[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18569-18572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7000]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35 and 37

[Docket Nos. RM05-17-000 and RM05-25-000; Order No. 890]


Preventing Undue Discrimination and Preference in Transmission 
Service

Issued April 6, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.

[[Page 18570]]


ACTION: Final rule; Notice of electronic filing guidelines.

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SUMMARY: On February 16, 2007, the Federal Energy Regulatory Commission 
issued Order No. 890, which amended the regulations and the pro forma 
open access transmission tariff (OATT). This notice contains guidelines 
for the electronic submission of OATT tariffs and other information 
required by Order No. 890.

DATES: Effective Date: These guidelines became effective on April 6, 
2007.

FOR FURTHER INFORMATION CONTACT: 
Daniel Hedberg (Technical Information), Office of Energy Markets and 
Reliability, Federal Energy Regulatory Commission, 888 First Street, 
NE., Washington, DC 20426, (202) 502-6243.
W. Mason Emnett (Legal Information), Office of the General Counsel--
Energy Markets, Federal Energy Regulatory Commission, 888 First Street, 
NE., Washington, DC 20426, (202) 502-6540.
Kathleen Barr[oacute]n (Legal Information), Office of the General 
Counsel--Energy Markets, Federal Energy Regulatory Commission, 888 
First Street, NE., Washington, DC 20426, (202) 502-6461.

SUPPLEMENTARY INFORMATION:

Notice of Electronic Filing Guidelines for Open Access Transmission 
Tariffs and Related Filings Pursuant to Commission Order No. 890 and 18 
CFR Part 35 and 37

    On February 16, 2007, the Federal Energy Regulatory Commission 
issued Order No. 890,\1\ which amends the regulations and the pro forma 
open access transmission tariff (OATT) to ensure that transmission 
services are provided on a basis that is just, reasonable and not 
unduly discriminatory or preferential.
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    \1\ Preventing Undue Discrimination and Preference in 
Transmission Service, Order No. 890, 72 FR 12266 (March 15, 2007), 
FERC Stats. & Regs. ] 31,241 (2007), reh'g pending.
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    This document contains guidelines for the electronic submission of 
OATT tariffs and other information required by Order No. 890. The table 
attached to the guidelines includes specific filing instructions and 
references to the pertinent paragraph(s) in Order No. 890 for each type 
of submission.
    The Commission's electronic filing system can be accessed on its 
Web site at: http://www.ferc.gov/docs-filing/docs-filing.asp. An 
eRegistration account is required for all persons logging in to the 
system and for persons who will be listed as a primary contact or 
person responsible for the filing. At the present time, only public 
information can be submitted via the efiling system. However, all Order 
No. 890 OATT filings are considered public. The Commission prefers 
filings in text-searchable formats.
    The electronic filing guidelines attached to this notice will also 
be available on the Commission's Web site at http://www.ferc.gov/help/how-to.asp and updated when necessary.

Philis J. Posey,
Acting Secretary.

Filing Guidelines for Open Access Transmission Tariffs and Related 
Filings Pursuant to Commission Order No. 890 and 18 CFR Part 35 and 37

    On February 16, 2007, the Federal Energy Regulatory Commission 
issued Order No. 890,\2\ which amends the regulations and the pro forma 
open access transmission tariff (OATT) adopted in Order Nos. 888 \3\ 
and 889 \4\ to ensure that transmission services are provided on a 
basis that is just, reasonable and not unduly discriminatory or 
preferential.
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    \2\ Preventing Undue Discrimination and Preference in 
Transmission Service, Order No. 890, 72 FR 12266 (March 15, 2007), 
FERC Stats. & Regs. ] 31,241 (2007), reh'g pending.
    \3\ Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities; Recovery 
of Stranded Costs by Public Utilities and Transmitting Utilities, 
Order No. 888, 61 FR 21540 (May 10, 1996), FERC Stats. & Regs. ] 
31,036 (1996), order on reh'g, Order No. 888-A, 62 FR 12274 (Mar. 
14, 1997), FERC Stats. & Regs. ] 31,048 (1997), order on reh'g, 
Order No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g, Order No. 
888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part sub nom. 
Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C. 
Cir. 2000) (TAPS v. FERC), aff'd sub nom. New York v. FERC, 535 U.S. 
1 (2002).
    \4\ Open Access Same-Time Information System (Formerly Real-Time 
Information Networks) and Standards of Conduct, Order No. 889, 61 FR 
21737 (May 10, 1996), FERC Stats. & Regs. ] 31,035 (1996), order on 
reh'g, Order No. 889-A, FERC Stats. & Regs. ] 31,049 (1997), order 
on reh'g, Order No. 889-B, 81 FERC ] 61,253 (1997).
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    This document contains guidelines for the electronic submission of 
OATT tariffs and other information required by Order No. 890. The 
attached table includes specific filing guidelines and references to 
the pertinent paragraph(s) in Order No. 890 for each type of 
submission.
    The Commission's electronic filing system can be accessed on its 
web site at: http://www.ferc.gov/docs-filing/docs-filing.asp. An 
eRegistration account is required for all persons logging in to the 
system and for persons who will be listed as a primary contact or 
person responsible for the filing. At the present time, only public 
information can be submitted via the efiling system. However, all Order 
No. 890 OATT filings are considered public.
    The Commission prefers filings in text-searchable formats. Our 
standard word processing application is MS Word, but the efiling system 
can also accept documents in WordPerfect and PDF formats. The 
Commission will add notice of these filings to its Combined Notice of 
Filing Report, so it is not necessary to include a ``Form of Notice'' 
file as part of an Order No. 890 OATT compliance submission.
    The general eFiling procedure for Order No. 890 compliance OATT 
efilings is:
    1. For Order No. 890 OATT compliance related submissions, the 
header of the document should contain OA07----000 (or OA08 after 
September 30, 2007) unless you are filing a correction or supplement to 
a previously assigned OA docket. NERC/NAESB submissions should refer to 
RM05-17 and RM05-25.
    2. Select the filing type ``Order No. 890 OATT''. For NERC/NAESB 
status reports only, select ``Production of Document''.
    3. On the Select Docket screen, enter OA07-1 in the docket number 
search block and select OA7-1-000 from the search results. A new OA 
Docket will be assigned to your submission. For NERC/NAESB status 
reports only, query and select dockets RM05-17 and RM05-25.
    4. Before you browse, select, and attach the file(s) make sure that 
the file name is less than 25 characters and contains no spaces or 
special characters. There is a maximum number of 10 files per session 
and no file should be larger than 10 Mb.
    5. On the Submission Description Screen, modify the default 
description:
    (1) For OATT submissions, replace ``Order No. 890 OATT'' with the 
description information in the table for the appropriate filing type, 
or a comparable description, to describe your submission.
    (2) For NERC/NAESB status reports only, replace ``Production of 
Document'' with the description information in the table for the 
appropriate filing type or a comparable description.
    (3) For any amendment or correction to a prior submission, select 
the OA Docket assigned to the prior filing and add ``Correction to'', 
``Supplement to'', or other appropriate indicator to the edited 
description of the filing.
    6. Upon receipt, the eFiling system will send a Confirmation of 
Receipt e-mail to the e-mail address for the log in account.
    Order No. 890 OATT submissions will be stored in eLibrary in the 
``Electric'' library with Class =

[[Page 18571]]

Application/Petition/Request, Type = Tariff Filing, and the OA docket 
number assigned to the submission.
    NERC/NAESB status reports will be stored in the ``Electric'' 
library with Class = Status Report, Type = Status Report, and docket 
numbers RM05-17 and RM05-25.
    Please be advised that all voluntary section 205 OATT related 
filings proposing variations from the non-rate terms and conditions 
contained in the pro forma OATT adopted in Order No. 890 will continue 
to be assigned ER Docket Numbers and will not be assigned OA Docket 
Numbers associated with the implementation of the Order No. 890 
compliance filings.\5\
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    \5\ With the exception of the optional section 205 
implementation filing described in Order No. 890 at P 138-139.

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  Deadline: Days from Mar. 15, 2007  (FR                                                            Final rule
               publication)                                  Compliance action                     paragraph No.
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30 Days, or April 16, 2007...............  Optional Implementation FPA section 205 filings                 ] 139
                                            allowing transmission providers to propose
                                            previously approved variations from the pro forma
                                            OATT that have been affected by pro forma OATT Final
                                            Rule reforms to remain in effect subject to a
                                            demonstration that such variations continue to be
                                            consistent with or superior to the revised Final
                                            Rule pro forma OATT (non RTO/ISO transmission
                                            providers). Such optional filings must request a 90
                                            day effective date to facilitate Commission review
                                            under section 205.
                                           Filing Type: Order No. 890 OATT.
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: Implementation FPA section 205 filing.
60 days, or May 14, 2007.................  Non-ISO/RTO transmission providers submit FPA section           ] 135
                                            206 filings that contain the non-rate terms and
                                            conditions set forth in Final Rule. These filings
                                            need only contain the revised provisions adopted in
                                            the Final Rule. Transmission providers utilizing the
                                            optional Implementation FPA section 205 filing
                                            described above, need only submit tariff sheets
                                            necessary to implement the remaining modifications
                                            required under the Final Rule, i.e., modifications
                                            related to tariff provisions that did not implicate
                                            previously-approved variations.
                                           Filing Type: Order No. 890 OATT.
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: FPA section 206 filing with non-rate
                                            terms and conditions.
75 days, or May 29, 2007.................  Transmission Providers must post a ``strawman''                 ] 443
                                            proposal for compliance with each of the nine
                                            planning principles adopted in the Final Rule. This
                                            may be posted on the Transmission Providers Web site
                                            or its OASIS site.
                                           No Filing Requirement with FERC.
90 days, or June 13, 2007................  NERC/NAESB status report and work plan for completion           ] 223
                                            of ATC related business practices and standards..
                                           Filing Type: Production of Document.
                                           File Under Docket RM05-17 and RM05-25.
                                           Description: NERC/NAESB status report and work plan
                                            for completion of ATC related business practices and
                                            standard.
90 days, or June 13, 2007................  NAESB status report and work plan for completion of             ] 141
                                            OASIS functionality or uniform business practices
                                            (other than those related to ATC).
                                           Filing Type: Production of Document.
                                           File Under Docket RM05-17 and RM05-25.
                                           Description: NAESB status report and work plan for
                                            completion of OASIS functionality or uniform
                                            business practices.
120 days, or July 13, 2007...............  Transmission Providers must submit redesigned                   ] 263
                                            transmission charges that reflect the Capacity
                                            Benefit Margin set-aside through a limited issue
                                            section 205 rate filing as part of their initial ATC
                                            related compliance filings.
                                           Filing Type: Order No. 890 OATT.
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: Redesigned Transmission Charges.
180 days, or Sept.11, 2007...............  Submit compliance filings with Attachment C (ATC) of            ] 140
                                            the pro forma OATT.
                                           Filing Type: Order No. 890 OATT.
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: Attachment C Compliance Filing.
210 days, or Oct. 11, 2007...............  ISOs and RTOs, and transmission providers located        ] 157, ] 161
                                            within an ISO/RTO footprint, submit FPA section 206
                                            filings that contain the non-rate terms and
                                            conditions set forth in the Final Rule. These
                                            filings need only contain the revised provisions
                                            adopted in the Final Rule or a demonstration that
                                            previously approved variations continue to be
                                            consistent with or superior to the revised pro forma
                                            OATT.
                                           Filing Type: Order No. 890 OATT.
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: FPA Section 206 Filing With Non-Rate
                                            Terms and Conditions.
210 days, or Oct. 11, 2007...............  Submit compliance filings with Attachment K              ] 140, ] 442
                                            (Planning) of the pro forma OATT or RTOs and ISOs
                                            file a demonstration that their planning processes
                                            are consistent with or superior to the planning
                                            principles in the Final Rule.
                                           Filing Type: Order No. 890 OATT.
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: Attachment K Compliance Filing.
N/A......................................  Transmission Providers must file a revised Attachment           ] 325
                                            C to incorporate any changes to NERC's and NAESB's
                                            reliability and business practice standards to
                                            achieve consistency in ATC within 60 days of
                                            completion of the NERC and NAESB processes.
                                           Filing Type: Order No. 890 OATT.

[[Page 18572]]

 
                                           File Under Docket OA07-1; new OA Docket will be
                                            assigned.
                                           Description: Revised Attachment C Filing.
N/A......................................  After the submission of FPA section 206 compliance              ] 135
                                            filings, transmission providers may submit FPA
                                            section 205 filings proposing rates for the services
                                            provided for in the tariff, as well as non-rate
                                            terms and conditions that differ from those set
                                            forth in the Final Rule if those provisions are
                                            ``consistent with or superior to'' the pro forma
                                            OATT.
                                           Do not eFile. File according to procedures current at
                                            the time of submission for FPA section 205 filings.
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    If you are unable to file electronically, you must submit original 
and 5 paper copies of the filing to: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426.

[FR Doc. E7-7000 Filed 4-12-07; 8:45 am]
BILLING CODE 6717-01-P