[Federal Register Volume 63, Number 114 (Monday, June 15, 1998)]
[Rules and Regulations]
[Pages 32611-32612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14926]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 37


Notice of Clarification and New Docket Prefix EY

AGENCY: Federal Energy Regulatory Commission.

ACTION: Clarification of rule.

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SUMMARY: The Federal Energy Regulatory Commission is clarifying that, 
as required by section 37.4(a)(2) of the Commission's Rules and 
Regulations, 18 CFR 37.4(a)(2) (1997), transmission providers should 
report emergency circumstances affecting system reliability to the 
Commission within 24 hours by sending reports by facsimile to the 
Secretary of the Commission. In addition, the Commission is clarifying 
the information that transmission providers should include in the 
reports. The Commission is also establishing a new docket prefix, EY, 
to track the reports.

EFFECTIVE DATE: June 15, 1998.

FOR FURTHER INFORMATION CONTACT:
Johnathan E. First, Office of the General Counsel, Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
(202) 208-1033.

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 the Public Reference Room 
at 888 First Street, N.E., Room 2A, Washington, D.C. 20426.
    The Commission Issuance Posting System (CIPS) provides access to 
the texts of formal documents issued by the Commission. CIPS can be 
accessed via Internet through FERC's Homepage (http://www.ferc.fed.us) 
using the CIPS link or the Energy Information Online icon. The full 
text of this document will be available on CIPS in ASCII and 
Wordperfpect 6.1 format. CIPS is also available through the 
Commission's electronic bulletin board service at no charge to the user 
and may be accessed using a personal computer with a modem by dialing 
202-208-1397, if dialing locally, or 1-800-856-3920, if dialing long 
distance. To acccess CIPS, set your communications software to 19200, 
14400, 12000, 9600, 7200, 4800, 2400, or 1200 bps, full duplex, no 
parity, 8 data bits and 1 stop bit. User assistance is available at 
202-208-2474 or by E-mail to [email protected].
    This document is also available through the Commission's Records 
and Information Management System (RIMS), an electronic storage and 
retrieval system of documents submitted to and issued by the Commission 
after November 16, 1981. Documents from November 1995 to the present 
can be viewed and printed. RIMS is available in the Public Reference 
Room or remotely via Internet through FERC's Homepage using the RIMS 
link or the Energy Information Online icon. User assistance is 
available at 202-208-2222, or by E-mail to [email protected].
    Finally, the complete text on diskette in Wordperfect format may be 
purchased from the Commission's copy contractor, La Dorn Systems 
Corporation. La Dorn Systems Corporation is located in the Public 
Reference Room at 888 First Street, N.E., Washington, D.C. 20426.

Notice of Clarification and New Docket Prefix EY

June 1, 1998.
    The Commission clarifies the procedures that transmission providers 
should follow when reporting emergency circumstances that result in 
deviations from the standards of conduct. See 18 CFR 37.4(a)(2). 
Further, the Commission gives notice that it has established a new 
docket prefix, EY, for reports of emergency circumstances that 
transmission providers submit.

Background

    In Order No. 889, the Commission issued rules governing an Open 
Access Same-Time Information System (OASIS)

[[Page 32612]]

and prescribing Standards of Conduct.\1\ Section 37.4(a)(1) of the 
Commission's regulations, 18 CFR 37.4(a)(1) (1997), requires employees 
of transmission providers engaged in transmission system operations to 
function independently of employees engaged in wholesale merchant 
functions. Section 37.4(a)(2) creates an exception and states that, 
``in emergency circumstances affecting system reliability, Transmission 
Providers may take whatever steps are necessary to keep the system in 
operation.'' The rule requires transmission providers that invoke the 
emergency exception to ``report to the Commission and on the OASIS each 
emergency that resulted in any deviation from the standards of conduct, 
within 24 hours of such deviation'' but does not provide guidance on 
how transmission providers should submit such reports or the details 
that should be included in the reports.
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    \1\ Open Access Same-Time Information System (Formerly Real-Time 
Information Network) and Standards of Conduct, 61 FR 21737 (May 10, 
1996), FERC Stats. & Regs., Regulations Preambles January 1991-June 
1996 para. 31,035 (April 24, 1996); Order No. 889-A, order on 
rehearing, 62 FR 12484 (March 14, 1997), III FERC Stats. & Regs. 
para. 31,049 (March 4, 1997); Order No. 889-B, rehearing denied, 62 
FR 64715 (December 9, 1997), 81 FERC para. 61,253 (November 25, 
1997).
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Reporting Procedures

    To promote the uniform reporting of emergency circumstances as 
required by section 37.4(a)(2), the Commission clarifies that 
transmission providers should report emergencies to the Commission 
within 24 hours by sending a report by facsimile to the Secretary at 
the following telephone number: (202) 208-2268.
    The use of facsimiles for reporting emergencies is an interim 
measure until the Commission develops a comprehensive information 
system that accepts filings and disseminates information electronically 
using the Commission's Internet site. The Commission will issue a 
subsequent notice when it implements a comprehensive electronic filing 
initiative.
    Further, to allow for the uniform reporting of emergency 
circumstances as required by section 37.4(a)(2), the Commission 
clarifies that the reports should, at a minimum:
    (a) Identify the name, title and telephone number of the person who 
prepared the report;
    (b) State in the ``subject'' line of the facsimile that the 
correspondence reports an ``emergency deviation'';
    (c) Identify when the emergency occurred and the duration of the 
emergency;
    (d) Describe the emergency circumstances, including the nature of 
the emergency, the cause of the emergency, and the effects on system 
reliability; and
    (e) Describe the resulting deviation(s) from the standards of 
conduct.
    If the emergency is ongoing, the report should provide an estimate 
of when the emergency will be concluded. Transmission providers should 
provide updates as necessary until the emergency is concluded,
    Further, section 37.4(a)(2) requires that transmission providers 
report emergency circumstances on the OASIS. However, the rule does not 
state a minimum period for transmission providers to post the reports 
on the OASIS. Accordingly, the Commission clarifies that reports must 
remain posted on the OASIS for 30 days from the date when the emergency 
ends. The OASIS reports must include the same information as the 
reports that transmission providers submit to the Commission.

New Docket Prefix EY

    To properly track reports of emergency circumstances affecting 
system reliability, the Commission has established a new docket prefix 
EY. The new docket prefix will be EYFY-NNN, where the FY stands for the 
fiscal year in which the report is submitted and the NNN identifies the 
docket number for tracking emergency reports. If a transmission 
provider submits an emergency report and subsequently submits one or 
more update reports regarding the same emergency, the original report 
and updates will be filed under the same docket number.
    The Commission will assign docket numbers to emergency reports only 
for internal record keeping purposes. The reports will not be subject 
to Federal Register notice or public comment. The public will have 
access to the same information on the OASIS.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-14926 Filed 6-12-98; 8:45 am]
BILLING CODE 6717-01-M