[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65207-65214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20972]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket Nos. RM19-16-000 and RM19-17-000; Order No. 873]


Electric Reliability Organization Proposal To Retire Requirements 
in Reliability Standards Under the NERC Standards Efficiency Review

AGENCY:  Federal Energy Regulatory Commission, Department of Energy.

ACTION:  Final rule.

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SUMMARY:  The Federal Energy Regulatory Commission (Commission) 
approves the retirement of 18 Reliability Standard requirements 
identified by the North American Electric Reliability Corporation 
(NERC), the Commission-certified Electric Reliability Organization. The 
Commission also remands proposed Reliability Standard FAC-008-4 for 
further consideration by NERC. The Commission takes no action at this 
time on the proposed retirement of 56 MOD A Reliability Standard 
requirements.

DATES:  This rule is effective December 14, 2020.

FOR FURTHER INFORMATION CONTACT:
Michael Gandolfo (Technical Information), Office of Electric 
Reliability, Division of Reliability Standards and Security, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426, Telephone: (202) 502-6817
Mark Bennett (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, Telephone: (202) 502-8524

SUPPLEMENTARY INFORMATION:
    1. Pursuant to section 215(d)(2) of the Federal Power Act (FPA),\1\ 
the Commission approves 18 of the 76 Reliability Standard requirements 
requested for retirement by the North American Electric Reliability 
Corporation (NERC).\2\ For the reasons discussed below, we determine 
that the retirement of the 18 Reliability Standard requirements through 
the retirement of four Reliability Standards and the modification of 
five Reliability Standards is just, reasonable, not unduly 
discriminatory or preferential, and in the public interest.\3\ The 
Commission also approves the associated violation risk factors, 
violation severity levels, implementation plan, and effective dates 
proposed by NERC.
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    \1\ 16 U.S.C. 824o(d)(2).
    \2\ NERC withdrew the originally requested retirement of 
Reliability Standard VAR-001-6, Requirement R2 on May 14, 2020.
    \3\ The four Reliability Standards being eliminated in their 
entirety are Reliability Standards FAC-013-2 (Assessment of Transfer 
Capability for the Near-term Transmission Planning Horizon), INT-
004-3.1 (Dynamic Transfers), INT-010-2.1 (Interchange Initiation and 
Modification for Reliability), MOD-020-0 (Providing Interruptible 
Demands and Direct Control Load Management Data to System Operations 
and Reliability Coordinators). The five modified Reliability 
Standards approved herein are Reliability Standards INT-006-5 
(Evaluation of Interchange Transactions), INT-009-3 (Implementation 
of Interchange) and PRC-004-6 (Protection System Misoperation 
Identification and Correction), IRO-002-7 (Reliability 
Coordination--Monitoring and Analysis), TOP-001-5 (Transmission 
Operations).
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    2. As set forth in the petitions, we conclude that the 18 
Reliability Standard requirements: (1) Provide little or no reliability 
benefit; (2) are administrative in nature or relate expressly to 
commercial or business practices; or (3) are redundant with other 
Reliability Standards. These justifications are consistent with the 
Commission-approved rationale for retiring Reliability Standard 
requirements articulated in prior proceedings.\4\
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    \4\ North American Electric Reliability Corp., 138 FERC ] 
61,193, at P 81 (March 2012 Order), order on reh'g and 
clarification, 139 FERC ] 61,168 (2012); Electric Reliability 
Organization Proposal to Retire Requirements in Reliability 
Standards, Order No. 788, 145 FERC ] 61,147, at P 1 (2013) (stating 
that the proposed retirements ``meet the benchmarks set forth in the 
Commission's March 15, 2012 Order'').
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    3. The approved retirements will enhance the efficiency of the 
Reliability Standards program by reducing duplicative or otherwise 
unnecessary regulatory burdens.
    4. In the Notice of Proposed Rulemaking (NOPR), the Commission also 
proposed to approve the retirement of 56 requirements constituting the 
so-called MOD A Reliability Standards.\5\ The NOPR indicated that, if 
approved, the Commission intends to coordinate the effective dates for 
the retirement of the MOD A Reliability Standards with successor North 
American Energy Standards Board (NAESB) business practice standards.\6\ 
On March 30, 2020, NAESB submitted Version 003.3 of the Standards for 
Business Practices and Communication Protocols for Public Utilities 
that, inter alia, include Modeling business practices. On July 16, 
2020, the Commission issued a NOPR in Docket Nos. RM05-5-029 and RM05-
5-030 proposing to amend its regulations to incorporate by reference, 
with certain enumerated exceptions, NAESB's Version 003.3 Business 
Practices.\7\ Comments on the NAESB NOPR are due on November 3, 
2020.\8\ In light of these developments, this final rule does not 
address the retirement of the MOD A Reliability Standards. The 
Commission will determine the appropriate action regarding the proposed 
retirement of the MOD A Reliability Standards at a later time.
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    \5\ Electric Reliability Organization Proposal to Retire 
Requirements in Reliability Standards Under the NERC Standards 
Efficiency Review, 170 FERC ] 61,032 (2020) (NOPR). The MOD A 
Reliability Standards proposed for retirement are MOD-001-1a 
(Available Transmission System Capability), MOD-004-1 (Capacity 
Benefit Margin), MOD-008-1 (Transmission Reliability Margin 
Calculation Methodology), MOD-028-2 (Area Interchange Methodology), 
MOD-029-2a (Rated System Path Methodology), and MOD-030-3 (Flowgate 
Methodology).
    \6\ NOPR, 170 FERC ] 61,032, at P 21, n.35.
    \7\ Standards for Business Practices and Communication Protocols 
for Public Utilities, Notice of Proposed Rulemaking, Order No. 676, 
85 FR 10571, 172 FERC ] 61,047 (2020).
    \8\ Standards for Business Practices and Communication Protocols 
for Public Utilities, 85 FR 55201 (September 4, 2020).
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    5. While the Commission approves the 18 retirements, pursuant to 
FPA section 215(d)(4), we remand proposed Reliability Standard FAC-008-
4.\9\ As discussed below, we are satisfied with NERC's justification 
for retiring Reliability Standard FAC-008-3, Requirement R7. However, 
for the reasons discussed below, we are not persuaded that it is 
appropriate to retire Reliability Standard FAC-008-3, Requirement R8. 
Because the Commission, pursuant to FPA section 215(d)(4), must remand 
to NERC for further consideration a proposed modification to a 
Reliability Standard that the Commission disapproves in whole or in 
part, we remand proposed Reliability Standard FAC-008-4 to address our 
concerns with the retirement of Requirement R8.
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    \9\ 16 U.S.C. 824o(d)(4).
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I. Background

A. Section 215 of the FPA

    6. Section 215 of the FPA requires the Commission-certified 
Electric Reliability Organization (ERO) to develop mandatory and 
enforceable Reliability Standards, subject to Commission review and 
approval. Once approved, the Reliability Standards may be enforced in 
the United States by the ERO subject to Commission oversight, or by the 
Commission independently.\10\ Pursuant to the requirements of FPA 
section 215, the Commission established

[[Page 65208]]

a process to select and certify an ERO \11\ and, subsequently, 
certified NERC as the ERO.\12\
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    \10\ 16 U.S.C. 824o(e)(3).
    \11\ Rules Concerning Certification of the Electric Reliability 
Organization; and Procedures for the Establishment, Approval, and 
Enforcement of Electric Reliability Standards, Order No. 672, 114 
FERC ] 61,104, order on reh'g, Order No. 672-A, 114 FERC ] 61,328 
(2006).
    \12\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006), 
aff'd sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342 (DC Cir. 2009).
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B. Prior Retirements of Reliability Standard Requirements

    7. In the March 2012 Order, the Commission observed that NERC's 
compliance program could be made more efficient by removing existing 
requirements deemed unnecessary for reliability.\13\ The Commission 
stated that if NERC believes certain Reliability Standards or 
requirements should be revised or removed, ``we invite NERC to make 
specific proposals to the Commission identifying the Standards or 
requirements and setting forth in detail the technical basis for its 
belief.'' \14\ Further, the Commission encouraged NERC ``to propose 
appropriate mechanisms to identify and remove from the Commission-
approved Reliability Standards unnecessary or redundant requirements.'' 
\15\
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    \13\ March 2012 Order, 138 FERC ] 61,193 at P 81.
    \14\ Id.
    \15\ Id.
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    8. In response, in February 2013, NERC proposed to retire 34 
requirements within 19 Reliability Standards based on the justification 
that the requirements ``are redundant or otherwise unnecessary'' and 
that ``violations of these requirements . . . pose a lesser risk to the 
reliability of the Bulk-Power System.'' \16\ NERC explained that the 
proposed retirements were based upon three major criteria: (1) Whether 
a proposed retirement would create a reliability gap; (2) whether the 
requirement in question is administrative; involves data collection, 
retention, documentation, periodic updates or reporting; is a 
commercial or business practice; or is redundant; and (3) consideration 
of responses to seven questions regarding the proposed retirement, 
including whether the requirement was part of a ``find, fix and track'' 
filing, the requirement's violation risk factor level, and whether the 
requirement is part of on-going standards development project.\17\
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    \16\ NERC, Petition, Docket No. RM13-8-000, at 2 (filed Feb. 28, 
2013).
    \17\ Id. at 4.
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    9. On November 21, 2013, the Commission approved the retirements 
that NERC proposed, and determined that the retirements ``meet the 
benchmarks'' set forth in the March 2012 Order that ``requirements 
proposed for retirement either: (1) Provide little protection for Bulk-
Power System reliability; or (2) are redundant with other aspects of 
the Reliability Standards.'' \18\
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    \18\ Electric Reliability Organization Proposal to Retire 
Requirements in Reliability Standards, Order No. 788, 145 FERC ] 
61,147 (2013).
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C. NERC Standards Efficiency Review Project and Petitions

1. NERC Standards Efficiency Review Project
    10. NERC states that the proposed retirements are the product of 
its Standards Efficiency Review (SER) Project. NERC explains that the 
SER Project began in 2017 ``to achieve [NERC's] long-term strategic 
goal of establishing risk-based controls to minimize [Bulk-Power 
System] reliability risk while also driving operational efficiencies 
and effectiveness.'' \19\ NERC states that in Phase 1 of the SER 
Project, teams of industry experts conducted a risk-based analysis of 
non-CIP Reliability Standards.\20\ The purpose of this review, 
according to NERC, was ``to identify Reliability Standard requirements 
that provide little or no benefit to reliability and should be 
retired.'' \21\ NERC maintains that, unlike the periodic reviews \22\ 
of Reliability Standards performed by NERC pursuant to the NERC Rules 
of Procedure, the SER Project involved ``exploring the relationships 
between the different Reliability Standards in a deeper way than would 
be feasible during a targeted periodic review . . . [and] allowed NERC 
to identify requirements that are not necessary for reliability or that 
are redundant to other requirements.'' \23\
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    \19\ Docket No. RM19-16-000 Petition at 3; Docket No. RM19-17-
000 Petition at 4.
    \20\ NERC states that Phase 2 of the SER Project will ``consider 
recommendations for Reliability Standard revisions that would 
further improve the efficiency of the body of NERC Reliability 
Standards, such as through consolidation of Reliability Standard 
requirements . . . [and will] consider recommendations for 
standards-based improvements that would further reduce 
inefficiencies and promote effectiveness.'' Docket No. RM19-16-000 
Petition at 6-7; Docket No. RM19-17-000 Petition at 7.
    \21\ Docket No. RM19-16-000 Petition at 5; Docket No. RM19-17-
000 Petition at 6.
    \22\ The NERC Rules of Procedure require a periodic review of 
each Reliability Standard; and they provide for a five-year cyclical 
review of Reliability Standards approved by the American National 
Standards Institute (ANSI) and 10-year cyclical review for 
Reliability Standards not approved by ANSI. See NERC Rules of 
Procedure, Section 317 and Appendix 3A (Standards Process Manual), 
section 13.0.
    \23\ Docket No. RM19-16-000 Petition at 5; Docket No. RM19-17-
000 Petition at 6.
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    11. NERC contends that the SER Project ``was conducted in an open 
and transparent manner, with broad industry participation.'' \24\ NERC 
states that it initiated the standards development process to consider 
the retirement recommendations generated by the SER Project.
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    \24\ Docket No. RM19-16-000 Petition at 5-6; Docket No. RM19-17-
000 Petition at 7.
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2. IRO, TOP and VAR Petition (Docket No. RM19-16-000)
    12. On June 7, 2019, in Docket No. RM19-16-000, NERC submitted for 
Commission approval new versions of three Reliability Standards: IRO-
002-7 (Reliability Coordination--Monitoring and Analysis), TOP-001-5 
(Transmission Operations), and VAR-001-6 (Voltage and Reactive 
Control).\25\ NERC explains that approval of the new versions would 
result in the retirement of four requirements from the currently-
effective versions of the Reliability Standards.\26\ NERC proposes to 
retire three of the existing requirements in Reliability Standards IRO-
002 and TOP-001 that require the reliability coordinator, transmission 
operator, and balancing authority to have data exchange capabilities 
with entities having data needed to perform operational planning 
analyses and to develop operating plans for next-day operations. NERC 
contends that these requirements are redundant and not necessary 
``because the performance required by these requirements is inherent to 
the performance of other Reliability Standard requirements.'' \27\
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    \25\ On May 14, 2020, NERC withdrew its request to retire 
Reliability Standard VAR-001-6, Requirement R2.
    \26\ The revised versions of the IRO and TOP Reliability 
Standards are not attached to this final rule. The complete text of 
the Reliability Standards is available on the Commission's eLibrary 
document retrieval system in Docket No. RM19-16-000 and is posted on 
the ERO's website, http://www.nerc.com.
    \27\ Docket No. RM19-16-000 Petition at 7.
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    13. In particular, NERC maintains that the data exchange capability 
requirement in Reliability Standard IRO-002-5, Requirement R1 is 
covered by Reliability Standard IRO-008-2, Requirement R1, which 
obligates the reliability coordinator to perform operational planning 
analyses to assess whether the planned operations for the next-day will 
exceed System Operating Limits and Interconnection Reliability 
Operating Limits within its Wide Area. NERC asserts that ``to perform 
the required operational planning analyses, the Reliability Coordinator 
must have the data it deems necessary from those entities that possess 
it.'' \28\
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    \28\ Id. at 14-15.

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[[Page 65209]]

    14. Additionally, regarding data exchange, NERC cites Reliability 
Standard IRO-010-2 (Reliability Coordinator Data Specification and 
Collection) and its stated purpose of preventing instability, 
uncontrolled separation, or cascading outages ``by ensuring the 
Reliability Coordinator has the data it needs to monitor and assess the 
operation of its Reliability Coordinator Area.'' \29\ NERC states that 
under Reliability Standard IRO-010-2, Requirements R1, R2 and R3, the 
reliability coordinator must specify the data necessary for it to 
perform its operational planning analyses and provide the 
specifications to the entities from which it needs data who then must 
comply with the data request using a mutually agreeable format and 
security protocols.
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    \29\ Id. at 15.
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    15. NERC states that the performance of Reliability Standard IRO-
010-2, Requirements R1, R2 and R3 is premised on the existence of data 
exchange capabilities, ``regardless of whether a separate requirement 
expressly requires the Reliability Coordinator to have data exchange 
capabilities in place.'' \30\ NERC therefore asserts that Reliability 
Standard IRO-002-5, Requirement R1 provides no additional reliability 
benefit and ``is therefore unnecessary and redundant and should be 
retired.'' \31\
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    \30\ Id.
    \31\ Id.
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    16. NERC also proposes to retire Reliability Standards TOP-001-4, 
Requirements R19 and R22. NERC explains that Requirements R19 and R22 
of Reliability Standard TOP-001-4 require transmission operators and 
balancing authorities respectively to have data exchange capabilities 
with entities from which they need data to perform operational planning 
analyses (transmission operators) and next-day Operating Plans 
(balancing authorities). NERC notes, however, that Reliability Standard 
TOP-002-4, Requirement R1 requires a transmission operator to perform 
an operational planning analyses to determine whether next-day 
operations within its area will exceed System Operating Limits. NERC 
also states that TOP-002-4, Requirement R4 requires each balancing 
authority to have a next-day Operating Plan addressing expected 
generation resource commitment and dispatch, Interchange scheduling and 
related matters. NERC asserts that to satisfy these requirements, 
``each Transmission Operator and Balancing Authority must have the data 
it deems necessary from those entities that possess it.'' \32\
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    \32\ Id. at 16.
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    17. NERC also points to Reliability Standard TOP-003-3 (Operational 
Reliability Data) whose purpose is ``to ensure that the Transmission 
Operator and Balancing Authority have data needed to fulfill their 
operational and planning responsibilities.'' NERC contends that the 
requirements in Reliability Standard TOP-003-3 largely mirror the 
requirements in Reliability Standard IRO-010-2 discussed above, and 
thus, as with Reliability Standard IRO-010-2, transmission operators 
and balancing authorities must have data exchange capabilities with its 
reporting entities to satisfy the requirements of Reliability TOP-003-
3. For these reasons, NERC contends that Reliability Standards TOP-001-
4, Requirements R19 and R22 are unnecessary and redundant and should be 
retired.
    18. NERC requests that the Commission approve the implementation 
plan, attached to NERC's petition as Exhibit B, and the associated 
violation risk factors and violation severity levels described in 
Exhibit D. The implementation plan provides that proposed Reliability 
Standards IRO-002-7 and TOP-001-5 would become effective on the first 
day of the first calendar quarter that is three months after regulatory 
approval. The currently effective versions of the Reliability Standards 
would be retired immediately prior to the effective date of the revised 
Reliability Standards. NERC explains that the requested timeline 
accounts for the time entities will need to update their systems and 
related documentation.
3. FAC, INT, MOD and PRC Petition (Docket No. RM19-17-000)
    19. On June 7, 2019, in Docket No. RM19-17-000, NERC submitted for 
Commission approval the proposed retirement of 10 currently-effective 
FAC, INT, MOD and PRC Reliability Standards in their entirety without 
replacement.\33\ Additionally, NERC proposed modifications to four 
Reliability Standards reflecting the retirement of certain requirements 
from the currently-effective versions: FAC-008-4 (Facility Ratings), 
INT-006-5 (Evaluation of Interchange Transactions), INT-009-3 
(Implementation of Interchange) and PRC-004-6 (Protection System 
Misoperation Identification and Correction).\34\ NERC asserts that its 
proposals would not adversely impact reliability, but rather they 
``would benefit reliability by allowing entities to focus their 
resources on those Reliability Standard requirements that promote the 
reliable operation and planning of the BPS [Bulk-Power System] and 
avoid unnecessary regulatory burden.'' \35\
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    \33\ Reliability Standards FAC-013-2 (Assessment of Transfer 
Capability for the Near-term Transmission Planning Horizon), INT-
004-3.1 (Dynamic Transfers), INT-010-2.1 (Interchange Initiation and 
Modification for Reliability), MOD-001-1a (Available Transmission 
System Capability), MOD-004-1 (Capacity Benefit Margin), MOD-008-1 
(Transmission Reliability Margin Calculation Methodology), MOD-020-0 
(Providing Interruptible Demands and Direct Control Load Management 
Data to System Operations and Reliability Coordinators), MOD-028-2 
(Area Interchange Methodology), MOD-029-2a (Rated System Path 
Methodology), and MOD-030-3 (Flowgate Methodology).
    \34\ The revised versions of the FAC, INT and PRC Reliability 
Standards are not attached to this final rule. The complete text of 
the Reliability Standards is available on the Commission's eLibrary 
document retrieval system in Docket No. RM19-17-000 and is posted on 
the ERO's website, http://www.nerc.com.
    \35\ Docket No. RM19-17-000 Petition at 7.
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    20. Regarding the full FAC, INT, MOD and PRC Reliability Standards 
proposed for retirement, NERC contends that they are not necessary and 
that removing them would not adversely affect reliability. NERC states 
that retirement of the ten full Reliability Standards is justified 
because they are primarily administrative in nature or largely related 
to commercial or business practices, and therefore no longer serve a 
reliability purpose.\36\ For example, NERC states that the transfer 
capability assessment required under Reliability Standard FAC-013-2 
``serves only a market function'' and ``is not an indicator of [bulk 
electric system] reliability.'' \37\ In supporting its conclusion that 
Reliability Standard INT-010-2.1 primarily relates to commercial and 
business practices, NERC notes that in 2013 the NERC Independent 
Experts Review Panel recommended retiring the previous version of the 
Reliability Standard ``due to overlap with the NAESB Electronic Tagging 
Functional Specification.'' \38\
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    \36\ Docket No. RM19-17-000 Petition at 13-24.
    \37\ Id. at 13.
    \38\ Id. at 16-19.
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    21. Similarly, regarding the MOD Reliability Standards, NERC states 
that ``[Available Transfer Capability] and [Available Flowgate 
Methodology], as well as e-Tags, are commercially-focused elements 
facilitating interchange and balancing of interchange,'' and that 
system operators maintain reliability by monitoring Real-time flows 
based on System Operating Limits and Interconnection Reliability 
Operating Limits.\39\ In particular, NERC

[[Page 65210]]

explains that information on Interruptible Demands and Direct Control 
Load Management required under Reliability Standard MOD-020-0 is not 
useful for transmission operators and reliability coordinators, ``who 
must plan and operate the [Bulk-Power System] within System Operating 
Limits and Interconnection Reliability Operating Limits under the TOP 
and IRO Reliability Standards.'' \40\
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    \39\ Id. at 21.
    \40\ Id. at 23.
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    22. Regarding NERC's proposed modified Reliability Standards, NERC 
states that the data provision obligations of currently effective 
Reliability Standard FAC-008-3, Requirements R7 and R8 are redundant 
with Reliability Standards MOD-032-1, IRO-010-2 and TOP-003-3. NERC 
asserts that Requirements R3.1, R4 and R5 of currently-effective 
Reliability Standard INT-006-4 ``provide little, if any, benefit or 
protection to the reliability operation of the [Bulk-Power System]'' 
\41\ and that the substance of Requirements R4 and R5 in particular 
relate to commercial or business practices and are better addressed 
through the balancing authority's e-Tag Authority Service.\42\ Also, 
NERC states that Requirement R1 of currently-effective Reliability 
Standard INT-009-2.1 is being revised to remove the reference to 
Reliability Standard INT-010, which is also proposed for retirement, 
and Requirement R2 is redundant with Reliability Standard BAL-005-1, 
Requirement R7.\43\ Finally, NERC states that it has determined that 
rather than the ``specific, recurring and inflexible timeframe'' set 
forth in Requirement R4 of currently-effective Reliability Standard 
PRC-004-5 for identifying the cause of a protection system 
misoperation, ``it would be more effective to have entities investigate 
the causes of misoperations according to their own internal control 
policies and procedures.'' \44\
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    \41\ Id. at 29.
    \42\ Id. at 29-31.
    \43\ Id. at 31-32.
    \44\ Id. at 34.
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    23. NERC requests that the Commission approve the implementation 
plan, attached to NERC's petition as Exhibit B, and the associated 
violation risk factors and violation severity levels, attached to 
NERC's petition as Exhibit D, which are generally unchanged from the 
currently effective versions. For the Reliability Standards retired in 
their entirety, NERC proposes an effective date that is immediately 
upon regulatory approval of the retirement. NERC also seeks to retire 
the currently effective Reliability Standards FAC-008-3, INT-006-4, 
INT-009-2.1, and PRC-004-5(i) immediately prior to the effective date 
of their new versions.

D. Notice of Proposed Rulemaking

    24. On January 23, 2020, the Commission issued a NOPR proposing to 
approve the retirement of 74 of the 77 Reliability Standard 
requirements requested by NERC. However, while proposing to approve the 
majority of Reliability Standard requirement retirements NERC proposed, 
the Commission expressed concern with NERC's justification for 
retirement of Reliability Standard FAC-008-3, Requirement R7 and R8 
because those requirements did not appear to be entirely redundant of 
other existing Reliability Standards. Accordingly, the Commission 
sought more information from NERC regarding how other existing 
Reliability Standards render Reliability Standard FAC-008-3, 
Requirements R7 and R8 redundant, and how retiring those requirements 
would not create a reliability gap.
    25. In response to the NOPR, the Commission received comments from 
NERC, Trade Associations (i.e., American Public Power Association, 
Edison Electric Institute, Large Public Power Council, National Rural 
Electric Cooperative Association, Transmission Access Policy Study 
Group), Bonneville Power Administration, Western Area Power 
Administration, and Jonathan Appelbaum. We address below the issues 
raised in the NOPR and comments.

II. Discussion

A. Approved Retirement of 18 Reliability Standard Requirements

    26. Pursuant to section 215(d)(2) of the FPA, the Commission 
approves NERC's request to retire 18 Reliability Standard requirements 
as just, reasonable, not unduly discriminatory or preferential, and in 
the public interest. NERC's petitions provide an adequate basis to 
conclude that the requirements proposed for retirement: (1) Provide 
little or no reliability benefit; (2) are administrative in nature or 
relate expressly to commercial or business practices; or (3) are 
redundant with other Reliability Standards. NERC's justifications for 
retiring the 18 requirements are consistent with the retirement 
guidelines set forth by the Commission in Order No. 788 and with the 
determination that ``requirements proposed for retirement can be 
removed from the Reliability Standards with little effect on 
reliability and an increase in efficiency of the ERO compliance 
program.'' \45\
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    \45\ Order No. 788, 145 FERC ] 61,147 at P 1.
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    27. While the Commission approves the retirement of the 18 
Reliability Standard requirements, pursuant to FPA section 215(d)(4), 
we remand proposed Reliability Standard FAC-008-4. As discussed below, 
we are satisfied with the justification for retiring Reliability 
Standard FAC-008-3, Requirement R7 contained in NERC's comments. 
However, for the reasons discussed below, we are not persuaded that it 
is appropriate to retire Reliability Standard FAC-008-3, Requirement 
R8. Because the Commission, pursuant to FPA section 215(d)(4), must 
remand to NERC for further consideration a proposed modification to a 
Reliability Standard that the Commission disapproves in whole or in 
part, we remand proposed Reliability Standard FAC-008-4 to address our 
concerns with the retirement of Requirement R8.

B. Reliability Standard FAC-008-3, Requirements R7 and R8

1. NERC Petition
    28. Reliability Standard FAC-008-3, Requirements R7 and R8 require 
generator owners and transmission owners, respectively, to provide 
facility ratings and related information to requesting reliability 
coordinators, planning coordinators, transmission planners, 
transmission owners and transmission operators. NERC contends that 
requirements in Reliability Standards MOD-032-1, IRO-010-2, and TOP-
003-3 render the data provision obligations of Requirements R7 and R8 
in Reliability Standard FAC-008-3 redundant and, therefore, unnecessary 
for reliability.\46\
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    \46\ Docket No. RM19-17-000 Petition at 15.
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    29. To support its redundancy claim, NERC explains that Reliability 
Standard MOD-032-1 requires generator owners and transmission owners to 
provide information on power capabilities and facility ratings 
(Requirement R2) to enable planning coordinators and transmission 
planners to ``jointly develop steady-state, dynamics, and short circuit 
modeling data requirements and reporting procedures for the Planning 
Coordinator's planning area'' (Requirement R1). NERC further explains 
that Reliability Standard IRO-010-2 requires reliability coordinators 
to maintain ``a documented specification for the data necessary to 
perform its Operational Planning Analyses, Real-time monitoring, and 
Real-time Assessments. This data necessarily includes Facility Ratings 
as

[[Page 65211]]

inputs to System Operating Limit monitoring.'' \47\ NERC notes that 
under Requirement R3 of IRO-010-2, the transmission owner and generator 
owner must provide such data. Finally, NERC points out that Reliability 
Standard TOP-003-3 requires the transmission operator to maintain data 
specifications (Requirement R1) and the transmission owner and 
generation owner to provide the requested data (Requirement R5). 
Relying on this framework of data specification and provision, NERC 
concludes that Reliability Standard FAC-008-3, Requirements R7 and R8 
``are now redundant to other more robust Reliability Standards and are 
no longer needed for reliability.'' \48\
---------------------------------------------------------------------------

    \47\ Id. at 28.
    \48\ Id.
---------------------------------------------------------------------------

2. NOPR
    30. While agreeing with NERC that Reliability Standards MOD-032-1, 
IRO-010-2 and TOP-003-3 provide a basis for retiring certain elements 
of Reliability Standard FAC-008-3, Requirements R7 and R8, the 
Commission stated that NERC's petition ``does not address other 
elements of Requirements R7 and R8 that do not appear to be 
redundant.'' \49\ The NOPR explained that Reliability Standard FAC-008-
3, Requirements R7 and R8 require generation owners and transmission 
owners to provide facility ratings to several functional entity types, 
including transmission owners. The Commission observed that the three 
Reliability Standards NERC claims to render Requirements R7 and R8 
redundant require generator owners and transmission owners to provide 
facility ratings to other functional entities, including reliability 
coordinators, planning coordinators, transmission planners, and 
transmission operators, they do not require the provision of facility 
ratings to transmission owners. The Commission expressed concern that 
eliminating the mandatory exchange of facility-related information with 
transmission owners could ``impact reliability since these requirements 
ensure that all transmission owners have accurate facility-related 
information in the models that they use to plan and operate the bulk 
electric system.'' \50\
---------------------------------------------------------------------------

    \49\ NOPR, 170 FERC ] 61,032 at P 31.
    \50\ Id.
---------------------------------------------------------------------------

    31. The Commission also noted that Reliability Standards MOD-032-1, 
IRO-010-2, and TOP-003-3 do not address sub-requirement R8.1.2 of 
Reliability Standard FAC-008-3, relating to the identity of the next 
most limiting equipment of a requested facility. Further, the 
Commission observed that the Reliability Standards NERC claims are 
redundant also do not account for sub-requirement R8.2, which requires 
the identification and thermal rating of the existing next most 
limiting equipment of facilities with a thermal rating that limits the 
use of that facility by causing either an Interconnection Reliability 
Operating Limit, a limitation of Total Transfer Capability, an 
impediment to generator deliverability, or an impediment to service to 
a major load center as specified in FAC-008-3 (Requirement R8.2).\51\
---------------------------------------------------------------------------

    \51\ This requirement was developed in response to a directive 
in Order No. 693. Mandatory Reliability Standards for the Bulk-Power 
System, Order No. 693, 118 FERC ] 61,218, at P 756, order on reh'g, 
Order No. 693-A, 120 FERC ] 61,053 (2007); see also NERC, Petition, 
Docket No. RD11-10-000, at 11-13, 20-21 (filed Jun. 15, 2011).
---------------------------------------------------------------------------

    32. Therefore, the Commission stated that Reliability Standard FAC-
008-3, Requirements R7 and R8 do not appear to be entirely redundant of 
the Reliability Standards cited by NERC and, if retired, could create 
reliability gaps. The Commission sought clarification from NERC because 
the petition does not address these non-redundant elements of 
Requirements R7 and R8.
3. Comments
    33. NERC, Trade Associations and Appelbaum support the retirement 
of Reliability Standard FAC-008-3, Requirements R7 and R8, maintaining 
that transmission owners do not need facility ratings and related 
information to perform their responsibilities.\52\ In their view, 
transmission owners play a more limited role than the planning and 
operation function of the other applicable entities in Reliability 
Standard FAC-008-3. NERC notes that the NERC Glossary describes 
transmission owner as an ``entity that owns and maintains transmission 
facilities'' and that a transmission owner is ``not the functional 
entity directly responsible for complying with Reliability Standards 
for planning and operating the Bulk Power System.'' \53\ Additionally, 
Appelbaum notes that ``in many cases'' transmission owner and 
generation owner interconnection agreements exist and contain 
provisions governing how facilities are operated and maintained, 
including the methodology and responsibility for rating facilities.\54\ 
By contrast Bonneville commented, without elaboration, that it agrees 
that Reliability Standards FAC-008, Requirements R7 and R8 should be 
retained.\55\
---------------------------------------------------------------------------

    \52\ As discussed below, Appelbaum supports retaining sub-
requirement R8.2.
    \53\ NERC Comments at 8 (citing NERC Glossary of Terms Used in 
NERC Reliability Standards).
    \54\ Appelbaum Comments at 3.
    \55\ Bonneville Comments at 2.
---------------------------------------------------------------------------

    34. NERC and Trade Associations assert that entities with the 
responsibility to plan and operate the Bulk-Power System (i.e., 
transmission operators and transmission planners) obtain the 
information they need under Reliability Standards MOD-032-1 and TOP-
003-3, and thus they do not require Reliability Standard FAC-008-3, 
Requirements R7 and R8.\56\ Trade Associations state that ``from a grid 
reliability perspective, it is the responsible Transmission Planner and 
Transmission Operator that need the facility ratings because they are 
accountable for the reliable planning and operation of the bulk 
electric system, not the Transmission Owner.'' \57\ Further, Trade 
Associations note that the Commission previously approved the 
retirement of Reliability Standard FAC-008-3, Requirement R4, which had 
similar obligations to Requirements R7 and R8, based on the 
Commission's conclusion that the requirement to make available such 
facility ratings information was an administrative task that provides 
little protection for bulk electric system reliability.\58\
---------------------------------------------------------------------------

    \56\ NERC Comments at 8; Trade Association Comments at 6.
    \57\ Trade Association Comments at 7.
    \58\ Id. (citing Order No. 788, 145 FERC ] 61,147 at P 19).
---------------------------------------------------------------------------

    35. In response to the Commission's concerns regarding Reliability 
Standard FAC-008-3, sub-requirements 8.1.2 and 8.2, NERC and Trade 
Associations assert that the ``catch-all'' provision in Reliability 
Standard MOD-032-1, Attachment 1 Data Reporting Requirements, requires 
transmission owners and generation owners to provide ``other 
information requested by the planning coordinator or transmission 
provider necessary for modeling purposes,'' which includes data 
described in sub-requirements 8.1.2 and 8.2.\59\ Further, NERC and 
Trade
---------------------------------------------------------------------------

    \59\ NERC Comments at 8-9; Trade Association Comments at 9.

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

[[Page 65212]]

Associations assert that reliability coordinators and transmission 
system operators obtain this information under the data specification 
requirements in Reliability Standards IRO-010-2 and TOP-003-3.\60\ NERC 
concludes that ``[n]ow that these broader data specification standards 
are in place, NERC has identified no reliability need to maintain 
additional requirements expressly requiring the provision of this data 
in the FAC-008 standards.'' \61\
---------------------------------------------------------------------------

    \60\ NERC Comments at 9; Trade Associations Comments at 8-9 
(``Reliability Standard TOP-003-3 (Operational Reliability Data) 
Requirements R3 and R5 require the provision of such information 
through data specifications that are issued by Transmission 
Operators.'')
    \61\ NERC Comments at 9.
---------------------------------------------------------------------------

    36. Appelbaum contends that sub-requirement 8.2 should be retained, 
however, because it ``support[s] reliable operations under very limited 
circumstances and very limited locations, yet it is important enough to 
retain.'' \62\ He explains that sub-requirement 8.2 focuses on specific 
circumstances, wherein having knowledge of the increase in facility 
rating based on the next most limiting equipment improves system 
operations, and therefore reliability, and ``adds resilience to the 
operation of the Bulk Power System.'' \63\
---------------------------------------------------------------------------

    \62\ Appelbaum Comments at 7 (referring to load pockets that 
contain critical infrastructure, dense populations, or have large 
financial impacts).
    \63\ Id. at 6-7.
---------------------------------------------------------------------------

4. Commission Determination
    37. Pursuant to FPA section 215(d)(4), we remand proposed 
Reliability Standard FAC-008-4. As discussed below, we are satisfied 
with NERC's justification for retiring Reliability Standard FAC-008-3, 
Requirement R7. However, for the reasons discussed below, we are not 
persuaded that it is appropriate to retire Reliability Standard FAC-
008-3, Requirement R8. Because the Commission, pursuant to FPA section 
215(d)(4), must remand to NERC for further consideration a proposed 
modification to a Reliability Standard that the Commission disapproves 
in whole or in part, we remand proposed Reliability Standard FAC-008-4 
to address our concerns with the retirement of Requirement R8.
    38. Regarding Reliability Standard FAC-008-3, Requirement R7, we 
are persuaded that retiring Requirement R7 will not result in a 
reliability gap because Requirement R7 is redundant or otherwise 
provides little or no reliability benefit. We agree with NERC that, 
unlike transmission operators and transmission planners that need and 
will continue to receive facility ratings information under other 
Reliability Standards, transmission owners do not need to exchange 
facility ratings because they have a more limited functional role that 
does not involve planning and operating the Bulk-Power System. Only 
Bonneville, a registered transmission owner, supported retaining 
Requirement R7, and no transmission owner submitted comments indicating 
that it needed the facility ratings information required under 
Requirement R7.\64\ Moreover, the Commission did not direct the 
inclusion of transmission owners in Requirement R7. Reliability 
Standard FAC-008-3, Requirement R7 was formerly designated Reliability 
Standard FAC-009-1, Requirement R2. The Commission approved Reliability 
Standard FAC-009-1, Requirement R2 in Order No. 693 and did so without 
requiring the sharing of facility ratings information with transmission 
owners.\65\
---------------------------------------------------------------------------

    \64\ While Bonneville submitted comments supporting the 
retention of Requirement R7, Bonneville did not elaborate on its 
position.
    \65\ Order No. 693, 118 FERC ] 61,218 at PP 772-774. NERC 
subsequently added transmission owners as recipients, without 
elaboration, when NERC revised Reliability Standard FAC-008 and 
retired Reliability Standard FAC-009.
---------------------------------------------------------------------------

    39. While we determine that the retirement of Requirement R7 is 
appropriate, we are not convinced that the retirement of sub-
requirements R8.1.2 and 8.2 will not result in a reliability gap. By 
retiring sub-requirements R8.1.2 and 8.2, transmission owners will no 
longer be required to communicate ratings information for solely owned 
limiting and next most limiting equipment present on jointly-owned 
facilities. Without ratings information on limiting and next most 
limiting equipment, transmission owners could lack the necessary 
information to correctly calculate the ratings for their jointly-owned 
facilities. The Commission recognized the importance of this type of 
information exchange in Order No. 693 by directing NERC to require the 
sharing of information regarding the most limiting and next most 
limiting equipment when requested.\66\
---------------------------------------------------------------------------

    \66\ Order No. 693, 118 FERC ] 61,218 at PP 755-762.
---------------------------------------------------------------------------

    40. The transmission owner's obligation under Reliability Standard 
FAC-008-3, Requirement R3 is also impacted by the proposed retirement 
of Requirement R8. Reliability Standard FAC-008-3, Requirement R3 
requires transmission owners to have a documented facility ratings 
methodology for solely and jointly owned facilities that, pursuant to 
Requirement R3.3, includes a ``statement that a Facility Rating shall 
respect the most limiting applicable Equipment Rating of the individual 
equipment that comprises that Facility.'' In order to rate equipment 
accurately to avoid mis-ratings of jointly-owned transmission lines, 
the transmission owner needs information about the co-owner's most 
limiting equipment on shared facilities. Therefore, under these 
circumstances, we conclude that Requirement R8 is needed to ensure that 
limiting and next limiting equipment is identified and communicated.

III. Information Collection Statement

    41. The information collection requirements contained in this final 
rule are subject to review by the Office of Management and Budget (OMB) 
under section 3507(d) of the Paperwork Reduction Act of 1995.\67\ OMB's 
regulations require approval of certain information collection 
requirements imposed by agency rules.\68\ Upon approval of a collection 
of information, OMB will assign an OMB control number and 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.
---------------------------------------------------------------------------

    \67\ 44 U.S.C. 3507(d).
    \68\ 5 CFR 1320.
---------------------------------------------------------------------------

    42. The Commission estimates that the final rule, which would 
retire 18 requirements of Reliability Standards without adding any new 
obligations on registered entities, would result in a total reduction 
in burden for industry of 42,907.44 hours. The Commission based the 
burden reduction estimates on staff experience, knowledge, and 
expertise.

[[Page 65213]]



                                              Reductions Due to Final Rule in Docket Nos. RM19-16 & RM19-17
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Number of                          Average
                                                                                            annual      Total number  of     number of     Total burden
    Reliability standard & requirement            Type \69\ and number  of entity        responses per      responses      burden hours        hours
                                                                                            entity                         per response
                                            (1).......................................             (2)   (1) * (2) = (3)             (4)     (3) * (4) =
                                                                                                                                                     (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        FERC-725A
--------------------------------------------------------------------------------------------------------------------------------------------------------
FAC-013-2.................................  RC (12)...................................            8.33               100           26.67           2,667
INT-006-4 R3.1, R4, R5, R5.1, R5.2, R5.3,   BA/TSP (169)..............................               1               169            56.3         9,514.7
 R5.4, R5.5.
INT-004-3.1...............................  BA (97)...................................               1                97            56.3         5,461.1
INT-010-2.1...............................  BA(97)....................................               1                97            56.3         5,461.1
INT-009-2.1 R2............................  BA (97)...................................               1                97            56.3         5,461.1
MOD-020-0.................................  TP/RP/DP/BA (767).........................               1               767            14.4        11,044.8
                                           -------------------------------------------------------------------------------------------------------------
    Sub-Total for FERC-725A...............  1,239.....................................  ..............             1,327  ..............        39,609.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      FERC-725A(1C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOP-001-4 R19 & R22.......................  BA/TO/GO/DP (1,704).......................             .25               426             0.8           340.8
                                           -------------------------------------------------------------------------------------------------------------
    Sub-Total for FERC-725A(1C)...........  1,704.....................................  ..............               426  ..............           340.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       FERC-725G1
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC-004-5(i) R4...........................  TO/GO/DP (1,607)..........................             .41               659            4.36        2,873.24
                                           -------------------------------------------------------------------------------------------------------------
    Sub-Total for FERC-725G1..............  1,607.....................................  ..............               659  ..............        2,873.24
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        FERC-725Z
--------------------------------------------------------------------------------------------------------------------------------------------------------
IRO-002-6 R1..............................  RC (12)...................................            1.17                14            5.97            83.6
                                           -------------------------------------------------------------------------------------------------------------
    Sub-Total for FERC-725Z...............  12........................................  ..............                14  ..............            83.6
                                           -------------------------------------------------------------------------------------------------------------
        Total Reductions Due to Final Rule  ..........................................  ..............             2,426  ..............       42,907.44
         in RM19-16 & RM19-17.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Titles: FERC-725A, Mandatory Reliability Standards for the Bulk 
Power System; FERC-725A(1C), Mandatory Reliability Standards for Bulk-
Power System: Reliability Standard TOP-001-4; FERC-725G1, Mandatory 
Reliability Standards for the Bulk-Power System: Reliability Standard 
PRC-004-5(i); FERC-725Z, Mandatory Reliability Standards: IRO 
Reliability Standards.
---------------------------------------------------------------------------

    \69\ RC=Reliability Coordinator; BA=Balancing Authority; 
TSP=Transmission Service Provider; TO=Transmission Owner; 
GO=Generator Owner; DP=Distribution Provider; TP=Transmission 
Provider; and RP=Resource Planner. Our estimates are based on the 
NERC Compliance Registry of July 17, 2020, which indicates there are 
974 entities registered as GOs, 321 entities registered as TOs, 97 
entities registered as BAs, 72 entities registered as TSPs, 198 
entities registered as TPs312 entities registered as DPs, 160 
entities registered as RPs, and 12 entities registered as RCs within 
the United States.
---------------------------------------------------------------------------

    Action: Reductions to Existing Collections of Information FERC-
725A, FERC-725A(1C), and FERC-725Z; and Elimination of Collections of 
Information, and FERC-725G1.
    OMB Control Nos: 1902-0244 (FERC-725A); 1902-0298 (FERC-
725A(1C));1902-0284 (FERC-725G1); and 1902-0276 (FERC-725Z).
    Respondents: Business or other for profit, and not for profit 
institutions.
    Frequency of Responses: On occasion (and proposed for deletion).
    43. Necessity of the Information: This proceeding approves the 
retirement of four Reliability Standards in their entirety and five 
revised Reliability Standards, reflecting a total of 18 retired 
requirements identified by NERC. The approved retirements either: (1) 
Provide little or no reliability benefit; (2) are administrative in 
nature or relate expressly to commercial or business practices; or (3) 
are redundant with other Reliability Standards.
    44. Internal review: The Commission has reviewed NERC's proposal 
and determined that its action is necessary to implement section 215 of 
the FPA. The Commission has assured itself, by means of its internal 
review, that there is specific, objective support for the burden 
reduction estimates associated with the information requirements 
approved for retirement.
    45. 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 [Attention: Ellen Brown, email: [email protected], phone: 
(202) 502-8663, fax: (202) 273-0873].
    46. Comments concerning the information collections and 
requirements approved for retirement in this final rule and the 
associated burden estimates, should be sent to the Commission in this 
docket and may also be sent 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 refer to the appropriate OMB 
Control Number(s) and Docket Nos. RM19-16-000 and RM19-17-000 in your 
submission.

[[Page 65214]]

IV. Regulatory Flexibility Act Certification

    47. The Regulatory Flexibility Act of 1980 (RFA) \70\ generally 
requires a description and analysis of rulemakings 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 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.\71\ The Small Business 
Administration has established size standards, for the types of 
affected entities (noted in the table above), that range from a maximum 
of 250-1,000 employees for an entity and its affiliates to be 
considered small.
---------------------------------------------------------------------------

    \70\ 5 U.S.C. 601-612.
    \71\ 13 CFR 121.101.
---------------------------------------------------------------------------

    48. The Commission estimates the total industry reduction in burden 
for all entities (large and small) to be 42,907.44 hours (or 
approximately 18 hours (rounded) per response). The Commission believes 
that this will reduce burden and cost for all affected entities.
    49. Based on the information above, the Commission certifies that 
the reductions will not have a significant impact on a substantial 
number of small entities. Accordingly, no initial regulatory 
flexibility analysis is required.

V. Environmental Analysis

    50. 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.\72\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Included in the exclusion are rules that are clarifying, 
corrective, or procedural or that do not substantially change the 
effect of the regulations being amended.\73\ The actions approved here 
fall within this categorical exclusion in the Commission's regulations.
---------------------------------------------------------------------------

    \72\ 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).
    \73\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

VI. Document Availability

    51. 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.
    52. 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.
    53. User assistance is available for eLibrary and the Commission's 
website 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].

VII. Effective Date and Congressional Notification

    54. This final rule is effective December 14, 2020. The Commission 
has determined, with the concurrence of the Administrator of the Office 
of Information and Regulatory Affairs of OMB, that this rule is not a 
``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This final rule is being 
submitted to the Senate, House, and Government Accountability Office.

    By direction of the Commission.

    Issued: September 17, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    Note: the following Appendix will not appear in the Code of 
Federal Regulations.

Appendix

Commenters

------------------------------------------------------------------------
         Abbreviation                          Commenter
------------------------------------------------------------------------
NERC.........................  North American Electric Reliability
                                Corporation.
Trade Associations...........  American Public Power Association, Edison
                                Electric Institute, Large Public Power
                                Council, National Rural Electric
                                Cooperative Association, Transmission
                                Policy Study Group.
Bonneville...................  Bonneville Power Administration.
WAPA.........................  Western Area Power Administration.
Appelbaum....................  Jonathan Appelbaum.
------------------------------------------------------------------------

[FR Doc. 2020-20972 Filed 10-14-20; 8:45 am]
BILLING CODE 6717-01-P