that the proposed Reliability Standards will not have a significant impact on a substantial number of small entities. Accordingly, no initial regulatory flexibility analysis is required.
-
Environmental Analysis
-
-
The Commission is required to prepare an Environmental Assessment or an Environmental Impact Statement for any action that may have a significant adverse effect on the human environment.\102\ The Commission has categorically excluded certain actions from this requirement as not having a significant effect on the human environment. Included in the exclusion are rules that are clarifying, corrective, or procedural or that do not substantially change the effect of the regulations being amended.\103\ The actions proposed here fall within this categorical exclusion in the Commission's regulations.
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\102\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986-1990 30,783 (1987).
\103\ 18 CFR 380.4(a)(2)(ii) (2012).
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-
Comment Procedures
-
-
The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due August 27, 2013. Comments must refer to Docket No. RM13-8-000, and must include the commenter's name, the organization they represent, if applicable, and their address in their comments.
-
The Commission encourages comments to be filed electronically via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Commenters filing electronically do not need to make a paper filing.
-
Commenters that are not able to file comments electronically must send an original of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.
-
All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this proposal are not required to serve copies of their comments on other commenters.
-
Document Availability
-
-
In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through the Commission's Home Page (http://www.ferc.gov) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426.
-
From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.
-
User assistance is available for eLibrary and the Commission's Web site during normal business hours from the Commission's Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at public.referenceroom@ferc.gov.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
Note: Attachment A will not appear in the Code of Federal Regulations.
Attachment A
----------------------------------------------------------------------------------------------------------------
Standard Order No. Para Directive Justification
----------------------------------------------------------------------------------------------------------------
Group A--The reliability concern underlying the outstanding directive has been addressed in some manner,
rendering the directive stale
----------------------------------------------------------------------------------------------------------------
-
BAL-006........... 693 P 428............ ``Add measures NERC replaced levels
concerning the of non-compliance
accumulation of large with violation
inadvertent severity levels
interchange balances (VSLs). NERC has
and levels of non- designated VSLs for
compliance.'' (NERC BAL-006.
Reference No. 10036).
-
EOP-001........... 693 P 565............ ``The Commission The VSLs listed in EOP-
agrees with ISO-NE 001-2.1b and the
that the Reliability Reliability Standard
Standard should be Audit Worksheet for
clarified to indicate EOP-001 require
that the actual evidence of this
emergency plan consideration.
elements, and not the
``for consideration''
elements of
Attachment 1, should
be the basis for
compliance. However,
all of the elements
should be considered
when the emergency
plan is put
together.'' (NERC
Reference No. 10065).
Page 38863
-
INT-004........... 693 P 843............ ``Consider adding NERC replaced levels
levels of non- of non-compliance
compliance to the with VSLs. VSLs for
standard.'' (NERC INT-004 have been
Reference No. 10134). developed and
approved by the
Commission.
-
INT-005........... 693 P 848............ ``Consider adding NERC replaced levels
levels of non- of non-compliance
compliance to the with VSLs. VSLs for
standard.'' (NERC INT-005 have been
Reference No. 10135). developed and
approved by the
Commission.
-
MOD-010 through 693 P 1147........... ``Direct the ERO to The concern underlying
MOD-025. use its authority the directive has
pursuant to Sec. been addressed
39.2(d) of our through section 1600
regulations to (Requests for Data or
require users, owners Information) of
and operators to NERC's Rules of
provide to the Procedure. The
Regional Entity the Commission approved
information related Section 1600 of
to data gathering, NERC's Rules on
data maintenance, February 21, 2008.
reliability
assessments and other
process-type
functions.'' (NERC
Reference No. 10266).
-
MOD-010........... 693 P 1152........... ``Address critical This directive is no
energy infrastructure longer necessary in
confidentiality light of section 1500
issues as part of the (Confidential
standard development Information) of
process.'' (NERC NERC's Rules of
Reference No. 10268). Procedure addressing
treatment of
confidential
information.
-
MOD-010........... 693 P 1163........... ``Direct the ERO to The concern underlying
develop a Work Plan the directive has
that will facilitate been addressed
ongoing collection of through NERC's
the steady-state Reliability Standards
modeling and Development Plan:
simulation data 2013-2015. This plan
specified in MOD-011- was provided to the
-
'' (NERC Reference Commission in an
No. 10270). informational filing
on December 31, 2012.
It contains an action
plan to merge,
upgrade, and expand
existing requirements
in the modeling data
(MOD-010 through MOD-
015) and demand data
(MOD-016 through MOD-
021) Reliability
Standards.
-
PRC-017........... 693 P 1546........... ``Require Requirement R2 of PRC-
documentation 017 already requires
identified in affected entities to
Requirement R2 be provide documentation
routinely provided to of the special
NERC or the regional protection system
entity that includes program and its
a requirement that implementation to the
documentation appropriate Regional
identified in Reliability
Requirement R2 shall Organization and NERC
be routinely provided within 30 calendar
to the ERO.'' (NERC days of a request. If
Reference No. 10363). either the Regional
Entity or NERC
determine that they
need and will use the
information on a
regular schedule,
they have the
authority to
establish a schedule
under the current
requirement.
-
Glossary.......... 693 P 1895........... ``Modification to the The concern underlying
glossary that the directive has
enhances the been addressed
definition of through the NERC
``generator registration process.
operator'' to reflect See Order No. 693 at
concerns of the P 145.
commenters ``to
include aspects
unique to ISOs, RTOs
and pooled resource
organizations''.''
(NERC Reference No.
10005).
-
Glossary.......... 693 P 1895........... ``Modification to the The concern underlying
glossary that the directive has
enhances the been addressed
definition of through the NERC
``transmission registration process.
operator'' to reflect See Order No. 693 at
concerns of the P 145.
commenters ``to
include aspects
unique to ISOs, RTOs
and pooled resource
organizations''.''
(NERC Reference No.
10006).
----------------------------------------------------------------------------------------------------------------
Group B--The outstanding directive provides general guidance for standards development rather than a specific
directive
----------------------------------------------------------------------------------------------------------------
-
BAL-005........... 693 P 406............ ``The Commission This paragraph is not
understands that it a directive to change
may be technically or modify a standard.
possible for DSM to
meet equivalent
requirements as
conventional
generators and
expects the
Reliability Standards
development process
to provide the
qualifications they
must meet to
participate.'' (NERC
Reference No. 10033).
Page 38864
-
BAL-006........... 693 P 438............ ``Examine the WECC This paragraph is not
time error correction a directive to change
procedure as a or modify a standard.
possible guide the
Commission asks the
ERO, when filing the
new Reliability
Standard, to explain
how the new
Reliability Standard
satisfies the
Commission's
concerns.'' (NERC
Reference No. 10037).
-
COM-001........... 693 P 507............ ``Although we direct This paragraph is not
that the regional a directive to change
reliability or modify a standard.
organization should
not be the compliance
monitor for NERCNet,
we leave it to the
ERO to determine
whether it is the
appropriate
compliance monitor or
if compliance should
be monitored by the
Regional Entities for
NERCNet User
Organizations.''
(NERC Reference No.
10051).
-
MOD-001........... 729 P 20............. ``We encourage the ERO This paragraph is not
to consider Midwest a directive to change
ISO's and Entegra's or modify a standard.
comments when
developing other
modifications to the
MOD Reliability
Standards pursuant to
the EROs Reliability
Standards development
procedure.'' See
also P 198-199 (NERC
Reference No. 10216).
-
MOD -001, -004, - 729 P 160............ ``In developing the This paragraph is not
008, -028, -029, - modifications to the a directive to change
-
MOD Reliability or modify a standard.
Standards directed in
this Final Rule, the
ERO should consider
generator nameplate
ratings and
transmission line
ratings including the
comments raised by
Entegra and ISO/RTO
Council.'' Also see
P 154 (NERC
Reference No. 10207).
-
MOD-001........... 729 P 179............ ``The Commission This paragraph is not
directs the ERO to a directive to change
consider Entegra's or modify a standard.
request regarding
more frequent updates
for constrained
facilities through
its Reliability
Standards development
process.'' (see Order
No. 729 at P 177 for
Entegra's comments).
(NERC Reference No.
10211).
-
MOD-028........... 729 P 231............ ``The Commission This paragraph
directs the ERO to clarifies the
develop a Commission's
modification sub- understanding of the
requirement R2.2 phrase ``adjacent and
pursuant to its beyond Reliability
Reliability Standards Coordination area.''
development process Since the
to clarify the phrase Commission's
`adjacent and beyond understanding of the
Reliability language is clearly
Coordination areas.' expressed, and the
'' (NERC Reference matter has little
No. 10219). impact on
reliability, there is
no reason to go
forward with the
directive.
-
MOD-028........... 729 P 234............ ``The Commission This paragraph is not
agrees that a a directive to change
graduated time frame or modify a standard.
for reposting could
be reasonable in some
situations.
Accordingly, the ERO
should consider this
suggestion when
making future
modifications to the
Reliability
Standards.'' (NERC
Reference No. 10220).
-
MOD-029........... 729 P 246............ ``The ERO should This paragraph is not
consider Puget a directive to change
Sound's concerns on or modify a standard.
this issue when
making future
modifications to the
Reliability
Standards.'' See
also P 245 (NERC
Reference No. 10222).
-
MOD-030........... 729 P 269............ ``The Commission also This paragraph is not
directs the ERO to a directive to change
make explicit such or modify a standard.
effective date
detail in any future
version of this or
any other Reliability
Standard.'' (NERC
Reference No. 10223).
Page 38865
-
MOD-024........... 693 P 1310........... ``Similarly, we This paragraph is not
respond to a directive to change
Constellation that or modify a standard.
any modification of
the Levels of Non-
Compliance in this
Reliability Standard
should be reviewed in
the ERO Reliability
Standards development
process.'' (NERC
Reference No. 10318).
-
PER-002........... 693 P 1375........... ``Training programs This paragraph is not
for operations a directive to change
planning and or modify a standard.
operations support
staff must be
tailored to the needs
of the function, the
tasks performed and
personnel involved.''
(NERC Reference No.
10329).
-
VAR-001........... 693 P 1863........... ``The Commission This paragraph is not
expects that the a directive to change
appropriate power or modify a standard.
factor range
developed for the
interface between the
bulk electric system
and the load-serving
entity from VAR-001-1
would be used as an
input to the
transmission and
operations planning
Reliability
Standards.'' (NERC
Reference No. 10441).
-
VAR-001........... 693 P 1869........... ``We recognize that This paragraph is not
our proposed a directive to change
modification does not or modify a standard.
identify what
definitive
requirements the
Reliability Standard
should use for
established limits
and sufficient
reactive resources.''
(NERC Reference No.
10434).
-
TPL and FAC series 705 P 49............. ``Direct that any This paragraph
revised TPL provides guidance on
Reliability Standards an ongoing
must reflect implementation issue
consistency in the and is not a
lists of directive to change
contingencies.'' or modify a standard.
(NERC Reference No.
10601).
----------------------------------------------------------------------------------------------------------------
Group C--The outstanding directive is redundant with another directive
----------------------------------------------------------------------------------------------------------------
-
MOD-012........... 693 P 1177........... ``Direct the ERO to This directive is
use its authority redundant with the
pursuant to Sec. directive in
39.2(d) of our paragraph 1147, which
regulations to has already been
require users, addressed and is
owners, and operators reflected in section
to provide to the A above.
Regional Entities the
information related
to data gathering,
data maintenance,
reliability
assessments and other
process type
functions.'' (NERC
Reference No. 10275).
-
MOD-012........... 693 P 1177........... ``Develop a Work Plan This directive is
and submit a redundant with the
compliance filing directive in
that will facilitate paragraph 1163, which
ongoing collection of has already been
the dynamics system addressed and is
modeling and reflected in section
simulation data.'' A above.
(NERC Reference No.
10279).
-
MOD-012........... 693 P 1181........... ``Direct the ERO to This directive is
address redundant with the
confidentiality directive in
issues and modify the paragraph 1152, which
standard as necessary has already been
through its addressed and is
Reliability Standards reflected in section
development A above.
process.'' (NERC
Reference No. 10277).
-
MOD-013........... 693 P 1200........... ``Direct the ERO to This directive is
develop a Work Plan redundant with the
that will facilitate directive in
ongoing collection of paragraph 1163, which
the dynamics system has already been
modeling and addressed and is
simulation data reflected in section
specified in MOD-013- A above.
1, and submit a
compliance filing
containing this Work
Plan to the
Commission.'' (NERC
Reference No. 10283).
-
MOD-014........... 693 P 1212........... ``Direct the ERO to This directive is
use its authority redundant with the
pursuant to Sec. directive in
39.2(d) of our paragraph 1147, which
regulations to has already been
require users, owners addressed and is
and operators to reflected in section
provide the validated A above.
models to regional
reliability
organizations.''
(NERC Reference No.
10288).
Page 38866
-
MOD-014........... 693 P 1212........... ``Direct the ERO to This directive is
develop a Work Plan redundant with the
that will facilitate directive in
ongoing validation of paragraph 1163, which
steady-state models has already been
and submit a addressed and is
compliance filing reflected in section
containing the Work A above.
Plan with the
Commission.'' (NERC
Reference No. 10289).
-
MOD-015........... 693 P 1221........... ``Direct the ERO to This directive is
use its authority redundant with the
pursuant to Sec. directive in
39.2(d) of our paragraph 1147, which
regulations to has already been
require users, owners addressed and is
and operators to reflected in section
provide to the A above.
Regional Entity the
validated dynamics
system models while
MOD-015-0 is being
modified.'' (NERC
Reference No. 10291).
-
MOD-015........... 693 P 1221........... ``Require the ERO to This directive is
develop a Work Plan redundant with the
that will enable directive in
continual validation paragraph 1163, which
of dynamics system has already been
models and submit a addressed and is
compliance filing reflected in section
with the A above.
Commission.'' (NERC
Reference No. 10292).
-
MOD-017........... 693 P 1247........... ``Provide a Work Plan This directive is
and compliance filing redundant with the
regarding the directive in
collection of paragraph 1163, which
information specified has already been
under standards that addressed and is
are deferred, in this reflected in section
instance, data on the A above.
accuracy, error and
bias of the
forecast.'' (NERC
Reference No.10299).
-
MOD-018........... 693 P 1264........... ``Require the ERO to This directive is
provide a Work Plan redundant with the
and compliance filing directive in
regarding collection paragraph 1163, which
of information has already been
specified under addressed and is
standards that are reflected in section
deferred, and believe A above.
there should be no
difficulties
complying with this
Reliability
Standard.'' (NERC
Reference No. 10303).
-
MOD-019........... 693 P 1275........... ``Direct the ERO to This directive is
use its authority redundant with the
pursuant to Sec. directive in
39.2(d) of our paragraph 1147, which
regulations to has already been
require users, owners addressed and is
and operators to reflected in section
provide to the A above.
Regional Entity
information related
to forecasts of
interruptible demands
and direct control
load management.''
(NERC Reference No.
10305).
-
MOD-021........... 693 1297............. ``Direct the ERO to This directive is
provide a Work Plan redundant with the
and compliance filing directive in
regarding collection paragraph 1163, which
of information has already been
specified under addressed and is
related standards reflected in section
that are deferred, A above.
and believe there
should be no
difficulty complying
with this Reliability
Standard.'' (NERC
Reference No. 10309).
-
MOD-021........... 693 P 1297........... ``Direct the ERO to This directive is
use its authority redundant with the
pursuant to Sec. directive in
39.2(d) of our paragraph 1147, which
regulations to has already been
require users, owners addressed and is
and operators to reflected in section
provide to the A above.
Regional Entity the
information required
by this Reliability
Standard.'' (NERC
Reference No. 10313).
-
MOD-024........... 693 P 1308........... ``In order to continue This directive is
verifying and redundant with the
reporting gross and directive in
net real power paragraph 1147, which
generating capability has already been
needed for addressed and is
reliability reflected in section
assessment and future A above.
plans, we direct the
ERO to develop a Work
Plan and submit a
compliance filing.''
(NERC Reference No.
10317).
-
MOD-024........... 693 P 1312........... ``Direct the ERO to This directive is
use its authority redundant with the
pursuant to Sec. directive in
39.2(d) of our paragraph 1147, which
regulations to has already been
require users, owners addressed and is
and operators to reflected in section
provide this A above.
information.'' (NERC
Reference No. 10314).
Page 38867
-
MOD-025........... 693 P 1320........... ``In order to continue This directive is
verifying and redundant with the
reporting gross and directive in
net reactive power paragraph 1147, which
generating capability has already been
needed for addressed and is
reliability reflected in section
assessment and future A above.
plans, we direct the
ERO to develop a Work
Plan as defined in
the Common Issues
section.'' (NERC
Reference No. 10321).
----------------------------------------------------------------------------------------------------------------
FR Doc. 2013-15433 Filed 6-27-13; 8:45 am
BILLING CODE 6717-01-P