[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Proposed Rules]
[Pages 7518-7523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01614]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 39
[Docket No. RM21-12-000]
Revisions to Regulations on Electric Reliability Organization
Performance Assessments
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to amend the Commission's regulations to require the Commission-
certified Electric Reliability Organization to submit assessments of
its performance every three years instead of the current period of
every five years. The Commission also proposes to add to the
Commission's regulations a requirement for the Electric Reliability
Organization to include in its performance assessment a detailed
discussion of any areas of the Electric Reliability Organization's
responsibilities and activities, or a Regional Entity's delegated
functions, beyond those required by the Commission's regulations, that
the Commission has identified at least 90 days prior to the expected
performance assessment submission date. Finally, the Commission
proposes formalizing the method for the Electric Reliability
Organization and Regional Entities to receive and respond to
recommendations by the users, owners, and operators of the Bulk-Power
System, and other interested parties for improvement of the Electric
Reliability Organization's operations, activities, oversight and
procedures.
DATES: Comments are due March 1, 2021.
ADDRESSES: Comments, identified by docket number, may be filed
electronically at http://www.ferc.gov in acceptable native applications
and print-to-PDF, but not in scanned or picture format. For those
unable to file electronically, comments may be filed by mail to:
Federal Energy Regulatory Commission, Secretary of the Commission, 888
First Street NE, Washington, DC 20426. Hand-delivered comments must be
delivered to: Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The Comment Procedures Section of
this document contains more detailed filing procedures.
FOR FURTHER INFORMATION CONTACT: Leigh Anne Faugust (Legal
Information), Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202)
502-6396.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the
Commission proposes to amend Sec. 39.3(c) of the Commission's
regulations to require the Commission-certified Electric Reliability
Organization (ERO) to submit assessments of its performance every three
years instead of the current period of every five years.\2\ We believe
that the proposed amendment will provide better continuity in our
review of the ERO's operations, activities, oversight, procedures, and
evaluation of the effectiveness of each Regional Entity in the
performance of delegated functions. We also believe the proposed
shorter performance assessment cycle will provide an opportunity to
identify potential improvements with regards to ERO performance in a
more timely fashion, allow for changes to be made in a more timely
manner, and improve the efficiency of the overall performance
assessment process.
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\1\ 16 U.S.C. 824o.
\2\ 18 CFR 39.3(c).
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2. Also, pursuant to section 215 of the FPA, we propose to add
paragraph (iv) to Sec. 39.3(c)(1) of the Commission's regulations to
require the Commission-certified ERO to include in its performance
assessments a detailed discussion of any areas of the ERO's
responsibilities and activities, or the Regional Entities' delegated
functions, beyond those required by Sec. 39.3(c)(1)(i), (ii), and
(iii), that the Commission identifies for inclusion at least 90 days
prior to the expected performance assessment submission date.
3. Finally, we propose to amend Sec. 39.3(c)(1)(ii) of the
Commission's regulations to require the ERO to solicit via a formal
public comment period recommendations by the users, owners, and
operators of the Bulk-Power System, and other interested parties for
improvement of the ERO's operations, activities, oversight and
procedures.
I. Background
A. Section 215 of the FPA
4. Section 215 of the FPA requires the Commission to issue
regulations that, among other things, provide for the certification of
an entity as the ERO if it meets certain criteria.\3\ Specifically, FPA
section 215(c) establishes that an ERO candidate must have the ability
to develop and enforce mandatory Reliability Standards that provide for
an adequate level of reliability of the Bulk-Power System.\4\ The
statute also requires that an ERO candidate have established rules
that: (1) Assure independence, while assuring fair stakeholder
representation and balanced decision-making; (2) equitably allocate
reasonable dues, fees, and other charges; (3) provide fair and
impartial procedures for enforcing Reliability Standards through
imposition of penalties; (4) provide reasonable notice and opportunity
for public comment, due process, and balance in developing Reliability
Standards and otherwise exercising its duties; and (5) provide
appropriate steps to gain recognition in Canada and Mexico.
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\3\ 16 U.S.C. 824o; (on July 20, 2006, the Commission certified
NERC as the ERO for the continental United States under FPA section
215(c)). North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006),
order on compliance, 118 FERC ] 61,030, order on compliance, 118
FERC ] 61,190, order on reh'g, 119 FERC ] 61,046 (2007), aff'd sub
nom. Alcoa Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
\4\ Id. section 824o(c).
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5. FPA section 215(e)(4) provides that the ERO may delegate
authority to a Regional Entity for the purpose of proposing regional
Reliability Standards and enforcing Reliability Standards. Regional
Entities must meet the same statutory criteria as those required for
Commission certification of an ERO, except that more flexibility is
allowed in the composition of a Regional Entity board of directors. The
Commission must approve a delegation agreement between the ERO and a
Regional Entity, and the Commission is authorized to modify such
delegation.
B. Order No. 672
6. On February 3, 2006, the Commission issued Order No. 672, which
amended the Commission's regulations to implement the requirements of
FPA section 215.\5\ In Order No. 672, the Commission
[[Page 7519]]
interpreted section 215 of the FPA to require the ERO to comply with
the certification criteria in section 215(c) of the FPA on a continuous
basis.\6\ Further, the Commission mandated that the ERO submit periodic
assessments of its performance that ``affirmatively demonstrate to the
Commission that [the ERO] satisfies the statutory and regulatory
criteria for an ERO and is not only maintaining but improving the
quality of its activities and those of the Regional Entities to which
it has delegated such activities.'' \7\
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\5\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, 71 FR
8662 (Feb. 17, 2006), 114 FERC ] 61,104, at P 186, order on reh'g,
Order No. 672-A, 114 FERC ] 61,328 (2006).
\6\ Id. PP 183, 187.
\7\ Id. P 186.
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7. In Order No. 672, the Commission also said that the performance
assessments should employ regular and systematic measurement and
reporting of the ERO's performance. The specific requirements for the
performance assessments are set out in the Commission's regulations in
Sec. 39.3(c) and provide that the ERO file an assessment of its
performance three years from the date of initial certification, and
every five years thereafter. Section 39.3(c)(1) of the Commission's
regulations specify that the ERO should include in its performance
assessment: (1) An explanation of how it satisfies the requirements of
Sec. 39.3 (b); \8\ (2) recommendations from stakeholders on
improvement for the ERO and Regional Entities' performance and the
ERO's and Regional Entities' response to those recommendations; \9\ and
(3) an evaluation of the effectiveness of each Regional Entity's
performance of delegated functions.\10\ Section 39.3(c)(2) of the
Commission's regulations explain that the Commission will review the
performance assessments and may require follow-up actions by the ERO to
comply or improve compliance with the statutory and regulatory
qualifications for the ERO if the Commission determines that the ERO
has not satisfied specific criteria.\11\
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\8\ 18 CFR 39.3(c)(1)(i).
\9\ 18 CFR 39.3(c)(1)(ii), (iii).
\10\ 18 CFR 39.3(c)(1)(iii).
\11\ Id.
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II. Discussion
8. Pursuant to section 215 of the FPA, we propose to amend Sec.
39.3(c) of the Commission's regulations to require the Commission-
certified ERO to submit assessments of its performance every three
years instead of the current period of every five years.\12\ We also
propose to amend Sec. 39.3(c)(1) to add a new requirement for the ERO
to include in its performance assessment a detailed discussion of any
areas of the EROs' responsibilities and activities, or the Regional
Entity delegated functions, beyond those required by Sec.
39.3(c)(1)(i), (ii), and (iii) that the Commission identifies at least
90 days prior to the expected performance assessment submission date.
For example, a Commission-identified issue may be communicated to the
ERO through a Commission order or the Commission's delegated authority
to the Director of the Office of Electric Reliability.\13\
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\12\ 18 CFR 39.3(c).
\13\ See e.g., 18 CFR 375.303 (a)(2)(v) (``The Commission
authorizes the Director or the Director's designee to . . . [d]irect
the Electric Reliability Organization, Regional Entities, or users,
owners, and operators of the Bulk-Power System within the United
States (not including Alaska and Hawaii) to provide such information
as is necessary to implement Section 215 of the Federal Power Act. .
. .'').
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9. While Order No. 672 established a five-year period for
submitting ERO performance assessments following the initial three-year
assessment, decreasing the periodicity to every three years would
improve the ERO's accountability to the public, stakeholders, and the
Commission. Our proposed reduction in the assessment period aligns with
the ERO's own acknowledgement that it is ``facing unprecedented, rapid
change in the electric industry, which raises new challenges to and
opportunities for the reliability and security of the Bulk Power
System.'' \14\ We agree, and find that the Bulk-Power System is
transitioning in myriad ways through innovation and technology at a
pace unanticipated when the Commission originally established the five-
year performance assessment period and identified topics for the ERO to
include in those assessments.
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\14\ North American Electric Reliability Corp., Docket No. RR19-
7-000, at 3 (July 22, 2019) (2019 Performance Assessment).
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10. The proposed three-year performance assessment cycle will
enhance the Commission's oversight of the ERO and provide an
opportunity to address issues arising with regard to ERO performance in
a more timely fashion. We believe this will allow for changes to be
made in a more timely manner, and improve the efficiency of the overall
performance assessment process. A three-year performance assessment
aligns more closely with certain ongoing NERC activities, such as the
triennial Reliability Standards and reliability guidelines reviews.
Moreover, the reduced period between assessments will allow better
continuity in the Commission's review of the ERO's operations,
activities, oversight, procedures, and evaluation of the effectiveness
of each Regional Entity in the performance of delegated functions. For
example, a three-year period improves the likelihood that the NERC
staff preparing the performance assessment, the Commission staff
reviewing the assessment, and Commissioners would be familiar with the
performance assessment process--thereby providing continuity and
subject matter expertise. Three years also provides an earlier
opportunity to address new and emerging areas of concern or
recommendations for development identified by the Commission and
stakeholders.
11. We believe that the proposed three-year performance cycle
affords a reasonable amount of time between performance assessments. We
note that this is the same three-year timeframe imposed in Order No.
672 on the initial performance assessment submitted by the ERO in 2010.
The timing also aligns with the NERC's Rules of Procedure requirement
of an independent audit of NERC's Compliance Monitoring and Enforcement
Program (CMEP) and Organization Registration and Certification
Program.\15\
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\15\ See e.g., NERC, Rules of Procedure, sec. 406 (``NERC shall
provide for an independent audit of its [CMEP] at least once every
three years, or more frequently as determined by the Board. The
audit shall be conducted by independent expert auditors as selected
by the Board'').
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12. The ERO has existing internal processes used to assess its
ongoing performance of its statutory responsibilities, and the Regional
Entities' ongoing performance in their delegated activities.\16\ For
example, NERC files itemized annual budgets for both its own activities
and those of the Regional Entities, thereby tracking whether it
``allocate[s] equitably reasonable dues, fees and charges among end
users for all activities.'' \17\ The ERO uses a program alignment
process to identify, prioritize, and resolve inconsistencies among the
[[Page 7520]]
Regional Entities.\18\ The ERO also issues a stakeholder survey every
other year to measure the effectiveness of NERC and the Regional
Entities in executing program activities.\19\
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\16\ For example, pursuant to 18 CFR 39.3 (c)(1)(i), the ERO
must include in its performance assessment an explanation of how its
Reliability Standards program meet the requirements of Sec.
39.3(b). NERC posts on its website the status of various Reliability
Standards projects, and provides public access to all projects,
including: Reliability Standards, Standard Authorization Requests,
Periodic Reviews, and Interpretations. NERC, Reliability Standards
Under Development, https://www.nerc.com/pa/Stand/Pages/Standards-Under-Development.aspx. NERC has a formal oversight program for
functions it has delegated to the Regional Entities. The programs
include performance metrics that NERC uses to evaluate the Regional
Entity performance from year to year, (i.e., more frequently than
what would be necessary for a three-year performance assessment).
2019 Performance Assessment at 10.
\17\ 18 CFR 39.3(b)(2)(ii).
\18\ NERC, ERO Enterprise Program Alignment Process, https://www.nerc.com/pa/comp/Pages/EROEnterProAlign.aspx.
\19\ As required by 18 CFR 39.3(c)(1)(ii), the ERO's performance
assessment must address ``the effectiveness of each Regional Entity,
recommendations by the [ERO], users, owners, and operators of the
Bulk-Power System, and other interested parties for improvement of
the Regional Entity's performance of delegated functions.''
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13. Based on the examples described above, we believe the ERO
should be able to use these existing processes to provide a self-
assessment to the Commission on a three-year basis rather than every
five years without imposing an undue burden on the ERO. NERC could
leverage the existing tracking mechanisms discussed above, as well as
the findings of its required three-year independent audit, its internal
audit department, ongoing quarterly and annual assessments of its CMEP
and Organization Registration and Certification Program,\20\ and the
processes that lead to NERC's annual filings of the business plan and
budgets (and those of the Regional Entities),\21\ all of which NERC
already uses to regularly report on its and the Regional Entities'
activities. For these reasons, we believe a reduction of time from a
five-year cycle to a three-year cycle will not impose an undue burden
for NERC, the Regional Entities, registered entities, or other
interested stakeholders.
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\20\ See, e.g., NERC, Compliance Monitoring and Enforcement
Program Quarterly Report, (Nov. 4, 2020), https://www.nerc.com/pa/comp/CE/ReportsDL/Q3%202020%20Quarterly%20CMEP%20Report.pdf.
\21\ See, e.g., NERC, 2021 Business Plan and Budget Preparation
Schedule, (2020), https://www.nerc.com/gov/bot/FINANCE/Hidden%20Documents/2021%20BPB%20Preparation%20Schedule.pdf.
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14. Next, based on the last three performance assessments NERC has
submitted to the Commission as the ERO, where the Commission has
directed NERC to submit additional information on further compliance,
we propose to revise the Commission's regulations governing what an ERO
must include in its performance assessment. Specifically, we propose to
require that the Commission-certified ERO include in its performance
assessments a detailed discussion of any areas of the ERO's activities
and functions, or the Regional Entities' delegated functions, beyond
those set forth in Sec. 39.3(c)(1)(i), (ii), and (iii), that the
Commission identifies for inclusion at least 90 days prior to the
expected performance assessment submission date.\22\ Identifying
specific areas of interest in a formal and timely manner prior to
NERC's submission of the Performance Assessment may likely result in
efficiencies. For example, identifying areas of interest NERC should
address in the filing may reduce the need for the Commission to issue
data requests or require informational filings afterwards. We believe
the additional information NERC will provide in response to the
identified areas of interest will enable the Commission to more
efficiently review the performance of the ERO's activities and
functions, as well as oversight of the Regional Entities' delegated
functions. We also believe 90 days prior to the submission of each
performance assessment provides NERC adequate time to address any
Commission-identified topics in its performance assessment, but we seek
comment on whether a different period of time may be more appropriate.
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\22\ As noted above, a Commission-identified issue may be
communicated to the ERO through a Commission order or the
Commission's delegated authority to the Director of the Office of
Electric Reliability.
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15. Finally, we propose to add a formal requirement for a public
comment period to solicit Regional Entities, users, owners, and
operators of the Bulk-Power System, and other interested parties for
improvement of the ERO's operations, activities, oversight and
procedures. The intent of the comment period is to inform the content
of the ERO's draft performance assessment. We anticipate that the ERO
would meet the proposed requirement by issuing notice of a public
comment period on its website specifically requesting that interested
parties identify areas of improvement. We envision the solicitation of
comments would be issued separately and prior to the posting of the
draft performance assessment. The posting should be independent of
other recurring stakeholder surveys that may have a more limited
audience. The ERO would then include the submitted comments, and the
ERO's responses to such comments, with its performance assessment
filing.
16. We believe that the proposed amendments to our regulations will
improve our oversight of the ERO. The proposal will better enable the
Commission to determine that the ERO is satisfying the statutory and
regulatory criteria continuously,\23\ and provide the opportunity for
more timely Commission and stakeholder feedback or direction to the ERO
should issues arise. Further, consistent with Order No. 672, the
shorter cycle for the ERO performance assessment will provide more
timely Commission oversight to assure that the ERO is ``not only
maintaining but improving the quality of its activities and those of
the Regional Entities to which it has delegated such activities.'' \24\
We seek comments from NERC and other interested entities on this
proposal, including on the burden of this proposal.
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\23\ Order No. 672 interprets the FPA to require that the ERO to
comply with the certification criteria on an ongoing basis, and that
a violation of a certification criterion constitutes a violation of
the FPA. Order No. 672, 114 FERC ] 61,104 at P 184.
\24\ Order No. 672, 114 FERC ] 61,104 at P 186.
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III. Information Collection Statement
17. This NOPR proposes to amend the Commission's regulations to
require the Commission-certified ERO to submit assessments of its
performance every three years instead of the current period of every
five years. It also proposes to require the Commission-certified ERO to
include in its performance assessments a detailed discussion of any
areas of the ERO's responsibilities and activities, or the Regional
Entities' delegated functions, beyond those required by Sec.
39.3(c)(1)(i), (ii), and (iii), that the Commission identifies for
inclusion at least 90 days prior to the expected performance assessment
submission date. Finally, this NOPR proposes to formalize the ERO's
solicitation of recommendations via a formal public comment period from
Regional Entities, users, owners, and operators of the Bulk-Power
System, and other interested parties for improvement of the ERO's
operations, activities, oversight and procedures.
18. The Paperwork Reduction Act (PRA) \25\ requires each federal
agency to seek and obtain approval by the Office of Management and
Budget (OMB) before undertaking a collection of information (including
reporting, record keeping, and public disclosure requirements) directed
to ten or more persons or contained in a rule of general applicability.
OMB regulations \26\ require approval of certain information collection
requirements contemplated by proposed rules (including deletion,
revision, or implementation of new requirements). Upon approval of a
collection of information, OMB will assign an OMB control number and an
expiration date. Respondents subject to the filing requirements of this
proposed rule will not be penalized for failing to respond to the
collection of information
[[Page 7521]]
unless the collection of information displays a valid OMB control
number.
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\25\ 44 U.S.C. 3501-3521.
\26\ 5 CFR part 1320.
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19. The information collection in this NOPR is FERC-725,
``Certification of Electric Reliability Organization.'' The OMB Control
Number is 1902-0225. As required by the PRA, the collection of
information that would be revised in this proposed rule is being
submitted to OMB for review under 44 U.S.C. 3507(d).
20. The Commission solicits comments on the Commission's need for
the proposed revision of the information collection, 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. All burden estimates are discussed in this NOPR
and in the Paperwork Reduction Act supporting statement.
21. Interested persons may submit questions about this information
collection by contacting Ellen Brown, Office of the Executive Director,
at DataClearance@ferc.gov, or (202) 502-8663. Please send comments
concerning the collection of information and the associated burden
estimates to: Office of Information and Regulatory Affairs, Office of
Management and Budget [Attention: Federal Energy Regulatory Commission
Desk Officer]. Due to security concerns, comments should be sent
directly to www.reginfo.gov/public/do/PRAMain. Comments submitted to
OMB should be sent within 60 days of publication of this notice in the
Federal Register and refer to FERC-725 and OMB Control No. 1902-0225.
22. Please submit to the Commission copies of comments concerning
the collection of information and the associated burden estimates
(identified by Docket No. RM21-12-000) by any of the following methods:
eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp;
U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426; or
Effective July 1, 2020, filings not submitted via eFiling
or the U.S. Postal Service may be delivered to: Federal Energy
Regulatory Commission, c/o Health and Human Services, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
23. The following discussion describes and analyzes the existing
collection of information associated with 18 CFR 39.3(c) (FERC-725, OMB
Control Number 1902-0225), as it would be modified by this proposed
rule.
Necessity of the Information: The information collected
from the ERO or Regional Entities under the requirements of FERC-725 is
used by the Commission to implement the statutory provisions of section
215 of the FPA and implemented by the Commission in accordance with 18
CFR part 39.
Public Reporting Burden: The NOPR would result in program
changes in the ``Self-Assessment'' information activities in FERC-725
due to the proposed requirement to submit self-assessments every 3
years. At present, self-assessments are required every 5 years.
24. The annualized number of responses for each self-assessment
would be revised from 0.2 per year to 0.33 per year. As shown below,
RM21-12-000 would result in a total of 2.31 responses for self-
assessments annually. The Commission has also reduced the number of
Regional Entities from seven to six.
25. The Commission calculates the average annual burden and cost
\27\ in accordance with data from the Bureau of Labor Statistics. For
hourly cost (for wages and benefits), we estimate that 70 percent of
the time is spent by Electrical Engineers (code 17-2071, at $66.90/
hr.), 20 percent of the time is spent by Legal (code 23-0000, at
$143.68/hr.), and 10 percent by Office and Administrative Support (code
43-0000, at $41.34/hr.). The weighted hourly cost (for wages and
benefits) is $79.70.
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\27\ The hourly cost estimates are based on wage data from the
Bureau of Labor Statistics for May 2019 (BLS, Occupational
Employment Statistics (May 2019), https://www.bls.gov/oes/current/naics2_22.htm) and benefits data for September 2020 (BLS, Employer
Costs for Employee Compensation Summary (Dec. 17, 2020), https://www.bls.gov/news.release/ecec.nr0.htm).
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Estimated total
Number of Total number Average burden hours annual burden hrs.
Type of respondent Type of response Number of responses per of responses and cost ($) per and cost ($)
respondents respondent (col. C x col. response (rounded) (rounded) (col. E x
D) col. F)
A. B.................... C. D. E. F.................... G.
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Electric Reliability Organization.. Self-Assessment...... 1 0.33 0.33 4,160 hrs.; $331,552. 1,373 hrs.; $109,412.
Regional Entities.................. Self-Assessment...... 6 0.33 1.98 4,160 hrs.; $331,552. 8,237 hrs.; $656,473.
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Total Burden Hrs. and Cost..... ..................... 7 .............. 2.31 ..................... 9,610 hrs.; $765,885.
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IV. Environmental Analysis
26. 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.\28\ 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.\29\ The actions proposed here
fall within this categorical exclusion in the Commission's regulations.
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\28\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
\29\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act Certification
27. The Regulatory Flexibility Act of 1980 (RFA) \30\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
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\30\ 5 U.S.C 601-612.
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28. By only proposing to direct NERC, the Commission-certified ERO,
to
[[Page 7522]]
increase the periodicity of its performance assessment submission and
address identified topics, this NOPR will not have a significant or
substantial impact on entities other than NERC. The ERO develops and
files with the Commission for approval Reliability Standards affecting
the Bulk-Power System, which represents: (a) A total electricity demand
of 830 gigawatts (830,000 megawatts) and (b) more than $1 trillion
worth of assets. Therefore, the Commission certifies that this NOPR
will not have a significant economic impact on a substantial number of
small entities.
VI. Comment Procedures
29. 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 March 1, 2021. Comments must refer to
Docket No. RM21-12-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
30. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website 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.
31. Commenters that are not able to file comments electronically
must submit an original of their comments either by mail through the
United States Postal Service to: The Secretary of the Commission,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC, 20426,\31\ or by any other method of delivery, including hand
delivery, to the Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.\32\
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\31\ 18 CFR 385.2001(a)(1)(i).
\32\ 18 CFR 385.2001(a)(1)(ii).
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32. 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.
VII. Document Availability
33. 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). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the President's March 13, 2020
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
34. 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.
35. User assistance is available for eLibrary and the Commission's
website 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.
List of Subjects in 18 CFR Part 39
Administrative practice and procedure, Electric power, Penalties,
Reporting and recordkeeping requirements.
By direction of the Commission. Commissioners Chatterjee and
Glick are concurring with a joint separate statement attached.
Issued: January 19, 2021.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission proposes to amend
part 39, chapter I, title 18, Code of Federal Regulations, as follows:
PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY
ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS
0
1. The authority citation for part 39 continues to read as follows:
Authority: 16 U.S.C. 824o.
0
2. Amend Sec. 39.3 by revising paragraph (c) introductory text,
paragraph (c)(ii) and adding paragraph (iv) to read as follows.
Sec. 39.3 Electric Reliability Organization certification.
* * * * *
(c) The Electric Reliability Organization shall submit an
assessment of its performance three years from the date of
certification by the Commission, and every three years thereafter.
After receipt of the assessment, the Commission will establish a
proceeding with opportunity for public comment in which it will review
the performance of the Electric Reliability Organization.
* * * * *
(ii) Recommendations, as solicited by the Electric Reliability
Organization via a noticed public comment period, by Regional Entities,
users, owners, and operators of the Bulk-Power System, and other
interested parties for improvement of the Electric Reliability
Organization's operations, activities, oversight and procedures, and
the Electric Reliability Organization's response to such
recommendations. . .
* * * * *
(iv) a detailed discussion of any areas of the Electric Reliability
Organizations responsibilities and activities, or the Regional Entity
delegated functions, beyond those required by Sec. 39.3(c)(1)(i),
(ii), and (iii) of this section that the Commission has identified. The
Commission will inform the Electric Reliability Organization of any
additional performance areas to include at least 90 days prior to the
expected performance assessment submission date.
* * * * *
United States of America Federal Energy Regulatory Commission
Revisions to Regulations on Electric Reliability Organization
Performance Assessments--Docket No. RM21-12-000
(Issued January 19, 2021)
CHATTERJEE, Commissioner, and GLICK, Commissioner, concurring:
We support this notice of proposed rulemaking (NOPR), which
explores potential improvements to the existing framework for the North
American Electric Reliability Corporation, the Commission-certified
Electric Reliability Organization (ERO), to submit assessments of its
performance. Given the important and increasingly complex role the ERO
plays in ensuring the reliability of the Bulk Power System, we urge
interested parties to submit comments on the proposed reforms. To that
end, while we encourage comments on the potential benefits of these
proposed reforms, we also encourage interested parties to provide
comments on the potential burdens the proposed
[[Page 7523]]
reforms may impose on the ERO and its Regional Entities.
For these reasons, we respectfully concur.
Neil Chatterjee,
Commissioner.
Richard Glick,
Commissioner.
[FR Doc. 2021-01614 Filed 1-28-21; 8:45 am]
BILLING CODE 6717-01-P