[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30027-30031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14783]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM09-8-000]


Revised Mandatory Reliability Standards for Interchange 
Scheduling and Coordination

June 18, 2009.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Pursuant to section 215 of the Federal Power Act, the 
Commission proposes to approve three updated Interchange Scheduling and 
Coordination (INT) Reliability Standards developed by the North 
American Electric Reliability Corporation. The proposed INT Reliability 
Standards specify times for entities in the Western Interconnection to 
review and respond to requests for interchange service, specifically, 
on-time requests for service and requests for emergency interchange and 
reliability adjustment interchange service. In addition, the revisions 
set forth appropriate response times for all requests for on-time, 
emergency and reliability adjustment interchange service.

DATES: Comments are due July 24, 2009.

ADDRESSES: You may submit comments, identified by docket number by any 
of the following methods:
    <bullet> Agency Web Site: http://ferc.gov. Documents created 
electronically using word processing software should be filed in native 
applications or print-to-PDF format and not in a scanned format.
    <bullet> Mail/Hand Delivery: Commenters unable to file comments 
electronically must mail or hand deliver an original and 14 copies of 
their comments to: Federal Energy Regulatory Commission, Secretary of 
the Commission, 888 First Street, NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT:

Danny Johnson (Technical Information), Office of Electric Reliability, 
Division of Reliability Standards, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426. (202) 502-
8892.
Rheta Johnson (Technical Information), Office of Electric Reliability, 
Division of Reliability Standards, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426. (202) 502-
6503.
Richard M. Wartchow (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. (202) 502-8744.

SUPPLEMENTARY INFORMATION:
    1. Pursuant to section 215 of the Federal Power Act (FPA), the 
Commission proposes to approve three updated Interchange Scheduling and 
Coordination (INT) Reliability Standards developed by the North 
American Electric Reliability Corporation (NERC): INT-005-3, 
Interchange Authority Distributes Arranged Interchange; INT-006-3, 
Response to Interchange Authority; and INT-008-3, Interchange Authority 
Distributes Status. The proposed INT Reliability Standards specify 
response times for entities in the Western Interconnection to review 
and respond to requests for interchange service. In addition, the 
revisions set forth appropriate response times for all requests for on-
time, emergency and reliability adjustment interchange service.\1\
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    \1\ Requests for interchange service are also called ``RFI.'' 
The NERC glossary defines ``Interchange'' as, ``Energy transfers 
that cross balancing authority boundaries.'' NERC Glossary of Terms 
Used in Reliability Standards (as revised) (glossary), originally 
filed with NERC's April 4, 2006 Request for Approval of Reliability 
Standards, Docket No. RM06-16-000, and affirmed by Mandatory 
Reliability Standards for the Bulk-Power System, Order No. 693, FERC 
Stats. and Regs. ] 31,242 (2007), order on reh'g, Order No. 693-A, 
120 FERC ] 61,053 (2007). The glossary is appended to the 
Reliability Standards and is available on the NERC Web site, http://www.nerc.com.
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    2. The revised INT Reliability Standards update and replace version 
2 of the INT Reliability Standards. NERC adopted these standards 
pursuant to an urgent action request under NERC procedures, which 
require that the standards be resubmitted for processing through NERC's 
normal Reliability Standards development procedures.\2\ The proposed 
rule would benefit the reliable operation of the Bulk-Power System by 
clarifying how long the relevant entities have to respond to requests 
for interchange service and providing entities in the Western 
Interconnection with sufficient time to assess and respond to requests 
for interchange service.\3\
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    \2\ See Modification of Interchange and Transmission Loading 
Relief Reliability Standards; and Electric Reliability Organization 
Interpretation of Specific Requirements of Four Reliability 
Standards, Order No. 713, 73 FR 43613 (Jul. 28, 2008), 124 FERC ] 
61,071, at P 67 (2008). Under NERC procedures, changes developed 
pursuant to an urgent action request must be reviewed under the 
normal Reliability Standards development process, by a panel having 
the appropriate expertise, and balloted for final approval, with any 
modifications, within one year, if no substantive changes are made, 
or else within two years. NERC states that the current revisions are 
not substantial enough to change the intent, scope or purpose of the 
prior versions of the Reliability Standards.
    \3\ The Commission is not proposing any new or modified text to 
its regulations. Rather, as set forth in 18 CFR Part 40, a proposed 
Reliability Standard will not become effective until approved by the 
Commission, and the Electric Reliability Organization (ERO) must 
post on its Web site each effective Reliability Standard.
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I. Background

A. EPAct 2005 and Mandatory Reliability Standards

    3. On August 8, 2005, the Electricity Modernization Act of 2005 was 
enacted as Title XII, Subtitle A, of the Energy Policy Act of 2005 
(EPAct 2005).\4\ EPAct 2005 added section 215 to the FPA, requiring the 
Commission-certified Electric Reliability Organization (ERO) to develop 
mandatory and enforceable Reliability Standards to provide for the 
reliable operation of the Bulk-Power System, subject to Commission 
review and approval. Once approved, the Reliability Standards may be 
enforced by the ERO, subject to Commission oversight, or by the 
Commission independently.\5\
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    \4\ Energy Policy Act of 2005, Public Law 109-58, Title XII, 
Subtitle A, 119 Stat. 594, 941 (2005), 16 U.S.C. 824o (2006).
    \5\ 16 U.S.C. 824o(e)(3).
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    4. On February 3, 2006, the Commission issued Order No. 672, 
implementing section 215.\6\ Pursuant to Order No. 672, the Commission 
certified NERC as the ERO.\7\ The ERO is required to develop 
Reliability Standards, subject to Commission review and approval, 
applicable to users, owners and operators of the Bulk-Power System, as 
set forth in each Reliability Standard.
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    \6\ Rules Concerning Certification of the Electric Reliability 
Organization; and Procedures for the Establishment, Approval, and 
Enforcement of Electric Reliability Standards, Order No. 672, FERC 
Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC 
Stats. & Regs. ] 31,212 (2006).
    \7\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006).
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    5. Section 215(d)(2) of the FPA states that the Commission may 
approve, by rule or order, a proposed Reliability Standard or 
modification to a Reliability Standard if it determines that the 
Standard is just, reasonable, not unduly discriminatory or 
preferential, and in

[[Page 30028]]

the public interest.\8\ If the Commission disapproves of the proposed 
Standard in whole or in part, it must remand the proposed Standard to 
the ERO for further consideration.\9\ Section 215(d)(5) grants the 
Commission authority, upon its own motion or upon complaint, to order 
the ERO to submit to the Commission a proposed Reliability Standard or 
a modification to a Reliability Standard that addresses a specific 
matter if the Commission considers such a modified Reliability Standard 
appropriate to carry out section 215.
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    \8\ 16 U.S.C. 824o(d)(2).
    \9\ 16 U.S.C. 824o(d)(4).
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B. Order No. 713

    6. In Order No. 713, the Commission accepted a prior NERC proposal 
to provide additional time for entities in the Western Interconnection 
to assess requests for interchange service needed in less than an 
hour.\10\ The resulting changes were incorporated into the prior INT 
Reliability Standards, designated INT-005-2, INT-006-2 and INT-008-2, 
which were accepted by the Commission.\11\ The Commission found that, 
due to the limited assessment time available, some requested 
transactions were being denied because they were not reviewed and acted 
upon in the allotted time.\12\ NERC's proposal was developed in 
response to an urgent action request from the Western Electricity 
Coordinating Council (WECC) to reinstate a ten-minute assessment 
period, consistent with WECC's historical practice.
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    \10\ The INT Reliability Standards apply to interchange 
authorities, balancing authorities, and transmission service 
providers.
    \11\ Order No. 713, 124 FERC ] 61,071 at P 67.
    \12\ Upon expiration of the assessment time, the related e-Tags 
are denied and must be resubmitted. In industry parlance, this is 
called ``passive denial.'' Order No. 713, 124 FERC ] 61,071 at P 62-
63.
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    7. In its current petition, NERC finalizes the revisions that were 
initially developed pursuant to the urgent action request.

C. NERC's Proposed INT Reliability Standard Revisions

    8. On February 5, 2009, NERC filed its petition for Commission 
approval of the revised INT Reliability Standards, designated INT-005-
3; INT-006-3 and INT-008-3.\13\ In the revised INT Reliability 
Standards, NERC proposes to establish separate timing tables for the 
Western Interconnection and the Eastern Interconnection, including 
Electric Reliability Council of Texas and Hydro-Quebec; affirm and 
clarify the increase in the reliability assessment times for WECC from 
five minutes to ten minutes for requests submitted more than 60 minutes 
and no less than 15 minutes prior to ramp start time, and also permit 
on-time submittal of e-Tags \14\ up to 20 minutes prior to the 
operating hour; specify the timing for responses to requests for the 
Western Interconnection; and modify Requirement R1 of INT-006-002 to 
clarify that balancing authorities and transmission service providers 
in all Interconnections must respond to ``on-time'' requests for 
interchange service, as well as to requests for emergency and 
reliability adjustment interchange services. NERC also proposes to add 
three related definitions to its glossary: ``After the Fact,'' 
``Emergency Request for Interchange (RFI),'' and ``Reliability 
Adjustment RFI,'' and specifies appropriate responses for ``Late,'' 
``On-time'' and ``After the Fact'' requests for service to the timing 
tables.
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    \13\ The revised INT Reliability Standards are provided in the 
petition and are available on the Commission's eLibrary document 
retrieval system in Docket No. RM09-8-000 and also on NERC's Web 
site, http://www.nerc.com.
    \14\ Electronic Tagging, or e-Tag, is a request to implement a 
new interchange transaction as a physical energy flow, i.e., an RFI. 
The e-Tag documents the requested physical interchange transaction 
and identifies participants. E-Tags include expected flows, and the 
information provided may be used in mitigating constraints, when 
needed. See NERC's Joint Interchange Scheduling Work Group, 
Electronic Tagging Functional Specification Version 1.8.0 (Nov. 7, 
2007).
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    9. NERC states that the revised INT Reliability Standards (INT-005-
3, INT-006-3, and INT-008-3) ensure the safe and reliable operation of 
the Bulk-Power System. According to NERC, the Reliability Standards 
improve Bulk-Power System reliability by providing WECC entities 
sufficient time to assess and respond to requests for interchange 
service. Establishing a separate timing table for WECC will clarify the 
timing requirements for the Western Interconnection. The timing 
requirements for the Eastern Interconnections, including ERCOT and 
Hydro-Quebec, are also modified by adopting the on-time, late and 
after-the-fact classifications. NERC reports that the new terms 
incorporated in the timing tables are consistent with existing industry 
e-Tag specifications used to request and arrange interchange service, 
and use of these terms will ensure uniform treatment for all entities 
subject to the INT Reliability Standards.
1. Proposed NERC Glossary Definitions
    10. To implement the revisions to the INT Reliability Standards, 
NERC proposes to add three terms to its glossary: \15\
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    \15\ As with Reliability Standards, the Commission also reviews 
and approves revisions to the NERC glossary pursuant to FPA section 
215(d)(2). Further, the Commission may direct a modification to 
address a specific matter identified by the Commission pursuant to 
section 215(d)(5). See, e.g., Order No. 693, FERC Stats. and Regs. ] 
31,242 at P 1893-98.

    After the Fact: A time classification assigned to a Request for 
Interchange (RFI) when the submittal time is greater than one hour 
after the start time of the RFI.
    Emergency Request for Interchange: RFI to be initiated [for] 
Emergency or Energy Emergency conditions.
    Reliability Adjustment RFI: Request to modify an Implemented 
Interchange Schedule for reliability purposes.

2. Revised INT Reliability Standard Requirements
    11. NERC proposes a separate interchange response timing table for 
WECC, while responsible entities in the Eastern Interconnections, 
including ERCOT and Hydro-Quebec, will continue to follow a table 
largely based on the prior versions. The tables set forth the response 
times for various requests for interchange service according to 
priority and time of submittal. The WECC-specific table reflects the 
increased reliability assessment time that was approved in Order No. 
713. The expanded review time provides WECC entities ten minutes to 
respond to requests for interchange service submitted more than 60 
minutes and no less than 15 minutes prior to ramp start time and also 
permits on-time submittal of e-Tags up to 20 minutes prior to the 
operating hour. NERC also makes minor textual modifications to clarify 
that all entities subject to the INT Reliability Standards must respond 
to ``on-time'' requests, as well as to all requests for emergency and 
reliability adjustment interchange service,\16\ revises the tables to 
accommodate regions in which a response to arranged interchange is 
required, and clarifies INT-006-3, Measure M1 to correspond more 
closely to Requirement R1.
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    \16\ INT-006-003, Requirement R1.
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    12. NERC requests that the revised INT Reliability Standards be 
effective on the first day of the quarter three months after regulatory 
approval is granted.\17\
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    \17\ The petition makes no modification to the violation risk 
factors or violation severity levels for the revised INT Reliability 
Standards. Therefore, the currently effective violation risk factors 
and violation severity levels will continue to apply.
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3. Revised INT Reliability Standard Development
    13. In response to WECC's February 7, 2007 urgent action request, 
NERC

[[Page 30029]]

developed the version 2 INT Reliability Standards that were approved by 
the Commission in Order No. 713. Shortly after receiving the urgent 
action request, WECC and a joint NERC/NAESB \18\ work group submitted a 
Standards Authorization Request to NERC seeking permanent revisions to 
the INT Reliability Standards to accommodate the expanded WECC timing 
requirements. In developing the permanent revision, the version 2 INT 
Reliability Standard proposal was modified to incorporate the changes 
discussed above and the proposed glossary terms. After those revisions 
were made, the proposed INT Reliability Standards were approved by 
industry ballot and the NERC Board.
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    \18\ North American Energy Standards Board.
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II. Discussion

    14. The Commission proposes to approve Reliability Standards INT-
005-3, INT-006-3 and INT-008-3 and related glossary terms, effective as 
proposed by NERC, as discussed below. INT-006-3, Requirement R1 
requires communication between balancing authorities, transmission 
service providers and interchange authority regarding when to respond 
to a request for interchange service:

    Requirement R1: Prior to the expiration of the reliability 
assessment period defined in the timing requirements tables in this 
standard, Column B, the Balancing Authority and the Transmission 
Service Provider shall respond to each On-time Request for 
Interchange (RFI), and to each Emergency RFI and Reliability 
Adjustment RFI from an Interchange Authority to transition an 
Arranged Interchange to a Confirmed Interchange.

    15. INT-006-3 Requirement R1 cited above explicitly requires 
balancing authorities and transmission service providers to coordinate 
with interchange authorities concerning requests for interchange 
service. Balancing authorities and transmission operators must review 
proposed interchange transactions to ensure that transmission service 
is available and system limits will not be violated and inform the 
interchange authority whether a request may be confirmed.\19\ 
Reliability coordinators and transmission service providers must review 
composite energy interchange transaction information to ensure that 
their systems can accommodate the energy, generation is available based 
on start-up characteristics, and the scheduling path is available on 
both the local and adjacent systems.
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    \19\ See INT-005-3, Requirement R1; INT-006-3, Requirement R1 
(Response to Interchange Authority).
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    16. The revised INT Reliability Standards facilitate the reliable 
operation of the Bulk-Power System by providing WECC entities 
sufficient time to assess and respond to requests for interchange 
service and by clarifying timing requirements for all affected 
entities. The revisions finalize and improve upon the version 2 changes 
approved in Order No. 713. The Commission agrees that separating the 
WECC- and Eastern-Interconnection/ERCOT requirements in the timing 
tables adds clarity for entities operating in the WECC system. NERC's 
proposal retains slightly modified versions of the prior tables 
containing timing requirements for the Eastern Interconnection and 
ERCOT.
    17. NERC's proposal incorporates one important change from the 
version 2 requirements. As written, INT-006-002, Requirement R1 
requires responsible entities to ``respond to a request from an 
Interchange Authority to transition an Arranged Interchange to a 
Confirmed Interchange,'' suggesting that a response is required for all 
requests within the designated time periods. In version 3, the 
requirement clarifies that the applicable entity must respond to ``on-
time'' requests for interchange service within a given time period, and 
also to all requests for Emergency interchange service and Reliability 
Adjustment interchange service.\20\ Entities are required to respond to 
each of these latter two requests regardless of the timelines 
identified in the timing tables, with paperwork to follow later. Time 
classifications and deadlines apply to both initial arranged 
interchange submittals and any subsequent modifications to the arranged 
interchange.
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    \20\ See INT-006-3, Measure M1.
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    18. In light of the fact that the revised INT Reliability Standards 
were developed to address the problem that it was impossible for WECC 
entities to respond to certain requests for interchange service in the 
given time frame, and that the underlying e-Tags for these requests 
would expire, the Commission finds the clarification acceptable. 
Responsible entities are still required to respond to all on-time 
requests for interchange service, as well as all requests for Emergency 
interchange service and Reliability Adjustment interchange service. 
Balancing authorities and transmission service providers do not have to 
respond to any other interchange service requests.
    19. In Order No. 713, the Commission approved version 2 of the INT 
Reliability Standards, noting that NERC's compliance with the Order No. 
693 directive to modify Reliability Standard INT-006-1, is ongoing.\21\ 
While we propose to accept the current changes in light of NERC's 
efforts to modify the Reliability Standard, we remind NERC to ensure 
that the Commission's outstanding directives are addressed in future 
changes to the INT Reliability Standards. With this understanding, the 
Commission proposes to accept the revised INT Reliability Standards and 
associated glossary terms.
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    \21\ Order No. 713, 124 FERC ] 61,071 at P 67 (citing Order No. 
693, FERC Stats. & Regs. ] 31,242 at P 866).
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    20. The Commission seeks comment on its proposal.

III. Information Collection Statement

    21. The Office of Management and Budget (OMB) regulations require 
approval of certain information collection requirements imposed by 
agency rules.\22\ Upon approval of a collection(s) of information, OMB 
will assign an OMB control number and an expiration date. 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. The 
Paperwork Reduction Act (PRA) \23\ requires each federal agency to seek 
and obtain OMB approval before undertaking a collection of information 
directed to ten or more persons, or continuing a collection for which 
OMB approval and validity of the control number are about to 
expire.\24\ The PRA defines the phrase ``collection of information'' to 
be the ``obtaining, causing to be obtained, soliciting, or requiring 
the disclosure to third parties or the public, of facts or opinions by 
or for an agency, regardless of form or format, calling for either--(i) 
Answers to identical questions posed to, or identical reporting or 
recordkeeping requirements imposed on ten or more persons, other than 
agencies, instrumentalities, or employees of the United States; or (ii) 
answers to questions posed to agencies, instrumentalities, or employees 
of the United States which are to be used for general statistical 
purposes.'' \25\
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    \22\ 5 CFR 1320.11.
    \23\ 44 U.S.C. 3501-20.
    \24\ 44 U.S.C. 3502(3)(A)(i), 44 U.S.C. 3507(a)(3).
    \25\ 44 U.S.C. 3502(3)(A).
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    22. This NOPR proposes to approve the revised INT Reliability 
Standards developed by NERC as the ERO. Section

[[Page 30030]]

215 of the FPA authorizes the ERO to develop and enforce Reliability 
Standards that provide for an adequate level of reliability of the 
Bulk-Power System. Pursuant to the statute, the ERO must submit each 
Reliability Standard that it proposes to be made effective to the 
Commission for approval.\26\ The proposed Reliability Standard 
revisions do not require responsible entities to file information with 
the Commission. But the Reliability Standards do require responsible 
entities to develop and maintain certain information for a specified 
period of time, subject to inspection by the ERO or Regional Entities.
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    \26\ See 16 U.S.C. 824o(d).
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    23. The proposed requirements are mainly concerned with the timing 
of responses to requests for service rather than the required 
documentation. The existing documentation requirements were established 
pursuant to OMB control number 1902-0244.\27\ Under the existing 
requirements, affected entities were required to respond to all 
requests for service covered by the INT Reliability Standards. The 
proposed rule would clarify that entities need not respond to late 
requests for service (with exceptions for services needed for emergency 
or reliability purposes). Thus, the proposed rule does not establish 
any significant reporting obligations, but relieves affected entities 
of the burden of responding to late requests for service, other than 
requests for emergency or reliability service. The Commission does not 
consider this a significant burden.
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    \27\ This OMB control number was issued in Docket No. RM06-16-
000, Order No. 693, FERC Stats. and Regs. ] 31,242 at P 1907.
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    24. The Commission is submitting these reporting and recordkeeping 
requirements to OMB for its review and approval under section 3507(d) 
of the PRA. Comments are solicited on the Commission's need for this 
information, whether the information will have practical utility, the 
accuracy of provided burden estimates, ways to enhance the quality, 
utility, and clarity of the information to be collected, and any 
suggested methods for minimizing the respondent's burden, including the 
use of automated information techniques.
    Title: Revised Mandatory Reliability Standards for Interchange 
Scheduling and Coordination.
    Action: Proposed Collection.
    OMB Control No.: 1902-0244.
    Respondents: Businesses or other for-profit institutions; not-for-
profit institutions.
    Frequency of Responses: On occasion.
    Necessity of the Information: This proposed rule would approve 
revised Reliability Standards to specify the times for entities to 
respond to requests for interchange service, and clarify that entities 
need not respond to late requests other than requests for emergency or 
reliability related service. The proposed rule would find the revisions 
just, reasonable, not unduly discriminatory or preferential, and in the 
public interest. In addition, this proposed rule would approve new 
glossary terms.
    Internal Review: The Commission has reviewed the requirements 
pertaining to the revised Reliability Standards for the Bulk-Power 
System and determined that the proposed 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 information 
collection, communication and management within the energy industry. 
The Commission has assured itself, by means of internal review, that 
the revised requirements are not likely to increase the informational 
burden and that any resulting increase over existing requirements would 
be insignificant.
    25. Interested persons may obtain information on the reporting 
requirements by contacting the following: Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426 [Attention: 
Michael Miller, Office of the Executive Director, Phone: (202) 502-
8415, fax: (202) 273-0873, e-mail: <a href="/cdn-cgi/l/email-protection#f29f9b919a93979edc9f9b9e9e9780b294978091dc959d84"><span class="__cf_email__" data-cfemail="2d40444e454c48410340444141485f6d4b485f4e034a425b">[email protected]</span></a>].
    26. For submitting comments concerning the collection(s) of 
information and the associated burden estimate(s), please send your 
comments to the contact listed above and to the Office of Management 
and Budget, Office of Information and Regulatory Affairs, Washington, 
DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory 
Commission, phone (202) 395-7345, fax: (202) 395-7285, e-mail: <a href="/cdn-cgi/l/email-protection#f897918a99a78b8d9a95918b8b919796b897959ad69d9788d69f978e"><span class="__cf_email__" data-cfemail="8fe0e6fdeed0fcfaede2e6fcfce6e0e1cfe0e2eda1eae0ffa1e8e0f9">[email protected]</span></a>].

IV. 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.\28\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. The actions proposed here fall within the categorical 
exclusion in the Commission's regulations for rules that are 
clarifying, corrective or procedural, for information gathering, 
analysis, and dissemination.\29\ Accordingly, neither an environmental 
impact statement nor environmental assessment is required.
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    \28\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, FERC Stats. & Regs., Regs. Preambles 1986-1990 ] 
30,783 (1987).
    \29\ 18 CFR 380.4(a)(5).
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V. Regulatory Flexibility Act Certification

    28. The Regulatory Flexibility Act of 1980 (RFA) \30\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
Most of the entities to which the requirements of this rule would 
apply, i.e., interchange authorities, balancing authorities and 
transmission service providers, do not fall within the definition of 
small entities.\31\
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    \30\ 5 U.S.C. 601-12.
    \31\ The RFA definition of ``small entity'' refers to the 
definition provided in the Small Business Act, which defines a 
``small business concern'' as a business that is independently owned 
and operated and that is not dominant in its field of operation. See 
15 U.S.C. 632 (2000). According to the SBA, a small electric utility 
is defined as one that has a total electric output of less than four 
million MWh in the preceding year.
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    29. The proposed Reliability Standard revisions will not be a 
burden on the industry since most, if not all, of the applicable 
entities currently coordinate interchange information and the proposed 
Reliability Standard will simply provide a common framework for such 
coordination and responding to requests for service. Many, if not all, 
of the affected entities already have procedures in place to respond to 
requests for service and document such responses. Accordingly, the 
Commission certifies that the proposed INT Reliability Standard 
revisions will not have a significant adverse impact on a substantial 
number of small entities.
    30. Based on this understanding, the Commission certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities. Accordingly, no regulatory flexibility 
analysis is required.

VI. Comment Procedures

    31. The Commission invites interested persons to submit comments on 
the matters and issues proposed to be adopted in this notice, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due July 24, 2009. Comments must refer to 
Docket No. RM09-8-000, and must include the commenter's name, the 
organization

[[Page 30031]]

they represent, if applicable, and their address in their comments.
    32. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    33. Commenters unable to file electronically must send an original 
and 14 copies of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street, NE., 
Washington, DC 20426.
    34. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VII. Document Availability

    35. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    36. From FERC's Home Page on the Internet, this information is 
available on eLibrary. The full text of this document is available on 
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or 
downloading. To access this document in eLibrary, type the docket 
number excluding the last three digits of this document in the docket 
number field.
    37. User assistance is available for eLibrary and the FERC's Web 
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at 
<a href="/cdn-cgi/l/email-protection#c9afacbbaaa6a7a5a0a7acbabcb9b9a6bbbd89afacbbaae7aea6bf"><span class="__cf_email__" data-cfemail="5a3c3f283935343633343f292f2a2a35282e1a3c3f2839743d352c">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. E-mail the Public Reference Room at 
<a href="/cdn-cgi/l/email-protection#f8888d9a94919bd68a9d9e9d8a9d969b9d8a979795b89e9d8a9bd69f978e"><span class="__cf_email__" data-cfemail="58282d3a34313b762a3d3e3d2a3d363b3d2a373735183e3d2a3b763f372e">[email protected]</span></a>.

List of Subjects in 18 CFR Part 40

    Electric power; Reporting and recordkeeping requirements.

    By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-14783 Filed 6-23-09; 8:45 am]
BILLING CODE 6717-01-P


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