[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54289-54290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25921]



[[Page 54289]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RM95-9-003]


Open Access Same-Time Information System (OASIS) and Standards of 
Conduct; Order Granting Motion for Expedited Clarification

Issued September 30, 1999.
    This order addresses a motion that, among other matters, seeks 
expedited clarification that back-up procedures are mandatory in the 
event of an OASIS communications equipment breakdown. As discussed 
below, we clarify that, during periods when an OASIS node is not in 
operation, transmission customers may make, and OASIS personnel shall 
respond to, requests for transmission service by telephone or 
facsimile. On restoration of the OASIS node's operations, OASIS 
personnel shall promptly (within one hour of restored operations) post 
on the OASIS: (1) All requests for service that were received during 
the outage; (2) whether those requests were accepted or denied; (3) 
which, if any, requests were made by an affiliate; and (4) the day/time 
when the OASIS service outage began and ended.\1\ The motion is denied 
in all other respects.
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    \1\ These postings should be made in the format and location 
prescribed by the OASIS Standards and Communication Protocols 
Document (S&CP Document).
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Background

    On September 3, 1999, Coral Power, L.L.C., Dynegy Power Marketing, 
Inc., Enron Power Marketing, Inc., and Tractabel Energy Marketing, Inc. 
(collectively Movants) filed a motion seeking expedited clarification 
that, in the event of an OASIS communications equipment malfunction, 
transmission providers must allow transmission customers to use certain 
back-up procedures. Movants request clarification that, in the event of 
OASIS communications breakdown, transmission provides must accept 
requests for transmission service made by telephone or facsimile. 
Movants also argue that the Commission should not limit exceptions to 
the OASIS-only reservation requirements to circumstances when OASIS 
communications are down. Finally, Movants argue that, to prevent abuse, 
if an affiliated customer submits a telephone or facsimile request 
because of a failure in OASIS connections, the affiliate customer 
should be required to submit a sworn affidavit of a corporate officer 
attesting to these facts and that this affidavit should be posted on 
the OASIS.
    On September 20, 1999, Southern Company Services, Inc.,\2\ filed an 
answer to Movants' motion. Southern agrees that, to the extent 
practicable, a transmission provider should accept telephone and 
facsimile reservations when its OASIS is unavailable. However, it 
objects to the Movants' other two proposals.
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    \2\ On behalf of Alabama Power Company, Georgia Power Company, 
Gulf Power Company, Mississippi Power Company, and Savannah Electric 
and Power Company (collectively referred to as ``Southern Company'') 
(Southern).
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Discussion

    The OASIS regulations do not contain any explicit requirement that 
transmission providers accept requests for transmission service by 
telephone or facsimile in the event that an OASIS node's communications 
equipment malfunctions. Nevertheless, it is preferable to have 
transmission providers accept transmission service requests by 
telephone or facsimile during such outages, rather than for them to 
deny all requests for service until the OASIS node's operations are 
restored. Accordingly, as further discussed below, we will grant 
Movants' motion for expedited clarification.
    We believe this interpretation is entirely consistent with the 
primary purpose of the OASIS rules, as discussed in the RIN NOPR,\3\ 
and as codified at 18 CFR 37.2, i.e., to provide potential transmission 
customers with timely information that will enable them to obtain 
transmission service on a non-discriminatory basis.\4\ This purpose is 
not served if a transmission provider cites our regulations as a basis 
for refusing requests for transmission service during an OASIS outage. 
The OASIS is intended to promote access to transmission and access to 
information about transmission and not to impede the provision of 
transmission service. Likewise, the requirement at 18 CFR 37.6(e)(1) 
that ``[a]ll requests for transmission services offered by Transmission 
Providers under the pro forma tariff must be made on the OASIS'' 
implicitly presupposes a functioning operational OASIS.
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    \3\ Real-Time Information Networks and Standards of Conduct, 
notice of proposed rulemaking, FERC Stats. & Regs. Proposed 
Regulations para. 32,516 at 33,170, 33,177 (1995).
    \4\ In Order No. 889, Open Access Same-time Information System 
(OASIS) and Standards of Conduct, FERC Stats. & Reg. para. 31,035 at 
31,594 (1996) we stated: ``Section 37.2 sets out the fundamental 
purpose of this part--to ensure that all potential customers of open 
access transmission service have access to the information that will 
enable them to obtain transmission service on a non-discriminatory 
basis. Comments in response to the RIN NOPR did not take issue with 
the proposed language of Sec. 37.2 and we are adopting this 
provision largely without change.'' Likewise, as noted in Order No. 
889-A, Open Access Same-time Information System (OASIS) and 
Standards of Conduct, FERC Stats. & Regs., Regulations Preambles 
para. 31,556 (1997) the requests for rehearing did not challenge 
this provision.
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    This is illustrated by our action in response to a request that we 
clarify whether the directive at 18 CFR 37.6(e)(1), that all requests 
for transmission services must be made on the OASIS, foreclosed the use 
of requests by telephone or facsimile in certain circumstances 
involving next-hour transactions. We responded by clarifying that,

during Phase 1, a request for transmission service made after 2:00 
p.m. of the day preceding the commencement of such service, will be 
``made on the OASIS'' if it is made directly on the OASIS, or, if it 
is made by facsimile or telephone and promptly (within one hour) 
posted on the OASIS by the Transmission Provider. In all other 
circumstances, requests for transmission service must be made 
exclusively on the OASIS.\5\

    \5\ Open Access Same-time Information System (OASIS) and 
Standards of Conduct, clarifying order, 77 FERC para. 61,335 at 
62,492 (1996).
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    The need for an exception to the OASIS-only reservation requirement 
is even stronger in the case where the OASIS node is not functioning at 
all.\6\ We, therefore, clarify that, during periods when an OASIS node 
is not in operation, transmission customers may make, and OASIS 
personnel shall respond to, requests for transmission service by 
telephone or facsimile. Moreover, OASIS personnel may not deny such 
requests on the basis that they were made off-line.
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    \6\ Similarly, the importance to the Commission of maintaining 
transmission business operations during emergencies is highlighted 
by our exception at 18 CFR 37.4(a)(2) that allows system operators 
to deviate from the standards of conduct, if needed to preserve 
system reliability during emergencies.
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    Movants have further requested that off-line requests for 
transmission service be allowed not only when the OASIS node is not 
functioning but also when the transmission customer's OASIS 
communications equipment is malfunctioning. Southern responds by 
pointing out that the Commission specifically rejected this argument in 
Carolina Power & Light Company, 85 FERC para. 61,145 at 61,579 (1998). 
We agree and will deny Movants' request. In our view, customers should 
be able to make advance alternate arrangements that would allow them to 
avert these kinds of malfunctions of, or interruptions to, their OASIS 
communications. We are taking a strict position on this because it 
would not be possible in each instance to verify the

[[Page 54290]]

source of a customer's communication problems and allowing such an 
exception could lead to widespread circumvention of the requirement in 
18 CFR 37.6(e)(2) that all requests for transmission service be made on 
the OASIS, in hope of obtaining preferential treatment. It also could 
lead to serious abuses regarding off-line communications between 
transmission system operations employees, and affiliated wholesale 
merchant employees.
    To address this concern, the Movants propose that we require an 
affiliated customer who submits a telephone or facsimile request 
because of a failure in OASIS connections to submit a sworn affidavit 
of a corporate officer attesting to these facts and that this affidavit 
should be posted on the OASIS. Southern argues, to the contrary, that 
Order No. 889 and the Standards of Conduct were intended to apply 
equally to all transmission customers and were not intended to place 
additional burdens on affiliate customers.
    In our view, the better solution for Movants' concern is to put the 
burden on all transmission customers to make advance alternate 
arrangements, and require transmission providers to take telephone and 
facsimile service requests only when the OASIS node itself (instead of 
the customer's equipment) is inoperable. Nevertheless, this proposal 
prompts us to add to our clarification that, on restoration of the 
OASIS node's operations, OASIS personnel shall promptly (within one 
hour of restored operations) post on the OASIS: (1) All requests for 
service that were received during the outage; (2) whether those 
requests were accepted or denied; (3) which, if any, requests were made 
by an affiliate; and (4) the day/time when the OASIS service outage 
began and ended.\7\
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    \7\ See note 1 Supra.
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    The Commission orders: Movants' request for expedited clarification 
is granted in part, and denied in part, as discussed in the body of 
this order.

    By the Commission.
David P. Boergers,
Secretary.
[FR Doc. 99-25921 Filed 10-5-99; 8:45 am]
BILLING CODE 6717-01-M