[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7757]
[[Page Unknown]]
[Federal Register: April 1, 1994]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 141
[Docket No. RM93-10-002; Order No. 558-B]
New Reporting Requirement Implementing Section 213(b) of the
Federal Power Act and Supporting Expanded Regulatory Responsibilities
Under the Energy Policy Act of 1992, and Conforming and Other Changes
to Form No. FERC-714
Issued March 24, 1994.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission is modifying its
reporting requirement, FERC Form No. 715, Annual Transmission Planning
and Evaluation Report, to remove the requirement that respondents
submit to the Commission an original and two copies in hard copy of
base case power flow data. The Commission has determined this
requirement is unnecessary since the data are filed in electronic form.
DATES: The final rule is effective March 24, 1994.
ADDRESSES: Office of the Secretary, Federal Energy Regulatory
Commission, 825 North Capitol Street, NE., Washington, DC 20426.
FOR FURTHER INFORMATION CONTACT:
Daniel L. Larcamp (Legal Information), Assistant General Counsel,
Electric Rates and Corporate Regulation, Federal Energy Regulatory
Commission, 825 North Capitol Street, NE., Washington, DC 20426, (202)
208-2088.
William Booth (Technical Information), Office of Electric Power
Regulation, Federal Energy Regulatory Commission, 825 North Capitol
Street, NE., Washington, DC 20426, (202) 208-0849.
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in Room 3104, at 941 North
Capitol Street, NE., Washington, DC 20426.
The Commission Issuance Posting System (CIPS), an electronic
bulletin board service, provides access to the texts of formal
documents issued by the Commission. CIPS is available at no charge to
the user and may be accessed using a personal computer with a modem by
dialing (202) 208-1397. To access CIPS, set your communications
software to use 300, 1200, or 2400 bps, full duplex, no parity, 8 data
bits and 1 stop bit. CIPS can also be accessed at 9600 bps by dialing
(202) 208-1781. The full text of the Final Rule will be available on
CIPS for 30 days from the date of issuance. The complete text on
diskette in WordPerfect format may also be purchased from the
Commission's copy contractor, La Dorn Systems Corporation, also located
in Room 3104, 941 North Capitol Street, NE., Washington, DC 20426.
I. Introduction
In its final rule in this proceeding,\1\ the Commission, among
other things, amended Part 141 of its regulations by adding a new
Sec. 141.300, requiring that ``transmitting utilities''\2\ inform
potential transmission customers, State regulatory authorities, and the
public of potentially available transmission capacity and known
constraints as required under section 213(b) of the Federal Power Act
(FPA).\3\ This new regulation created a new reporting form, FERC Form
No. 715, Annual Transmission Planning and Evaluation Report (Form 715).
The purpose of the Commission's final rule was to implement the
requirements of section 213(b) and to support the Commission's expanded
responsibilities under sections 211 and 212 of the FPA, as amended by
the Energy Policy Act, as well as to provide information with which to
analyze filings involving, or requests for, transmission services.
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\1\New Reporting Requirement Implementing Section 213(b) of the
Federal Power Act and Supporting Expanded Regulatory
Responsibilities under the Energy Policy Act of 1992 and Conforming
and Other Changes to Form No. FERC-714, 58 FR 52420 (October 8,
1993), III FERC Stats & Regs. 30,980 (1993).
\2\A transmitting utility is any electric utility (i.e., any
person or State agency (including any municipality) which sells
electric energy), qualifying cogeneration facility, qualifying small
power production facility, or Federal power marketing agency that
owns or operates electric power transmission facilities that are
used for the sale of electric energy at wholesale. See 16 U.S.C.
796(23) (1988).
\3\16 U.S.C. A. 824l (West Supp. 1993).
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Part 2 of Form 715 requires each transmitting utility that operates
integrated transmission system facilities rated at or above 100
kilovolts (kV) (Respondent) to annually submit to the Commission an
original and two copies in hard copy of its base case power flow data,
as well as to submit the data to the Commission in electronic form.\4\
The Commission also provided that Respondents that participate in the
development and use of regional power flow studies could designate any
regional or subregional organization, or any other single entity to
submit their regional or subregional base case power flow data.
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\4\Base case power flows are best estimate simulations of the
operations of regional transmission grids.
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On January 25, January 31, February 22, February 23, and March 10,
1994, respectively, the Mid-America Interconnected Network (MAIN),
Florida Electric Coordinating Group, Inc. (Florida), Southwest Power
Pool, Inc. (SPP), the Southeast Electric Reliability Council (SERC),
and the East Central Area Reliability Agreement (ECAR) filed requests
for waiver of the requirement that they file base case power flow data
in hard copy format. MAIN, SERC and ECAR are regional reliability
councils. MAIN's members' service territory covers Illinois, Missouri
and eastern Wisconsin. SERC's members provide electric service to
customers in all or parts of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee and Virginia.
ECAR's member systems serve customers in Indiana, Kentucky, Maryland,
Michigan, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia.
Florida represents the Florida Subregion of SERC.
MAIN, states that it would have to submit about 600 pounds of paper
on behalf of its members if the Commission requires the submission of
base case power flow data in hard copy format. ECAR calculates that
submission of base case power flow data for its members in hard copy
format would result in submittal of about 400 pounds of paper, standing
about 33 feet high. MAIN, Florida, SPP, SERC and ECAR all submit that
the filing of base case power flow data in hard copy format is
unnecessary in light of the requirement to file these data with the
Commission in electronic form.
Upon reflection, the Commission has concluded that it does not need
to require routine submission of hard copy of the power flow data. Base
case power flow data are intended for use with commonly available
computer programs to simulate load flows on the Respondent's system and
to provide a preliminary determination of whether the system has
sufficient capacity to accommodate a request for transmission service.
Electronic format is the most efficient method for reporting and using
base case power flow information; the requirement to provide hard copy
of this information results in the unnecessary filing of voluminous
amounts of paper. The hard copy format is especially unwieldy, because
a person wishing to use the data typically must first transfer the data
from hard copy format into electronic format before performing computer
analysis of potential load flow situations. Accordingly, the Commission
has decided to eliminate the requirement that Respondents submit to the
Commission an original and two copies in hard copy of base case power
flow data. Respondents must still submit base case power flow data to
the Commission in electronic form, and will continue to be responsible
for submitting base case power flow data to the public both in hard
copy and in electronic form upon request.
To effect this change, the Commission is restating its summary of
Form 715 requirements and amending its previous filing provisions
governing submission of that form to the Commission. The Commission is
also amending Appendix A (page 4, Part III), which it issued with its
previous final rule, and which contains instructions for the filing of
Form 715.\5\ Elimination of the requirement to file base case power
flow data in hard copy format moots MAIN's, Florida's, SPP's, ECAR's
and SERC's requests for waiver and renders future requests for waiver
of this requirement unnecessary.
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\5\Because 18 CFR 141.300(c) merely references Form 715, which
does not appear in the Code of Federal Regulations, there will be no
change to 18 CFR 141.300. The only change will be in the appendix,
which does not appear in the Code of Federal Regulations.
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II. Summary of Form 715 Requirements\6\
Starting on April 1, 1994, each transmitting utility that operates
integrated transmission system facilities that are rated at or above
100 kilovolts (kV) (Respondent), must annually submit to the Commission
a new reporting form, Form 715.
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\6\The revised instructions for submitting Form 715 appear in
the appendix.
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Form 715 requires each Respondent to:
(1) Identify a contact person for inquiries regarding information
in the form [Form 715, part 1];
(2) Submit in electronic form its base case power flow data if it
does not participate in the development and use of regional power flow
data. A Respondent that participates in the development and use of
regional power flow studies must either submit in electronic form the
regional or subregional base case power flow data or designate any
regional or subregional organization, or any other single entity to
submit in electronic form the regional or subregional base case power
flow data [Form 715, part 2];
(3) Submit transmission system maps and diagrams used by the
Respondent for transmission planning [Form 715, part 3];
(4) Submit a detailed description of the transmission planning
reliability criteria used to evaluate system performance for time
frames and planning horizons used in regional and corporate planning
[Form 715, part 4];
(5) Submit a detailed description of the Respondent's transmission
planning assessment practices (including, but not limited to, how
reliability criteria are applied and the steps taken in performing
transmission planning studies) [Form 715, part 5]; and
(6) Submit a detailed evaluation of the Respondent's anticipated
system performance as measured against its stated reliability criteria
using its stated assessment practices [Form 715, part 6].
Respondents must submit to the Commission an original and two
copies in hard copy of the above items 1, 3, 4, 5 and 6. Respondents
must also submit to the Commission in electronic form items 1, 2, 4, 5
and 6.
Respondents must also make available expeditiously to the public,
upon request, in hard copy, the above items 1 through 6. Respondents
must also make available expeditiously to the public, upon request, in
electronic form, items 1, 2, 4, 5 and 6.
When Respondents have designated any single entity to submit
regional or subregional base case power flow data to the Commission,
that entity must submit these data to the Commission, as indicated
immediately above. That entity must also make these data available
expeditiously to the public, upon request, in both hard copy and
electronic form, as indicated immediately above.
The primary authority for the collection of Form 715 data is
section 213(b) of the FPA. The collection of these data also supports
the Commission's expanded responsibilities under sections 211, 212 and
213(a) of the FPA (as amended by the Energy Policy Act), and assists in
rate or other regulatory proceedings. Thus, the Commission's authority
for this rule is also based on the Commission's general authorities
under sections 307(a), 309 and 311 of the FPA.
III. Information Collection Statement
The Office of Management and Budget's (OMB) regulations\7\ require
that OMB approve certain information collection requirements imposed by
the agency's rule. However, this order contains no new information
collection requirements; it instead eliminates the potential filing of
voluminous amounts of paper. Therefore, this final rule is not subject
to OMB approval.
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\7\5 CFR 1320.14.
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IV. Regulatory Flexibility Act
In issuing its previous final rule, the Commission thoroughly
considered and responded to the needs of small entities. Most small
entities will either be exempt from the final rule or will be eligible
for a waiver from its requirements; the final rule only covers the
operators of integrated transmission system facilities of 100 kV and
above. Because: (a) Most transmission utilities that operate integrated
transmission system facilities of 100 kV and above do not fall within
the definition of ``small entity;''\8\ (b) the previous final rule
accommodated the economic concerns of small entities; and (c) the
current final rule only further reduces reporting requirements by
eliminating the necessity to file certain information in hard copy with
the Commission, the Commission certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
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\8\5 U.S.C. 601(3), citing to section 3 of the Small Business
Act, 15 U.S.C. 632, which defines a ``small business concern'' as a
business that is independently owned and operated and that is not
dominant in its field of operation.
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V. Environmental Statement
Commission regulations require that the Commission prepare an
environmental assessment or an environmental impact statement for any
Commission action that may have a significant adverse effect on the
human environment.\9\ The Commission categorically excludes certain
actions from this requirement as not having a significant effect on the
human environment.\10\ No environmental consideration is necessary for
the promulgation of a rule that involves the gathering, analysis and
dissemination of information.\11\ Because this final rule involves only
the gathering, analysis and dissemination of information, no
environmental consideration is necessary.
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\9\Regulations Implementing the National Environmental Policy
Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Regulations
Preambles 1986-1990 30,783 (1987).
\10\18 CFR 380.4.
\11\18 CFR 380.4(a)(5).
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VI. Administrative Findings and Effective Date
The Administrative Procedure Act (APA)\12\ requires that the
Commission publish rulemakings in the Federal Register. The APA also
mandates that the Commission provide an opportunity for comment when it
promulgates regulations. However, the APA does not require notice and
comment when the agency for good cause finds that notice and comment is
impractical, unnecessary or contrary to the public interest.\13\ The
Commission finds that notice and comment are unnecessary for this
rulemaking. The Commission is merely eliminating an unnecessary filing
requirement that will remove an administrative burden from the public
without changing the substantive effect of a previously published rule.
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\12\5 U.S.C. 553-59.
\13\5 U.S.C. Sec. 553b(B).
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The Commission also finds good cause to make this rule effective
immediately. The filing deadline for Form 715 is April 1, 1994; unless
the rule becomes effective immediately, the Commission will receive
voluminous paper that it does not need. Making this rule effective
immediately will ensure that Respondents will not have to fulfill an
unnecessary obligation.
List of Subjects in 18 CFR Part 141
Electric power, Reporting and recordkeeping requirements.
By the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission amends the filing
requirements for Form 715 as set forth below and which are referenced
in 18 CFR 141.300(c).
PART 141--STATEMENTS AND REPORTS (SCHEDULES)
1. The authority citation for part 141 continues to read as
follows:
Authority: 15 U.S.C. 79; 16 U.S.C. 791a-828c, 2601-2645; 31
U.S.C. 9701; 42 U.S.C. 7101-7352.
2. The instructions for submitting Form 715 are revised as set
forth in the Appendix.
Note: The appendix will not appear in the Code of Federal
Regulations.
Appendix--Annual Transmission Planning and Evaluation Report FERC Form
No. 715
Form Approved
OMB No. 1902-0167
Expires: 12/31/96
This report is mandatory under sections 213(b), 307(a) and 311
of the Federal Power Act and Volume 18 CFR 141.300.
The Commission does not consider the information collected by
this report to be confidential and will not treat it as such.
* * * * *
III. Where to Submit
Submit one original and two copies in hard copy of FERC Form No.
715, Annual Transmission Planning and Evaluation Report (except Part 2:
Base Case Power Flows), and one copy in electronic form of FERC Form
No. 715, Annual Transmission Planning and Evaluation Report (except
Part 3: Transmitting Utility Maps and Diagrams), to: Office of Electric
Power Regulation, Federal Energy Regulatory Commission, Room 2410, ER-
10.1, 825 North Capitol Street NE., Washington, DC 20426.
* * * * *
[FR Doc. 94-7757 Filed 3-31-94; 8:45 am]
BILLING CODE 6717-01-P