[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45854-45856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18874]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM99-2-000]


Regional Transmission Organizations

Issued July 20, 2000.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of guidance for processing Order No. 2000 Filings.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
establishing and clarifying procedures regarding the filings related to 
the formation of Regional Transmission Organizations, as required by 18 
CFR 35.34(c) and 35.34(h). These regulations were adopted in the 
Commission's Order No. 2000. (65 FR 809).

FOR FURTHER INFORMATION CONTACT: Brian R. Gish, Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
(202) 208-0996.

SUPPLEMENTARY INFORMATION:

[[Page 45855]]

Notice of Guidance for Processing Order No. 2000 Filings

    In Order No. 2000,\1\ the Commission issued regulations requiring 
all transmission-owning public utilities to make certain filings.\2\ 
This notice establishes and clarifies procedures related to those 
filings.
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    \1\ Regional Transmission Organizations, Order No. 2000, 65 FR 
809 (January 6, 2000), FERC Stats. and Regs. para. 31,089 (1999), 
order on reh'g, Order No. 2000-A, 65 FR 12,088 (March 8, 2000), FERC 
Stats. and Regs. para. 31,092 (2000).
    \2\ 18 C.F.R. 35.34.
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Timing of Filings

    The regulations establish two deadlines for the required filings. 
Section 35.34(c) sets forth the general rule that filings are due by 
October 15, 2000, and section 35.34(h) establishes January 15, 2001 as 
the deadline for public utilities already participating in approved 
transmission entities.\3\ Attached as an Appendix to this Notice is a 
list of the public utilities that the Commission deems to be within 
section 35.34(h) with a January 15, 2001 filing deadline. All other 
transmission-owning public utilities are subject to the October 15, 
2000 deadline. Of course, any public utility may file before its 
deadline. In addition, transmission-owning non-public utilities who 
wish to voluntarily establish RTOs or join other RTO proposals along 
with public utilities may also voluntarily make filings on or before 
these deadlines.
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    \3\ Because October 15, 2000 falls on a Sunday, and January 15, 
2001 falls on a holiday, the filings are due by close of business on 
October 16, 2000, and January 16, 2001, respectively. See 18 C.F.R. 
Sec. 385.2007(a)(2).
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Docketing of Filings

    Each filing made in compliance with Order No. 2000, whether it is a 
proposal to participate in an RTO or an alternative filing, will 
receive a new docket number designation. The Commission has established 
the new ``RT'' prefix for docket numbers that will be assigned to any 
filing made in compliance with Order No. 2000.

Filing Requirements

    Unless specified differently in this paragraph, the Commission's 
Rules of Practice and Procedure at 18 C.F.R. Part 385 are applicable. 
An original and fourteen copies of each compliance filing must be filed 
with the Commission. For each public utility making a compliance 
filing, the filing must contain the identity of the utility and a 
designation of person to receive service (see 18 C.F.R. 
Sec. 385.203(b)), and be signed by an appropriate person representing 
the utility (see 18 C.F.R. Sec. 385.2005(a)). The filing must be served 
on the State commission or commissions that have jurisdiction over the 
utility filer, and any other State commission in a state that might be 
affected by the filing. In addition, service should be made on any 
person or entity likely to be significantly affected by the filing 
(e.g., current transmission customers of the utilities comprising the 
proposed RTO). A certificate of service listing those served must be 
included (see 18 C.F.R. 385.2010).
    In addition to filing paper copies, the Commission encourages the 
filing of RTO compliance filings electronically, either on computer 
diskette or via Internet E-Mail. Such filings may be filed in the 
following formats: WordPerfect 8.0 or lower version, MS Word Office 97 
or lower version, or ASCII format.
    For diskette filing, include the following information on the 
diskette label: Order No. 2000 compliance filing; the name of the 
filing entity; the software and version used to create the file; and 
the name and telephone number of a contact person.
    For Internet E-Mail submittal, filings should be submitted to 
[email protected] in the following format. On the subject line, specify 
Order No. 2000 compliance filing. In the body of the E-Mail message, 
include the name of the filing entity; the software and version used to 
create the file, and the name and telephone number of the contact 
person. Attach the filing to the E-Mail in one of the formats specified 
above. The Commission will send an automatic acknowledgment to the 
sender's E-Mail address upon receipt. Questions on electronic filing 
should be directed to Brooks Carter at 202-501-8145, E-Mail address 
[email protected].
    Filers should take note that, until the Commission amends its rules 
and regulations, the paper copy of the filing remains the official copy 
of the document submitted. Therefore, any discrepancies between the 
paper filing and the electronic filing or the diskette will be resolved 
by reference to the paper filing.

Commenting on Filings

    A public notice will be issued for all compliance filings. The 
notice will establish a comment period of approximately 30 days for all 
interested persons to comment on each filing.

Joint Filings

    The Commission reminds public utilities that the regulations allow 
for compliance filings to be made individually or jointly with other 
entities. Thus, where two or more public utilities are proposing to 
participate in the same RTO, the Commission encourages one joint 
filing. In the case of joint filings, it should be made clear which 
entities are participating in that filing. There must be separate 
representatives designated and separate authorizing signatures for any 
public utility for which a joint filing represents its required 
compliance filing. For approved transmission institutions, the 
transmission institution (e.g., an approved ISO) may make the filing on 
behalf of the member transmission owners, but each public utility 
transmission owning member must provide separate authorizing 
signatures.

Filings Containing Milestones For Finalization

    In Order No. 2000, the Commission recognized that some elements of 
an RTO proposal may be more difficult to fully implement than others. 
For example, with respect to function 7 (planning and expansion) and 
function 8 (interregional coordination), the regulations permit an 
extension beyond initial operation for full implementation of these 
functions. In these types of instances, where the Commission has 
adopted a period of implementation beyond the date of initial 
operation, we remind filers that they must provide an explanation of 
their plans for compliance, including dates of anticipated 
implementation.

Format For Filing

    To make reviewing filings more efficient, we request that filings 
proposing an RTO contain an executive summary limited to no more than 
five pages. We also request that the filings address each of the 
required characteristics and functions in the order set forth in the 
regulations, followed by the support for any additional Federal Power 
Act sections 203 and 205 filings required to implement the RTO 
proposal. We recognize that there may be overlap in the discussions of 
the characteristics and functions, since proposals may have to support 
various elements in relation to how those elements allow the RTO to 
carry out others, e.g., one measure of appropriate scope and 
configuration is how well the RTO can perform congestion management. 
Thus, to the extent it is necessary to discuss more than one 
characteristic or function together, we request that an identifying 
cross-reference be used so that the reader can easily find the 
discussion of a particular characteristic or function of interest.

[[Page 45856]]

Filings by Small Entities

    The Commission reminds public utilities that have limited 
transmission facilities and that have previously been granted waiver of 
some or all of the requirements of Order Nos. 888 or 889, that an 
abbreviated filing is acceptable.\4\ The Commission does not wish to 
burden these small entities with extensive filings, but will find it 
useful to know the status of all transmission-owning public utilities 
with respect to regional participation.
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    \4\ See Order No. 2000-A, FERC Stats. & Regs. at 31,392-93.

    By direction of the Commission.
David P. Boergers,
Secretary.

Appendix--Public Utilities Required to File on or before January 15, 
2001

California Independent System Operator (ISO)

Pacific Gas and Electric Company
San Diego Gas & Electric Company
Southern California Edison Company

ISO New England, Inc.

Bangor Hydro-Electric Company
Boston Edison Company
Cambridge Electric Light Company
Central Maine Power Company
Central Vermont Public Service Corporation
Commonwealth Electric Company
Fitchburg Gas & Electric Light Company
Green Mountain Power Corporation
Montaup Electric Company
New England Power Company
Connecticut Light & Power Company
Western Massachusetts Electric Company
Holyoke Water Power Company
Holyoke Power and Electric Company
Public Service Company of New Hampshire
North Atlantic Energy Corporation
United Illuminating Company
Vermont Electric Power Company

Midwest ISO

Central Illinois Public Service Company
Cincinnati Gas & Electric Company
Commonwealth Edison Company
Commonwealth Edison Company of Indiana
Illinois Power Company
Kentucky Utilities Company
Louisville Gas & Electric Company
PSI Energy, Inc.
Union Electric Company
Wisconsin Electric Power Company

New York ISO

Central Hudson Gas & Electric Corporation
Consolidated Edison Company of New York, Inc.
New York State Electric & Gas Corporation
Niagara Mohawk Power Corporation
Orange & Rockland Utilities, Inc.
Rochester Gas & Electric Corporation

PJM Interconnection, LLC

Atlantic City Electric Company
Baltimore Gas and Electric Company
Delmarva Power & Light Company
Jersey Central Power & Light Company
Metropolitan Edison Company
Pennsylvania Electric Company
Pennsylvania Power & Light Company
Potomac Electric Power Company
Public Service Electric & Gas Company

Alliance Companies

Appalachian Power Company
Columbus Southern Power Company
Indiana Michigan Power Company
Kanawha Valley Power Company
Kentucky Power Company
Kingsport Power Company
Ohio Power Company
Wheeling Power Company
Consumers Energy Company
Detroit Edison Company
Cleveland Electric Illuminating Company
Ohio Edison Company
Pennsylvania Power Company
Toledo Edison Company
Virginia Electric and Power Company
[FR Doc. 00-18874 Filed 7-25-00; 8:45 am]
BILLING CODE 6717-01-P