ERL Blog

On March 14, 2012, in Docket No. RC11-6, NERC submitted a filing in compliance with FERC’s March 15, 2012 order accepting, with conditions, NERC’s petition requesting approval of its Compliance Enforcement Initiative (“CEI”), including its “Find, Fix Track and Report” (“FFT”) mechanism.  The compliance filing focuses on two issues: (a) the impact of a registered entity’s compliance history in the determination of whether FFT treatment is appropriate in a given situation and (b) NERC’s plans for future implementation of the CEI, including continuing training and outreach efforts to ensure the sustainability and expansion of the program as well as the efforts to ensure consistency and due process.  NERC also submitted an informational report which describes its experience with the proposed CEI from September 2011 to March 2012 as well, as the feedback received thus with regard to the initiative.

To view NERC’s compliance filing, click here.

To view NERC’s informational report, click here.

On Tuesday and Wednesday, May 8-9, 2012, the NERC Board of Trustees (BOT), the NERC Member Representatives Committee (MRC), the NERC BOT Compliance Committee (BOTCC), the NERC Standards Oversight and Technology Committee (SOTC), and the NERC Finance and Audit Committee met in Arlington, VA.  Materials distributed before the meetings are included below.

To view the entire BOT Agenda Package, click here.
To view the BOT Agenda only, click here.
To view the BOT Policy Input, click here.

To view the MRC Agenda, click here.

To view the BOTCC Agenda, click here.

To view the SOTC Agenda, click here.

To view the Finance and Audit Committee Agenda, click here.

On May 7, 2012, in Docket No. RM11-20-000, FERC issued Order No. 763, which approved, with modifications, NERC’s March 31, 2011 petition for Reliability Standards PRC-006-1 (Automatic Underfrequency Load Shedding) and EOP-003-2 (Load Shedding Plans).  FERC’s modifications required, among other things, clarification of NERC’s intent regarding the required timeframe for implementing corrections under PRC-006-1, which FERC believed was not addressed well enough in NERC’s response to the NOPR.  To view the order, click here.

On May 4, 2012, in Docket RM12-12, NERC submitted a petition for FERC approval of proposed NPCC Regional Reliability Standard PRC-006-NPCC-1 (Automatic Underfrequency Load Shedding).  To view NERC’s petition, click here.

On May 4, 2012, in Docket No. RM12-12-000, NERC petitioned FERC to approve a proposed NPCC Regional Reliability Standard PRC-006-NPCC-1 (Automatic Underfrequency Load Shedding).  To view the petition, click here.

On May 3, 2012, in Docket No. RM12-4-000, NERC submitted a request for information from FERC regarding the commissioning (e.g., scope) of the Pacific Northwest National Laboratory’s report on vegetation management, which prompted FERC’s April 23 request for comments, and on documents related to the report.  To view NERC’s request for information, click here.

On April 30, 2012, in Docket Nos. RR06-1-000 and RR09-7-000, NERC submitted its quarterly report on the NERC Standards Process Results for the First Quarter 2012.  To view the report, click here.

On April 19, 2012, in Docket No. RM05-5-020, FERC issued a NOPR to incorporate by reference the North American Energy Standards Board’s Wholesale Electric Quadrant business practice standards on measuring and verifying demand response and energy efficiency resources in organized markets.  Comments are due on June 25, 2012.  To view the NOPR, click here.

On April 19, 2012, in Docket No. RC08-5-001, FERC issued an order granting the compliance registry appeal of the Portsmouth/Paducah Project Office of the Department of Energy, finding that it should not be registered as a load-serving entity (“LSE”).  FERC believes Ohio Valley Electric Corporation should be registered as the LSE, and remanded that issue to NERC.  To see the order, click here.

On April 19, 2012, in Docket No. RM11-18, FERC issued Order No. 762, which remanded NERC’s proposed TPL-002-0b, which includes a provision that would allow a transmission planner to plan for “non-consequential load loss,” provided that the plan is documented and subject to stakeholder review.  To view the order, click here.

On April 16, 2012, in Docket No. RC11-6, NERC filed a limited request for clarification, or in the alternative rehearing, of the FERC order issued March 15, 2012 conditionally approving NERC’s “Find, Fix, Track, and Report” (“FFT”) compliance enforcement mechanism.  NERC’s petition explicitly listed the support of several trade groups.  In its petition, NERC requests that FERC clarify that it did not intend to deviate from the CMEP by restricting the ability of Registered Entities to designate appropriate signatories (other than strictly officers) to certify with respect to remediation and mitigations plans. To view NERC’s petition, click here.

On April 12, 2012, in Docket No. RM10-5-000, NERC submitted an informational filing in compliance with FERC’s Order No. 758 approving NERC’s interpretation of PRC-005-1, R1 regarding Transmission and Generation Protection System Maintenance and Testing.  In Order 758, FERC accepted, in part, NERC’s commitments to address the concerns in the Protection System Maintenance and Testing standards that were identified by FERC’s NOPR dated December 16, 2010, and FERC directed NERC to file a schedule for informational purposes regarding the development of certain technical documents including the identification of devices designed to sense or take action against any abnormal system condition that will affect reliable operation.  FERC further directed NERC to include a schedule for the development of the changes to the standard that NERC stated it would propose as a result of the above-referenced documents.  To view NERC’s informational filing, click here.

On March 30, 2012, in Docket No. AD12-12, NERC submitted comments in response to FERC’s assignment of a docket number and request for comments. NERC’s comments also responded to Commissioner Phillip Moeller’s request for comments on a set of questions concerning gas-electric interdependence. To view NERC’s comments, click here.

On March 30, 2012, in Docket No. RR09-6, NERC submitted its second annual Standards Report, Status, and Timetable from Addressing FERC Regulatory Directives summarizing the progress made and plans for addressing directives related to reliability standards. To view NERC’s report, click here.

On March 23, 2012, in Docket No. RM96-1-037, NERC submitted comments in response to FERC’s Notice of Proposed Rulemaking issued February 16, 2012 on Standards for Business Practices for Interstate Natural Gas Pipelines.  NERC’s comments support the modified Wholesale Gas Quadrant’s (“WGQ”) Standard 0.3.14, which changes the parties to whom pipelines are required to provide notification of operational flow orders and other critical notices.  To view NERC’s comments, click here.

On March 20, 2012, at 10:00am EST, the United States Senate Committee on Energy and Natural Resources held a hearing to consider the nominations of Adam Sieminski to be Administrator of the Energy Information Administration (EIA), Marcilynn Burke to be an Assistant Secretary of the Interior, Anthony Clark to be a Member of the Federal Energy Regulatory Commission, and John Norris to be a Member of the Federal Energy Regulatory Commission.  The nominees’ written testimonies are included below. A link to the archived webcast will be posted when it becomes available.  In the meantime, follow @ElectricLaw on Twitter to view tweets posted during the live webcast.

To view the written testimony of Mr. Anthony Clark, click here.

To view the written testimony of Commissioner John Norris, click here.

To view the written testimony of Mr. Adam Sieminski, click here.

To view the written testimony of Ms. Marcilynn Burke, click here.

On March 15, 2012, in Docket No. RM10-6, NERC submitted an informational filing in response to Order No. 754 that includes a report on the reliability issues concerning system protection associated with the FERC-approved interpretation of Requirement R1.3.10 of Reliability Standard TPL-002-0.  To view NERC’s informational filing, click here.

On March 15, 2012, in Docket No. RM11-16, FERC issued Order No. 759 approving both Reliability Standard PRC-023-2 (Transmission Relay Loadability) as well as Section 1700 of the NERC Rules of Procedure, which provide registered entities a means to challenge determinations made by planning coordinators under Reliability Standard PRC-023.  To view FERC’s Order No. 759, click here.

On March 15, 2012, in Docket Nos. RC11-6 et al., FERC accepted NERC’s proposed “Find, Fix, Track, and Report”, or “FFT” compliance enforcement mechanism submitted on September 30, 2011, subject to certain limiting conditions and directives.  These conditions are to apply prospectively to NERC FFT filings, and NERC is not required to re-file any of the six monthly filings already submitted since its initial petition for approval in September 2011. NERC is directed to submit a compliance filing in 60 days, as well a report after six months and another after twelve months.  NERC and interested parties are also invited to proposed recommendations on any NERC Reliability Standards or requirements that may be unnecessary or redundant, and thus should be revised or removed.  To view FERC’s order, click here.

On March 1, 2012, in Docket No. RR10-11, FERC issued a letter order approving NERC’s compliance filing restoring section 402.1.3.2 of the NERC Rules of Procedure.  Section 402.1.3.2 requires NERC to establish a program to audit and evaluate how Regional Entities’ enforcement programs are meeting their delegated authority and responsibilities.  Paragraph 20 of FERC’s October 7, 2011 order rejected NERC’s proposal to remove section 402.1.3.2 from its Rules of Procedures, and directed NERC to submit a compliance filing reinstating the section within 30 days.  To view FERC’s letter order, click here.

On February 29, 2012, in Docket AD 12-1, NERC and the Eight Regional Entities submitted comments on a recent White Paper issued by FERC Staff on the role of the Commission regarding the EPA’s Mercury and Air Toxics Standard (MATS).  This follows a reliability conference held on November 29-30, 2011, in which the impact of the EPA regulations on reliability was discussed.  The White Paper sets forth the Commission Staff’s position on how FERC should advise the EPA regarding requests for extensions of time to comply with the MATS Rule. To view the comments, click here.

On February 29, 2012, in Docket No. RM06-16, NERC submitted its compliance filing for the fourth quarter of 2011 in response to Paragraph 629 of Order 693.  Order 693 requires that NERC provide a quarterly informational filing regarding the timeframe to restore power to the auxiliary power systems of U.S. nuclear power plants following a blackout as determined during simulations and drills of system restoration plans. To view the filing, click here.

On February 29, 2012, NERC released an interim report analyzing and making recommendations with respect to the effects of Geomagnetic Disturbances (GMD) on the Bulk Power System.  NERC conducted this assessment in response to findings in its High Impact, Low Frequency Event Risk to the North American Bulk System report issued in March 2010, which found that the best approach to high impact, low frequency events was through an organized combination of industry-led task forces and initiatives. 

The 150-page report found that a high impact, low frequency GMD event could lead to significant losses of reactive power, which could lead to voltage instability and, if not identified and managed appropriately, power system voltage collapse. The report offers short term and medium to long-term interim recommendations for NERC, including improvements to the tools used by system operators to manage GMD impacts and by industry planners to develop GMD mitigation strategies, increased education and information exchange, and a review of the need to enhance NERC reliability standards.  NERC also included a detailed work plan that it will follow in collaboration with EPRI.

To view the media release, click here.

To view the press release, click here.

To view the opening statement of Hon. Cliff Stearns, Chairman of the Subcommittee on Oversight and Investigations, click here.

To view the testimony of David Trimble, GAO Direct of Natural Resources and Environment, click here.

To view the testimony of Richard J. Campbell, Specialist in Energy Policy with the Congressional Research Service (CRS), click here.

On February 27, 2012, in Docket No. RM12-2, NERC submitted comments in response to FERC’s December 16, 2011 Notice of Proposed Rulemaking (NOPR) regarding the filing of Privileged Materials and Answers to Motions.  To read NERC’s comments, click here.

On February 23, 2012, in Docket No. RM11-12, FERC issued a notice providing for Reply Comments on the NOPR issued April 21, 2011, proposing to require NERC to make available to Commission staff, on an ongoing basis, access to complete electronic tagging data used to schedule the transmission of electric power in transmission markets. These reply comments may also address whether the Commission should require entities that create e-Tags or distribute them for approval to provide the Commission viewing rights to the e-Tags.  Reply comments are due March 26, 2012.  To view FERC’s notice providing for reply comments, click here.

On February 22, 2012, in Docket No. RR12-4, NERC submitted a request for approval of proposed amendments to NERC’s Delegation Agreement with the Florida Reliability Coordinating Council (FRCC), including amendments to FRCC Bylaws and the FRCC Compliance Monitoring and Enforcement Program (CMEP).  By approving the amendments to the NERC-FRCC Delegation Agreement, FERC would also be approving the Bylaws as a “Regional Entity Rule.”  The principal purposes of the amendments to the Bylaws are (1) to provide for the election by the FRCC Voting Members of Alternate Directors to act in place of the corresponding Director when the Director is not present or unavailable, including as members of the FRCC Board Compliance Committee (“BCC”), which acts as the Regional Entity Hearing Body for FRCC; and (2) to adopt dispute resolution procedures for disputes not covered by the CMEP or other NERC dispute resolution procedures. The amendments provide that an Alternate Director may serve on the BCC in a regional hearing of compliance matter.  To view NERC’s filing, click here.

To view the final version of the ERO Event Analysis Document, click here. 

To visit NERC’s Event Analysis Program website, click here.

On February 15, 2012, in Docket No. RM08-13, FERC issued a letter order granting NERC a one-year extension of time, up to and including September 30, 2013, to complete the development of a new generator relay loadability standard, pursuant to the Commission’s Order No. 733, and in accordance with NERC’s Reliability Standards Development plan 2012-2014. NERC states that based on its adopted prioritization tool, the project was not identified as a high priority project, and requested that he Project be postponed in order to focus industry resources on projects with a higher overall reliability impact.  To view FERC’s letter order, click here.

On February 15, 2012, in Docket No. RM09-25, FERC issued a letter order granting NERC’s request for a two-year extension of time, up to and including September 30, 2014, to complete Project 2010-01 (Support Personnel Training Project), originally scheduled for completion by August 23, 2012.  NERC states that based on its 2012-2014 prioritization effort and associated work plan development, the proposed Project was postponed and is expected to be initiated in the fourth quarter of 2012, pending further research to properly define the scope of the Project.  This project is intended to address FERC’s directive in Order No. 742 to consider whether personnel that support EMS applications should be included in mandatory training. To view FERC’s letter order, click here.

On Wednesday and Thursday, February 8-9, 2012, the NERC Board of Trustees (BOT), the NERC Member Representatives Committee (MRC), the NERC Standards Oversight and Technology Committee (SOTC), and the NERC BOT Compliance Committee (BOTCC) met in Phoenix AZ.

To view the BOT Agenda, click here.

To view the BOT Presentations, click here.

To view the BOT Policy Input, click here.

To view the MRC Agenda, click here.

To view the MRC Agenda Item 6 Addendum, click here.

To view the MRC Presentations, click here.

To view the SOTC Agenda, click here.

To view the SOTC Presentations, click here.

To view the BOTCC Agenda, click here.

At its February 9, 2012 meeting, the NERC Board of Trustees approved for filing with FERC an industry interpretation of Reliability Standard COM-002-2.  This interpretation, approved by stakeholders with 94.58% approval in a December 2011 recirculation ballot, confirms that COM-002-2’s requirements for three-part communication should apply only to declared emergencies.  The Board of Trustees also instructed the Standards Committee to raise the priority on its existing work on Standard COM-003-1 under Project 2007-02.  NERC staff was directed to develop a best practices memorandum to share with the industry.  To view NERC’s March 7, 2012 press release regarding the Board’s adoption of the interpretation, click here.

On February 3, 2012, in Docket No. RD11-13, FERC issued a letter order in which it approved NERC’s proposed modification to the definition of “Protection System” in the NERC Glossary of Terms.  NERC’s proposed modification would add battery chargers to the list of elements included within the definition. To view FERC’s letter order, click here.

On February 3, 2012, in Docket No. RM10-5, FERC issued a Final Rule (“Order No. 758”), in which it approved NERC’s proposed interpretation to Requirement R1 of NERC Reliability Standard PRC-005-1.  FERC also directed NERC to develop modifications to the PRC-005-1 Reliability Standard through its Reliability Standards Development Process to address gaps in the Protection System maintenance and testing standard that were highlighted by the proposed interpretation.  To view Order No. 758, click here.

On February 1, 2012, in Docket No. RD12-1, NERC submitted a petition for approval of proposed Regional Reliability Standard IRO-006-TRE-1 (IROL and SOL Mitigation in the ERCOT Interconnection).  This proposed standard would provide and execute transmission loading relief procedures that can be used to avoid and mitigate exceedences of the System Operating Limits (“SOL”) or Interconnection Reliability Operating Limits (“IROL”) for the purpose of maintaining the reliable operation of the bulk electric system in the ERCOT region. Additionally, the proposed standard would provide enforceable requirements to support the NERC standard IRO-006-5 (Transmission Loading Relief) in the ERCOT Region. To view NERC’s petition click here.

On February 1, 2012, in Docket No. RD12-9, NERC submitted a petition for approval of proposed Regional Reliability Standard PRC-006-SERC-01 (Automatic Underfrequency Load Shedding Requirements). If approved, this standard would provide regional underfrequency load shedding (“UFLS”) requirements for Registered Entities within the SERC Region.  To view NERC’s petition, click here.

On January 31, 2012, in Docket Nos. RR06-1 and RR09-7, NERC submitted an informational report on the analysis of NERC Standards Process Results for the Fourth Quarter 2011 in compliance with FERC’s orders issued on January 18, 2007 and September 16, 2010.  To view the report, click here.

On January 25, 2012, in Docket No. RM12-6, NERC filed a petition for FERC Approval of a revised definition of “Bulk Electric System” in the NERC Glossary of Terms Used in Reliability Standards.  NERC also requested FERC approval in this proceeding of the proposed document entitled “Detailed Information to Support an Exception Request”, which will be used in the submittal, review, and approval or disapproval of requests for Exceptions from the application of the BES Definitions.  Finally, NERC requested FERC approval of its implementation plan for the revised BES Definition. To view NERC’s petition for the revised glossary term “Bulk Electric System”, click here.

In a separate but concurrent filing in Docket No. RM12-7, NERC filed for approval of revisions to its Rules of Procedure to Adopt a Bulk Electric System Exception Procedure, for the purposes of requesting and receiving requests for exceptions from the exclusions or inclusions created by the default application of the NERC definition of “Bulk Electric System”. To view NERC’s petition for revisions to its Rules of Procedure to create the “BES Exception Procedure”, click here.

On January 17, 2012, in Docket No. RD11-3, NERC submitted a compliance filing in response to FERC’s November 17, 2011 Order approving Reliability Standard FAC-013-2.  In the compliance filing, NERC submits proposed revisions to two VRFs and one VSL. To view NERC’s compliance filing, click here.

On January 17, 2011, in Docket No. RD11-10, NERC submitted a compliance filing in response to FERC’s November 17, 2011 order approving Reliability Standard FAC-008-3. In the compliance filing, NERC submits a revision to one VRF for Requirement R2 of FAC-008-3. To view NERC’s compliance filing, click here.

On January 11, 2012, in Docket No. RR12-1, FERC issued a letter order approving NERC’s proposed revisions to section 1.3 of Appendix 4D of the NERC  Rules of Procedure, which addressed the procedures for requesting and receiving Technical Feasibility Exceptions (TFEs).  On November 14, 2011, NERC submitted a petition requesting approval of a revision to Section 1.3.  The purpose was to correct an error in section 1.3, which contains the list of the Applicable Requirements for which a Responsible Entity may request a TFE.  Currently, section 1.3 of Appendix 4D lists the Interpretation in Appendix 3 to CIP-006-3c R1.1 as an Applicable Requirement, but the correct reference should be to “the Interpretation in Appendix 2” of CIP- 006-3c. To view the letter order, click here.

On January 11, 2012, in Docket Nos. RC11-1 and RC11-2, NERC filed answers in response to comments filed on December 23, 2011 regarding NERC’s December 2, 2011 compliance filing for Cedar Creek Wind Energy and Milford Wind Corridor Phase I.  In its comments, NERC states that it would be inappropriate to “disrupt the agreed upon resolution of two specific registration appeals which affect only the two registered entities named”, and states that FERC should disregard the comments and accept NERC’s compliance filing in its entirety. To view NERC’s filing, click here.