
[Federal Register: December 24, 2009 (Volume 74, Number 246)]
[Rules and Regulations]               
[Page 68372-68376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de09-3]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM09-8-000; Order No. 730]

 
Revised Mandatory Reliability Standards for Interchange 
Scheduling and Coordination

Issued December 17, 2009.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: Pursuant to section 215 of the Federal Power Act, the Federal 
Energy Regulatory Commission hereby approves the North American 
Electric Reliability Corporation's revision of three Commission-
approved Reliability Standards, designated INT-005-3, Interchange 
Authority Distributes Arranged Interchange; INT-006-3, Response to 
Interchange Authority; and INT-008-3, Interchange Authority Distributes 
Status.

DATES: Effective Date: The Final Rule will become effective January 25, 
2010.

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, Telephone: 
(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, Telephone: 
(202) 502-6503.
Richard M. Wartchow (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, Telephone: (202) 502-8744.

SUPPLEMENTARY INFORMATION:
    Before Commissioners: Jon Wellinghoff, Chairman; Suedeen G. Kelly, 
Marc Spitzer, and Philip D. Moeller.

Order No. 730

Final Rule

Issued December 17, 2009

    1. Pursuant to section 215 of the Federal Power Act (FPA), the 
Commission hereby approves three revised 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 
Distribution of Information.\1\ The approved changes provide 
consistency in responding to interchange requests by clarifying timing 
requirements for all affected entities, and facilitate the reliable 
operation of the Bulk-Power System by providing Western Electricity 
Coordinating Council (WECC) entities sufficient time to assess and 
respond to requests for interchange service.
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    \1\ 16 U.S.C. 824o. The Commission is not adding any new or 
modified text to its regulations.
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I. Background

A. EPAct 2005 and Mandatory Reliability Standards

    2. Section 215 of the FPA requires a Commission-certified Electric 
Reliability Organization (ERO) to develop mandatory and enforceable 
Reliability Standards, which are subject to Commission review and 
approval. 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 the public interest.\2\ 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.\3\ 
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. Once approved, the Reliability Standards may be enforced by the 
ERO, subject to Commission oversight, or by the Commission 
independently.\4\
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    \2\ 16 U.S.C. 824o(d)(2).
    \3\ 16 U.S.C. 824o(d)(4).
    \4\ See 16 U.S.C. 824o(e)(3).
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    3. Pursuant to section 215 of the FPA, the Commission established a 
process to select and certify an ERO \5\ and, subsequently, certified 
NERC as the ERO.\6\ On April 4, 2006, as modified on August 28, 2006, 
NERC submitted to the Commission a petition seeking approval of 107 
proposed Reliability Standards. On March 16, 2007, the Commission 
issued a Final Rule, Order No. 693, approving 83 of these 107 
Reliability Standards and directing other action related to these 
Reliability Standards.\7\ In addition, pursuant to section 215(d)(5) of 
the FPA, the Commission directed NERC to develop modifications to 56 of 
the 83 approved Reliability Standards.\8\
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    \5\ 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).
    \6\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006), aff'd 
Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
    \7\ Mandatory Reliability Standards for the Bulk-Power System, 
Order No. 693, FERC Stats. & Regs. ] 31,242, order on reh'g, Order 
No. 693-A, 120 FERC ] 61,053 (2007).
    \8\ 16 U.S.C. 824o(d)(5).
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B. Order No. 713

    4. In response to a February 7, 2007 urgent action request from 
WECC, NERC developed the version 2 INT Reliability Standards, which 
were approved by the

[[Page 68373]]

Commission in Order No. 713.\9\ The version 2 changes increased from 
five to ten minutes the time for entities in the Western 
Interconnection to assess interchange requests submitted from 30 to 60 
minutes before the requested start time.\10\ The approved version 2 
Reliability Standards responded to a problem that balancing authorities 
and transmission service providers in WECC were unable to review 
certain interchange service requests during the then universal five 
minute assessment time.\11\ This inability caused the e-Tag requests to 
be denied, requiring resubmission and creating both frustration and 
inefficiencies.\12\
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    \9\ Modification of Interchange and Transmission Loading Relief 
Reliability Standards; and Electric Reliability Organization 
Interpretation of Specific Requirements of Four Reliability 
Standards, Order No. 713, 124 FERC ] 61,071, at P 58-67 (2008).
    \10\ Interchange service refers to requests for energy transfers 
that cross balancing authority boundaries. See NERC Glossary of 
Terms Used in Reliability Standards (as revised) (glossary), 
Interchange (2009). The glossary was originally filed with NERC's 
April 4, 2006 Request for Approval of Reliability Standards in 
Docket No. RM06-16-000 and was affirmed in Order No. 693, FERC 
Stats. and Regs. ] 31,242. The glossary is appended to the 
Reliability Standards and is available on the NERC Web site, http://
www.nerc.com.
    \11\ It was originally anticipated that different practices in 
the Western Interconnection would be reflected in a regional 
difference. However the regional difference was withdrawn, making 
WECC entities subject to the same practices in effect for the 
Eastern Interconnection. See NERC, Compliance Filing, RM08-16-000 
(Jun. 14, 2007) (responding to Commission directive in Order No. 
693, FERC Stats. and Regs. ] 31,242 at P 825, and withdrawing 
request for approval of regional difference for the Western 
Interconnection).
    \12\ Order No. 713, 124 FERC ] 61,071 at P 63.
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    5. NERC's action in response to an urgent action request must be 
made permanent, through a full vetting in the regular standards-
development process. Shortly after receiving the urgent action request, 
WECC and a joint NERC/NAESB \13\ 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 response, NERC developed the permanent revisions 
embodied in the version 2 INT Reliability Standards, along with new 
glossary terms, discussed more fully below.\14\
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    \13\ North American Energy Standards Board.
    \14\ 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.
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C. NERC Filing

    6. On February 5, 2009, NERC filed a petition for Commission 
approval of the version 3 INT Reliability Standards, INT-005-3; INT-
006-3; and INT-008-3.\15\ Reliability Standard INT-005-3 applies to 
interchange authorities and is intended to ``ensure that the 
implementation of Interchange between Source and Sink Balancing 
Authorities is distributed by an Interchange Authority such that 
Interchange information is available for reliability assessments.'' 
\16\ Reliability Standard INT-006-3 applies to balancing authorities 
and transmission service providers and is intended to ``ensure that 
each Arranged Interchange is checked for reliability before it is 
implemented.'' \17\ Reliability Standard INT-008-3 applies to 
interchange authorities and is intended to ``ensure that the 
implementation of Interchange between Source and Sink Balancing 
Authorities is coordinated by an Interchange Authority.'' \18\ Thus, 
INT-008-3 contains requirements establishing an interchange authority's 
responsibilities to oversee and coordinate the interchange of 
electricity from one balancing authority to another.
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    \15\ 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.
    \16\ INT-005-3, Purpose Statement.
    \17\ INT-006-3, Purpose Statement.
    \18\ INT-008-3, Purpose Statement.
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    7. The revised INT Reliability Standards incorporate separate 
timing tables for the Western Interconnection and the Eastern 
Interconnections, which includes Electric Reliability Council of Texas 
(ERCOT) and Hydro-Quebec. Consistent with Order No. 713, these tables 
affirm and clarify the increase in the reliability assessment times for 
WECC from five minutes to ten minutes for requests submitted less than 
60 minutes and no less than 15 minutes prior to ramp start time. The 
tables specify Western Interconnection response times and clarify that 
balancing authorities and transmission service providers may submit on-
time e-Tags \19\ 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.\20\ NERC revises the version 3 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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    \19\ 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); see also Order No. 693, FERC Stats. & Regs. ] 31,242 at P 
795.
    \20\ INT-006-003, Requirement R1.
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    8. Revised Requirement R1 of INT-006-003 clarifies that balancing 
authorities and transmission service providers in all interconnections 
must respond to ``on-time'' requests for interchange service, as well 
as to each request for Emergency and Reliability Adjustment interchange 
services. To implement these requirements, NERC proposes three related 
definitions for 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 referenced in the timing tables:

    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.

    9. NERC states that the version 3 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. In addition, establishing a separate timing table for WECC 
clarifies 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 and proposing appropriate responses 
under the Reliability Standards. NERC reports that the new terms 
incorporated in the timing tables are consistent with existing industry 
e-Tag specifications, which are 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.
    10. Consistent with the NERC Rules, a NERC-assembled ballot body, 
consisting of industry stakeholders, developed the revisions using the 
NERC Reliability Standards Development

[[Page 68374]]

Procedure.\21\ The NERC Board of Trustees (Board) approved the 
revisions.\22\ NERC requests that the revised INT Reliability Standards 
be effective on the first day of the quarter, three months after 
regulatory approval is granted.\23\
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    \21\ See NERC's Rules of Procedures, Appendix 3A.
    \22\ NERC petition at 3.
    \23\ 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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D. Notice of Proposed Rulemaking (NOPR) and Comment

    11. On June 18, 2009, the Commission issued a NOPR seeking comment 
on its proposal to approve NERC's revisions to Reliability Standards 
INT-005-3, INT-006-3 and INT-008-3.\24\
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    \24\ Electric Reliability Organization Revised Mandatory 
Reliability Standards for Interchange Scheduling and Coordination, 
Notice of Proposed Rulemaking, 74 FR 30027 (Jun. 24, 2009), FERC 
Stats. & Regs. ] 32,643 (2009) (NOPR).
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    12. No participant filed comments opposing the Commission's 
proposal to approve NERC's revised INT Reliability Standards. In fact, 
Ameren Services Co. filed the sole comment, requesting clarification 
that a NOPR reference to ``transmission operators'' was not intended to 
modify the Reliability Standard requirements, which apply to 
transmission service providers. The reference is corrected to refer to 
``transmission service providers'' in the discussion in this order.

II. Discussion

    13. Pursuant to section 215(d) of the FPA, the Commission approves 
Reliability Standards INT-005-3, INT-006-3 and INT-008-3 and the 
related glossary terms as mandatory and enforceable. 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 before the underlying e-
Tags for these requests expire, and by clarifying timing requirements 
for all affected entities.
    14. These version 3 INT Reliability Standards 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. In addition, retaining the slightly modified 
versions of the prior timing tables for the Eastern Interconnection and 
ERCOT helps to ensure consistency in responding to interchange requests 
in those areas.
    15. Accordingly, the Commission finds that the ERO's revisions are 
just, reasonable, not unduly discriminatory or preferential, and in the 
public interest. Therefore, the Commission approves the revised INT 
Reliability Standards as mandatory and enforceable, effective as 
requested.\25\ While we are accepting the revised INT Reliability 
Standards, the Commission will discuss below specific issues, in 
particular the changes to Reliability Standard INT-006-3 to highlight 
the effect on reliability.
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    \25\ 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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Specific Issues

    16. INT-006-3, Requirement R1 requires communication between 
balancing authorities, transmission service providers, and an 
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.

    17. Balancing authorities and transmission service providers must 
review proposed interchange transactions to ensure that transmission 
service is available and system limits are not violated and must inform 
the interchange authority whether a request may be confirmed.\26\ 
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 local and adjacent systems.
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    \26\ See INT-005-3, Requirement R1; INT-006-3, Requirement R1 
(Response to Interchange Authority).
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    18. NERC's proposal incorporates one important change from the 
version 2 requirements. The prior revision, reflected in version 2, 
requires responsible entities to ``respond to a request from an 
Interchange Authority to transition an Arranged Interchange to a 
Confirmed Interchange.'' This language suggests that a response is 
required for requests within the designated time periods. In version 3, 
Requirement R1 is clarified, directing the applicable entity to respond 
to ``on-time'' requests for interchange service within a given time 
period, and also to all Emergency and Reliability Adjustment requests 
for interchange service.\27\ 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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    \27\ See INT-006-3, Measure M1.
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    19. The Commission finds the clarification to INT-006-3, 
Requirement R1 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.
    20. 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.\28\ 
While we accept the current changes, in light of NERC's efforts to 
modify the Reliability Standards, we remind NERC to ensure the 
Commission's outstanding directives are addressed in future changes to 
the INT Reliability Standards.
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    \28\ 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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    21. Consistent with the NOPR, the Commission finds the revisions to 
the three revised INT Reliability Standards, INT-005-3, INT-006-3 and 
INT-008-3, and the associated glossary terms reasonable in providing 
consistent and clear rules for responding to interchange service 
requests. The Commission accepts the revised INT Reliability Standards 
as mandatory and enforceable and the related glossary terms, as 
discussed.

III. Information Collection Statement

    22. The Office of Management and Budget (OMB) regulations require 
that OMB approve certain reporting and recordkeeping (collections of 
information) imposed by an agency.\29\ The information contained here 
is also subject to review under section 3507(d) of the Paperwork 
Reduction Act of 1995.\30\
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    \29\ 5 CFR 1320.11.
    \30\ 44 U.S.C. 3507(d).
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    23. As stated above, the Commission previously approved, in Order 
No. 693, each of the Reliability Standards that are

[[Page 68375]]

the subject of the current rulemaking. This Final Rule approves 
revisions to three previously approved Reliability Standards (as 
revised) developed by NERC as the ERO. The approved revisions relate to 
existing Reliability Standards and do not substantially change the 
requirements or reporting obligations established by these standards; 
therefore, they do not add to or otherwise increase entities' current 
reporting burden. Thus, the Final Rule does not materially and 
adversely affect the burden estimates relating to the currently 
effective version of the Reliability Standards presented in Order No. 
693.
    24. Reliability Standards INT-005-3, INT-006-3, and INT-008-3 that 
are the subject of the approved revisions were approved in Order No. 
693, and the related information collection requirements were reviewed 
and approved, accordingly.\31\ The approved revisions do not modify or 
otherwise affect the collection of information already in place. With 
respect to the INT Reliability Standards, the revisions are mainly 
concerned with the timing of responses to requests for service rather 
than the required documentation.\32\ Under the existing requirements, 
affected entities were required to respond to all requests for service 
covered by the INT Reliability Standards, while the approved revisions 
clarify that entities need not respond to late requests for service 
(with exceptions for services needed for emergency or reliability 
purposes). As we noted above, the revisions continue to be consistent 
with existing industry e-Tag specifications used to request and arrange 
interchange service and will ensure uniform treatment for all entities 
subject to the INT Reliability Standards. The revised provisions apply 
to processing requests for service in the next hour, typically for 
economy energy exchanges, and should not result in a noticeable change 
in the e-Tagging practices for power sales or in the fulfillment of 
exchanges or ability to attain cost savings. In fact, the revisions 
should facilitate cost saving by affirming that utilities must respond 
to all emergency or reliability exchange services requests, providing 
parties submitting late requests with an opportunity to correct their 
error.
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    \31\ See Order No. 693, FERC Stats. & Regs. ] 31,242 at P 1901-
07.
    \32\ The OMB control number used in this analysis was issued in 
Docket No. RM06-16-000, Order No. 693, FERC Stats. and Regs. ] 
31,242 at P 1907 and incorporated to support the information 
collection statement in Order No. 713, 124 FERC ] 61,071 at P 69.
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    25. Finally, the revisions do not establish any significant 
reporting obligations. The Commission does not consider this a 
significant burden. We did not receive any comments on our 
determination in the NOPR with respect to the reporting burden. We will 
submit this Final Rule to OMB for informational purposes.
    Title: FERC-725A, Electric Reliability Organization Revised 
Mandatory Reliability Standards for Interchange Scheduling and 
Coordination.
    Action: Final Rule.
    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 Final Rule approves revisions of 
three Commission-approved Reliability Standards. The Final Rule finds 
that the revisions promote reliable operation of the Bulk-Power System; 
are just, reasonable, not unduly discriminatory or preferential; and in 
the public interest.
    26. 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: michael.miller@ferc.gov].
    27. 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 Information 
and Regulatory Affairs, Office of Information and Regulatory Affairs, 
Washington, DC 20503 [Attention: Desk Officer for the Federal Energy 
Regulatory Commission, phone (202) 395-4638, fax: (202) 395-7285, e-
mail: oira_submission@omb.eop.gov].

IV. Environmental Analysis

    28. 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.\33\ 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.\34\ The actions proposed 
herein fall within this categorical exclusion in the Commission's 
regulations.
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    \33\ Regulations Implementing National Environmental Policy Act 
of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \34\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act Analysis

    29. The Regulatory Flexibility Act of 1980 (RFA) \35\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The RFA mandates consideration of regulatory alternatives that 
accomplish the stated objectives of a proposed rule and that minimize 
any significant economic impact on a substantial number of small 
entities. The Small Business Administration's Office of Size Standards 
develops the numerical definition of a small business.\36\ For electric 
utilities, a firm is small if, including its affiliates, it is 
primarily engaged in the transmission, generation and/or distribution 
of electric energy for sale and its total electric output for the 
preceding twelve months did not exceed four million megawatt hours. The 
RFA is not implicated by this Final Rule because the revisions 
discussed herein will not have a significant economic impact on a 
substantial number of small entities.
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    \35\ 5 U.S.C. 601-12.
    \36\ See 13 CFR 121.201.
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    30. In Order No. 693, the Commission adopted policies to minimize 
the burden on small entities, including approving the ERO compliance 
registry process to identify those entities responsible for complying 
with mandatory and enforceable Reliability Standards. The ERO registers 
only those distribution providers or load serving entities that have a 
peak load of 25 MW or greater and are directly connected to the bulk 
electric system or are designated as a responsible entity as part of a 
required under-frequency load shedding program or a required under-
voltage load shedding program. Similarly, for generators, the ERO 
registers only individual units of 20 MVA or greater that are directly 
connected to the bulk electric system, generating plants with an 
aggregate rating of 75 MVA or greater, any blackstart unit material to 
a restoration plan, or any generator that is material to the 
reliability of the Bulk-Power System. Further, the ERO will not 
register an entity that meets the above criteria if it has transferred 
responsibility for compliance with mandatory Reliability Standards to a 
joint action agency or other organization. The Commission

[[Page 68376]]

estimated that the Reliability Standards approved in Order No. 693 
would apply to approximately 682 small entities (excluding entities in 
Alaska and Hawaii), but also pointed out that the ERO's Compliance 
Registry Criteria allow for a joint action agency, generation and 
transmission (G&T) cooperative or similar organization to accept 
compliance responsibility on behalf of its members. Once these 
organizations register with the ERO, the number of small entities 
registered with the ERO will diminish and, thus, significantly reduce 
the impact on small entities.\37\
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    \37\ To be included in the compliance registry, the ERO 
determines whether a specific small entity has a material impact on 
the Bulk-Power System. If these small entities should have such an 
impact then their compliance is justifiable as necessary for Bulk-
Power System reliability.
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    31. Finally, as noted above, this Final Rule addresses revisions of 
the INT Reliability Standards, which were already approved in Order No. 
693, and, therefore, do not create an additional regulatory impact on 
small entities.

VI. Document Availability

    32. 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 p.m. Eastern time) at 888 First Street, NE., Room 2A, 
Washington, DC 20426.
    33. 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.
    34. User assistance is available for eLibrary and the Commission'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 
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at 
public.referenceroom@ferc.gov.

VII. Effective Date and Congressional Notification

    35. These regulations are effective January 25, 2010. 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 a ``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement Fairness Act of 1996.

List of Subjects in 18 CFR Part 40

    Electric power, Electric utilities, Reporting and recordkeeping 
requirements.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-30587 Filed 12-23-09; 8:45 am]

BILLING CODE 6717-01-P
