NERC and Regional Entities Submit Comments on ERO NOPR

On March 1, 2021, in Docket No. RM21-12-000, NERC and Regional Entities submitted comments on FERC’s Notice of Proposed Rulemaking (NOPR) proposing that federal regulations concerning the certification of the Electric Reliability Organization (ERO) require that: (1) Performance Assessments occur every three years instead of every five years; (2) such assessments address items identified by the Commission at least 90 days prior to the filing deadline; and (3) the ERO establish a formal comment period on ERO Enterprise activities apart from other processes. NERC and the Regional Entities (the ERO Enterprise) have submitted comments requesting that the Commission maintain the existing Performance Assessment filing cycle and stakeholder public comment process. The ERO Enterprise also requests that, to the extent the Commission issues a regulation requiring the ERO to address particular questions directed for the Performance Assessment beyond the broad scope which appears required under Order No. 672, such regulation provide for at least six months’ prior notice. Finally, these comments request that if the NOPR proposals are adopted, they take effect after the 2024 Performance Assessment.