[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Page 76855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31216]



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  Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / 
Rules and Regulations  

[[Page 76855]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM14-11-000]


Open Access and Priority Rights on Interconnection Customer's 
Interconnection Facilities

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final regulations 
that became effective June 30, 2015, as published in the 2015 edition 
of the Code of Federal Regulations.

DATES: Effective date: December 11, 2015.

FOR FURTHER INFORMATION CONTACT: Brian R. Gish (Legal Information), 
Office of the General Counsel, Federal Energy Regulatory Commission, 
888 First Street NE., Washington, DC 20426, Telephone: 202-502-8998, 
Email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission amended 18 CFR 35.28(d), 
addressing waivers of the Open Access Transmission Tariff requirements 
for public utilities that own, operate, or control Interconnection 
Customer's Interconnection Facilities.
    As published in the 2015 edition of the Code of Federal 
Regulations, the final regulations effective June 30, 2015, contained 
an error; they incorrectly removed certain language from 18 CFR 
35.28(d) that should have been retained. The Commission did not intend 
to remove this language. This correcting amendment reinserts the 
incorrectly-removed language.

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and 
recordkeeping requirements.

    Accordingly, 18 CFR part 35 is corrected by making the following 
correcting amendment:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 35 continues to read as follows:

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


0
2. Section 35.28 is corrected by revising paragraph (d) to read as 
follows:


Sec.  35.28  Non-discriminatory open access transmission tariff.

* * * * *
    (d) Waivers. (1) A public utility subject to the requirements of 
this section and 18 CFR parts 37 (Open Access Same-Time Information 
System) and 358 (Standards of Conduct for Transmission Providers) may 
file a request for waiver of all or part of such requirements for good 
cause shown. Except as provided in paragraph (f) of this section, an 
application for waiver must be filed no later than 60 days prior to the 
time the public utility would have to comply with the requirement.
    (2) The requirements of this section, 18 CFR parts 37 (Open Access 
Same-Time Information System) and 358 (Standards of Conduct for 
Transmission Providers) are waived for any public utility that is or 
becomes subject to such requirements solely because it owns, controls, 
or operates Interconnection Customer's Interconnection Facilities, in 
whole or in part, as that term is defined in the standard generator 
interconnection procedures and agreements referenced in paragraph (f) 
of this section, or comparable jurisdictional interconnection 
facilities that are the subject of interconnection agreements other 
than the standard generator interconnection procedures and agreements 
referenced in paragraph (f) of this section, if the entity that owns, 
operates, or controls such facilities either sells electric energy, or 
files a statement with the Commission that it commits to comply with 
and be bound by the obligations and procedures applicable to electric 
utilities under section 210 of the Federal Power Act.
    (i) The waivers referenced in this paragraph (d)(2) shall be deemed 
to be revoked as of the date the public utility ceases to satisfy the 
qualifications of this paragraph (d)(2), and may be revoked by the 
Commission if the Commission determines that it is in the public 
interest to do so. After revocation of its waivers, the public utility 
must comply with the requirements that had been waived within 60 days 
of revocation.
    (ii) Any eligible entity that seeks interconnection or transmission 
services with respect to the interconnection facilities for which a 
waiver is in effect pursuant to this paragraph (d)(2) may follow the 
procedures in sections 210, 211, and 212 of the Federal Power Act, 18 
CFR 2.20, and 18 CFR part 36. In any proceeding pursuant to this 
paragraph (d)(2)(ii):
    (A) The Commission will consider it to be in the public interest to 
grant priority rights to the owner and/or operator of interconnection 
facilities specified in this paragraph (d)(2) to use capacity thereon 
when such owner and/or operator can demonstrate that it has specific 
plans with milestones to use such capacity to interconnect its or its 
affiliate's future generation projects.
    (B) For the first five years after the commercial operation date of 
the interconnection facilities specified in this paragraph (d)(2), the 
Commission will apply the rebuttable presumption that the owner and/or 
operator of such facilities has definitive plans to use the capacity 
thereon, and it is thus in the public interest to grant priority rights 
to the owner and/or operator of such facilities to use capacity 
thereon.
* * * * *

    Dated: December 7, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31216 Filed 12-10-15; 8:45 am]
 BILLING CODE 6717-01-P