[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 23954-23957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09519]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC21-19-000, RD21-4-000]


Commission Information Collection Activities (FERC-725A); Comment 
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995, the Federal Energy Regulatory Commission (Commission or 
FERC) is soliciting public comment on the currently approved 
information collection, FERC-725A (Mandatory Reliability Standards for 
the Bulk-Power System). This notice includes the burden totals for 
proposed Reliability Standard FAC-008-5.

[[Page 23955]]


DATES: Comments on the collection of information are due July 6, 2021.

ADDRESSES: You may submit copies of your comments (identified by Docket 
No. IC21-19-000) by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
     For those unable to file electronically, comments may be 
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy 
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in 
accordance with submission guidelines at: http://www.ferc.gov. For user 
assistance, contact FERC Online Support by email at 
[email protected], or by phone at (866) 208-3676 (toll-free).
    Docket: Users interested in receiving automatic notification of 
activity in this docket or in viewing/downloading comments and 
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
[email protected], telephone at (202) 502-8663.

SUPPLEMENTARY INFORMATION: 
    Title: FERC-725A (Mandatory Reliability Standards for the Bulk-
Power System).
    OMB Control No.: 1902-0244.
    Type of Request: Three-year extension of the FERC-725A information 
collection requirements with no changes to the current reporting 
requirements.
    Abstract: On August 8, 2005, the Electricity Modernization Act of 
2005, which is Title XII, Subtitle A, of the Energy Policy Act of 2005 
(EPAct 2005), was enacted into law.\1\ EPAct 2005 added a new section 
215 to the FPA, which requires a Commission-certified electric 
reliability organization (ERO) (FERC-725) to develop mandatory and 
enforceable Reliability Standards, which are subject to Commission 
review and approval. Once approved, the Reliability Standards may be 
enforced by the ERO, subject to Commission oversight or the Commission 
can independently enforce Reliability Standards (FERC-725A).\2\
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    \1\ Energy Policy Act of 2005, Public Law 109-58, Title XII, 
Subtitle A, 119 Stat. 594, 941 (2005), to be codified at 16 U.S.C. 
824o.
    \2\ 16 U.S.C. 824o(e)(3).
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    On February 3, 2006, the Commission issued Order No. 672, 
implementing section 215 of the FPA.\3\ Pursuant to Order No. 672, the 
Commission certified one organization, NERC, as the ERO.\4\ The ERO is 
required to develop Reliability Standards, which are subject to 
Commission review and approval. The Reliability Standards will apply to 
users, owners and operators of the Bulk-Power System, as set forth in 
each Reliability Standard.
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    \3\ Rules Concerning Certification of the Electric Reliability 
Organization; Procedures for the Establishment, Approval and 
Enforcement of Electric Reliability Standards, Order No. 672, 71 FR 
8662 (February 17, 2006), FERC Stats. & Regs. ] 31,204 (2006), order 
on reh'g, Order No. 672-A, 71 FR 19814 (April 18, 2006), FERC Stats. 
& Regs. ] 31,212 (2006).
    \4\ North American Electric Reliability Corp., 116 FERC ] 61,062 
(ERO Certification Order), order on reh'g & compliance, 117 FERC ] 
61,126 (ERO Rehearing Order) (2006), order on compliance, 118 FERC ] 
61,030 (2007) (January 2007 Compliance Order).
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    On March 16, 2007, the Commission issued Order No. 693, a Final 
Rule adding part 40, a new part, to the Commission's regulations. The 
Final Rule states that this part applies to all users, owners and 
operators of the Bulk-Power System within the United States (other than 
Alaska or Hawaii). It also requires that each Reliability Standard 
identify the subset of users, owners and operators to which that 
particular Reliability Standard applies. The new regulations also 
require that each Reliability Standard that is approved by the 
Commission will be maintained on the ERO's internet website for public 
inspection.
    In order that the Commission is able to perform its oversight 
function with regard to Reliability Standards that are proposed by the 
ERO and established by the Commission, it is essential that the 
Commission receive timely information regarding all or potential 
violations of Reliability Standards. While section 215 of the FPA 
contemplates the filing of the record of an ERO or Regional Entity 
enforcement action, FERC needs information regarding violations and 
potential violations at or near the time of occurrence. Therefore, it 
will work with the ERO and regional reliability organizations to be 
able to use the electronic filing of information so the Commission 
receives timely information. The new regulations also require that each 
Reliability Standard that is approved by the Commission will be 
maintained on the ERO's internet website for public inspection. In 
accordance with section 39.5 of the Commission's regulations, the ERO 
must file each Reliability Standard or a modification to a Reliability 
Standard with the Commission. The filing is to include a concise 
statement of the basis and purpose of the proposed Reliability 
Standard, either a summary of the Reliability development proceedings 
conducted by the ERO or a summary of the Reliability Standard 
development proceedings conducted by a Regional Entity together with a 
summary of the Reliability Standard review proceedings of the ERO and a 
demonstration that the proposed Reliability Standard is ``just, 
reasonable, not unduly discriminatory or preferential, and in the 
public interest.

RD21-4 (FAC-008-05)

    The proposed information collection changes in Docket No. RD21-4-
000 relate to the proposed Reliability Standard FAC-008-05 (Facility 
Ratings) developed by the North American Electric Reliability 
Corporation (NERC), and submitted to the Commission for approval. The 
Commission received NERC's petition to approve the proposed Reliability 
Standards.
    On February 19, 2021, NERC filed a petition seeking approval of 
proposed Reliability Standard FAC-008-5. NERC states that proposed 
Reliability Standard FAC-008-5 reflects the retirement of Requirement 
R7 of the currently effective standard. NERC notes that this proposal 
was recommended following the first phase of work under the NERC 
Standards Efficiency Review and that in its Order No. 873 remanding a 
previously proposed version of the FAC-008 Reliability Standard, the 
Commission agreed that the retirement of Requirement R7 from the 
standard would not result in a reliability gap.

[[Page 23956]]

    In June 2019, following the conclusion of the standard development 
process, NERC submitted a series of standard retirement proposals to 
the Commission. Among the proposals, NERC submitted for Commission 
approval proposed Reliability Standard FAC-008-4, in which NERC 
proposed to retire Requirements R7 and R8 of currently effective 
Reliability Standard FAC-008-3. In September 2020, the Commission 
issued Order No. 873 regarding NERC's retirement proposals. In this 
order, the Commission remanded proposed Reliability Standard FAC-008-4 
to NERC for further consideration, citing concerns with the proposed 
retirement of Requirement R8 of the currently effective standard. The 
standard drafting team determined to develop a new version of the 
Reliability Standard, proposed Reliability Standard FAC-008-5, in which 
only Requirement R7 of the currently effective standard would be 
proposed for retirement. Reliability Standard FAC-008-3 Requirement R7 
requires Generator Owners and Transmission Owners to provide certain 
information to requesting Reliability Coordinator(s), Planning 
Coordinator(s), Transmission Planner(s), Transmission Owner(s), and 
Transmission Operator(s) regarding their Facilities, as follows:
    R7. Each Generator Owner shall provide Facility Ratings (for its 
solely and jointly owned Facilities that are existing Facilities, new 
Facilities, modifications to existing Facilities and re-ratings of 
existing Facilities) to its associated Reliability Coordinator(s), 
Planning Coordinator(s), Transmission Planner(s), Transmission Owner(s) 
and Transmission Operator(s) as scheduled by such requesting entities.
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    \5\ Burden is defined as the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. For 
further explanation of what is included in the information 
collection burden, refer to 5 CFR part 1320.
    \6\ The Commission staff thinks that the average respondent for 
this collection is similarly situated to the Commission, in terms of 
salary plus benefits. Based on FERC's 2020 annual average of 
$172,329 (for salary plus benefits), the average hourly cost is $83/
hour.
    \7\ The type of entity effect is the NERC registered GO = 
Generator Owners (1,003). This reduction for 725A represent a 
decrease in burden but the GOs still have other obligations, so the 
1,003 is included for information purpose but does not affect the 
overall number of entities in 725A.
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    In the years since Reliability Standard FAC-008-3 was developed, 
NERC has developed other Reliability Standards that render the data 
provision obligations of Requirement R7 redundant. Specifically, 
Reliability Standards MOD-032-1, IRO-010-2, and TOP-003-3 contain 
provisions to help ensure that the entities that have the 
responsibility to plan and operate the Bulk Power System have the data 
they need from Generator Owners and Transmission Owners for operations 
and planning. Requirement R1 of Reliability Standard MOD-032-1--Data 
for Power System Modeling and Analysis requires the Planning 
Coordinator and Transmission Planner to develop modeling data 
requirements and reporting procedures including the data listed in 
Attachment 1 to the standard. This data would include information on 
power capabilities and Facility Ratings. Requirement R2 requires the 
Generator Owner and Transmission Owner to provide the requested 
information. Requirement R1 of Reliability Standard IRO-010-2--
Reliability Coordinator Data Specification and Collection requires the 
Reliability Coordinator 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 inputs to System Operating Limit monitoring. 
Requirement R3 requires the Transmission Owner and Generator Owner to 
provide requested data. Similarly, Requirement R1 of Reliability 
Standard TOP-003-3--Operational Reliability Data requires the 
Transmission Operator to maintain a documented data specification 
(Requirement R1) and for the Transmission Owner and Generator Owner to 
provide the requested data (Requirement R5).
    Estimate of Annual Burden: \5\ The Commission estimates the burden 
and cost \6\ for this information collection as follows.

             Proposed Changes to Burden Due to Docket No. RD20-4-000 Adjustments and Clarifications
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                                 Number of      Annual number                    Average burden
   Reliability standard &      respondents &    of responses    Annual number       hrs. per       Total annual
        requirements           type of entity  per respondent   of  responses       response       burden hours
                              (1)............             (2)  (1) * (2) = (3)  (4)............  (3) * (4) = (5)
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                           RD21-4 Net Changes to FERC-725A, OMB Control No. 1902-0244
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FAC-008-05 (Facility          1,003 (No                     1  1,003 (No        -10 hrs.         -10,030 hrs.
 Ratings) \7\.                 Change).                         Change).         (Reduction).     (Reduction).
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[[Page 23957]]

IC21-19-000 Renewal of 725A

    The following table represents the current burden associated with 
all Mandatory Reliability Standards that fall under FERC-725A.

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                                                   Number of                     Average number
    Reliability standard &        Number of         annual      Total number of     of burden      Total burden
         requirement              entity \8\     responses per     responses        hours per         hours
                                                    entity                          response
                               (1)............             (2)  (1) * (2) = (3)             (4)  (3) * (4) = (5)
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                                                    FERC-725A
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Mandatory Reliability          (3,420)........               1  3,420..........          428.86  1,466,716 hrs.
 Standards for Bulk Power
 System.
RD21-4 Net Changes...........  1,003 (No                     1  1,003 (No                   -10  -10,030 hrs.
                                change).                         Change).                         (Reduction).
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    Total for FERC-725A......  ...............  ..............  ...............  ..............  1,456,686 hrs.
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    Note: FAC-008-05 is a part of the Bulk Power System burden totals. 
The net changes for the responses and hours will affect the totals for 
the row stated ``Mandatory Reliability Standards for Bulk Power 
System''.
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    \8\ This is a list of NERC registered entities who under 725A 
need to follow the NERC Standards. BA = Balancing Authority (99); DP 
= Distribution Provider (373); GP = Generator Owner (1,003); 
Generator Operator (937); PA PC Planning Authority Planning 
Coordinator (65); RC = Reliability Coordinator (11); RP = Resource 
Planner (160); RSG = Reserve Sharing Group (11); FRSG = Frequency 
Response Sharing Group (1); TO = Transmission Owner (321); TOP = 
Transmission Operator (167); TP = Transmission Provided (201); TSP = 
Transmission Service Provider (71); for a sum total of (3,420). The 
same entity may have multiple registration obligation to follow 
under 725A so an individual entity's obligation increases based on 
registration functions. These values were derived from the NERC 
Compliance data of February 5, 2021 using only unique United States 
registered entities.
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    Comments: Comments are invited on: (1) Whether the collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

    Dated: April 29, 2021.
Kimberly D. Bose,
Secretary.

[FR Doc. 2021-09519 Filed 5-4-21; 8:45 am]
BILLING CODE 6717-01-P