[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Proposed Rules]
[Pages 62023-62024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24976]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM10-23-000]


Transmission Planning and Cost Allocation by Transmission Owning 
and Operating Public Utilities

September 29, 2010.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking; request for reply comments.

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SUMMARY: On June 17, 2010, the Commission issued a Notice of proposed 
rulemaking (75 FR 37884) proposing to amend the transmission planning 
and cost allocation requirements established in Order No. 890 to ensure 
that Commission-jurisdictional services are provided on a basis that is 
just, reasonable and not unduly discriminatory or preferential. With 
respect to transmission planning, the proposed rule would provide that 
local and regional transmission planning processes account for 
transmission needs driven by public policy requirements established by 
state or federal laws or regulations; improve coordination between 
neighboring transmission planning regions with respect to interregional 
facilities; and remove from Commission-approved tariffs or agreements a 
right of first refusal created by those documents that provides an 
incumbent transmission provider with an undue advantage over a 
nonincumbent transmission developer. Neither incumbent nor nonincumbent 
transmission facility developers should, as a result of a Commission-
approved tariff or agreement, receive different treatment in a regional 
transmission planning process. Further, both should share similar 
benefits and obligations commensurate with that participation, 
including the right, consistent with state or local laws or 
regulations, to construct and own a facility that it sponsors in a 
regional transmission planning process and that is selected for 
inclusion in the regional transmission plan. With respect to cost 
allocation, the proposed rule would establish a closer link between 
transmission planning processes and cost allocation and would require 
cost allocation methods for intraregional and interregional 
transmission facilities to satisfy newly established cost allocation 
principles. The Commission is providing interested persons an 
opportunity to file reply comments on the proposed rule.

DATES: Reply comments to the proposed rule published June 30, 2010 (75 
FR 37884) are due November 12, 2010.

ADDRESSES: You may submit reply comments, identified by Docket No. 
RM10-23-000, by any of the following methods:
     Agency Web Site: http://www.ferc.gov. Documents created 
electronically using word processing software should be filed in native 
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments 
electronically must mail or hand deliver an original and 14 copies of 
their comments to: Federal Energy Regulatory Commission, Office of the 
Secretary, 888 First Street, NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT: Russell Profozich (Technical 
Information), Office of Energy Policy and Innovation, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 
Telephone: (202) 502-6478, E-mail: [email protected].
    John Cohen (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, Telephone: (202) 502-8705, E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Notice Establishing Reply Comment Period

    On September 28, 2010, Western Independent Transmission Group filed 
a motion to establish a period for filing reply comments to the 
Commission's Notice of Proposed Rulemaking issued June 17, 2010, in the 
above-docketed proceeding.\1\
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    \1\ 131 FERC ] 61,253 (2010).
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    The period for filing initial comments in this proceeding ran 
through September 29, 2010. Upon

[[Page 62024]]

consideration, the Commission establishes a period for filing reply 
comments in this proceeding, which will run to and including November 
12, 2010.
    Any interested person may file a reply to initial comments made by 
other interested persons in this proceeding. Reply comments should not 
raise new arguments that are not directly responsive to arguments 
presented in initial comments, nor should a reply be repetitive of 
arguments that an interested person made in its initial comments.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24976 Filed 10-6-10; 8:45 am]
BILLING CODE 6717-01-P