[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Rules and Regulations]
[Pages 55366-55368]
[FR Doc No: 2020-19606]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0551; Airspace Docket No. 20-ASW-6]
RIN 2120-AA66

Revocation, Establishment, and Amendment of Class E Airspace;
Multiple Texas Towns

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes the Class E airspace extending upward from
700 feet above the surface at Ambassador Field, Big Sandy, TX; and
establishes and amends Class E airspace extending upward from 700 feet
above the surface at several Texas airports. This action is the result
of airspace reviews caused by the decommissioning of the Quitman VHF
omnidirectional range (VOR) navigation aid as part of the VOR Minimum
Operational Network (MON) Program. The names and geographic coordinates
of several airports are also being updated to coincide with the FAA's
aeronautical database.

DATES: Effective 0901 UTC, November 5, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of

Federal Regulations part 51, subject to the annual revision of FAA
Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it revokes the Class E airspace extending upward from 700 feet above
the surface at Ambassador Field, Big Sandy, TX; establishes Class E
airspace extending upward from 700 feet above the surface at Fox
Stephens Field-Gilmer Municipal Airport, Gilmer, TX; Gladewater
Municipal Airport, Gladewater, TX; and Winnsboro Municipal Airport,
Winnsboro, TX; and amends the Class E airspace upward from 700 above
the surface at Wood County Airport-Collins Field, Mineola/Quitman, TX,
contained within the Mineola, TX, airspace legal description, and at
Mount Pleasant Regional Airport, Mount Pleasant, TX, to support
instrument flight rule operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 35206; June 8, 2020) for Docket No. FAA-2020-0551 to
revoke the Class E airspace extending upward from 700 feet above the
surface at Ambassador Field, Big Sandy, TX; and establish and amend
Class E airspace extending upward from 700 feet above the surface at
several Texas airports. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. No comments were received.
    Subsequent to publication of the NPRM, the FAA discovered
typographical errors in the geographic coordinates of Gladewater
Municipal Airport, Gladewater, TX, (``long. 94[deg]58'19'' W'' should
be ``long. 94[deg]58'18'' W'') and Mount Pleasant Regional Airport,
Mount Pleasant, TX (``lat. 33[deg]06'49'' N'' should be ``lat.
33[deg]05'49'' N''). These errors are corrected in this action.
Additionally, it was discovered that the name of Mineola Wisener Field
(previously Mineola-Wisener Airport), Mineola, TX, should have been
updated. As this update does not affect the airspace dimensions
contained in the proposal, this omission is included in this action.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Removes the Class E airspace extending upward from 700 feet above
the surface at Ambassador Field, Big Sandy, TX, as the instrument
procedures at this airfield have been cancelled so the airspace is no
longer required;
    Establishes Class E airspace extending upward from 700 feet above
the surface within a 6.4-mile radius of Fox Stephens Field-Gilmer
Municipal Airport, Gilmer, TX (This airspace was previously contained
within the Big Sandy, TX, airspace legal description.);
    Establishes Class E airspace extending upward from 700 feet above
the surface within a 6.4-mile radius of Gladewater Municipal Airport,
Gladewater, TX (This airspace was previously contained within the Big
Sandy, TX, airspace legal description.);
    Amends the Class E airspace extending upward from 700 feet above
the surface to within a 6.4-mile (increased from a 6.3-mile) radius of
Wood County Airport-Collins Field, Mineola/Quitman, TX, contained
within the Mineola, TX, airspace legal description; adds an extension
3.8 miles east and 5.7 miles west of the 182[deg] bearing from Wood
County Airport-Collins Field extending from the 6.4-mile radius to 21.3
miles south of Wood County Airport-Collins Field; removes the cities
associated with the Mineola Wisener Field, Mineola, TX, and Wood County
Airport-Collins Field to comply with changes to FAA Order 7400.2M,
Procedures for Handling Airspace Matters; updates the name and
geographic coordinates of the Wood County Airport-Collins Field
(previously Mineola-Quitman Airport) to coincide with the FAA's
aeronautical database; and updates the name of Mineola Wisener Field
(previously Mineola-Wisener Airport) to coincide with the FAA's
aeronautical database;
    Amends the Class E airspace extending upward from 700 feet above
the surface to within a 6.6-mile (increased from a 6.4-mile) radius of
Mount Pleasant Regional Airport, Mount Pleasant, TX; removes the
Quitman VORTAC and Mount Pleasant RBN and the associated extensions
from the airspace legal description, as they are no longer required;
removes Winnsboro Municipal Airport, Winnsboro, TX, from the Mount
Pleasant, TX, airspace legal description as the airspace no longer
adjoins the Mount Pleasant Regional Airport airspace; and updates the
name and geographic coordinates of the Mount Pleasant Regional Airport
(previously Mount Pleasant Municipal Airport) to coincide with the
FAA's aeronautical database.
    And establishes Class E airspace extending upward from 700 feet
above the surface within a 6.3-mile radius of Winnsboro Municipal
Airport, Winnsboro, TX. (This airspace was previously contained within
the Mount Pleasant, TX, airspace legal description but is being
separated as the Winnsboro Municipal Airport airspace and Mount

Pleasant Regional airspace no longer adjoin.) This action is the result
of airspace reviews caused by the decommissioning of the Quitman VOR,
which provided navigation information for the instrument procedures
these airports, as part of the VOR MON Program.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71 --DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW TX E5 Big Sandy, TX [Removed]

* * * * *

ASW TX E5 Gilmer, TX [Establish]

Fox Stephens Field-Gilmer Municipal Airport, TX
    (Lat. 32[deg]41'53'' N, long. 94[deg]56'56'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Fox Stephens Field-Gilmer Municipal
Airport.
* * * * *

ASW TX E5 Gladewater, TX [Establish]

Gladewater Municipal Airport, TX
    (Lat. 32[deg]31'44'' N, long. 94[deg]58'18'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Gladewater Municipal Airport.
* * * * *

ASW TX E5 Mineola, TX [Amended]

Mineola Wisener Field, TX
    (Lat. 32[deg]40'36'' N, long. 95[deg]30'39'' W)
Wood County Airport-Collins Field, TX
    (Lat. 32[deg]44'32'' N, long. 95[deg]29'47'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Mineola Wisener Field, and within a 6.4-
mile radius of Wood County Airport-Collins Field, and within 3.8
miles east and 5.7 miles west of the 182[deg] bearing from the Wood
County Airport-Collins Field extending from the 6.4-mile radius of
Wood County Airport-Collins Field to 21.3 miles south of Wood County
Airport-Collins Field.
* * * * *

ASW TX E5 Mount Pleasant, TX [Amended]

Mount Pleasant Regional Airport, TX
    (Lat. 33[deg]05'49'' N, long. 94[deg]57'42'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Mount Pleasant Regional Airport.
* * * * *

ASW TX E5 Winnsboro, TX [Establish]

Winnsboro Municipal Airport, TX
    (Lat. 32[deg]56'20'' N, long. 95[deg]16'44'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Winnsboro Municipal Airport.

    Issued in Fort Worth, Texas, on September 1, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-19606 Filed 9-4-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 55113-55114]
[FR Doc No: 2021-21811]

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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meeting

TIME AND DATE: October 7, 2021, 12:00 p.m. to 2:00 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (U.S. Toll) or 1-669-900-6833 (U.S. Toll) or (ii) 1-877-853-5247
(U.S. Toll Free) or 1-888-788-0099 (U.S. Toll Free), Meeting ID: 989
0268 7403, to listen and participate in this meeting. The website to
participate via Zoom Meeting and Screenshare is https://kellen.zoom.us/j/98902687403.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan
Education and Training Subcommittee (the ``Subcommittee'') will
continue its work in developing and implementing the Unified Carrier
Registration Plan and Agreement. The subject matter of this meeting
will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    The Subcommittee Chair will welcome attendees, call the meeting to
order, call roll for the Subcommittee, confirm whether a quorum is
present, and facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify the publication of the
meeting notice on the UCR website and distribution to the UCR contact
list via email followed by the subsequent publication of the notice in
the Federal Register.

III. Review and Approval of Subcommittee Agenda and Setting of Ground
Rules--Subcommittee Chair

For Discussion and Possible Subcommittee Action
    The Agenda will be reviewed, and the Subcommittee will consider
adoption.

Ground Rules
[rtarr8] Subcommittee action only to be taken in designated areas on
agenda.

IV. Review and Approval of Subcommittee Minutes From the August 26,
2021 Subcommittee Meeting--Subcommittee Chair

For Discussion and Possible Subcommittee Action
    Draft minutes from the August 26, 2021 Subcommittee meeting via
teleconference will be reviewed. The Subcommittee will consider action
to approve.

V. Audit Module 2 Development Discussion--UCR Operations Manager

    The UCR Operations Manager will discuss and provide updates on
development of the Audit Module 2.

VI. New Module Development--Subcommittee Chair and UCR Operations
Manager

    The UCR Operations Manager will provide updates on the Roadside
Enforcement and Roadside Officers and Focused Anomaly Reviews (FARs)
modules.

VII. Other Business--Subcommittee Chair

    The Subcommittee Chair will call for any other items Subcommittee
members would like to discuss.

VIII. Adjournment--Subcommittee Chair

    The Subcommittee Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
October 1, 2021 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2021-21811 Filed 10-1-21; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Proposed Rules]
[Page 9259]
[FR Doc No: 2015-03448]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0554; FRL-9923-17-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Emissions Inventories for the Dallas-Fort Worth and Houston-Galveston-
Brazoria Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Texas State Implementation Plan (SIP)
submitted to meet Emissions Inventory (EI) requirements of the Clean
Air Act (CAA) for the Dallas-Fort-Worth (DFW) and the Houston-
Galveston-Brazoria (HGB) nonattainment areas. EPA is proposing to
approve the SIP revisions because they satisfy the CAA EI requirements
for the DFW and HGB nonattainment areas under the 2008 eight-hour ozone
National Ambient Air Quality Standard (NAAQS). EPA is proposing to
approve the revisions pursuant to section 110 and part D of the CAA and
EPA's regulations.

DATES: Written comments should be received on or before March 23, 2015.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Nevine Salem,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct rule
without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: February 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-03448 Filed 2-19-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78348-78349]
[FR Doc No: 2013-30696]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-19-000.
    Applicants: Border Winds Energy, LLC.
    Description: Self-Certification of EG of Border Winds Energy, LLC.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5251.
    Comments Due: 5 p.m. ET 1/7/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2531-004.
    Applicants: Cedar Creek Wind Energy, LLC.
    Description: Updated Market Power Analysis in the Northwest region
of Cedar Creek Wind Energy, LLC.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5134.
    Comments Due: 5 p.m. ET 2/18/14.

    Docket Numbers: ER14-14-001.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits Compliance Filing re
Revisions to Montana OATT Schedule 3 to be effective 9/27/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5172.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-633-000.
    Applicants: Florida Power & Light Company.
    Description: FPL and City of Lake Worth, FL Original Service
Agreement No. 321 to be effective 1/1/2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5001.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-634-000.
    Applicants: Florida Power & Light Company.
    Description: FPL and City of Lake Worth, FL Original Rate Schedule
FERC No. 322 to be effective 1/1/2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5002.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-635-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Deseret Generation & Transmission Co-operative, Inc.
submits OATT Order No. 784 Compliance Filing to be effective 12/27/
2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5168.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-636-000.
    Applicants: Cedar Creek II, LLC.
    Description: Cedar Creek II, LLC submits Revised Market-Based Rate
Tariff in Compliance with Order No. 784 to be effective 12/18/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5169.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-637-000.
    Applicants: Goshen Phase II LLC.
    Description: Goshen Phase II LLC submits Revised Market-Based Rate
Tariff in Compliance with Order No. 784 to be effective 12/18/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5170.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-638-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits Net Energy
Metering Program to be effective 2/17/2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5174.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-639-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits 2013-12-17--Order784 Compliance to be effective N/A.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5176.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-642-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Northern Indiana Public Service Company submits CIAC
Agreement Under Wabash Valley Interconnection Agreement to be effective
12/9/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5197.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-643-000.
    Applicants: Black Hills/Colorado Electric Utility Co.
    Description: Notice of Cancellation of Electric Rate Schedule 66 of
Black Hills/Colorado Electric Utility Company, LP.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5204.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-644-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits 1374R16 Kansas
Power Pool and Westar Meter Agent Agreement to be effective 12/1/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5214.

    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-645-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits 2013-12-
17--SPS-GSEC-G-EP-Elk St E&P Agrmt to be effective 12/18/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5215.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-646-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits Transfer Agreement SA #
729 to be effective 1/1/2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5217.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-647-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Company submits 2014 SDGE
TRBAA TACBAA Update to Transmission Owner Tariff Filing to be effective
1/1/2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5228.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-648-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits Cancellation of Entergy
OATT to be effective 12/19/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5236.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-649-000.
    Applicants: Entergy Services, Inc., Midcontinent Independent System
Operator, Inc.
    Description: Entergy Services, Inc. submits 2013-12-16 Entergy
Operating Companies Att Os--30.9--41--42A&B to be effective 12/19/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5235.
    Comments Due: 5 p.m. ET 1/7/14.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC14-11-000.
    Applicants: Des Moulins Wind Power L.P.
    Description: Self-Certification of Foreign Utility Company Status
of Des Moulins Wind Power L.P.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5048.
    Comments Due: 5 p.m. ET 1/7/14.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM14-1-000.
    Applicants: Fitchburg Gas & Electric Light Company.
    Description: Application for Relief from Mandatory Purchase
Obligation from An Under 20 MW QF of Fitchburg Gas & Electric Light
Company.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5206.
    Comments Due: 5 p.m. ET 1/14/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 17, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-30696 Filed 12-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 19, 2007 (Volume 72, Number 12)]
[Rules and Regulations]
[Page 2427-2435]
[DOCID:fr19ja07-2]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 358

[Docket No. RM07-6-000; Order No. 690]

Standards of Conduct for Transmission Providers

Issued January 9, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Interim rule.

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SUMMARY: This interim rule responds to the decision of the United
States Court of Appeals for the District of Columbia vacating and
remanding the standards of conduct rule, Order No. 2004, as it relates
to interstate natural gas pipelines, in National Fuel Gas Supply
Corporation v. FERC, 468 F.3d 831 (D.C. Cir. 2006). The court objected
to the Federal Energy Regulatory Commission's (Commission's) expansion
of the prior standards of conduct to include energy affiliates, and
vacated the entire rule as it relates to natural gas pipelines. The
interim rule repromulgates the standards of conduct that were not
challenged before the court on an interim basis while the Commission
considers how to respond to the court's decision on a permanent basis.

EFFECTIVE DATE: This rule is effective January 9, 2007.

FOR FURTHER INFORMATION CONTACT: Deme Anas, Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Telephone:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>Stuart Fischer, Office of Enforcement, Federal

Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Telephone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

I. Introduction

    1. The Federal Energy Regulatory Commission (Commission) is
promulgating interim standards of

conduct regulations that govern the relationship between natural gas
transmission providers and their marketing affiliates to respond to the
decision of the United States Court of Appeals for the District of
Columbia concerning the Standards of Conduct for Transmission Providers
under Order No. 2004.\1\ In National Fuel Gas Supply Corporation v.
FERC (National Fuel),\2\ the court found that the Commission did not
support the standards of conduct's expansive definition of energy
affiliates and vacated Order Nos. 2004, 2004-A, 2004-B, 2004-C and
2004-D (collectively referred to as Order No. 2004) as applied to
natural gas pipelines, and remanded the orders to the Commission.\3\
Specifically, the court rejected the Commission's attempt to extend the
standards of conduct beyond pipelines' relationships with their
marketing affiliates to govern pipelines' relationships with numerous
non-marketing affiliates, such as producers, gatherers, and local
distribution companies (energy affiliates). In light of this finding,
the court found moot the other issues raised on appeal.\4\
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    \1\ On November 25, 2003, the Commission added Part 358 to the
Commission's regulations adopting standards of conduct that apply
uniformly to natural gas and electric utility transmission
providers. Standards of Conduct for Transmission Providers, Order
No. 2004, FERC Stats. & Regs., Regulations Preambles ] 31,155
(2003), order on reh'g, Order No. 2004-A, III FERC Stats. & Regs. ]
31,161 (2004), 107 FERC ] 61,032 (2004), order on reh'g, Order No.
2004-B, III FERC Stats. & Regs. ] 31,166 (2004), 108 FERC ] 61,118
(2004), order on reh'g, Order No. 2004-C, 109 FERC ] 61,325 (2004),
order on reh'g, Order No. 2004-D, 110 FERC ] 61,320 (2005), vacated
and remanded as it applies to natural gas pipelines, National Fuel
Gas Supply Corporation v. FERC, 468 F.3d 831 (D.C. Cir. 2006).
    \2\ National Fuel slip op. at 4 [published cite not yet
available].
    \3\ National Fuel, slip op. at 4. Order No. 2004 was not
appealed as it applies to electric utility transmission providers.
    \4\ National Fuel, slip op. at 4.
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    2. The purpose of this order is to repromulgate the standards of
conduct not challenged in the National Fuel appeal in the interim while
the Commission considers how to respond to the court's decision on a
permanent basis. To that end, the Commission plans to issue a Notice of
Proposed Rulemaking (NOPR) in the very near future. The interim rule
will thus help eliminate any uncertainty about how the standards of
conduct apply to natural gas transmission providers while the
Commission develops a final rule.
    3. The Commission believes that this interim rule is consistent
with the court's decision in National Fuel and meets the standards for
an interim rule without notice and comment under the Administrative
Procedure Act as set out in the court's opinion in Mid-Tex Electric
Cooperative, Inc. v. FERC (Mid-Tex).\5\ In Mid-Tex, the court reviewed
the Commission's interim rule regarding the construction work in
progress (CWIP) accounts for electric utilities that had previously
been vacated and remanded by the court.\6\ Despite objections to the
interim CWIP rule, the court upheld the interim rule as consistent with
the letter and spirit of its previous ruling.\7\ The court concluded
that the Commission could reasonably infer that should it become
necessary or proper to provide a regulation prior to its full
reconsideration of the CWIP issue, it may do so if it addresses the
issues raised by the court.\8\
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    \5\ Mid-Tex Electric Cooperative, Inc. v. FERC, 822 F.2d 1123
(D.C. Cir. 1987).
    \6\ Mid-Tex Electric Cooperative, Inc. v. FERC, 773 F.2d 327
(D.C. Cir. 1985).
    \7\ Mid-Tex, at 1129-30.
    \8\ Mid-Tex, at 1130.
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    4. The Mid-Tex court also concluded that the Commission had good
cause to adopt an interim rule without prior notice and comment.\9\ The
Administrative Procedure Act permits rulemaking without prior notice
and comment when an agency ``for good cause * * * finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest.'' \10\ In its order adopting the interim rule
regarding CWIP, the Commission emphasized three factors for foregoing
prior notice and comment. First, the Commission stressed both the
interim nature of the CWIP rule and the ongoing public process in
formulating a permanent CWIP policy. Second, the Commission observed
that the fundamental policy underlying the CWIP had been accepted by
the court. Third, the Commission took notice that an interim rule was
needed to avoid regulatory confusion.
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    \9\ Mid-Tex, at 1132.
    \10\ 5 U.S.C. 553(b)(3)(B) (2000).
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    5. Guided by the standards in Mid-Tex, the Commission has
structured this interim rule in accordance with the court's decision in
National Fuel while the Commission conducts a public notice and comment
process for promulgating a final rule. The Commission has adhered to
both the letter and the spirit of the court's decision in National Fuel
by fashioning an interim rule under which the standards of conduct do
not apply to the relationship between natural gas transmission
providers and energy affiliates, which is the aspect of the standards
of conduct that the court found infirm.
    6. The issuance of this interim rule is also consistent with the
three factors articulated in Mid-Tex for issuing an interim rule
without prior notice and comment under the Administrative Procedures
Act. First, the Commission stresses that the instant interim rule is
not intended to serve as a permanent rule and that it is commencing a
rulemaking proceeding through the issuance in the very near future of a
NOPR. Second, the interim rule follows both the letter and spirit of
the court's opinion in National Fuel because, for natural gas
pipelines, it eliminates the provisions of Order No. 2004 that were
subject to appeal and instead adopts provisions originally promulgated
in Order No. 497, which was upheld in relevant part by the court in
Tenneco Gas v. FERC.\11\ Third, the Commission needs to issue an
interim rule to avoid regulatory confusion. When the Commission adopted
Order No. 2004, it rescinded the standards of conduct promulgated by
Order No. 497.\12\ Because National Fuel vacated Order No. 2004 as
applied to natural gas transmission providers, there are no existing
regulations governing the relationship between natural gas transmission
providers and their marketing affiliates. This interim rule
repromulgates rules from Order No. 2004 that were not challenged on
appeal. With respect to provisions that were challenged, as noted, the
Commission is temporarily re-adopting the standards of conduct
provisions promulgated under Order No. 497. Otherwise, there would be
no rules in place governing the relationship between natural gas
pipelines and their affiliates--a situation which the Commission
believes would not be in the public interest as such rules have for
almost two decades played an important role in the agency's program to
ensure non-discriminatory access by pipeline customers to competitive
wellhead markets.
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    \11\ Inquiry Into Alleged Anticompetitive Practices related to
Marketing Affiliates of Interstate Pipelines, Order No. 497, 53 FR
223139 (1988), FERC Stats. & Regs., Regulations Preambles 1986-1990
] 30,820 (1988); Order No. 497-A, order on reh'g, 54 FR 52781
(1989), FERC Stats & Regs., Regulations Preambles 1986-1990 ] 30,868
(1989); Order No. 497-B, order extending sunset date, 55 FR 53,291
(1990), FERC Stats. & Regs., Regulations Preambles 1986-1990 ]
30,908 (1990); Order No. 497-C, order extending sunset date, 47 FR 9
(1992), FERC Stats. & Regs., Regulations Preambles 1991-1996 ] 30934
(1991), reh'g denied, 47 FR 5815 (1992), 58 FERC ] 61,139 (1992);
aff'd in part and remanded in part sub nom. Tenneco Gas v. FERC, 969
F.2d 1187 (D.C. cir. 1992).
    \12\ Order No. 2004, supra note 1, (in the description of the
revisions to Title 18 of the Code of Federal Regulations).
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    7. Accordingly, in this interim rule, for natural gas transmission
providers, the Commission modifies the

regulations originally promulgated by Order No. 2004 consistent with
the court's decision and issues appealed. The interim regulations will
make clear that the standards of conduct apply to the relationship
between natural gas transmission providers and marketing affiliates,
and that the standards of conduct will not govern the relationship
between natural gas transmission providers and their other energy
affiliates. Because Order No. 2004 defined marketing differently than
Order No. 497, the Commission is revising the definition of marketing
consistent with Order No. 497.\13\
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    \13\ Since the standards of conduct will no longer govern the
relationship between natural gas transmission providers and their
energy affiliates, this addresses the issue concerning the scope of
the energy affiliate exception for local distribution companies
appealed by National Fuel Gas Distribution Corporation and National
Fuel Gas Supply raised in National Fuel.
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    8. Although the court did not consider petitioners' appeals with
respect to specific sections of Part 358 as it vacated Order No. 2004
based on the lack of record support for the new definition of energy
affiliate, the interim regulations will treat each of the sections
challenged on appeal as if the court had held those sections infirm as
well. Specifically, for natural gas transmission providers, the interim
rule will: (1) omit restrictions on shared risk management activities
and employees \14\ and (2) revise the requirement to post all
discretionary acts.\15\ Also raised on appeal were two issues discussed
in the preamble of Order No. 2004, but not codified in regulatory text.
Here, too, although the court did not consider these issues, the
Commission will incorporate into this preamble modifications consistent
with petitioners' appeals of Order No. 2004 as if the court had ruled
in their favor. Specifically, the Commission will (1) allow natural gas
transmission providers to treat lawyers as permissibly shared
employees; and (2) not require newly certificated natural gas pipeline
transmission providers to observe the standards of conduct until they
commence transmission services.
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    \14\ 18 CFR 358.4(a)(6) (2006).
    \15\ 18 CFR 385.5(c)(4) (2006).
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    9. In the very near future, the Commission will issue a NOPR, which
will seek comments on adopting permanent changes to Part 358 consistent
with National Fuel. As a result, the Commission expects that the
provisions in the interim rule will remain in effect until we have
completed the rulemaking process for a final rule for Standards of
Conduct for Transmission Providers. The Commission further expects the
process for adopting a final rule to proceed without delay.

II. Background

A. Order No. 2004

    10. Prior to Order No. 2004, the Commission had two separate sets
of regulations governing standards of conduct for transmission
providers. The regulations applicable to natural gas pipelines were
issued in Order No. 497 in 1988,\16\ pursuant to the agency's statutory
authority under sections 4 and 5 of the Natural Gas Act.\17\ In 1996,
the Commission issued Order No. 889,\18\ which created standards of
conduct regulations applicable to electric public utilities under
sections 205 and 206 of the Federal Power Act.\19\ Both rules had the
same goal: To prevent transmission providers from exercising their
control over transmission to engage in undue discrimination or
preference in favor of their marketing affiliates over non-affiliates.
Both rules employed the same general approach: Requiring employees
engaged in transmission services to function independently from
employees of its marketing affiliates and imposing prohibitions
restricting transmission providers from sharing certain information
with their marketing affiliates.
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    \16\ See supra note 10.
    \17\ 15 U.S.C. 717c and 717d (2000). See also former 18 CFR part
161 (2003).
    \18\ Open Access Same-Time Information System (Formerly Real-
Time Information Network) and Standards of Conduct, Order No. 889,
61 FR 21737 (May 10, 1996), FERC Stats. & Regs., Regulations
Preambles 1991-1996 ] 31,035 (Apr. 24, 1996); Order No. 889-A, order
on reh'g, 62 FR 12484 (Mar. 14, 1997), FERC Stats. & Regs.,
Regulations Preambles 1996-2000 ] 31,049 (Mar. 4, 1997); Order No.
889-B, reh'g denied, 62 FR 64715 (Dec. 9, 1997), FERC Stats. &
Regs., Regulations Preambles 1996-2000 ] 31,253 (Nov. 25, 1997).
    \19\ 16 U.S.C. 824d and 824e (2000). See also former 18 CFR 37.4
(2003).
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    11. In Order No. 2004, the Commission revised the standards of
conduct so that one set of standards of conduct applied uniformly to
both natural gas pipelines and electric public utilities.\20\ The
Commission also expanded the coverage of the standards of conduct to
govern the relationships between transmission providers and energy
affiliates.\21\ Previously, the standards of conduct governed the
relationship between transmission providers and their marketing
affiliates.\22\
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    \20\ Order No. 2004 at P 8.
    \21\ The Commission defined energy affiliates as any affiliate
that is engaged or involved in transmission transactions; manages or
controls pipeline capacity; buys, sells, trades or administers
natural gas in domestic energy or transmission markets; and engages
in financial transactions relating to the sale or transmission of
natural gas in such markets. 18 CFR 358.3(d) (2006).
    \22\ Under Order No. 497, marketing included affiliates and
business divisions engaged in making sales for resale of natural gas
in interstate commerce (former 18 CFR 161.2(c)); and under Order No.
889, marketing covered affiliates and business divisions engaged in
making sales for resale of electric energy in interstate commerce
(former 18 CFR 37.3(e)).
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B. Matters Appealed

    12. Five issues were appealed from Order No. 2004: (1) Extension of
the standards of conduct to cover the relationship between natural gas
transmission providers and their energy affiliates under section
358.3(d); (2) the scope of the restrictions on sharing risk management
employees between the natural gas transmission providers and their
marketing/energy affiliates under section 358.4(a)(6); (3) the scope of
the restrictions on sharing lawyers between natural gas transmission
providers and their marketing/energy affiliates; (4) the scope of the
requirement that natural gas transmission providers post all
discretionary acts under section 358.5(c)(4); and (5) the timing as to
when newly certificated pipelines become subject to the standards of
conduct.

C. The Court's Decision

    13. In National Fuel, the court vacated Order No. 2004 as
applicable to natural gas pipelines because of the expansion of the
standards of conduct to include the new definition of energy
affiliates. The court explained that the Commission relied on both
theoretical grounds and on record evidence to justify this expansion.
The court concluded that the Commission's record evidence did not
withstand scrutiny and, thus, concluded the expansion was arbitrary and
capricious in violation of the Administrative Procedure Act.\23\ The
court vacated Order No. 2004 as applicable to natural gas pipelines. In
light of this disposition, the court did not address the other four
issues raised on appeal regarding Order No. 2004.
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    \23\ National Fuel at 4.
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III. Discussion

A. Partially Repromulgating Part 358

    14. Much of Order No. 2004 codified case-by-case exceptions that
had evolved during the implementation of Order Nos. 497 and 889, which
were beneficial to the natural gas transmission providers and not
appealed. Some of the provisions under Order No. 2004 that were not
challenged on appeal included: codifying exceptions to the independent

functioning requirement; \24\ revising information sharing prohibitions
to reflect practical considerations \25\ and emergency circumstances;
\26\ codifying a training requirement; \27\ revising and imposing new
posting requirements to improve transparency; \28\ and requiring the
transmission providers to designate a chief compliance officer.\29\
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    \24\ 18 CFR 358.4 (2006).
    \25\ 18 CFR 358.5(b)(6) and (8) (2006).
    \26\ 18 CFR 358.4(a)(2) (2006).
    \27\ 18 CFR 358.4(e)(5) (2006).
    \28\ 18 CFR 358.5(a) and (b) (2006).
    \29\ 18 CFR 358.4(e)(6) (2006).
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    15. This interim rule maintains one set of standards of conduct
regulations for both the natural gas and electric utility industries.
The Commission, however, is only making changes applicable to natural
gas transmission providers consistent with National Fuel. Therefore,
the interim rule makes inapplicable to natural gas transmission
providers those portions of the standards of conduct that the court
found unsupportable or that were challenged on appeal. However, it also
repromulgates those sections that were not appealed and not found
infirm.
    16. In response to several informal inquiries, the Commission also
clarifies that waivers or exemptions that the Commission issued under
Order No. 2004 are not negatively impacted by the National Fuel
decision.

B. Natural Gas Transmission Providers and Their Energy Affiliates

    17. Because the court's decision focused on the Commission's lack
of evidence to support expanding the standards of conduct to govern the
relationship between natural gas transmission providers and their
energy affiliates, the interim rule adds a new provision stating that
the standards of conduct do not govern the relationship between natural
gas transmission providers and their energy affiliates. The effect of
this change, along with the modification to the definition of marketing
as discussed below, is that the standards of conduct for natural gas
transmission providers will only govern the relationship between a
transmission provider and its marketing affiliates, consistent with the
prior standards of conduct before the adoption of Order No. 2004. New
section 358.1(e) reads as follows:

    The standards of conduct in this part do not govern the
relationship between a natural gas Transmission Provider as defined
in Sec.  358.3(a)(2) and its Energy Affiliates.

C. New Definition of Marketing Affiliate

    18. Order No. 2004 revised the definition of marketing affiliate
previously codified by Order No. 497. As a result, the interim rule
will promulgate regulations that mirror the exceptions to the
definition of marketing that were found in Order No. 497.\30\
Specifically, a new provision at section 358.3(l) provides as follows:

    \30\ Former 18 CFR 161.2(c) (2003).
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    Marketing or brokering under section 358.3(e) means a sale of
natural gas to any person or entity by a seller that is not an
interstate pipeline, except when: (1) The seller is selling gas
solely from its own production; (2) The seller is selling gas solely
from its own gathering or processing facilities; or (3) The seller
is an intrastate natural gas pipeline or a local distribution
company making an on-system sale.

D. Sharing of Risk Management Employees

    19. Prior to Order No. 2004, the standards of conduct were silent
on whether a transmission provider could share risk management
employees with its marketing affiliates. In reviewing the standards of
conduct procedures submitted by Vector Pipeline, however, the
Commission held that a natural gas pipeline could not share risk
management employees if the functions included assessing the
creditworthiness of a transmission customer.\31\ Subsequently, in Order
No. 2004, the Commission reiterated that holding and permitted the
sharing of risk management employees provided that they were not
``engaged in transmission functions or sales or commodity functions
with their Marketing or Energy Affiliate.'' \32\ INGAA appealed this
issue.
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    \31\ Vector Pipeline, L.P., 97 FERC ] 61,085 (2001).
    \32\ Order No. 2004 at P 112. See also 18 CFR 358.4(a)(6)
(2006).
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    20. As mentioned above, the court did not address the risk
management exception in the independent functioning requirement. Still,
because it was raised as an issue on appeal, the Commission believes
that to be faithful to the court's decision, section 358.4(a)(6) must
be amended. Therefore, the Commission is adding, on an interim basis, a
second sentence to that section as follows:
    This provision does not apply to natural gas transmission
providers.

E. Discretionary Tariff Provision

    21. In Order No. 2004, the Commission required the transmission
provider to maintain a log detailing the circumstances and manner in
which it exercised discretion under any terms of its tariff and post it
on its OASIS or internet Web site.\33\ The regulatory language in Order
No. 2004 was substantively identical to the requirement under Order No.
889, but it was different than the requirement under Order No. 497.
Former section 161.3(k) promulgated under Order No. 497 required a
pipeline to maintain a written log of waivers that the pipeline grants
with respect to tariff provisions that provide for such discretionary
waivers and provide the log to any person requesting it within 24 hours
of the request. On appeal, one of the petitioners claimed that section
358.5(c)(4) was much broader than former section 161.3(k), arguing that
there was a significant difference between granting waivers of tariff
provisions that provide for such discretionary waivers (former section
161.3(k)) and exercising discretion under any terms of its tariff
(section 358.5(c)(4)).
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    \33\ 18 CFR 358.5(c)(4) (2006).
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    22. In response to the National Fuel decision, on an interim basis,
the Commission is revising section 358.5(c)(4). First, we will make
clear that 358.5(c)(4) only applies to electric public utility
transmission providers and, second, we will adopt the language
regarding discretionary waivers from Order No. 497 for natural gas
transmission providers. Accordingly, we adopt the following language at
section 358.5(c)(4):

    (i) Electric Transmission Providers must maintain a written log,
available for Commission audit, detailing the circumstances and
manner in which they exercised their discretion under any terms of
the tariff. The information contained in this log is to be posted on
the OASIS or Internet Web site within 24 hours of when a
Transmission Provider exercises its discretion under any terms of
the tariff.
    (ii) Natural gas Transmission Providers must maintain a written
log of waivers that the natural gas Transmission Provider grants
with respect to tariff provisions that provide for such
discretionary waivers and provide the log to any person requesting
it within 24 hours of the request.

    23. The Commission recognizes that many natural gas transmission
providers have put in place procedures to post information regarding
discretionary waivers on their Internet Web sites. Of course, this is
an acceptable means of complying with the requirement in lieu of
providing the log to any person requesting it within 24 hours of the
request.

F. Sharing of Lawyers

    24. With respect to the sharing of lawyers, under the Order No. 497
standards of conduct, lawyers were treated as permissibly shared
employees.\34\ Order No. 2004 was silent

as to the classification of lawyers. In Order No. 2004-A, the
Commission clarified that a lawyer who participates in transmission
policy decisions on behalf of a Transmission Provider would be
considered a transmission function employee (and hence, not permissibly
shared).\35\ Additionally, the Commission explained that lawyers may
provide legal or regulatory advice in their traditional roles without
becoming transmission function employees,\36\ but, an individual's
title of ``lawyer'' did not automatically exempt him/her from the
independent functioning requirement. The Commission stated that if
lawyers participate in transmission policy decisions on behalf of
transmission providers, the Commission considers that participation to
be a transmission function and the lawyers to be transmission function
employees.\37\ Following requests for clarification, the Commission
stated that lawyers may provide legal or regulatory advice in their
traditional roles without becoming transmission function employees, but
to the extent that lawyers conduct transmission functions or are
involved in planning, directing or organizing transmission functions,
the lawyer's status as a ``lawyer'' does not exempt him/her from also
being a transmission function employee.\38\
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    \34\ Order No. 497 at 31,142.
    \35\ Order No. 2004-A at P 157.
    \36\ Section 358.3(j) defines transmission function employee as
an employee, contractor, consultant or agent of a transmission
provider who conducts transmission system operations or reliability
functions, including, but not limited to, those who are engaged in
day-to-day duties and responsibilities for planning, directing,
organizing or carrying out transmission-related operations.
    \37\ Order No. 2004-A at P 157.
    \38\ Order No. 2004-B at P 74.
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    25. This issue was appealed. In light of the court's decision, the
Commission clarifies that participating in business decisions by
rendering legal advice does not make a lawyer a transmission function
employee. Since this issue was discussed in the preamble to Order No.
2004, there is no regulatory text to adopt or revise. However, this
clarification is intended to provide direction to the natural gas
industry that the Commission will treat lawyers as permissibly shared
employees for natural gas transmission providers.

G. Timing of When a Natural Gas Transmission Provider Becomes Subject
to the Standards of Conduct

    26. Under Order No 497, a natural gas transmission provider became
subject to the standards of conduct when the transmission provider
commenced transportation transactions with its marketing or brokering
affiliate.\39\ In the preamble of Order No. 2004, the Commission stated
that newly formed transmission providers would become subject to the
standards of conduct when the transmission providers begin soliciting
business or negotiating contracts, as those are activities which the
Commission considers transmission function activities. Since the timing
of applicability of the standards of conduct was one of the items on
appeal, the Commission will treat this issue as if the court had ruled
against the Commission on this issue. As a result, the Commission will
not require natural gas transmission providers to observe the standards
of conduct until they commence transportation transactions with their
marketing affiliates. Because this issue was discussed in the preamble
to Order No. 2004, there is no regulatory text to adopt or revise.
However, in the interim, the foregoing statement is intended to provide
direction to the industry with respect to when the Commission will
consider natural gas transmission providers subject to the standards of
conduct.
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    \39\ Former 18 CFR 161.1 (2003).
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IV. Information Collection Statement

    27. The Office of Management and Budget (OMB) regulations require
approval of certain information collection requirements imposed by
agency rules.\40\ Previously, the Commission submitted to OMB the
information collection requirements arising from the standards of
conduct adopted in Order No. 2004. OMB approved those requirements.\41\
This interim rule does not impose any additional information collection
burden on industry participants.
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    \40\ 5 CFR 1320.11 (2006).
    \41\ Letter from OMB to the Commission (Jan. 20, 2004) (OMB
Control Number 1902-0157); ``Notice of Action'' letter from OMB to
the Commission (Jan. 20, 2004) (OMB Control Number 1902-0173).
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    28. The Commission is submitting notification of the information
collection requirements imposed in the Interim Rule to OMB for its
review and approval under section 3507(d) of the Paperwork Reduction
Act of 1995.\42\ Comments are solicited on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of provided burden estimates, ways to enhance the quality,
utility, and clarity of the information to be collected, and any
suggested methods of minimizing respondent's burden, including the use
of automated information techniques.
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    \42\ 44 U.S.C. 3507(d) (2000).
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    29. OMB regulations require OMB to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this proposed rule to OMB.
    Title: FERC-592.
    Action: Proposed Collection.
    OMB Control No: 1902-0157.
    Respondents: Business or other for profit.
    Frequency of Responses: On occasion.
    Necessity of the Information: The information is necessary to
ensure that all regulated transmission providers treat all transmission
customers in a non-discriminatory basis.
    Internal Review: The Commission has reviewed the requirements
pertaining to natural gas pipelines and determined the interim rule is
necessary to avoid a regulatory gap.
    30. These requirements conform to the Commission's plan for
efficient information collection, communication, and management within
the natural gas and electric public utility industries. The Commission
has assured itself, by means of internal review, that there is
specific, objective support for the burden estimates associated with
the information requirements.
    31. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, [Attention: Michael Miller,
Office of the Chief Information Officer], phone:<PHONE_NUMBER>, fax:
(202) 208-2425, e-mail<EMAIL_ADDRESS>Comments on the
requirements of the proposed rule also may 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].

V. Environmental Analysis

    32. 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.\43\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\44\ The action proposed here falls within the categorical
exclusions provided in the Commission's regulations because this rule
is clarifying and corrective and does not substantially change the
effect of the regulations being amended.\45\

Therefore, an environmental assessment is unnecessary and has not been
prepared in this rulemaking.
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    \43\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \44\ 18 CFR 380.4 (2006).
    \45\ 18 CFR 380.4(a)(2)(ii) and 380.4(a)(5) (2006).
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VI. Regulatory Flexibility Act

    33. The Regulatory Flexibility Act of 1980 \46\ generally requires
a description and analysis of final rules that will have significant
economic impact on a substantial number of small entities. Because most
transmission providers do not fall within the definition of ``small
entity,'' \47\ the Commission certifies that this rule will not have a
significant economic impact on a substantial number of small entities.

VII. Document Availability

    34. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's

Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426.
    35. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
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    36. User assistance is available for eLibrary and the FERC's
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VIII. Effective Date and Congressional Notification
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    \46\ 5 U.S.C. 601-612 (2000).
    \47\ See 5 U.S.C. 601(3) (2000).
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    37. These regulations are effective on date of issuance. 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. The Commission will submit
the interim rule to both houses of Congress and the General Accounting
Office.\48\
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    \48\ 5 U.S.C. 801(a)(1)(A) (2000).
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List of Subjects in 18 CFR Part 358

    Electric power plants, Electric utilities, Natural gas, Reporting
and recordkeeping requirements.

    By the Commission.
Magalie R. Salas,
Secretary.

0
In consideration of the foregoing, the Commission revises part 358,
Chapter I, Title 18, Code of Federal Regulations, to read as follows.

PART 358--STANDARDS OF CONDUCT

Sec.
358.1 Applicability.
358.2 General principles.
358.3 Definitions.
358.4 Independent functioning.
358.5 Non-discrimination requirements.

    Authority: 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791-825r,
2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.

Sec.  358.1  Applicability.

    (a) This part applies to any interstate natural gas pipeline that
transports gas for others pursuant to subpart A of part 157 or subparts
B or G of part 284 of this chapter.
    (b) This part applies to any public utility that owns, operates, or
controls facilities used for the transmission of electric energy in
interstate commerce.
    (c) This part does not apply to a public utility Transmission
Provider that is a Commission-approved Independent System Operator
(ISO) or Regional Transmission Organization (RTO). If a public utility
transmission owner participates in a Commission-approved ISO or RTO and
does not operate or control its transmission facilities and has no
access to transmission, customer or market information covered by Sec.
358.5(b), it may request an exemption from this part.
    (d) A Transmission Provider may file a request for an exemption
from all or some of the requirements of this part for good cause.
    (e) The Standards of Conduct in this part do not govern the
relationship between a natural gas Transmission Provider as defined in
Sec.  358.3(a)(2) and its Energy Affiliates.

Sec.  358.2  General principles.

    (a) A Transmission Provider's employees engaged in transmission
system operations must function independent from employees of its
Marketing and Energy Affiliates.
    (b) A Transmission Provider must treat all transmission customers,
affiliated and non-affiliated, on a non-discriminatory basis, and must
not operate its transmission system to preferentially benefit its
Marketing or Energy Affiliates.

Sec.  358.3  Definitions.

    (a) Transmission Provider means:
    (1) Any public utility that owns, operates or controls facilities
used for the transmission of electric energy in interstate commerce; or
    (2) Any interstate natural gas pipeline that transports gas for
others pursuant to subpart A of part 157 or subparts B or G of part 284
of this chapter.
    (3) A Transmission Provider does not include a natural gas storage
provider authorized to charge market-based rates that is not
interconnected with the jurisdictional facilities of any affiliated
interstate natural gas pipeline, has no exclusive franchise area, no
captive ratepayers and no market power.
    (b) Affiliate means:
    (1) Another person that controls, is controlled by or is under
common control with, such person. An Affiliate includes a division that
operates as a functional unit,
    (2) For any exempt wholesale generator, as defined under Section
32(a) of the Public Utility Holding Company Act of 1935, as amended,
the same as provided in section 214 of the Federal Power Act.
    (c) Control (including the terms ``controlling,'' ``controlled
by,'' and ``under common control with'') as used in this part and Sec.
250.16 of this chapter, includes, but is not limited to, the
possession, directly or indirectly and whether acting alone or in
conjunction with others, of the authority to direct or cause the
direction of the management or policies of a company. A voting interest
of 10 percent or more creates a rebuttable presumption of control.
    (d) Energy Affiliate means an affiliate of a Transmission Provider
that:
    (1) Engages in or is involved in transmission transactions in U.S.
energy or transmission markets; or
    (2) Manages or controls transmission capacity of a Transmission
Provider in U.S. energy or transmission markets; or
    (3) Buys, sells, trades or administers natural gas or electric
energy in U.S. energy or transmission markets; or
    (4) Engages in financial transactions relating to the sale or
transmission of natural gas or electric energy in U.S. energy or
transmission markets.
    (5) A local distribution company division of an electric public
utility Transmission Provider shall be considered the functional
equivalent of an Energy Affiliate, unless it qualifies for the
exemption in Sec.  358.3(d)(6)(v).
    (6) An Energy Affiliate does not include:

    (i) A foreign affiliate that does not participate in U.S. energy
markets;
    (ii) An affiliated Transmission Provider or an interconnected
foreign affiliated natural gas pipeline that is engaged in natural gas
transmission activities that are regulated by the state, provincial or
national regulatory boards of the foreign country in which such
facilities are located.
    (iii) A holding, parent or service company that does not engage in
energy or natural gas commodity markets or is not involved in
transmission transactions in U.S. energy markets;
    (iv) An affiliate that purchases natural gas or energy solely for
its own consumption. ``Solely for its own consumption'' does not
include the purchase of natural gas or energy for the subsequent
generation of electricity.
    (v) A State-regulated local distribution company that acquires
interstate transmission capacity to purchase and resell gas only for
on-system sales, and otherwise does not engage in the activities
described in Sec. Sec.  358.3(d)(1), (2), (3) or (4), except to the
limited extent necessary to support on-system sales and to engage in de
minimis sales necessary to remain in balance under applicable pipeline
tariff requirements.
    (vi) A processor, gatherer, Hinshaw pipeline or an intrastate
pipeline that makes incidental purchases or sales of de minimis volumes
of natural gas to remain in balance under applicable pipeline tariff
requirements and otherwise does not engage in the activities described
in Sec. Sec.  358.3(d)(1), (2), (3) or (4).
    (e) Marketing, sales or brokering means a sale for resale of
natural gas or electric energy in interstate commerce. Sales and
marketing employee or unit includes:
    (1) An interstate natural gas pipeline's sales operating unit, to
the extent provided in Sec.  284.286 of this chapter, and
    (2) A public utility Transmission Provider's energy sales unit,
unless such unit engages solely in bundled retail sales.
    (3) Marketing or sales does not include incidental purchases or
sales of natural gas to operate interstate natural gas pipeline
transmission facilities.
    (f) Transmission means natural gas transportation, storage,
exchange, backhaul, or displacement service provided pursuant to
subpart A of part 157 or subparts B or G of part 284 of this chapter;
and electric transmission, network or point-to-point service,
reliability service, ancillary services or other methods of
transportation or the interconnection with jurisdictional transmission
facilities.
    (g) Transmission Customer means any eligible customer, shipper or
designated agent that can or does execute a transmission service
agreement or can or does receive transmission service, including all
persons who have pending requests for transmission service or for
information regarding transmission.
    (h) Open Access Same-time Information System or OASIS refers to the
Internet location where a public utility posts the information, by
electronic means, required by part 37 of this chapter.
    (i) Internet Web site refers to the Internet location where an
interstate natural gas pipeline posts the information, by electronic
means, required by Sec. Sec.  284.12 and 284.13 of this chapter.
    (j) Transmission Function employee means an employee, contractor,
consultant or agent of a Transmission Provider who conducts
transmission system operations or reliability functions, including, but
not limited to, those who are engaged in day-to-day duties and
responsibilities for planning, directing, organizing or carrying out
transmission-related operations.
    (k) Marketing Affiliate means an Affiliate as that term is defined
in Sec.  358.3(b) or a unit that engages in marketing, sales or
brokering activities as those terms are defined at Sec.  358.3(e).
    (l) Marketing or brokering under Sec.  358.3(e) means a sale of
natural gas to any person or entity by a seller that is not an
interstate pipeline, except when:
    (1) The seller is selling gas solely from its own production;
    (2) The seller is selling gas solely from its own gathering or
processing facilities; or
    (3) The seller is an intrastate natural gas pipeline or a local
distribution company making an on-system sale.

Sec.  358.4  Independent functioning.

    (a) Separation of functions. (1) Except in emergency circumstances
affecting system reliability, the transmission function employees of
the Transmission Provider must function independently of the
Transmission Provider's Marketing or Energy Affiliates' employees.
    (2) Notwithstanding any other provisions in this section, in
emergency circumstances affecting system reliability, a Transmission
Provider may take whatever steps are necessary to keep the system in
operation. Transmission Providers must report to the Commission and
post on the OASIS or Internet Web site, as applicable, each emergency
that resulted in any deviation from the standards of conduct, within 24
hours of such deviation.
    (3) The Transmission Provider is prohibited from permitting the
employees of its Marketing or Energy Affiliates from:
    (i) Conducting transmission system operations or reliability
functions; and
    (ii) Having access to the system control center or similar
facilities used for transmission operations or reliability functions
that differs in any way from the access available to other transmission
customers.
    (4) Transmission Providers are permitted to share support employees
and field and maintenance employees with their Marketing and Energy
Affiliates.
    (5) Transmission Providers are permitted to share with their
Marketing or Energy Affiliates senior officers and directors who are
not ``Transmission Function Employees'' as that term is defined in
Sec.  358.3(j). A Transmission Provider may share transmission
information covered by Sec.  385.5(a) and (b) with its shared senior
officers and directors provided that they do not participate in
directing, organizing or executing transmission system operations or
marketing functions; or act as a conduit to share such information with
a Marketing or Energy Affiliate.
    (6) Transmission Providers are permitted to share risk management
employees that are not engaged in Transmission Functions or sales or
commodity Functions with their Marketing and Energy Affiliates. This
provision does not apply to natural gas transmission providers.
    (b) Identifying affiliates on the public Internet. (1) A
Transmission Provider must post the names and addresses of Marketing
and Energy Affiliates on its OASIS or Internet Web site.
    (2) A Transmission Provider must post on its OASIS or Internet Web
site, as applicable, a complete list of the facilities shared by the
Transmission Provider and its Marketing and Energy Affiliates,
including the types of facilities shared and their addresses.
    (3) A Transmission Provider must post comprehensive organizational
charts showing:
    (i) The organizational structure of the parent corporation with the
relative position in the corporate structure of the Transmission
Provider, Marketing and Energy Affiliates;
    (ii) For the Transmission Provider, the business units, job titles
and descriptions, and chain of command for all positions, including
officers and directors, with the exception of clerical, maintenance,
and field positions. The job titles and descriptions must include the
employee's title, the employee's duties, whether the employee is

involved in transmission or sales, and the name of the supervisory
employees who manage non-clerical employees involved in transmission or
sales.
    (iii) For all employees who are engaged in transmission functions
for the Transmission Provider and marketing or sales functions or who
are engaged in transmission functions for the Transmission Provider and
are employed by any of the Energy Affiliates, the Transmission Provider
must post the name of the business unit within the marketing or sales
unit or the Energy Affiliate, the organizational structure in which the
employee is located, the employee's name, job title and job description
in the marketing or sales unit or Energy Affiliate, and the employee's
position within the chain of command of the Marketing or Energy
Affiliate.
    (iv) The Transmission Provider must update the information on its
OASIS or Internet Web site, as applicable, required by Sec. Sec.
358.4(b)(1), (2) and (3) within seven business days of any change, and
post the date on which the information was updated.
    (v) The Transmission Provider must post information concerning
potential merger partners as affiliates within seven days after the
potential merger is announced.
    (vi) All OASIS or Internet Web site postings required by part 358
must comply, as applicable, with the requirements of Sec.  37.6 or
Sec. Sec.  284.12(a) and (c)(3)(v) of this chapter.
    (c) Transfers. Employees of the Transmission Provider, Marketing or
Energy Affiliates are not precluded from transferring among such
functions as long as such transfer is not used as a means to circumvent
the Standards of Conduct. Notices of any employee transfers between the
Transmission Provider, on the one hand, and the Marketing or Energy
Affiliates on the other, must be posted on the OASIS or Internet Web
site, as applicable. The information to be posted must include: the
name of the transferring employee, the respective titles held while
performing each function (i.e., on behalf of the Transmission Provider,
Marketing or Energy Affiliate), and the effective date of the transfer.
The information posted under this section must remain on the OASIS or
Internet Web site, as applicable, for 90 days.
    (d) Books and records. A Transmission Provider must maintain its
books of account and records (as prescribed under parts 101, 125, 201
and 225 of this chapter) separately from those of its Energy Affiliates
and these must be available for Commission inspections.
    (e) Written procedures. (1) By February 9, 2004, each Transmission
Provider is required to file with the Commission and post on the OASIS
or Internet Web site a plan and schedule for implementing the standards
of conduct.
    (2) Each Transmission Provider must be in full compliance with the
standards of conduct by September 22, 2004.
    (3) The Transmission Provider must post on the OASIS or Internet
Web site, current written procedures implementing the standards of
conduct in such detail as will enable customers and the Commission to
determine that the Transmission Provider is in compliance with the
requirements of this section by September 22, 2004 or within 30 days of
becoming subject to the requirements of part 358.
    (4) Transmission Providers will distribute the written procedures
to all Transmission Provider employees and employees of the Marketing
and Energy Affiliates.
    (5) Transmission Providers shall train officers and directors as
well as employees with access to transmission information or
information concerning gas or electric purchases, sales or marketing
functions. The Transmission Provider shall require each employee to
sign a document or certify electronically signifying that s/he has
participated in the training.
    (6) Transmission Providers are required to designate a Chief
Compliance Officer who will be responsible for standards of conduct
compliance.

Sec.  358.5  Non-discrimination requirements.

    (a) Information access. (1) The Transmission Provider must ensure
that any employee of its Marketing or Energy Affiliate may only have
access to that information available to the Transmission Provider's
transmission customers (i.e., the information posted on the OASIS or
Internet Web site, as applicable), and must not have access to any
information about the Transmission Provider's transmission system that
is not available to all users of an OASIS or Internet Web site, as
applicable.
    (2) The Transmission Provider must ensure that any employee of its
Marketing or Energy Affiliate is prohibited from obtaining information
about the Transmission Provider's transmission system (including, but
not limited to, information about available transmission capability,
price, curtailments, storage, ancillary services, balancing,
maintenance activity, capacity expansion plans or similar information)
through access to information not posted on the OASIS or Internet Web
site or that is not otherwise also available to the general public
without restriction.
    (b) Prohibited disclosure. (1) An employee of the Transmission
Provider may not disclose to its Marketing or Energy Affiliates any
information concerning the transmission system of the Transmission
Provider or the transmission system of another (including, but not
limited to, information received from non-affiliates or information
about available transmission capability, price, curtailments, storage,
ancillary services, balancing, maintenance activity, capacity expansion
plans, or similar information) through non-public communications
conducted off the OASIS or Internet Web site, through access to
information not posted on the OASIS or Internet Web site that is not
contemporaneously available to the public, or through information on
the OASIS or Internet Web site that is not at the same time publicly
available.
    (2) A Transmission Provider may not share any information, acquired
from non-affiliated transmission customers or potential non-affiliated
transmission customers, or developed in the course of responding to
requests for transmission or ancillary service on the OASIS or Internet
Web site, with employees of its Marketing or Energy Affiliates, except
to the limited extent information is required to be posted on the OASIS
or Internet website in response to a request for transmission service
or ancillary services.
    (3) If an employee of the Transmission Provider discloses
information in a manner contrary to the requirements of Sec.
358.5(b)(1) and (2), the Transmission Provider must immediately post
such information on the OASIS or Internet Web site.
    (4) A non-affiliated transmission customer may voluntarily consent,
in writing, to allow the Transmission Provider to share the non-
affiliated customer's information with a Marketing or Energy Affiliate.
If a non-affiliated customer authorizes the Transmission Provider to
share its information with a Marketing or Energy Affiliate, the
Transmission Provider must post notice on the OASIS or Internet Web
site of that consent along with a statement that it did not provide any
preferences, either operational or rate-related, in exchange for that
voluntary consent.
    (5) A Transmission Provider is not required to contemporaneously
disclose to all transmission customers or potential transmission
customers information covered by Sec.  358.5(b)(1) if it relates solely
to a Marketing or Energy

Affiliate's specific request for transmission service.
    (6) A Transmission Provider may share generation information
necessary to perform generation dispatch with its Marketing and Energy
Affiliate that does not include specific information about individual
third party transmission transactions or potential transmission
arrangements.
    (7) Neither a Transmission Provider nor an employee of a
Transmission Provider is permitted to use anyone as a conduit for
sharing information covered by the prohibitions of Sec. Sec.
358.5(b)(1) and (2) with a Marketing or Energy Affiliate. A
Transmission Provider may share information covered by Sec. Sec.
358.5(b)(1) and (2) with employees permitted to be shared under
Sec. Sec.  358.4(a)(4), (5) and (6) provided that such employees do not
act as a conduit to share such information with any Marketing or Energy
Affiliates.
    (8) A Transmission Provider is permitted to share information
necessary to maintain the operations of the transmission system with
its Energy Affiliates.
    (c) Implementing tariffs. (1) A Transmission Provider must strictly
enforce all tariff provisions relating to the sale or purchase of open
access transmission service, if these tariff provisions do not permit
the use of discretion.
    (2) A Transmission Provider must apply all tariff provisions
relating to the sale or purchase of open access transmission service in
a fair and impartial manner that treats all transmission customers in a
non-discriminatory manner, if these tariff provisions permit the use of
discretion.
    (3) A Transmission Provider must process all similar requests for
transmission in the same manner and within the same period of time.
    (4) (i) Electric Transmission Providers must maintain a written
log, available for Commission audit, detailing the circumstances and
manner in which they exercised their discretion under any terms of the
tariff. The information contained in this log is to be posted on the
OASIS or Internet website within 24 hours of when a Transmission
Provider exercises its discretion under any terms of the tariff.
    (ii) Natural gas Transmission Providers must maintain a written log
of waivers that the natural gas Transmission Provider grants with
respect to tariff provisions that provide for such discretionary
waivers and provide the log to any person requesting it within 24 hours
of the request.
    (5) The Transmission Provider may not, through its tariffs or
otherwise, give preference to its Marketing or Energy Affiliate, over
any other wholesale customer in matters relating to the sale or
purchase of transmission service (including, but not limited to, issues
of price, curtailments, scheduling, priority, ancillary services, or
balancing).
    (d) Discounts. Any offer of a discount for any transmission service
made by the Transmission Provider must be posted on the OASIS or
Internet Web site contemporaneous with the time that the offer is
contractually binding. The posting must include: the name of the
customer involved in the discount and whether it is an affiliate or
whether an affiliate is involved in the transaction, the rate offered;
the maximum rate; the time period for which the discount would apply;
the quantity of power or gas upon which the discount is based; the
delivery points under the transaction; and any conditions or
requirements applicable to the discount. The posting must remain on the
OASIS or Internet Web site for 60 days from the date of posting.

[FR Doc. E7-659 Filed 1-18-07; 8:45 am]

BILLING CODE 6717-01-P