145 FERC ¶ 61,147

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Part 40

[Docket No. RM13-8-000; Order No. 788]

Electric Reliability Organization Proposal to Retire Requirements in Reliability 

Standards

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

SUMMARY: Pursuant to section 215 of the Federal Power Act, the Commission 

approves the retirement of 34 requirements within 19 Reliability Standards identified by 

the North American Electric Reliability Corporation (NERC), the Commission-certified 

Electric Reliability Organization. The requirements proposed for retirement either: 

(1) provide little protection for Bulk-Power System reliability or (2) are redundant with 

other aspects of the Reliability Standards. In addition, the Commission withdraws 

41 Commission directives that NERC develop modifications to Reliability Standards. 

This proposal is part of the Commission’s ongoing effort to review its requirements and 

reduce unnecessary burdens by eliminating requirements that are not necessary to the 

performance of the Commission’s regulatory responsibilities.

EFFECTIVE DATE: This rule will become effective [insert date 45 days after 

publication in the FEDERAL REGISTER]
Docket No. RM13-8-000 - 2 -

FOR FURTHER INFORMATION CONTACT:

Kevin Ryan (Legal Information)

Office of the General Counsel

Federal Energy Regulatory Commission

888 First Street, NE 

Washington, DC 20426

Telephone: (202) 502-6840

Michael Gandolfo (Technical Information)

Office of Electric Reliability, Division of Reliability Standards and Security

Federal Energy Regulatory Commission 

888 First Street, NE 

Washington, DC 20426 

Telephone: (202) 502-6817

SUPPLEMENTARY INFORMATION:
145 FERC ¶ 61,147

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Jon Wellinghoff, Chairman;

 Philip D. Moeller, John R. Norris,

Cheryl A. LaFleur, and Tony Clark.

Electric Reliability Organization Proposal to Retire 

Requirements in Reliability Standards

Docket No. RM13-8-000

ORDER NO. 788

FINAL RULE

(Issued November 21, 2013)

1. Pursuant to section 215(d) of the Federal Power Act (FPA),1the Commission 

approves the retirement of 34 requirements within 19 Reliability Standards identified by 

the North American Electric Reliability Corporation (NERC), the Commission-certified 

Electric Reliability Organization (ERO). The retirement of these provisions meet the 

benchmarks set forth in the Commission’s March 15, 2012 order that requirements 

proposed for retirement either: (1) provide little protection for Bulk-Power System 

reliability or (2) are redundant with other aspects of the Reliability Standards.2 

Consistent with the Commission’s proposal in the March 2012 Order, we conclude that 

the requirements proposed for retirement can “be removed from the Reliability Standards 

 

1

16 U.S.C. 824o(d) (2006).

2

See North American Electric Reliability Corp., 138 FERC ¶ 61,193, at P 81 

(March 2012 Order), order on reh’g and clarification, 139 FERC ¶ 61,168 (2012).
Docket No. RM13-8-000 - 2 -

with little effect on reliability and an increase in efficiency of the ERO compliance 

program.”3 

2. In addition, in this Final Rule, we withdraw 41 directives that NERC develop 

modifications to Reliability Standards.4 In Order No. 693 and subsequent final rules, the 

Commission has identified various issues and directed NERC to develop modifications to 

the Reliability Standards or take other action to address those issues.5 While NERC has 

addressed many of these directives, over 150 directives remain outstanding. The 

withdrawal of these directives will enhance the efficiency of the Reliability Standards 

development process, with little or no impact on Bulk-Power System reliability. 

3. Pursuant to Executive Order 13579, the Commission issued a plan to identify 

regulations that warrant repeal or modification, or strengthening, complementing, or 

modernizing where necessary or appropriate.6 In the Plan, the Commission also stated 

 

3

Id. P 81.

4

The 41 withdrawn directives are listed in Attachment A to this Final Rule. 

5 Mandatory Reliability Standards for the Bulk-Power System, Order No. 693, 

FERC Stats. & Regs. ¶ 31,242, order on reh’g, Order No. 693-A, 120 FERC ¶ 61,053 

(2007). See also Mandatory Reliability Standards for the Calculation of Available 

Transfer Capability, Capacity Benefit Margins, Transmission Reliability Margins, Total 

Transfer Capability, and Existing Transmission Commitments and Mandatory Reliability 

Standards for the Bulk-Power System, Order No. 729, 129 FERC ¶ 61,155 (2009), order 

on clarification, Order No. 729-A, 131 FERC ¶ 61,109 (2010), order on reh’g and 

reconsideration, Order No. 729-B, 132 FERC ¶ 61,027 (2010). 

6

Plan for Retrospective Analysis of Existing Rules, Docket No. AD12-6-000 

(Nov. 8, 2011). Executive Order 13579 requests that independent agencies issue public 

plans for periodic retrospective analysis of their existing “significant regulations.” 

 (continued...)
Docket No. RM13-8-000 - 3 -

that it voluntarily and routinely, albeit informally, reviews its regulations to ensure that 

they achieve their intended purpose and do not impose undue burdens on regulated 

entities or unnecessary costs on those entities or their customers. The action in this Final 

Rule is a part of the Commission’s ongoing effort to review its requirements and reduce 

unnecessary burdens by eliminating requirements that are not necessary to the 

performance of the Commission’s regulatory responsibilities.

I. Background

A. Section 215 of the FPA

4. Section 215 of the FPA requires the Commission-certified ERO to develop 

mandatory and enforceable Reliability Standards, subject to Commission review and 

approval. Once approved, the Reliability Standards may be enforced in the United States 

by the ERO subject to Commission oversight or by the Commission independently.7

 

Retrospective analysis should identify “significant regulations” that may be outmoded, 

ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, 

or repeal them in order to achieve the agency’s regulatory objective. 

7

See 16 U.S.C. 824o(e)(3). 
Docket No. RM13-8-000 - 4 -

Pursuant to the requirements of FPA section 215, the Commission established a process 

to select and certify an ERO8and, subsequently, certified NERC as the ERO.9 

B. March 2012 Order

5. In the March 2012 Order, the Commission accepted, with conditions, NERC’s 

“Find, Fix, Track and Report” (FFT) initiative. The FFT process, inter alia, provides 

NERC and the Regional Entities the flexibility to address lower-risk possible violations 

through an FFT informational filing as opposed to issuing and filing a Notice of Penalty. 

In addition, the Commission raised the prospect of revising or removing requirements of 

Reliability Standards that “provide little protection for Bulk-Power System reliability or 

may be redundant.”10 Specifically, the Commission stated:

... NERC’s FFT initiative is predicated on the view that many violations of 

requirements currently included in Reliability Standards pose lesser risk to 

the Bulk-Power System. If so, some current requirements likely provide 

little protection for Bulk-Power System reliability or may be redundant. 

The Commission is interested in obtaining views on whether such 

requirements could be removed from the Reliability Standards with little 

effect on reliability and an increase in efficiency of the ERO compliance 

program. If NERC believes that specific Reliability Standards or specific 

requirements within certain Standards should be revised or removed, we 

invite NERC to make specific proposals to the Commission identifying the 

 

8

Rules Concerning Certification of the Electric Reliability Organization; and 

Procedures for the Establishment, Approval, and Enforcement of Electric Reliability 

Standards, Order No. 672, FERC Stats. & Regs. ¶ 31,204, order on reh’g, Order 

No. 672-A, FERC Stats. & Regs. ¶ 31,212 (2006). 

9 North American Electric Reliability Corp., 116 FERC ¶ 61,062, order on reh’g 

and compliance, 117 FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa Inc. v. FERC, 

564 F.3d 1342 (D.C. Cir. 2009).

10 March 2012 Order, 138 FERC ¶ 61,193 at P 81.
Docket No. RM13-8-000 - 5 -

Standards or requirements and setting forth in detail the technical basis for 

its belief. In addition, or in the alternative, we invite NERC, the Regional 

Entities and other interested entities to propose appropriate mechanisms to 

identify and remove from the Commission-approved Reliability Standards 

unnecessary or redundant requirements.11

In response, NERC initiated a review, referred to as the “P 81 project,” to identify 

requirements that could be removed from Reliability Standards without impacting the 

reliability of the Bulk-Power System. 

C. NERC Petition

6. In a February 28, 2013 petition, NERC requested Commission approval of the 

retirement of 34 requirements within 19 Reliability Standards. According to NERC, the 

34 requirements proposed for retirement “are redundant or otherwise unnecessary” and 

that “violations of these requirements ... pose a lesser risk to the reliability of the BulkPower System.”12

 NERC stated that the proposed retirement of the 34 requirements “will 

allow industry stakeholders to focus their resources appropriately on reliability risks and 

will increase the efficiency of the ERO compliance program.”13

7. NERC explained that the “P 81 Team” developed three criteria for its review: 

(1) Criterion A: an overarching criteria designed to determine that there is 

no reliability gap created by the proposed retirement; (2) Criterion B: 

 

11 Id.

12 Petition at 2.

13 Id. 
Docket No. RM13-8-000 - 6 -

consists of seven separate identifying criteria designed to recognize 

requirements appropriate for retirement (administrative; data collection/data 

retention; documentation; reporting; periodic updates; commercial or 

business practice; and redundant); and (3) Criterion C: consists of seven 

separate questions designed to assist the P 81 Team in making an informed 

decision regarding whether requirements are appropriate to propose for 

retirement.14

8. NERC explained that the project team focused on the identification of “lowerlevel facilitating requirements that are either redundant with other requirements or where 

evidence retention is burdensome and the requirement is unnecessary” because the 

reliability goal is achieved through other standards or mechanisms.15 According to 

NERC, the proposed retirement of documentation requirements will not create a gap in 

reliability because “NERC and the Regional Entities can enforce reporting obligations 

pursuant to section 400 of NERC’s Rules of Procedure and Appendix 4C to ensure that 

necessary data continues to be submitted for compliance and enforcement purposes.”

16

 

NERC asserts that, although the P 81 project proposes to retire requirements associated 

with data retention or documentation, “the simple fact that a requirement includes a data 

 

14 Id. at 4. See also id. n. 8 (setting forth the seven questions of Criterion C). 

15 Id. at 7.

16 Id. at 8 (citing North American Electric Reliability Corp., 141 FERC ¶ 61,241, 

at P 82 (2012) (approving proposed revisions to NERC’s Rules of Procedure)).
Docket No. RM13-8-000 - 7 -

retention or documentation element does not signify that it should be considered for 

retirement or is otherwise inappropriately designated as a requirement.”17

9. Based on this approach, NERC identified the following 34 requirements within 

19 Reliability Standards for potential retirement:

 BAL-005-0.2b, Requirement R2 – Automatic Generation Control

 CIP-003-3, -4, Requirement R1.2 – Cyber Security – Security Management 

Controls18

 CIP-003-3, -4, Requirements R3, R3.1, R3.2, and R3.3 – Cyber Security –

Security Management Controls

 CIP-003-3, -4, Requirement R4.2 – Cyber Security – Security Management 

Controls

 CIP-005-3a, -4a, Requirement R2.6 – Cyber Security – Electronic Security 

Perimeter(s)

 CIP-007-3, -4, Requirement R7.3 – Cyber Security – Systems Security 

Management

 EOP-005-2, Requirement R3.1 – System Restoration from Blackstart Services

 FAC-002-1, Requirement R2 – Coordination of Plans for New Facilities

 FAC-008-3, Requirements R4 and R5 – Facility Ratings

 

17 Id. at 9 (emphasis in original).

18 NERC explains that although only eight requirements in the Critical 

Infrastructure Protection (CIP) body of Reliability Standards are proposed for retirement, 

NERC proposes the retirement of those eight requirements in both CIP versions 3 and 4. 

Therefore, the total number of CIP requirements proposed for retirement is sixteen.
Docket No. RM13-8-000 - 8 -

 FAC-010-2.1, Requirement R5 – System Operating Limits Methodology for the 

Planning Horizon

 FAC-011-2.1, Requirement R5 – System Operating Limits Methodology for the 

Operations Horizon

 FAC-013-2, Requirement R3 – Assessment of Transfer Capability for the Nearterm Transmission Planning Horizon

 INT-007-1, Requirement R1.2 – Interchange Confirmation

 IRO-016-1, Requirement R2 – Coordination of Real-Time Activities between 

Reliability Coordinators

 NUC-001-2, Requirements R9.1, R9.1.1, R9.1.2, R9.1.3, and R1.9.4 – Nuclear 

Plant Interface Coordination

 PRC-010-0, Requirement R2 – Assessment of the Design and Effectiveness of 

UVLS Programs

 PRC-022-1, Requirement R2 – Under-Voltage Load Shedding Program 

Performance

 VAR-001-2, Requirement R5 – Voltage and Reactive Control

10. NERC also requested that the Commission approve the implementation plan, 

provided as Exhibit C to NERC’s petition, which provided that the identified 

requirements will be retired immediately upon Commission approval.

11. NERC stated that it will apply the “concepts” from the P 81 project to improve the 

drafting of Reliability Standards going forward. Specifically, NERC explained that 

Reliability Standards development projects “will involve stronger examination for 

duplication of requirements across the NERC body of Reliability Standards and the 

technical basis and necessity for each and every requirement will continue to be 
Docket No. RM13-8-000 - 9 -

evaluated.”19 According to NERC, requirements that were proposed and ultimately not 

included in the immediate filing will be mapped for consideration in future standards 

projects.

D. Notice of Proposed Rulemaking

12. On June 20, 2013, the Commission issued a Notice of Proposed Rulemaking 

(NOPR) proposing to approve the retirement of the 34 requirements within 19 Reliability 

Standards, consistent with NERC’s petition.20 In addition, the Commission proposed to 

withdraw 41 outstanding Commission directives that NERC develop modifications to 

Reliability Standards. 

13. Comments on the NOPR were due by August 27, 2013. Seven entities filed 

comments, identified in Attachment B to the Final Rule. 

II. Discussion

A. Retirement of Requirements

NOPR Proposal

14. In the NOPR, the Commission proposed to approve the retirement of the 

34 requirements within 19 Reliability Standards identified by NERC. In the NOPR, for 

 

19 Petition at 9.

20 Electric Reliability Organization Proposal to Retire Requirements in Reliability 

Standards, Notice of Proposed Rulemaking, 78 FR 38,851 (June 28, 2013), 143 FERC 

¶ 61,251 (2013) (NOPR), errata, 78 FR 41,339 (July 10, 2013).
Docket No. RM13-8-000 - 10 -

each of the 34 requirements, the Commission provided NERC’s rationale supporting 

retirement, and the Commission’s explanation for proposing to approve the retirement.21

Comments

15. Commenters unanimously support approval of the NOPR proposal. Trade 

Associations, CEA and ITC concur that the retirement of the 34 requirements will have 

little to no effect on reliability. NRECA, ISO/RTO Council, CEA and ITC support 

continuance of the “P 81” process as a high priority going forward and the identification 

of additional candidate requirements for retirement or streamlining.

16. ISO/RTO Council comments that, while the criteria used by NERC to identify 

candidate requirements for retirement are appropriate, additional criteria would ensure 

that streamlining of the Reliability Standards will continue. 

Commission Determination

17. Pursuant to section 215 of the FPA, we approve the retirement of the 

34 requirements within 19 Reliability Standards identified by NERC as just, reasonable, 

not unduly discriminatory or preferential, and in the public interest. Likewise, we 

approve the implementation plan and effective date set forth in NERC’s petition.

18. In the March 2012 Order, the Commission explained that “some current 

requirements likely provide little protection for Bulk-Power System reliability or may be 

redundant. The Commission is interested in obtaining views on whether such 

 

21 See NOPR, 143 FERC ¶ 61,251 at PP 17-83. 
Docket No. RM13-8-000 - 11 -

requirements could be removed from the Reliability Standards with little effect on 

reliability and an increase in efficiency of the ERO compliance program.”

22

 In general, 

we conclude that the requirements identified by NERC for retirement satisfy the 

expectations set forth in the March 2012 Order; namely, the requirements proposed for 

retirement either: (1) provide little protection for Bulk-Power System reliability or 

(2) are redundant with other aspects of the Reliability Standards.23 

19. We agree with NERC that the elimination of certain requirements that pertain to 

information collection or documentation will not result in a reliability gap. No 

commenter disputes NERC’s rationale. Section 400 and Appendix 4C (Uniform 

Compliance Monitoring and Enforcement Program) of the NERC Rules of Procedure 

provide NERC and the Regional Entities the authority to enforce reporting obligations 

necessary to support reliability.24 This authority, used in the appropriate manner, justifies 

retiring certain documentation-related requirements that provide limited, if any, support 

for reliability. The retirement of such requirements should enhance the efficiency of the 

ERO compliance program, as well as the efficiency of individual registered entity 

compliance programs. 

 

22 March 2012 Order, 138 FERC ¶ 61,193 at P 81.

23 Further, we adopt the rationale for the retirement of each requirement as set 

forth in the NOPR, 143 FERC ¶ 61,251 at PP 17-83.

24 See North American Electric Reliability Corp., 141 FERC ¶ 61,241 at P 82.
Docket No. RM13-8-000 - 12 -

20. We agree with commenters that NERC should continue the process of identifying 

additional Reliability Standards and requirements as candidates for retirement or 

streamlining. We support NERC’s continuing efforts in this regard. Efficiencies can be 

gained from further consolidation or retirement of some requirements or components of 

requirements that are justified based on technical analysis of either existing requirements, 

new proposed requirements or modifications. Such analyses would take into account the 

interrelationship between standards and among categories of standards, in order to 

determine that when retirements or consolidations are made the reliability benefits of the 

currently effective requirements would be preserved.

21. With regard to ISO/RTO Council’s comment, we will not direct NERC to develop 

additional criteria for identifying candidate requirements for retirement. ISO/RTO 

Council does not identify any specific concern or defect regarding the criteria applied by 

NERC.25 ISO/RTO Council may raise its proposal directly with NERC if it so chooses. 

B. Outstanding Directives

NOPR Proposal

22. In the NOPR, the Commission proposed to withdraw 41 outstanding Commission 

directives that NERC develop modifications to Reliability Standards. Attachment A of 

the NOPR identified the 41 Commission directives, the source (i.e., Final Rule) of the 

 

25 Moreover, while NERC provided the criteria in the February 2013 petition, 

NERC also made clear that the criteria were provided only for informational purposes.

See NERC Petition at 4.
Docket No. RM13-8-000 - 13 -

directive, and a justification for the proposed withdrawal.26 The Commission explained 

that it applied the following three criteria in identifying outstanding directives for 

withdrawal: (1) the reliability concern underlying the outstanding directive has been 

addressed in some manner, rendering the directive stale; (2) the outstanding directive 

provides general guidance for standards development rather than a specific directive; and 

(3) the outstanding directive is redundant with another directive.27 The Commission 

stated that each of the 41 outstanding directives identified in Attachment A of the NOPR 

satisfies one or more of the criteria.

Comments 

23. NERC and all other commenters support the withdrawal of the 41 outstanding 

Commission directives. 

24. Trade Associations recommend that the Commission consider alternative criteria 

for the withdrawal of outstanding directives to more closely align the criteria with those 

developed by NERC for retirement of Reliability Standard requirements. According to 

Trade Associations, “simple logic suggests that the basis for retirement of requirements 

 

26 The same table is provided as Attachment A to the Final Rule. Each directive 

identified in Attachment A includes a “NERC Reference Number.” Commission staff 

and NERC staff have developed a common approach to identifying and tracking 

outstanding Commission directives. The NERC Reference Numbers reflect this joint 

tracking process.

27 NOPR, 143 FERC ¶ 61,251 at P 86.
Docket No. RM13-8-000 - 14 -

and withdrawal of Commission reliability directives should be consistent, if not 

uniform.”28

Commission Determination

25. We find that it is appropriate to withdraw the 41 directives requiring that NERC 

develop modifications to Reliability Standards. As explained in the NOPR, the 

withdrawal of the identified directives should result in more efficient use of NERC’s and 

the Commission’s resources and reduce unnecessary burdens, without impacting the 

reliable operation of the Bulk-Power System.29 All commenters agree with the 

withdrawal of the 41 directives and the resulting efficiencies. Accordingly, we withdraw 

the 41 directives requiring that NERC develop modifications to Reliability Standards, 

identified in Attachment A of the Final Rule.

26. We are not persuaded by Trade Associations’ comments that there is a need to 

more closely align the criteria applied by the Commission in determining whether to 

withdraw an outstanding reliability directive with those criteria developed by NERC for 

retirement of Reliability Standard requirements. Unlike the NERC review of Reliability 

Standard requirements, without precluding possible future Commission action, we have 

no plans for ongoing review of outstanding Commission reliability directives. We have 

reviewed the catalogue of outstanding reliability directives and have taken appropriate 

 

28 Trade Associations Comments at 7.

29 See NOPR, 143 FERC ¶ 61,251 at PP 85-87. 
Docket No. RM13-8-000 - 15 -

action in this proceeding. Further, while Trade Associations assert that such convergence 

of criteria is “logical,” we do not believe that the retirement of Reliability Standards 

requirements and withdrawal of a Commission directive is an apples-to-apples 

comparison that necessitates the suggested “alignment.” 

III. Information Collection Statement

27. The Office of Management and Budget (OMB) regulations require that OMB 

approve certain reporting and recordkeeping (collections of information) imposed by an 

agency.

30

 Upon approval of a collection(s) of information, OMB will assign an OMB 

control number and expiration date. Respondents subject to the filing requirements of 

this rule will not be penalized for failing to respond to these collection(s) of information 

unless the collections of information display a valid OMB control number. 

28. The Commission is submitting these revisions to the reporting and recordkeeping

requirements to OMB for its review and approval under section 3507(d) of the Paperwork 

Reduction Act of 1995.31 The Commission solicited comments on the need for and the 

purpose of the information contained in NERC’s February 2013 petition and the 

corresponding burdens to implement NERC’s proposed retirement of 34 requirements 

within 19 Reliability Standards. The Commission received comments generally 

supporting the efficiency gains and reductions in burden resulting from the retirement of 

 

30 5 CFR 1320.11.

31 44 U.S.C. 3507(d).
Docket No. RM13-8-000 - 16 -

specific requirements, which we address in the Final Rule. However, the Commission 

did not receive comments on the reporting estimates. The Final Rule approves the 

retirement of the 34 requirements within 19 Reliability Standards and, in addition, the 

withdrawal of 41 Commission directives that NERC develop modifications to Reliability 

Standards.

29. Public Reporting Burden: The estimate below for the number of respondents is 

based on the NERC Compliance Registry as of April 30, 2013.32 According to the 

registry, there are 132 balancing authorities (BA), 544 distribution providers (DP), 

898 generator owners (GO), 859 generator operators (GOP), 56 interchange authorities

(IA), 515 load serving entities (LSE), 80 planning authorities/planning coordinators (PA 

or PC), 677 purchasing selling entities (PSE), 21 reliability coordinators (RC), 346 

transmission owners (TO), 185 transmission operators (TOP), 185 transmission planners

(TP), and 93 transmission service providers (TSP).

30. The Commission estimates that the burden will be reduced for each requirement as 

detailed in the chart below, for a total estimated annual reduction in burden cost of 

$518,220. The Commission based the burden reduction estimates on staff experience, 

knowledge, and expertise.

 

32 The estimates for the retired CIP requirements are based on February 28, 2013 

registry data in order to provide consistency with burden estimates provided in the 

Commission’s recent CIP version 5 Notice of Proposed Rulemaking in Docket 

No. RM13-5-000.
Docket No. RM13-8-000 - 17 -

Standard, 

Requirement 

Number, and 

FERC 

Collection 

Number

Type of 

Respondents

Number of 

Respondents33

[A]

Estimated 

Average 

Reduction in 

Burden 

Hours per 

Respondent 

per Year

[B]

Estimated 

Total Annual 

Reduction in 

Burden (in 

hours)

[A X B]

Estimated 

Total Annual 

Reduction in 

Cost

[A X B X 

$60/ hour34]

EOP-005-2, 

R3.1 

(FERC-725A) TOP 185 1 185 $11,100

FAC-008-3, 

R4

(FERC-725A) TO, GO 1,151 1 1,151 $69,060

FAC-008-3, 

R5

(FERC-725A) TO, GO 1,151 1 1,151 $69,060

FAC-010-2.1, 

R5

(FERC-725D) PA 80 20 1,600 $96,000

FAC-011-2, 

R5

(FERC-725D) RC 21 20 420 $25,200

FAC-013-2, 

R3

(FERC-725A) PC 80 8 640 $38,400

INT-007-1, 

R1.2

(FERC-725A) IA 56 20 1,120 $67,200

IRO-016-1, R2

(FERC-725A)

RC 21 20 420 $25,200

CIP-003-3, -4, 

R1.2 

(FERC-725B)

RC, BA, IA, 

TSP, TO, 

TOP, GO, 

GOP,LSE 325 1 325 $19,500

CIP-003-3, -4, 

R3, R3.1, 

R3.2, R3.3 

RC, BA, IA, 

TSP, TO, 

TOP, GO, 325 1 325 $19,500

 

33 This number was calculated by adding all the applicable entities while removing 

double counting caused by entities registered under multiple functions.

34 The estimated hourly loaded cost (salary plus benefits) for an engineer is 

assumed to be $60/hour, based on salaries as reported by the Bureau of Labor Statistics 

(BLS) (http://bls.gov/oes/current/naics2_22.htm). Loaded costs are BLS rates divided by 

0.703 and rounded to the nearest dollar (http://www.bls.gov/news.release/ecec.nr0.htm).
Docket No. RM13-8-000 - 18 -

(FERC-725B) GOP,LSE

CIP-005-3, -4,

R2.6 

(FERC-725B)

RC, BA, IA, 

TSP, TO, 

TOP, GO, 

GOP,LSE 325 4 1300 $78,000

Total

8,637 $518,220

31. The above chart does not include BAL-005-0.2b, Requirement R2; CIP-003-3, -4, 

Requirement R4.2; CIP-007-3, -4, Requirement R7.3; FAC-002-1, Requirement R2; 

PRC-010-0, Requirement R2; PRC-022-1, Requirement R2; and VAR-001-2, 

Requirement R5 because those requirements were found redundant with other 

requirements.35 Since the action required within them is required elsewhere, there is no 

change in the overall burden in retiring these requirements. Likewise, NUC-001-2, 

Requirement R9.1; NUC-001-2, Requirement R9.1.1; NUC-001-2, Requirement R9.1.2; 

NUC-001-2, Requirement R9.1.3; and NUC-001-2, Requirement R9.1.4 are not included 

because these requirements require that the applicable entities include “boiler plate”

language into their agreements that is normally included in all legal contracts.36 Since 

this action will be taken regardless if it is required by a Reliability Standard, there is no 

reduction in burden. 

 

35 The reporting requirements in these standards are part of the FERC-725A 

information collection.

36 The reporting requirements in this standard are part of the FERC-725F 

information collection.
Docket No. RM13-8-000 - 19 -

Titles: FERC-725A, Mandatory Reliability Standards for the Bulk Power System; 

FERC-725B, Mandatory Reliability Standards for Critical Infrastructure Protection; 

FERC-725D, Facilities, Design, Connections, and Maintenance Reliability Standards; 

and FERC-725F, Mandatory Reliability Standards for Nuclear Plant Interface 

Coordination.

Action: Revisions to Collections of Information

OMB Control Nos: 1902-0244, 1902-0248, 1902-0247, and 1902-0249.

Respondents: Business or other for-profit, and not-for-profit institutions.

Frequency of Responses: On occasion. 

Necessity of the Information: This proceeding approves the retirement of the 34 

requirements within 19 Reliability Standards identified by NERC. The retirements 

either: (1) provide little protection for Bulk-Power System reliability or (2) are redundant 

with other aspects of the Reliability Standards. In addition, we withdraw the 

41 Commission directives listed in Attachment A in the interest of enhancing the 

efficiency of the ERO standard development and compliance programs, as well as the 

efficiency of individual registered entity compliance programs. 

Internal review: The Commission has reviewed NERC’s proposal and determined that 

the action is necessary to implement section 215 of the FPA. The Commission has 

assured itself, by means of its internal review, that there is specific, objective support for 

the burden reduction estimates associated with the retired information requirements.

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

contacting the Federal Energy Regulatory Commission, Office of the Executive Director, 
Docket No. RM13-8-000 - 20 -

888 First Street, NE, Washington, DC 20426 [Attention: Ellen Brown, e-mail: 

DataClearance@ferc.gov, phone: (202) 502-8663, fax: (202) 273-0873].

33. Comments concerning the information collections and the associated burden 

estimates should be sent to the Commission in this docket and to the Office of 

Management and Budget, Office of Information and Regulatory Affairs [Attention: Desk 

Officer for the Federal Energy Regulatory Commission]. For security reasons, comments 

should be sent by e-mail to OMB at: oira_submission@omb.eop.gov. Please indicate the 

OMB Control Numbers and Docket No. RM13-8-000 in your submittal.

IV. Environmental Analysis

34. 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.37 The Commission has categorically excluded certain actions 

from this requirement as not having a significant effect on the human environment. 

Included in the exclusion are rules that are clarifying, corrective, or procedural or that do 

not substantially change the effect of the regulations being amended.38 The actions 

proposed here fall within this categorical exclusion in the Commission’s regulations.

 

37 Regulations Implementing the National Environmental Policy Act, Order 

No. 486 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Regulations Preambles 

1986-1990 ¶ 30,783 (1987).

38 18 CFR 380.4(a)(2)(ii) (2013).
Docket No. RM13-8-000 - 21 -

V. Regulatory Flexibility Act

35. The Regulatory Flexibility Act of 1980 (RFA)39 generally requires a description 

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

number of small entities. The RFA mandates consideration of regulatory alternatives that 

accomplish the stated objectives of a proposed rule and that minimize any significant 

economic impact on a substantial number of small entities. The Small Business 

Administration’s Office of Size Standards develops the numerical definition of a small 

business.40 The Small Business Administration has established a size standard for 

electric utilities, stating that a firm is small if, including its affiliates, it is primarily 

engaged in the transmission, generation and/or distribution of electric energy for sale and 

its total electric output for the preceding twelve months did not exceed four million 

megawatt hours.41

36. The Commission estimates the total reduction in burden for all small entities to 

be $32,460. The Commission estimates that small planning authorities/planning 

coordinators will see a reduction of $1,680 per entity per year, greater than for other 

types of affected small entities.42 The Commission does not consider a reduction of 

 

39 5 U.S.C. 601-612.

40 13 CFR 121.101.

41 13 CFR 121.201, Sector 22, Utilities & n.1. 

42 The burden reduction for planning authorities/planning coordinators is based on 

the retirement of FAC-010-2.1, Requirement R5 and FAC-013-2, Requirement R3. 

 (continued...)
Docket No. RM13-8-000 - 22 -

$1,680 per year to be a significant economic impact. The Commission believes that, 

in addition to the estimated economic impact, the proposed retirement of the 

34 requirements of mandatory Reliability Standards will provide small entities with relief 

from having to track compliance with these provisions and preparing to show compliance 

in response to a potential compliance audit by a Regional Entity or other regulator. 

37. Based on the above, the Commission certifies that the changes to the Reliability 

Standards will not have a significant impact on a substantial number of small entities. 

Accordingly, no regulatory flexibility analysis is required.

VI. Document Availability

38. 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, NE, Room 2A, 

Washington DC 20426.

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

eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft 

Word format for viewing, printing, and/or downloading. To access this document in 

 

Based on the NERC Compliance Registry and Energy Information Administration Form 

EIA-861 data, the Commission estimates that 5 out of the 80 planning 

authorities/planning coordinators meet the definition of a small entity.
Docket No. RM13-8-000 - 23 -

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

docket number field.

40. User assistance is available for eLibrary and the FERC’s website during normal 

business hours from FERC Online Support at (202) 502-6652 (toll free at 1-866-208-

3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 

502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov.

VII. Effective Date and Congressional Notification

41. These regulations are effective [insert date 45 days after publication in Federal 

Register]. The Commission has determined that, with the concurrence of the 

Administrator of the Office of Information and Regulatory Affairs of OMB, this rule is 

not a “major rule” as defined in section 351 of the Small Business Regulatory 

Enforcement Fairness Act of 1996.

By the Commission.

( S E A L )

Nathaniel J. Davis, Sr.,

Deputy Secretary.
Docket No. RM13-8-000 - 24 -

Note: Attachment A will not appear in the Code of Federal Regulations.

Attachment A

Withdrawn Commission Directives
Docket No. RM13-8-000 25

# Standard Order No. Para Directive Justification

Group A - The reliability concern underlying the outstanding directive has been addressed in some manner, rendering the 

directive stale

1 BAL-006 693 P 428

“Add measures concerning the

accumulation of large inadvertent 

interchange balances and levels of noncompliance.” (NERC Reference No. 10036)

NERC replaced levels of non-compliance

with violation severity levels (VSLs). NERC

has designated VSLs for BAL-006.

2 EOP-001 693 P 565

“The Commission agrees with ISO-NE that

the Reliability Standard should be clarified 

to indicate that the actual emergency plan 

elements, and not the “for consideration” 

elements of Attachment 1, should be the

basis for compliance. However, all of the 

elements should be considered when the 

emergency plan is put together.” (NERC 

Reference No. 10065)

The VSLs listed in EOP-001-2.1b and the

Reliability Standard Audit Worksheet for 

EOP-001 require evidence of this 

consideration.

3 INT-004 693 P 843

“Consider adding levels of non-compliance

to the standard.” (NERC Reference No.

10134)

NERC replaced levels of non-compliance

with VSLs. VSLs for INT-004 have been 

developed and approved by the Commission.

4 INT-005 693 P 848

“Consider adding levels of non-compliance

to the standard.” (NERC Reference No.

10135)

NERC replaced levels of non-compliance

with VSLs. VSLs for INT-005 have been 

developed and approved by the Commission.
Docket No. RM13-8-000 26

# Standard Order No. Para Directive Justification

5

MOD-010 

through 

MOD-025

693 P 1147

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners and operators to 

provide to the Regional Entity the 

information related to data gathering, data 

maintenance, reliability assessments and 

other process-type functions.” (NERC 

Reference No. 10266)

The concern underlying the directive has been

addressed through section 1600 (Requests for 

Data or Information) of NERC’s Rules of 

Procedure. The Commission approved 

Section 1600 of NERC’s Rules on February

21, 2008.

6 MOD-010 693 P 1152

“Address critical energy infrastructure

confidentiality issues as part of the standard 

development process.” (NERC Reference 

No. 10268)

This directive is no longer necessary in light

of section 1500 (Confidential Information) of 

NERC's Rules of Procedure addressing 

treatment of confidential information.

7 MOD-010 693 P 1163

“Direct the ERO to develop a Work Plan

that will facilitate ongoing collection of the 

steady-state modeling and simulation data 

specified in MOD-011-0.” (NERC 

Reference No. 10270)

The concern underlying the directive has been

addressed through NERC’s Reliability 

Standards Development Plan: 2013-2015. 

This plan was provided to the Commission in 

an informational filing on December 31,

2012. It contains an action plan to merge, 

upgrade, and expand existing requirements in 

the modeling data (MOD-010 through MOD015) and demand data (MOD-016 through

MOD-021) Reliability Standards.
Docket No. RM13-8-000 27

# Standard Order No. Para Directive Justification

8 PRC-017 693 P 1546

“Require documentation identified in

Requirement R2 be routinely provided to 

NERC or the regional entity that includes a 

requirement that documentation identified in 

Requirement R2 shall be routinely provided 

to the ERO.” (NERC Reference No. 10363)

Requirement R2 of PRC-017 already requires

affected entities to provide documentation of 

the special protection system program and its 

implementation to the appropriate Regional 

Reliability Organization and NERC within 30 

calendar days of a request. If either the 

Regional Entity or NERC determine that they 

need and will use the information on a regular 

schedule, they have the authority to establish a 

schedule under the current requirement.

9 Glossary 693 P 1895

“Modification to the glossary that enhances

the definition of “generator operator” to 

reflect concerns of the commenters ["to 

include aspects unique to ISOs, RTOs and 

pooled resource organizations"].” (NERC 

Reference No. 10005)

The concern underlying the directive has been

addressed through the NERC registration 

process. See Order No. 693 at P 145.

10 Glossary 693 P 1895

“Modification to the glossary that enhances

the definition of “transmission operator” to 

reflect concerns of the commenters ["to 

include aspects unique to ISOs, RTOs and 

pooled resource organizations"].” (NERC 

Reference No. 10006)

The concern underlying the directive has been

addressed through the NERC registration 

process. See Order No. 693 at P 145.
Docket No. RM13-8-000 28

# Standard Order No. Para Directive Justification

Group B - The outstanding directive provides general guidance for standards development rather than a specific directive

11 BAL-005 693 P 406

“The Commission understands that it may

be technically possible for DSM to meet 

equivalent requirements as conventional 

generators and expects the Reliability 

Standards development process to provide 

the qualifications they must meet to 

participate.” (NERC Reference No. 10033)

This paragraph is not a directive to change or

modify a standard.

12 BAL-006 693 P 438

“Examine the WECC time error correction

procedure as a possible guide... the 

Commission asks the ERO, when filing the 

new Reliability Standard, to explain how the 

new Reliability Standard satisfies the 

Commission’s concerns.” (NERC Reference 

No. 10037)

This paragraph is not a directive to change or

modify a standard.

13 COM-001 693 P 507

“Although we direct that the regional

reliability organization should not be the 

compliance monitor for NERCNet, we leave 

it to the ERO to determine whether it is the 

appropriate compliance monitor or if 

compliance should be monitored by the 

Regional Entities for NERCNet User 

Organizations.” (NERC Reference No.

10051)

This paragraph is not a directive to change or

modify a standard.
Docket No. RM13-8-000 29

# Standard Order No. Para Directive Justification

14 MOD-001 729 P 20

“We encourage the ERO to consider

Midwest ISO’s and Entegra’s comments 

when developing other modifications to the 

MOD Reliability Standards pursuant to the 

EROs Reliability Standards development 

procedure.” [See also P 198-199] (NERC 

Reference No. 10216)

This paragraph is not a directive to change or

modify a standard.

15

MOD -001, -

004, -008, -

028, -029, -

030

729 P 160

“In developing the modifications to the

MOD Reliability Standards directed in this 

Final Rule, the ERO should consider 

generator nameplate ratings and 

transmission line ratings including the 

comments raised by Entegra and ISO/RTO 

Council.” [Also see P 154] (NERC

Reference No. 10207)

This paragraph is not a directive to change or

modify a standard.

16 MOD-001 729 P 179

“The Commission directs the ERO to

consider Entegra’s request regarding more 

frequent updates for constrained facilities 

through its Reliability Standards 

development process.” (see Order No. 729 

at P 177 for Entegra's comments). (NERC 

Reference No. 10211)

This paragraph is not a directive to change or

modify a standard.
Docket No. RM13-8-000 30

# Standard Order No. Para Directive Justification

17 MOD-028 729 P 231

“The Commission directs the ERO to

develop a modification sub-requirement 

R2.2 pursuant to its Reliability Standards 

development process to clarify the phrase 

‘adjacent and beyond Reliability 

Coordination areas.’” (NERC Reference

No.

10219)

This paragraph clarifies the Commission's

understanding of the phrase "adjacent and 

beyond Reliability Coordination area." Since 

the Commission's understanding of the 

language is clearly expressed, and the matter 

has little impact on reliability, there is no 

reason to go forward with the directive.

18 MOD-028 729 P 234

“The Commission agrees that a graduated

time frame for reposting could be

reasonable in some situations. Accordingly, 

the ERO should consider this suggestion 

when making future modifications to the 

Reliability Standards.” (NERC Reference 

No. 10220)

This paragraph is not a directive to change or

modify a standard.

19 MOD-029 729 P 246

“The ERO should consider Puget Sound’s

concerns on this issue when making future 

modifications to the Reliability Standards.” 

[See also P 245] (NERC Reference No.

10222)

This paragraph is not a directive to change or

modify a standard.

20 MOD-030 729 P 269

“The Commission also directs the ERO to

make explicit such [effective date] detail in 

any future version of this or any other 

Reliability Standard.” (NERC Reference 

No. 10223)

This paragraph is not a directive to change or

modify a standard.
Docket No. RM13-8-000 31

# Standard Order No. Para Directive Justification

21 MOD-024 693 P 1310

“Similarly, we respond to Constellation that

any modification of the Levels of NonCompliance in this Reliability Standard 

should be reviewed in the ERO Reliability 

Standards development process.” (NERC 

Reference No. 10318)

This paragraph is not a directive to change or

modify a standard.

22 PER-002 693 P 1375

“Training programs for operations planning

and operations support staff must be tailored 

to the needs of the function, the tasks 

performed and personnel involved.” (NERC 

Reference No. 10329)

This paragraph is not a directive to change or

modify a standard.

23 VAR-001 693 P 1863

“The Commission expects that the

appropriate power factor range developed 

for the interface between the bulk electric 

system and the load-serving entity from

VAR-001-1 would be used as an input to the 

transmission and operations planning 

Reliability Standards.” (NERC Reference 

No. 10441)

This paragraph is not a directive to change or

modify a standard.

24 VAR-001 693 P 1869

“We recognize that our proposed

modification does not identify what 

definitive requirements the Reliability 

Standard should use for established limits 

and sufficient reactive resources.” (NERC 

Reference No. 10434)

This paragraph is not a directive to change or

modify a standard.
Docket No. RM13-8-000 32

# Standard Order No. Para Directive Justification

25 TPL and

FAC series 705 P 49

“Direct that any revised TPL Reliability

Standards must reflect consistency in the 

lists of contingencies.” (NERC Reference 

No. 10601)

This paragraph provides guidance on an ongoing 

implementation issue and is not a directive to

change or modify a standard.

Group C - The outstanding directive is redundant with another directive

26 MOD-012 693 P 1177

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners, and operators to 

provide to the Regional Entities the 

information related to data gathering, data 

maintenance, reliability assessments and 

other process type functions.” (NERC 

Reference No. 10275)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.

27 MOD-012 693 P 1177

“Develop a Work Plan and submit a

compliance filing that will facilitate ongoing 

collection of the dynamics system modeling 

and simulation data.” (NERC Reference No.

10279)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

28 MOD-012 693 P 1181

“Direct the ERO to address confidentiality

issues and modify the standard as necessary 

through its Reliability Standards 

development process.” (NERC Reference 

No. 10277)

This directive is redundant with the directive

in paragraph 1152, which has already been 

addressed and is reflected in section A above.
Docket No. RM13-8-000 33

# Standard Order No. Para Directive Justification

29 MOD-013 693 P 1200

“Direct the ERO to develop a Work Plan

that will facilitate ongoing collection of the 

dynamics system modeling and simulation 

data specified in MOD-013-1, and submit a 

compliance filing containing this Work Plan 

to the Commission.” (NERC Reference No.

10283)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

30 MOD-014 693 P 1212

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners and operators to 

provide the validated models to regional 

reliability organizations.” (NERC Reference

No. 10288)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.

31 MOD-014 693 P 1212

“Direct the ERO to develop a Work Plan

that will facilitate ongoing validation of 

steady-state models and submit a 

compliance filing containing the Work Plan 

with the Commission.” (NERC Reference

No. 10289)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

32 MOD-015 693 P 1221

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners and operators to 

provide to the Regional Entity the validated 

dynamics system models while MOD-015-0 

is being modified.” (NERC Reference No.

10291)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.
Docket No. RM13-8-000 34

# Standard Order No. Para Directive Justification

33 MOD-015 693 P 1221

“Require the ERO to develop a Work Plan

that will enable continual validation of 

dynamics system models and submit a 

compliance filing with the Commission.” 

(NERC Reference No. 10292)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

34 MOD-017 693 P 1247

“Provide a Work Plan and compliance filing

regarding the collection of information 

specified under standards that are deferred, 

in this instance, data on the accuracy, error 

and bias of the forecast.” (NERC Reference

No.10299)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

35 MOD-018 693 P 1264

“Require the ERO to provide a Work Plan

and compliance filing regarding collection 

of information specified under standards 

that are deferred, and believe there should 

be no difficulties complying with this 

Reliability Standard.” (NERC Reference 

No. 10303)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

36 MOD-019 693 P 1275

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners and operators to 

provide to the Regional Entity information 

related to forecasts of interruptible demands 

and direct control load management.” 

(NERC Reference No. 10305)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.
Docket No. RM13-8-000 35

# Standard Order No. Para Directive Justification

37 MOD-021 693 1297

“Direct the ERO to provide a Work Plan

and compliance filing regarding collection 

of information specified under related 

standards that are deferred, and believe

there should be no difficulty complying with 

this Reliability Standard.” (NERC

Reference No. 10309)

This directive is redundant with the directive

in paragraph 1163, which has already been 

addressed and is reflected in section A above.

38 MOD-021 693 P 1297

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners and operators to 

provide to the Regional Entity the 

information required by this Reliability 

Standard.” (NERC Reference No. 10313)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.

39 MOD-024 693 P 1308

“In order to continue verifying and reporting

gross and net real power generating 

capability needed for reliability assessment 

and future plans, we direct the ERO to 

develop a Work Plan and submit a 

compliance filing.” (NERC Reference No.

10317)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.

40 MOD-024 693 P 1312

“Direct the ERO to use its authority

pursuant to § 39.2(d) of our regulations to 

require users, owners and operators to 

provide this information.” (NERC

Reference No. 10314)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.
# Standard Order No. Para Directive Justification

41 MOD-025 693 P 1320

“In order to continue verifying and reporting

gross and net reactive power generating 

capability needed for reliability assessment 

and future plans, we direct the ERO to 

develop a Work Plan as defined in the 

Common Issues section.” (NERC Reference

No. 10321)

This directive is redundant with the directive

in paragraph 1147, which has already been 

addressed and is reflected in section A above.
Note: Attachment B will not appear in the Code of Federal Regulations.

Attachment B

Commenters on the Notice of Proposed Rulemaking

The American Public Power Association, Edison Electric Institute, Electricity Consumers 

Resource Council, Electric Power Supply Association, Large Public Power Council, and 

Transmission Access Policy Group (collectively, Trade Associations)

Canadian Electricity Association (CEA) 

Dominion Resources Services, Inc., on behalf of Virginia Electric and Power Company, 

doing business as Dominion Virginia Power; Dominion Nuclear Connecticut, Inc.; 

Dominion Energy Brayton Point, LLC; Dominion Energy Manchester Street, Inc.; 

Elwood Energy, LLC; Kincaid Generation, LLC; and Fairless Energy, LLC

International Transmission Company d/b/a ITCTransmission, Michigan Electric

Transmission Company, LLC, ITC Midwest LLC and ITC Great Plains, LLC (ITC)

ISO/RTO Council

National Rural Electric Cooperative Association (NRECA)

North American Electric Reliability Corporation (NERC)