13324 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

1See FERC, NERC, and Regional Entity Staff, The 

February 2021 Cold Weather Outages in Texas and 

the South Central United States, 19 (Nov. 16, 2021) 

(November 2021 Report), https://www.ferc.gov/ 

media/february-2021-cold-weather-outages-texasand-south-central-united-states-ferc-nerc-and; see 

also id. at 19 n.30 (‘‘‘Natural gas infrastructure’ 

refers to natural gas production, gathering, 

processing, intrastate and interstate pipelines, 

storage and other infrastructure used to move 

natural gas from wellhead to burner tip.’’). 

2 Id. at 18. 

3See id. at 6, 24, 41–43. 

4 16 U.S.C. 824o(c). 

5 Id. 824o(e). 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2088–068] 

South Feather Water and Power 

Agency; Notice of Technical 

Conference and Environmental Site 

Review 

Commission staff will hold an 

environmental site review (site review) 

on March 21, 2024, and a technical 

conference on March 22, 2024, on South 

Feather Water and Power Agency’s 

(licensee, SFWPA) proposed relicensing 

of the South Feather Power Project No. 

2088 (project). The project is located on 

the South Fork Feather River, Lost 

Creek, and Slate Creek, in Butte, Yuba, 

and Plumas Counties, California. 

All local, State, and Federal agencies, 

Tribes, non-governmental organizations, 

and other interested parties and 

individuals are invited to participate in 

the site review and/or technical 

conference. 

Environmental Site Review 

On Thursday, March 21, 2024, 

Commission staff and SFWPA will 

conduct an environmental site review 

(i.e., tour) of the project starting at 9 a.m. 

(Pacific standard time, PST) and ending 

by 4:30 p.m. (PST). 

The site review will primarily focus 

on project diversions and other facilities 

relevant to the technical conference (see 

below). All participants are responsible 

for their own transportation to and from 

the project and during the site review. 

Four-wheel drive or all-wheel drive 

vehicles with adequate ground 

clearance are necessary to traverse 

project roads. 

Interested participants must meet at 

SFWPA’s Power Division Headquarters 

located at: 5494 Forbestown Road, 

Forbestown, California 95941, where the 

site review will begin. Participants 

should arrive sufficiently early for 

coordination purposes, so that the site 

review may begin on time. Additionally, 

participants should wear sturdy, closedtoe shoes or boots, and dress seasonally 

appropriate for any potential weather. 

Please note that the project is located in 

a remote area with limited amenities or 

public restrooms; therefore, participants 

should prepare accordingly and bring 

water, snacks, etc. 

Technical Conference 

On Friday, March 22, 2024, from 10 

a.m. to 2 p.m. (PST), Commission staff 

will hold a technical conference. The 

technical conference will be located at 

SFWPA’s Water Division Headquarters 

located at: 2310 Oro-Quincy Hwy, 

Oroville, California 95966. 

The purpose of the technical 

conference is to discuss potential 

project effects on federally listed species 

including the threatened North Feather 

distinct population of the foothill 

yellow-legged frog (FYLF). Discussions 

to inform staff’s environmental analysis 

will include the following items: (1) 

results of FYLF surveys in projectaffected reaches; (2) the timing and 

magnitude of flow fluctuations resulting 

from current project operations; (3) 

potential measures to minimize effects 

of flow fluctuations during the FYLF 

reproductive season; (4) the feasibility 

of implementing potential interim 

ramping rates with existing 

infrastructure; and (5) the limitations of 

any potential ramping rates to protect 

FYLF populations. 

The technical conference will be 

recorded by an independent 

stenographer. Transcripts of the 

technical conference will be placed on 

the public record for the project and 

will be available to view on the 

Commission’s website (http://

www.ferc.gov), using the ‘‘eLibrary’’ 

link. 

If you are interested in attending or 

have questions regarding the 

environmental site review or technical 

conference, please RSVP Kristen 

McKillop with SFWPA at kmckillop@

southfeather.com or (530) 532–1348 on 

or before March 14, 2024. 

For questions on procedural matters 

related to relicensing the South Feather 

Power Project, you may contact Quinn 

Emmering, the Commission’s 

relicensing coordinator for the project, 

at (202) 502–6382 or Quinn.Emmering@

ferc.gov. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: February 15, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–03611 Filed 2–21–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RD24–1–000] 

North American Electric Reliability 

Corporation; Order Approving Extreme 

Cold Weather Reliability Standards 

EOP–011–4 and TOP–002–5 

1. On October 30, 2023, the North 

American Electric Reliability 

Corporation (NERC), the Commissioncertified Electric Reliability 

Organization (ERO), submitted a 

petition seeking approval of proposed 

Reliability Standards EOP–011–4 

(Emergency Operations) and TOP–002– 

5 (Operations Planning). As discussed 

in this order, we approve proposed 

Reliability Standards EOP–011–4 and 

TOP–002–5 and their associated 

violation risk factors and violation 

severity levels. 

2. It is essential to the reliable 

operation of the Bulk-Power System to 

protect critical natural gas infrastructure 

loads that serve gas-fired generation.1

As the November 2021 Report found, 

natural gas fuel issues were the second 

largest cause of generation outages 

during Winter Storm Uri.2 Proposed 

Reliability Standards EOP–011–4 and 

TOP–002–5 address the concerns raised 

by the November 2021 Report.3

Accordingly, we approve proposed 

Reliability Standards EOP–011–4 and 

TOP–002–5 as just, reasonable, not 

unduly discriminatory or preferential, 

and in the public interest. 

I. Background 

A. Section 215 and Mandatory 

Reliability Standards 

3. Section 215 of the FPA provides 

that the Commission may certify an 

ERO, the purpose of which is to develop 

mandatory and enforceable Reliability 

Standards, subject to Commission 

review and approval.4 Reliability 

Standards may be enforced by the ERO, 

subject to Commission oversight, or by 

the Commission independently.5

Pursuant to section 215 of the FPA, the 


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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13325 

6Rules Concerning Certification of the Elec. 

Reliability Org.; and Procs for the Establishment, 

Approval, & Enforcement of Elec. Reliability 

Standards, Order No. 672, 114 FERC ¶ 61,104, order 

on reh’g, Order No. 672–A, 114 FERC ¶ 61,328 

(2006). 

7N. Am. Elec. 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). 

8See November 2021 Report at 9. 

9 Id. 

10 Id. at 184–212 (Key recommendations 1a 

through 1j). 

11FERC and NERC Staff, The South Central 

United States Cold Weather Bulk Electric System 

Event of January 17, 2018, 89 (July 2019), https:// 

www.ferc.gov/sites/default/files/2020-05/07-18-19- 

ferc-nerc-report_0.pdf. 

12See generally N. Am. Elec. Reliability Corp., 

176 FERC ¶ 61,119 (2021) (noting that the 

Reliability Standards become enforceable on April 

1, 2023). 

13 Id. 

14 Id. 

15NERC, Petition, Docket No. RD23–1–000, at 1– 

2 (filed Oct. 28, 2022). 

16See N. Am. Elec. Reliability Corp., 182 FERC 

¶ 61,094, at PP 3–11 (February 2023 Order), order 

on reh’g, 183 FERC ¶ 61,222 (2023). 

17The proposed Reliability Standards are not 

attached to this order. The proposed Reliability 

Standards are available on the Commission’s 

eLibrary document retrieval system in Docket No. 

RD24–1–000 and on the NERC website, https://

www.nerc.com. 

18NERC Petition at 1–2, 48, 54 (stating that, in the 

alternative, should Reliability Standard EOP–011– 

2 be in effect at the time of proposed Reliability 

Standard EOP–011–4’s approval, then NERC seeks 

retirement of EOP–011–2). 

19 Id. at 1–2. 

20 Id. at 6; see also November 2021 Report at 190– 

91, 208–09 (Key Recommendations 1g, 1h, and 1i). 

21NERC Petition at 21–22, 51. 

22 Id. at 26–27. 

23See id. at 27 (citing the November 2021 Report 

at 208–09). 

24Reliability Standard EOP–011–3, Requirements 

R3, R4, and R5 are unchanged from the approved 

version. See N. Am. Elec. Reliability Corp., 176 

FERC ¶ 61,119 (approving Reliability Standard 

EOP–011–2). 

25The applicability section of Reliability 

Standard EOP–011–3 identifies only balancing 

authorities, reliability coordinators, and 

transmission operators as the applicable entities. 

Commission established a process to 

select and certify an ERO,6 and 

subsequently certified NERC.7

B. The February 2021 Cold Weather 

Reliability Event 

4. On February 16, 2021, the 

Commission, NERC, and Regional Entity 

staff initiated a joint inquiry into the 

circumstances surrounding a February 

2021 cold weather reliability event that 

affected Texas and the South Central 

United States that culminated in a 

report identifying, among other things, 

recommendations for Reliability 

Standard improvements.8 The 

November 2021 Report found that the 

February 2021 cold weather reliability 

event was the largest controlled firm 

load shed event in U.S. history; over 4.5 

million people lost power and at least 

210 people lost their lives.9 The 

November 2021 Report provided an 

assessment of the event as well as 

recommendations including, inter alia, 

Reliability Standard enhancements to 

improve extreme cold weather 

operations, preparedness, and 

coordination.10

5. After the February 2021 cold 

weather reliability event and before the 

November 2021 Report was issued, 

NERC filed a petition for approval of 

cold weather Reliability Standards 

addressing recommendations from a 

2018 cold weather event report.11 In 

August 2021, the Commission approved 

NERC’s modifications to Reliability 

Standards EOP–011–2 (Emergency 

Preparedness and Operations), IRO– 

010–4 (Reliability Coordinator Data 

Specification and Collection), and TOP– 

003–5 (Operational Reliability Data).12

Reliability Standards IRO–010–4 and 

TOP–003–5 require that reliability 

coordinators, transmission operators, 

and balancing authorities develop, 

maintain, and share generator cold 

weather data.13 Reliability Standard 

EOP–011–2 requires generator owners to 

have generating unit cold weather 

preparedness plans and generator 

owners and generator operators to 

provide training for implementing the 

cold weather preparedness plans.14

6. On October 28, 2022, NERC filed a 

petition seeking approval, on an 

expedited basis, of Reliability Standards 

EOP–011–3 (Emergency Operations) and 

EOP–012–1 (Extreme Cold Weather 

Preparedness and Operations), the 

Reliability Standards’ associated 

violation risk factors and violation 

severity levels, three newly-defined 

terms (Extreme Cold Weather 

Temperature, Generator Cold Weather 

Critical Component, and Generator Cold 

Weather Reliability Event), NERC’s 

proposed implementation plan, and the 

retirement of Reliability Standard EOP– 

011–2.15 On February 16, 2023, the 

Commission approved Reliability 

Standards EOP–011–3 and EOP–012–1, 

and also directed NERC to develop and 

submit modifications to Reliability 

Standard EOP–012–1 and to submit a 

plan on how NERC will collect and 

assess data surrounding the 

implementation of Reliability Standard 

EOP–012–1.16

C. NERC’s Petition and Proposed 

Reliability Standards EOP–011–4 and 

TOP–002–5 

7. On October 30, 2023, NERC filed a 

petition seeking approval on an 

expedited basis of proposed Reliability 

Standards EOP–011–4 and TOP–002– 

5,17 the Reliability Standards’ associated 

violation risk factors and violation 

severity levels, NERC’s proposed 

implementation plan, and the 

retirement of currently approved EOP– 

011–3 and TOP–002–4.18 NERC 

explains that proposed Reliability 

Standards EOP–011–4 and TOP–002–5 

build on the 2021 and 2023-approved 

cold weather Reliability Standards, 

further reducing the risks posed by 

extreme cold weather to the reliability 

of the Bulk-Power System.19 NERC 

maintains that proposed Reliability 

Standards EOP–011–4 and TOP–002–5 

are consistent with key 

recommendations from the November 

2021 Report.20

8. NERC explains that it adopted a 

two-phase standard development 

project to develop, draft, and revise the 

extreme cold weather Reliability 

Standards in accordance with the 

November 2021 Report due to the 

extensive scope and demonstrated 

urgency of new and improved cold 

weather Reliability Standards. NERC 

states that its October 30, 2023, petition 

represents the portions of its phase two 

standard development project 

pertaining to Key Recommendations 1g, 

1h, and 1i.21

9. NERC states that proposed 

Reliability Standard EOP–011–4 

advances reliability by requiring 

transmission operators to consider the 

impacts of load shedding during 

emergency conditions on the natural gas 

infrastructure that fuels a significant 

portion of bulk electric system 

generation.22 NERC explains that the 

purpose of proposed Reliability 

Standard EOP–011–4 is unchanged from 

EOP–011–3, and is to ensure that each 

transmission operator and balancing 

authority implements plans to mitigate 

operating emergencies and that such 

plans are coordinated within the 

reliability coordinator area. According 

to NERC, proposed Reliability Standard 

EOP–011–4 addresses Key 

Recommendation 1h and 1i from the 

November 2021 Report.23

10. NERC proposes to modify the 

approved, but not yet effective, 

Reliability Standard EOP–011–3 in 

multiple ways.24 First, NERC proposes 

to add distribution providers, 

Underfrequency Load Shed (UFLS)-only 

distribution providers, and transmission 

owners to the list of applicable entities 

that must comply with the Reliability 

Standard EOP–011–4.25 Second, under 

proposed Reliability Standard EOP– 

011–4, each transmission operator will 

be required to include operating plan 


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13326 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

26NERC Petition at 30–31; see also id. Ex. C–1 at 

5. 

27 Id. at 39. 

28 Id. 

29 Id. at 35. 

30 Id. at 35–36. 

31See id. at 41–42 (citing the November 2021 

Report at 190–91, which states that key 

recommendation 1g proposes enhancements to 

Reliability Standard TOP–003 to provide greater 

specificity about the relative roles of the generator 

owner, generator operator, and balancing authority 

in determining the generating unit capacity that can 

be relied upon during ‘‘local forecasted cold 

weather’’). 

32Proposed Reliability Standard TOP–002–5, 

Requirements R1, R2, R3, R4, R5, R6, and R7 are 

unchanged from the mandatory and enforceable 

version, Reliability Standard TOP–002–4. 

33NERC defines the term ‘‘operating process’’ as 

a ‘‘document that identifies general steps for 

achieving a generic operating goal. An operating 

process includes steps with options that may be 

selected depending upon Real-time 

conditions. . . .’’ NERC, Glossary of Terms Used in 

NERC Reliability Standards, 21 (Dec. 2023), https:// 

www.nerc.com/pa/Stand/GlossaryofTerms/ 

Glossary_of_Terms.pdf. 

34NERC Petition at 43–48. 

35See id. at Ex. B at 2–4; see also id. at 49 n.96 

(observing that transmission operators will be 

required to comply with proposed Reliability 

Standard EOP–011–4 Requirement R7 and perform 

their first annual identification and notification to 

newly applicable entities by the effective date of the 

Reliability Standard). 

36Proposed Reliability Standard EOP–011–4 

Requirements R1, Part 1.2.5 (transmission operator), 

Requirement R2 Part 2.2.8 and Part 2.2.9 (balancing 

authority). 

37NERC Petition at 48–49. 

38 Id. at 50. 

39 Id. at 53. 

provisions that identify and prioritize 

designated critical natural gas 

infrastructure loads that are ‘‘essential 

to the reliability of the bulk electric 

system.’’ 26 Third, balancing authorities 

must develop, maintain, and implement 

one or more reliability coordinatorreviewed operating plans with 

provisions for excluding critical natural 

gas infrastructure loads that are 

essential to the reliability of the bulk 

electric system as interruptible load, 

curtailable load, and demand response 

during extreme cold weather periods 

within each balancing authority area.27

11. Proposed Reliability Standard 

EOP–011–4 Requirement R1 would also 

require that transmission operators 

implement operator-controlled manual 

load shed, Undervoltage Load Shed 

(UVLS), or UFLS in operating plans.28

Proposed Requirement R7 requires 

transmission operators to annually 

identify and notify distribution 

providers, UFLS-only distribution 

providers, and transmission owners that 

that they are required to assist with the 

mitigation of operating emergencies in 

its transmission operator area.29 Finally, 

proposed Requirement R8 states that 

each distribution provider, UFLS-only 

distribution provider, and transmission 

owner notified by a transmission 

operator per proposed Requirement R7 

to assist with the mitigation of operating 

emergencies must develop, maintain, 

and implement a load shedding plan.30

12. NERC also requests approval of 

proposed Reliability Standard TOP– 

002–5 to provide greater specificity 

regarding the balancing authority’s 

responsibilities in extreme cold 

weather. According to NERC, this 

proposed Reliability Standard would 

address parts of Key Recommendation 

1g of the November 2021 Report.31

13. According to NERC, proposed 

Reliability Standard TOP–002–5 is 

unchanged from the prior version 

except for the addition of one new 

requirement, Requirement R8.32

Proposed Requirement R8 would 

require each balancing authority to have 

an operating process 33 for extreme cold 

weather that includes: (1) a 

methodology for identifying ‘‘extreme 

cold weather conditions’’ in the area; (2) 

a methodology for determining an 

appropriate extreme cold weather 

reserve margin for the area, considering 

the types of operating limitations that 

have been known to limit resource 

availability in cold weather; and (3) a 

methodology for determining a five-day 

hourly forecast that accounts for all 

relevant operational considerations, 

including resource availability, demand, 

reserve requirements, and forecasted 

weather.34

14. NERC requests that the 

Commission approve the proposed 

violation risk factors and violation 

severity levels for proposed Reliability 

Standards EOP–011–4 and TOP–002–5. 

Further, NERC proposes an effective 

date for proposed Reliability Standard 

EOP–011–4 beginning on the first day of 

the first calendar quarter that is six 

months following regulatory approval.35

Once identified and notified to assist by 

their transmission operators pursuant to 

proposed Requirement R7, the newly 

applicable entities (distribution 

providers, UFLS-only distribution 

providers, and transmission owners) 

will have 30 months to develop a load 

shedding plan pursuant to proposed 

Requirement R8. Transmission 

operators and balancing authorities 

would also have 30 months from the 

effective date of proposed Reliability 

Standard EOP–011–4 to comply with 

the revised provisions specific to UFLS, 

UVLS, and critical gas infrastructure 

loads.36 NERC also requests that the 

Commission approve the retirement of 

Reliability Standard EOP–011–3 

immediately prior to the effective date 

of Reliability Standard EOP–011–4; or, 

of Reliability Standard EOP–011–2 if it 

is the version of EOP–011 in effect at the 

time that proposed Reliability Standard 

EOP–011–4 becomes effective. NERC 

explains that this proposed 

implementation plan is necessary given 

the large amount of interaction that will 

be required between the applicable 

entities and natural gas entities to 

identify critical natural gas 

infrastructure loads and account for 

them as required in manual shedding 

and underfrequency and undervoltage 

load shedding schemes.37

15. NERC proposes an effective date 

for proposed Reliability Standard TOP– 

002–5 beginning on the first day of the 

first calendar quarter that is 18 months 

following regulatory approval. NERC 

requests that the Commission approve 

the retirement of Reliability Standard 

TOP–002–4 immediately prior to the 

effective date of Reliability Standard 

TOP–002–5. NERC states that the 

proposed implementation plan reflects 

consideration of the time needed to 

develop an extreme cold weather 

operating process, with the required 

methodologies reflecting the minimum 

cold weather reliability considerations 

identified in proposed Requirement 

R8.38

16. Finally, NERC requests that the 

Commission approve the proposed 

Reliability Standards in an expedited 

manner. NERC explains that, among 

other things, expedited approval would 

provide regulatory certainty to entities 

seeking to implement the proposed 

Reliability Standards ahead of the 

mandatory and enforceable dates.39

II. Notice of Filing and Responsive 

Pleadings 

17. Notice of NERC’s October 30, 

2023, petition was published in the 

Federal Register, 88 FR 76,201 (Nov. 6, 

2023), with comments, protests, and 

motions to intervene due on or before 

November 30, 2023. 

18. There were no comments or 

protests. Ameren Service Company, as 

an agent for Union Electric Company, 

filed a motion to intervene. 

III. Determination 

A. Procedural Matters 

19. Pursuant to Rule 214 of the 

Commission’s Rules of Practice and 

Procedure, 18 CFR 385.214 (2023), the 

timely, unopposed motions to intervene 

serve to make the entities that filed 

them parties to this proceeding. 

B. Substantive Matters 

20. Pursuant to section 215(d)(2) of 

the FPA, we approve proposed 

Reliability Standards EOP–011–4 and 


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40See November 2021 Report at 190–91, 208–09. 

41NERC states that it will submit a revised EOP– 

012 Reliability Standard, specifically, Reliability 

Standard EOP–012–2, by the Commission’s 

February 2024 deadline. See NERC Petition at 21, 

51. 

42See February 2023 Order, 182 FERC ¶ 61,094 at 

PP 5, 59. 

43Reliability Standard EOP–011–4, Requirement 

R1, Part 1.2.5.5. 

44 Id., Requirement R8, Part 8.1.5. 

45See NERC Petition at 32–33 (stating that one 

method for identifying such loads may include 

distributing criteria to natural gas infrastructure 

entities to identify the critical facilities that would 

likely affect bulk electric system reliability 

adversely if de-energized). 

46 44 U.S.C. 3507(d). 

47 5 CFR 1320 (2023). 

TOP–002–5 as just, reasonable, not 

unduly discriminatory or preferential, 

and in the public interest. We also 

approve the proposed Reliability 

Standards’ associated violation risk 

factors and violation severity levels, 

proposed Reliability Standard TOP– 

002–5 implementation plan, and the 

retirement of currently effective 

Reliability Standard TOP–002–4. We 

agree with NERC that the proposed 

modifications to the Reliability 

Standards are consistent with and 

respond to Key Recommendations 1g, 

1h, and 1i from the November 2021 

Report.40 Given the importance of these 

revised Reliability Standards to 

maintaining the reliable operation of the 

Bulk-Power System, we strongly 

encourage entities that are capable of 

complying earlier than the mandatory 

and enforceable date to do so. 

21. We defer our decision on whether 

to approve or modify NERC’s proposed 

implementation plan for proposed 

Reliability Standard EOP–011–4 (and 

the proposed retirement of Reliability 

Standard EOP–011–2) until NERC 

submits the revised applicability section 

for Reliability Standard EOP–012–1.41

As mentioned in the Commission’s 

February 2023 Order,42 allowing 

Reliability Standard EOP–011–2 

requirements to remain mandatory and 

enforceable until such time as the 

revised applicability is effective for 

Reliability Standard EOP–012–1 will 

ensure all bulk electric system 

generating units are required to 

maintain cold weather preparedness 

plans and associated trainings. 

22. We find that proposed Reliability 

Standard EOP–011–4 materially 

improves the reliable operation of the 

Bulk-Power System, is an improvement 

over the 2021 and 2023-approved cold 

weather Reliability Standards, and 

enhances reliability by requiring 

balancing authorities, transmission 

operators, and load shedding entities to 

account for critical natural gas 

infrastructure loads in the demand 

response and emergency load shedding 

programs they oversee. Doing so will 

help ensure that deploying these 

programs in extreme cold weather 

conditions will not exacerbate natural 

gas fuel supply issues, which could 

constrain generating unit capacity and 

thereby threaten the reliable operation 

of the Bulk-Power System. Accordingly, 

we approve Reliability Standard EOP– 

011–4 as proposed. 

23. Under Reliability Standard EOP– 

011–4, Requirement R1, each 

transmission operator must include 

provisions in its operating plan(s) for 

the identification of designated critical 

natural gas infrastructure loads that are 

essential to the reliability of the bulk 

electric system.43 This Reliability 

Standard also requires that each 

distribution provider, UFLS-only 

distribution provider, and transmission 

owner include provisions in its load 

shedding plan(s) for the identification of 

designated critical natural gas 

infrastructure loads that are ‘‘essential 

to the reliability of the bulk electric 

system.’’ 44 While Reliability Standard 

EOP–011–4 employs a flexible approach 

for the above entities to identify critical 

natural gas infrastructure loads, this 

Reliability Standard may require 

coordination and communication 

between electric and natural gas entities 

pertaining to extreme cold weather 

beyond what has historically 

occurred.45 As such, we strongly 

encourage the electric and natural gas 

entities that play a role in these 

Reliability Standards to voluntarily 

begin enhancing their coordination and 

communication this winter season, prior 

to the Reliability Standard’s mandatory 

and enforceable effective date. 

24. We find that proposed Reliability 

Standard TOP–002–5 materially 

improves the reliable operation of the 

Bulk-Power System, represents an 

improvement to the existing Reliability 

Standards, and enhances reliability by 

requiring that balancing authorities have 

comprehensive operating processes for 

extreme cold weather periods in their 

areas. Proposed Reliability Standard 

TOP–002–5 also requires each balancing 

authority to notify the entities identified 

in these operating plans of their 

respective roles and to provide the 

operating plans to its reliability 

coordinator for visibility. Proposed 

Reliability Standard TOP–002–5 

recognizes that there have been several 

past extreme cold weather events where 

load and resource balancing issues have 

occurred due to unexpected generator 

trips and higher loads than forecasted. 

Proposed Requirement R8 formalizes 

the balancing authority’s process to 

review and respond to oncoming 

conditions that may affect generation 

availability and capability, to forecast 

load, and to determine whether 

additional capability or reserves should 

be ready to serve loads during extreme 

cold weather. These changes will be 

beneficial by providing greater 

specificity about the relative roles of 

generators and the balancing authority 

in preparing for reliable cold weather 

operations. Accordingly, we approve 

Reliability Standard TOP–002–5 as 

proposed. 

IV. Information Collection Statement 

25. The information collection 

requirements contained in this Order 

are subject to review by the Office of 

Management and Budget (OMB) under 

section 3507(d) of the Paperwork 

Reduction Act of 1995.46 OMB’s 

regulations require approval of certain 

information collection requirements 

imposed by agency rules.47 Upon 

approval of a collection of information, 

OMB will assign an OMB control 

number and expiration date. Comments 

on the collection of information are due 

within 60 days of the date this order is 

published in the Federal Register. 

Respondents subject to the filing 

requirements of this rule will not be 

penalized for failing to respond to these 

collections of information unless the 

collections of information display a 

valid OMB control number. 

26. The Commission solicits 

comments on the Commission’s need for 

this information, whether the 

information will have practical utility, 

the accuracy of the burden estimates, 

ways to enhance the quality, utility, and 

clarity of the information to be collected 

or retained, and any suggested methods 

for minimizing respondents’ burden, 

including the use of automated 

information techniques. 

27. The EOP Reliability Standards are 

currently located in the FERC–725S 

(OMB Control No. 1902–0270) 

collection. The collection is currently 

approved by OMB and contains 

Reliability Standards EOP–010–1, EOP– 

011–2, EOP–004–4, EOP–005–3, EOP– 

006–3, EOP–008–2, and EOP–012–1. 

There is one Reliability Standard that is 

being updated within the FERC–725S 

due to the revisions in Docket No. 

RD24–1–000: Reliability Standard EOP– 

011–4. The currently approved 

Reliability Standard is EOP–011–3, 

which is being replaced by Reliability 

Standard EOP–011–4 (Table 1). 

28. The TOP Reliability Standards are 

currently located in FERC–725A (OMB 

Control No. 1902–0270) collection. This 


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13328 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

48TOP = Transmission Operator, BA = Balancing 

Authority, RC = Reliability Coordinator, UFLS-Only 

DP = Underfrequency Load Shed-Only Distribution 

Provider, DP = Distribution Provider, and TO = 

Transmission Owner. 

49The estimated hourly cost (salary plus benefits) 

is a combination based on the Bureau of Labor 

Statistics (BLS), as of 2023, for 75% of the average 

of an Electrical Engineer (17–2071)¥$77.29, 

mechanical engineers (17–2141)¥$87.38. $77.29 + 

$87.38/2 = 82.335 × .75 = 54.303 ($61.75 rounded) 

($61.75/hour) and 25% of an Information and 

Record Clerk (43–4199) $56.14 × .25% = 14.035 

($14.04 rounded) ($14.04/hour), for a total ($61.75 

+ $14.04 = $75.79/hour). 

collection is currently approved by 

OMB and contains Reliability Standards 

TOP–001–4, TOP–002–4, TOP–003–4, 

FAC–008–5, FAC–003–2, and 

‘‘Mandatory Reliability Standards’’ 

recordkeeping and reporting. There are 

six information collections within the 

FERC–725A that will remain unchanged 

from the revisions in Docket No. RD24– 

1–000. These six collections include the 

Reliability Standards: TOP–001–4, 

TOP–003–4, FAC–008–5, FAC–003–2, 

and ‘‘Mandatory Reliability Standards’’ 

recordkeeping and reporting. There is 

one Reliability Standard being updated 

within the FERC–725A due to revisions 

in Docket No. RD24–1–000: Reliability 

Standard TOP–002–4, which is being 

replaced by Reliability Standard TOP– 

002–5 (Table 2). 

29. The number of respondents below 

is based on an estimate of the NERC 

compliance registry for balancing 

authorities, transmission operators, 

reliability coordinators, transmission 

owners, distribution providers and 

UFLS-Only distribution providers. 

Reliability Standard EOP–011–4 applies 

to balancing authorities, transmission 

operators, reliability coordinators, 

transmission owners, distribution 

providers and UFLS-Only distribution 

providers. Reliability Standard TOP– 

002–5 applies to transmission operators 

and balancing authorities, for this 

estimate new Requirement R8 applies to 

the balancing authorities. The 

Commission based its paperwork 

burden estimates on the NERC 

compliance registry as of December 15, 

2023. According to the registry there are 

98 balancing authorities, 165 

transmission operators, and 12 

reliability coordinators. The estimates in 

the tables below are based on the change 

in burden from the Reliability Standards 

approved in this order. The Commission 

based the burden estimates in the tables 

below on staff experience, knowledge, 

and expertise. 

30. Public Reporting Burden: The 

estimated costs and burden for the 

revisions in Docket No. RD24–1–000 are 

shown in the tables below. 

TABLE 1—PROPOSED CHANGES TO FERC 725S DUE TO MODIFICATIONS IN DOCKET NO. RD24–1–000 

Reliability standard & requirement Type 48 and 

number of entity 

Number of 

annual 

responses 

per entity 

Total number 

of responses 

Average number of burden 

hours per response 49 Total burden hours 

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) 

FERC–725S—Proposed estimates due to RD24–1 for EOP–011–4 

One Time Estimate—Years 1 and 2 in EOP–011–4 

EOP–011–4 ................................................ 165 (TOP) .................. 1 165 .................... 40 hrs., $3,031.60 .............. 6,600 hrs., $500,214.00. 

EOP–011–4 ................................................ 98 (BA) ...................... 1 98 ...................... 20 hrs., $1,515.80 .............. 1,960 hrs., $148,548.40. 

EOP–011–4 ................................................ 12 (RC) ...................... 1 12 ...................... 20 hrs., $1,515.80 .............. 240 hrs., $18,189.60. 

EOP–011–4 ................................................ 72 (UFLS-Only DP) ... 1 72 ...................... 40 hrs., $3,031.60 .............. 2,880 hrs., $218,275.20. 

EOP–011–4 ................................................ 300 (DP) .................... 1 300 .................... 40 hrs., $3,031.60 .............. 12,000 hrs., $909,480.00. 

EOP–011–4 ................................................ 324 (TO) .................... 1 324 .................... 40 hrs., $3,031.60 .............. 12,960 hrs., $982,238.40. 

Sub-total of EOP–011–4 (One time) ... .................................... ........................ 971 .................... ............................................. 36,640 hrs., $2,776,945.60. 

Annualized One-Time Costs (average cost 

per year is calculated by the sub-total divided by 3).

.................................... ........................ 323.67 (rounded) ............................................. 12,213 hrs. (rounded), 

$925,623.27. 

Ongoing Estimate—Year 3 ongoing EOP–011–4 

EOP–011–4 ................................................ 165 (TOP) .................. 1 165 .................... 20 hrs., $1,515.80 .............. 3,300 hrs., $250,107.00. 

EOP–011–4 ................................................ 98 (BA) ...................... 1 98 ...................... 4 hrs., $303.16 ................... 392 hrs., $29,709.68. 

EOP–011–4 ................................................ 12 (RC) ...................... 1 12 ...................... 4 hrs., $303.16 ................... 48 hrs., $3,637.92. 

EOP–011–4 ................................................ 72 (UFLS-Only DP) ... 1 72 ...................... 10 hrs., $757.90 ................. 720 hrs., $54,568.80. 

EOP–011–4 ................................................ 300 (DP) .................... 1 300 .................... 10 hrs., $757.90 ................. 3,000 hrs., $227,370.00. 

EOP–011–4 ................................................ 324 (TO) .................... 1 324 .................... 10 hrs., $757.90 ................. 3,240 hrs., $245,559.60. 

Sub-Total of EOP–011–4 (ongoing) .... .................................... ........................ 971 .................... ............................................. 10,700, $810,953.00 

Sub-Total of ongoing burden averaged 

over three years.

.................................... ........................ 323.67 (rounded) ............................................. 3,566.67 hrs. (rounded), 

$270,317.92. 

Proposed Total Annual Burden Estimate of 

EOP–011–4 (one-time plus ongoing).

.................................... ........................ 647.34 ............... ............................................. 15,779.67 hrs., 

$1,195,941.19 (rounded). 


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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13329 

50BA = Balancing Authority. 

51The estimated hourly cost (salary plus benefits) 

is a combination based on the Bureau of Labor 

Statistics (BLS), as of 2023, for 75% of the average 

of an Electrical Engineer (17–2071)¥$77.29, 

mechanical engineers (17–2141)¥$87.38. $77.29 + 

$87.38/2 = 82.335 × .75 = 54.303 ($61.75 rounded) 

($61.75/hour) and 25% of an Information and 

Record Clerk (43–4199) $56.14 × .25% = 14.035 

($14.04 rounded) ($14.04/hour), for a total 

($61.75+$14.04 = $75.79/hour). 

52This collection is currently pending at OMB for 

an unrelated matter. 

53Reguls. Implementing the Nat’l Env’t Pol’y Act, 

Order No. 486, FERC Stats. & Regs. ¶ 30,783 (1987) 

(cross-referenced at 41 FERC ¶ 61,284). 

TABLE 2—PROPOSED CHANGES TO FERC 725A DUE TO MODIFICATIONS IN DOCKET NO. RD24–1–000 

Requirement change 

Type 50 and 

number of 

respondents 

Annual 

number of 

responses per 

respondent 

Total number 

of responses 

Average burden & cost 

per response 51

Total annual burden hours & 

total annual cost 

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) 

FERC–725A—Proposed estimates due to RD24–1 

One Time Estimate—Years 1 and 2 in TOP–002–5 

TOP–002–5 ........................................................ 98 (BA) 1 98 .................... 40 hrs., $3,031.60 .................... 3,920 hrs., $297,096.80. 

Ongoing Estimate—Year 3 ongoing TOP–002–5 

TOP–002–5 ........................................................ 98 (BA) 1 98 .................... 20 hrs., $1,515.80 .................... 1,960 hrs., $148,548.40. 

Sub-Total of One-Time estimate for years 

1 and 2.

.................... ........................ 98 .................... 40 hrs., $3,031.60 .................... 3,920 hrs., $297,096.80. 

Sub-Total for Ongoing estimate of year 3 

and beyond.

.................... ........................ 98 .................... 20 hrs., $1,515.80 .................... 1,960 hrs., $148,548.40. 

Annualized one-time Total burden for years 1 

and 2 (one-time sub-total divided by 3).

.................... ........................ 32.67 (rounded) 13.33 hrs. (rounded), 

$1,010.28.

1,306.67 hrs., $99,032.52 

(rounded). 

Annualized ongoing total burden for years 3 

and beyond (ongoing sub-total divided by 3).

.................... ........................ 32.67 (rounded) 6.67 hrs., $505.52 (rounded) ... 653.33 hrs., $49,515.88 

(rounded). 

Annualized Total Burden Estimate of TOP– 

002–5.

.................... ........................ 65.34 ............... 20 hrs., $1,515.80 .................... 1,960 hrs., $148,548.40. 

Titles: FERC–725S (Mandatory 

Reliability Standards: Emergency 

Preparedness and Operations (EOP) 

Reliability Standards)); FERC–725A 

(Mandatory Reliability Standards for the 

Bulk-Power System). 

Action: Revision to Existing 

Collections of Information in FERC– 

725S and FERC–725A. 

OMB Control Nos: 1902–0270 (FERC 

725S); 1902–0244 (FERC–725A). 

Respondents: Business or other for 

profit, and not for profit institutions. 

Frequency of Responses: Annually. 

Necessity of the Information: 

Reliability Standards EOP–011–4 

(Emergency Operations) and TOP–002– 

5 (Operations Planning) are part of the 

implementation of the Congressional 

mandate of the Energy Policy Act of 

2005 to develop mandatory and 

enforceable Reliability Standards to 

better ensure the reliability of the 

nation’s Bulk-Power System. 

Specifically, the revised Reliability 

Standard EOP–011–4 addresses the 

effects of operating emergencies by 

ensuring that each transmission 

operator and balancing authority has 

developed plan(s) to mitigate operating 

emergencies and that those plans are 

implemented and coordinated within 

the reliability coordinator area. Further, 

revised Reliability Standard TOP–002–5 

ensures that transmission operators and 

balancing authorities have plans for 

operating within specified limits. 

Internal review: The Commission has 

reviewed the revised Reliability 

Standards and made a determination 

that its action is necessary to implement 

section 215 of the FPA. The 

Commission has assured itself, by 

means of its internal review, that there 

is specific, objective support for the 

burden estimates associated with the 

information requirements. 

a. Description of the Revision to 

FERC–725S: The FERC–725S (OMB 

Control No. 1902–0270) is an existing 

information collection that contains the 

requirements for the EOP–011–3 

Reliability Standard. As described in the 

Docket No. RD24–1–000 above, the 

Reliability Standard (EOP–011–3) is 

proposed to be retired and replaced by 

EOP–011–4. 

b. Description of the Revision to 

FERC–725A: The FERC–725A (OMB 

Control No. 1902–0244) is an existing 

information collection that contains the 

requirements for the TOP–002–4 

Reliability Standard.52 As described in 

Docket No. RD24–1–000 above, 

Reliability Standard TOP–002–4 is 

approved to be retired and replaced by 

TOP–002–5. 

31. Interested persons may obtain 

information on the reporting 

requirements by contacting the Federal 

Energy Regulatory Commission, Office 

of the Executive Director, 888 First 

Street NE, Washington, DC 20426 

[Attention: Jean Sonneman, email: 

DataClearance@ferc.gov, phone: (202) 

502–8663, fax: (202) 273–0873]. 

32. Comments concerning the 

information collections and 

requirements approved for retirement in 

this order and the associated burden 

estimates, should be sent to the 

Commission (identified by Docket No. 

RD24–1–000), using the following 

methods: Electronic filing through 

https://www.ferc.gov is preferred. 

Electronic Filing should be filed in 

acceptable native applications and 

print-to-PDF, but not in scanned or 

picture format. For those unable to file 

electronically, comments may be filed 

by USPS mail or by hand (including 

courier) delivery: Mail via U.S. Postal 

Service Only: Addressed to: Federal 

Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE, Washington, DC 20426. Hand 

(including courier) delivery: Deliver to: 

Federal Energy Regulatory Commission, 

12225 Wilkins Avenue, Rockville, MD 

20852. 

V. Environmental Analysis 

33. 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.53 The Commission has 

categorically excluded certain actions 

from this requirement as not having a 

significant effect on the human 

environment. Included in the exclusion 


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13330 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

54 18 CFR 380.4(a)(2)(ii) (2023). 

1Order, 186 FERC ¶ 61,115, at P 20 (2024). 

2By my calculation, this would mean October 1, 

2024. 

3NERC, Petition, Docket No. RD24–1–000, 

Exhibit B ‘‘Implementation Plan’’ at 3 (filed Oct. 30, 

2023). 

4However, as discussed in the draft order, the 

actual effective date and implementation plan for 

EOP–011–4 hinges on NERC’s upcoming 

submission, and Commission approval, of a revised 

applicability section for EOP–012. If the 

Commission was to reject the revised applicability 

section of EOP–012, it is unclear to me when we 

can expect the requirements to EOP–011–4 (and the 

preceding, but also yet to be effective, EOP–011–3) 

to be implemented. 

5See FERC, NERC, and Regional Entity Staff, The 

February 2021 Cold Weather Outages in Texas and 

the South Central United States, 19 (Nov. 16, 2021) 

(November 2021 Report), https://www.ferc.gov/ 

media/february-2021-cold-weather-outages-texasand-south-central-united-states-ferc-nerc-and. 

6See, e.g., Transcript of the 1097th Meeting, 

FERC, at 21 (Jan. 19, 2023), https://www.ferc.gov/ 

media/transcript-january-2023-commission-meeting 

(‘‘I’m very pleased that we are directing a firm 15- 

month deadline for NERC to propose the 

standards. . . . The processes take time, but it is 

imperative that we get this important cybersecurity 

measure in place as quickly as it is feasible.’’); 

Transcript of the 1098th Meeting, FERC, at 23–24 

(Feb. 16, 2023), https://www.ferc.gov/media/ 

transcript-february-2023-commission-meeting 

(‘‘[T]he critical generator weatherization 

requirements as proposed are, to be frank, not up 

to the task. The proposal before us requires existing 

generators to weatherize so they are capable of 

operating for one hour at extreme cold temperatures 

beginning in April of 2027. . . . [W]aiting [for] four 

additional winters before weatherization 

requirements actually kick in does not reflect the 

urgency we feel.’’). 

are rules that are clarifying, corrective, 

or procedural or that do not 

substantially change the effect of the 

regulations being amended.54 The 

actions directed herein fall within this 

categorical exclusion in the 

Commission’s regulations. 

VI. Document Availability 

34. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (http://

www.ferc.gov). 

35. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

36. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

The Commission orders: 

(A) Reliability Standards EOP–011–4 

and TOP–002–5 and their associated 

violation risk factors and violation 

severity levels are hereby approved, as 

discussed in the body of this order. 

(B) The decision on whether to 

approve or modify NERC’s proposed 

implementation date for Reliability 

Standard EOP–011–4 (and the proposed 

retirement of Reliability Standard EOP– 

011–2 and EOP–011–3) is hereby 

deferred until NERC submits its revised 

applicability section for Reliability 

Standard EOP–012–2. 

By the Commission. Commissioner 

Clements is concurring with a separate 

statement attached. 

Issued: February 15, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

United States of America 

Federal Energy Regulatory Commission 

North American Electric Reliability 

Corporation 

Docket No. RD24–1–000 

(Issued February 14, 2024) 

CLEMENTS, Commissioner, concurring: 

1. While I am voting with my 

colleagues to approve these revised 

Reliability Standards, I am writing 

separately to express my concern with 

the delayed implementation timeline for 

EOP–011–4. 

2. Today’s order highlights ‘‘the 

importance of these revised Reliability 

Standards to maintaining the reliable 

operation of the Bulk-Power System.’’ 1

But this stated importance is undercut 

by the extended time granted to affected 

Registered Entities to implement the 

new requirements. Specifically, NERC 

proposed that EOP–011–4 become 

effective on the first day of the first 

calendar quarter that is six months 

following regulatory approval,2 and 

then for each affected Registered Entity 

to have at least 30 months after this 

effective date to comply with the new 

and revised provisions of the 

requirement.3 Under the best of 

scenarios, this would mean that these 

new and revised provisions would be 

implemented no sooner than April 1, 

2027—three years, and crucially, three 

winters from today.4

3. Three years after regulatory 

approval to implement changes to a 

Reliability Standard is an awfully long 

time. By the time these standards are 

implemented, recent experience has 

taught us that we are likely to face one 

or more dangerous winter storms. As 

with Uri in February 2021, Elliott in 

December 2022, and Gerri/Heather in 

January 2024, widespread, long duration 

winter storms that threaten the 

reliability of our system are no longer 

rare events, but rather nearly annual 

occurrences. 

4. I appreciate that NERC has 

continually worked with its 

stakeholders to advance improved 

Reliability Standards for cold weather 

operations and preparedness following 

Winter Storm Uri and the subsequent 

Staff Report.5 I also recognize that the 

30-month implementation timeframe is 

responsive to some stakeholders’ 

concerns about the potential time 

needed to implement any physical 

changes necessary to comply with the 

requirements of the revised standard. 

However, considering the urgency of the 

winter storm risk that faces our system, 

this is not the first time that I have been 

left wondering if our processes for 

drafting and implementing needed 

Reliability Standards, whether they be 

cold weather standards or cybersecurity 

standards, are too slow to keep up with 

needed change.6

For these reasons, I respectfully 

concur. 

Allison Clements, 

Commissioner. 

[FR Doc. 2024–03608 Filed 2–21–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 7987–016] 

Up Property 2, LLC; Notice of Intent To 

Prepare an Environmental Assessment 

On October 5, 2023, as supplemented 

on October 20, 2023, November 3, 2023, 

and November 13, 2023, UP Property 2, 

LLC filed an application to surrender 

the exemption for and remove the High 


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