9596 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 

1 16 U.S.C. 824o(d) (2012). 

2 Mandatory Reliability Standards for the BulkPower System, Order No. 693, FERC Stats. & Regs. 

¶ 31,242, at PP 1223, 1235, order on reh’g, Order 

No. 693–A, 120 FERC ¶ 61,053 (2007). 

3NERC Petition at 3. The proposed MOD 

Reliability Standard is not attached to the Final 

Rule. The complete text of the Reliability Standard 

is available on the Commission’s eLibrary 

document retrieval system in Docket No. RM14–12 

and is posted on the ERO’s Web site, available at: 

http://www.nerc.com. 

4NERC Petition at 4. 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

Bell Helicopter Alert Service Bulletin 412– 

13–156, dated April 25, 2013, which is not 

incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact Bell Helicopter Textron, 

Inc., P.O. Box 482, Fort Worth, TX 76101; 

telephone (817) 280–3391; fax (817) 280– 

6466; or at http://www.bellcustomer.com/

files/. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2422 AC Inverter. 

Issued in Fort Worth, Texas, on 

February 10, 2015. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–03585 Filed 2–23–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM14–12–000; Order No. 804] 

Demand and Energy Data Reliability 

Standard 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: The Commission approves 

Demand and Energy Data Reliability 

Standard MOD–031–1 developed by the 

North American Electric Reliability 

Corporation (NERC), which the 

Commission has certified as the Electric 

Reliability Organization responsible for 

developing and enforcing mandatory 

Reliability Standards. In addition, the 

Commission directs NERC to develop a 

clarifying modification to the Reliability 

Standard. 

DATES: This rule will become effective 

April 27, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Morris (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) 502–6803, Susan.Morris@

ferc.gov 

Robert T. Stroh (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 

20426, Telephone: (202) 502–8473, 

Robert.Stroh@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

1. Pursuant to section 215(d) of the 

Federal Power Act (FPA),1 the 

Commission approves Reliability 

Standard MOD–031–1 (Demand and 

Energy Data) developed by the North 

American Electric Reliability 

Corporation (NERC), the Commissioncertified Electric Reliability 

Organization (ERO). Reliability 

Standard MOD–031–1 provides 

authority for planners and operators to 

collect demand, energy and related data 

to support reliability studies and 

assessments. In addition, the 

Commission approves NERC’s proposed 

definitions for the terms Demand Side 

Management and Total Internal 

Demand. The Commission also 

approves the associated implementation 

plan, violation risk factors and violation 

severity levels, and NERC’s proposed 

retirement of the currently-effective 

Reliability Standards MOD–016–1.1, 

MOD–017–0.1, MOD–018–0, MOD– 

019–0.1, and MOD–021–1 (Existing 

MOD C Standards). 

2. Further, pursuant to section 

215(d)(5) of the FPA, the Commission 

directs NERC to (1) develop a 

modification to Reliability Standard 

MOD–031–1 to clarify certain 

obligations to provide data to the 

Regional Entity and (2) consider the 

compliance obligations of an applicable 

entity upon receipt of a data request that 

seeks confidential information. 

I. Background 

3. Section 215 of the FPA requires a 

Commission-certified ERO to develop 

mandatory and enforceable Reliability 

Standards, which are subject to 

Commission review and approval. Once 

approved, the Reliability Standards are 

enforced by the ERO, subject to 

Commission oversight, or by the 

Commission independently. In 2006, 

NERC submitted the initial version of 

Reliability Standards MOD–016–1.1, 

MOD–017–0.1, MOD–018–0, MOD– 

019–0.1, MOD–020–0, and MOD–021–1. 

The Existing MOD C Standards were 

designed to help ensure that historical 

and forecasted demand and energy data 

are available for past event validation 

and future system assessment. In 

particular, the Existing MOD C 

Standards, along with Reliability 

Standard MOD–020–0, require the 

collection of actual and forecast demand 

data necessary to analyze the resource 

needs to serve peak demand while 

maintaining a sufficient margin to 

address operating events. In Order No. 

693, the Commission approved the 

Existing MOD C Standards and 

Reliability Standard MOD–020–0.2 In 

addition, the Commission directed 

NERC to develop certain modifications 

to the standards. 

II. NERC Petition and NOPR 

4. In its petition, NERC stated that 

Reliability Standard MOD–031–1 will 

provide planners and operators access 

to actual and forecast demand and 

energy data, as well as other related 

information, needed to perform resource 

adequacy studies.3 NERC explained that 

the proposed Reliability Standard also 

supports the continued development of 

the reliability assessments prepared by 

NERC. NERC stated that the proposed 

Reliability Standard improves the 

Existing MOD C Standards by: (1) 

Streamlining them to clarify data 

collection requirements; (2) including 

transmission planners as applicable 

entities that must report demand and 

energy data; (3) requiring applicable 

entities to report weather normalized 

annual peak hour actual demand data 

from the previous year to allow for 

meaningful comparison with forecasted 

values; and (4) requiring applicable 

entities to provide an explanation of 

how their forecasts compare to actual 

prior year data.4

5. Reliability Standard MOD–031–1 

contains four requirements. 

Requirement R1 provides that each 

planning coordinator or balancing 

authority that identifies a need for the 

collection of demand and energy data 

must develop and issue a data request 

for such data to the relevant entities in 

its area. The requirement mandates that 

the data request identify: (i) The entities 

responsible for providing the data; (ii) 

the data to be provided by each entity; 

and (iii) the schedule for providing the 

data. Requirement R2 obligates the 

entities identified in a Requirement R1 

data request to provide the requested 

data to their planning coordinator or 

balancing authority. Requirement R3 

requires that the planning coordinator 

or the balancing authority provide the 

data collected under Requirement R2 to 

their Regional Entity, if requested, to 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 9597 

5 Id. at 5. 6 ITC Comments at 2. 

facilitate NERC’s development of 

reliability assessments. Requirement R4 

requires entities to share their demand 

and energy data with any applicable 

entity that demonstrates a reliability 

need for such data.5

6. On September 18, 2014, the 

Commission issued a Notice of 

Proposed Rulemaking (NOPR) 

proposing to approve Reliability 

Standard MOD–031–1 as just, 

reasonable, not unduly discriminatory 

or preferential, and in the public 

interest. The Commission also requested 

comments on the collection of demand 

and energy data. Specifically, the 

Commission sought comments on: (1) 

The Commission’s understanding that 

while a planning coordinator or 

balancing authority may collect demand 

and energy forecast data under a tariff 

or other arrangement, the planning 

coordinator or balancing authority 

always retains the option to seek the 

necessary data through a Requirement 

R1 data request if, for example, the data 

are not forthcoming through other 

means; and (2) whether a planning 

coordinator or balancing authority that 

receives data through alternative 

mechanisms remains obligated to 

provide such data (i.e., within the scope 

of Requirement R1) to a Regional Entity 

upon request, as set forth in 

Requirement R3. 

Comments 

7. Comments on the NOPR were 

submitted by NERC, Edison Electric 

Institute (EEI), ISO New England, Inc. 

(ISO New England), International 

Transmission Company d/b/a 

ITCTransmission, Michigan Electric 

Transmission Company, LLC, ITC 

Midwest LLC, and ITC Great Plains, LLC 

(collectively, ‘‘ITC Companies’’), 

PacifiCorp, and Idaho Power Company 

(Idaho Power). 

8. NERC, EEI, ISO New England 

support the Commission’s proposed 

approval of MOD–031–1, and ITC 

Companies ‘‘does not object’’ to the 

standard. NERC and other commenters 

provide responses to the Commission’s 

questions regarding the collection of 

demand and energy data, as discussed 

below. 

9. NERC, EEI, Idaho Power, and ISO 

New England confirm the Commission’s 

understanding that the planning 

coordinator or balancing authority 

retains the option to seek the necessary 

data through a Requirement R1 data 

request. NERC states that the Reliability 

Standard provides planning 

coordinators and balancing authorities 

the authority to issue data requests to 

compel applicable entities to provide 

the demand and energy data necessary 

to conduct reliability assessments. 

According to NERC, the Reliability 

Standard does not require planning 

coordinators and balancing authorities 

to issue such data requests if they have 

alternative means of obtaining or 

developing that data but planning 

coordinators and balancing authorities 

may always use the authority provided 

by the Reliability Standard as a backstop 

to ensure they obtain complete and 

accurate data. 

10. With respect to the issue of 

whether a planning coordinator or 

balancing authority that receives data 

through alternative mechanisms 

remains obligated to provide such data 

to a Regional Entity upon request, NERC 

states that the intent of Requirement R3 

was to require all planning coordinators 

and balancing authorities to provide the 

necessary demand and energy data to 

their respective Regional Entities to 

support the ERO development of 

seasonal and long-term reliability 

assessments. NERC commits to 

modifying the language of Requirement 

R3 in its standard development process 

to clarify that planning coordinators and 

balancing authorities must provide their 

demand and energy data to their 

Regional Entity, upon request, whether 

that data is collected pursuant to the 

proposed Reliability Standard or 

through alternative arrangements. 

11. With regard to the Commission’s 

question about the obligations of a 

planning coordinator or balancing 

authority to share data gathered or 

obtained through alternative 

mechanisms, EEI comments that there is 

no obligation to require a planning 

coordinator or balancing authority to 

share such data in a similar manner as 

required by Requirement R3. EEI adds 

that it is not aware of any reason that 

might motivate independent system 

operators (ISOs) or regional 

transmission organizations (RTOs) (in 

their role as planning coordinators or 

balancing authorities) to withhold such 

information from the Regional Entity. 

PacifiCorp agrees with EEI on this issue 

and favors a finding that Requirement 

R3 should not apply if the planning 

coordinator or balancing authority 

receives data through alternative means. 

12. In contrast, Idaho Power and ISO 

New England assert that a planning 

coordinator or balancing authority that 

receives data within the scope of 

Requirement R1 through alternative 

mechanisms (as opposed to a data 

request) remains obligated to provide 

the data to a Regional Entity upon 

request pursuant to Requirement R3. 

13. EEI also requests that the 

Commission clarify potential conflicts 

between a transmission provider’s 

obligation to provide data under 

Reliability Standard MOD–031–1 and its 

confidentiality obligations under the 

Open Access Transmission Tariff 

(OATT) or other confidentiality or 

nondisclosure restrictions. ITC 

Companies raises a concern with the 

inclusion of transmission planners as 

entities from whom the types of data 

specified may be requested because, 

according to ITC Companies, many 

transmission planners have delegated 

the collection of data to the ISO or RTO 

in which they are located. 

III. Discussion 

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

the FPA, the Commission approves 

Reliability Standard MOD–031–1 as 

just, reasonable, not unduly 

discriminatory or preferential, and in 

the public interest. We also approve the 

new and modified glossary definitions, 

implementation plan, associated 

violation risk factors and violation 

severity levels as well as the retirement 

of the Existing MOD C Standards. 

Reliability Standard MOD–031–1 

should continue to provide planners 

and operators access to complete and 

accurate demand and energy data to 

allow such entities to conduct their own 

resource adequacy analyses to serve 

peak demand. As noted above, NERC, 

EEI, and ISO New England support 

approval of MOD–031–1, and no 

commenters oppose approval. ITC 

Companies ‘‘does not object’’ to the 

standard and ‘‘concurs with the 

Commission that MOD–031–1 will 

meaningfully enhance the ability of 

transmission planners and operators to 

conduct resource adequacy analyses and 

plan for peak load conditions.’’ 6

15. We also find that the Reliability 

Standard should provide for consistent 

documentation and information sharing 

practices for demand and energy data, 

and promotes efficient planning 

practices across the industry and 

supports the identification of needed 

system reinforcements. Further, the 

Commission finds that Reliability 

Standard MOD–031–1 improves the 

Existing MOD C Standards by providing 

applicable entities the authority to 

collect demand and energy data, and 

related information, to support 

reliability assessments and also includes 

transmission planners as applicable 

entities that must report demand and 

energy data. 

16. Further, as discussed below, we 

direct NERC to (1) develop a 


tkelley on DSK3SPTVN1PROD with RULES
9598 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 

7NERC Comments at 2–3. See also EEI Comments 

at 3. 

8 16 U.S.C. 824o(g). 

9See NERC Comments at 3. 

10See EEI Comments at 3–4 (citing Article 22.1.10 

of the pro forma large generation interconnection 

agreement). 

11EEI Comments at 5. 

12See Order No. 693 FERC Stats. & Regs. ¶ 

31,242, at P 188. 

13See NERC Petition at 22, 23. 

14 44 U.S.C. 3501–3520. 

15See 5 CFR 1320.10. 

modification to Reliability Standard 

MOD–031–1 to clarify certain 

obligations to provide data to the 

Regional Entity and (2) consider the 

compliance obligations of an applicable 

entity upon receipt of a data request that 

seeks confidential information. 

A. Demand and Energy Data Issues 

Raised in the NOPR 

17. As discussed above, the 

Commission sought comment in the 

NOPR on several questions in 

connection with the collection of 

demand and energy data. With regard to 

the responsive comments on the NOPR 

question regarding the collection of data 

through mechanisms other than data 

requests, the Commission accepts the 

explanation provided by NERC and 

other commenters that, while a planning 

coordinator or balancing authority may 

collect demand and energy forecast data 

under a tariff or other arrangement, the 

planning coordinator or balancing 

authority always retains the option to 

seek the necessary data through a 

Requirement R1 data request if, for 

example, the data are not forthcoming 

through other means. 

18. Further, the Commission raised a 

concern in the NOPR regarding whether 

a planning coordinator or balancing 

authority that receives data ‘‘through 

alternative mechanisms’’ remains 

obligated to provide such data (i.e., 

within the scope of Requirement R1) to 

a Regional Entity upon request, as set 

forth in Requirement R3. We accept 

NERC’s explanation that the ‘‘intent of 

Requirement R3 was to require all 

planning coordinators and balancing 

authorities to provide the necessary 

demand and energy data to their 

respective Regional Entities to support 

the [ERO]’s development of seasonal 

and long-term reliability assessments,’’ 

although ‘‘a strict reading’’ of 

Requirement R3 ‘‘indicates that it 

applies only to data collected pursuant 

to a data request issued under this 

Reliability Standard.’’ 7 NERC has the 

statutory responsibility to conduct 

periodic assessments of the reliability 

and adequacy of the Bulk-Power 

System, and we believe that it is 

incumbent on users, owners and 

operators subject to compliance with 

section 215 of the FPA to provide the 

necessary data to support such 

assessments.8 Accordingly, pursuant to 

section 215(d)(5) of the FPA and 

consistent with NERC’s comments,9 we 

direct NERC to develop a modification 

to MOD–031–1 through the standards 

development process to clarify that 

planning coordinators and balancing 

authorities must provide demand and 

energy data upon request of a Regional 

Entity, as necessary to support NERC’s 

development of seasonal and long-term 

reliability assessments. 

B. Other Issues 

19. EEI seeks Commission 

clarification of a ‘‘potential conflict’’ 

between a transmission provider’s 

obligation to provide data under MOD– 

031–1 and the transmission provider’s 

confidentiality obligations under an 

OATT or other confidentiality 

restrictions.10 Under MOD–031–1, 

Requirement R2, an applicable entity 

must provide data requested by its 

planning coordinator or balancing 

authority in accordance with the 

Requirement R1 data request provision. 

EEI notes that, under Requirement R4, 

an entity has 45 days to respond to a 

written request for data. Further, under 

Requirement 4.1, if an entity does not 

provide requested data because, inter 

alia, ‘‘providing the data would conflict 

with the Applicable Entity’s 

confidentiality, regulatory or security 

requirements, the Applicable Entity 

shall, within 30 calendar days of the 

written request, provide a written 

response to the requesting entity 

specifying the data that is not being 

provided and on what basis.’’ According 

to EEI, it is unclear ‘‘at what point a 

transmission provider’s obligation to 

‘cooperate’ with the other Party in the 

formation of a confidentiality agreement 

or protective order ends, and its 

obligation as an Applicable Entity to 

disclose the requested information 

under either Requirements R1 or R4 

begins.’’ 11

20. Requirement R1 specifies the 

planning coordinator or balancing 

authority shall issue a ‘‘data request to 

applicable entities in its area.’’ 

Applicable entities that are subject to 

providing data pursuant to Requirement 

R2 are transmission planners, balancing 

authorities, load-serving entities, and 

distribution providers. The transmission 

providers discussed by EEI may, in fact, 

be registered as one or more of the 

NERC functional entities that make up 

the applicable entities list in MOD–031– 

1. Requirement R4 includes provisions 

for an applicable entity to follow if a 

conflict arises. On this basis, the 

Reliability Standard appears to be clear. 

However, EEI’s concern that MOD–031– 

1 is not clear regarding the compliance 

obligations of an applicable entity when 

required to provide data to a balancing 

authority or planning coordinator 

pursuant to a data request under the 

standard may have merit. Further, it 

may be possible in some circumstances, 

depending on the terms of the 

confidentiality provision at play, to 

provide data pursuant to a nondisclosure agreement. Therefore, rather 

than attempting to provide the 

clarification requested by EEI, the 

Commission directs NERC to consider 

EEI’s concern regarding the compliance 

obligations of an applicable entity upon 

receipt of a data request that seeks 

confidential information in the standard 

development process when it addresses 

the directive to clarify that planning 

coordinators and balancing authorities 

must provide demand and energy data 

upon request of a Regional Entity.12

21. ITC Companies raises a concern 

with the inclusion of transmission 

planners as listed entities from whom 

the types of data specified may be 

requested because, according to ITC 

Companies, many transmission planners 

have delegated the collection of data to 

the ISO or RTO in which they are 

located. ITC Companies requests that 

the Commission recognize that 

agreements governing the reporting of 

demand and energy data such as those 

existing between ITC’s operating 

subsidiaries and the ISOs/RTOs in 

which each operates are common, and 

thus provide that a transmission planner 

having such an arrangement with an 

ISO/RTO will be in compliance with 

data requests it receives under the 

Requirements R1 and R4. While the 

language of particular agreements is 

beyond the scope of the immediate 

proceeding, we agree with ITC 

Companies that Requirement R1 

provides the flexibility to collect energy 

data through alternative mechanisms.13

IV. Information Collection Statement 

22. The Paperwork Reduction Act 

(PRA) 14 requires each federal agency to 

seek and obtain Office of Management 

and Budget (OMB) approval before 

undertaking a collection of information 

directed to ten or more persons or 

contained in a rule of general 

applicability. OMB regulations require 

approval of certain information 

collection requirements imposed by 

agency rules.15 Upon approval of a 

collection(s) of information, OMB will 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 9599 

16Requirement R1, Subpart 1.1 refers to 

‘‘Applicable Entities’’ as the list of transmission 

planners, balancing authorities, load-serving 

entities and distribution providers that are required 

to provide the data. 

17This estimate assumes all of the unique entities 

will be identified to provide demand and energy 

data. 

18The estimated hourly costs (salary plus 

benefits) are based on Bureau of Labor Statistics 

(BLS) information (available at http://bls.gov/oes/

current/naics3_221000.htm#17-0000) for an 

electrical engineer ($59.62/hour). 19This value represents the number of entities 

that have not already determined a method to 

weather normalize annual peak actual demand data. 

We estimate approximately 5 percent of the 

applicable entities fall into this category. 

20 DP = distribution provider, LSE = load-serving 

entity, TP = transmission planner and BA = 

balancing authority, are functions the applicable 

entities perform in conjunction or individually. We 

estimate the total number of unique entities 

performing one or more of these functions to be 

561. 

21 5 U.S.C. 601–612. 

assign an OMB control number and an 

expiration date. Respondents subject to 

the filing requirements of an agency 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. 

23. Through issuance of this Final 

Rule, the Commission approves 

Reliability Standard MOD–031–1. As 

stated above, the Existing MOD C 

Standards were approved by the 

Commission in Order No. 693. All 

information collection estimates 

associated with the collection of 

demand and energy data and 

subsequent retention were assessed in 

Order No. 693 and will not be repeated 

here. The Reliability Standard expands 

the actual data to be submitted in two 

areas: (1) Weather normalized annual 

peak hour actual demand for the prior 

calendar year if this demand varies due 

to weather-related conditions (e.g., 

temperature, humidity or wind speed); 

and (2) summaries detailed in 

Requirement R1, Subparts 1.5.4 and 

1.5.5. The additional data and 

summaries will increase reporting and 

preparation time for some applicable 

entities. Most entities already normalize 

their actual demand data based on 

weather. However, some entities may 

have a one-time cost of determining the 

method to ‘‘weather normalize’’ the 

actual demand data. Accordingly, the 

information collection costs will consist 

of an annual cost for all applicable 

entities and, for a small percentage, 

additional costs will occur during the 

first year of implementation. 

Public Reporting Burden: Reliability 

Standard MOD–031–1 requires each 

‘‘Applicable Entity’’ to provide the data 

requested by its planning coordinator or 

balancing authority in accordance with 

the data request issued pursuant to 

Requirement R1.16 Our estimate below 

regarding the number of respondents is 

based on the NERC Compliance Registry 

as of July 31, 2014. According to the 

NERC Compliance Registry, NERC has 

registered 478 distribution providers, 

469 load-serving entities, 179 

transmission planners and 107 

balancing authorities. However, under 

NERC’s compliance registration 

program, entities may be registered for 

multiple functions, so these numbers 

incorporate some double counting. The 

total number of unique entities that may 

be identified as a data provider (e.g. 

applicable entity) in accordance with 

Reliability Standard MOD–031–1 will 

be approximately 561 entities registered 

in the United States as a distribution 

provider, load-serving entity, 

transmission planner and/or balancing 

authority.17 The Commission estimates 

the annual reporting burden and cost as 

follows: 

RM14–12–000 FINAL RULE

Number and type of 

respondents 

Annual 

number of 

responses per 

respondent 

Total number 

of responses 

Average burden & 

cost per response 

Total annual burden 

hours & total annual 

cost 

Cost per 

respondent 18

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

(One-time) Determine 

method to weather 

normalize annual 

peak hour actual 

demand.

28 19 (DP, LSE, TP 

and/or BA) 20.

1 28 240 hrs. & $14,309 .. 6,720 hours & 

$400,646.

$14,309 

(On-going) Develop 

summary in accordance w/Requirement R1, 

Subparts 1.5.4 and 

1.5.5.

561 (DP, LSE, TP 

and/or BA).

1 561 8 hrs. & $477 ........... 4,488 hours & 

$267,575.

477 

Total .................. .................................. ........................ 589 .................................. 11,208 hours & 

$668,221.

........................

Title: FERC–725L, Mandatory 

Reliability Standards for the Bulk-Power 

System: MOD Reliability Standards. 

Action: Final rule. 

OMB Control No: 1902–0261. 

Respondents: Businesses or other forprofit institutions; not-for-profit 

institutions. 

Frequency of Responses: One-time 

and ongoing. 

Necessity of the Information: 

Reliability Standard MOD–031–1 

implements 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 BulkPower System. Specifically, the purpose 

of the Reliability Standard is to provide 

authority for applicable entities to 

collect demand, energy and related data 

to support reliability studies and 

assessments and to enumerate the 

responsibilities and obligations of 

requestors and respondents of that data. 

Internal Review: The Commission has 

reviewed the requirements pertaining to 

the Reliability Standard for the BulkPower System and determined that the 

approved requirements are necessary to 

meet the statutory provisions of the 

Energy Policy Act of 2005. These 

requirements conform to the 

Commission’s plan for efficient 


tkelley on DSK3SPTVN1PROD with RULES
9600 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 

21 5 U.S.C. 601–612. 22SBA Final Rule on ‘‘Small Business Size 

Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013). 23 13 CFR 121.201, Sector 22, Utilities. 24The Small Business Administration sets the 

threshold for what constitutes a small business. 

Public utilities may fall under one of several 

different categories, each with a size threshold 

based on the company’s number of employees, 

including affiliates, the parent company, and 

subsidiaries. The possible categories for the 

applicable entities have a size threshold ranging 

from 250 employees to 1,000 employees. For the 

analysis in this proposed rule, we are using the 

1,000 employee threshold for each applicable entity 

type. 

25Regulations Implementing the National 

Environmental Policy Act of 1969, Order No. 486, 

52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., 

Regulations Preambles 1986–1990 ¶ 30,783 (1987). 

26 18 CFR 380.4(a)(2)(ii). 

information collection, communication 

and management within the energy 

industry. The Commission has assured 

itself, by means of internal review, that 

there is specific, objective support for 

the burden estimates associated with the 

information requirements. 

Interested persons may obtain 

information on the reporting 

requirements by contacting: Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426 

[Attention: Ellen Brown, Office of the 

Executive Director, email: 

DataClearance@ferc.gov, Phone: (202) 

502–8663, fax: (202) 273–0873]. 

Comments on the requirements of this 

rule may also be sent to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Washington, DC 20503 [Attention: Desk 

Officer for the Federal Energy 

Regulatory Commission]. For security 

reasons, comments should be sent by 

email to OMB at oira_submission@

omb.eop.gov. Comments submitted to 

OMB should refer to FERC–725L and 

OMB Control No. 1902–0261. 

V. Regulatory Flexibility Act 

Certification 

24. The Regulatory Flexibility Act of 

1980 (RFA) 21 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. 

25. The Small Business 

Administration (SBA) revised its size 

standard (effective January 22, 2014) for 

electric utilities from a standard based 

on megawatt hours to a standard based 

on the number of employees, including 

affiliates.22 Under SBA’s new size 

standards, transmission owners and 

transmission operators likely come 

under the following category and 

associated size threshold: Electric bulk 

power transmission and control, at 500 

employees.23 The Reliability Standard 

applies to 561 entities. Comparison of 

the applicable entities with the 

Commission’s small business data 

indicates that approximately 249 are 

small entities.24 Of these, the 

Commission estimates that 

approximately five percent, or twelve of 

these small entities expect to be affected 

by the new requirements of the 

proposed Reliability Standard. The 

Commission estimates that the small 

entities that will be affected by 

Reliability Standard MOD–031–1 will 

incur one-time compliance costs ranging 

up to $14,309 (i.e. the cost of 

determining the method of weather 

normalizing annual peak hour actual 

demand), plus the annual development 

of summary narratives in accordance 

with Requirement R1, Subparts 1.5.4 

and 1.5.5, resulting in costs of $477. 

26. Accordingly, the Commission 

certifies that the Reliability Standard 

will not have a significant economic 

impact on a substantial number of small 

entities. 

VI. Environmental Analysis 

27. 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.25 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.26 The 

actions proposed herein fall within this 

categorical exclusion in the 

Commission’s regulations. 

VII. Document Availability 

28. 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) and in the Commission’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. 

29. 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. 

30. User assistance is available for 

eLibrary and the Commission’s Web site 

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. 

VIII. Effective Date and Congressional 

Notification 

31. These regulations are effective 

April 27, 2015. The Commission has 

determined, with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

By the Commission. 

Issued: February 19, 2015. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2015–03740 Filed 2–23–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 890 

[Docket No. FDA–2014–N–1903] 

Medical Devices; Physical Medicine 

Devices; Classification of the Powered 

Exoskeleton 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final order. 

SUMMARY: The Food and Drug 

Administration (FDA) is classifying the 

powered exoskeleton into class II 

(special controls). The special controls 

that will apply to the device are 

identified in this order and will be part 

of the codified language for the powered 

exoskeleton’s classification. The Agency 

is classifying the device into class II 

(special controls) in order to provide a 

reasonable assurance of safety and 

effectiveness of the device. 

DATES: This order is effective March 26, 

2015. The classification was applicable 

on June 26, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Michael Hoffmann, Center for Devices 

and Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 1434, Silver Spring, 

MD 20993–0002, 301–796–6476, 

Michael.Hoffmann@fda.hhs.gov. 


tkelley on DSK3SPTVN1PROD with RULES