[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