[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Proposed Rules]
[Pages 45096-45104]
[FR Doc No: 2013-17745]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 /
Proposed Rules

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 38

[Docket No. RM05-5-022]

Standards for Business Practices and Communication Protocols for
Public Utilities

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to
incorporate by reference in its regulations Version 003 of the
Standards for Business Practices and Communication Protocols for Public
Utilities adopted by the Wholesale Electric Quadrant (WEQ) of the North
American Energy Standards Board (NAESB). These standards modify NAESB's
WEQ Version 002 and Version 002.1 Standards.

DATES: Comments are due September 24, 2013.

ADDRESSES: Comments, identified by Docket No. RM05-5-022, may be filed
in the following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
Tony Dobbins (technical issues), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER>.
Gary D. Cohen (legal issues), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Notice of Proposed Rulemaking

                            Table of Contents

                                                               Paragraph
                                                                 Nos.

I. Background...............................................           3
II. Discussion..............................................          10
    A. Revisions to OASIS Standards Made To Comply With               12
     Order No. 890 Objectives and Requirements..............
        1. Service Across Multiple Transmission Systems               12
         (SAMTS)............................................
        2. Network Integration Transmission Service (NITS)..          13
        3. Rollover Rights for Redirects....................          14
        4. Redirect Requests and Available Transfer Capacity          15
         (ATC) Credit.......................................
        5. OASIS Introduction and Applicability Sections....          16
        6. Commission Proposal..............................          16
    B. Revisions to OASIS Standards Not Related to Order No.          16
     890 Objectives and Requirements........................
    C. Other Standards......................................          18
        1. Coordinate Interchange Standards.................          18
        2. Gas/Electric Coordination Standards..............          18
        3. Public Key Infrastructure (PKI) Standards........          19
        4. Smart Grid Standards.............................          22
        5. Standards Related to Terms, Definition and                 24
         Acronyms...........................................
        6. Commission Proposal..............................          24
    D. Implementation.......................................          24
III. Notice of Use of Voluntary Consensus Standards.........          25
IV. Information Collection Statement........................          26
V. Environmental Analysis...................................          30
VI. Regulatory Flexibility Act Certification................          30
VII. Comment Procedures.....................................          32
VIII. Document Availability.................................          33

144 FERC ] 61,026

(Issued July 18, 2013.)
    1. In this notice of proposed rulemaking (NOPR), the Federal Energy
Regulatory Commission (Commission) proposes to amend its regulations
under the Federal Power Act \1\ to incorporate by reference, with
certain enumerated exceptions, the latest version of the Standards for
Business Practices and Communication Protocols for Public Utilities
(Version 003) adopted by the Wholesale Electric Quadrant (WEQ) of the
North American Energy Standards Board (NAESB) and filed with the
Commission as a package on September 18, 2012 (September 18 Filing), as
modified in a report filed with the Commission on January 30, 2013.
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    \1\ 16 U.S.C. 791a, et seq.

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    2. These revised standards update earlier versions of these
standards that the Commission previously incorporated by reference into
its regulations at 18 CFR 38.2. These new and revised standards include
modifications to support Order Nos. 890, 890-A, 890-B and 890-C,\2\
including the standards to support Network Integration Transmission
Service on an Open Access Same-Time Information System (OASIS), Service
Across Multiple Transmission Systems (SAMTS), standards to support the
Commissions policy regarding rollover rights for redirects on a firm
basis, standards that incorporate the functionality for transmission
providers to credit redirect requests with the capacity of the parent
reservation and standards modifications to support consistency across
the OASIS-related standards.
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    \2\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241
(2007), order on reh'g, Order No. 890-A, FERC Stats. & Regs. ]
31,261 (2007), order on reh'g, Order No. 890-B, 123 FERC ] 61,299
(2008), order on reh'g and clarification, Order No. 890-C, 126 FERC
] 61,228 (2009) (Order No. 890-C). The Version 002 standards also
included revisions made in response to Order No. 890 (see infra P
11).
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    3. The Version 003 Standards also include modifications to the
OASIS-related standards that NAESB states support Order Nos. 676, 676-
A, 676-E and 717 and add consistency.\3\ In addition, NAESB states that
it made modifications to the Coordinate Interchange standards to
compliment the updates to the e-Tag specifications,\4\ modifications to
the Gas/Electric Coordination standards to provide consistency between
the two markets \5\ and re-organized and revised definitions to create
a standard set of terms, definitions and acronyms applicable to all
NAESB WEQ standards.\6\ NAESB states that the Version 003 Standards
also include standards related to Demand Side Management and Energy
Efficiency,\7\ which the Commission incorporated by reference in Docket
No. RM05-5-020 \8\ after NAESB filed its Version 003 report, and Smart
Grid-related standards that NAESB previously filed with the Commission
in Docket No. RM05-5-021.\9\
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    \3\ Standards for Business Practices and Communication Protocols
for Public Utilities, Order No. 676, FERC Stats. & Regs. ] 31,216,
(2006), reh'g denied, Order No. 676-A, 116 FERC ] 61,255 (2006),
Final Rule, Order No. 676-B, FERC Stats. & Regs. ] 31,246 (2007),
Final Rule, Order No. 676-C, FERC Stats. & Regs. ] 31,274 (2008),
order granting clarification and denying reh'g, Order No. 676-D, 124
FERC ] 61,317 (2008), Final Rule, Order No. 676-E, FERC Stats. &
Regs. ] 31,299 (2009) (Order No. 676-E); Standards of Conduct for
Transmission Providers, Order No. 717, FERC Stats. & Regs. ] 31,280
(2008) (Order No. 717).
    \4\ September 18 Filing, transmittal at 2 (citing NAESB WEQ
Electronic Tagging--Functional Specifications, Version 1.8.1).
    \5\ Id.
    \6\ Id.
    \7\ Id.
    \8\ Standards for Business Practices and Communication Protocols
for Public Utilities, Order No. 676-G, 78 FR 14654 (Mar. 7, 2013),
FERC Stats. & Regs. ] 31,343 (Feb. 21, 2013). In this rule, the
Commission incorporated by reference into its regulations updated
business practice standards adopted by NAESB's WEQ to categorize
various products and services for demand response and energy
efficiency and to support the measurement and verification of these
products and services in organized wholesale electric markets. These
same standards are included without revision in the Version 003
standards.
    \9\ These standards were originally cited in a NAESB July 2011
report filed with the Commission and were resubmitted as part of WEQ
Version 003. See Report of the North American Energy Standards Board
on Smart Grid Related Standards, Docket No. RM05-5-021 (filed July
7, 2011); NAESB September 18 Filing at 2.
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I. Background

    4. NAESB is a non-profit standards development organization
established in January 2002 that serves as an industry forum for the
development and promotion of business practice standards that promote a
seamless marketplace for wholesale and retail natural gas and
electricity. Since 1995, NAESB and its predecessor, the Gas Industry
Standards Board, have been accredited members of the American National
Standards Institute (ANSI), complying with ANSI's requirements that its
standards reflect a consensus of the affected industries.
    5. NAESB's standards include business practices that streamline the
transactional processes of the natural gas and electric industries, as
well as communication protocols and related standards designed to
improve the efficiency of communication within each industry. NAESB
supports all four quadrants of the gas and electric industries--
wholesale gas, wholesale electric, retail gas, and retail electric. All
participants in the gas and electric industries are eligible to join
NAESB and participate in standards development.
    6. NAESB develops its standards under a consensus process so that
the standards draw support from a wide range of industry members.
NAESB's procedures are designed to ensure that all industry members can
have input into the development of a standard, whether or not they are
members of NAESB, and each standard NAESB adopts is supported by a
consensus of the relevant industry segments. Standards that fail to
gain consensus support are not adopted.
    7. In Order No. 676, the Commission not only adopted business
practice standards and communication protocols for the wholesale
electric industry, it also established a formal ongoing process for
reviewing and upgrading the Commission's OASIS standards and other
wholesale electric industry business practice standards. In later
orders in this series, the Commission incorporated by reference: (1)
The Version 001 Business Practice Standards; \10\ (2) the Version 002.1
Business Practice Standards; \11\ (3) business practice standards
categorizing various demand response products and services; \12\ and
(4) OASIS-related Business Practice Standards related to Demand Side
Management and Energy Efficiency.\13\
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    \10\ Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-C, FERC Stats. & Regs.
] 31,274, reh'g denied, Order No. 676-D, 124 FERC ] 61,317 (2008).
    \11\ Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-E, FERC Stats. & Regs.
] 31,299 (2009). This order also incorporated revisions made in
response to Order Nos. 890, 890-A, and 890-B.
    \12\ Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-F, FERC Stats. & Regs.
] 31,309 (2010).
    \13\ Order No. 676-G, see supra n.8.
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    8. In Order No. 890, the Commission revisited the pro forma Open
Access Transmission Tariff (OATT) first established in Order No. 888
\14\ and adopted a revised pro forma OATT designed to better achieve
the objectives of preventing undue discrimination and providing greater
specificity and transparency. In later orders in this series, the
Commission affirmed, with clarifications, the basic findings that it
made in Order No. 890.
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    \14\ Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, FERC Stats. & Regs. ] 31,036 (1996), order on reh'g,
Order No. 888-A, FERC Stats. & Regs. ] 31,048 (1997), order on
reh'g, Order No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g,
Order No. 888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part sub
nom. Transmission Access Policy Study Group v. FERC, 225 F.3d 667
(D.C. Cir. 2002), aff'd sub nom. New York v. FERC, 535 U.S. 1
(2002).
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    9. A number of the findings made by the Commission in the Order No.
890 series of orders necessitated revisions to the Business Practice
Standards for Public Utilities so that there would be no inconsistency
between the requirements of Order No. 890 and the Business Practice
Standards. Accordingly, NAESB set up a work project to review the
existing business practice standards, identify which standards would
need revision to prevent any inconsistencies with the Order No. 890
requirements, and develop and adopt the needed revised standards. Those
revised standards form

part of the package of revisions included in the WEQ Version 003
Standards. These revisions are in addition to the Order No. 890-related
revisions incorporated by reference in Order No. 676-E.
    10. In total, NAESB's WEQ Version 003 business practice standards
include the following standards: \15\
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    \15\ All of the standards were filed with the Commission as a
package on September 18, 2012 and were modified on January 30, 2013.
    \16\ With the exception of standards WEQ 009 and 010, which are
unchanged from Versions 002 and 002.1, NAESB's Version 003 Report
adopts revisions to multiple subsections of each of the WEQ
standards listed.

------------------------------------------------------------------------
            WEQ \16\                  Standards & models related to:
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000............................  Abbreviations, Acronyms, and Definition
                                  of Terms, Version 003.
001............................  Open Access Same-Time Information
                                  System (OASIS), Version 003.
002............................  OASIS Standards and Communication
                                  Protocols (S&CP), Version 003.
003............................  OASIS S&CP Data Dictionaries.
004............................  Coordinate Interchange.
005............................  ACE Equation Special Cases.
006............................  Manual Time Error Corrections.
007............................  Inadvertent Interchange Payback.
008............................  Transmission Loading Relief.
009............................  Standards of Conduct.
010............................  Contracts Related Standards.
011............................  Gas/Electric Coordination.
012............................  Public Key Infrastructure (PKI).
013............................  OASIS Implementation Guide.
014............................  WEQ/WGQ eTariff Related Standards.
015............................  Measurement and Verification of
                                  Wholesale Electricity Demand Response.
016............................  Specifications for Common Electricity
                                  Product and Pricing Definition.
017............................  Specifications for Common Schedule
                                  Communication Mechanism for Energy
                                  Transactions.
018............................  Specifications for Wholesale Standard
                                  Demand Response Signals.
019............................  Customer Energy Usage Information
                                  Communication.
020............................  Smart Grid Standards Data Element
                                  Table.
021............................  Measurement and Verification of Energy
                                  Efficiency Products.
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    11. The Version 003 standards include five categories of standards
not previously incorporated by reference by the Commission that were
developed by NAESB in response to the Order No. 890 series of orders.
These include: (1) Standards that NAESB previously submitted to support
SAMTS;\17\ (2) part two of the standards modifications to the WEQ-001-
9.7 Business Practice Standard requested in FERC Order No. 890-A\18\
related to rollover rights to requests for redirect on a firm basis;
(3) the WEQ-001-<IP_ADDRESS> and WEQ-001-<IP_ADDRESS> Business Practice
standards that provide for transmission providers to process redirect
requests in a manner in which the request would be processed in a
manner that counts the available transfer capability encumbered by the
parent reservation as available for the redirected request; \19\ (4)
standards to support Network Integration Transmission Service on the
OASIS; \20\ and (5) standards modifications to support consistency
across the NAESB OASIS standards.\21\
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    \17\ See September 18 Filing at 3 & n.13 (citing submittal of
NAESB Standards Development to Support Coordination of Requests for
Transmission Service Across Multiple Transmission Systems (Docket
No. RM05-5-013) on October 7, 2011, with minor corrections on
January 25, 2012).
    \18\ See September 18 Filing at 3 (citing NAESB WEQ Business
Practices Standards Crediting Redirect Requests with the Capacity of
the Parent Reservation).
    \19\ Id. at 3.
    \20\ Id.
    \21\ Id.
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    12. In Order No. 717, the Commission made several modifications
related to the posting requirements associated with the Standards of
Conduct. Specifically, the Commission discontinued the requirement for
public utilities to post standards of conduct information on their
OASIS sites.\22\ In response, WEQ's Business Practice Subcommittee
modified the WEQ-001, WEQ-002 and WEQ-003 Business Practice Standards
to remove reference to the standards of conduct-related obligations
with the exception of a few template structures that may be implemented
at the option of the transmission provider. WEQ's OASIS Subcommittee
also modified standards WEQ-013-2.6.81 and WEQ-013-2.6.82 to clarify
the listing of service types, modified standards WEQ-001-14.1.3 and
WEQ-001-15.1.2 regarding the timing of required postings of narratives,
and made modifications to standards WEQ-001, WEQ-002 and WEQ-003
(concerning standards of conduct posting requirements) in response to
Order No. 717.
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    \22\ Order No. 717, FERC Stats. & Regs. ] 31,280 at PP 213-218
and PP 235-239.
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    13. The Joint Electric Scheduling Subcommittee (JESS), a standing
joint subcommittee made up of participants from NAESB and the North
American Electric Reliability Corporation (NERC), has been tasked with
coordinating efforts to maintain and modify, as needed, the coordinate
interchange business practice standards in WEQ-004 with their
associated reliability standards. JESS now leads the effort to
harmonize the Coordinate Interchange (WEQ-004) standards with the WEQ-
001, WEQ-003 and WEQ-013 Business Practice Standards in light of
revisions made to the Electronic Tagging Functional Specification,
previously maintained by NERC, and now maintained and updated, as
needed, by NAESB. The WEQ adopted additional modifications to the WEQ-
004 standards to use abbreviations, acronyms, definitions and terms
consistent with those in Standard WEQ-000 and to provide consistency
across all WEQ standards.
    14. WEQ adopted modifications to support consistency between the
WEQ business practice standards and the Wholesale Gas Quadrant (WGQ)
Gas/Electric Coordination standards. In addition, WEQ made
modifications to the business practice standards to harmonize the terms
and definitions contained within the WEQ business practice standards
with the definitions of those terms used in the business practice
standards for other quadrants. These changes were also coordinated to
be consistent with definitions and terms contained in the NERC
Glossary.
    15. Also included in the WEQ Version 003 standards are standards
developed to support Smart Grid applications as well as standards
related to the measurement and verification of Demand Response (DR) and
Energy Efficiency (EE) products. These standards have been referenced
in earlier reports filed with the Commission before the completion of
the WEQ Version 003 standards. The Smart Grid application standards had
been referenced in a report filed with the Commission on July 7, 2011
in Docket No. RM05-5-021. The DR and EE measurement and verification
standards were referenced in a report filed with the Commission on May
2, 2011 in Docket No. RM05-5-021 and have been the subject of
Commission action.\23\
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    \23\ Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-G, 78 FR 14654 (Mar.
7, 2013), FERC Stats. & Regs. ] 31,343 (Feb. 21, 2013).
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    16. Finally, NAESB's September 18 Filing includes an interpretation
of standards WEQ-001-9.1 and WEQ-001-10.1 and recites the results of a
quadrant wide effort to provide a common location for all
abbreviations, acronyms and definitions of terms that created the WEQ-
000 Business Practice Standards and addresses both internal
inconsistencies and inconsistencies between the standards and terms and
definitions in the NERC Glossary.

II. Discussion

    17. As discussed below, with certain enumerated exceptions, we
propose to

incorporate by reference (into the Commission's regulations at 18 CFR
38.2) the NAESB WEQ Version 003 standards.\24\ The Version 003
standards will update the Version 002.1 standards currently
incorporated by reference into the Commission's regulations.\25\
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    \24\ Consistent with our past practice, we do not propose to
incorporate by reference into the Commission's regulations the
following standards: Standards of Conduct for Electric Transmission
Providers (WEQ-009); Contracts Related Standards (WEQ-010); and WEQ/
WGQ eTariff Related Standards (WEQ-014). We do not propose to
incorporate by reference standard WEQ-009 because it contains no
substantive standards and merely serves as a placeholder for future
standards. We do not propose to incorporate by reference standard
WEQ-010 because this standard contains an optional NAESB contract
regarding funds transfers and the Commission does not require
utilities to use such contracts. In addition, we do not propose to
incorporate by reference standard WEQ-014, eTariff Related
Standards, because the Commission already has adopted standards and
protocols for electronic tariff filing based on the NAESB standards.
See Electronic Tariff Filings, Order No. 714, FERC Stats. & Regs. ]
31,276 (2008). Also, we do not propose to incorporate by reference
NAESB's interpretation of its standards on Gas/Electric Coordination
(WEQ-011). While interpretations may provide useful guidance,
NAESB's interpretations are not binding on the Commission and we
will not require utilities to comply with those interpretations
(although we will require compliance with all the standards that we
incorporate by reference into the Commission's regulations).
Additionally, as discussed more specifically the NITS section below,
we do not propose to incorporate by reference certain portions of
WEQ-001.
    \25\ See supra n.11.
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    18. We note that, in a separate rulemaking (in Docket No. RM13-17-
000) being issued concurrently with this NOPR, the Commission is
proposing new standards on coordination between natural gas and
electricity markets. Depending on the outcome of that proceeding, we
are considering situating the incorporation by reference that we are
proposing in this NOPR in a different section in Part 38 than section
38.2. This should not, however, affect the substance of our proposal.

A. Revisions to OASIS Standards Made To Comply With Order No. 890
Objectives and Requirements

    19. In the NAESB WEQ Version 003 standards, NAESB has developed new
standards and revised existing standards designed to ensure consistency
with certain policies articulated by the Commission in Order Nos. 890,
890-A and 890-B.
1. Service Across Multiple Transmission Systems (SAMTS)
    20. The SAMTS business practice standards were developed to provide
a process for customers to complete cross-regional transactions in
response to the Commission's requirement that transmission providers
develop business practice standards in this area.\26\ SAMTS-related
standards include modified and added terms in the Abbreviations,
Acronyms and Definition of Terms (newly created WEQ-000), OASIS
Business Practice Standards (WEQ-001), OASIS Standards and
Communication Protocols (WEQ-002), OASIS Data Dictionary (WEQ-003), and
the OASIS Implementation Guide (WEQ-013). The SAMTS standards address
the coordination of point-to-point transmission service and/or network
transmission service requests across multiple transmission systems. The
process requires each affected provider to independently evaluate its
portion of the linked request with the opportunity for reconciliation
by the customer once all evaluations are complete. The customer
communicates reconciled information to each of the affected providers.
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    \26\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 1377.
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2. Network Integration Transmission Service (NITS)
    21. Network Integration Transmission Service allows a Network
Customer to integrate, economically dispatch and regulate its current
and planned Network Resources to serve its Network Load in a manner
comparable to the way a Transmission Provider uses its Transmission
System to serve its Native Load Customers.\27\ The Commission required
that utilities use OASIS to request designation of new network
resources and to terminate designation of network resources.\28\ In
response to this requirement as well as other directives within Order
No. 890 \29\ and subsequent orders,\30\ NAESB's WEQ Executive Committee
adopted business practice standards to support the OASIS functionality
associated with NITS. These new and revised standards fall within the
WEQ-000, WEQ-001, WEQ-002 and WEQ-003 Business Practice Standards.
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    \27\ Order No. 890, Pro Forma OATT, Section III (Network
Integration Transmission Service) Preamble.
    \28\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 385.
    \29\ Id., PP 1477, 1504, 1532, and 1541.
    \30\ Order No. 890-A, FERC Stats. & Regs. ] 31,261 at P 919;
Order No. 890-B, 123 FERC ] 61,299 at P 188; Order No. 890-C, 126
FERC ] 61,228 at P 17.
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    22. The new/revised standards are designed to provide functionality
that:
     Allows transmission providers to handle requests (loads,
designation of a network resource, non-designated resources) on a
customer-by-customer basis,
     allows the option of tracking designated network resource
scheduling rights, and
     allows a customer to designate an agent to administer
OASIS transactions on its behalf.
    23. NAESB has proposed Standard WEQ-001-106.2.5, which appears to
contemplate a Transmission Provider refusing a request to terminate a
secondary network service. We request comment on the purpose of this
standard and on whether the Commission should incorporate this standard
by reference. We note that, in Order No. 890-A, the Commission found
that it was not appropriate to allow a Transmission Provider to deny
requests to terminate network resource designations, although Order No.
890-A did not directly address the issue of terminating secondary
network service.\31\
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    \31\ Id. P 950.
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3. Rollover Rights for Redirects
    24. In Order No. 676, the Commission incorporated by reference
NAESB's proposed standards for dealing with redirects, with the
exception of WEQ-001-9.7 which the Commission viewed as inconsistent
with the pro forma OATT and Commission policies on rollover rights.\32\
In Order No. 676-E, the Commission incorporated by reference new and
modified NAESB standards related to rollover rights with the continued
exception of standard WEQ-001-9.7. The Commission noted in Order No.
676-E that the filed NAESB standards represented only the first part of
a two part process through which NAESB will fully develop standards
that are consistent with the Commission's policy on rollover rights as
articulated in Order Nos. 890, 890-A and 676.\33\ As explained in Order
No. 676-E, NAESB stated that the second part of this process would
include modifications to Standard 001-9.7, as directed by Order No.
890.\34\
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    \32\ Order No. 676, FERC Stats. & Regs. ] 31,216 at P 52.
    \33\ Order No. 890, FERC Stats. & Regs. ] 31,241 at PP 1231-
1239; Order No. 890-A, FERC Stats. & Regs. ] 31,261 at PP 644-651;
Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 94.
    \34\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 7 & n.12
(citing NAESB Version 002.1 filing letter dated Feb. 19, 2009).
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    25. In the Version 003 standards, NAESB modified WEQ-001-9.7 so
that it would conform to the Commission's policy granting rollover
rights to requests for redirect on a firm basis.\35\

NAESB modified the WEQ-001-9 Business Practice Standards and modified
the definition of Unexercised Rollover Rights and added a definition
for Capacity Eligible for Rollover to make the NAESB standards
consistent with the Commission's regulations. NAESB also made relevant
modifications to standards WEQ-001, WEQ-002 and WEQ-013 and provided
examples for the conveyance of rollover rights with a redirect on a
firm basis provided in Appendix B of the WEQ-001 standards.
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    \35\ As we stated in Entergy Services, Inc., 143 FERC ] 61,143,
at P 25 & n.68 (2013), our guiding precedent on the issue of when a
customer requesting redirect loses rights on the original path was
set in Dynegy Power Marketing, Inc., 99 FERC ] 61,054, at P 9
(2002), where we held that a transmission customer receiving firm
transmission service does not lose its rights to its original path
until the redirect request satisfies all of the following criteria:
(1) It is accepted by the transmission provider; (2) it is confirmed
by the transmission customer; and (3) it passes the conditional
reservation deadline under OATT section 13.2.
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4. Redirect Requests and Available Transfer Capacity (ATC) Credit
    26. In the Version 003 Standards, NAESB added standards WEQ-001-
<IP_ADDRESS> and WEQ-001-<IP_ADDRESS>, which provide that transmission providers
are to process redirect requests in a manner that considers the
available transfer capability encumbered by the parent reservation as
available for the redirected request. The revised standards were
designed to avoid violation of first come, first served queue priority
principles.
5. OASIS Introduction and Applicability Sections
    27. NAESB proposed modifications to the introduction and
applicability sections of the OASIS standards to promote consistency
within the standards. The introductory section of the standards
provides a brief description of the purpose of the standard, while the
applicability section identifies the entities that are affected by the
standard. In addition, modifications were made to the organization and
the structure of standards WEQ-001 and WEQ-013 for purposes of
consistency.
6. Commission Proposal
    28. With the exceptions noted, we propose to incorporate by
reference Version 003 of these standards into the Commission's
regulations.

B. Revisions to OASIS Standards Not Related to Order No. 890 Objectives
and Requirements

    29. In Version 003, NAESB also made modifications to address three
issues not related to the requirements established in the Order No. 890
and not the subject of a report previously provided to the Commission.
In Order No. 717, the Commission modified the posting requirements for
waivers and exercises of discretion as well as some other posting
requirements.\36\ Of particular note, the Commission eliminated the
requirement for public utilities (and pipelines) to post standards of
conduct information on OASIS and instead required transmission
providers to post that information on their Web sites.\37\ NAESB
modified WEQ-001, WEQ-002 and WEQ-003 to remove reference to the
standards of conduct related obligations with the exception of a few
template structures that may be implemented at the option of the
transmission provider.
---------------------------------------------------------------------------

    \36\ Order No. 717, FERC Stats. & Regs. ] 31,280 at PP 213-218;
PP 235-249.
    \37\ Order No. 717, FERC Stats. & Regs. ] 31,280 at P 247.
---------------------------------------------------------------------------

    30. In Order No. 676-E, the Commission declined to incorporate
NAESB WEQ-001-14.1.3 and WEQ-001-15.1.2 (both related to ATC Narrative)
because these standards did not meet the Commission's requirement to
post the ATC narrative as soon as feasible.\38\ To correct this
deficiency, NAESB modified those two standards to provide that
transmission providers strive to post narratives within one business
day and requiring a posting within five business days. NAESB's report
does not present any reason why a transmission provider would need five
business days to post an ATC narrative and we remain concerned that the
five-business day requirement does not meet the Commission's
requirement to post the ATC narrative as soon as feasible. We invite
comments on the necessity for taking longer than one day to post the
ATC narrative.
---------------------------------------------------------------------------

    \38\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 39.
---------------------------------------------------------------------------

    31. In addition, NAESB made minor modifications to standards WEQ-
013-<IP_ADDRESS> and WEQ-013-<IP_ADDRESS> to clarify that the listings of service
types therein constitute examples and are not definitive. With the
exceptions noted, we propose to incorporate by reference Version 003 of
these standards into the Commission's regulations.

C. Other Standards

1. Coordinate Interchange Standards
    32. As explained above, JESS is leading efforts to modify the
Coordinate Interchange (WEQ-004) standards and, additionally, to make
related modifications to WEQ-001, WEQ-003 and WEQ-013 Business Practice
Standards to ensure that the standards are consistent with current
Electronic Tagging Functional specifications (now maintained by NAESB)
as well as to incorporate a guideline standardizing the rounding of
partial megawatt hours schedules.\39\ Additional modifications were
made to ensure consistency across all WEQ standards.
---------------------------------------------------------------------------

    \39\ See NAESB Version 003 Report at 9.
---------------------------------------------------------------------------

2. Gas/Electric Coordination Standards
    33. In the Version 003 standards, NAESB made modifications to
eliminate inconsistencies between definitions used by the NAESB
quadrants as well as the NERC Glossary.\40\ This included changing the
terms ``Power Plant Operator'' and ``Power Plant Operator's Facility''
to ``Power Plant Gas Coordinator'' and ``Power Plant Gas Coordinator's
Facility,'' respectively.\41\ Additionally, a definition for
``Transportation Service Provider'' was added and revisions were made
to ensure the consistent application of the terms ``Balancing
Authority'' and ``Reliability Coordinator.'' \42\ We propose to
incorporate by reference Version 003 of these standards into the
Commission's regulations.
---------------------------------------------------------------------------

    \40\ Id.
    \41\ Id.
    \42\ Id.
---------------------------------------------------------------------------

3. Public Key Infrastructure (PKI) Standards
    34. NAESB first developed Public Key Infrastructure (PKI) Standards
in 2007 and the Commission incorporated the PKI standard (Standard WEQ-
12), Version 001, by reference into its regulations in Order No. 676-
C.\43\ The NAESB PKI Standards incorporated by reference by the
Commission in Order No. 676-C were limited to requirements that an
Authorized Certification Authority (ACA) must meet in order to issue
certificates that are compliant with the NAESB PKI Standards and the
minimum physical characteristics that a certificate must meet in order
to achieve compliance with the NAESB PKI Standards.\44\ These standards
did not identify business transactions by public utilities that
required the use of PKI.
---------------------------------------------------------------------------

    \43\ See Order No. 676-C, FERC Stats. & Regs. ] 31,274 at P 75.
    \44\ Id.
---------------------------------------------------------------------------

    35. On rehearing, in Order No. 676-D, the Commission explained that
the NAESB standards apply to Certificate Authorities seeking
certification from NAESB, but did not require that public utilities use
PKI. The Commission explained: ``the PKI Standards are designed to
provide uniform standards for an encryption system that companies can,
but are not required to, use to enhance security for business

transactions taking place over the Internet.'' (emphasis added).\45\
The Commission further explained that ``[t]he standards do not require
that public utilities use PKI for all business transactions over the
Internet and the standards permit public utilities to conduct business
transactions over the Internet that do not involve the use of [ACAs].''
\46\
---------------------------------------------------------------------------

    \45\ Order No. 676-D, 124 FERC ] 61,317 at P 7.
    \46\ Id. P 9.
---------------------------------------------------------------------------

    36. In a series of filings, NAESB reported on its updated PKI
standards for Version 003. The revised standards are divided into two
sections. First, Standard WEQ-012 specifies those transactions for
which public utilities need to use PKI. The WEQ-012 standards specify
the minimum authentication requirements that end entities \47\ must
meet when conducting transactions under NAESB Business Practice
Standards defined in Standards WEQ-000, WEQ-001, WEQ-002, WEQ-003, WEQ-
004 and WEQ-013. This includes the use of PKI in communicating with the
Electric Industry Registry (EIR) of commercial transaction information
useful for electronic tagging.\48\ Under these standards, for these
specific purposes, public utilities need to use NAESB-certified ACAs
for PKI.
---------------------------------------------------------------------------

    \47\ NAESB defines ``end entities'' as including utilities and
other independent grid operators.
    \48\ NAESB has replaced NERC in supporting the Electric Industry
Registry (EIR) as these data relate to business transactions rather
than reliability. Under NERC, the registry was referred to as the
Transmission System Information Network (TSIN).
---------------------------------------------------------------------------

    37. Second, NAESB developed ACA Accreditation Requirements and ACA
Process requirements that ACAs must meet to receive certification from
NAESB. NAESB has not adopted these accreditation requirements as
standards.
    38. NAESB explains \49\ that, given the importance and inter-play
of OASIS, electronic tagging, and the EIR, a common PKI standard used
to secure access is a significant improvement over simple user name and
password authentication in common use. NAESB states that its PKI
program provides assurance that (1) the party initiating a data
exchange is positively identified by its electronic certificate, (2)
the data exchanged is encrypted and unaltered in transit, and (3) each
party to the transaction (i.e, the initiating party and the counter-
party) is the intended recipient of the information exchanged, through
mutual authentication. NAESB further explains that this mutual
authentication process allows two entities or computers, in this case,
the end entity and the service provider operating the system, to
authenticate the identities of one another through challenge-response
protocols.
---------------------------------------------------------------------------

    \49\ January 30, 2013 Filing.
---------------------------------------------------------------------------

    39. Given the improvement represented by the revised standards over
the Version 002 standards, we propose to incorporate by reference the
NAESB WEQ-012 standards. These standards, when adopted, will require
public utilities to conduct transactions securely when using the
internet and will eliminate confusion over which transactions involving
public utilities must follow the approved PKI procedures to secure
their transactions. We also understand the necessity for the standards
to require that all ACAs be certified under a common set of
certification requirements so that all participants have a common list
of ACAs from which they can choose. Having a common list of ACAs
enhances the efficiency of transactions as each party can be assured
that a counter party's certificate meets these minimum
requirements.\50\ While we find that NAESB's certification provides
efficiency benefits, we are not proposing to incorporate by reference
the NAESB ACA Accreditation Requirements and ACA Process requirements,
as NAESB has not adopted these requirements as standards and the
Commission does not have jurisdiction over ACAs.\51\
---------------------------------------------------------------------------

    \50\ In proposing to incorporate by reference Standard WEQ-012,
we recognize that while the electric industry is not insubstantial,
it may represent only a small portion of an ACA's clientele, and
that NAESB has a legitimate concern in setting certification
standards that provide potential customers with sufficient
competitive alternatives in choosing suppliers to provide price
competition in PKI services.
    \51\ See Reporting on North American Energy Standards Board
Public Key Infrastructure Standards,140 FERC ] 61,149, at P 13
(2012) (where the Commission stated it does not have jurisdiction
over NAESB or the Certification Authorities as public utilities).
Since the ACA Accreditation Requirements and ACA Process apply to
non-jurisdictional entities, and we are not proposing to incorporate
these standards as federal regulations, we will not opine upon these
requirements, including the lifetime of the root keys.
---------------------------------------------------------------------------

4. Smart Grid Standards
    40. The NAESB WEQ Version 003 Business Practice Standards include
five wholesale business practice standards related to Smart Grid that
define use cases, data requirements, and a common model to represent
customer energy usage: \52\
---------------------------------------------------------------------------

    \52\ See supra n.9.
---------------------------------------------------------------------------

     NAESB WEQ-016--Specifications for Common Electricity
Product and Pricing Definition;
     NAESB WEQ-017--Specifications for Common Schedule
Communication Mechanism for Energy Transactions;
     NAESB WEQ-018--Specifications for Wholesale Standard
Demand Response Signals;
     NAESB WEQ-019--Customer Energy Usage Information
Communication; and
     NAESB WEQ-020--Smart Grid Standards Data Elements Table.
    41. We propose, in this NOPR, to incorporate by reference standards
WEQ-016, WEQ-017, WEQ-018, WEQ-019 and WEQ-020 into the Commission's
regulations. The Commission notes that NAESB ratified changes to
Standard WEQ-019 on March 21, 2013. We understand that this standard
provides for energy usage information and this revision is consistent
with the Green Button Initiative, promoted by the White House Office of
Science and Technology Policy,\53\ which allows consumers access to
their energy usage information. These standards will not only be used
by the wholesale electric industry, but also are important initiatives
for use in ongoing utility programs for consumer data access. We,
therefore, invite comment on whether the Commission should incorporate
by reference the version of Standard WEQ-019 ratified by NAESB
membership on March 21, 2013, rather than the version contained in
Version 003.
---------------------------------------------------------------------------

    \53\ See http://www.whitehouse.gov/blog/2012/01/18/green-button-providing-consumers-access-their-energy-data.
---------------------------------------------------------------------------

5. Standards Related to Terms, Definition and Acronyms
    42. The Version 003 WEQ Business Practice Standards create a common
location for all abbreviations, acronyms and definitions of terms and
houses this information in a newly created standard WEQ-000. In
accordance with Commission guidance.\54\ NAESB also set out to ensure
definition consistencies internally and with the NERC Glossary and
revised the NAESB definitions accordingly.
---------------------------------------------------------------------------

    \54\ NAESB's efforts in this regard are in accordance with the
Commission's findings in Order No. 676, FERC Stats. & Regs. ] 31,241
at P 40 and Order No. 676-C, 126 FERC ] 61,228 at P 8.
---------------------------------------------------------------------------

6. Commission Proposal
    43. With the exceptions noted, we propose to incorporate by
reference Version 003 of these standards into the Commission's
regulations.

D. Implementation

    44. Consistent with our past practice, we propose that, once the
Commission incorporates these standards by reference into its
regulations, public utilities must implement these

standards even before they have updated their tariffs to incorporate
these changes. The Commission is also proposing, consistent with our
regulation at 18 CFR 35.28(c)(1)(vii), to require each public utility
to revise its OATT to include the Version 003 standards that we are
proposing to incorporate by reference herein. For standards that do not
require implementing tariff provisions, the Commission is proposing to
permit the public utility to incorporate the WEQ standard by reference
in its OATT. We are not, however, proposing to require a separate
tariff filing to accomplish this change. Consistent with our prior
practice, we are proposing to give public utilities the option of
including these changes as part of an unrelated tariff filing.\55\
---------------------------------------------------------------------------

    \55\ See Order No. 676, FERC Stats. & Regs. ] 31,216 at P 100.
---------------------------------------------------------------------------

III. Notice of Use of Voluntary Consensus Standards

    45. The NAESB WEQ Version 003 Business Practice Standards were
adopted by NAESB under NAESB's consensus procedures.\56\ As the
Commission found in Order No. 676, adoption of consensus standards is
appropriate because the consensus process helps ensure the
reasonableness of the standards by requiring that the standards draw
support from a broad spectrum of all segments of the industry.
Moreover, since the industry itself has to conduct business under these
standards, the Commission's regulations should reflect those standards
that have the widest possible support. In section 12(d) of the National
Technology Transfer and Advancement Act of 1995, Congress affirmatively
requires federal agencies to use technical standards developed by
voluntary consensus standards organizations, like NAESB, as means to
carry out policy objectives or activities unless use of such standards
would be inconsistent with applicable law or otherwise impractical.\57\
---------------------------------------------------------------------------

    \56\ Under this process, to be approved a standard must receive
a super-majority vote of 67 percent of the members of the WEQ's
Executive Committee with support from at least 40 percent from each
of the five industry segments--transmission, generation, marketer/
brokers, distribution/load serving entities, and end users. For
final approval, 67 percent of the WEQ's general membership must
ratify the standards.
    \57\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C.
272 note (1997).
---------------------------------------------------------------------------

    46. Office of Management and Budget Circular A-119 (section 11)
(February 10, 1998) provides that Federal Agencies should publish a
request for comment in a NOPR when the agency is seeking to issue or
revise a regulation proposing to adopt a voluntary consensus standard
or a government-unique standard. In this NOPR, the Commission is
proposing to incorporate by reference a voluntary consensus standard
developed by the WEQ.

IV. Information Collection Statement

    47. The following collection of information contained in this
proposed rule is subject to review by the Office of Management and
Budget (OMB) for review under section 3507(d) of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507(d). OMB's regulations require
approval of certain information collection requirements imposed by
agency rules.\58\ Upon approval of a collection(s) of information, OMB
will assign an OMB control number and an expiration date. Respondents
subject to the filing requirements of this rule will not be penalized
for failing to respond to these collections of information unless the
collections of information display a valid OMB control number.
---------------------------------------------------------------------------

    \58\ 5 CFR 1320.11 (2012).
---------------------------------------------------------------------------

    48. The Commission solicits comments on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of the provided burden estimates, ways to enhance the
quality, utility, and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden, including the
use of automated information techniques.
    49. The following burden estimate is based on the projected costs
for the industry to implement the new and revised business practice
standards adopted by NAESB and proposed to be incorporated by reference
in this NOPR.

----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                 Data collection                     Number of     responses per     Hours per     Total number
                                                    respondents     respondent       response        of hours
                                                             (1)             (2)             (3)     (1) x (2) x
                                                                                (3)
----------------------------------------------------------------------------------------------------------------
FERC-516 \59\ (tariff filing)...................             132               1               6             792
FERC-717 \60\ (compliance with standards).......             132               1         \61\ 30           3,960
                                                 ---------------------------------------------------------------
    Totals......................................  ..............  ..............  ..............           4,752
----------------------------------------------------------------------------------------------------------------

    Costs to Comply with Paperwork Requirements:
---------------------------------------------------------------------------

    \59\ ``FERC-516'' is the Commission's identifier that
corresponds to OMB control no. 1902-0096 which identifies the
information collection associated with Electric Rate Schedules and
Tariff Filings.
    \60\ ``FERC-717'' is the Commission's identifier that
corresponds to OMB control no. 1902-0173 which identifies the
information collection associated with Standards for Business
Practices and Communication Protocols for Public Utilities.
    \61\ The 30-hour estimate was developed in Docket No. RM05-5-
013, when the Commission prepared its estimate of the scope of work
involved in transitioning to the NAESB Version 002.1 Business
Practice Standards. See Order No. 676-E, FERC Stats. & Regs. ]
31,299 at P 134. We have retained the same estimate here, because
the scope of the tasks involved in the transition to Version 003 of
the Business Practice Standards is very similar to that for the
transition to the Version 002.1 Standards.
---------------------------------------------------------------------------

    The estimated annual costs are as follows:

 FERC-516: 132 entities * 1 response/entity * (6 hours/response
* $72/hour \62\) = $57,024.
---------------------------------------------------------------------------

    \62\ The estimated hourly loaded cost (salary plus benefits) is
a composite estimate that includes legal, technical, and support
staff rates, based on data from the Bureau of Labor Statistics at
http://bls.gov/oes/current/naics3_221000.htm. Loaded costs are BLS
rates divided by 0.703 and rounded to the nearest dollar (http://www.bls.gov/news.release/ecec.nr0.htm).
---------------------------------------------------------------------------

 FERC-717: 132 entities * 1 response/entity * (30 hours/
response * $72/hour) = $285,120.

    Titles: Electric Rate Schedule Filing (FERC-516); Open Access Same
Time Information System and Standards for Business Practices and
Communication Protocols for Public Utilities (FERC-717).
    Action: Proposed collection.
    OMB Control Nos.: 1902-0096 (FERC-516); 1902-0173 (FERC-717).
    Respondents: Business or other for profit (Public Utilities--
Generally not applicable to small businesses).\63\
---------------------------------------------------------------------------

    \63\ See infra P 56.
---------------------------------------------------------------------------

    Frequency of Responses: One-time implementation (business
procedures, capital/start-up).

    50. Necessity of the Information: This proposed rule, if
implemented would upgrade the Commission's current business practice
and communication standards and protocols modifications to support
compliance with requirements established by the Commission in Order
Nos. 890, 890-A, 890-B and 890-C, as well as modifications to the
OASIS-related standards to support Order Nos. 676, 676-A, 676-E and
717. In addition, NAESB made modifications to the Coordinate
Interchange standards to compliment the updates to the e-Tag
specifications, modifications to the Gas/Electric Coordination
standards to provide consistency between the two markets and re-
organized and revised definitions to create a standard set of terms,
definitions and acronyms applicable to all NAESB WEQ standards. The
Version 003 Standards also include standards related to Demand Side
Management and Energy Efficiency, which the Commission separately acted
on in Docket No. RM05-5-020 after NAESB filed its Version 003 report,
and Smart Grid-related standards that NAESB previously filed with the
Commission in Docket No. RM05-5-021 and to increase the efficiency of
the wholesale electric power grid.
    51. Internal Review: The Commission has reviewed the revised
business practice standards and has made a preliminary determination
that the proposed revisions that we propose here to incorporate by
reference are both necessary and useful. In addition, the Commission
has assured itself, by means of its internal review, that there is
specific, objective support for the burden estimate associated with the
information requirements.
    52. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
Office of the Executive Director, 888 First Street NE., Washington, DC
20426 [Attn: Ellen Brown, email<EMAIL_ADDRESS>phone: (202)
502-8663, fax:<PHONE_NUMBER>].
    53. Comments concerning the information collections proposed in
this NOPR and the associated burden estimates should be sent to the
Commission at this docket and may also by email to the Office of
Management and Budget, Office of Information and Regulatory Affairs
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at the
following email address<EMAIL_ADDRESS>Please reference
the docket number of this Notice of Proposed Rulemaking (Docket No.
RM05-5-022) in your submission.

V. Environmental Analysis

    54. 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.\64\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\65\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of electric power that requires no construction of
facilities.\66\ Therefore, an environmental assessment is unnecessary
and has not been prepared in this NOPR.
---------------------------------------------------------------------------

    \64\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \65\ 18 CFR 380.4.
    \66\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
---------------------------------------------------------------------------

VI. Regulatory Flexibility Act Certification

    55. The Regulatory Flexibility Act of 1980 (RFA) \67\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's Office of Size Standards
develops the numerical definition of a small business.\68\ The Small
Business Administration has established a size standard for electric
utilities, stating that a firm is small if, including its affiliates,
it is primarily engaged in the transmission, generation and/or
distribution of electric energy for sale and its total electric output
for the preceding twelve months did not exceed four million megawatt
hours (MWh).\69\
---------------------------------------------------------------------------

    \67\ 5 U.S.C. 601-612.
    \68\ 13 CFR 121.101 (2012).
    \69\ 13 CFR 121.201, Sector 22, Utilities & n.1.
---------------------------------------------------------------------------

    56. The Commission seeks comment on the estimated impact of the
proposed rule on small business entities. The Commission estimates that
5 of the 132 respondents are small. The Commission estimates that the
impact on these entities is consistent with the paperwork burden of
$2,592 per entity used above.\70\ The Commission does not consider
$2,592 to be a significant economic impact.
---------------------------------------------------------------------------

    \70\ 36 hours at $72/hour = $2,592
---------------------------------------------------------------------------

    57. Based on the above, the Commission certifies that the proposed
Reliability Standards will not have a significant impact on a
substantial number of small entities. Accordingly, no initial
regulatory flexibility analysis is required.

VII. Comment Procedures

    58. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due September 24, 2013. Comments must refer to
Docket No. RM05-5-022, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    59. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    60. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    61. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VIII. Document Availability

    62. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.

    63. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    64. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
List of Subjects in 18 CFR Part 38

    Conflict of interests, Electric power plants, Electric utilities,
Incorporation by reference, Reporting and recordkeeping requirements.

    By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend
Chapter I, Title 18, Part 38 of the Code of Federal Regulations, as
follows:

PART 38--BUSINESS PRACTICE STANDARDS AND COMMUNICATION PROTOCOLS
FOR PUBLIC UTILITIES

0
1. The authority citation for part 38 continues to read as follows:

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

0
2. In Sec.  38.2, paragraphs (a)(1) through (13) are revised and
paragraphs (a)(14) and (15) are added to read as follows:

Sec.  38.2  Incorporation by reference of North American Energy
Standards Board Wholesale Electric Quadrant standards.

    (a) * * *
    (1) Abbreviations, Acronyms, and Definition of Terms (WEQ-000,
Version 003, July 31, 2012, as modified by NAESB final actions ratified
on Oct. 4, 2012, Nov. 28, 2012 and Dec. 28, 2012);
    (2) Open Access Same-Time Information System (OASIS), Version 2.0
(WEQ-001, Version 003, July 31, 2012, as modified by NAESB final
actions ratified on Dec. 28, 2012) with the exception of Standards 001-
14.1.3 and 001-15.1.2);
    (3) Open Access Same-Time Information System (OASIS) Business
Practice Standards and Communication Protocols (S&CP), Version 2.0
(WEQ-002, Version 003, July 31, 2012, as modified by NAESB final
actions ratified on Nov. 28, 2012 and Dec. 28, 2012);
    (4) Open Access Same-Time Information System (OASIS) Data
Dictionary Business Practice Standards, Version 2.0 (WEQ-003, Version
003, July 31, 2012, as modified by NAESB final actions ratified on Dec.
28, 2012);
    (5) Coordinate Interchange (WEQ-004, Version 003, July 31, 2012, as
modified by NAESB final actions ratified on Dec. 28, 2012);
    (6) Area Control Error (ACE) Equation Special Cases (WEQ-005,
Version 003, July 31, 2012);
    (7) Manual Time Error Correction (WEQ-006, Version 003, July 31,
2012);
    (8) Inadvertent Interchange Payback (WEQ-007, Version 003, July 31,
2012);
    (9) Transmission Loading Relief (TLR)--Eastern Interconnection
(WEQ-008, Version 003, July 31, 2012);
    (10) Gas/Electric Coordination (WEQ-011, Version 003, July 31,
2012);
    (11) Public Key Infrastructure (PKI) (WEQ-012, Version 003, July
31, 2012, as modified by NAESB final actions ratified on Oct. 4, 2012);
    (12) Open Access Same-Time Information System (OASIS)
Implementation Guide, Version 2.0 (WEQ-013, Version 003, July 31, 2012,
as modified by NAESB final actions ratified on Dec. 28, 2012);
    (13) Measurement and Verification of Wholesale Electricity Demand
Response (WEQ-015, Version 003, July 31, 2012);
    (14) NAESB Specifications for Common Electricity Product and
Pricing Definition (WEQ-016, Version 003, July 31, 2012);
    (15) Specifications for Common Schedule Communication Mechanism for
Energy Transactions (WEQ-017, Version 003, July 31, 2012);
    (16) Specifications for Wholesale Standard Demand Response Signals
(WEQ-018, Version 003, July 31, 2012);
    (17) NAESB Customer Energy Usage Information Communication (WEQ-
019, Version 003, July 31, 2012);
    (18) Smart Grid Standards Data Element Table (WEQ-020, Version 003,
July 31, 2012); and
    (19) Measurement and Verification of Energy Efficiency Products
(WEQ-021, Version 003, July 31, 2012).
* * * * *
[FR Doc. 2013-17745 Filed 7-25-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Proposed Rules]
[Pages 3354-3356]
[FR Doc No: 2016-01148]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 240

[Release No. 34-76922; File No. S7-15-15]
RIN 3235-AL74

Access to Data Obtained by Security-Based Swap Data Repositories
and Exemption From Indemnification Requirement

AGENCY: Securities and Exchange Commission.

ACTION: Reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The Securities and Exchange Commission (``Commission'') is
reopening the comment period for proposed amendments to rule 13n-4
under the Securities Exchange Act of 1934 (``Exchange Act'') related to
regulatory access to security-based swap data held by security-based
swap data repositories. The proposed rule amendments would implement
Exchange Act provisions that conditionally require that security-based
swap data repositories make data available to certain regulators and
other authorities. Recent legislation has modified certain underlying
statutory provisions.

DATES: The comment period for the proposed rule published September 14,
2015, at 80 FR 55182, is reopened. Submit comments on or before
February 22, 2016.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-15-15 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

     Send paper comments to Secretary, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number S7-15-15. This file number
should be included on the subject line if email is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site (http://www.sec.gov/rules/proposed.shtml). Comments
are also available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    Studies, memoranda, or other substantive items may be added by the
Commission or staff to the comment file during this rulemaking. A
notification of the inclusion in the comment file of any such materials
will be made available on the SEC's Web site. To ensure direct
electronic receipt of such notifications, sign up through the ``Stay
Connected'' option at www.sec.gov to receive notifications by email.

FOR FURTHER INFORMATION CONTACT: Carol McGee, Assistant Director,
Joshua Kans, Senior Special Counsel, or Kateryna P. Imus, Special
Counsel, at<PHONE_NUMBER>; Division of Trading and Markets, Securities
and Exchange

Commission, 100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Proposed Rule

    Exchange Act sections 13(n)(5)(G) and (H), which were added by
Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection
Act of 2010, conditionally require security-based swap data
repositories to make data available to certain regulators and other
entities. The statute identifies certain entities as being eligible to
access data, and states that the Commission may determine that other
persons are appropriate to access such data. The statute further
provides that the Commission must be notified of requests for access,
and also conditions data access on the security-based swap data
repository receiving certain confidentiality-related agreements.
Moreover, under the statute as it was originally enacted in 2010, data
access was conditional on the recipient entity agreeing to indemnify
the repository and the Commission for expenses arising from litigation
relating to the information provided.\1\
---------------------------------------------------------------------------

    \1\ See generally Access to Data Obtained by Security-Based Swap
Data Repositories and Exemption From Indemnification Requirement,
Exchange Act Release No. 75845 (Sept. 14, 2015), 80 FR 55182 (Sept.
14, 2015) (``Data Access Proposing Release'').
---------------------------------------------------------------------------

    On September 14, 2015, the Commission proposed rules to implement
those data access provisions.\2\ Key features of the proposal included:
---------------------------------------------------------------------------

    \2\ The proposal built upon two prior Commission proposals to
implement the data access provisions and to provide an exemption
from the indemnification requirement. See id. at 55182-84.
---------------------------------------------------------------------------

    (i) Designation of entities that may access data. The proposal
provided that, in addition to the entities identified by the statute,
the Federal Reserve Banks and the Office of Financial Research
(``OFR'') may access data.\3\ The proposal also specified factors and
conditions that the Commission would consider in making future
determinations regarding entities eligible to access data and the scope
of such entities' access to data. In that regard the Commission stated
that it preliminarily expected that such determination orders
``typically would incorporate conditions that specify the scope of a
relevant authority's access to data, and that limit this access in a
manner that reflects the relevant authority's regulatory mandates or
legal responsibility or authority.'' \4\
---------------------------------------------------------------------------

    \3\ See proposed Exchange Act rule 13n-4(b)(9)(ix).
    \4\ See Data Access Proposing Release, 80 FR 55187-88.
---------------------------------------------------------------------------

    (ii) Confidentiality condition to data access. To implement the
statutory confidentiality condition, the proposal provided that there
must be a memorandum of understanding (``MOU'') or other arrangement
between the Commission and the recipient of data to address the
confidentiality of the data provided to the recipient.\5\ The
Commission stated that it expected this approach would help avoid the
possibility of uneven and potentially inconsistent application of the
confidentiality condition.\6\
---------------------------------------------------------------------------

    \5\ See proposed Exchange Act rule 13n-4(b)(10).
    \6\ See Data Access Proposing Release, 80 FR 55190.
---------------------------------------------------------------------------

    (iii) Notification requirement. The proposal provided that a
security-based swap data repository could satisfy the statutory
notification requirement by notifying the Commission of the first data
access request by an entity, and maintaining a record of subsequent
requests.\7\
---------------------------------------------------------------------------

    \7\ See id. at 55188-89; proposed Exchange Act rule 13n-4(e).
---------------------------------------------------------------------------

    (iv) Indemnification exemption. The proposal included an exemption
from the indemnification requirement. This exemption would have been
conditioned, in part, on the information provided relating to ``persons
or activities within the recipient entity's regulatory mandate, or
legal responsibility or authority.'' \8\
---------------------------------------------------------------------------

    \8\ See proposed Exchange Act rule 13n-4(d). The proposal also
would require the Commission and the recipient of data to enter into
an MOU or other arrangement to specify the type of information that
would fall within this regulatory mandate, or legal responsibility
or authority. See id.
---------------------------------------------------------------------------

B. Statutory Amendment

    On December 4, 2015, President Obama signed into law Public Law
114-94, the Surface Transportation Reauthorization and Reform Act of
2015. This law, among other things, amended the statutory data access
provisions by eliminating the indemnification requirement discussed
above.\9\ The law also revised the data access provisions in two other
ways.\10\
---------------------------------------------------------------------------

    \9\ See Public Law 114-94, sec. 86011(c)(2).
    \10\ In part, the statutory revision clarified that the scope of
the data access provision applies to security-based swap data, not
all data maintained by the repository. See Public Law 114-94, sec.
86011(c)(1)(A) (striking ``all'' and adding ``security-based swap''
in the introductory part of Exchange Act section 13(n)(5)(G)). That
focus on security-based swaps already was incorporated into the
proposal. See proposed Exchange Act rule 13n-4(b)(9).
    The statutory revision also added the term ``other foreign
authorities'' to the nonexclusive statutory list of entities that
the Commission may determine appropriate to access data under these
provisions. See Public Law 114-94, sec. 86011(c)(1)(B). That change
is consistent with the proposal, which used the term ``including,
but not limited to'' in the relevant portion of the rule text
(preceding the specific references to foreign financial supervisors,
foreign central banks, and foreign ministries). See proposed
Exchange Act rule 13n-4(b)(9)(x).
---------------------------------------------------------------------------

    The elimination of the indemnification requirement makes
unnecessary paragraph (d) of proposed rule 13n-4, which would have
implemented the conditional exemption from the indemnification
requirement.\11\ The statutory amendments, however, do not affect the
proposed provisions: (i) Addressing the designation of additional
entities as being eligible to access data (potentially including the
Federal Reserve Banks and the OFR); (ii) implementing the
confidentiality condition to data access; and (iii) implementing the
statutory notification requirement.
---------------------------------------------------------------------------

    \11\ See Data Access Proposing Release, 80 FR at 55211.
---------------------------------------------------------------------------

II. Request for Comments

    Commenters are invited to discuss the proposal in light of the
recent statutory amendments. Commenters particularly are invited to
address the impact, on the remaining aspects of the proposal, arising
from the elimination of the proposed indemnification exemption,
including the exemption's proposed condition limiting access to
security-based swap data to persons or authorities within a relevant
authority's regulatory mandate or legal responsibility or authority.
For example, to what extent should those criteria related to an
entity's regulatory mandate or legal responsibility and authority be
used by the Commission as it implements the confidentiality condition
and/or the Commission's determination authority?
    Commenters further are invited to address whether the use of that
limitation should vary depending on the type of recipient entity. For
example, should those criteria be considered exclusively in conjunction
with recipient authorities not specifically named in the statute,
including the Federal Reserve Banks and the OFR, or should those
criteria instead be considered in conjunction with access to data by
all entities under these provisions? \12\
---------------------------------------------------------------------------

    \12\ As noted above, the Commission stated that it preliminarily
expected that subsequent determination orders under the statute and
proposed rule ``typically would incorporate conditions that specify
the scope of a relevant authority's access to data, and that limit
this access in a manner that reflects the relevant authority's
regulatory mandates or legal responsibility or authority.''
---------------------------------------------------------------------------

    In addition, commenters are requested to address whether the
proposal should be revised to address the other statutory changes to
the data access provisions--such as addition of the term ``other

foreign authorities'' to the list of entities that the Commission may
determine appropriate to access data. For example, should the
Commission revise proposed paragraph (b)(9)(x) of rule 13n-4 to
specifically note that it may determine that ``other foreign
authorities'' also may access data pursuant to these provisions?
    Commenters are also invited to address the impact of the statutory
amendments on the Commission's economic analysis.

    By the Commission.

    Dated: January 15, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-01148 Filed 1-20-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 15, 2010 (Volume 75, Number 49)]
[Rules and Regulations]
[Page 12121]
[DOCID:fr15mr10-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2002-6717; Amendment No. 121-348]
RIN 2120-AI03

Extended Operations (ETOPS) of Multi-Engine Airplanes; Technical
Amendment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; Technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration is making a minor
amendment to a previously published final rule. That final rule applied
to air carrier, commuter, and on-demand turbine powered multi-engine
airplanes used in passenger-carrying, and some all-cargo, extended-
range operations. This technical amendment corrects an incorrect
citation reference.

DATES: Effective March 15, 2010.

FOR FURTHER INFORMATION CONTACT: Zara Willis, Office of Rulemaking,
Federal Aviation Administration, 800 Independence Ave., SW.,
Washington, DC 20591; telephone<PHONE_NUMBER> facsimile (202) 267-
5075; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The final rule, Extended Operations (ETOPS) of Multi-engine
Airplanes, applied to air carrier (part 121), commuter, and on-demand
(part 135) turbine powered multi-engine airplanes used in passenger-
carrying, extended range operations (January 16, 2007; 72 FR 1808).
All-cargo operations in airplanes with more than two engines of both
part 121 and part 135 were exempted from the majority of this rule. The
rule established regulations governing the design, operation and
maintenance of certain airplanes operated on flights that fly long
distances from an adequate airport. It codified current FAA policy,
industry best practices and recommendations, as well as international
standards designed to ensure long-range flights will continue to
operate safely. To ease the transition for current operators, the rule
included delayed compliance dates for certain ETOPS requirements.
    In the final rule Sec.  121.646(b)(1)(i)(B) incorrectly references
Sec.  121.133. The citation should read Sec.  121.333.

Technical Amendment

    This technical amendment merely corrects an incorrect cross-
reference in Sec.  121.646. No other changes are made to the section.

Justification for Immediate Adoption

    Because this action corrects a cross-reference, the FAA finds that
notice and public comment under 5 U.S.C. 553(b) is unnecessary. For the
same reason, the FAA finds that good cause exists under 5 U.S.C. 553(d)
for making this rule effective upon publication.

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, and Transportation.

The Amendment

0
In consideration of the forgoing, the Federal Aviation Administration
amends 14 CFR part 121 as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

Sec.  121.646  [Amended]

0
1. Amend Sec.  121.646 (b)(1)(i)(B) by removing the citation ``Sec.
121.133'' and adding in its place the citation ``Sec.  121.333.''

    Issued in Washington, DC, on March 10, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-5589 Filed 3-12-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13046-13047]
[FR Doc No: 2015-05602]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74449; File No. SR-ICC-2015-001]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change To Revise ICC End-of-Day Price Discovery
Policies and Procedures

March 6, 2015.

I. Introduction

    On January 5, 2015 ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2015-001 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in the Federal Register
on January 21, 2015.\3\ The Commission did not receive any comments.
For the reasons discussed below, the Commission is approving the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-74053 (Jan. 14,
2015), 80 FR 2985 (January 21, 2015) (File No. SR-ICC-2015-001).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    ICC proposed revising its End-of-Day Price Discovery Policies and
Procedures to incorporate enhancements to its price discovery process.
ICC currently utilizes a ``cross and lock'' algorithm as part of its
price discovery process. Under this algorithm, standardized bids and
offers derived from Clearing Participant (``CP'') submissions are
matched by sorting them from highest to lowest and lowest to highest
levels, respectively. This sorting process pairs the CP submitting the
highest bid price with the CP submitting the lowest offer price, the CP
submitting the second highest bid price with the CP submitting the
second-lowest offer price, and so on. The algorithm then identifies
crossed and/or locked markets. Crossed markets are the CP pairs
generated by the sorting and ranking process for which the bid price of
one CP is above the offer price of the matched CP. The algorithm
identifies locked markets, where the bid and the offer are equal, in a
similar fashion.
    Whenever there are crossed and/or locked matched markets, the
algorithm applies a set of rules designed to identify standardized
submissions that are ``obvious errors.'' The algorithm sets a high bid
threshold equal to the preliminary end-of-day (``EOD'') level plus one
EOD bid offer width (``BOW''), and a low offer threshold equal to the
preliminary EOD level minus one EOD BOW. The algorithm considers a CP's
standardized submission to be an ``obvious error'' if the bid is higher
than the high bid threshold, or the offer is lower than the low offer
threshold.
    CP pairs identified by the algorithm as crossed or locked markets
are required from time to time, under the End-of-Day Price Discovery
Policies and Procedures, to enter into cleared trades with each other
as part of the ICC EOD price discovery process (``Firm Trade'').
Currently, ICC excludes standardized submissions it identifies as
obvious errors from Firm Trades and does not use these submissions in
its determination of published EOD levels.
    ICC has proposed to include all standardized submissions, including
those classified as obvious errors, in the process of determining Firm
Trades. Further, ICC asserts that it will effectively execute its
current EOD algorithm twice, initially in the same way it does today,
by eliminating obvious errors, to generate the final EOD levels, and
again, without excluding obvious errors, to generate Firm Trades and
reversing transactions.
    To limit the potential exposure created through Firm Trades that
include a bid or offer from an obvious error submission, ICC proposes
to adjust trade prices, where appropriate, to fall within a predefined
band on either side of the EOD price such that the potential profit or
loss (``P/L'') realized by unwinding the trade at the EOD level is
capped.
    To prevent CPs from receiving Firm Trades with large P/L impact in
Index instruments that are less actively traded, and therefore more
difficult and/or more expensive to manage the associated risk, ICC
proposes to have the ability to automatically generate reversing
transactions at the EOD level for specific Index instruments (i.e., for
specific index risk sub-factors as defined by specific combinations of
index/sub-index and series) based on liquidity. Currently, reversing
transactions are only available for Single Name instruments. ICC
represents that there are no changes to ICC's Clearing Rules as a
result of these changes.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \4\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \5\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2)(C).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that ICC's proposed revisions to its End-of-
Day Price Discovery Policies and Procedures is consistent with the
requirements of Section 17A of the Act \6\ and regulations thereunder
applicable to it, including the standards under Rule 17Ad-22.\7\ The
proposed rule change is designed to enhance ICC's price discovery
process by including all price submissions (including those classified
as obvious errors) in the process of determining Firm Trades, thereby
reducing price submissions that may be classified as obvious errors. In
addition, the proposed rule change would adjust the trading prices of
Firm Trades that include a bid or offer classified as an obvious error
to fall within a predefined range on either side of the EOD price,
thereby limiting CPs' potential P/L exposure to obvious errors from the
risk management perspective, while holding them accountable for their
price submissions. Finally, the proposed rule change would assist CPs
in unwinding Firm Trades in certain index products by generating
reversing trades at the EOD level based on liquidity. The Commission
believes that the proposal is therefore designed to promote the prompt
and accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC,
consistent with Section 17A(b)(3)(F) of the Act.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 17 CFR 240.17Ad-22.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \9\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-ICC-2015-001) be, and hereby
is, approved.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-05602 Filed 3-11-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Page 9735]
[FR Doc No: 2018-04602]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4718-038]

Cocheco Falls Associates; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 4718-038.
    c. Date Filed: January 2, 2018.
    d. Submitted By: Cocheco Falls Associates.
    e. Name of Project: Cocheco Falls Dam Project.
    f. Location: On the Cocheco River in Dover, Strafford County, New
Hampshire. No federal lands are occupied by the project works or
located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: John Webster, Cocheco Falls
Associates, P.O. Box 178, 10 Butler Street, South Berwick, Maine 03908;
(207) 384-5334; email at [email protected].
    i. FERC Contact: Amy Chang at<PHONE_NUMBER>; or email at
[email protected].
    j. Cocheco Falls Associates filed its request to use the
Traditional Licensing Process on January 2, 2018, and provided public
notice of the request on January 12, 2018. In a letter dated March 1,
2018, the Director of the Division of Hydropower Licensing approved
Cocheco Falls Associates' request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New Hampshire State Historic Preservation
Officer, as required by section 106 of the National Historic
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Cocheco Falls Associates as
the Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. Cocheco Falls Associates filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 4718. Pursuant to
18 CFR 16.20, each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by December 31,
2020.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: March 1, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-04602 Filed 3-6-18; 8:45 am]
 BILLING CODE 6717-01-P