[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Proposed Rules]
[Pages 45096-45104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17745]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / 
Proposed Rules  

[[Page 45096]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 38

[Docket No. RM05-5-022]


Standards for Business Practices and Communication Protocols for 
Public Utilities

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to 
incorporate by reference in its regulations Version 003 of the 
Standards for Business Practices and Communication Protocols for Public 
Utilities adopted by the Wholesale Electric Quadrant (WEQ) of the North 
American Energy Standards Board (NAESB). These standards modify NAESB's 
WEQ Version 002 and Version 002.1 Standards.

DATES: Comments are due September 24, 2013.

ADDRESSES: Comments, identified by Docket No. RM05-5-022, may be filed 
in the following ways:
     Electronic Filing through 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: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: 
Tony Dobbins (technical issues), Office of Energy Policy and 
Innovation, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, (202) 502-6630.
Gary D. Cohen (legal issues), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426, (202) 502-8321.

SUPPLEMENTARY INFORMATION:

Notice of Proposed Rulemaking

                            Table of Contents
 
                                                               Paragraph
                                                                 Nos.
 
I. Background...............................................           3
II. Discussion..............................................          10
    A. Revisions to OASIS Standards Made To Comply With               12
     Order No. 890 Objectives and Requirements..............
        1. Service Across Multiple Transmission Systems               12
         (SAMTS)............................................
        2. Network Integration Transmission Service (NITS)..          13
        3. Rollover Rights for Redirects....................          14
        4. Redirect Requests and Available Transfer Capacity          15
         (ATC) Credit.......................................
        5. OASIS Introduction and Applicability Sections....          16
        6. Commission Proposal..............................          16
    B. Revisions to OASIS Standards Not Related to Order No.          16
     890 Objectives and Requirements........................
    C. Other Standards......................................          18
        1. Coordinate Interchange Standards.................          18
        2. Gas/Electric Coordination Standards..............          18
        3. Public Key Infrastructure (PKI) Standards........          19
        4. Smart Grid Standards.............................          22
        5. Standards Related to Terms, Definition and                 24
         Acronyms...........................................
        6. Commission Proposal..............................          24
    D. Implementation.......................................          24
III. Notice of Use of Voluntary Consensus Standards.........          25
IV. Information Collection Statement........................          26
V. Environmental Analysis...................................          30
VI. Regulatory Flexibility Act Certification................          30
VII. Comment Procedures.....................................          32
VIII. Document Availability.................................          33
 

144 FERC ] 61,026

(Issued July 18, 2013.)
    1. In this notice of proposed rulemaking (NOPR), the Federal Energy 
Regulatory Commission (Commission) proposes to amend its regulations 
under the Federal Power Act \1\ to incorporate by reference, with 
certain enumerated exceptions, the latest version of the Standards for 
Business Practices and Communication Protocols for Public Utilities 
(Version 003) adopted by the Wholesale Electric Quadrant (WEQ) of the 
North American Energy Standards Board (NAESB) and filed with the 
Commission as a package on September 18, 2012 (September 18 Filing), as 
modified in a report filed with the Commission on January 30, 2013.
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    \1\ 16 U.S.C. 791a, et seq.

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[[Page 45097]]

    2. These revised standards update earlier versions of these 
standards that the Commission previously incorporated by reference into 
its regulations at 18 CFR 38.2. These new and revised standards include 
modifications to support Order Nos. 890, 890-A, 890-B and 890-C,\2\ 
including the standards to support Network Integration Transmission 
Service on an Open Access Same-Time Information System (OASIS), Service 
Across Multiple Transmission Systems (SAMTS), standards to support the 
Commissions policy regarding rollover rights for redirects on a firm 
basis, standards that incorporate the functionality for transmission 
providers to credit redirect requests with the capacity of the parent 
reservation and standards modifications to support consistency across 
the OASIS-related standards.
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    \2\ Preventing Undue Discrimination and Preference in 
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241 
(2007), order on reh'g, Order No. 890-A, FERC Stats. & Regs. ] 
31,261 (2007), order on reh'g, Order No. 890-B, 123 FERC ] 61,299 
(2008), order on reh'g and clarification, Order No. 890-C, 126 FERC 
] 61,228 (2009) (Order No. 890-C). The Version 002 standards also 
included revisions made in response to Order No. 890 (see infra P 
11).
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    3. The Version 003 Standards also include modifications to the 
OASIS-related standards that NAESB states support Order Nos. 676, 676-
A, 676-E and 717 and add consistency.\3\ In addition, NAESB states that 
it made modifications to the Coordinate Interchange standards to 
compliment the updates to the e-Tag specifications,\4\ modifications to 
the Gas/Electric Coordination standards to provide consistency between 
the two markets \5\ and re-organized and revised definitions to create 
a standard set of terms, definitions and acronyms applicable to all 
NAESB WEQ standards.\6\ NAESB states that the Version 003 Standards 
also include standards related to Demand Side Management and Energy 
Efficiency,\7\ which the Commission incorporated by reference in Docket 
No. RM05-5-020 \8\ after NAESB filed its Version 003 report, and Smart 
Grid-related standards that NAESB previously filed with the Commission 
in Docket No. RM05-5-021.\9\
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    \3\ Standards for Business Practices and Communication Protocols 
for Public Utilities, Order No. 676, FERC Stats. & Regs. ] 31,216, 
(2006), reh'g denied, Order No. 676-A, 116 FERC ] 61,255 (2006), 
Final Rule, Order No. 676-B, FERC Stats. & Regs. ] 31,246 (2007), 
Final Rule, Order No. 676-C, FERC Stats. & Regs. ] 31,274 (2008), 
order granting clarification and denying reh'g, Order No. 676-D, 124 
FERC ] 61,317 (2008), Final Rule, Order No. 676-E, FERC Stats. & 
Regs. ] 31,299 (2009) (Order No. 676-E); Standards of Conduct for 
Transmission Providers, Order No. 717, FERC Stats. & Regs. ] 31,280 
(2008) (Order No. 717).
    \4\ September 18 Filing, transmittal at 2 (citing NAESB WEQ 
Electronic Tagging--Functional Specifications, Version 1.8.1).
    \5\ Id.
    \6\ Id.
    \7\ Id.
    \8\ Standards for Business Practices and Communication Protocols 
for Public Utilities, Order No. 676-G, 78 FR 14654 (Mar. 7, 2013), 
FERC Stats. & Regs. ] 31,343 (Feb. 21, 2013). In this rule, the 
Commission incorporated by reference into its regulations updated 
business practice standards adopted by NAESB's WEQ to categorize 
various products and services for demand response and energy 
efficiency and to support the measurement and verification of these 
products and services in organized wholesale electric markets. These 
same standards are included without revision in the Version 003 
standards.
    \9\ These standards were originally cited in a NAESB July 2011 
report filed with the Commission and were resubmitted as part of WEQ 
Version 003. See Report of the North American Energy Standards Board 
on Smart Grid Related Standards, Docket No. RM05-5-021 (filed July 
7, 2011); NAESB September 18 Filing at 2.
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I. Background

    4. NAESB is a non-profit standards development organization 
established in January 2002 that serves as an industry forum for the 
development and promotion of business practice standards that promote a 
seamless marketplace for wholesale and retail natural gas and 
electricity. Since 1995, NAESB and its predecessor, the Gas Industry 
Standards Board, have been accredited members of the American National 
Standards Institute (ANSI), complying with ANSI's requirements that its 
standards reflect a consensus of the affected industries.
    5. NAESB's standards include business practices that streamline the 
transactional processes of the natural gas and electric industries, as 
well as communication protocols and related standards designed to 
improve the efficiency of communication within each industry. NAESB 
supports all four quadrants of the gas and electric industries--
wholesale gas, wholesale electric, retail gas, and retail electric. All 
participants in the gas and electric industries are eligible to join 
NAESB and participate in standards development.
    6. NAESB develops its standards under a consensus process so that 
the standards draw support from a wide range of industry members. 
NAESB's procedures are designed to ensure that all industry members can 
have input into the development of a standard, whether or not they are 
members of NAESB, and each standard NAESB adopts is supported by a 
consensus of the relevant industry segments. Standards that fail to 
gain consensus support are not adopted.
    7. In Order No. 676, the Commission not only adopted business 
practice standards and communication protocols for the wholesale 
electric industry, it also established a formal ongoing process for 
reviewing and upgrading the Commission's OASIS standards and other 
wholesale electric industry business practice standards. In later 
orders in this series, the Commission incorporated by reference: (1) 
The Version 001 Business Practice Standards; \10\ (2) the Version 002.1 
Business Practice Standards; \11\ (3) business practice standards 
categorizing various demand response products and services; \12\ and 
(4) OASIS-related Business Practice Standards related to Demand Side 
Management and Energy Efficiency.\13\
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    \10\ Standards for Business Practices and Communication 
Protocols for Public Utilities, Order No. 676-C, FERC Stats. & Regs. 
] 31,274, reh'g denied, Order No. 676-D, 124 FERC ] 61,317 (2008).
    \11\ Standards for Business Practices and Communication 
Protocols for Public Utilities, Order No. 676-E, FERC Stats. & Regs. 
] 31,299 (2009). This order also incorporated revisions made in 
response to Order Nos. 890, 890-A, and 890-B.
    \12\ Standards for Business Practices and Communication 
Protocols for Public Utilities, Order No. 676-F, FERC Stats. & Regs. 
] 31,309 (2010).
    \13\ Order No. 676-G, see supra n.8.
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    8. In Order No. 890, the Commission revisited the pro forma Open 
Access Transmission Tariff (OATT) first established in Order No. 888 
\14\ and adopted a revised pro forma OATT designed to better achieve 
the objectives of preventing undue discrimination and providing greater 
specificity and transparency. In later orders in this series, the 
Commission affirmed, with clarifications, the basic findings that it 
made in Order No. 890.
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    \14\ 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, FERC Stats. & Regs. ] 31,036 (1996), order on reh'g, 
Order No. 888-A, 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. 2002), aff'd sub nom. New York v. FERC, 535 U.S. 1 
(2002).
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    9. A number of the findings made by the Commission in the Order No. 
890 series of orders necessitated revisions to the Business Practice 
Standards for Public Utilities so that there would be no inconsistency 
between the requirements of Order No. 890 and the Business Practice 
Standards. Accordingly, NAESB set up a work project to review the 
existing business practice standards, identify which standards would 
need revision to prevent any inconsistencies with the Order No. 890 
requirements, and develop and adopt the needed revised standards. Those 
revised standards form

[[Page 45098]]

part of the package of revisions included in the WEQ Version 003 
Standards. These revisions are in addition to the Order No. 890-related 
revisions incorporated by reference in Order No. 676-E.
    10. In total, NAESB's WEQ Version 003 business practice standards 
include the following standards: \15\
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    \15\ All of the standards were filed with the Commission as a 
package on September 18, 2012 and were modified on January 30, 2013.
    \16\ With the exception of standards WEQ 009 and 010, which are 
unchanged from Versions 002 and 002.1, NAESB's Version 003 Report 
adopts revisions to multiple subsections of each of the WEQ 
standards listed.

------------------------------------------------------------------------
            WEQ \16\                  Standards & models related to:
------------------------------------------------------------------------
000............................  Abbreviations, Acronyms, and Definition
                                  of Terms, Version 003.
001............................  Open Access Same-Time Information
                                  System (OASIS), Version 003.
002............................  OASIS Standards and Communication
                                  Protocols (S&CP), Version 003.
003............................  OASIS S&CP Data Dictionaries.
004............................  Coordinate Interchange.
005............................  ACE Equation Special Cases.
006............................  Manual Time Error Corrections.
007............................  Inadvertent Interchange Payback.
008............................  Transmission Loading Relief.
009............................  Standards of Conduct.
010............................  Contracts Related Standards.
011............................  Gas/Electric Coordination.
012............................  Public Key Infrastructure (PKI).
013............................  OASIS Implementation Guide.
014............................  WEQ/WGQ eTariff Related Standards.
015............................  Measurement and Verification of
                                  Wholesale Electricity Demand Response.
016............................  Specifications for Common Electricity
                                  Product and Pricing Definition.
017............................  Specifications for Common Schedule
                                  Communication Mechanism for Energy
                                  Transactions.
018............................  Specifications for Wholesale Standard
                                  Demand Response Signals.
019............................  Customer Energy Usage Information
                                  Communication.
020............................  Smart Grid Standards Data Element
                                  Table.
021............................  Measurement and Verification of Energy
                                  Efficiency Products.
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    11. The Version 003 standards include five categories of standards 
not previously incorporated by reference by the Commission that were 
developed by NAESB in response to the Order No. 890 series of orders. 
These include: (1) Standards that NAESB previously submitted to support 
SAMTS;\17\ (2) part two of the standards modifications to the WEQ-001-
9.7 Business Practice Standard requested in FERC Order No. 890-A\18\ 
related to rollover rights to requests for redirect on a firm basis; 
(3) the WEQ-001-9.1.3.1 and WEQ-001-10.3.1.1 Business Practice 
standards that provide for transmission providers to process redirect 
requests in a manner in which the request would be processed in a 
manner that counts the available transfer capability encumbered by the 
parent reservation as available for the redirected request; \19\ (4) 
standards to support Network Integration Transmission Service on the 
OASIS; \20\ and (5) standards modifications to support consistency 
across the NAESB OASIS standards.\21\
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    \17\ See September 18 Filing at 3 & n.13 (citing submittal of 
NAESB Standards Development to Support Coordination of Requests for 
Transmission Service Across Multiple Transmission Systems (Docket 
No. RM05-5-013) on October 7, 2011, with minor corrections on 
January 25, 2012).
    \18\ See September 18 Filing at 3 (citing NAESB WEQ Business 
Practices Standards Crediting Redirect Requests with the Capacity of 
the Parent Reservation).
    \19\ Id. at 3.
    \20\ Id.
    \21\ Id.
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    12. In Order No. 717, the Commission made several modifications 
related to the posting requirements associated with the Standards of 
Conduct. Specifically, the Commission discontinued the requirement for 
public utilities to post standards of conduct information on their 
OASIS sites.\22\ In response, WEQ's Business Practice Subcommittee 
modified the WEQ-001, WEQ-002 and WEQ-003 Business Practice Standards 
to remove reference to the standards of conduct-related obligations 
with the exception of a few template structures that may be implemented 
at the option of the transmission provider. WEQ's OASIS Subcommittee 
also modified standards WEQ-013-2.6.81 and WEQ-013-2.6.82 to clarify 
the listing of service types, modified standards WEQ-001-14.1.3 and 
WEQ-001-15.1.2 regarding the timing of required postings of narratives, 
and made modifications to standards WEQ-001, WEQ-002 and WEQ-003 
(concerning standards of conduct posting requirements) in response to 
Order No. 717.
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    \22\ Order No. 717, FERC Stats. & Regs. ] 31,280 at PP 213-218 
and PP 235-239.
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    13. The Joint Electric Scheduling Subcommittee (JESS), a standing 
joint subcommittee made up of participants from NAESB and the North 
American Electric Reliability Corporation (NERC), has been tasked with 
coordinating efforts to maintain and modify, as needed, the coordinate 
interchange business practice standards in WEQ-004 with their 
associated reliability standards. JESS now leads the effort to 
harmonize the Coordinate Interchange (WEQ-004) standards with the WEQ-
001, WEQ-003 and WEQ-013 Business Practice Standards in light of 
revisions made to the Electronic Tagging Functional Specification, 
previously maintained by NERC, and now maintained and updated, as 
needed, by NAESB. The WEQ adopted additional modifications to the WEQ-
004 standards to use abbreviations, acronyms, definitions and terms 
consistent with those in Standard WEQ-000 and to provide consistency 
across all WEQ standards.
    14. WEQ adopted modifications to support consistency between the 
WEQ business practice standards and the Wholesale Gas Quadrant (WGQ) 
Gas/Electric Coordination standards. In addition, WEQ made 
modifications to the business practice standards to harmonize the terms 
and definitions contained within the WEQ business practice standards 
with the definitions of those terms used in the business practice 
standards for other quadrants. These changes were also coordinated to 
be consistent with definitions and terms contained in the NERC 
Glossary.
    15. Also included in the WEQ Version 003 standards are standards 
developed to support Smart Grid applications as well as standards 
related to the measurement and verification of Demand Response (DR) and 
Energy Efficiency (EE) products. These standards have been referenced 
in earlier reports filed with the Commission before the completion of 
the WEQ Version 003 standards. The Smart Grid application standards had 
been referenced in a report filed with the Commission on July 7, 2011 
in Docket No. RM05-5-021. The DR and EE measurement and verification 
standards were referenced in a report filed with the Commission on May 
2, 2011 in Docket No. RM05-5-021 and have been the subject of 
Commission action.\23\
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    \23\ Standards for Business Practices and Communication 
Protocols for Public Utilities, Order No. 676-G, 78 FR 14654 (Mar. 
7, 2013), FERC Stats. & Regs. ] 31,343 (Feb. 21, 2013).
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    16. Finally, NAESB's September 18 Filing includes an interpretation 
of standards WEQ-001-9.1 and WEQ-001-10.1 and recites the results of a 
quadrant wide effort to provide a common location for all 
abbreviations, acronyms and definitions of terms that created the WEQ-
000 Business Practice Standards and addresses both internal 
inconsistencies and inconsistencies between the standards and terms and 
definitions in the NERC Glossary.

II. Discussion

    17. As discussed below, with certain enumerated exceptions, we 
propose to

[[Page 45099]]

incorporate by reference (into the Commission's regulations at 18 CFR 
38.2) the NAESB WEQ Version 003 standards.\24\ The Version 003 
standards will update the Version 002.1 standards currently 
incorporated by reference into the Commission's regulations.\25\
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    \24\ Consistent with our past practice, we do not propose to 
incorporate by reference into the Commission's regulations the 
following standards: Standards of Conduct for Electric Transmission 
Providers (WEQ-009); Contracts Related Standards (WEQ-010); and WEQ/
WGQ eTariff Related Standards (WEQ-014). We do not propose to 
incorporate by reference standard WEQ-009 because it contains no 
substantive standards and merely serves as a placeholder for future 
standards. We do not propose to incorporate by reference standard 
WEQ-010 because this standard contains an optional NAESB contract 
regarding funds transfers and the Commission does not require 
utilities to use such contracts. In addition, we do not propose to 
incorporate by reference standard WEQ-014, eTariff Related 
Standards, because the Commission already has adopted standards and 
protocols for electronic tariff filing based on the NAESB standards. 
See Electronic Tariff Filings, Order No. 714, FERC Stats. & Regs. ] 
31,276 (2008). Also, we do not propose to incorporate by reference 
NAESB's interpretation of its standards on Gas/Electric Coordination 
(WEQ-011). While interpretations may provide useful guidance, 
NAESB's interpretations are not binding on the Commission and we 
will not require utilities to comply with those interpretations 
(although we will require compliance with all the standards that we 
incorporate by reference into the Commission's regulations). 
Additionally, as discussed more specifically the NITS section below, 
we do not propose to incorporate by reference certain portions of 
WEQ-001.
    \25\ See supra n.11.
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    18. We note that, in a separate rulemaking (in Docket No. RM13-17-
000) being issued concurrently with this NOPR, the Commission is 
proposing new standards on coordination between natural gas and 
electricity markets. Depending on the outcome of that proceeding, we 
are considering situating the incorporation by reference that we are 
proposing in this NOPR in a different section in Part 38 than section 
38.2. This should not, however, affect the substance of our proposal.

A. Revisions to OASIS Standards Made To Comply With Order No. 890 
Objectives and Requirements

    19. In the NAESB WEQ Version 003 standards, NAESB has developed new 
standards and revised existing standards designed to ensure consistency 
with certain policies articulated by the Commission in Order Nos. 890, 
890-A and 890-B.
1. Service Across Multiple Transmission Systems (SAMTS)
    20. The SAMTS business practice standards were developed to provide 
a process for customers to complete cross-regional transactions in 
response to the Commission's requirement that transmission providers 
develop business practice standards in this area.\26\ SAMTS-related 
standards include modified and added terms in the Abbreviations, 
Acronyms and Definition of Terms (newly created WEQ-000), OASIS 
Business Practice Standards (WEQ-001), OASIS Standards and 
Communication Protocols (WEQ-002), OASIS Data Dictionary (WEQ-003), and 
the OASIS Implementation Guide (WEQ-013). The SAMTS standards address 
the coordination of point-to-point transmission service and/or network 
transmission service requests across multiple transmission systems. The 
process requires each affected provider to independently evaluate its 
portion of the linked request with the opportunity for reconciliation 
by the customer once all evaluations are complete. The customer 
communicates reconciled information to each of the affected providers.
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    \26\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 1377.
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2. Network Integration Transmission Service (NITS)
    21. Network Integration Transmission Service allows a Network 
Customer to integrate, economically dispatch and regulate its current 
and planned Network Resources to serve its Network Load in a manner 
comparable to the way a Transmission Provider uses its Transmission 
System to serve its Native Load Customers.\27\ The Commission required 
that utilities use OASIS to request designation of new network 
resources and to terminate designation of network resources.\28\ In 
response to this requirement as well as other directives within Order 
No. 890 \29\ and subsequent orders,\30\ NAESB's WEQ Executive Committee 
adopted business practice standards to support the OASIS functionality 
associated with NITS. These new and revised standards fall within the 
WEQ-000, WEQ-001, WEQ-002 and WEQ-003 Business Practice Standards.
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    \27\ Order No. 890, Pro Forma OATT, Section III (Network 
Integration Transmission Service) Preamble.
    \28\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 385.
    \29\ Id., PP 1477, 1504, 1532, and 1541.
    \30\ Order No. 890-A, FERC Stats. & Regs. ] 31,261 at P 919; 
Order No. 890-B, 123 FERC ] 61,299 at P 188; Order No. 890-C, 126 
FERC ] 61,228 at P 17.
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    22. The new/revised standards are designed to provide functionality 
that:
     Allows transmission providers to handle requests (loads, 
designation of a network resource, non-designated resources) on a 
customer-by-customer basis,
     allows the option of tracking designated network resource 
scheduling rights, and
     allows a customer to designate an agent to administer 
OASIS transactions on its behalf.
    23. NAESB has proposed Standard WEQ-001-106.2.5, which appears to 
contemplate a Transmission Provider refusing a request to terminate a 
secondary network service. We request comment on the purpose of this 
standard and on whether the Commission should incorporate this standard 
by reference. We note that, in Order No. 890-A, the Commission found 
that it was not appropriate to allow a Transmission Provider to deny 
requests to terminate network resource designations, although Order No. 
890-A did not directly address the issue of terminating secondary 
network service.\31\
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    \31\ Id. P 950.
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3. Rollover Rights for Redirects
    24. In Order No. 676, the Commission incorporated by reference 
NAESB's proposed standards for dealing with redirects, with the 
exception of WEQ-001-9.7 which the Commission viewed as inconsistent 
with the pro forma OATT and Commission policies on rollover rights.\32\ 
In Order No. 676-E, the Commission incorporated by reference new and 
modified NAESB standards related to rollover rights with the continued 
exception of standard WEQ-001-9.7. The Commission noted in Order No. 
676-E that the filed NAESB standards represented only the first part of 
a two part process through which NAESB will fully develop standards 
that are consistent with the Commission's policy on rollover rights as 
articulated in Order Nos. 890, 890-A and 676.\33\ As explained in Order 
No. 676-E, NAESB stated that the second part of this process would 
include modifications to Standard 001-9.7, as directed by Order No. 
890.\34\
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    \32\ Order No. 676, FERC Stats. & Regs. ] 31,216 at P 52.
    \33\ Order No. 890, FERC Stats. & Regs. ] 31,241 at PP 1231-
1239; Order No. 890-A, FERC Stats. & Regs. ] 31,261 at PP 644-651; 
Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 94.
    \34\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 7 & n.12 
(citing NAESB Version 002.1 filing letter dated Feb. 19, 2009).
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    25. In the Version 003 standards, NAESB modified WEQ-001-9.7 so 
that it would conform to the Commission's policy granting rollover 
rights to requests for redirect on a firm basis.\35\

[[Page 45100]]

NAESB modified the WEQ-001-9 Business Practice Standards and modified 
the definition of Unexercised Rollover Rights and added a definition 
for Capacity Eligible for Rollover to make the NAESB standards 
consistent with the Commission's regulations. NAESB also made relevant 
modifications to standards WEQ-001, WEQ-002 and WEQ-013 and provided 
examples for the conveyance of rollover rights with a redirect on a 
firm basis provided in Appendix B of the WEQ-001 standards.
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    \35\ As we stated in Entergy Services, Inc., 143 FERC ] 61,143, 
at P 25 & n.68 (2013), our guiding precedent on the issue of when a 
customer requesting redirect loses rights on the original path was 
set in Dynegy Power Marketing, Inc., 99 FERC ] 61,054, at P 9 
(2002), where we held that a transmission customer receiving firm 
transmission service does not lose its rights to its original path 
until the redirect request satisfies all of the following criteria: 
(1) It is accepted by the transmission provider; (2) it is confirmed 
by the transmission customer; and (3) it passes the conditional 
reservation deadline under OATT section 13.2.
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4. Redirect Requests and Available Transfer Capacity (ATC) Credit
    26. In the Version 003 Standards, NAESB added standards WEQ-001-
10.3.1.1 and WEQ-001-9.1.3.1, which provide that transmission providers 
are to process redirect requests in a manner that considers the 
available transfer capability encumbered by the parent reservation as 
available for the redirected request. The revised standards were 
designed to avoid violation of first come, first served queue priority 
principles.
5. OASIS Introduction and Applicability Sections
    27. NAESB proposed modifications to the introduction and 
applicability sections of the OASIS standards to promote consistency 
within the standards. The introductory section of the standards 
provides a brief description of the purpose of the standard, while the 
applicability section identifies the entities that are affected by the 
standard. In addition, modifications were made to the organization and 
the structure of standards WEQ-001 and WEQ-013 for purposes of 
consistency.
6. Commission Proposal
    28. With the exceptions noted, we propose to incorporate by 
reference Version 003 of these standards into the Commission's 
regulations.

B. Revisions to OASIS Standards Not Related to Order No. 890 Objectives 
and Requirements

    29. In Version 003, NAESB also made modifications to address three 
issues not related to the requirements established in the Order No. 890 
and not the subject of a report previously provided to the Commission. 
In Order No. 717, the Commission modified the posting requirements for 
waivers and exercises of discretion as well as some other posting 
requirements.\36\ Of particular note, the Commission eliminated the 
requirement for public utilities (and pipelines) to post standards of 
conduct information on OASIS and instead required transmission 
providers to post that information on their Web sites.\37\ NAESB 
modified WEQ-001, WEQ-002 and WEQ-003 to remove reference to the 
standards of conduct related obligations with the exception of a few 
template structures that may be implemented at the option of the 
transmission provider.
---------------------------------------------------------------------------

    \36\ Order No. 717, FERC Stats. & Regs. ] 31,280 at PP 213-218; 
PP 235-249.
    \37\ Order No. 717, FERC Stats. & Regs. ] 31,280 at P 247.
---------------------------------------------------------------------------

    30. In Order No. 676-E, the Commission declined to incorporate 
NAESB WEQ-001-14.1.3 and WEQ-001-15.1.2 (both related to ATC Narrative) 
because these standards did not meet the Commission's requirement to 
post the ATC narrative as soon as feasible.\38\ To correct this 
deficiency, NAESB modified those two standards to provide that 
transmission providers strive to post narratives within one business 
day and requiring a posting within five business days. NAESB's report 
does not present any reason why a transmission provider would need five 
business days to post an ATC narrative and we remain concerned that the 
five-business day requirement does not meet the Commission's 
requirement to post the ATC narrative as soon as feasible. We invite 
comments on the necessity for taking longer than one day to post the 
ATC narrative.
---------------------------------------------------------------------------

    \38\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 39.
---------------------------------------------------------------------------

    31. In addition, NAESB made minor modifications to standards WEQ-
013-2.6.8.1 and WEQ-013-2.6.8.2 to clarify that the listings of service 
types therein constitute examples and are not definitive. With the 
exceptions noted, we propose to incorporate by reference Version 003 of 
these standards into the Commission's regulations.

C. Other Standards

1. Coordinate Interchange Standards
    32. As explained above, JESS is leading efforts to modify the 
Coordinate Interchange (WEQ-004) standards and, additionally, to make 
related modifications to WEQ-001, WEQ-003 and WEQ-013 Business Practice 
Standards to ensure that the standards are consistent with current 
Electronic Tagging Functional specifications (now maintained by NAESB) 
as well as to incorporate a guideline standardizing the rounding of 
partial megawatt hours schedules.\39\ Additional modifications were 
made to ensure consistency across all WEQ standards.
---------------------------------------------------------------------------

    \39\ See NAESB Version 003 Report at 9.
---------------------------------------------------------------------------

2. Gas/Electric Coordination Standards
    33. In the Version 003 standards, NAESB made modifications to 
eliminate inconsistencies between definitions used by the NAESB 
quadrants as well as the NERC Glossary.\40\ This included changing the 
terms ``Power Plant Operator'' and ``Power Plant Operator's Facility'' 
to ``Power Plant Gas Coordinator'' and ``Power Plant Gas Coordinator's 
Facility,'' respectively.\41\ Additionally, a definition for 
``Transportation Service Provider'' was added and revisions were made 
to ensure the consistent application of the terms ``Balancing 
Authority'' and ``Reliability Coordinator.'' \42\ We propose to 
incorporate by reference Version 003 of these standards into the 
Commission's regulations.
---------------------------------------------------------------------------

    \40\ Id.
    \41\ Id.
    \42\ Id.
---------------------------------------------------------------------------

3. Public Key Infrastructure (PKI) Standards
    34. NAESB first developed Public Key Infrastructure (PKI) Standards 
in 2007 and the Commission incorporated the PKI standard (Standard WEQ-
12), Version 001, by reference into its regulations in Order No. 676-
C.\43\ The NAESB PKI Standards incorporated by reference by the 
Commission in Order No. 676-C were limited to requirements that an 
Authorized Certification Authority (ACA) must meet in order to issue 
certificates that are compliant with the NAESB PKI Standards and the 
minimum physical characteristics that a certificate must meet in order 
to achieve compliance with the NAESB PKI Standards.\44\ These standards 
did not identify business transactions by public utilities that 
required the use of PKI.
---------------------------------------------------------------------------

    \43\ See Order No. 676-C, FERC Stats. & Regs. ] 31,274 at P 75.
    \44\ Id.
---------------------------------------------------------------------------

    35. On rehearing, in Order No. 676-D, the Commission explained that 
the NAESB standards apply to Certificate Authorities seeking 
certification from NAESB, but did not require that public utilities use 
PKI. The Commission explained: ``the PKI Standards are designed to 
provide uniform standards for an encryption system that companies can, 
but are not required to, use to enhance security for business

[[Page 45101]]

transactions taking place over the Internet.'' (emphasis added).\45\ 
The Commission further explained that ``[t]he standards do not require 
that public utilities use PKI for all business transactions over the 
Internet and the standards permit public utilities to conduct business 
transactions over the Internet that do not involve the use of [ACAs].'' 
\46\
---------------------------------------------------------------------------

    \45\ Order No. 676-D, 124 FERC ] 61,317 at P 7.
    \46\ Id. P 9.
---------------------------------------------------------------------------

    36. In a series of filings, NAESB reported on its updated PKI 
standards for Version 003. The revised standards are divided into two 
sections. First, Standard WEQ-012 specifies those transactions for 
which public utilities need to use PKI. The WEQ-012 standards specify 
the minimum authentication requirements that end entities \47\ must 
meet when conducting transactions under NAESB Business Practice 
Standards defined in Standards WEQ-000, WEQ-001, WEQ-002, WEQ-003, WEQ-
004 and WEQ-013. This includes the use of PKI in communicating with the 
Electric Industry Registry (EIR) of commercial transaction information 
useful for electronic tagging.\48\ Under these standards, for these 
specific purposes, public utilities need to use NAESB-certified ACAs 
for PKI.
---------------------------------------------------------------------------

    \47\ NAESB defines ``end entities'' as including utilities and 
other independent grid operators.
    \48\ NAESB has replaced NERC in supporting the Electric Industry 
Registry (EIR) as these data relate to business transactions rather 
than reliability. Under NERC, the registry was referred to as the 
Transmission System Information Network (TSIN).
---------------------------------------------------------------------------

    37. Second, NAESB developed ACA Accreditation Requirements and ACA 
Process requirements that ACAs must meet to receive certification from 
NAESB. NAESB has not adopted these accreditation requirements as 
standards.
    38. NAESB explains \49\ that, given the importance and inter-play 
of OASIS, electronic tagging, and the EIR, a common PKI standard used 
to secure access is a significant improvement over simple user name and 
password authentication in common use. NAESB states that its PKI 
program provides assurance that (1) the party initiating a data 
exchange is positively identified by its electronic certificate, (2) 
the data exchanged is encrypted and unaltered in transit, and (3) each 
party to the transaction (i.e, the initiating party and the counter-
party) is the intended recipient of the information exchanged, through 
mutual authentication. NAESB further explains that this mutual 
authentication process allows two entities or computers, in this case, 
the end entity and the service provider operating the system, to 
authenticate the identities of one another through challenge-response 
protocols.
---------------------------------------------------------------------------

    \49\ January 30, 2013 Filing.
---------------------------------------------------------------------------

    39. Given the improvement represented by the revised standards over 
the Version 002 standards, we propose to incorporate by reference the 
NAESB WEQ-012 standards. These standards, when adopted, will require 
public utilities to conduct transactions securely when using the 
internet and will eliminate confusion over which transactions involving 
public utilities must follow the approved PKI procedures to secure 
their transactions. We also understand the necessity for the standards 
to require that all ACAs be certified under a common set of 
certification requirements so that all participants have a common list 
of ACAs from which they can choose. Having a common list of ACAs 
enhances the efficiency of transactions as each party can be assured 
that a counter party's certificate meets these minimum 
requirements.\50\ While we find that NAESB's certification provides 
efficiency benefits, we are not proposing to incorporate by reference 
the NAESB ACA Accreditation Requirements and ACA Process requirements, 
as NAESB has not adopted these requirements as standards and the 
Commission does not have jurisdiction over ACAs.\51\
---------------------------------------------------------------------------

    \50\ In proposing to incorporate by reference Standard WEQ-012, 
we recognize that while the electric industry is not insubstantial, 
it may represent only a small portion of an ACA's clientele, and 
that NAESB has a legitimate concern in setting certification 
standards that provide potential customers with sufficient 
competitive alternatives in choosing suppliers to provide price 
competition in PKI services.
    \51\ See Reporting on North American Energy Standards Board 
Public Key Infrastructure Standards,140 FERC ] 61,149, at P 13 
(2012) (where the Commission stated it does not have jurisdiction 
over NAESB or the Certification Authorities as public utilities). 
Since the ACA Accreditation Requirements and ACA Process apply to 
non-jurisdictional entities, and we are not proposing to incorporate 
these standards as federal regulations, we will not opine upon these 
requirements, including the lifetime of the root keys.
---------------------------------------------------------------------------

4. Smart Grid Standards
    40. The NAESB WEQ Version 003 Business Practice Standards include 
five wholesale business practice standards related to Smart Grid that 
define use cases, data requirements, and a common model to represent 
customer energy usage: \52\
---------------------------------------------------------------------------

    \52\ See supra n.9.
---------------------------------------------------------------------------

     NAESB WEQ-016--Specifications for Common Electricity 
Product and Pricing Definition;
     NAESB WEQ-017--Specifications for Common Schedule 
Communication Mechanism for Energy Transactions;
     NAESB WEQ-018--Specifications for Wholesale Standard 
Demand Response Signals;
     NAESB WEQ-019--Customer Energy Usage Information 
Communication; and
     NAESB WEQ-020--Smart Grid Standards Data Elements Table.
    41. We propose, in this NOPR, to incorporate by reference standards 
WEQ-016, WEQ-017, WEQ-018, WEQ-019 and WEQ-020 into the Commission's 
regulations. The Commission notes that NAESB ratified changes to 
Standard WEQ-019 on March 21, 2013. We understand that this standard 
provides for energy usage information and this revision is consistent 
with the Green Button Initiative, promoted by the White House Office of 
Science and Technology Policy,\53\ which allows consumers access to 
their energy usage information. These standards will not only be used 
by the wholesale electric industry, but also are important initiatives 
for use in ongoing utility programs for consumer data access. We, 
therefore, invite comment on whether the Commission should incorporate 
by reference the version of Standard WEQ-019 ratified by NAESB 
membership on March 21, 2013, rather than the version contained in 
Version 003.
---------------------------------------------------------------------------

    \53\ See http://www.whitehouse.gov/blog/2012/01/18/green-button-providing-consumers-access-their-energy-data.
---------------------------------------------------------------------------

5. Standards Related to Terms, Definition and Acronyms
    42. The Version 003 WEQ Business Practice Standards create a common 
location for all abbreviations, acronyms and definitions of terms and 
houses this information in a newly created standard WEQ-000. In 
accordance with Commission guidance.\54\ NAESB also set out to ensure 
definition consistencies internally and with the NERC Glossary and 
revised the NAESB definitions accordingly.
---------------------------------------------------------------------------

    \54\ NAESB's efforts in this regard are in accordance with the 
Commission's findings in Order No. 676, FERC Stats. & Regs. ] 31,241 
at P 40 and Order No. 676-C, 126 FERC ] 61,228 at P 8.
---------------------------------------------------------------------------

6. Commission Proposal
    43. With the exceptions noted, we propose to incorporate by 
reference Version 003 of these standards into the Commission's 
regulations.

D. Implementation

    44. Consistent with our past practice, we propose that, once the 
Commission incorporates these standards by reference into its 
regulations, public utilities must implement these

[[Page 45102]]

standards even before they have updated their tariffs to incorporate 
these changes. The Commission is also proposing, consistent with our 
regulation at 18 CFR 35.28(c)(1)(vii), to require each public utility 
to revise its OATT to include the Version 003 standards that we are 
proposing to incorporate by reference herein. For standards that do not 
require implementing tariff provisions, the Commission is proposing to 
permit the public utility to incorporate the WEQ standard by reference 
in its OATT. We are not, however, proposing to require a separate 
tariff filing to accomplish this change. Consistent with our prior 
practice, we are proposing to give public utilities the option of 
including these changes as part of an unrelated tariff filing.\55\
---------------------------------------------------------------------------

    \55\ See Order No. 676, FERC Stats. & Regs. ] 31,216 at P 100.
---------------------------------------------------------------------------

III. Notice of Use of Voluntary Consensus Standards

    45. The NAESB WEQ Version 003 Business Practice Standards were 
adopted by NAESB under NAESB's consensus procedures.\56\ As the 
Commission found in Order No. 676, adoption of consensus standards is 
appropriate because the consensus process helps ensure the 
reasonableness of the standards by requiring that the standards draw 
support from a broad spectrum of all segments of the industry. 
Moreover, since the industry itself has to conduct business under these 
standards, the Commission's regulations should reflect those standards 
that have the widest possible support. In section 12(d) of the National 
Technology Transfer and Advancement Act of 1995, Congress affirmatively 
requires federal agencies to use technical standards developed by 
voluntary consensus standards organizations, like NAESB, as means to 
carry out policy objectives or activities unless use of such standards 
would be inconsistent with applicable law or otherwise impractical.\57\
---------------------------------------------------------------------------

    \56\ Under this process, to be approved a standard must receive 
a super-majority vote of 67 percent of the members of the WEQ's 
Executive Committee with support from at least 40 percent from each 
of the five industry segments--transmission, generation, marketer/
brokers, distribution/load serving entities, and end users. For 
final approval, 67 percent of the WEQ's general membership must 
ratify the standards.
    \57\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C. 
272 note (1997).
---------------------------------------------------------------------------

    46. Office of Management and Budget Circular A-119 (section 11) 
(February 10, 1998) provides that Federal Agencies should publish a 
request for comment in a NOPR when the agency is seeking to issue or 
revise a regulation proposing to adopt a voluntary consensus standard 
or a government-unique standard. In this NOPR, the Commission is 
proposing to incorporate by reference a voluntary consensus standard 
developed by the WEQ.

IV. Information Collection Statement

    47. The following collection of information contained in this 
proposed rule is subject to review by the Office of Management and 
Budget (OMB) for review under section 3507(d) of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3507(d). OMB's regulations require 
approval of certain information collection requirements imposed by 
agency rules.\58\ Upon approval of a collection(s) of information, OMB 
will assign an OMB control number and an expiration date. Respondents 
subject to the filing requirements of this rule will not be penalized 
for failing to respond to these collections of information unless the 
collections of information display a valid OMB control number.
---------------------------------------------------------------------------

    \58\ 5 CFR 1320.11 (2012).
---------------------------------------------------------------------------

    48. The Commission solicits comments on the Commission's need for 
this information, whether the information will have practical utility, 
the accuracy of the provided burden estimates, ways to enhance the 
quality, utility, and clarity of the information to be collected, and 
any suggested methods for minimizing respondents' burden, including the 
use of automated information techniques.
    49. The following burden estimate is based on the projected costs 
for the industry to implement the new and revised business practice 
standards adopted by NAESB and proposed to be incorporated by reference 
in this NOPR.

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                 Data collection                     Number of     responses per     Hours per     Total number
                                                    respondents     respondent       response        of hours
                                                             (1)             (2)             (3)     (1) x (2) x
                                                                                                             (3)
----------------------------------------------------------------------------------------------------------------
FERC-516 \59\ (tariff filing)...................             132               1               6             792
FERC-717 \60\ (compliance with standards).......             132               1         \61\ 30           3,960
                                                 ---------------------------------------------------------------
    Totals......................................  ..............  ..............  ..............           4,752
----------------------------------------------------------------------------------------------------------------

    Costs to Comply with Paperwork Requirements:
---------------------------------------------------------------------------

    \59\ ``FERC-516'' is the Commission's identifier that 
corresponds to OMB control no. 1902-0096 which identifies the 
information collection associated with Electric Rate Schedules and 
Tariff Filings.
    \60\ ``FERC-717'' is the Commission's identifier that 
corresponds to OMB control no. 1902-0173 which identifies the 
information collection associated with Standards for Business 
Practices and Communication Protocols for Public Utilities.
    \61\ The 30-hour estimate was developed in Docket No. RM05-5-
013, when the Commission prepared its estimate of the scope of work 
involved in transitioning to the NAESB Version 002.1 Business 
Practice Standards. See Order No. 676-E, FERC Stats. & Regs. ] 
31,299 at P 134. We have retained the same estimate here, because 
the scope of the tasks involved in the transition to Version 003 of 
the Business Practice Standards is very similar to that for the 
transition to the Version 002.1 Standards.
---------------------------------------------------------------------------

    The estimated annual costs are as follows:

 FERC-516: 132 entities * 1 response/entity * (6 hours/response 
* $72/hour \62\) = $57,024.
---------------------------------------------------------------------------

    \62\ The estimated hourly loaded cost (salary plus benefits) is 
a composite estimate that includes legal, technical, and support 
staff rates, based on data from the Bureau of Labor Statistics at 
http://bls.gov/oes/current/naics3_221000.htm. Loaded costs are BLS 
rates divided by 0.703 and rounded to the nearest dollar (http://www.bls.gov/news.release/ecec.nr0.htm).
---------------------------------------------------------------------------

 FERC-717: 132 entities * 1 response/entity * (30 hours/
response * $72/hour) = $285,120.

    Titles: Electric Rate Schedule Filing (FERC-516); Open Access Same 
Time Information System and Standards for Business Practices and 
Communication Protocols for Public Utilities (FERC-717).
    Action: Proposed collection.
    OMB Control Nos.: 1902-0096 (FERC-516); 1902-0173 (FERC-717).
    Respondents: Business or other for profit (Public Utilities--
Generally not applicable to small businesses).\63\
---------------------------------------------------------------------------

    \63\ See infra P 56.
---------------------------------------------------------------------------

    Frequency of Responses: One-time implementation (business 
procedures, capital/start-up).

[[Page 45103]]

    50. Necessity of the Information: This proposed rule, if 
implemented would upgrade the Commission's current business practice 
and communication standards and protocols modifications to support 
compliance with requirements established by the Commission in Order 
Nos. 890, 890-A, 890-B and 890-C, as well as modifications to the 
OASIS-related standards to support Order Nos. 676, 676-A, 676-E and 
717. In addition, NAESB made modifications to the Coordinate 
Interchange standards to compliment the updates to the e-Tag 
specifications, modifications to the Gas/Electric Coordination 
standards to provide consistency between the two markets and re-
organized and revised definitions to create a standard set of terms, 
definitions and acronyms applicable to all NAESB WEQ standards. The 
Version 003 Standards also include standards related to Demand Side 
Management and Energy Efficiency, which the Commission separately acted 
on in Docket No. RM05-5-020 after NAESB filed its Version 003 report, 
and Smart Grid-related standards that NAESB previously filed with the 
Commission in Docket No. RM05-5-021 and to increase the efficiency of 
the wholesale electric power grid.
    51. Internal Review: The Commission has reviewed the revised 
business practice standards and has made a preliminary determination 
that the proposed revisions that we propose here to incorporate by 
reference are both necessary and useful. In addition, the Commission 
has assured itself, by means of its internal review, that there is 
specific, objective support for the burden estimate associated with the 
information requirements.
    52. Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
Office of the Executive Director, 888 First Street NE., Washington, DC 
20426 [Attn: Ellen Brown, email: [email protected], phone: (202) 
502-8663, fax: (202) 273-0873].
    53. Comments concerning the information collections proposed in 
this NOPR and the associated burden estimates should be sent to the 
Commission at this docket and may also by email to the Office of 
Management and Budget, Office of Information and Regulatory Affairs 
[Attention: Desk Officer for the Federal Energy Regulatory Commission]. 
For security reasons, comments should be sent by email to OMB at the 
following email address: [email protected]. Please reference 
the docket number of this Notice of Proposed Rulemaking (Docket No. 
RM05-5-022) in your submission.

V. Environmental Analysis

    54. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\64\ The 
Commission has categorically excluded certain actions from these 
requirements as not having a significant effect on the human 
environment.\65\ The actions proposed here fall within categorical 
exclusions in the Commission's regulations for rules that are 
clarifying, corrective, or procedural, for information gathering, 
analysis, and dissemination, and for sales, exchange, and 
transportation of electric power that requires no construction of 
facilities.\66\ Therefore, an environmental assessment is unnecessary 
and has not been prepared in this NOPR.
---------------------------------------------------------------------------

    \64\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. 
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \65\ 18 CFR 380.4.
    \66\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
---------------------------------------------------------------------------

VI. Regulatory Flexibility Act Certification

    55. The Regulatory Flexibility Act of 1980 (RFA) \67\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
The RFA mandates consideration of regulatory alternatives that 
accomplish the stated objectives of a proposed rule and that minimize 
any significant economic impact on a substantial number of small 
entities. The Small Business Administration's Office of Size Standards 
develops the numerical definition of a small business.\68\ The Small 
Business Administration has established a size standard for electric 
utilities, stating that a firm is small if, including its affiliates, 
it is primarily engaged in the transmission, generation and/or 
distribution of electric energy for sale and its total electric output 
for the preceding twelve months did not exceed four million megawatt 
hours (MWh).\69\
---------------------------------------------------------------------------

    \67\ 5 U.S.C. 601-612.
    \68\ 13 CFR 121.101 (2012).
    \69\ 13 CFR 121.201, Sector 22, Utilities & n.1.
---------------------------------------------------------------------------

    56. The Commission seeks comment on the estimated impact of the 
proposed rule on small business entities. The Commission estimates that 
5 of the 132 respondents are small. The Commission estimates that the 
impact on these entities is consistent with the paperwork burden of 
$2,592 per entity used above.\70\ The Commission does not consider 
$2,592 to be a significant economic impact.
---------------------------------------------------------------------------

    \70\ 36 hours at $72/hour = $2,592
---------------------------------------------------------------------------

    57. Based on the above, the Commission certifies that the proposed 
Reliability Standards will not have a significant impact on a 
substantial number of small entities. Accordingly, no initial 
regulatory flexibility analysis is required.

VII. Comment Procedures

    58. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due September 24, 2013. Comments must refer to 
Docket No. RM05-5-022, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    59. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    60. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    61. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VIII. Document Availability

    62. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.

[[Page 45104]]

    63. From the Commission's Home Page on the Internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    64. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

List of Subjects in 18 CFR Part 38

    Conflict of interests, Electric power plants, Electric utilities, 
Incorporation by reference, Reporting and recordkeeping requirements.

    By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
Chapter I, Title 18, Part 38 of the Code of Federal Regulations, as 
follows:

PART 38--BUSINESS PRACTICE STANDARDS AND COMMUNICATION PROTOCOLS 
FOR PUBLIC UTILITIES

0
1. The authority citation for part 38 continues to read as follows:

    Authority:  16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.

0
2. In Sec.  38.2, paragraphs (a)(1) through (13) are revised and 
paragraphs (a)(14) and (15) are added to read as follows:


Sec.  38.2  Incorporation by reference of North American Energy 
Standards Board Wholesale Electric Quadrant standards.

    (a) * * *
    (1) Abbreviations, Acronyms, and Definition of Terms (WEQ-000, 
Version 003, July 31, 2012, as modified by NAESB final actions ratified 
on Oct. 4, 2012, Nov. 28, 2012 and Dec. 28, 2012);
    (2) Open Access Same-Time Information System (OASIS), Version 2.0 
(WEQ-001, Version 003, July 31, 2012, as modified by NAESB final 
actions ratified on Dec. 28, 2012) with the exception of Standards 001-
14.1.3 and 001-15.1.2);
    (3) Open Access Same-Time Information System (OASIS) Business 
Practice Standards and Communication Protocols (S&CP), Version 2.0 
(WEQ-002, Version 003, July 31, 2012, as modified by NAESB final 
actions ratified on Nov. 28, 2012 and Dec. 28, 2012);
    (4) Open Access Same-Time Information System (OASIS) Data 
Dictionary Business Practice Standards, Version 2.0 (WEQ-003, Version 
003, July 31, 2012, as modified by NAESB final actions ratified on Dec. 
28, 2012);
    (5) Coordinate Interchange (WEQ-004, Version 003, July 31, 2012, as 
modified by NAESB final actions ratified on Dec. 28, 2012);
    (6) Area Control Error (ACE) Equation Special Cases (WEQ-005, 
Version 003, July 31, 2012);
    (7) Manual Time Error Correction (WEQ-006, Version 003, July 31, 
2012);
    (8) Inadvertent Interchange Payback (WEQ-007, Version 003, July 31, 
2012);
    (9) Transmission Loading Relief (TLR)--Eastern Interconnection 
(WEQ-008, Version 003, July 31, 2012);
    (10) Gas/Electric Coordination (WEQ-011, Version 003, July 31, 
2012);
    (11) Public Key Infrastructure (PKI) (WEQ-012, Version 003, July 
31, 2012, as modified by NAESB final actions ratified on Oct. 4, 2012);
    (12) Open Access Same-Time Information System (OASIS) 
Implementation Guide, Version 2.0 (WEQ-013, Version 003, July 31, 2012, 
as modified by NAESB final actions ratified on Dec. 28, 2012);
    (13) Measurement and Verification of Wholesale Electricity Demand 
Response (WEQ-015, Version 003, July 31, 2012);
    (14) NAESB Specifications for Common Electricity Product and 
Pricing Definition (WEQ-016, Version 003, July 31, 2012);
    (15) Specifications for Common Schedule Communication Mechanism for 
Energy Transactions (WEQ-017, Version 003, July 31, 2012);
    (16) Specifications for Wholesale Standard Demand Response Signals 
(WEQ-018, Version 003, July 31, 2012);
    (17) NAESB Customer Energy Usage Information Communication (WEQ-
019, Version 003, July 31, 2012);
    (18) Smart Grid Standards Data Element Table (WEQ-020, Version 003, 
July 31, 2012); and
    (19) Measurement and Verification of Energy Efficiency Products 
(WEQ-021, Version 003, July 31, 2012).
* * * * *
[FR Doc. 2013-17745 Filed 7-25-13; 8:45 am]
BILLING CODE 6717-01-P