111 FERC ¶ 61,204

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Parts 35, 37, and 38 

(Docket No. RM05-5-000) 

Standards for Business Practices and 

Communication Protocols for Public Utilities 

(May 9, 2005) 

AGENCY: Federal Energy Regulatory Commission 

ACTION: Notice of Proposed Rulemaking 

SUMMARY: The Federal Energy Regulatory Commission is proposing to amend its 

regulations to incorporate by reference standards promulgated by the North American 

Energy Standards Board’s (NAESB’s) Wholesale Electric Quadrant (WEQ) dealing with: 

Open Access Same-Time Information Systems (OASIS) business practice standards, 

including posting requirements for Order No. 2003 generator interconnection agreements 

and procedures; OASIS Standards and Communication Protocols and Data Dictionary; 

and business practice standards for Coordinate Interchange, Area Control Error (ACE) 

Equation Special Cases, Manual Time Error Correction, and Inadvertent Interchange 

Payback.

 Incorporating these standards by reference into the Commission’s regulations is 

intended to benefit wholesale electric customers by streamlining utility business practices 

and transactional processes and OASIS procedures and by adopting a formal ongoing 

process for reviewing and upgrading the Commission’s OASIS standards and other 
Docket No. RM05-5-000 - ii - 

electric industry business practices that would benefit from the implementation of generic 

industry standards. In addition, the proposal to adopt business practice standards for 

Coordinate Interchange, ACE Equation Special Cases, Manual Time Error Correction, 

and Inadvertent Interchange Payback are intended to complement the Version 0 

Reliability Standards of the North American Electric Reliability Council. 

DATES: Comments on the proposed rule are due [INSERT DATE 45 days after 

publication in the FEDERAL REGISTER]. 

ADDRESSES: Comments may be filed electronically via the eFiling link on the 

Commission's web site at http://www.ferc.gov. Commenters unable to file comments 

electronically must send an original and 14 copies of their comments to: Federal Energy 

Regulatory Commission, Office of the Secretary, 888 First Street, NE, Washington, DC, 

20426. Refer to the Comment Procedures section of the preamble for additional 

information on how to file comments. 

FOR FURTHER INFORMATION CONTACT: 

Marvin Rosenberg (technical issues) 

Office of Markets, Tariffs and Rates 

Federal Energy Regulatory Commission 

888 First Street, NE 

Washington, DC 20426 

(202) 502-8292 

Kay Morice (technical issues) 

Office of Markets, Tariffs and Rates 

Federal Energy Regulatory Commission 

888 First Street, NE 

Washington, DC 20426 

(202) 502-6507 
Docket No. RM05-5-000 - iii - 

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: 
111 FERC ¶ 61,204 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Standards for Business Practices and 

 Communication Protocols for Public Utilities Docket No. RM05-5-000 

NOTICE OF PROPOSED RULEMAKING 

(May 9, 2005) 

1. The Federal Energy Regulatory Commission (Commission) proposes to amend its 

regulations under the Federal Power Act to incorporate by reference certain standards 

promulgated by the North American Energy Standards Board’s (NAESB’s) Wholesale 

Electric Quadrant (WEQ) that implement, with modifications, the Commission’s existing 

Open Access Same-Time Information Systems (OASIS) Business Practice Standards and 

OASIS Standards and Communication Protocols and Data Dictionary requirements. In 

addition, the Commission proposes to incorporate by reference NAESB’s business 

practice standards on Coordinate Interchange, Area Control Error (ACE) Equation 

Special Cases, Manual Time Error Correction, and Inadvertent Interchange Payback that 

complement the Version 0 Reliability Standards of the North American Electric 

Reliability Council (NERC). 

2. Incorporating these standards by reference into the Commission’s regulations is 

intended to benefit wholesale electric customers by streamlining utility business practices 

and transactional processes and OASIS procedures and by adopting a formal ongoing 
Docket No. RM05-5-000 - 2 - 

process for reviewing and upgrading the Commission’s OASIS standards as well as other 

electric industry business practices that would benefit from the implementation of generic 

industry standards.

I. Background

3. When the Commission developed its OASIS regulations, OASIS Standards and 

Communication Protocols, Data Dictionary, and Business Practice Standards, it relied 

heavily on the assistance provided by all segments of the wholesale electric power 

industry and its customers in the ad hoc working groups that came together and offered 

consensus proposals for the Commission’s consideration. While this process was very 

successful, it became apparent to the Commission that ongoing issues remained that 

would be better addressed by an ongoing industry group dedicated to drafting consensus 

industry standards to implement the Commission’s OASIS-related policies and policies 

on other industry business practices that would benefit from the implementation of 

generic industry standards rather than by continued reliance on an ad hoc approach. 

4. On December 19, 2001, the Commission issued an order 1

 asking the wholesale 

electric power industry to develop business practice standards and communication 

protocols by establishing a single consensus, industry-wide standards organization for the 

wholesale electric industry, to complement the market design principles the Commission 

 1 See Electricity Market Design and Structure, 97 FERC ¶ 61,289 (2001) 

(December 2001 Order), 99 FERC ¶ 61,171 (May 2002 Order), reh’g denied, 101 FERC 

¶ 61,297 (2002) (December 2002 Order). 
Docket No. RM05-5-000 - 3 - 

 

was developing. 

5. Subsequently, in 2002, the Gas Industry Standards Board (GISB) stepped forward 

and volunteered to play this role by modifying its organization to broaden the scope of its 

activities to address electric power standards. The result of this reorganization has been 

the emergence of NAESB’s WEQ, a non-profit, industry-driven organization working to 

reach consensus on standards to streamline the business practices and transactional 

processes within the wholesale electric industry and proposing and adopting voluntary 

communication standards and model business practices. 

6. As we have previously stated, we consider “coordination between business 

practice standards and reliability standards to be critical to the efficient operation of the 

market.”2

 Thus, we urged the industry to “expeditiously establish the procedures for 

ensuring such coordination after the NAESB WEQ [was] formalized, and request[ed] 

NAESB and others to file an update on the progress on coordination between it and 

NERC, 90 days after the formation of the WEQ.”3

 

7. In response to the Commission's request, NAESB and NERC filed a joint letter, on 

December 16, 2002, explaining that both organizations had signed a memorandum of 

understanding (MOU) “designed to ensure that the development of wholesale electric 

2

 May 2002 Order, 99 FERC ¶ 61,171at P 22. 

3 Id. at P 22.
Docket No. RM05-5-000 - 4 - 

business practices and reliability standards are harmonized and that every practicable 

effort is made to eliminate overlap and duplication of efforts between the two 

organizations.” The MOU describes, among other coordination procedures, the 

establishment of a Joint Interface Committee that will review all standards development 

proposals received by either organization and determine which organization should be 

assigned to draft the relevant standards. 

8. On January 18, 2005, NAESB filed a report with the Commission detailing the 

WEQ’s activities over the past two years since the group’s inception. This filing 

represents NAESB’s first filing with the Commission reporting on wholesale electric 

business practices. NAESB reports that the WEQ has adopted business practices 

standards and communication protocols for the wholesale electric industry. These 

standards (Version 000 Standards) include the following OASIS-related business practice 

standards and communication protocols: (1) OASIS Business Practice Standards; 

(2) OASIS Standards and Communication Protocols; and (3) an OASIS Data Dictionary. 

9. NAESB also reports that, to complement NERC’s Version 0 Reliability Standards, 

the WEQ has adopted business practice standards for: (1) Coordinate Interchange; 

(2) ACE Equation Special Cases; (3) Manual Time Error Correction; and (4) Inadvertent 

Interchange Payback. Further, NAESB states that the WEQ has adopted business 
Docket No. RM05-5-000 - 5 - 

 

practice standards for Standards of Conduct to implement the Commission’s 

requirements in Order Nos. 2004, 2004-A, and 2004-B.4

10. According to NAESB, the WEQ has adopted the Commission’s OASIS Business 

Practice Standards, OASIS Standards and Communication Protocols, and OASIS Data 

Dictionary to reflect the business practice standards and communication protocol 

standards adopted by the Commission in Order Nos. 605, 638, and 889.5

 NAESB states 

that the WEQ then adopted modifications to these standards to: (1) facilitate the 

redirection of transmission service;6

 (2) address multiple submissions of identical 

4 Standards of Conduct for Transmission Providers, Order No. 2004, FERC Stats. 

& Regs., Regulations Preambles ¶ 31,155 (2003) (Order No. 2004), order on reh'g, Order 

No. 2004-A, FERC Stats. & Regs., Regulations Preambles ¶ 31,161 (2004), order on 

reh'g and clarification, Order No. 2004-B, FERC Stats. & Regs., Regulations Preambles 

¶ 31,166 (2004), order on reh'g and clarification, Order No. 2004-C, FERC Stats. & 

Regs., Regulations Preambles ¶ 31,172 (2005), , order on reh'g and clarification, Order 

No. 2004-D, 110 FERC ¶ 61,320 (2005), appeal pending sub nom. American Gas 

Association v. FERC, No. 04-1178, et al. (D.C. Cir. filed June 9, 2004 and later). 

NAESB reports that it is currently engaged in priority efforts to make any necessary 

modifications to the Standards of Conduct business practice standards to ensure they 

adequately address the requirements of Order No. 2004-C. 

5 Open Access Same-Time Information Systems, Order No. 605, FERC Stats. & 

Regs., Regulations Preambles 1996-2000 ¶ 31,075 (1999); Open Access Same-Time 

Information Systems, Order No. 638, FERC Stats. & Regs., Regulations Preambles 1996-

2000 ¶ 31,093 (2000); Open Access Same-Time Information Systems, Order No. 889, 

FERC Stats. & Regs., Regulations Preambles 1991-1996 ¶ 31,35 (1996), Order No. 889-

A, FERC Stats. & Regs., Regulations Preambles 1996-2000 ¶ 31,049 (1997). 

6

 NAESB Comments at 21. 
Docket No. RM05-5-000 - 6 - 

 

transmission requests/queuing issues;7

 (3) address OASIS posting requirements under 

Order No. 2003 (the Large Generator Interconnection rule);8

 and (4) provide nonsubstantive editing to improve the formatting, organization, and clarity of the text.9

 

11. NAESB also reports that the development of the WEQ business practices 

standards on Coordinate Interchange, ACE Equation Special Cases, Manual Time Error 

Correction, and Inadvertent Interchange Payback was part of a joint effort with NERC 

where the existing NERC operating policies were divided into reliability standards for 

development by NERC and business practices standards for development by NAESB. 

The Commission endorsed this cooperative division of labor between NERC and NAESB 

in the May 2002 Order.10 

7 Id. at 20. 

8 See Standardization of Generator Interconnection Agreements and Procedures, 

Order No. 2003, FERC Stats. & Regs., Regulations Preambles ¶ 31,146 (2003), order on 

reh'g, Order No. 2003-A, FERC Stats. & Regs., Regulations Preambles ¶ 31,160 (2004), 

order on reh'g, Order No. 2003-B, FERC Stats & Regs., Regulations Preambles ¶ 31,171 

(2004), reh'g pending. 

9

 One of these edits was to delete Standard 1.4 of the WEQ’s OASIS Business 

Practice Standards governing compliance with the OASIS Standards of Conduct (which 

is now governed by the Commission’s regulations at 18 CFR part 358, which superceded 

the Commission’s former regulation at 18 CFR 37.4) because the provision to which it 

related has now been superseded. 

10 99 FERC ¶ 61,171 at P 22. 
Docket No. RM05-5-000 - 7 - 

II. Discussion

A. Standards Development and Incorporation by Reference

12. As we have previously stated, we are pleased that the industry has reached a broad 

consensus that the WEQ will be the single organization to develop business practice and 

electronic communication standards on behalf of the entire wholesale electric power 

industry.11 Coordinating these efforts within a single organization will make the process 

of developing standards more efficient, which benefits the entire industry. NAESB is an 

accredited American National Standards Institute Standards Development Organization, 

and, thus, the standards development process will ensure due process and assure that all 

industry members may participate in drafting the standards. The Commission’s 

confidence in the ability of the WEQ to fill this role successfully is justified by the 

positive contributions NAESB and its predecessor, GISB, have already made in 

developing consensus standards applicable to the natural gas industry 

13. The WEQ’s standards were developed under a voluntary consensus process. 

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. 

 11 Id. at P 3. 
Docket No. RM05-5-000 - 8 - 

 

14. As we found with respect to the natural gas industry, adoption of consensus 

standards is appropriate because the consensus process assists the Commission in 

determining the reasonableness of the standards by requiring that the standards draw 

support from a broad spectrum of all segments of the industry. 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. 

15. 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’s WEQ, as 

means to carry out policy objectives or activities.12 As the Commission has pointed out 

on several occasions,13 incorporation by reference is the appropriate, and indeed the 

required, method for adopting copyrighted standards material.14 As required, the WEQ 

12 Pub L. No. 104-113, section 12(d), 110 Stat. 775 (1996), 15 U.S.C. 272 note 

(1997). 

13 See, e.g., Standards for Business Practices of Interstate Natural Gas Pipelines, 

Order No. 587-R, FERC Stats. & Regs., Regulation Preambles ¶ 31,141 at P 29-37 

(2003). 

14 Order No. 587-A , 61 FR 55208, 77 FERC ¶ 61,061, at p. 61,232 (1996); Order 

No. 587-K , FERC Stats. & Regs., Regulations Preambles 1996-2000 ¶ 31,072 at 30,775 

(1999). See 5 U.S.C. 552 (a)(1) (2000); 1 CFR 51.7(4) (requirements established for 

incorporation by reference); Federal Participation in the Development and Use of 

Voluntary Standards, OMB Circular A-119, at 6 (a)(1) (Feb. 10, 1998), 

<http://www.whitehouse.gov/omb/circulars/a119/a119.html> (incorporation by reference 

appropriate means of adopting private sector standards under the National Technology 

Transfer and Advancement Act). Indeed, the Commission could not reproduce the WEQ 

(continued) 
Docket No. RM05-5-000 - 9 - 

 

standards are reasonably available from NAESB. Members can access these materials at 

no additional charge from the NAESB website or can pay $50 for the booklet or CD rom. 

Because standards development is of importance to the entire industry, the Commission 

strongly encourages all companies to become members and to participate actively in the 

NAESB process. However, non-members can obtain the standards booklet or CD rom 

for $100. In addition, as required by the regulations, copies of the standards are also 

available for inspection in the Commission’s Public Reference Room.15

16. Consistent with our practice for the natural gas industry, the Commission is 

proposing to incorporate by reference (in part 38 of our regulations under the Federal 

Power Act, 18 CFR part 38) most of the standards developed by the WEQ. Once the 

Commission incorporates the WEQ’s standards into its regulations, all public utilities 

subject to the Commission’s authority will be required to comply with the incorporated 

standards, as would non-jurisdictional entities voluntarily following Commission’s open 

access requirements under reciprocity. As NAESB revises these standards in the future, 

the Commission will review NAESB’s revisions and consider incorporating such changes 

through a notice and comment rulemaking.16

standards in violation of the NAESB copyright. See 28 U.S.C. 1498 (government not 

exempt from patent and copyright infringement). 

15 5 U.S.C. 552 (a)(1); 1 CFR 51. 

16 Entities are required to abide by only the version of the standards adopted by the 

Commission. Compliance with subsequent revisions will not be required unless the 

(continued) 
Docket No. RM05-5-000 - 10 - 

 

17. The Commission is also proposing, similar to what we have done with respect to 

the gas standards, to require each electric utility to revise its open access transmission 

tariff (OATT) to include the applicable WEQ standards.17 For standards that do not 

require implementing tariff provisions, the Commission is proposing to permit the utility 

to incorporate the WEQ standard by reference in its OATT.18 Thus, we are proposing to 

revise our regulation at 18 CFR 35.28(c) to include this requirement. 

Commission has through a notice and comment rulemaking proceeding incorporated by 

reference any such revisions. 

17 Thus, when the Commission incorporates by reference updated standards, each 

utility will be required to make a filing updating its tariff accordingly. 

18 When making such a tariff filing, the following nomenclature should be used: 

• OASIS Business Practice Standards (WEQBPS-001-000, January 15, 2005) 

including the Definitions of “Capacity Available to Redirect”, “Commission”, 

“Denial of Service”, “Identical Service Requests”, “Parent Reservation”, “Queue 

Flooding”, and “Queue Hoarding”, Standards 2 through 10 with subsections 

except Standard 9.7, Appendix – Standard 8 Examples, and Appendix B; 

• OASIS Standards and Communication Protocols (WEQSCP-001-000, January 15, 

2005) including Standards 1 through 5 with subsections; 

• OASIS Data Dictionary (WEQDD-001-000, January 15, 2005); 

• Coordinate Interchange Standards (WEQBPS-002-000, January 15, 2005) 

including Purpose, Applicability, Definitions, Standards 1 through 13 with 

subsections, and Appendices A through D; 

• ACE Equations Special Cases Standards (WEQBPS-003-000, January 15, 2005) 

including Purpose, Applicability, Definitions, Standards 1 through 3 with 

subsections, and Appendix A; 

• Manual Time Error Correction Standards (WEQBPS-004-000, January 15, 2005) 

including Purpose, Applicability, Definitions, and Standards 1 through 12 with 

subsections; and 

• Inadvertent Interchange Payback Standards (WEQBPS-005-000, January 15, 

2005) including Purpose, Applicability, Definitions, Standard 1 with subsections, 

and Appendix A. 
Docket No. RM05-5-000 - 11 - 

 

18. Specifically, the Commission proposes to incorporate by reference the standards 

adopted by NAESB’s WEQ that include: (1) OASIS Business Practice Standards; 

(2) OASIS Standards and Communication Protocols; and (3) an OASIS Data Dictionary, 

with the exception of standards that duplicate the Commission’s regulations, all as 

modified to address: (1) redirect of transmission service;19 (2) multiple submissions of 

identical transmission requests/queuing issues; (3) OASIS posting requirements under 

Order No. 2003 (the Large Generator Interconnection rule); and (4) maintenance of the 

OASIS standards. Thus, we are proposing to revise our regulations to add 18 CFR part 

38, where we would specifically enumerate each set of standards adopted by the WEQ 

that we are incorporating by reference. 

19. Further, the Commission proposes to incorporate by reference the WEQ business 

practice standards to complement NERC’s Version 0 Reliability Standards including: 

(1) Coordinate Interchange; (2) ACE Equation Special Cases; (3) Manual Time Error 

Correction; and (4) Inadvertent Interchange Payback. Thus, as discussed above, we 

propose to include the incorporation by reference of these standards in a new 18 CFR part 

38, where we would specifically enumerate each set of standards adopted by the WEQ 

that we are incorporating by reference. However, the Commission is not proposing to 

19 As further discussed below, we are not proposing to incorporate by reference 

OASIS Business Practice Standard 9.7, as this appears to conflict with provisions of the 

pro forma tariff. 
Docket No. RM05-5-000 - 12 - 

incorporate by reference the NAESB Standards of Conduct-related business practice 

standards. 

20. We are proposing to incorporate by reference NAESB’s OASIS standards because 

we believe that this will create: (1) a body of business practices standards and 

communication protocol standards that the industry can use as a foundation for 

addressing emerging business issues; (2) business practices and communication protocols 

modifying the Commission’s standards to accommodate new market operations; and 

(3) business practices standards and communication protocols to assist the wholesale 

electric industry in complying with the Commission’s OASIS posting requirements under 

Order No. 2003 (Standardization of Generator Interconnection Agreements and 

Procedures). 

21. We also believe that incorporating the NAESB business practice standards 

identified above by reference will create business practices that support NERC’s Version 

0 Reliability Standards and functional model. 

 B. OASIS Standards

22. The WEQ’s OASIS standards are based on the Commission’s existing standards 

on this topic. First, the WEQ adopted baseline OASIS standards to reflect the 

Commission’s existing OASIS standards. Then the WEQ modified its baseline OASIS 

standards to facilitate the redirect of transmission reservations to alternate receipt and 

delivery points, to address multiple submissions of identical transmission requests and 
Docket No. RM05-5-000 - 13 - 

queuing issues, and to address OASIS posting requirements under Order No. 2003, based 

on industry requests for enhancements to the OASIS standards. The WEQ also 

performed maintenance on the baseline OASIS standards to improve their format, 

organization, and clarity. 

23. On April 19, 2005, NAESB reported that the WEQ made modifications to the 

Commission’s OASIS Standards and Communication Protocols (V1.4), OASIS Data 

Dictionary (V1.41) and the OASIS Business Practices Standards (V1.2), as follows: 

New OASIS Business Practice Standards: 

• Standard 1: Provision of Open Access Transmission Service 

• Standard 8: Requirements for dealing with multiple, identical transmission 

service requests. 

• Standard 9: Requirements for dealing with Redirects on a Firm basis. 

• Standard 10: Requirements for dealing with Redirects on a Non-Firm basis. 

New OASIS Business Practice Standards Definitions: 

• Commission 

• Denial of Service 

• Identical Service Requests 

• Queue Flooding 

• Queue Hoarding 

• Capacity Available to Redirect 

• Parent Reservation 

Miscellaneous changes to OASIS Business Practice Standards:

• The OASIS Business Practice Standards contained numerous internal 

references. Since the NAESB standards are based on the current OASIS 
Docket No. RM05-5-000 - 14 - 

 

Business Practices, references were changed to reflect the correct NAESB 

standard, or section of regulation, as appropriate.20

• In several instances references to specific regulations were replaced with a 

general reference to currently applicable regulations. These instances 

included the following standards: Applicability; 1.6(d)(1); 1.6(d)(5); 

1.6(e)(1)(i). 

• In Standards 1.5 (b)(2) and (3) the information detailing how to obtain the 

OASIS Business Practice Standards and Standards and Communication 

Protocols (OASIS S&CP) from the Commission was deleted. 

• In Standard 2.4 the specific reference to “NERC [Transmission Line Loading 

Relief] Procedures for NERC CURTAILMENT PRIORITY (1-7)” was 

replaced with a general reference to those procedures. 

• In Standard 7.2 the specific reference to “NERC [Electronic Tagging] 

Specification 1.6” was replaced with a reference to the current version of the 

NERC [Electronic Tagging] Specifications. 

• In Standards 7.9, 7.10, and 7.14 language referencing the IMPLEMENT or 

CONDITIONAL status has been changed to the more generic phrase “become 

implemented.” 

• In Standards 7.12 and 7.13 the reference to “NERC Operating Policy 3 and 

associated Appendices” was replaced with “NERC and/or NAESB 

Standards.” 

20 Changes of this nature are found in the following standards: Applicability; 

Purpose; definition of Affiliate; 1.5(a); 1.5(b); 1.5(c); 1.6 (b)(3)(i)(B); 1.6 (b)(3)(i)(C) 

(1); 1.6 (c)(4); 1.6 (d)(3); 1.6 (e)(1)(iv); 1.6 (g)(3); 1.6 (g)(4); 1.7(a); 2.0; Table 2-1 note 

1; 2.1; 2.2; 2.3; 2.4; 2.5; 2.5.1; 2.5.3; 2.5.4; 2.5.5; 2.5.6; introductory paragraph under 

“Process to Register Non-Standard Service Attribute Values” header; introductory 

paragraph under “Phase IA Negotiation Process State Transition Diagram” header; 4.4; 

4.5; 5.0; 6.0. 
Docket No. RM05-5-000 - 15 - 

Changes to OASIS S&CP Standard 4.5: 

• The phrase “[I]nformation that must be posted on INFO.HTM, as per Section 

3.4 b, includes” was deleted and replaced with the following language: 

When a regulatory order requires informational postings on OASIS 

and there is no OASIS S&CP template to support the postings or it is 

deemed inappropriate to use a template, there shall be a reference in 

INFO.HTM to the required information, including, but not limited 

to, references to the following: 

• The phrase “[T]here shall be a reference in INFO.HTM to” was deleted from 

each of the bullets. 

• The following new language was added below the bullets: 

For the purposes of this section, any link to required 

informational postings that can be accessed from INFO.HTM 

would be considered to have met the OASIS posting 

requirements, provided that the linked information meets all 

other OASIS accessibility requirements. 

Miscellaneous changes to the OASIS Data Dictionary 

• Element Name “INITIATING_PARTY”: The phrase “Transmission Provider 

(TP), Security Coordinator (SC) or Control Area (CA)” replaced the phrase 

“Transmission Provider, Security Coordinator or Control Area” under the 

Restricted Values column so that the abbreviations could be used in Element 

Name “RESPONSIBLE_PARTY”. 

24. NAESB also reports that it has made the following modifications to the OASIS 

baseline standards to enhance their format, organization, and clarity: 

• consolidation of Standards 8-21, with exceptions for Standards 15-16, as 

subsections 1.1-1.8 of Standard 1; 

• deletion of Standards 15 and 16, but retention of the information as 

introductory material for Standard 1; 
Docket No. RM05-5-000 - 16 - 

• deletion of Standard 22 as not applicable; 

• modification of external references, where appropriate, to be internal 

references (e.g., references to “Section 37” changed to “Standard 1”); 

• minor, non material reformatting; 

• modification of portions of Standards 1.1-1.7 to reflect the standards 

as contained in the current CFR, as consistent with the intention of Request 

No. R04005; and 

• deletion of Standard 1.4, Standards of Conduct. 

1. OASIS Business Practice Standards 

25. With the exception of standards, discussed below, involving standards that 

duplicate the requirements in our regulations (OASIS Business Practice Standard 1, 

including Standards 1.1 through 1.8, and in the Definitions of “Affiliate,” “Responsible 

party,” “Reseller,” “Transmission Provider,” “Transmission Customer,” and “Wholesale 

merchant function”), we believe that the WEQ’s OASIS Business Practice Standards are 

consistent with the Commission’s existing standards on this topic.21 Thus, our current 

view is that incorporating the WEQ’s OASIS Business Practice Standards by reference in 

our regulations will further the current requirement for standardization of OASIS across 

the industry. In addition, it will permit the industry to use the NAESB consensus process 

 21 In addition, although we are proposing to incorporate by reference OASIS 

Business Practice Standard 10.6, we have problems with this provision that we are asking 

commenters to address in their comments on this NOPR. 
Docket No. RM05-5-000 - 17 - 

to suggest further modifications and enhancements to the OASIS Business Practice 

Standards as it deems necessary, subject to the Commission’s approval. 

26. Thus, with the exceptions referenced above and discussed below, we are 

proposing to incorporate the WEQ’s OASIS Business Practice Standards by reference in 

a new 18 CFR part 38. If commenters discover any inconsistencies between the WEQ’s 

OASIS Business Practice Standards we propose to incorporate by reference and the 

Commission’s existing OASIS Business Practice Standards, this should be brought to our 

attention in their comments on this NOPR. 

 a. Standards for Redirects of Transmission Service 

27. In sections 22.1 and 22.2 of the pro forma tariff,22 the OATT permits redirects of 

transmission reservations to alternate receipt and delivery points. As discussed above, 

one of the modifications that the WEQ made to its baseline OASIS Business Practice 

Standards was to include standards intended to facilitate the redirect of transmission 

services. However, we have concern about Standards 9.7 and 10.6 in relation to the 

policies we have adopted in the pro format OATT. As discussed further below, based on 

these inconsistencies we are not proposing to adopt Standard 9.7, and we are inviting 

comment on our understanding of Standard 10.6. 

 22 See Promoting Wholesale Competition Through Open Access NonDiscriminatory Transmission Services by Public Utilities, Order No. 888, FERC Stats. & 

Regs., Regulations Preambles 1991-1996 ¶ 31,036 (1996), Order No. 888-A, FERC Stats. 

& Regs., Regulations Preambles 1996-2000 ¶ 31,048 at 30,528 (1997). 
Docket No. RM05-5-000 - 18 - 

28. The WEQ’s Standard 9.7 provides that, unless otherwise mutually agreed to by the 

primary provider and original customer, a request for redirect on a firm basis does not 

impact the transmission customer’s long term firm renewal rights (e.g., rollover or 

evergreen rights) on the original path, nor does it confer any renewal rights on the 

redirected path. This provision implies that the parties to any agreement can mutually 

agree to eliminate rollover rights, even though the Commission has found that 

agreements cannot eliminate rollover rights.23 In providing that rollover rights cannot be 

eliminated by agreement, the Commission was concerned about transmission owners 

unfairly inducing customers to give up their renewal rights. 

29. In addition, the language at the end of Standard 9.7, which states “nor does it 

confer any renewal rights on the redirected path,” also appears to be inconsistent with the 

pro forma tariff. Under section 22.2 of the pro forma tariff, a request for a redirect is to 

be treated as a new request for service. Such a request is governed by procedures in 

section 17.1 of the pro forma tariff and if the request is granted, it is entitled to the 

reservation priority afforded by section 2.2 of the pro forma tariff. 

30. As redirect service is treated as a new service, to be consistent with the OATT, 

once the parties agree to revise the contract to provide service to a redirected point of 

 23 See Southern Company Services, Inc., 108 FERC ¶ 61,174 at P 42-45 (2004) 

where the Commission denied a request for rehearing challenging the Commission’s 

finding that parties entering contracts for transmission service must remove provisions 

they inserted in the contracts that would have restricted future rollover transmission rights 

contrary to Commission policy. 
Docket No. RM05-5-000 - 19 - 

receipt or delivery, the customer should receive any renewal rights that go with the new 

service at the revised receipt and delivery points, including rollover rights afforded under 

section 2.2. 

31. Since this standard appears to conflict with Commission policy, and NAESB has 

not explained the benefits of such a change, we are not proposing to incorporate Standard 

9.7. However, we request comments on whether such a change is appropriate. We also 

request comment on whether, if the Commission determines this standard conflicts with 

its policies, there is an immediate need for a standard on this issue or whether we can 

wait for NAESB to reconsider this issue and develop alternate language. 

32. We also are concerned about some vague language in Standard 10.6, which states 

that “for the purposes of curtailment and other capacity reductions, confirmed Redirects 

on a Non-Firm basis shall be treated comparably to all other types of Non-Firm 

Secondary Point-to-Point Service.” The phrase “all other types” is not defined. We 

interpret this phrase to apply only to services that are comparable to non-firm secondary 

point-to-point service, and propose to accept the standard based on this interpretation. 

We request comments on whether this reflects the intent of this standard. 
Docket No. RM05-5-000 - 20 - 

 b. Standards that Duplicate the Requirements in our Regulations

33. In adopting its OASIS Business Practice Standards, the WEQ has included 

language that duplicates language already set out in part 37 of our regulations.24 This is 

not appropriate for business practice standards we would incorporate by reference. For 

this purpose, we incorporate by reference standards that implement our regulations and 

policies, and operate in concert with our regulations and policies. 

34. Incorporating by reference standards that duplicate Commission regulations could 

result in inconsistent regulations in the event that the Commission revises its regulations 

before the WEQ has issued revised standards and because the Commission’s regulations 

stand on their own. Thus, to prevent these problems, we are not proposing to incorporate 

by reference the WEQ’s standards (enumerated below) that duplicate our regulations. 

35. To further the industry’s progress toward achieving standardized OASIS reporting 

and business practices across the industry, we are proposing to incorporate by reference 

the WEQ’s OASIS Business Practice Standards in a new 18 CFR part 38, with the two 

exceptions noted above, one involving standards for redirects of transmission service 

(OASIS Business Practice Standard 9.7), and the other involving standards that duplicate 

 

24 The language that duplicates our regulations (at 18 CFR part 37) is found in 

Standard 1, including Standards 1.1 through 1.8, and in the Definitions of “Affiliate,” 

“Responsible party,” “Reseller,” “Transmission Provider,” “Transmission Customer,” 

and “Wholesale merchant function.” 
Docket No. RM05-5-000 - 21 - 

the requirements in our regulations (OASIS Business Practice Standard 1, including 

Standards 1.1 through 1.8, and in the Definitions of “Affiliate,” “Responsible party,” 

“Reseller,” “Transmission Provider,” “Transmission Customer,” and “Wholesale 

merchant function.”) 

2. OASIS Standards and Communication Protocols and Data Dictionary

36. We believe that the OASIS Standards and Communication Protocols, as modified 

by the WEQ, are consistent with the Commission’s existing standards on this topic. 

Thus, our view is that incorporating the WEQ’s OASIS Standards and Communication 

Protocols by reference in our regulations will further the current requirement for 

standardization of OASIS across the industry. In addition, it will permit the industry to 

use the NAESB consensus process to suggest further modifications and enhancements to 

the OASIS Standards and Communication Protocols as it deems necessary, subject to the 

Commission’s approval. 

37. Thus, we are proposing to incorporate the WEQ’s OASIS Standards and 

Communication Protocols by reference in a new 18 CFR part 38. If commenters discover 

any inconsistencies between the WEQ’s OASIS Standards and Communication Protocols 

and the Commission’s existing OASIS Standards and Communication Protocols, this 

should be brought to our attention in their comments on this NOPR. 

38. We believe that the OASIS Data Dictionary, as modified by the WEQ, is 

consistent with the Commission’s existing OASIS Data Dictionary. Incorporating the 
Docket No. RM05-5-000 - 22 - 

WEQ’s OASIS Data Dictionary by reference in our regulations would continue the 

requirement for standardization of OASIS across the industry. In addition, it would 

permit the industry to use the NAESB consensus process to suggest further modifications 

and enhancements to the OASIS standards as it deems necessary, subject to the 

Commission’s approval. Thus, we are proposing to incorporate by reference the WEQ’s 

OASIS Data Dictionary in a new 18 CFR part 38. If commenters discover any 

inconsistencies between the WEQ’s OASIS Data Dictionary and the Commission’s 

existing OASIS Data Dictionary, this should be brought to our attention in their 

comments on this NOPR. 

 3. Deleting Superceded Requirements

39. In addition, we propose to delete the current requirement in 18 CFR part 37, found 

at 18 CFR sections 37.5(b)(2) and (b)(3) to comply with the Commission’s existing 

OASIS Standards and Communication Protocols and OASIS Business Practice 

Standards, which would be superseded by the WEQ-developed OASIS Business Practice 

Standards and OASIS Standards and Communication Protocols that we are proposing to 

incorporate by reference. 

40. By contrast, with the exception of sections 37.5(b)(2) and (b)(3), we are retaining 

the OASIS regulations adopted by the Commission in part 37 of our regulations because 

these regulations set forth the Commission’s policies. The WEQ standards now cover the 

technical aspects of OASIS compliance, and we fully expect that in the future the WEQ 
Docket No. RM05-5-000 - 23 - 

will continue to upgrade and improve the standards. If in the future the Commission 

determines that changes in OASIS are needed for policy reasons, the Commission will 

use its own processes to consider and implement such changes to OASIS policy. 

41. After reviewing the WEQ standards, we believe that they reflect the Commission’s 

OASIS policies and are consistent with the OASIS technical standards we previously 

adopted. However, we invite commenters to address whether there are important 

discrepancies between the WEQ’s OASIS Business Practice Standards and OASIS 

Standards and Communication Protocols and Data Dictionary and the Commission’s 

existing standards.

C. Business Practice Standards to Complement the NERC Version 0 Reliability 

 Standards

 1. Standards the Commission Proposes to Incorporate by Reference

42. The WEQ’s business practice standards addressing Coordinate Interchange, ACE 

Equation Special Cases, Manual Time Error Correction, and Inadvertent Interchange 

Payback were developed to support NERC’s Version 0 Reliability standards. On 

February 8, 2005 the NERC Board of Trustees approved the Version 0 Reliability 

Standards to become effective April 1, 2005. Incorporation of the WEQ’s business 

practice standards addressing Coordinate Interchange, ACE Equation Special Cases, 

Manual Time Error Correction, and Inadvertent Interchange would complement the 

NERC Version 0 Reliability Standards. Thus, we are proposing to incorporate these 

standards by reference in a new 18 CFR part 38. When these business practices were 
Docket No. RM05-5-000 - 24 - 

NERC policies, compliance with them was voluntary. However, once they are 

incorporated by reference into the Commission’s regulations, compliance with them will 

be mandatory.

2. Standards Being Developed on Transmission Load Relief and 

 Coordinate Interchange Business Practices

43. NAESB states that two sets of business practices that complement NERC’s 

reliability standards -- Transmission Load Relief (TLR) and enhancements to Coordinate 

Interchange Business Practices -- were adopted by the WEQ but not described in its 

report. NAESB states that the business practices for TLR duplicates NERC’s reliability 

standards,25 as both NERC and NAESB agreed that there was insufficient time to 

adequately review and separate the business practices from the reliability standards and 

complete the effort in 2004 for “Version 0.” NAESB states that it has been working with 

NERC to separate the business practices from the reliability standards. 

44. We applaud the efforts of NAESB and NERC to coordinate their standard 

development efforts and NAESB’s priority efforts to adopt business practices that 

complement NERC’s reliability standards. 

 25 The Commission accepted NERC’s TLR procedures for filing, to be effective 

April 1, 2005. North American Electric Reliability Council, 110 FERC ¶ 61,388 

(2005). 
Docket No. RM05-5-000 - 25 - 

D. Standards of Conduct Standards

45. One of the revisions the WEQ made to the OASIS Business Practice Standards 

was to delete Standard 1.4 dealing with Standards of Conduct. The WEQ deleted this 

standard because the Commission’s OASIS Standards of Conduct, previously governed 

by the Commission’s regulation at 18 CFR 37.4, was superceded by the Commission’s 

regulations at 18 CFR part 358. In conjunction with deleting Standard 1.4 from the 

OASIS Business Practice Standards, the WEQ adopted separate stand-alone Standards of 

Conduct standards developed to implement the Standards of Conduct requirements 

detailed in the Commission’s Order Nos. 2004, 2004-A, and 2004-B as they apply to 

wholesale electric entities. Moreover, in its filing, NAESB states that priority efforts are 

underway to make necessary modifications to address Order No. 2004-C. As discussed 

further below, the Commission is not proposing to incorporate by reference the WEQ’s 

Standards of Conduct standards at the current time. However, we are proposing to 

incorporate the WEQ Standards and Communication Protocols that govern the posting on 

OASIS of the information required in the Standards of Conduct in a new part 38 of the 

Commission’s regulations.26

 26 The WEQ’s standards we are proposing to incorporate by reference on the 

posting of information required in the Standards of Conduct are found at Standards 4.3.1, 

4.3.10.6, 4.3.11, and 4.5 of the WEQ OASIS Standards and Communications Protocols 

and the definition of “STANDARDS_OF_CONDUCT_ISSUES” in the OASIS Data 

Dictionary. 
Docket No. RM05-5-000 - 26 - 

46. We are not proposing to incorporate the WEQ’s stand-alone Standards of Conduct 

by reference because these standards merely adopt the language in the Commission’s 

regulations promulgated by Order Nos. 2004, 2004-A, and 2004-B and contain no further 

standards addressing the implementation of these regulations. In addition, the WEQ has 

edited the Commission’s language to delete references to natural gas and natural gas 

pipelines to limit the applicability of its standard to public utilities. However, in their 

editing, the WEQ has changed the meaning of the Commission’s language (see, e.g., the 

definition of Energy Affiliate). If we were to incorporate these standards by reference, 

we would have conflicting regulations, since the WEQ’s standards duplicate language 

already in our regulations, but with errors. 

47. As we stated above, in considering what WEQ standards to incorporate by 

reference, we are looking for the development of standards to implement, and operate in 

concert with, our regulations. If the WEQ was to adopt a set of standards that is 

consistent with, but not duplicative of, our regulations at 18 CFR part 358, Standards of 

Conduct for Transmission Providers, we would consider incorporating those standards by 

reference. In this regard, it would be useful if the WEQ would adopt standards 

comparable to those NAESB adopted regarding standards of conduct on the gas side.27

 27 See NAESB’s report filed on August 6, 2004, in Docket No. RM96-1, on 

standards adopted by its Wholesale Gas Quadrant to implement the Commission’s Order 

No. 2004. 
Docket No. RM05-5-000 - 27 - 

III. Notice Of Use Of Voluntary Consensus Standards

48. 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 voluntary consensus standards developed by the 

WEQ. 

IV. Information Collection Statement

49. The following collections of information contained in this proposed rule have 

been submitted to 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). 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. The following burden estimates include the costs to implement 

the WEQ's OASIS Business Practice Standards, OASIS Standards and Communication 

Protocols, OASIS Data Dictionary, Coordinate Interchange Standards, ACE Equation 

Special Cases Standards, Manual Time Error Correction Standards, and Inadvertent 

Interchange Payback Standards. The burden estimates are primarily related to start-up to 

implement these standards and regulations and will not result in on-going costs. 
Docket No. RM05-5-000 - 28 - 

Data Collection No. of 

Respondents 

No. of Responses 

Per Respondent 

Hours Per 

Response 

Total No. of 

Hours 

FERC-516 220 1 6 1,320

FERC-717 220 1 24 5,280

Totals 30 6,600

Total Annual Hours for Collection 

(Reporting and Recordkeeping, (if appropriate)) = 6,600 

Information Collection Costs: The Commission seeks comments on the costs to 

comply with these requirements. It has projected the average annualized cost for all 

respondents to be the following:28

FERC-516 FERC-717 

Annualized Capital/Startup Costs $198,000 $792,000

Annualized Costs (Operations & Maintenance) N/A N/A

Total Annualized Costs $198,000 $792,000 

50. OMB regulations29 require OMB to approve certain information collection 

requirements imposed by agency rule. The Commission is submitting notification of this 

proposed rule to OMB. These information collections are mandatory requirements. 

Title: Electric Rate Schedule Filings (FERC-516) 

Standards for Business Practices and Communication Protocols for Public 

Utilities (FERC-717) (formerly Open Access Same Time Information 

System) 

 28 The total annualized costs for the two information collections is $198,000 + 

$792,000= $990,000. This number is reached by multiplying the total hours to prepare a 

response (6600 hours) by an hourly wage estimate of $150 (a composite estimate that 

includes legal, technical and support staff rates, $90+$35+$25). $990,000= $150 x 6600.

29 5 CFR 1320.11. 
Docket No. RM05-5-000 - 29 - 

Action: Proposed collections 

OMB Control No.: 1902-0096 and 1902-0173 

 

Respondents: Business or other for profit, (Public Utilities (Not applicable to 

small business.)) 

Frequency of Responses: One-time implementation (business procedures, 

capital/start-up) 

Necessity of Information: This proposed rule, if implemented, would upgrade the 

Commission's current business practice and communication standards to include 

standardized practices and address currently unresolved issues. The 

implementation of these standards and regulations is necessary to increase the 

efficiency of the wholesale electric power grid. 

51. The information collection requirements of this proposed rule are based on the 

transition from transactions being made under the Commission’s existing OASIS posting 

requirements and business practice standards to conducting transactions under the 

proposed standards. The NOPR proposes that the standards be incorporated into utility’s 

tariffs and that OASIS postings be reported where it is directly accessible by industry 

users. The implementation of these data requirements will help the Commission carry 

out its responsibilities under the Federal Power Act of promoting the efficiency of the 

electric industry's operations. The Commission's Office of Markets, Tariffs and Rates 

will use the data in rate proceedings to review rate and tariff changes by public utilities, 

for general industry oversight, and to supplement the documentation used during the 

Commission's audit process. 

52. Internal Review: The Commission has reviewed the requirements pertaining to 

business practices and electronic communication of public utilities and made a 
Docket No. RM05-5-000 - 30 - 

preliminary determination that the proposed revisions are necessary to establish a more 

efficient and integrated wholesale electric power grid. Requiring such information 

ensures both a common means of communication and common business practices which 

provide participants engaged in the wholesale transmission of electric power with timely 

information and uniform business procedures across multiple transmission providers. 

These requirements conform to the Commission's plan for efficient information 

collection, communication, and management within the electric power industry. The 

Commission has assured itself, by means of its internal review, that there is specific, 

objective support for the burden estimates associated with the information requirements. 

53. Interested persons may obtain information on the reporting requirements by 

contacting the following: 

Federal Energy Regulatory Commission, 

Attn: Michael Miller, Office of the Executive Director 

888 First Street, N.E.Washington, DC 20426 

Tel: (202) 502-8415 / Fax: (202) 273-0873 

Email: michael.miller@ferc.gov 

54. Comments concerning the collection of information(s) and the associated burden 

estimate(s), should be sent to the contact listed above and to the Office of Management 

and Budget, Office of Information and Regulatory Affairs, Washington, DC 20503 

[Attention: Desk Officer for the Federal Energy Regulatory Commission, phone: 

(202) 395-7856, fax: (202) 395-7285]. 
Docket No. RM05-5-000 - 31 - 

V. Environmental Analysis

55. 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.30 The Commission has categorically excluded certain actions 

from these requirements as not having a significant effect on the human environment.31 

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.32 Therefore, an environmental 

assessment is unnecessary and has not been prepared in this NOPR.

VI. Regulatory Flexibility Act Certification

56. The Regulatory Flexibility Act of 1980 (RFA)33 generally requires a description 

and analysis of final rules that will have significant economic impact on a substantial 

number of small entities. The regulations proposed here impose requirements only on 

 30 Order No. 486, Regulations Implementing the National Environmental Policy 

Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986-

1990 ¶ 30,783 (1987). 

31 18 CFR 380.4 (2004). 

32 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27) (2004). 

33 5 U.S.C. 601-612. 
Docket No. RM05-5-000 - 32 - 

 

public utilities, which are not small businesses, and, these requirements are, in fact, 

designed to benefit all customers, including small businesses. 

57. The Commission has followed the provisions of both the RFA and the Paperwork 

Reduction Act on potential impact on small business and other small entities. 

Specifically, the RFA directs agencies to consider four regulatory alternatives to be 

considered in a rulemaking to lessen the impact on small entities: tiering or establishment 

of different compliance or reporting requirements for small entities, classification, 

consolidation, clarification or simplification of compliance and reporting requirements, 

performance rather than design standards, and exemptions. As the Commission originally 

stated in Order No. 889, the OASIS regulations now known as Standards for Business 

Practices and Communication Protocols for Public Utilities, apply only to public utilities 

that own, operate, or control transmission facilities subject to the Commission’s 

jurisdiction and should a small entity be subject to the Commission’s jurisdiction, it may 

file for waiver of the requirements.34 This is keeping with exemption provisions of the 

34 Small entities that qualified for a waiver from the requirements of Order Nos. 

888 and 889 may apply for a waiver of the requirement to comply with these standards. 

We described the criteria for obtaining such a waiver in Bridger Valley Electric 

Association, Inc., 101 FERC ¶ 61,146 (2002) and in Sussex Rural Electric Cooperative, 

103 FERC ¶ 61,299 (2003). We stated in those cases that we would grant a waiver if 

the applicant is: (1) a small entity within the meaning of the RFA and has qualified for a 

waiver under Order Nos. 888 and 889, serves a load of 45 MW or less, and has four or 

fewer employees engaged in accounting, billing, and regulatory activities; (2) it does not 

make, or have authority to make, wholesale power sales at market-based rates; (3) the 

applicant makes all of its sales under one cost-based rate agreement that is on file with 

the Commission; (4) it is obligated to file for Commission approval any new contracts or 

(continued) 
Docket No. RM05-5-000 - 33 - 

RFA. Accordingly, pursuant to section 605(b) of the RFA,35 the Commission hereby 

certifies that the regulations proposed herein will not have a significant adverse impact on 

a substantial number of small entities. 

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 [INSERT DATE 45 

days from publication in the FEDERAL REGISTER]. Comments must refer to 

Docket No. RM05-5-000, and must include the commenter's name, the organization they 

represent, if applicable, and their address in their comments. Comments may be filed 

either in electronic or paper format. 

59. Comments may 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 and commenters may attach additional files with supporting 

information in certain other file formats. Commenters filing electronically do not need to 

make a paper filing. Commenters that are not able to file comments electronically must 

send an original and 14 copies of their comments to: Federal Energy Regulatory 

 

revisions to its existing contracts; and (5) the applicant's transmission system is 

essentially radial in nature and primarily used for distribution to its member-owners. 

35 5 U.S.C. 605(b). 
Docket No. RM05-5-000 - 34 - 

Commission, Office of the Secretary, 888 First Street N.E., Washington, DC, 20426. 

60. 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

61. 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 FERC's Home Page 

(http://www.ferc.gov) and in FERC's Public Reference Room during normal business 

hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street, N.E., Room 2A, 

Washington, DC 20426. 

62. From FERC's Home Page on the Internet, this information is available in the 

eLibrary. The full text of this document is available in the eLibrary both 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. 

63. User assistance is available for eLibrary and the FERC's website during our 

normal business hours. For assistance contact FERC Online Support at 
Docket No. RM05-5-000 - 35 - 

FERCOnlineSupport@ferc.gov or toll-free at (866)208-3676, or for TTY, contact 

(202)502-8659. 

List of subjects

18 CFR Part 35 

Electric utilities, Incorporation by reference, Reporting and recordkeeping requirements 

18 CFR Part 37 

Conflict of interests, Electric utilities, Reporting and recordkeeping requirements 

18 CFR Part 38

Conflict of interests, Electric power plants, Electric utilities, Incorporation by reference, 

Reporting and recordkeeping requirements 

 By direction of the Commission. 

 Magalie R. Salas, 

 Secretary. 

 In consideration of the foregoing, the Commission proposes to revise Chapter I, 

Title 18, Code of Federal Regulations, as follows. 

PART 35 - FILING OF RATE SCHEDULES AND TARIFFS

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. 

2. In § 35.28, add paragraph (c)(1)(vi) to read as follows:

§ 35.28 Non-discriminatory open access transmission tariff. 

* * * * * 
Docket No. RM05-5-000 - 36 - 

(c) Non-discriminatory open access transmission tariffs 

(1) * * * 

(vi) Each public utility’s open access transmission tariff must include the standards 

incorporated by reference in part 38 of this Chapter. 

 * * * * * 

PART 37 – OPEN ACCESS SAME-TIME INFORMATION SYSTEMS 

3. The authority citation for part 37 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. 

4. In § 37.5, paragraph (b) is revised to read as follows:

§ 37.5 Obligations of Transmission Providers and Responsible Parties. 

* * * * * 

(b) A Responsible Party must provide access to an OASIS providing standardized 

information relevant to the availability of transmission capacity, prices, and other 

information (as described in this part) pertaining to the transmission system for which it 

is responsible. 

 * * * * * 

5. Part 38 is added to read as follows:
Docket No. RM05-5-000 - 37 - 

PART 38 – BUSINESS PRACTICE STANDARDS AND COMMUNICATION 

PROTOCOLS FOR PUBLIC UTILITIES 

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

Sec. 

38.1 Applicability. 

38.2 Incorporation by reference of North American Energy Standards Board Wholesale 

Electric Quadrant standards. 

§ 38.1 Applicability. 

This part applies to any public utility that owns, operates, or controls facilities 

used for the transmission of electric energy in interstate commerce and to any non-public 

utility that seeks voluntary compliance with jurisdictional transmission tariff reciprocity 

conditions. 

§ 38.2 Incorporation by reference of North American Energy Standards Board 

Wholesale Electric Quadrant standards. 

 (a) All entities to which §38.1 is applicable must comply with the following 

business practice and electronic communication standards promulgated by the North 

American Energy Standards Board Wholesale Electric Quadrant, which are incorporated 

herein by reference: 

 (1) Open Access Same-Time Information Systems (OASIS) Business Practice 

Standards (WEQBPS-001-000, January 15, 2005) with the exception of the Definitions of 

“Affiliate,” “Responsible Party,” “Reseller,” “Transmission Provider,” “Transmission 

Customer,” and “Wholesale Merchant Function,” and Standard 1, including Standards1.1 

through 1.8, and Standard 9.7. 
Docket No. RM05-5-000 - 38 - 

 (2) Open Access Same-Time Information Systems (OASIS) Standards and 

Communication Protocols (WEQSCP-001-000, January 15, 2005); 

 (3) Open Access Same-Time Information Systems (OASIS) Data Dictionary 

(WEQDD-001-000, January 15, 2005); 

(4) Coordinate Interchange Standards (WEQBPS-002-000, January 15, 2005); 

(5) Area Control Error (ACE) Equation Special Cases Standards (WEQBPS003-000, January 15, 2005); 

(6) Manual Time Error Correction Standards (WEQBPS-004-000, 

January 15, 2005); and 

(7) Inadvertent Interchange Payback Standards (WEQBPS-005-000, 

January 15, 2005). 

 (b) This incorporation by reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these 

standards may be obtained from the North American Energy Standards Board, 1301 

Fannin, Suite 2350, Houston, TX 77002. Copies may be inspected at the Federal Energy 

Regulatory Commission, Public Reference and Files Maintenance Branch, 888 First 

Street, NE, Washington, DC 20426 and at the National Archives and Records 

Administration (NARA). For information on the availability of this material at NARA, 

call 202-741-6030, or go to: 

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html