
[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Proposed Rules]
[Pages 58405-58410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24282]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 39

[Docket No. RM15-25-000]


Availability of Certain North American Electric Reliability 
Corporation Databases to the Commission

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes 
to amend its regulations to require the North American Electric 
Reliability Corporation (NERC) to provide the Commission, and 
Commission staff, with access, on a non-public and ongoing basis, to 
certain databases compiled and maintained by NERC. The Commission's 
proposal applies to the following NERC databases: The Transmission 
Availability Data System, the Generating Availability Data System, and 
the protection system misoperations database. Access to these 
databases, which will be limited to data regarding U.S. facilities, 
will provide the Commission with information necessary to determine the 
need for new or modified Reliability Standards and to better understand 
NERC's periodic reliability and adequacy assessments.

DATES: Comments are due November 30, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.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.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: 
Raymond Orocco-John (Technical Information), Office of Electric 
Reliability, Federal Energy Regulatory Commission, 888 First Street 
NE., Washington, DC 20426, Telephone: (202) 502-6593, Raymond.Orocco-John@ferc.gov.
Matthew Vlissides (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, Telephone: (202) 502-8408, Matthew.Vlissides@ferc.gov.

SUPPLEMENTARY INFORMATION: 
    1. The Commission proposes to amend its regulations, pursuant to 
section 215 of the Federal Power Act (FPA), to require the North 
American Electric Reliability Corporation (NERC), the Commission-
certified Electric Reliability Organization (ERO), to provide the 
Commission, and Commission staff, with access (i.e., view and download 
data), on a non-public and ongoing basis, to certain databases compiled 
and maintained by NERC. The Commission's proposal applies to the 
following three NERC databases: (1) The Transmission Availability Data 
System (TADS), (2) the Generating Availability Data System (GADS), and 
(3) the protection system misoperations database. Access to these 
databases, which will be limited to data regarding U.S. facilities, 
will provide the Commission with information necessary for the 
Commission to determine the need for new or modified Reliability 
Standards and to better understand NERC's periodic reliability and 
adequacy assessments.

I. Background

A. Section 215 and Order No. 672

    1. 2. Section 215 of the FPA requires the ERO to develop mandatory 
and enforceable Reliability Standards, subject to Commission review and 
approval. Reliability Standards may be enforced by NERC, subject to 
Commission oversight, or by the Commission independently.\1\ In 
addition, section 215(g) of the FPA requires the ERO to conduct 
periodic assessments of the reliability and adequacy of the Bulk-Power 
System in North America.\2\ Pursuant to section 215 of the FPA, the 
Commission established a process to select and certify an ERO,\3\ and 
subsequently certified NERC.\4\
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    \1\ 16 U.S.C. 824o(e).
    \2\ Id. 824o(g).
    \3\ 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).
    \4\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006), 
aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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    3. Section 39.2(d) of the Commission's regulations requires NERC 
and each Regional Entity to ``provide the Commission such information 
as is necessary to implement section 215 of

[[Page 58406]]

the Federal Power Act.'' \5\ Section 39.2(d) of the Commission's 
regulations also requires each user, owner and operator of the Bulk-
Power System within the United States (other than Alaska and Hawaii) to 
provide the Commission, NERC and each applicable Regional Entity with 
``such information as is necessary to implement section 215 of the 
Federal Power Act as determined by the Commission and set out in the 
Rules of the Electric Reliability Organization and each applicable 
Regional Entity.'' \6\
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    \5\ 18 CFR 39.2(d).
    \6\ Id.
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    4. The Commission promulgated section 39.2(d) of its regulations in 
Order No. 672.\7\ The Commission explained in Order No. 672 that:
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    \7\ Order No. 672, FERC Stats. & Regs. ] 31,204 at P 114.

    The Commission agrees . . . that, to fulfill its obligations 
under this Final Rule, the ERO or a Regional Entity will need access 
to certain data from users, owners and operators of the Bulk-Power 
System. Further, the Commission will need access to such information 
as is necessary to fulfill its oversight and enforcement roles under 
the statute.\8\
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    \8\ Id.
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B. NERC Databases

    5. NERC conducts ongoing data collections from registered entities 
to populate databases for transmission outages through TADS, generation 
outages through GADS, and protection system misoperations through 
NERC's protection system misoperations database. Each of these NERC 
databases is discussed below.
1. TADS Database
    6. NERC began collecting TADS data on a mandatory basis in 2007 by 
issuing a Phase I data request pursuant to section 1600 of the NERC 
Rules of Procedure.\9\ The request required that, beginning in January 
2008, applicable entities provide certain data for the TADS database 
based on a common template.\10\ In 2010, NERC began collecting Phase II 
TADS data, which include additional fields of information on 
transmission outages.\11\
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    \9\ See generally NERC, Summary of Phase I TADS Data Collection 
(November 9, 2007), available at http://www.nerc.com/pa/RAPA/tads/TADSTF%20Archives%20DL/TADS_Data_Request_Summary.pdf.
    \10\ See generally NERC, Transmission Availability Data System 
(TADS) Data Reporting Instruction Manual (November 20, 2007), 
available at http://www.nerc.com/comm/PC/Transmission%20Availability%20Data%20System%20Working%20Grou/TADSTF%20Archives/Data_Reporting_Instr_Manual_11_20_07.pdf.
    \11\ See generally NERC, Transmission Availability Data System 
Phase II Final Report (September 11, 2008), available at http://www.nerc.com/pa/RAPA/tads/TransmissionAvailabilityDataSyatemRF/TADS_Phase_II_Final_Report_091108.pdf.
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    7. Currently, the TADS database compiles transmission outage data 
in a common format for: (1) Bulk electric system AC circuits (overhead 
and underground); (2) transmission transformers (except generator step-
up units); (3) bulk electric system AC/DC back-to-back converters; and 
(4) bulk electric system DC circuits.\12\ The TADS data collection 
template includes the following information fields: (1) Type of 
facilities, (2) outage start time and duration, (3) event type, (4) 
initiating cause code, and (5) sustained cause code (for sustained 
outages).\13\ ``Cause codes'' for common causes of transmission outages 
include: (1) Lightning, (2) fire, (3) vandalism, (4) failed equipment 
(with multiple sub-listings), (5) vegetation, and (6) ``unknown.'' \14\ 
There were 10,787 TADS events between 2012 and 2014.\15\
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    \12\ See NERC TADS Home Page, available at http://www.nerc.com/pa/RAPA/tads/Pages/default.aspx.
    \13\ See Transmission Availability Data System (TADS) Data 
Reporting Instruction Manual (August 1, 2014), available at http://www.nerc.com/pa/RAPA/tads/Documents/2015_TADS_DRI.pdf.
    \14\ See Transmission Availability Data System Definitions 
(August 1, 2014), available at http://www.nerc.com/pa/RAPA/tads/Documents/2015_TADS_Appendix_7.pdf.
    \15\ See, e.g., NERC, State of Reliability 2015, Appendix A 
(Statistical Analysis for Risk Issue Identification and Transmission 
Outage Severity Analysis) at 86 (May 2015), available at http://www.nerc.com/pa/RAPA/PA/Performance%20Analysis%20DL/2015%20State%20of%20Reliability.pdf.
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    8. NERC uses TADS data to develop transmission metrics to analyze 
outage frequency, duration, causes, and other factors related to 
transmission outages.\16\ NERC also provides individual transmission 
owners with TADS metrics for their facilities.\17\ NERC issues an 
annual public report based on TADS data that shows aggregate metrics 
for each NERC Region, with the underlying data typically accorded 
confidential treatment.\18\
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    \16\ See NERC TADS Home Page.
    \17\ Id.
    \18\ Id.
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2. GADS Database
    9. The collection of GADS data has been mandatory since 2012, 
pursuant to a data request issued in accordance with section 1600 of 
the NERC Rules of Procedure.\19\ The GADS database collects, records, 
and retrieves operating information on power plant availability, 
including event, performance, and design data.\20\ GADS data are used 
to support equipment reliability and availability analyses, as well as 
benchmarking studies.\21\
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    \19\ See NERC, Generating Availability Data System Mandatory 
Reporting of Conventional Generation Performance Data at 2 (July 
2011), available at http://www.nerc.com/pa/RAPA/gads/MandatoryGADS/Revised_Final_Draft_GADSTF_Recommendation_Report.pdf; see also NERC 
GADS Home Page, available at http://www.nerc.com/pa/RAPA/gads/Pages/default.aspx.
    \20\ See NERC GADS Home Page.
    \21\ Id.
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    10. Currently, GADS collects outage data pertaining to ten types of 
conventional generating units with capacity of 20 MW and larger, 
including: (1) Fossil steam including fluidized bed design; (2) 
nuclear; (3) gas turbines/jet engines; (4) internal combustion engines 
(diesel engines); (5) hydro units/pumped storage; (6) combined cycle 
blocks and their related components; (7) cogeneration blocks and their 
related components; (8) multi-boiler/multi-turbine units; (9) 
geothermal units; and (10) other miscellaneous conventional generating 
units (e.g., biomass, landfill gases).\22\ The GADS data collection 
template includes the following design, event, and performance 
information: (1) Design records, (2) event records and (3) performance 
records.\23\ Design records refer to the characteristics of each unit 
such as GADS utility code, GADS unit code, NERC Regional Entity where 
the unit is located, name of the unit, commercial operating date, and 
type of generating unit (fossil, combined cycle, etc.).\24\ Event 
records include information about when and to what extent the 
generating unit could not generate power.\25\ Performance records refer 
to monthly generation, unit-attempted starts, actual starts, summary 
event outage information, and fuels.\26\ NERC has developed ``cause 
codes'' for the identification of common causes of unit outages based 
on the type of generating unit.\27\ For example, the cause codes 
section for fossil steam units includes codes for the boiler, steam 
turbine, generator, balance of plant, pollution control equipment, 
external, regulatory, safety and environmental, personnel errors, and 
performance testing.\28\ For 2011-2013,

[[Page 58407]]

the GADS database contains data from more than 5,000 units.\29\
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    \22\ Generating Availability Data System Mandatory Reporting of 
Conventional Generation Performance Data at 15.
    \23\ Id., Appendix V (Rules of Procedure Section 1600 
Justification) at 35.
    \24\ Id.
    \25\ Id.
    \26\ Id.
    \27\ NERC, Generating Availability Data System Data Reporting 
Instructions (January1, 2015), Appendix B (Index to System/Component 
Cause Codes) at 1, available at http://www.nerc.com/pa/RAPA/gads/DataReportingInstructions/Appendix_B1_Fossil_Steam_Unit_Cause_Codes.pdf.
    \28\ Id.
    \29\ State of Reliability 2015, Appendix B (Analysis of 
Generation Data) at 107.
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    11. NERC uses GADS data to measure generation reliability and 
publishes aggregate performance metrics for each NERC Region in 
publicly available annual state of reliability and reliability 
assessment reports.\30\ The underlying data are typically accorded 
confidential treatment.
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    \30\ See, e.g., id., Appendix B (Analysis of Generation Data).
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3. Protection System Misoperations Database
    12. Protection system misoperations data have been reported by 
transmission owners, generator owners and distribution providers on a 
mandatory basis since 2011 pursuant to Reliability Standard PRC-
004.\31\ Following implementation of Reliability Standard PRC-004-4, 
the obligation to report misoperation data will be made mandatory 
through a data request pursuant to section 1600 of the NERC Rules of 
Procedure.\32\
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    \31\ The Commission approved Reliability Standard PRC-004-1 
(Analysis and Reporting of Transmission Protection System 
Misoperations) in Order No. 693. Mandatory Reliability Standards for 
the Bulk-Power System, Order No. 693, FERC Stats. & Regs. ] 31,242, 
at PP 1467-1469, order on reh'g, Order No. 693-A, 120 FERC ] 61,053 
(2007). The Commission subsequently approved the following revisions 
and interpretations to Reliability Standard PRC-004, which was 
renamed Analysis and Mitigation of Transmission and Generation 
Protection System Misoperations: Reliability Standards PRC-004-1a, 
PRC-004-2, PRC-004-2a, PRC-004-2.1a, PRC-004-2.1(i)a, PRC-004-3, and 
PRC-004-4. See North American Electric Reliability Corporation, 136 
FERC ] 61,208 (2011) (approving interpretation resulting in 
Reliability Standard PRC-004-1a and Reliability Standard PRC-004-
2a); North American Electric Reliability Corp., 134 FERC ] 61,015 
(2011) (approving Reliability Standard PRC-004-2); Generator 
Requirements at the Transmission Interface, Order No. 785, 144 FERC 
] 61,221 (2012) (approving Reliability Standard PRC-004-2.1a); North 
American Electric Reliability Corp., 151 FERC ] 61,129 (2015) 
(approving Reliability Standard PRC-004-3); North American Electric 
Reliability Corporation, 151 FERC ] 61,186 (2015) (approving 
Reliability Standards PRC-004-2.1(i)a and PRC-004-4).
    \32\ See generally NERC, Request for Data or Information 
Protection System Misoperation Data Collection (August 14, 2014), 
available at http://www.nerc.com/pa/RAPA/ProctectionSystemMisoperations/PRC-004-3%20Section%201600%20Data%20Request_20140729.pdf. Reliability 
Standard PRC-004-4 will become enforceable on July 1, 2016.
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    13. Currently, the protection system misoperations database 
collects more than 20 fields for a reportable misoperation event, 
including: (1) Misoperation date; (2) event description; (3) protection 
systems/components that misoperated; (4) equipment removed from service 
(permanently or temporarily) as the result of the misoperation; (5) 
misoperation category; and (6) cause(s) of misoperation.\33\ For 2014, 
the protection system misoperations database contains information on 
approximately 2,000 misoperation events.\34\
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    \33\ Id. at 13-14; see also NERC, Protection System 
Misoperations Home Page, available at http://www.nerc.com/pa/RAPA/ri/Pages/ProtectionSystemMisoperations.aspx.
    \34\ State of Reliability 2015 at 47.
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    14. Protection system misoperations have exacerbated the severity 
of most cascading power outages, having played a significant role in 
the August 14, 2003 Northeast blackout, for example.\35\ NERC uses 
protection system misoperations data to assess protection system 
performance and trends in protection system performance that may 
negatively impact reliability.\36\ NERC publishes aggregate 
misoperation information for each NERC Region in annual public state of 
reliability reports, with the underlying data typically being accorded 
confidential treatment.\37\
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    \35\ See Request for Data or Information Protection System 
Misoperation Data Collection at 5.
    \36\ See id. at 14.
    \37\ See, e.g., State of Reliability 2015 at 45-48.
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II. Discussion

    15. The Commission proposes to amend the Commission's regulations 
to require NERC to provide the Commission, and Commission staff, with 
access (i.e., view and download data), on an ongoing and non-public 
basis, to the TADS, GADS, and protection system misoperations 
databases. As discussed below, the Commission believes that access to 
these three NERC databases, which will be limited to data regarding 
U.S. facilities, is necessary to carry out the Commission's obligations 
under section 215 of the FPA.
    16. Under section 215 of the FPA, the Commission has jurisdiction 
over, and is responsible for oversight of, the activities and functions 
of the ERO and Regional Entities in the United States.\38\ The 
development and maintenance of NERC databases such as TADS, GADS, and 
protection system misoperations are section 215 jurisdictional 
activities.\39\ As explained in Order No. 672, access to relevant 
information, such as the information sought through this proposal, 
allows the Commission to fulfill its statutory obligations under 
section 215 of the FPA.\40\ The Commission's proposed regulation would 
require the three NERC databases (i.e., the TADS, GADS, and protection 
system misoperations databases) to be made available to the Commission 
on a non-public and ongoing basis. This proposal comports with our 
authority because, as discussed below, access to the NERC databases is 
necessary to implement section 215. Furthermore, the Commission's 
proposal is consistent with section 39.2(d) of the Commission's 
regulations because that provision already requires the ERO and 
Regional Entities to ``provide the Commission such information as is 
necessary to implement section 215 of the Federal Power Act.'' \41\
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    \38\ 16 U.S.C. 824o(b) (``The Commission shall have 
jurisdiction, within the United States, over the ERO certified by 
the Commission . . . any regional entities, and all users, owners 
and operators of the bulk-power-system . . . for purposes of 
approving reliability standards established under this section and 
enforcing compliance with this section.'').
    \39\ See North American Electric Reliability Corp., 143 FERC ] 
61,052, at P 41 (2013) (addressing statutory funding for NERC's 
periodic assessments and monitoring of the Bulk-Power System); see 
also North American Electric Reliability Corp., 149 FERC ] 61,028, 
at P 14 (2014) (approving FPA section 215 funding for NERC 
Reliability Assessment and Performance Analysis program (RAPA) as 
part of NERC's 2015 business plan and budget filing); see also NERC, 
Petition for Approval of 2015 Business Plan and Budget, Docket No. 
RR14-6-000, at 50-51 (filed Aug. 22, 2014) (identifying TADS, GADS 
and protection system misoperations as major activities of NERC's 
RAPA program).
    \40\ Order No. 672, FERC Stats. & Regs. ] 31,204 at P 114. Cf. 
North American Electric Reliability Corp., 120 FERC ] 61,239, at P 
12 (2007) (directing NERC to provide the Commission with advance 
copies of ``NERC alerts'' on an informational basis to ``allow the 
Commission to monitor for potential inconsistencies with the 
Reliability Standards and may inform the Commission where 
modifications to existing Reliability Standards or new Reliability 
Standards may be necessary'').
    \41\ 18 CFR 39.2(d).
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    17. Access to data collected by NERC in the TADS, GADS, and 
protection system misoperations databases regarding U.S. facilities is 
necessary to carry out the Commission's statutory authority: (1) To 
evaluate the need to direct new or modified Reliability Standards under 
section 215(d)(5) of the FPA; and (2) to better understand NERC's 
periodic assessments and reports, including those that may be requested 
by the Commission, regarding the reliability and adequacy of the Bulk-
Power System under section 215(g) of the FPA.
    18. First, the proposed access would inform the Commission more 
quickly, directly and comprehensively about reliability trends or 
reliability gaps that might require the Commission to direct the ERO to 
develop new or modified Reliability Standards. Pursuant to section 
215(d) of the FPA, the Commission has the responsibility of acting on 
proposed Reliability Standards developed by the ERO. In addition, as 
set forth in section 215(d)(5) of the FPA, the Commission has authority 
to direct the ERO ``to submit to the Commission a proposed

[[Page 58408]]

reliability standard or modification to a reliability standard that 
addresses a specific matter if the Commission considers such a new or 
modified reliability standards appropriate to carry out [section 
215].'' \42\ Therefore, with respect to the development of new 
Reliability Standards or modification of existing Reliability 
Standards, section 215(d) of the FPA tasks both the Commission and the 
ERO (i.e., NERC) with the responsibility to monitor reliability trends 
or reliability gaps that might warrant the development or modification 
of a Reliability Standard. As discussed below, the data contained in 
the TADS, GADS, and protection systems misoperations databases provide 
insights regarding reliability performance that bear on whether 
existing Reliability Standards are effective; whether they require 
modification; or whether new Reliability Standards should be developed. 
However, currently the Commission does not have access to these 
databases, which are maintained by NERC to support its Reliability 
Standards work pursuant to section 215(d), and we find it appropriate 
that the Commission also have access to them to support the 
Commission's assessment of the effectiveness of existing Reliability 
Standards.
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    \42\ 16 U.S.C. 824o(d)(5).
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    19. The TADS, GADS, and protection system misoperations databases 
include important information regarding the need for new or modified 
Reliability Standards. For example, in describing the importance of 
mandatory TADS data collection, NERC stated that:

    Whether a new standard is needed or whether an existing standard 
needs to be modified, sound data is needed for this purpose. TADS 
data is intended to provide a basis for standards.\43\
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    \43\ Summary of Phase I TADS Data Collection at 1.

Similarly, in justifying the need for mandatory GADS data reporting, 
NERC stated that GADS data ``is used to calculate important performance 
statistics and supports bulk power trend analysis by providing 
information on forced outages, maintenance outages, planned outages, 
and deratings . . . [the] GADS database is vital to support NERC in its 
assessment of bulk power system reliability.'' \44\ With respect to 
protection system misoperations data, NERC described that data as 
``providing several benefits to [bulk electric system] reliability and 
support[ing] NERC's mission of ensuring the reliability of the [Bulk-
Power System] in North America.'' \45\ Among other things, NERC stated 
that protection system misoperations data is used to ``[i]dentify 
trends in Protection System performance that negatively impact 
reliability.'' \46\ Accordingly, just as the information in these 
databases supports NERC's Reliability Standards work under section 
215(d) of the FPA, we find that the Commission's access to these 
databases will further our work under section 215(d)(5) of the FPA to 
identify reliability issues that might necessitate the development or 
modification of Reliability Standards.
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    \44\ Generating Availability Data System Mandatory Reporting of 
Conventional Generation Performance Data at 1.
    \45\ Request for Data or Information Protection System 
Misoperation Data Collection at 5.
    \46\ Id. at 4.
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    20. Second, access to the TADS, GADS, and protection system 
misoperations databases will assist the Commission with its 
understanding of the reliability and adequacy assessments periodically 
submitted by NERC pursuant to section 215(g) of the FPA, as well as 
provide the Commission with data that could support requests by the 
Commission for additional assessments or reports from NERC under that 
section. The periodic reports, such as the annual state of reliability 
reports, currently submitted by NERC draw heavily from these databases 
and provide an overview of reliability issues and trends identified 
through the analysis of those databases. While the aggregated TADS, 
GADS, and protection system misoperations data provided in NERC's 
periodic reports afford the Commission some insight into the 
reliability and adequacy trends identified by NERC, we believe that 
having direct access to the underlying data will assist the Commission 
in its understanding of the periodic reports, thereby helping the 
Commission to monitor causes of outages and detect emerging reliability 
issues.
    21. The Commission proposes to locate the proposed requirement 
within section 39.11 of the Commission's regulations, which governs the 
preparation and submission of reliability reports.\47\ We propose to 
add a new paragraph (c) that establishes a formal requirement that the 
ERO provide the Commission with access, on a non-public and ongoing 
basis, to the ERO's TADS, GADS, and protection system misoperations 
databases, or any successor databases thereto.
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    \47\ 18 CFR 39.11.
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    22. We also recognize that the Commission's proposal might raise 
confidentiality issues regarding certain of the data contained in these 
databases. Should the Commission collect an entity's confidential 
information, the Commission will take appropriate steps, as provided 
for in our governing statutes and regulations,\48\ in handling such 
information.
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    \48\ See, e.g., 5 U.S.C. 552; 18 CFR 388.112, 18 CFR 388.113.
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    23. The Commission seeks comment from NERC and other interested 
entities on this proposal. Comments are due 60 days following 
publication of this notice of proposed rulemaking in the Federal 
Register.

III. Information Collection Statement

    24. The Paperwork Reduction Act (PRA) \49\ 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. The 
OMB regulations require the approval of certain information collection 
requirements imposed by agency rules.\50\ 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 
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.
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    \49\ 44 U.S.C. 3501-3520.
    \50\ See 5 CFR 1320.
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    25. The Commission is submitting these reporting 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, 
the estimated burden and cost imposed on the ERO of providing the 
Commission with ongoing access to the three databases, whether the 
information will have practical utility, ways to enhance the quality, 
utility, and clarity of the information to be accessed, and any 
suggested methods for minimizing the respondent's burden.
    26. The Commission's proposal would make TADS, GADS, and protection 
system misoperations data, currently collected by the ERO, available to 
the Commission, and its staff, on a non-public and ongoing basis. The 
proposal would not require the ERO to collect new information, compile 
information into any kind of report, or reformulate the raw data. The 
Commission also anticipates that it could be relatively straight-
forward for the ERO to provide the Commission, and Commission staff, 
with access to TADS, GADS and misoperations data. Various entities 
currently have access to these data via an existing web interface. 
Providing the

[[Page 58409]]

Commission, and Commission staff, with access may be as simple as 
creating log-on credentials for the Web interface. Accordingly, the 
Commission estimates that the one-time burden associated with 
compliance with this proposed rule is de minimis and is limited to the 
ERO reviewing the Commission's proposed regulation and providing 
Commission with access to the existing TADS, GADS, and protection 
system misoperations databases.
    27. The requirements for the ERO to provide data to the Commission 
are included in the existing FERC-725, Certification of Electric 
Reliability Organization; Procedures for Electric Reliability Standards 
(OMB Control No. 1902-0225). FERC-725 includes information used by the 
Commission to implement the statutory provisions of section 215 of the 
FPA. FERC-725 includes the burden, reporting and recordkeeping 
requirements associated with: (a) Self Assessment and ERO Application, 
(b) Reliability Assessments, (c) Reliability Standards Development, (d) 
Reliability Compliance, (e) Stakeholder Survey, and (f) Other 
Reporting. This notice of proposed rulemaking will be submitted to OMB 
for review under the PRA.
    28. Internal review: The Commission has reviewed the proposed 
regulation and has determined that the proposed regulation is necessary 
to ensure the reliability and integrity of the Nation's Bulk-Power 
System.
    29. 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. Please reference OMB Control No. 1902-0225 
and FERC-725 in your submission.

IV. Environmental Analysis

    30. 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.\51\ 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.\52\ The actions here fall 
within this categorical exclusion in the Commission's regulations.
---------------------------------------------------------------------------

    \51\ Regulations 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).
    \52\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    31. The Regulatory Flexibility Act of 1980 (RFA) \53\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
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.\54\
---------------------------------------------------------------------------

    \53\ 5 U.S.C. 601-612.
    \54\ SBA Final Rule on ``Small Business Size Standards: 
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
---------------------------------------------------------------------------

    32. The Commission proposes to amend the Commission's regulations 
to require only the ERO (i.e., NERC) to provide the Commission, and 
Commission staff, with access, on a non-public and ongoing basis, to 
the existing TADS, GADS, and protections system misoperations 
databases. As discussed above, we estimate that the costs to the ERO 
associated with the Commission's proposal will be de minimis. 
Accordingly, the Commission certifies that this proposal will not have 
a significant economic impact on a substantial number of small 
entities.

VI. Comment Procedures

    33. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this document to be adopted, 
including any related matters or alternative proposals that commenters 
may wish to discuss. Comments are due November 30, 2015. Comments must 
refer to Docket No. RM15-25-000, and must include the commenter's name, 
the organization they represent, if applicable, and their address in 
their comments.
    34. 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.
    35. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    36. 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

    37. 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.
    38. 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.
    39. 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.

List of subjects in 18 CFR Part 39

    Electric power, and reporting and recordkeeping requirements.

    By direction of the Commission. Commissioner LaFleur is 
concurring with a separate statement attached.
    Dated: September 17, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
Chapter I, Title 18, Part 39 of the Code of Federal Regulations, as 
follows:

[[Page 58410]]

PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY 
ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND 
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 16 U.S.C. 824o.

0
2. Amend Sec.  39.11 by adding paragraph (c) as follows:


Sec.  39.11  Reliability reports.

* * * * *
    (c) The Electric Reliability Organization shall make available to 
the Commission, on a non-public and ongoing basis, access to the 
Transmission Availability Data System, Generating Availability Data 
System, and protection system misoperations databases, or any successor 
databases thereto.

    Note: The following text will not appear in the Code of Federal 
Regulations.

Availability of Certain North American Electric Reliability Corporation 
Databases to the Commission

(Issued September 17, 2015)
    LaFLEUR, Commissioner, concurring: Today's order proposes to revise 
the Commission's regulations to provide the Commission and its staff 
with access, on a non-public and ongoing basis, to three databases 
maintained by the North American Electric Reliability Corporation 
(NERC): (1) The Transmission Availability Data System (TADS), (2) the 
Generating Availability Data System (GADS), and (3) the protection 
system misoperations database. As explained in the order, the 
Commission concludes that access to these databases would support its 
work under section 215(d)(5) of the Federal Power Act (FPA) to monitor 
reliability trends and issues that may warrant the development of new 
or modified reliability standards.
    On rare occasions, the Commission has exercised its authority to 
direct NERC to develop new standards to address reliability risks not 
covered in existing standards, such as geomagnetic disturbances and 
physical security. While I do not expect the Commission to frequently 
invoke that authority going forward, I agree that the information in 
these databases would assist the Commission with its responsibilities 
under section 215(d)(5), as well as its understanding of NERC's 
assessments under section 215(g). Access to these databases could 
therefore support the Commission's oversight of several steps of the 
reliability cycle, including event analysis, establishment of metrics, 
setting reliability priorities, and improving the standards development 
and review process.
    I recognize, however, that under section 215 of the FPA, NERC and 
the Commission have a unique relationship, since Congress vested a 
significant amount of authority over the standards process in the 
Electric Reliability Organization (i.e., NERC) and clearly prescribed 
the Commission's oversight role. It is important that we recognize the 
distinction between that oversight role and NERC's primary 
responsibility to monitor reliability issues and propose standards to 
address them. Ultimately, I believe our efforts to sustain and improve 
the reliability of the bulk electric system are furthered by mutual 
trust and shared priorities between the Commission and NERC.
    I understand that today's proposal might be controversial within 
the NERC community. I therefore welcome comment on the proposal, 
including any potential issues or concerns not identified in the NOPR, 
to provide a full record for the Commission to consider in deciding 
whether to proceed to a final rule.
    Accordingly, I respectfully concur.

Cheryl A. LaFleur

Commissioner

[FR Doc. 2015-24282 Filed 9-28-15; 8:45 am]
BILLING CODE 6717-01-P


