135 FERC ¶ 61,052 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

18 CFR Part 366 

(Docket No. RM11-12-000) 

Availability of E-Tag Information to Commission Staff 

(April 21, 2011) 

AGENCY: Federal Energy Regulatory Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes to 

revise its regulations to require the Commission-certified Electric Reliability 

Organization to make available to Commission staff, on an ongoing basis, access to 

complete electronic tagging data used to schedule the transmission of electric power in 

wholesale markets. This information will aid the Commission in market monitoring and 

preventing market manipulation, help assure just and reasonable rates, and aid in 

monitoring compliance with certain business practice standards adopted by the North 

American Energy Standards Board and incorporated by reference into its regulations and 

public utility tariffs by the Commission. The Commission is also considering making 

this information available to entities involved in market monitoring functions and invites 

comments on this option. 

DATES: Comments on the proposed rule are due [insert date 60 days after publication in 

the FEDERAL REGISTER]. 
Docket No. RM11-12-000 ii

ADDRESSES: You may submit comments identified by Docket No. RM11-12-000, by 

one of the following methods: 

 Agency Web Site: http://ferc.gov. Follow the instructions for submitting 

comments via the eFiling link found in the Comment Procedures Section of the 

preamble. 

 Mail: Commenters unable to file comments electronically must mail or 

hand deliver an original of their comments to the Federal Energy Regulatory 

Commission, Secretary of the Commission, 888 First Street, NE, Washington, 

DC 20426. Please refer to the Comment Procedures Section of the preamble 

for additional information on how to file paper comments. 

FOR FURTHER INFORMATION CONTACT: 

Maria Vouras (Technical Information) 

Office of Enforcement 

Federal Energy Regulatory Commission 

888 First Street, NE 

Washington, DC 20426 

(202) 502-8062, E-mail: maria.vouras@ferc.gov

 

William Sauer (Technical Information) 

Office of Enforcement 

Federal Energy Regulatory Commission 

888 First Street, NE 

Washington, DC 20426 

(202) 502-6639, E-mail: william.sauer@ferc.gov

Gary D. Cohen (Legal Information) 

Office of the General Counsel 

Federal Energy Regulatory Commission 

888 First Street, NE, Washington, D.C. 20426 

Telephone: (202) 502-8321, E-mail: gary.cohen@ferc.gov

SUPPLEMENTARY INFORMATION: 
135 FERC ¶ 61,052 

UNITED STATES OF AMERICA 

FEDERAL ENERGY REGULATORY COMMISSION 

Availability of E-Tag Information Docket No. RM11-12-000 

 to Commission Staff 

NOTICE OF PROPOSED RULEMAKING 

(April 21, 2011) 

1. In this Notice of Proposed Rulemaking (NOPR), the Federal Energy 

Regulatory Commission (Commission) proposes, pursuant to § 307(a) and § 309 of 

the Federal Power Act (FPA),1

 to amend its regulations to require the Electric 

Reliability Organization (ERO) certified by the Commission under § 39.3 of the 

Commission’s regulations2

 to make available to Commission staff, on an ongoing 

basis, access to the complete electronic tags (e-Tags) used to schedule the 

transmission of electric power interchange transactions in wholesale markets.3

 The 

Commission proposes to require the ERO to provide access to e-Tags, rather than 

requiring individual market participants to provide such access, so as to avoid 

 1

 16 U.S.C. 791a, et seq.

2

 18 C.F.R. § 39.3 (2010). 

3

 For purposes of this NOPR, “complete e-Tags” refers to (1) e-Tags for 

interchange transactions scheduled to flow into, out of or within the United States’ 

portion of the Eastern or Western Interconnections, or into or out of the Electric 

Reliability Council of Texas and into or out of the United States’ portion of the 

Eastern or Western Interconnections, and (2) information on every aspect of the eTag, including all applicable e-Tag-IDs, transaction types, market segments, physical 

segments, profile sets, transmission reservations, and energy schedules.
Docket No. RM11-12-000 - 2 -

imposing this burden on market participants of submitting e-Tags with both the ERO 

and the Commission. 

I. Background

2. The North American Electric Reliability Corporation (NERC), formerly 

known as the North American Electric Reliability Council, was established in 1968, 

in response to the 1965 electricity blackout in the northeast. At that time, the 

industry-created council included nine regional reliability groups, began regional 

planning coordination, and developed voluntary operations criteria and guides. Over 

the years, NERC modified its membership rules and governing structure and, in 2006, 

the Commission approved NERC’s application to become the ERO for the United 

States.4

 

3. The North American Energy Standards Board (NAESB) is a non-profit 

standards development organization established in January 2002 that serves as an 

industry forum for the development of business practice standards. NAESB has 

developed a number of business practice standards that the Commission has 

incorporated by reference into its regulations, thus making compliance with these 

standards a mandatory Commission requirement.5

 4 North American Electric Reliability Corporation, 116 FERC ¶ 61,062 

(2006), order on reh’g, 117 FERC ¶ 61,126 (2006), order on compliance, 118 FERC 

¶ 61,030 (2007). 

5 See, e.g., Standards for Business Practices and Communication Protocols for 

Public Utilities, Order No. 676, FERC Stats. & Regs., Regulations Preambles 

¶ 31,216 (2006), reh’g denied, Order No. 676-A, 116 FERC ¶ 61,255 (2006). 
Docket No. RM11-12-000 - 3 -

 

4. NERC and NAESB coordinate the development of business practices and 

reliability standards for the wholesale electric industry. The members and staff of 

NERC and NAESB actively participate in both organizations, and NERC is a 

member of the NAESB Wholesale Electric Quadrant. NAESB representatives 

participate in NERC technical committees and regularly attend meetings of the 

Member Representatives Committee and Board of Trustees. 

5. NERC and NAESB use a joint coordination procedure to ensure tight 

integration of their respective standards development processes where reliability and 

commercial needs are closely related. Some examples where such coordination has 

been required are electronic tagging, transmission loading relief (TLR) procedures, 

and determination of available transfer capability. This coordination includes joint 

meetings, inter-organizational reviews of standards and comments, and often jointly 

developed filings. 

6. E-Tags, also known as Requests for Interchange, are used to schedule 

interchange transactions6

 in wholesale markets.7 NERC and/or Regional Entities 

(such as WECC) collect all e-Tag data in near real-time to assist Reliability 

6

 NERC’s Glossary of Terms Used in Reliability Standards (updated April 20, 

2009) defines an interchange transaction as “[a]n agreement to transfer energy from a 

seller to a buyer that crosses one or more Balancing Authority Area boundaries.” See

http://www.nerc.com/files/Glossary_2009April20.pdf (page 10 of 21) (last visited on 

March 23, 2011). 

7

 E-Tag Transaction Tags are part of the Interchange Distribution Calculator 

and Websas that are used in the TLR procedure IRO-006-4.1 and WECC 

Unscheduled Flow Standard IRO-STD-006-0 for the Eastern and Western 

Interconnection, respectively. 
Docket No. RM11-12-000 - 4 -

 

Coordinators in identifying transactions that need to be curtailed for relieving 

overload when transmission constraints occur. E-Tags are included in the business 

practice standards adopted by NAESB and incorporated by reference into its 

regulations and public utility tariffs by the Commission. 8

 

7. Currently, the Commission and its staff do not have access to the complete 

e-Tags used for interchange transactions. We believe that access to this information 

would enhance the Commission staff’s efforts to monitor market developments and 

prevent market manipulation, assure just and reasonable rates, and in monitoring 

compliance with certain NAESB business practice standards.9

 

8. Accordingly, in this NOPR, the Commission proposes to require the 

Commission-certified ERO to make available to Commission staff on an ongoing, 

non-public basis the complete e-Tags used to schedule the transmission of electric 

power in wholesale markets. In addition, while not specifically proposed in this 

NOPR, the Commission is inviting comments on whether the Commission should 

8

 NAESB Wholesale Electric Quadrant (WEQ) Business Practice Requirement 

004-2 states that the “primary method of submitting the Request for Interchange 

(RFI) to the Interchange Authority shall be an e-Tag using protocols in compliance 

with the Electronic Tagging Functional Specification, Version 1.8.” See NAESB 

Wholesale Electric Quadrant (WEQ) Business Practice Standards (Version 002.1), 

published March 11, 2009. More recently, NERC has updated its tagging 

specifications, see infra n.12, but this update is not reflected in the WEQ Version 

002.1 business practice standards incorporated by reference by the Commission. 

9

 Having access to e-Tags would allow Commission staff to electronically 

download, receive and store data, as necessary and appropriate. Under the NOPR 

proposal, Commission staff would gain access to the e-Tag data that is currently 

being collected and stored in databases by private vendors under contract with 

NERC. 
Docket No. RM11-12-000 - 5 -

require that complete e-Tags be made available to entities involved in market 

monitoring of RTOs and ISOs. Commenters should consider this broader availability 

option as within the scope of options being considered in this rulemaking. 

II. Discussion

9. In this NOPR, the Commission proposes to require the ERO to provide 

Commission staff with access to the e-Tags used to schedule interchange transactions 

in wholesale markets on a non-public basis. Under the FPA, the Commission has 

authority over public utilities that make wholesale power sales or that provide 

wholesale transmission service to report the details of their transactions, including 

complete e-Tag data. Additionally, under § 307(a) of the FPA, the Commission has, 

among its powers, authority to investigate any facts, conditions, practices, or matters 

it may deem necessary or proper to determine whether any person, electric utility, 

transmitting utility or other entity may have violated or might violate the FPA or the 

Commission’s regulations, or to aid in the enforcement of the FPA or the 

Commission regulations, or to obtain information about wholesale power sales or the 

transmission of power in interstate commerce. 

10. The Commission proposes to require the ERO (NERC) rather than individual 

market participants to provide access to the e-Tag data to avoid burdening market 

participants with a requirement to file the same data with both NERC and the 

Commission. In addition, obtaining access from one entity (i.e., NERC) will avoid 

burdening the Commission with developing and maintaining a new system to capture 

such data from individual market participants. 
Docket No. RM11-12-000 - 6 -

 

11. E-Tagging was first implemented by NERC on September 22, 1999, as a 

process to improve the speed and efficiency of the tagging process, which had 

previously been accomplished by e-mail, facsimile, and telephone exchanges.10 

E-Tags require that, prior to scheduling transactions, one of the market participants 

involved in a transaction must submit certain transaction-specific information, such 

as the source and sink control areas (now referred to as Balancing Authority Areas) 

and control areas along the contract path, as well as the transaction’s level of priority 

and transmission reservation Open Access Same-Time Information System reference 

numbers, to control area operators and transmission operators on the contract path.11

12. Communication, submission, assessment, and approval of an e-Tag must be 

completed before the interchange transaction is implemented.12 The Interchange 

Scheduling and Coordination (INT) group of Reliability Standards sets forth 

requirements for implementing interchange transactions through e-Tags. E-Tags are 

submitted pursuant to the business practices set forth by NAESB. Those business 

practices set forth the requirements for a proper e-Tag to permit an Interchange 

10 Open-Access Same-Time Information System and Standards of Conduct, 

90 FERC ¶ 61,070, at 61,258-59 (2000) (Order Denying Cease and Desist Order). 

11 Id. 

12 See Mandatory Reliability Standards, Order No. 693, FERC Stats. & Regs. 

¶ 31,242 at P 795, order on reh’g, Order No. 693-A, 120 FERC 61,053 (2007); see 

also Revised Mandatory Reliability Standards for Interchange Scheduling, 

Coordination, Order No. 730 at P 7 & n.19. E-Tags are implemented through the 

requirements set forth in the NAESB Electronic Tagging Functional Specifications, 

Version 1.8.1 (Oct. 27, 2009). 
Docket No. RM11-12-000 - 7 -

 

Authority to accept and process the e-Tag. NERC collects all e-Tags in near realtime that are used in the congestion management tools to identify which transaction 

tags must be curtailed to mitigate the overload when transmission constraints occur. 

13. Two early cases addressed the issue of whether public utilities would need to 

comply with NERC’s e-Tag requirements as a precondition to making wholesale 

power sales.13 In Coalition Against Private Tariffs, 83 FERC ¶ 61,015, reh'g denied, 

84 FERC ¶ 61,050 (1998), the Commission dismissed a motion requesting it to order 

public utilities to cease and desist from requiring compliance with NERC's tagging 

plan as a condition to scheduling transactions.14 In addition, the Commission found 

that "the information required to be submitted by the NERC tagging plan is consistent 

with the information already required to be submitted under a Transmission 

Provider’s compliance tariff,"15 so that the tagging plan did not require a change to 

terms and conditions of OATTs on file with the Commission. 

14. In another early order involving e-Tags,16 the Commission denied a motion for 

a cease and desist order and found that the e-Tag system has generally improved the 

reliability and efficiency of the transmission system and facilitates the access of 

13 We note, however, that the use of e-Tags is not limited to transactions 

involving public utilities. 

14 83 FERC at 61,039. 

15 84 FERC at 61,235. 

16 Open Access Same-Time Information Systems and Standards of Conduct, 

90 FERC ¶ 61,070, at 61,260-62 (2000) (Order Denying Cease and Desist Order). 
Docket No. RM11-12-000 - 8 -

to 

is 

to 

 a 

 

system transmission operators to critical information that can be used to analyze "the 

way in which a particular transaction may impact transmission system stability."17 

Moreover, the Commission found that the e-Tag system is an important element of 

Next Hour Market Service.18

15. We believe that obtaining access to complete e-Tag data will help the 

Commission to detect anti-competitive or manipulative behavior or ineffective market 

rules, monitor the efficiency of the markets, and better inform Commission policies 

and decision-making. Thus, the Commission proposes to require the ERO to provide 

access to complete e-Tag data on a non-public basis to Commission staff. For 

example, by using e-Tag data, in coordination with other resources,19 the 

Commission will be able to better identify interchange schedules that appear 

anomalous or inconsistent with rational economic behavior. In this regard, access 

e-Tag data would allow the Commission’s staff to examine more effectively 

situations where interchange schedules are absent even when transmission capacity 

available and pricing differences between the two locations ought to be sufficient 

encourage transactions between those locations. Such a circumstance could signal

17 Id., 90 FERC at 61,262. 

18 Id.

19 For instance, in Docket No. RM10-12-000, the Commission is issuing a 

NOPR concurrently with this NOPR, whereby the Commission proposes that e-Tag 

IDs be included in the transaction details reported in Electric Quarterly Reports. 
Docket No. RM11-12-000 - 9 -

d help 

 

market issue or other problem. In addition, Commission access to e-Tags woul

facilitate Commission audits or investigations in cases where e-Tags are relevant. 

16. In light of the various Commission uses for e-Tag data, we propose to locate 

this requirement within § 366.2 of our regulations, which governs Commission access 

to books and records. Thus, we propose to revise § 366.2 of our regulations to 

redesignate the current paragraph (d) as paragraph (e), and to add a new paragraph (d) 

establishing a formal requirement for the ERO to make this information available on 

an ongoing basis to the Commission’s Staff. By establishing this requirement as part 

of § 366.2, it is clear that, under the newly designated paragraph (e), the information 

would be kept confidential and would not be made publicly available, except as 

directed by the Commission, or a court with appropriate jurisdiction.20

(continued)

20 In a NOPR on Electricity Market Transparency Provisions of Section 220 of 

the Federal Power Act, in Docket No. RM10-12-000, being issued concurrently with 

this NOPR, the Commission proposes to require individual market participants to file, 

if applicable, e-Tag IDs as part of their publicly-available Electric Quarterly Report 

(EQR). An e-Tag ID is a subset of the information in a complete e-Tag that contains 

information about the source Balancing Authority in which the generation is located; 

a unique transaction identifier assigned by the e-Tag system when transmission 

service to accommodate the transaction is reserved; and the sink Balancing Authority 

in which the load is located. The Commission believes that the information contained 

in e-Tag IDs is not privileged or confidential. 

Unlike the public availability of e-Tag “ID” information proposed in Docket 

No RM10-12-000, in the instant proceeding in Docket No. RM11-12-000, the 

Commission is proposing to keep all other (“non-ID”) e-Tag data non-public. We 

note that persons could file a request to obtain such data through a request under the 

Freedom of Information Act (FOIA). The Commission, however, is of the view that 

these data would be covered by exemption 4 of FOIA, which protects "trade secrets 

and commercial or financial information obtained from a person [that is] privileged or 

confidential." 5 U.S.C. § 552(b)(4) (2006), amended by OPEN Government Act of 
Docket No. RM11-12-000 - 10 -

17. Currently, the access of market monitoring units (MMUs) for RTOs and ISOs 

to e-Tag data is often limited to schedules with contract paths in the market that the 

MMU is tasked with monitoring.21 Allowing MMUs access to complete e-Tag data 

may improve their ability to monitor loop flows and their corresponding market 

impacts. 

18. Accordingly, the Commission invites comment on whether this information 

should be made available to MMUs. If so, should the data be provided to MMUs on 

a real-time basis? The Commission also invites comment on whether making the 

data available to MMUs would raise confidentiality issues or require specific 

confidentiality provisions. For example, should such entities sign a confidentiality 

agreement in order to access the information? In addition, the Commission invites 

comment on what would be the benefit(s) or drawback(s) to the Commission 

obtaining this information from individual market participants rather than NERC. 

III. Information Collection Statement

19. The following collection of information contained in this proposed rule is 

being 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, 

 

2007, Pub. L. No. 110-175, 121 Stat. 2524. Accordingly, these data would not be 

obtainable under the FOIA in that circumstance. 

21 See Electronic Tagging Functional Specifications, Version 1.8.1 (Oct. 27, 

2009), Joint Electric Scheduling Subcommittee, North American Energy Standards 

Board – Wholesale Electric Quadrant, at 9, 23, and 64. 
Docket No. RM11-12-000 - 11 -

whether the information will have practical utility, the accuracy of the provided 

burden estimate, 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. Respondents subject to the 

filing requirements of this rule will not be penalized for failing to respond to this 

collection of information unless the collections of information display a valid OMB 

Control number. 

20. The proposed rule makes information available to Commission staff, but does 

not require, as part of the proposals in this NOPR, that NERC collect any new 

information, repackage the information into any kind of report, or make any 

computations or adjustments to the raw information. This being the case, the 

Commission estimates that the reporting burden associated with compliance with this 

proposed rule is de minimis, and is limited to reviewing the Commission ruling and 

providing permission for staff to access the information. 

Data 

Collection 

FERC-740 

No. of 

Respondents 

Annually 

(1) 

No. of 

Responses Per 

Respondent 

(2) 

Hours Per 

Response 

(3) 

Total Annual 

Burden 

Hours 

(1)X(2)X(3) 

NERC 1 1 7 7 

Total Annual Hours for Collection

Reporting = 7 hours 
Docket No. RM11-12-000 - 12 -

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

comply with these requirements. It has projected the average annualized cost to be 

the following: 

Total Annualized Cost = $840 (7 hours @ $120/hr22) 

21. OMB regulations23 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: (Proposed) FERC-740, Availability of e-Tag Information to Commission 

Staff. 

Action: Proposed collection. 

OMB Control No.: To be determined 

Respondent: NERC 

Frequency of Responses: On occasion 

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

Commission in market monitoring and preventing market manipulation, in assuring 

just and reasonable rates, and in monitoring compliance with certain business practice 

standards adopted by NAESB and incorporated by reference by the Commission. 

 22 This is a composite figure taking into account legal ($200/hr) and technical 

($40/hr) staff. 

23 5 C.F.R. 1320.11. 
Docket No. RM11-12-000 - 13 -

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

NERC reviewing the documents in this proceeding and providing permission for 

Commission staff to access to the complete e-Tag data reported to NERC. 

23. Internal Review: The Commission has made a preliminary determination that 

the proposed revisions are necessary to assure compliance with Commissionincorporated business practice standards, to monitor market transactions to determine 

if entities are engaged in market manipulation, and to assure just and reasonable rates. 

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

specific, objective support for the burden estimate associated with the information 

requirements. 

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

contacting the following: 

Federal Energy Regulatory Commission, 

Attn: Ellen Brown, Information Collection Officer 

888 First Street, NE 

Washington, DC 20426 

Email: DataClearance@ferc.gov. 

Phone: (202) 502-8663, fax: (202) 273-0873 

25. Comments concerning the information collections proposed in this NOPR 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, Washington, DC 20503 [Attention: Desk Officer for the Federal 

Energy Regulatory Commission]. For security reasons, comments should be sent by 

e-mail to OMB at the following e-mail address: oira_submission@omb.eop.gov. 

Please reference FERC-740 and Docket No. RM11-12-000 in your submission. 
Docket No. RM11-12-000 - 14 -

IV. Environmental Analysis

26. 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.24 The Commission has categorically excluded 

certain actions from these requirements as not having a significant effect on the 

human environment.25 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.26 Therefore, an environmental assessment is unnecessary and has not been 

prepared in this NOPR.

V. Regulatory Flexibility Act Certification

27. The Regulatory Flexibility Act of 1980 (RFA)27 generally requires a 

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

substantial number of small entities. Section 601(3) of the RFA defines a “small 

business” as having the same meaning as “small business concern” under section 3 of 

 24 Regulations Implementing the National Environmental Policy Act, Order 

No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 

¶ 30,783 (1987). 

25 18 C.F.R. 380.4. 

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

27 5 U.S.C. 601-612. 
Docket No. RM11-12-000 - 15 -

the Small Business Act. This term includes any firm that is “independently owned 

and operated” and is “not dominant in its field of operation.” The regulations 

proposed here impose requirements only on NERC,28 which, as the single ERO for 

the United States, is not a small business.29

28. The Commission has followed the provisions of the RFA concerning potential 

impact on small business and other small entities. As this rulemaking, if 

implemented, would impose no burden on small entities, the Commission hereby 

certifies, pursuant to section 605(b) of the RFA,30 that the regulations proposed 

 28

North American Electric Reliability Corporation

29

30

 According to the NERC website, www.nerc.com (under fast facts), (last 

visited on March 23, 2011), NERC is “an international, independent, not-for-profit 

organization, whose mission is to ensure the reliability of the bulk power system in 

North America.” The website also states that “NERC oversees reliability for a bulk 

power system that: 

 Provides electricity to 334 million people 

 Has a total electricity demand of 830 gigawatts (830,000 megawatts) 

 Has 211,000 miles or 340,000 km of high-voltage transmission line 

(230,000 volts and greater) 

 Represents more than $1 trillion (US) worth of assets.” 

We also note that, in , 133 FERC 

¶ 61,062, at P 15, 19 (2010), the Commission conditionally approved NERC’s 2011 

budget, which exceeds $53 million. 

 15 U.S.C. 632. The Small Business Administration has developed size 

standards to carry out the purposes of the Small Business Act and those size standards 

can be found in 13 C.F.R., section 121.201. A firm is small if, including its affiliates, 

it is primarily engaged in the generation, transmission, and/or distribution of electric 

energy for sale and its total electric output for the preceding fiscal year did not exceed 

4 million megawatt hours. 

 5 U.S.C. 605(b). 
Docket No. RM11-12-000 - 16 -

herein will not have a significant economic impact on a substantial number of small 

entities. 

VI. Comment Procedures

29. The Commission invites interested persons to submit comments on the m

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 60 days from publication in the FEDERAL REGI

atters 

STER]. Comments 

ccepts 

nters may attach additional files 

r 

n, 

e 

r Submissions,” available at http://www.ferc.gov/docsllmust refer to Docket No. RM11-12-000, and must include the commenter's name, the 

organization they represent, if applicable, and their address. 

30. The Commission encourages commenters to file electronically via the eFiling

link on the Commission's web site at http://www.ferc.gov. The Commission a

most standard word processing formats and comme

with supporting information in certain other file formats. Commenters filing 

electronically do not need to make a paper filing. 

31. Commenters unable to file comments electronically must mail or hand delive

an original copys of their comments to: Federal Energy Regulatory Commissio

Secretary of the Commission, 888 First Street NE, Washington, DC, 20426. Thes

requirements can be found on the Commission’s website, see, e.g., the “Quick 

Reference Guide for Pape

filing/efiling.asp or via phone from FERC Online Support at (202) 502-6652 or to

free at 1-866-208-3676. 
Docket No. RM11-12-000 - 17 -

motely as described in the Document Availability 

this proposal are not required to serve copies of their 

32. All comments will be placed in the Commission's public files and may be 

viewed, printed, or downloaded re

section below. Commenters on 

comments on other commenters. 

VII. Document Availability

33. In addition to publishing the full text of this document in the Federa

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 

and

l Register, 

 in FERC's Public Reference Room during normal business 

e 

inting, and/or downloading. To access this 

ours. For assistance contact FERC Online Support at 

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

02) 502-8659. 

(http://www.ferc.gov) 

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

Washington, DC 20426. 

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

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

Microsoft Word format for viewing, pr

document in eLibrary, type the docket number excluding the last three digits of this 

document in the docket number field. 

35. User assistance is available for eLibrary and the FERC's web site during our 

normal business h

F

(2
Docket No. RM11-12-000 - 18 -

List of subjects in 18 C.F.R. Part 366

lectric power, and reporting and recordkeeping requirements. 

y direction of the Commission. 

Kimberly D. Bose, 

Secretary. 

E

B
Docket No. RM11-12-000 - 19 -

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

I, Title 18, part 366 of the Code of Federal Regulations, as follows: 

PART 366 – BOOKS AND RECORDS 

1. The authority citation for part 366 continues to read as follows: 

Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42 U.S.C. 

16451–16463. 

2. Amend § 366.2 to redesignate paragraph (d) as paragraph (e) and to add 

paragraph (d) to read as follows: 

§ 366.2 Commission access to books and records. 

* * * * * 

(d) Electric Reliability Organization. The Electric Reliability Organization 

certified by the Commission under § 39.3 of this chapter will make available to 

Commission staff, on an ongoing basis, access to the complete electronic tags (eTags), or any successor to e-Tags, used to schedule the transmission of electric power 

in wholesale markets. The complete e-Tag data to be made available under this 

section shall consist of e-Tags for interchange transactions scheduled to flow into, out 

of or within the United States’ portion of the Eastern or Western Interconnections, or 

into or out of the Electric Reliability Council of Texas and into or out of the United 

States’ portion of the Eastern or Western Interconnections. 

(e) Confidentiality. No member, officer, or employee of the Commission shall 

divulge any fact or information that may come to his or her knowledge during the 

course of examination of books, accounts, memoranda, or other records as provided 
Docket No. RM11-12-000 - 20 -

in this section, except as may be directed by the Commission or by a court of 

competent jurisdiction.