[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Notices]
[Page 60931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26292]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM99-2-000]


Regional Transmission Organizations; Notice Providing Further 
Details on Procedures for Order No. 2000 Filings

October 6, 2000.
    In a notice issued on July 20, 2000,\1\ the Commission offered 
guidance on procedures for making filings in compliance with Order No. 
2000 \2\ and the regulations promulgated by that order.\3\ This notice 
provides further details on filing procedures in response to questions 
addressed to the Secretary's office.
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    \1\ Notice of Guidance for Processing Order No. 2000 Filings, 92 
FERC para. 61,048 (2000).
    \2\ Regional Transmission Organizations, Order No. 2000, 65 Fed. 
Reg. 809 (January 6, 2000), FERC Stats. and Regs. para. 31,089 
(1999), order on reh'g, Order No. 2000-A, 65 Fed. Reg. 12,088 (March 
8, 2000), FERC Stats. and Regs. para. 31,092 (2000).
    \3\ 18 CFR 35.34.
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Timing of Filings

    Section 35.34(c) sets forth the general rule that filings are due 
by October 15, 2000, and section 35.34(h) establishes January 15, 2001 
as the deadline for public utilities already participating in approved 
transmission entities.\4\ Attached as an appendix to the July 20 notice 
was a list of the public utilities that the Commission deems to be 
within section 35.34(h) with a January 15, 2001 filing deadline. It has 
been called to the Commission's attention that some public utilities 
that should be subject to the January 15, 2001 filing deadline were 
inadvertently omitted from that appendix. This omission will not be 
considered controlling for compliance purposes. Any public utility 
required to make an Order No. 2000 compliance filing, and that 
satisfies the section 35.34(h) criteria,\5\ may file by January 15, 
2001 even if inadvertently omitted from the appendix. Any public 
utility required to make an Order No. 2000 compliance filing that does 
not meet the section 35.34(h) criteria is expected to make a filing 
specified by section 35.34(d) or (g) by October 15, 2000.\6\
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    \4\ Because October 15, 2000 falls on a Sunday, and January 15, 
2001 falls on a holiday, the filings are due by close of business on 
October 16, 2000, and January 16, 2001, respectively. See 18 CFR 
385.2007(a)(2).
    \5\ Section 35.34(h) applies to every ``public utility that 
owns, operates or controls facilities used for the transmission of 
electric energy in interstate commerce as of March 6, 2000, and that 
has filed with the Commission on or before March 6, 2000 to transfer 
operational control of its facilities to a transmission entity that 
has been approved or conditionally approved by the Commission on or 
before March 6, 2000 as being in conformance with the eleven ISO 
principles set forth in Order No. 888 * * *.''
    \6\ With respect to any public utility that has filed to 
transfer operational control of its transmission facilities to an 
approved transmission entity as defined in section 35.34(h) but had 
not done so as of March 6, 2000, and with respect to any public 
utility that has made a firm commitment to participate in an RTO 
compliance filing that will be made by January 15, 2001, the filing 
due by October 15, 2000 may be brief, but should state clearly the 
filer's intent to participate in the future compliance filing.
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Docketing of Filings

    The Commission has established the new ``RT'' prefix for docket 
numbers that will be assigned to any filing made in compliance with 
Order No. 2000. The Commission requests that all public utilities 
making compliance filings required by section 35.34(c) or (h) of the 
regulations put the ``RT'' docket prefix in the docket area of their 
filings.
    The Commission intends to assign the same docket number to all 
components of a single RTO proposal, including any filings made 
pursuant to sections 203 and 205 of the Federal Power Act and any 
petitions for declaratory order pursuant to section 35.34(d)(3) of the 
regulations. Accordingly, those filing an RTO proposal are encouraged 
to file it as a single package and clearly identify how the contents of 
the package satisfy all applicable statutory and regulatory 
requirements.

Filings by Non-Jurisdictional Entities

    To the extent any non-public utility (that is not subject to 
Federal Power Act section 203 or 205 jurisdiction) wants to make a 
voluntary filing regarding how its electric transmission facilities may 
or may not be included in an RTO, it may do so in the following ways. 
If the non-public utility is participating in an RTO proposal, it may 
join in the RTO filing without jeopardizing its non-jurisdictional 
status. If the non-public utility wishes to comment on a particular RTO 
compliance filing, it may do so during the comment period that will be 
established in the notice of each compliance filing. Finally, if the 
non-public utility wishes to make an informational filing informing the 
Commission generally of its status with respect to RTO formation, it 
may make such a filing in Docket No. RT01-1-000.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-26292 Filed 10-12-00; 8:45 am]
BILLING CODE 6717-01-M