60 Day Notice (Published) + Order

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determined that allowing the grantee to
form partnerships with eligible entities
to implement grant requirements under
this competition (including through the
awarding of a subgrant) is necessary
given the project’s nature and need for
a close, collaborative and substantive
relationship between the grantee and
the subgrant and the grantee’s
responsibility to oversee its subgrantee.
Accordingly, through this notice, we
authorize the grantee, Applied
Engineering Management Corporation
(AEM) to make subgrants on the terms
outlined in this notice and consistent
with AEM’s application.
Under 34 CFR 75.708(b) and (c), if the
grantee uses this subgranting authority,
the grantee has the authority to award
subgrants only to eligible entities
identified in the grantee’s approved
application or selected through a
competition under procedures
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consistent with the purpose described
in ALN 84.373Q and the priority and
requirements established in the NIA.
The Accessible Data Center grantee may
make subgrants to the following eligible
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State lead agencies under Part C of the
IDEA; local educational agencies
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and outlying areas; Indian Tribes or
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organizations.
Further, under 34 CFR 75.708(d), the
grantee must ensure that: (1) subgrants
are awarded on the basis of the
approved budget that is consistent with
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all applicable Federal statutory,
regulatory, and other requirements; (2)
every subgrant includes all conditions
required by Federal statutes and
Executive Orders and their
implementing regulations; and (3)
subgrantees are aware of the
requirements imposed upon them by
Federal statutes and regulations,
including the Federal antidiscrimination laws enforced by the
Department, which are listed in 34 CFR
75.500. Additionally, as is true with any
expenditures incurred under the
Department’s grant programs,
Accessible Data Center expenditures
must satisfy the OMB Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards in 2 CFR part 200,
including the Federal cost principles in

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2 CFR part 200, subpart E. Therefore,
any subgrant and subgrantee
expenditures must comply with the
Federal cost principles, and the grantee,
as a pass-through entity, must comply
with the procedures for making
subawards described in 2 CFR 200.332.
Note: This notice does not solicit
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Program Authority: 20 U.S.C. 1411(c),
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Consolidated Appropriations Act, 2021,
Pub. L. 116–260, 134 Stat. 1182, 1601.
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[FR Doc. 2023–04909 Filed 3–9–23; 8:45 am]

On February 15, 2023, the
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[FR Doc. 2023–04951 Filed 3–9–23; 8:45 am]
BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RD23–1–000]

North American Electric Reliability
Corporation; Order Approving Extreme
Cold Weather Reliability Standards
EOP–011–3 and EOP–012–1 and
Directing Modification of Reliability
Standard EOP–012–1

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY
Request for Information—Foundation
for Energy Security and Innovation
(FESI); Correction
Office of Technology
Transitions, Department of Energy.
ACTION: Request for information (RFI);
correction.
AGENCY:

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Before Commissioners: Willie L.
Phillips, Acting Chairman; James P.
Danly, Allison Clements, and Mark C.
Christie.
1. On October 28, 2022, the North
American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization (ERO), submitted a
petition seeking approval of proposed
Reliability Standards EOP–011–3
(Emergency Operations) and EOP–012–
1 (Extreme Cold Weather Preparedness

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and Operations).1 As discussed in this
order, we approve proposed Reliability
Standards EOP–011–3 and EOP–012–1,
their associated violation risk factors
and violation severity levels, and the
newly defined terms Generator Cold
Weather Critical Component, Extreme
Cold Weather Temperature, and
Generator Cold Weather Reliability
Event.
2. It is essential to the reliable
operation of the Bulk-Power System to
‘‘ensure enough generating units will be
available during the next cold weather
event.’’ 2 As the November 2021 Report
found, the Bulk-Power System ‘‘cannot
operate reliably without adequate
generation.’’ When cold weather events
such as Winter Storm Uri occur, with
‘‘massive numbers of generating units’’
failing, grid operators could have no
other option than to shed firm customer
load to prevent uncontrolled load
shedding and cascading outages. And as
unfortunately illustrated by Winter
Storm Uri, ‘‘[t]hese firm load shedding
events . . . have very real human
consequences. Millions went without
heat . . . Hundreds died from
hypothermia.’’ 3 Accordingly, we
approve proposed Reliability Standards
EOP–011–3 and EOP–012–1 as just,
reasonable, not unduly discriminatory
or preferential, and in the public
interest.
3. While NERC’s proposed Reliability
Standards may ‘‘provide new
protections not currently found in any
Reliability Standard,’’ 4 EOP–012–1, in
its current form, includes undefined
terms, broad limitations, exceptions and
exemptions, and prolonged compliance
periods. Thus, we find that Reliability
Standard EOP–012–1 requires
improvement to address concerns, as
discussed further below. Therefore,
pursuant to section 215(d)(5) of the
Federal Power Act (FPA),5 we direct
NERC to develop and submit
modifications to Reliability Standard
EOP–012–1 as discussed herein.
4. As an initial matter, we are
concerned that use of the terms
‘‘continuous run,’’ ‘‘commits or is
1 The proposed Reliability Standards are not
attached to this order. The proposed Reliability
Standards are available on the Commission’s
eLibrary document retrieval system in Docket No.
RD23–1–000 and on the NERC website,
www.nerc.com.
2 FERC, NERC, and Regional Entity Staff, The
February 2021 Cold Weather Outages in Texas and
the South Central United States, at 189 (Nov. 16,
2021), https://www.ferc.gov/media/february-2021cold-weather-outages-texas-and-south-centralunited-states-ferc-nerc-and (November 2021
Report).
3 Id.
4 NERC Petition at 7.
5 16 U.S.C. 824o(d)(5).

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obligated to serve’’ and ‘‘four hours or
more,’’ as well as the enumerated
exemptions, obfuscates the extent of
applicability of Reliability Standard
EOP–012–1 to bulk electric system 6
facilities, and may not ensure that
compliance is required for all
‘‘generating units that are being
depended upon to operate in cold
weather and on which the reliability of
the system depends.’’ 7 We understand
that the proposed applicability criteria
is meant to avoid ‘‘undue burden on
those generating units that are not
expected to operate in cold weather;’’ 8
however, we find that excluded
generating units should be the exception
and not the rule.9 Therefore, we direct
NERC, pursuant to FPA section
215(d)(5), to modify Reliability Standard
EOP–012–1 to ensure that it captures all
bulk electric system generation
resources needed for reliable operation
and excludes only those generation
resources not relied upon during
freezing conditions.10 As discussed
further below, our directive to NERC is
to clarify the language of the
applicability section to align with
NERC’s explanation of the entities that
should already be preparing to comply
with the Standard, and should not need
additional implementation time.
Therefore, NERC should ensure the
modified applicability section of
Reliability Standard EOP–012 is
implemented as of the effective date 11
of Reliability Standard EOP–012–1.
5. Further, as Reliability Standard
EOP–011–2 requirements to implement
and maintain cold weather
preparedness plan(s) and associated
training applies to all bulk electric
6 NERC’s Commission-approved bulk electric
system definition defines the scope of the
Reliability Standards and the entities subject to
NERC compliance. Revisions to Electric Reliability
Organization Definition of Bulk Electric System and
Rules of Procedure, Order No. 773, 141 FERC
¶ 61,236 (2012), order on reh’g, Order No. 773–A,
143 FERC ¶ 61,053 (2013) rev’d sub nom. People of
the State of New York v. FERC, 783 F.3d 946 (2d
Cir. 2015); NERC Glossary at 5–7.
7 NERC Petition at 30.
8 Id.
9 As discussed below, we also find that, even as
to the limited set of excluded generating units, the
obligation to have a cold weather emergency
preparedness plan(s) and training should remain.
10 16 U.S.C. 824o(d)(5) (stating that the
Commission, ‘‘upon its own motion or upon
complaint, may order the Electric Reliability
Organization to submit to the Commission a
proposed reliability standard or a modification to a
reliability standard that addresses a specific matter
if the Commission considers such a new or
modified reliability standard appropriate to carry
out this section’’).
11 This order uses the term ‘‘effective date’’ to
mean the mandatory and enforceable date of the
Standards, which, according to NERC’s
implementation plan, is 18 months after regulatory
approval. NERC Petition at 50–51.

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system generating units, we defer our
decision on whether to approve or
modify NERC’s proposed
implementation date for Reliability
Standard EOP–011–3 (and proposed
retirement of Reliability Standard EOP–
011–2) until NERC submits its revised
applicability section for EOP–012.
Allowing EOP–011–2 requirements to
remain mandatory and enforceable until
such time as the revised applicability is
effective for EOP–012 will ensure all
bulk electric system generating units are
required to maintain cold weather
preparedness plans.
6. In addition, we direct NERC to
develop and submit modifications to
Reliability Standard EOP–012–1
Requirements R1 and R7 to address
concerns related to the ambiguity of
generator-defined declarations of
technical, commercial, or operational
constraints that exempt a generator
owner from implementing the
appropriate freeze protection measures.
We direct NERC to include in the
Standard: objective criteria on
permissible technical, commercial, and
operational constraints, to identify the
appropriate entity that would receive
the generator owners’ constraint
declarations under EOP–012–1
Requirements R1 and R7, to describe
how that entity would confirm that the
generator owners comply with the
objective criteria, and to describe the
consequences of providing a constraint
declaration. We direct NERC to modify
this Standard to ensure that declarations
cannot be used to opt out of mandatory
compliance with the Standard or
obligations set forth in a corrective
action plan. We direct NERC to submit
a revised Reliability Standard that
addresses these concerns no later than
12 months after the date of issuance of
this order.
7. Under Requirement R1 of EOP–
012–1, generator owners must
‘‘[i]mplement freeze protection
measures that provide capability to
operate for a period of not less than
twelve (12) continuous hours at the
Extreme Cold Weather Temperature’’ or
‘‘[e]xplain in a declaration any
technical, commercial, or operational
constraints . . . that preclude the ability
to implement appropriate freeze
protection measures to provide
capability of operating at twelve (12)
hours at the documented Extreme Cold
Weather Temperature.’’ 12 Yet, based on
comments and our reading of the plain
text of the Standard, we are concerned
that the requirement as written is
unclear whether new intermittent units
12 Reliability

Standard EOP–012–1, Requirement

R1.

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will be considered by all generator
owners as being capable of operating for
at least 12 continuous hours, and thus,
must comply with the Requirement.
Therefore, we direct NERC to modify
the Standard to clarify Reliability
Standard EOP–012–1 Requirement R1 to
ensure that generators that are
technically incapable of operating for 12
continuous hours (e.g., solar facilities
during winter months with less than 12
hours of sunlight) are not excluded from
complying with the Standard. We direct
NERC to submit the revised Reliability
Standard no later than 12 months after
the date of issuance of this order.
8. Under Requirement R2 of EOP–
012–1, each generator owner is required
to ‘‘ensure its generating unit(s) add
new or modify existing freeze protection
measures as needed to provide the
capability to operate for a period of not
less than one (1) hour at the unit(s)
Extreme Cold Weather Temperature.’’ 13
We find that the one-hour continuous
operations requirement in Reliability
Standard EOP–012–1 Requirement R2 is
too short of a period to adequately meet
the purpose of the Standard to ensure
generating units ‘‘mitigate the reliability
impacts of extreme cold weather.’’ 14
Thus, we direct NERC to modify the
one-hour continuous operations
requirement of Reliability Standard
EOP–012–1 Requirement R2. We direct
NERC to submit the revised Reliability
Standard no later than 12 months after
the date of issuance of this order.
9. In addition, Reliability Standard
EOP–012–1 does not require a deadline
for, or a maximum duration of,
corrective action plan implementation
completion. We are concerned that the
lack of a time limit for implementation
completion of corrective action plans
could allow identified issues to remain
unresolved for a significant and
indefinite period. Therefore, we direct
NERC pursuant to FPA section
215(d)(5), to modify Reliability Standard
EOP–012–1 Requirements R7 to include
deadlines for implementation
completion of corrective action plans, as
recommended in the November 2021
Report.15 We direct NERC to submit the
13 Reliability

Standard EOP–012–1, Requirement

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R2.
14 NERC Petition at 29 (noting that freeze
protection measures of the Standard would advance
the reliability of the Bulk-Power System by helping
to improve generator reliability in cold weather).
15 See, e.g., November 2021 Report at 187
(discussing Key Recommendation 1d, which, while
recommending that the standards drafting team
have flexibility to determine the specific timing for
the corrective action plan to be developed and
implemented after the outage, derate or failure to
start, also recommends that the corrective action
plan ‘‘be developed as quickly as possible, and be
completed by no later than the beginning of the
next winter season.’’).

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revised Reliability Standard no later
than 12 months after the date of
issuance of this order.
10. Additionally, we are concerned
that generator owners will not have to
implement freeze protection measures
for existing generating units to provide
them with the capability to operate for
the specified durations at the Extreme
Cold Weather Temperature under
proposed EOP–012–1 Requirement R2
until 60 months from regulatory
approval. Thus, we direct NERC to
modify the EOP–012–1 60-month
implementation plan for existing
generating units. Although we are giving
NERC the discretion to determine what
the effective date should be shortened
to, we also emphasize that industry has
been aware of and alerted to the need to
prepare their generating units for cold
weather since at least 2011.16 This
finding was repeated in the 2019 South
Central Event Report 17 and the
November 2021 Report.18 After the 2019
South Central Event Report, it was
found that one third of the generator
owners and operators surveyed ‘‘still
had no winterization provisions after
multiple recommendations on winter
preparedness for generating units.’’ 19
NERC should consider the amount of
time that industry has already had to
implement freeze protection measures
when determining the appropriate
implementation period. Further, we find
that a phased compliance within the
implementation time for Reliability
Standard EOP–012–1 Requirement R2
will also reduce reliability risks. To
address these concerns, we direct NERC
to modify the EOP–012–1
implementation plan for Requirement
R2 to require a staggered
implementation for existing unit(s) in a
generator owner’s fleet with an effective
16 See, e.g., FERC and NERC Staff, Report on
Outages and Curtailments During the Southwest
Cold Weather Event of February 1–5, 2011: Causes
and Recommendations, at 208 (Aug. 2011), https://
www.ferc.gov/sites/default/files/2020-07/
OutagesandCurtailmentsDuringtheSouthwest
ColdWeatherEventofFebruary1-5-2011.pdf
(recommending that each generator owner and
operator should take steps to ensure that
winterization is in place before the inter season and
take preventative action in a timely manner).
17 FERC and NERC Staff, The South Central
United States Cold Weather Bulk Electric System
Event of January 17, 2018, at 80–81 (July 2019),
https://www.ferc.gov/sites/default/files/legal/staffreports/2019/07-18-19-ferc-nerc-report.pdf (finding
that the event was ‘‘caused by failure to properly
prepare or ‘winterize’ the generation facilities for
cold temperatures’’).
18 November 2021 Report at 185 (finding that
‘‘generation freezing issues were the number one
cause of the Event, and the same frequently-seen
frozen components reappear’’).
19 Id.

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date of less than 60 months from
regulatory approval.20
11. We also find it necessary that
NERC ensure that Reliability Standard
EOP–012–1 adequately addresses the
reliability concerns related to generator
owner constraint declarations, the
adequacy of the Extreme Cold Weather
Temperature definition, and determine
whether future modification is needed,
as discussed in more detail below. We
note that, under the proposed
implementation plan, it will be five
years before certain requirements will
be effective and a longer period before
experiential data will be available.
Notwithstanding our directives to
shorten the implementation period for
certain Requirements, waiting to collect
data until after implementation will not
provide timely information on the
effectiveness of winterization efforts.
However, section 1600 of NERC’s Rules
of Procedure provides a mechanism for
data collections that could be used
during the period prior to full
implementation. Therefore, we direct
NERC, pursuant to section 39.2(d) of the
Commission’s regulations,21 to work
with Commission staff to submit a plan
no later than 12 months after the date
of issuance of this order explaining how
it will collect and assess data prior to
and after the implementation of the
following elements of Reliability
Standard EOP–012–1: (1) generator
owner declared constraints and
explanations thereof; and (2) the
adequacy of the Extreme Cold Weather
Temperature definition.
I. Background
A. Section 215 and Mandatory
Reliability Standards
12. Section 215 of the FPA provides
that the Commission may certify an
ERO, the purpose of which is to develop
mandatory and enforceable Reliability
Standards, subject to Commission
review and approval.22 Reliability
Standards may be enforced by the ERO,
subject to Commission oversight, or by
the Commission independently.23
Pursuant to section 215 of the FPA, the
Commission established a process to
20 See e.g., Generator Verification Reliability
Standards, Order No. 796, 146 FERC ¶ 61,213, at PP
1–2 (2014) (approving Reliability Standard MOD–
025–2 and its associated staggered implementation
plan, which required 40% of applicable facilities to
be verified in 2 years, 60% in 3 years, 80% in 4
years, and 100% in 5 years).
21 18 CFR 39.2(d) (2021) (the ERO shall provide
the Commission such information as is necessary to
implement section 215 of the FPA).
22 16 U.S.C. 824o(c).
23 Id. § 824o(e).

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select and certify an ERO,24 and
subsequently certified NERC.25

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B. The February 2021 Cold Weather
Reliability Event
13. On February 16, 2021, the
Commission, NERC, and Regional Entity
staff initiated a joint inquiry into the
circumstances surrounding a February
2021 cold weather reliability event that
affected Texas and the South-Central
United States that culminated in a
report identifying, among other things,
recommendations for Reliability
Standard improvements.26 The
November 2021 Report found that the
February 2021 cold weather reliability
event was the largest controlled firm
load shed event in U.S. history; over 4.5
million people lost power and at least
210 people lost their lives during the
event.27 The November 2021 Report
provided an assessment of the event as
well as recommendations including,
inter alia, Reliability Standard
enhancements to improve extreme cold
weather operations, preparedness, and
coordination.28
14. After the February 2021 cold
weather reliability event, but before the
November 2021 Report was issued,
NERC filed a petition for approval of
cold weather Reliability Standards
addressing recommendations from a
2018 cold weather event report.29 In
August 2021, the Commission approved
NERC’s modifications to Reliability
Standards EOP–011–2 (Emergency
Preparedness and Operations), IRO–
010–4 (Reliability Coordinator Data
Specification and Collection), and TOP–
003–5 (Operational Reliability Data).30
Reliability Standards IRO–010–4 and
TOP–003–5 require that reliability
coordinators, transmission operators,
and balancing authorities develop,
maintain, and share generator cold
weather data.31 EOP–011–2 requires
generator owners to have generating
unit cold weather preparedness plans
and generator owners and generator
24 Rules Concerning Certification of the Elec.
Reliability Org.; & Procs. for the Establishment,
Approval, & Enforcement of Elec. Reliability
Standards, Order No. 672, 114 FERC ¶ 61,104, order
on reh’g, Order No. 672–A, 114 FERC ¶ 61,328
(2006).
25 N. Am. Elec. Reliability Corp., 116 FERC
¶ 61,062, order on reh’g and compliance, 117 FERC
¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v. FERC,
564 F.3d 1342 (D.C. Cir. 2009).
26 See November 2021 Report at 9.
27 Id.
28 Id. at 184–212 (sub-recommendations 1a
through 1j).
29 2019 South Central Event Report at 89.
30 See generally Order Approving Cold Weather
Reliability Standards, 176 FERC ¶ 61,119 (2021)
(noting that the standards become enforceable on
April 1, 2023).
31 Id.

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operators to provide training for
implementing the cold weather
preparedness plans.32
C. NERC’s Petition and Proposed
Reliability Standards EOP–011–3 and
EOP–012–1
15. On October 28, 2022, NERC filed
a petition seeking approval on an
expedited basis of Reliability Standards
EOP–011–3 and EOP–012–1, the
Standards’ associated violation risk
factors and violation severity levels,
three newly-defined terms (Extreme
Cold Weather Temperature, Generator
Cold Weather Critical Component, and
Generator Cold Weather Reliability
Event), NERC’s proposed
implementation plan, and the
retirement of currently approved EOP–
011–2.33 NERC explains that Reliability
Standards EOP–011–3 and EOP–012–1
build upon the 2021-approved cold
weather Reliability Standards by further
strengthening the reliability of the BulkPower System during extreme cold
weather conditions.34 NERC maintains
that proposed Reliability Standards
EOP–011–3 and EOP–012–1 are
consistent with key recommendations
for standards’ improvement from the
November 2021 Report.35 Specifically,
NERC states that the proposed
Reliability Standards contain new and
revised requirements to advance the
reliability of the Bulk-Power System
through the implementation of freeze
protection measures, enhanced weather
preparedness plans, annual training,
and the coordination of manual and
automatic load shed.36
16. NERC states that the purpose of
proposed Reliability Standard EOP–
011–3 is to ensure that each
transmission operator implements plans
to mitigate operating emergencies and
that such plans are coordinated within
the reliability coordinator area.
According to NERC, proposed
Reliability Standard EOP–011–3
addresses Key Recommendation 1j from
the November 2021 Report, which
recommends that the circuits used for
manual load shed be separated from the
circuits used for automatic load shed or
for critical loads.37
17. NERC proposes to modify
approved Reliability Standard EOP–
32 Id.
33 NERC

Petition at 1–2.

34 Id.
35 Id. at 23; see also November 2021 Report at
184–92, 208–10 (Key Recommendations 1b, 1d, 1e,
1f, and 1j).
36 NERC Petition at 23.
37 See id. at 20 (citing the November 2021 Report
at 208–10 (recommending that transmission
operators use automatic load shed as a last resort)).

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011–2 in multiple ways.38 First, NERC
proposes to remove Requirements R7
and R8 (generator cold weather
preparedness plans and associated
training) from EOP–011–2 and
incorporate them into proposed
Reliability Standard EOP–012–1 as
Requirements R3 and R5, respectively.39
Second, the added Requirements R1 and
R2 of EOP–011–3 require that
transmission operator emergency
operating plans include provisions that
minimize the overlap of manual load
shed circuits, circuits that serve critical
loads, and circuits that are used for
underfrequency load shedding (UFLS)
or undervoltage load shedding
(UVLS).40 Third, Requirement R1
requires the development of provisions
that limit manual load shed of UFLS or
UVLS circuits to situations warranted
by system conditions.41 Finally,
Requirement R2 adds provisions for
transmission operators to implement the
operator-controlled manual load shed in
accordance with Requirement R1. NERC
also requests that the currently
approved Reliability Standard EOP–
011–2, which will go into effect on
April 1, 2023, be retired immediately
prior to the effective date of Reliability
Standard EOP–011–3 and EOP–012–1,
i.e., 18 months after regulatory
approval.42
18. NERC requests approval of a new
Reliability Standard, EOP–012–1, which
it states is meant to apply to generator
owners and operators of generating
units that are depended upon to operate
during cold weather and Blackstart
Resources. The purpose of Reliability
Standard EOP–012–1 is to ensure that
each generator owner develops and
implements plans to alleviate the
reliability effects of extreme cold
weather on its generating units.43
According to NERC, this new Reliability
Standard addresses parts of Key
Recommendation 1a as well as 1d, 1e,
and 1f of the November 2021 Report.44
19. Proposed Reliability Standard
EOP–012–1 has seven requirements, five
of which are new (Requirements R1, R2,
R4, R6, and R7) and two of which
(Requirements R3 and R5) were moved
and revised from approved Reliability
Standard EOP–011–2. Reliability
38 Reliability Standard EOP–011–3, Requirements
R3, R4, and R5 are unchanged from the approved
version. See Order Approving Cold Weather
Reliability Standards, 176 FERC ¶ 61,119
(approving EOP–011–2).
39 Id.; NERC Petition at 45–46.
40 NERC Petition at 46–49.
41 Id. Ex. A–1, at 2–3.
42 NERC Petition at 50.
43 Id. at 29.
44 See id. at 17–18 (citing the November 2021
Report at 184–89).

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Standard EOP–012–1 Requirements R1
and R2 address a generator owner’s
obligation to implement freeze
protection measures on its applicable
units to provide them with the
capability to operate at the Extreme
Cold Weather Temperature for the unit’s
location.45 Specifically, Requirement R1
requires either new units to be capable
of operating at the Extreme Cold
Weather Temperature for a continuous
12-hour period or that the generator
owner declares that technical,
commercial, or operational constraints
prevent successful continuous
operation. Requirement R2 requires
either that existing units be capable of
continuous operation for at least one
hour at the Extreme Cold Weather
Temperature or the generator owner to
develop a corrective action plan to
address the unit’s inability to
continuously operate successfully.46
20. Reliability Standard EOP–012–1
Requirements R3 and R5 require
generator owners to implement cold
weather preparedness plans
(Requirement R3) and train their
personnel on that plan annually
(Requirement R5).47 Requirement R3
also identifies the generator owner as
the entity responsible for identifying the
Extreme Cold Weather Temperature and
Generator Cold Weather Critical
Components for its unit(s); the generator
owner must document both in its cold
weather preparedness plan(s).
21. Reliability Standard EOP–012–1
Requirement R4 requires the generator
owner to review its Extreme Cold
Weather Temperature calculation, cold
weather preparedness plan(s), and
freeze protection measures every five
years to determine if changes or updates
are warranted.48 Requirement R6
mandates that each generator owner
experiencing an outage, failure to start,
or derate due to freezing conditions
develop a corrective action plan to
address the identified causes. Lastly,
Requirement R7 requires generator
45 Id.

at 33–37.
defines the term ‘‘corrective action plan’’
as a ‘‘list of actions and an associated timetable for
implementation to remedy a specific problem.’’
NERC, Glossary of Terms Used in NERC Reliability
Standards, 11 (Dec. 2022) (NERC Glossary), https://
www.nerc.com/pa/Stand/GlossaryofTerms/
Glossary_of_Terms.pdf. See also Reliability
Standard EOP–012–1, section 4.3.
47 NERC Petition at 37–41 (stating that
Requirements R3 and R5 were taken from
Requirements R7 and R8 from Commission
approved EOP–011–2 with modifications to ensure
that a generator owner’s cold weather preparedness
plan includes the Extreme Cold Weather
Temperature, Generator Cold Weather Critical
Components, and freeze protection measures).
48 Id. at 39–40 (this periodic review may require
the generator owner to add or modify existing freeze
protection measures to continue reliable operation).

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owners to implement corrective action
plans developed pursuant to
Requirements R2, R4, or R6, or explain
in a declaration why they are not
implementing corrective actions due to
technical, commercial, or operational
constraints.49
22. NERC requests the Commission
approve the violation risk factors and
violation severity levels for Reliability
Standards EOP–011–3 and EOP–012–1.
NERC states that the violation risk
factors and violation severity levels for
Reliability Standard EOP–011–3 did not
change from approved Reliability
Standard EOP–011–2. NERC also
proposes violation risk factors and
violation severity levels for new
Reliability Standard EOP–012–1.50
23. NERC proposes an 18-month
effective date for Reliability Standards
EOP–011–3 and EOP–012–1, beginning
on the first day of the first calendar
quarter following regulatory approval.51
All the requirements of Reliability
Standard EOP–011–3 would be effective
on this date.
24. Specific to the requirements of
EOP–012–1, as of the effective date,
generator owners will be required to
update their cold weather preparedness
plans to include the Extreme Cold
Weather Temperature and Generator
Cold Weather Critical Components, and
document freeze protection measures
for those components as required by
EOP–012–1 Requirement R3 as well as
provide unit-specific cold weather plan
training on an annual basis as required
by Requirement R5. Within 150 days of
the effective date, generator owners will
be required to develop corrective action
plans, or declare constraints, as required
by proposed EOP–012–1 Requirements
R6 and R7. NERC also proposes that
generator owners have an additional 42
months from the effective date of
proposed Reliability Standard EOP–
012–1 (i.e., 60 months from the
regulatory approval date) to come into
compliance with the new freeze
protection measures of EOP–012–1
Requirements R1 and R2 and an
additional 60 months from the effective
date (i.e., 78 months from the regulatory
approval date) to perform the first reevaluation of the Extreme Cold Weather
Temperature for their units and update
cold weather preparedness plans and
unit freeze protection measures,
including developing any corrective
49 Id. at 43–45 (noting that the generator owner
defines these constraints).
50 Id. Ex. E at 7–20 (explaining NERC’s
justifications for each violation risk factor and
violation severity level associated with Reliability
Standard EOP–012–1).
51 NERC Petition at 50–51.

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action plans, as needed for proposed
EOP–012–1 Requirement R4.
25. NERC explains that it considered
these implementation timeframes
necessary for generator owners to
calculate the Extreme Cold Weather
Temperature for each generating unit, to
identify Generator Cold Weather Critical
Components, and to perform the
necessary engineering studies and
analyses to identify and implement
freeze protection measures that would
provide for the required performance
capability or to explain why such
measures are precluded by technical,
commercial, or operational constraints.
NERC also states that generator owners
need additional time to implement the
freeze protection measures of EOP–012–
1 Requirements R1 and R2 because of
the significant engineering, design,
analysis, and implementation efforts
required to complete such work.52
26. NERC explains that it adopted a
two-phase standard development
project to develop, draft, and revise the
extreme cold weather Reliability
Standards in accordance with the
November 2021 Report due to the
extensive scope and demonstrated
urgency of new and improved cold
weather Reliability Standards.53 NERC
states that its October 28, 2022, petition
represents phase one of its standard
development project and that the
remaining November 2021 Report
recommendations will be addressed in
the second phase of standards
development. In phase two, NERC states
that its standard drafting team also
plans to consider industry concerns that
arose in phase one.
27. Finally, NERC requests the
Commission approve the proposed
Standards in an expedited manner.
NERC explains that, among other things,
an expedited approval would provide
regulatory certainty to entities seeking
to implement the Standards ahead of the
mandatory and enforceable dates.54
II. Notice of Filing and Responsive
Pleadings
28. Notice of NERC’s October 28,
2022, Petition was published in the
Federal Register, 87 FR 67464 (Nov. 8,
2022), with comments, protests, and
motions to intervene due on or before
December 1, 2022.
29. On November 17, 2022, the
Electric Power Supply Association
(EPSA) filed a motion for an extension
of time to submit comments. On
52 Id.

at 52.
at 53 (noting that NERC anticipates
completing development and filing with the
Commission new or revised Reliability Standards
by November 1, 2023).
54 Id. at 55.
53 Id.

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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices
November 29, 2022, the Commission
extended the comment period seven
days to and including December 8,
2022.
30. The Commission received six sets
of comments and five reply comments.
The LS Power Development, LLC;
Calpine Corporation; EPSA; PJM Power
Providers Group (PJM Group);
Transmission Access Policy Study
Group (TAPS); the National Rural
Electric Cooperative Association
(NRECA); American Public Power
Association (APPA); the Independent
System Operators and Regional
Transmission Organization Council
(ISO/RTO Council); Edison Electric
Institute (EEI); New England Power
Generators Association, Inc. (NEPGA);
and Invenergy LLC (Invenergy) filed
timely motions to intervene. TAPS, the
ISO/RTO Council, NEPGA, Invenergy,
EPSA/PJM Group jointly, and the Texas
Competitive Power Advocates (TCPA)
filed timely comments. NERC filed reply
comments out of time. Invenergy filed a
motion for leave to reply and reply
comments out of time. NEPGA/EPSA/
PJM Group filed a joint out of time
motion for leave to answer and joint
answer to the ISO/RTO Council’s
comments. APPA/TAPS filed a joint out
of time motion for leave to answer along
with a joint answer to EPSA’s
comments. The ISO/RTO Council also
filed an out of time motion for leave to
answer along with an answer to the
NERC’s reply comments and NEPGA/
EPSA/PJM Group’s answer.
31. Commenters either did not
address or were generally supportive of
NERC’s proposed modifications to
Reliability Standard EOP–011–3.55
Commenters raised concerns and
requests for clarifications for NERC’s
proposed Reliability Standard EOP–
012–1. The commenters range in their
support for Reliability Standard EOP–
012–1 from requesting that the
Commission approve the Standard as
filed with minor clarifications 56 to
remanding the Standard to NERC with
directives.57 The comments on specific
matters are summarized and addressed
in the determinations below.
III. Determination

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A. Procedural Matters
32. Pursuant to Rule 214 of the
Commission’s Rules of Practice and
55 E.g., EPSA/PJM Group Comments at 3; NEPGA/
EPSA/PJM Group Answer at 1; ISO/RTO Council
Comments at 1–2, TAPS Comments at 1.
56 See APPA/TAPS Answer at 2–9; ISO/RTO
Comments at 1–3; ISO/RTO Answer at 1–2; TAPS
Comments at 1.
57 See EPSA/PJM Group Comments at 2–4;
Invenergy Comments at 2, 13; NEPGA Comments at
2, 6–8; TCPA Comments at 2, 5–6.

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Procedure, 18 CFR 385.214 (2021), the
timely, unopposed motions to intervene
serve to make the entities that filed
them parties to this proceeding.
33. Rule 213(a)(2) of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.213(a)(2) (2021),
prohibits an answer to a protest or
answer unless otherwise ordered by the
decisional authority. Pursuant to Rule
214(d) of the Commission’s Rules of
Practice and Procedure, 18 CFR
385.214(d), we grant NERC and
Invenergy’s leave to file their late-filed
reply comments given their interest in
the proceeding and the absence of
undue prejudice or delay. We also grant
APPA/TAPS, NEPGA/EPSA/PJM Group,
and the ISO/RTO Council’s motions for
leave to file out of time answers and we
accept their answers because they have
provided information that assisted us in
our decision-making process.
B. Substantive Matters
34. Pursuant to section 215(d)(2) of
the FPA, we approve Reliability
Standards EOP–011–3 and EOP–012–1
as just, reasonable, not unduly
discriminatory or preferential and in the
public interest. As discussed in this
order, we approve proposed Reliability
Standards EOP–011–3 and EOP–012–1,
their associated violation risk factors
and violation severity levels, the newly
defined terms Generator Cold Weather
Critical Component, Extreme Cold
Weather Temperature, and Generator
Cold Weather Reliability Event. We
defer our decision on whether to
approve or modify NERC’s proposed
implementation date for Reliability
Standard EOP–011–3 (and proposed
retirement of Reliability Standard EOP–
011–2) until NERC submits its revised
applicability section for EOP–012, as
discussed in more detail below. Absent
the reforms adopted in Reliability
Standards EOP–011–3 and EOP–012–1,
the existing defects and inefficiencies
exhibited during extreme cold weather
conditions could be exacerbated and
negatively affect reliability.
35. We find that Reliability Standard
EOP–011–3 is an improvement over the
2021-approved cold weather Reliability
Standards and enhances reliability by
improving how transmission operators
account for the overlap of manual load
shed and automatic load shed in their
emergency operating plans while also
addressing the need to minimize the use
of manual load shed that could further
exacerbate emergencies and threaten
system reliability. Commenters did not
express concern with Reliability
Standard EOP–011–3. Accordingly, we
approve Reliability Standard EOP–011–
3.

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36. We find that Reliability Standard
EOP–012–1 represents an improvement
to the Reliability Standards and
enhances the reliable operation of the
Bulk-Power System by requiring
generator owners to implement freeze
protection measures, develop enhanced
cold weather preparedness plans,
implement annual trainings, draft and
implement corrective action plans to
address freezing issues, and provide
certain cold weather operating
parameters to reliability coordinators,
transmission operators, and balancing
authorities for use in their analyses and
planning. We believe that these
measures begin to address many of the
issues identified as contributing to
generating unit failures during extreme
cold weather conditions, as noted in the
November 2021 Report.58 We also
appreciate that NERC completed the
modifications and development of
Reliability Standards EOP–011–3 and
EOP–012–1 in a timely manner.
37. Several commenters express
concern regarding ambiguities in
Requirements R1 and R7 of Reliability
Standard EOP–012–1 pertaining to the
generator owner declarations for
‘‘technical, commercial, or operational
constraints’’ and ask the Commission to
remand the Standard with direction to
NERC for clarifications.59 As discussed
below, we agree that the provisions are
ambiguous. However, we are not
persuaded that there is sufficient cause
to remand Reliability Standard EOP–
012–1. Since we find that the Standard
enhances the reliable operation of the
Bulk-Power System, we conclude that
the better course is to approve
Reliability Standard EOP–012–1 so that
it will take effect in a timely manner.
Nevertheless, pursuant to our authority
under FPA section 215(d)(5), we also
direct NERC to develop modifications to
address the concerns regarding
Requirements R1 and R7, as well as
other concerns we have identified as to
other aspects of Reliability Standard
EOP–012–1, without delaying the
effective date of Reliability Standard
EOP–012–1. This approach is consistent
with Commission precedent.60
58 See

November 2021 Report at 184–210.
e.g., EPSA/PJM Group Comments at 7–9;
ISO/RTO Council Comments at 10; NEPGA
Comments at 7–8.
60 See e.g., Mandatory Reliability Standards for
the Bulk-Power Sys., Order No. 693, 118 FERC
¶ 61,218, at P 10 (2007) (noting that ‘‘[w]here a
Reliability Standard requires significant
improvement, but is otherwise enforceable, the
Commission approves the Reliability Standard’’ and
‘‘directs the ERO to modify’’ such Standards to
address identified issues or concerns); Version 5
Critical Infrastructure Prot. Reliability Standards,
Order No. 791, 145 FERC¶ 61,160, at PP 1–4 (2013),
59 See

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38. While we understand that the
implementation plan for Reliability
Standard EOP–012–1 is designed to
accommodate entities that may need
time to determine Extreme Cold
Weather Temperature values, identify
cold weather critical components for
applicable generating units, develop
corrective action plans for freeze issues,
perform various engineering analyses,
provide the required training, and
develop the necessary capabilities to
satisfy revised data specifications,
industry has been aware of and alerted
to the need to prepare their generating
units for cold weather since at least
2011. Therefore, we direct NERC to
reduce the implementation time and to
include a staggered implementation for
Requirement R2 to reduce reliability
risks. NERC should consider the amount
of time that industry has already been
alerted to the need to implement freeze
protection measures when determining
the appropriate implementation period.
We also strongly encourage entities that
are capable of complying with these
Standards earlier than the mandatory
and enforceable date to do so.
39. In addition to the directives to
modify various aspects of Reliability
Standard EOP–012–1, we also have
concerns regarding generator owner
constraint declarations and the
adequacy of the Extreme Cold Weather
Temperature definition that may be
addressed with additional information.
Therefore, pursuant to section 39.2(d) of
the Commission’s regulations,61 NERC
is hereby directed to work with
Commission staff to submit a plan no
later than 12 months after the date of
issuance of this order on how it will
collect and assess, through annual and
event-based data submittals, the
following elements of Reliability
Standard EOP–012–1: (1) generator
owner declared constraints and
explanations thereof; and (2) the
adequacy of the Extreme Cold Weather
Temperature definition. NERC is hereby
directed to submit periodic reports to
the Commission providing the results of
the assessments, as discussed in further
detail below.
40. Below we address the following
elements of Reliability Standard EOP–
012–1: (1) jurisdiction; (2) the
applicability of Reliability Standard
EOP–012–1; (3) generator owner
declarations for technical, commercial,
or operational constraints; (4) the
Extreme Cold Weather Temperature
definition; (5) the absence of a deadline
by which generator owners must

implement new or modified freeze
protection measures required by their
corrective action plans; (6) cost recovery
mechanisms; (7) other technical matters;
and (8) annual and event-based data
submittals.
1. Jurisdiction
a. Background
41. Section 215(a)(3) of the FPA
defines ‘‘Reliability Standard’’ as:
a requirement, approved by the Commission
under this section, to provide for reliable
operation of the bulk-power system. The term
includes requirements for the operation of
existing bulk-power system facilities,
including cybersecurity protection, and the
design of planned additions or modifications
to such facilities to the extent necessary to
provide for reliable operation of the bulkpower system, but the term does not include
any requirement to enlarge such facilities or
to construct new transmission capacity or
generation capacity.62

42. The term ‘‘Reliable Operation’’ is
defined by the statute as ‘‘operating the
elements of the bulk-power system
within equipment and electric system
thermal, voltage, and stability limits so
that instability, uncontrolled separation,
or cascading failures of such system will
not occur as a result of a sudden
disturbance . . . or unanticipated
failure of system elements.’’ 63
b. Comments
43. EPSA/PJM Group and Invenergy
assert that Requirements R1 and R2 of
Reliability Standard EOP–012–1 would
impose obligations on generator owners
that ‘‘fall outside of the scope’’ of
section 215 of the FPA.64 Both
provisions of Reliability Standard EOP–
012–1 require generator owners to add
new, or modify existing, freeze
protection measures, with Requirement
R1 pertaining to generating units with
an operational date subsequent to the
effective date of the Reliability
Standard, and Requirement R2
pertaining to existing generating units.
44. EPSA/PJM Group argue that while
the definition of Reliable Operation
allows NERC to require modifications to
address sudden disturbances and
unanticipated failures, ‘‘the language of
the section is very clear that a
Reliability Standard may only cover ‘the
operation’ of existing facilities, where
such operation shall only be ‘within’
equipment limits exclusively for the
purpose of mitigating ‘sudden
disturbances’ and ‘unanticipated
failures.’ ’’ 65 In other words, according
U.S.C. 824o(a)(3).
§ 824o(a)(4).
64 See EPSA/PJM Group Comments at 5–7;
Invenergy Comments at 13.
65 Id. (footnotes omitted).

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c. Commission Determination
46. We are not persuaded by EPSA/
PJM Group and Invenergy’s arguments
and conclude that Reliability Standard

62 16

63 Id.

order on clarification and reh’g, Order No. 791–A,
146 FERC ¶ 61,188 (2014).
61 18 CFR 39.2(d).

to EPSA/PJM Group, the statute
authorizes the modification of existing
facilities to reliably operate within their
existing equipment limits but does not
permit a Reliability Standard that
changes a resource’s equipment limits.66
In the same vein, Invenergy asserts that
it is unclear whether NERC has the
authority under section 215 of the FPA
to mandate retrofits on existing
generators because the statutory
definition of Reliability Standard is
limited to requirements ‘‘for the
operation of existing bulk-power system
facilities.’’ 67 According to Invenergy,
this language suggests that NERC can
only mandate modifications when
changes to a facility are already
planned.68
45. In its reply comments, NERC
asserts that the requirements of
Reliability Standard EOP–012–1 that
generator owners add freeze protection
measures is within the scope of its
authority and that commenters argue for
an overly narrow interpretation of
section 215 of the FPA.69 According to
NERC, EOP–012–1 satisfies a three-part
framework for analyzing whether a
proposed Reliability Standard is within
the ERO’s authority under the statute,
namely that the Standard: (1) applies to
users, owners or operators of the BulkPower System; (2) provides for the
reliable operation of the Bulk-Power
System; and (3) may include operational
or design requirements, but may not
address matters expressly excluded in
the statute that were historically left to
the jurisdiction of the states. Focusing
on the third prong, NERC explains that
Reliability Standard EOP–012–1
pertains to the operation of existing
facilities and the design of planned
additions or modifications to such
facilities as needed to provide for the
reliable operation of the Bulk-Power
System, which is explicitly included in
the statutory definition of Reliability
Standard. NERC argues that, while the
statutory definition of Reliability
Standard specifically excludes ‘‘any
requirement to enlarge [existing]
facilities or to construct new
transmission capacity or generation
capacity,’’ EPSA/PJM Group’s narrow
reading of the definition would write
into the statute a new exclusion that
does not exist.

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66 Id.

at 6.

67 Invenergy

Comments at 13.

68 Id.
69 NERC

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EOP–012–1 Requirements R1 and R2 are
within the statutory authority of the
ERO and the Commission. We agree
with NERC that EPSA/PJM Group and
Invenergy narrowly interpret the terms
‘‘Reliability Standard’’ and ‘‘Reliable
Operation’’ under section 215 of the
FPA to reach an inaccurate conclusion
regarding the ERO and the
Commission’s statutory authority.70
47. First, Requirements R1 and R2 of
EOP–012–1 comport with the statutory
definition of a Reliability Standard,
which includes modifications to
facilities to the extent that they are
necessary to provide for the reliable
operation of the Bulk-Power System.71
Reliability Standard EOP–012–1
Requirement R1 requires generating
units with a commercial operation date
after the effective date of the Standard
to implement freeze protection
measures so that the unit is capable of
continuous operation for at least 12
hours at the Extreme Cold Weather
Temperature or for the generator owner
to submit a declaration of a technical,
commercial, or operational constraint
that preclude its ability to comply with
the Standard. Requirement R2 of EOP–
012–1 requires existing generating units
to either be capable of continuous
operation for at least one hour at the
Extreme Cold Weather Temperature or
to develop a corrective action plan to
resolve the issue. Thus, Requirements
R1 and R2’s freeze protection provisions
serve an appropriate purpose, i.e., to
provide the ‘‘Reliable Operation’’ 72 of
the Bulk-Power System as set forth in
the definition of a ‘‘Reliability
Standard.’’ 73 Further, neither of these
requirements mandate the construction
of new generation capacity or an
expansion of the unit’s generating
capacity, which are the only relevant
exclusions identified in the statutory
definition of a ‘‘Reliability Standard.’’ 74
48. Moreover, we reject EPSA/PJM
Group’s interpretation of the statutory
definition of ‘‘Reliable Operation’’ as
imposing a limitation or exclusion on an
acceptable Reliability Standard. EPSA/
PJM Group recognizes that under the
definition of ‘‘Reliable Operation’’
NERC may require modifications to
mitigate ‘‘sudden disturbances’’ and
‘‘unanticipated failures’’ of facilities to
the extent necessary to provide for
reliable Bulk-Power System
operations.75 Indeed, the Commission
70 Id.;

see also 16 U.S.C. 824o(a)(3)–(4).
U.S.C. 824o(a)(3).
72 Id. section 824o(a)(4).
73 Id. section 824o(a)(3).
74 Id.
75 EPSA/PJM Group Comments at 5 (citing to 16
U.S.C. 824(a)(4)).
71 16

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has previously approved Reliability
Standards that require the
implementation of physical
modifications to improve reliability.76
Rather, EPSA/PJM Group reads a
limitation into the statutory definition
of Reliable Operation—specifically
‘‘within equipment . . . limits’’—and
argues that the proposed Reliability
Standard would constitute an
impermissible change to such
equipment limits. However, we do not
find this argument to be persuasive as
the statutory language is not as narrow
as EPSA/PJM Group suggests. When
read in context, the definition of
‘‘Reliable Operation’’ contemplates that
Reliability Standards should be
designed so that facility equipment
operates within specified limits to
mitigate sudden disturbances and
prevent unanticipated failures of system
elements.77
49. EPSA/PJM Group seizes upon
language from the ‘‘Reliability
Standard’’ definition stating that the
term ‘‘includes requirements for the
existing bulk-power system
facilities. . . .’’ 78 However, other than
EPSA/PJM Group’s assertion, there is no
logical reason to tie together the
language from these two definitions to
limit the statutory scope for the
requirements of a Reliability Standard.
Rather, in context, the ‘‘requirements for
operation of existing . . . facilities’’
passage continues ‘‘. . . including . . .
the design of planned additions or
modification to such facilities to the
extent necessary to provide for reliable
operation of the bulk-power system.’’ 79
This exactly describes the purpose of
the freeze protection requirements in
EOP–012–1, which are intended to
reduce capacity that is forced off-line
due to freezing conditions and to help
ensure that such capacity is not forced
off-line in newer units. Accordingly, we
reject the arguments of EPSA/PJM
Group that the requirements of EOP–
012–1 are beyond our or NERC’s
authority.
50. For similar reasons, we reject
Invenergy’s argument that a requirement
to ‘‘retrofit’’ existing generators exceeds
the statutory definition of a Reliability
Standard that is limited to requirements

‘‘for the operation of existing bulkpower system facilities.’’ 80 Again,
Invenergy would read in an exclusion
beyond the one explicit exclusion stated
in the definition. Moreover, Invenergy’s
selected quote ignores the language that
follows which includes requirements for
‘‘the operation of existing bulk-power
system facilities . . . and the design of
planned additions or modifications to
such facilities to the extent necessary to
provide for reliable operation of the
bulk-power system.’’ 81 As discussed
above, Requirements R1 and R2’s freeze
protection measures satisfy the latter
provision, as the record shows that
these modifications are necessary to
provide for the reliable operation of the
Bulk-Power System.

76 See, e.g., Order No. 693, 118 FERC ¶ 61,218 at
PP 1547, 1550 (approving Reliability Standard
PRC–018–1, which requires the installation of
disturbance monitoring equipment); Mandatory
Reliability Standards for Critical Infrastructure
Protection, Order No. 706, 122 FERC ¶ 61,040, at P
86 (2008) (providing entities with a reasonable
amount of time to purchase and install new
software and equipment for compliance);
PacifiCorp, 141 FERC ¶ 61,140 P 1 (2014).
77 16 U.S.C. 824o(a)(4).
78 EPSA/PJM Group Comments at 5.
79 16 U.S.C. 824o(a)(3).

80 See Invenergy Comments at 13. But see NERC
Petition Ex. A–2, at 3–8 (the term ‘‘retrofit’’ not
appearing in proposed Reliability Standard EOP–
012–1).
81 16 U.S.C. 824o(a)(3).
82 See NERC, Rules of Procedure, App. 3A
(Standard Process Manual), 5 (Mar. 2019), N. Am.
Elec. Reliability Corp., 116 FERC ¶ 61,062, order on
reh’g and compliance, 117 FERC ¶ 61,126 (2006),
aff’d sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342
(D.C. Cir. 2009).
83 Reliability Standard EOP–012–1, section
4.2.1.1.

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2. Applicability of Reliability Standard
EOP–012–1
51. NERC’s Rules of Procedure
requires all Reliability Standards to
include an applicability section that
identifies (1) the registered functional
entities required to comply with each
Standard and (2) the bulk electric
system facilities to which the
requirements apply.82 Reliability
Standard EOP–012–1’s applicability
section applies to registered generator
owners and generator operators.
Further, the facilities subject to the
requirements of the standard include
bulk electric system generating units
that are Blackstart Resources and any
bulk electric system generating unit
that:
commits or is obligated to serve a Balancing
Authority load pursuant to a tariff obligation,
state requirement as defined by the relevant
electric regulatory authority, or other
contractual arrangement, rule, or regulation,
for a continuous run of four hours or more
at or below a temperature of 32 degrees
Fahrenheit (zero degrees Celsius) 83

52. NERC explains that the facilities
section inclusions are ‘‘carefully
tailored to place the responsibility for
cold weather preparedness on those
generating units that are being
depended on to operate in cold weather
and on which the reliability of the
system depends’’ and that the facilities
section exclusions are meant to avoid
‘‘undue burden on those generating

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units that are not expected to operate in
cold weather.’’ 84

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a. Comments
53. Invenergy questions which
generator owner and generator operators
must comply with Reliability Standard
EOP–012–1. Specifically, Invenergy
asserts that the applicability section of
the Standard is not clear and
unambiguous as to which entities must
comply. Invenergy argues there are
different types of generator owners that
vary widely in how they, with their
generating units, participate in electric
markets, and requests that the
Commission direct NERC to modify
proposed Reliability Standard EOP–
012–1 to provide specific criteria for
which entities must comply.85
b. Commission Determination
54. We agree with Invenergy that the
applicability of Reliability Standard
EOP–012–1 is unclear and ambiguous.
In its technical rationale and
justification, NERC explains that
Reliability Standard EOP–012–1 is not
meant to require all generating units to
provide capacity in extreme cold
weather. Instead, the Standard applies
to those generating resources that are
‘‘obligated to serve Balancing Authority
load during periods at or below freezing
due to commitments pursuant to tariff
obligations, state requirements defined
by regulatory authorities, or other
contractual arrangements, rules, or
regulations are subject to the
winterization requirements.’’ 86 Further,
NERC explains that the ‘‘[t]he [standard
drafting team] chose the four-hour
timeframe in consideration of generators
that typically do not commit during
freezing conditions but are running
when conditions drop below freezing
for a short period of time . . . ’’ 87
Lastly, NERC states that the language is
intended to act as a ‘‘blanket inclusion
of all [bulk electric system] resources
that serve Balancing Authority load for
a period of more than four hours in
freezing conditions.’’ 88
55. Despite this additional description
regarding the standard drafting team’s
intent, we are concerned that certain
elements of the applicability criteria
remain unclear and ambiguous. For
example, in light of the multiple
different approaches for participating in
electricity markets, it may not be clear
under what circumstances a generator
owner is ‘‘obligated to serve a Balancing
84 NERC

Petition at 30.
Comments at 4.
86 NERC Petition, Ex. C–2, Technical Rationale
and Justification for EOP–012–1 at 1.
87 Id.
88 Id. at 2.
85 Invenergy

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Authority load.’’ 89 Similarly, while the
intent appears to be to exclude units
that do not typically run during winter,
it is unclear how the qualifier of ‘‘for
four hours or more’’ is meant to be
measured and applied in practice.
56. We find that NERC has not
sufficiently supported the applicability
criteria of EOP–012–1. Reliability
Standard EOP–012–1 applies only to
‘‘[a] Blackstart Resource’’ or ‘‘[a] Bulk
Electric System generating unit that
commits or is obligated to serve . . .
pursuant to a tariff obligation, state
requirement . . . , or other contractual
arrangement, rule, or regulation, for a
continuous run of four hours or more at
or below a temperature of 32 degrees
Fahrenheit (zero degrees
Celsius). . . .’’ 90 This applicability is
further limited by enumerated
exemptions set forth in section 4.2.2.
NERC explains in its Petition that the
Facilities section 4.2 of the Reliability
Standard, that limits applicability to an
unidentified subset of generating units,
is meant to ‘‘place the responsibility for
cold weather preparedness on those
generating units that are being
depended on to operate in cold weather
and on which the reliability of the
system depends, while avoiding undue
burden on those generating units that
are not expected to operate in cold
weather.’’ 91 But based on commenter
concerns and our reading of the plain
text of the Reliability Standard, the
extent of Reliability Standard EOP–012–
1’s applicability to bulk electric system
facilities is unclear.
57. For example, it is unclear how the
term ‘‘continuous run’’ would apply to
intermittent resources, which by their
nature are variable and, therefore, do
not always run continuously. Ensuring
clear applicability to intermittent
generators is critical to ensuring that
enough generating units are available
during cold temperatures.
58. Moreover, to the extent it is
NERC’s intent to exclude units that do
not typically run during winter from
every requirement in the Standard, we
have concerns that this is not clearly
articulated in Reliability Standard EOP–
012–1. In short, we are concerned that
use of the terms ‘‘continuous run,’’
‘‘commits or is obligated to serve’’ and
‘‘four hours or more,’’ as well as the
enumerated exemptions, obfuscates the
extent of applicability of Reliability
Standard EOP–012–1 and may not
ensure that compliance is required for
all ‘‘generating units that are being
depended on to operate in cold weather
89 Id.

at 1.

90 Reliability
91 NERC

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Petition at 30.

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and on which the reliability of the
system depends.’’ 92 Therefore, we
direct NERC, pursuant to FPA section
215(d)(5), to modify Reliability Standard
EOP–012–1 to ensure that it captures all
bulk electric system generation
resources needed for reliable operation
and excludes only those generation
resources not relied upon during
freezing conditions.93 As the directive is
to clarify the language of the
applicability section to align with
NERC’s explanation of the entities that
should comply, there should be no need
for additional implementation time.
Therefore, NERC should ensure the
modified applicability is implemented
as of the effective date of Reliability
Standard EOP–012–1.
59. Given the lack of clarity in the
proposed applicability criteria for EOP–
012–1, we are concerned that the
standard could apply to significantly
fewer generators than the existing
Reliability Standard EOP–011–2
Requirements R7 and R8. Thus, as
Reliability Standard EOP–011–2
requirements to implement and
maintain cold weather preparedness
plan(s) and associated training applies
to all bulk electric system generating
units, we defer our decision on whether
to approve or modify NERC’s proposed
implementation date for Reliability
Standard EOP–011–3 (and proposed
retirement of Reliability Standard EOP–
011–2) until NERC submits its revised
applicability section for EOP–012.
Allowing these requirements to remain
mandatory and enforceable will ensure
all bulk electric system generating units
are required to maintain cold weather
preparedness plans until such time as
the revised applicability criteria are
effective for EOP–012.
60. Furthermore, we are concerned
that the proposed applicability criteria
for EOP–012–1 and retirement of EOP–
011–2 Requirements R7 and R8 will
eliminate valuable information on cold
weather preparedness of generating
units that typically do not operate
during the winter. Under EOP–011–2,
all bulk electric system generating units
must identify in cold weather
preparedness plan(s) ‘‘[g]enerating
unit(s) cold weather data’’ including
‘‘[g]enerating unit(s) operating
limitations in cold weather’’ and
92 Id.

at 30.
U.S.C. 824o(d)(5) (stating that the
Commission, ‘‘upon its own motion or upon
complaint, may order the Electric Reliability
Organization to submit to the Commission a
proposed reliability standard or a modification to a
reliability standard that addresses a specific matter
if the Commission considers such a new or
modified reliability standard appropriate to carry
out this section’’).
93 16

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‘‘[g]enerating unit(s) minimum . . .
design temperature . . . historical
operating temperature . . . or current
cold weather performance temperature
determined by an engineering analysis.’’
This data is to be exchanged with the
reliability coordinator, transmission
operator, and balancing authority for
planning and operations. The November
2021 Report stated that ‘‘[t]he intent
behind requiring [generator owners] to
identify and share with the [balancing
authorities] and [transmission operators]
the expected limitations of their
generating units ‘during local forecasted
cold weather,’ is to prevent grid
operators from being surprised when
large numbers of generating units that
had committed to run are unable to do
so during cold weather events.’’ 94 Once
EOP–012–1 goes into effect, and EOP–
011–2 Requirements R7 and R8 are
retired, we are concerned that
generating units that do not typically
operate during the winter will no longer
provide this information to reliability
coordinators, transmission operators,
and balancing authorities. The loss of
this information concerns us as the
proposed applicability of EOP–012–1
recognizes that units that do not
typically run during the winter may be
called upon during emergencies. We
therefore direct NERC to modify EOP–
012–1 to ensure that this information
remains available.
3. The Allowance of Exceptions for
Generator Owner-Defined Technical,
Commercial, or Operational Constraints

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a. NERC Petition
61. Requirement R1 of EOP–012–1
requires a generator owner to either
implement freeze protection measures
on its existing units that provide
capability to operate for a period of not
less than 12 continuous hours at the
Extreme Cold Weather Temperature for
the unit or ‘‘[e]xplain in a declaration
any technical, commercial, or
operational constraints that preclude the
ability’’ to comply with the
requirement.95 Similarly, Requirement
R7 mandates that a generator owner
implement each corrective action plan
developed pursuant to Requirements
R2, R4, or R6 ‘‘or explain in a
declaration why corrective actions are
not being implemented due to any
technical, commercial, or operational
constraint as defined by the Generator
Owner.’’ 96
94 November

2021 Report at 190–91.
Petition Ex A–2, at 4.
96 Id. at 4–6.
95 NERC

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b. Comments
62. Several commenters assert that the
Requirements R1 and R7 in Reliability
Standard EOP–012–1 could benefit from
increased clarity. EPSA/PJM Group,
NEPGA, and the ISO/RTO Council
assert that the generator owner
declaration of constraints outlined in
Requirement R1 and Requirement R7
are overly broad and that there is no
explanation of what technical,
commercial, or operational constraints
would be permissible for generator
owners to avoid both the
implementation of freeze protection
measures and a corrective action plan.97
Specifically, EPSA/PJM Group contend
that the broad discretion towards
generator owners to identify constraints
in Requirements R1 and R7 may lead to
generator owners avoiding the
implementation of freeze protection
measures (to lower their costs), thereby
negatively interfering with
competition.98 The ISO/RTO Council
states that this generator owner
discretion to determine what constraints
are valid without oversight could make
enforcement difficult.99 Similarly,
Invenergy argues that this discretion
could lead to uneven implementation
and enforcement.100 TCPA also requests
that the Commission clarify that a lack
of cost recovery is a commercial
constraint to implementing Requirement
R1 and R7.101 Finally, commenters
point out that there is no indication in
the Standard of which entity should
receive the declaration of constraints
from the generator owner, if any.102
63. NERC, in its reply comments,
states that provisions criticized by
commenters including the ‘‘constraints’’
provision represents a balancing of
competing opinions raised in the
standards development process. NERC
opines that the petition provides a
sound technical basis for approving the
Standards as filed, and reiterates that
during the second phase project, ‘‘NERC
may propose further changes to enhance
the clarity or effectiveness of the EOP–
012 standard.’’ 103
c. Commission Determination
64. We share commenters’ concerns
regarding the uncertainty created by the
proposed technical, commercial, or
operational constraint provisions in
97 EPSA/PJM Group Comments at 7–9; ISO/RTO
Council Comments at 10; NEPGA Comments at 7–
8.
98 EPSA/PJM Group Comments at 7–9.
99 ISO/RTO Council Comments at 10–11.
100 Invenergy Comments at 8.
101 TCPA Comments at 2–3, 7–8.
102 E.g., ISO/RTO Council Comments at 10.
103 NERC Reply Comments at 13.

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15003

Requirements R1 and R7, and that
without criteria to guide the generator
owners, or guardrails on what
constitutes a legitimate technical,
commercial, or operational constraint,
entities may either benefit financially by
avoiding the purpose of the Standard
altogether or have declarations without
auditable elements.104 Indeed, instead
of implementing freeze protection
measures, Requirement R1 allows an
entity to explain in a declaration the
constraints that preclude the ability to
comply. Requirement R7 allows an
entity to explain in a declaration any
technical, commercial, or operational
constraints as defined by the generator
owner that prevent its implementation
of corrective actions set forth in a
corrective action plan pursuant to
Requirements R2, R4 and R6. We are
also concerned that a generator owner
may make the determination without
informing planning and operational
entities (i.e., the reliability coordinator
or balancing authority) that are
expecting the reliable operation of the
generating unit to its Extreme Cold
Weather Temperature.
65. The Commission has previously
encountered similar concerns regarding
the vagueness and enforceability of
Reliability Standards language. For
example, in Order No. 693 the
Commission approved Reliability
Standards while also expressing
concern that the term ‘‘sabotage’’ was
too ambiguous.105 Similarly, in Order
No. 791 (approving Version 5 of the CIP
Standards), the Commission raised
concerns with vague language that
required entities to ‘‘identify, assess,
and correct’’ deficiencies. The
Commission determined that the
ambiguities resulted in an
‘‘unacceptable amount of uncertainty’’
and directed NERC to remove the
ambiguous language and develop
modifications within one year.106 In
both Order No. 693 and Order No. 791,
the Commission approved NERC’s
proposed Reliability Standards as an
improvement to reliability, while
directing NERC to submit modifications
to the Standards addressing the
Commission’s concern regarding
vagueness of particular language. We
conclude that a similar approach is
appropriate in the immediate
proceeding, given the improvements
offered by Reliability Standard EOP–
104 See, e.g., ISO/RTO Comments at 10
(cautioning that the ‘‘broad undefined ‘commercial’
exemption could lead to the exception swallowing
the rule’’).
105 Order No. 693, 118 FERC ¶ 61,218 at PP 1,
461.
106 See Order No. 791, 145 FERC ¶ 61,160 at PP
49–53, 67, 69.

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012–1 in addressing Bulk-Power System
reliability during extreme cold weather
events.
66. Accordingly, we direct NERC,
pursuant to section 215(d) of the FPA,
to develop and submit modifications to
Reliability Standard EOP–012–1
Requirements R1 and R7 to address
concerns related to the ambiguity of
generator-defined declarations of
technical, commercial, or operational
constraints that preclude a generator
owner from implementing the
appropriate freeze protection measures
and to ensure that the constraint
declarations may not be used to opt-out
of compliance with the Standard or
obligations set forth in a corrective
action plan. Specifically, we direct
NERC to include auditable criteria on
permissible constraints and to identify
the appropriate entity that would
receive the generator owners’ constraint
declarations under EOP–012–1
Requirements R1 and R7. We direct
NERC to submit the revised Reliability
Standard no later than 12 months after
the date of issuance of this order.
67. TCPA requests that the
Commission clarify that a ‘‘lack of cost
recovery’’ is a commercial constraint to
implementing Requirement R1 and
R7.107 TCPA argues that the ability of
transmission service providers and
others to receive regulated rates of
return creates an uneven playing field
for independent generation.108 We
decline to grant TCPA’s proposed
clarification. Granting TCPA’s requested
clarification would be tantamount to a
blanket waiver for all generators that do
not currently recover their costs through
cost-of-service rates.109 We believe it
would be inappropriate to allow entities
participating in competitive wholesale
electric markets to simply opt-out of
reliability improvements offered by
NERC’s proposal because they lack a
dedicated cost recovery mechanism.
68. Additionally, to provide the
Commission with an ongoing
assessment of the risk to the Bulk-Power
System, we direct that NERC assess the
implementation of the declarations
through annual informational data
submittals filed with the Commission,
discussed in more detail in section 8.

107 TCPA Comments at 2–3, 7–8 (recommending
that commercial constraints be expanded to include
economic issues).
108 Id. at 2.
109 This order discusses cost recovery
mechanisms in more detail in section 5.

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4. The Calculation of the Extreme Cold
Weather Temperature at Which a
Generating Unit Must Be Capable of
Performing
a. NERC Petition
69. NERC proposes to define the term
Extreme Cold Weather Temperature as
equal to the lowest 0.2 percentile of the
hourly temperatures measured in
December, January, and February from
January 1, 2000, through the date the
temperature is calculated.110 According
to NERC, a statistical approach using
modern weather data would advance
the reliability of the Bulk-Power System
while also avoiding being overly
burdensome for those responsible for
compliance.111
b. Comments
70. Some commenters express
concern with the Extreme Cold Weather
Temperature definition.112 The ISO/
RTO Council argues that only
examining historical data from the year
2000 forward risks unnecessarily
limiting the range of possible cold
weather scenarios that the Standard is
intended to address, and proposes an
alternate calculation method.113
NEPGA/EPSA/PJM Group counters that
the ISO/RTO Council’s proposed
revisions materially change Reliability
Standard EOP–012–1, and should the
Commission adopt the ISO/RTO
proposal, then efforts to comply with
EOP–012–1 ‘‘as drafted’’ could be
potentially futile.114 Invenergy asserts
that the Extreme Cold Weather
Temperature definition is arbitrary
because NERC did not measure the
definition against any objective standard
to ensure reliable operation.115
Invenergy adds that the Extreme Cold
Weather Temperature should be
calculated by NERC and its Regional
Entities to prevent uneven
implementation and enforcement.116
Invenergy also argues that it is
unreasonable that the proposed Extreme
Cold Weather Temperature ‘‘will be
heavily influenced by the colder
nighttime temperatures, when there is
no solar generation.’’ 117
110 Id.

at 24.
at 25–27 (relying on the Modernization and
Associated Restructuring from the National Weather
Service, which has higher quality, more granular
temperature data in more locations).
112 NEPGA/EPSA/PJM Group Answer at 3–4; ISO/
RTO Comments at 6.
113 ISO/RTO Council Comments at 7–9.
114 NEPGA/EPSA/PJM Group Answer at 3–8
(requesting that the Commission not adopt the ISO/
RTO Council’s alternative Extreme Cold Weather
Temperature proposal).
115 Invenergy Comments at 7–8.
116 Id. at 8.
117 Id. at 7–8.
111 Id.

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c. Commission Determination
71. As noted above, the Extreme Cold
Weather Temperature is equal to the
lowest 0.2 percentile of the hourly
temperatures measured in December,
January, and February from January 1,
2000, through the date the temperature
is calculated.118 This method of
determining the Extreme Cold Weather
Temperature is a statistical approach,
using the cumulative distribution of
historical temperatures to determine the
0.2 percentile historical temperature.
NERC’s petition explains it relied on the
Modernization and Associated
Restructuring from the National
Weather Service, which has higher
quality and more granular temperature
data in more locations, being completed
in the year 2000 to justify the
elimination of all pre-2000 historical
weather data from consideration.119
72. We find that NERC’s Extreme Cold
Weather Temperature definition
represents a reasonable starting point for
reducing the level of risk. The use of the
Extreme Cold Weather Temperature to
establish a specific level of required
freeze protection for resources is also a
significant improvement over the
current cold weather Reliability
Standards, which contain no minimum
temperature operating requirements.120
With respect to the 0.2 threshold, we
believe that NERC reasonably balanced
a number of competing factors in setting
the Extreme Cold Weather
Temperature.121 Similarly, while we
agree with the ISO/RTO Council that
additional data sources may be
available, we find that NERC’s
consideration of data availability and its
determination to rely on meteorological
data starting in the year 2000 is
reasonable. Similarly, as the Extreme
Cold Weather Temperature definition is
meant to apply uniformly regardless of
generation type, we do not find it
unreasonable that solar generators
would need to meet an Extreme Cold
Weather Temperature based on 24-hourtemperature data.122
73. Although we agree that NERC
could have adopted other, potentially
more robust approaches to defining the
Extreme Cold Weather Temperature, we
believe that other factors such as
application, inspection, and
118 NERC

Petition at 24.
at 25–27.
120 See Order Approving Cold Weather Reliability
Standards, 176 FERC ¶ 61,119, at P 1.
121 NERC Petition at 130 (relying on this approach
to ensure that the Extreme Cold Weather
Temperature does not result in an overly
conservative design or preclude the generator
owner from using historical operating data to show
compliance).
122 See Invenergy Comments at 7–8.
119 Id.

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maintenance of the freeze protection
measures and the associated training of
generator owners or generator operators
that perform these actions (all of which
are requirements in the proposed
Standard) should reasonably improve
reliable operation of the Bulk-Power
System. Further, recognizing that
extreme cold weather temperatures
could drop below the Extreme Cold
Weather Temperature during future
events, the need for periodic Extreme
Cold Weather Temperature review 123
and updates 124 based on the new cold
weather temperatures will help mitigate
freezing issues over time, which could
lessen the risk of freeze-related outages
not being subject to corrective action
plans.
74. Accordingly, we are not
persuaded by commenters that
modification to NERC’s Extreme Cold
Weather Temperature definition is
warranted at this time. Nevertheless,
based on the concerns expressed above,
we direct that NERC assess the
implementation of the definition
through event-based informational data
submittals filed with the Commission,
discussed in more detail in section 8.
Based on the results of NERC’s
informational data submittals to the
Commission, the Commission will
determine whether future modification
to the Extreme Cold Weather
Temperature definition is warranted.
5. The Absence of a Deadline by Which
Generator Owners Must Implement the
New or Modified Freeze Protection
Measures Required by Their Corrective
Action Plans
a. NERC Petition

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75. Requirement R7 of EOP–012–1
mandates that a generator owner
implement each corrective action plan
developed pursuant to Requirements
R2, R4, or R6, or ‘‘explain in a
declaration why corrective actions are
not being implemented due to any
technical, commercial, or operational
constraint as defined by the Generator
Owner.’’ 125 Requirement R7 also
requires that the generator owner update
each corrective action plan if the actions
or timetables change, until the
corrective action plan implementation is
completed. But Reliability Standard
EOP–012–1 does not include a deadline
123 Reliability Standard EOP–012–1 already
mandates a five-year Extreme Cold Weather
Temperature re-calculation and updates to
corrective actions where warranted.
124 The proposed Standard requires updates
regardless of the Extreme Cold Weather
Temperature methodology used.
125 NERC Petition at 43.

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for the implementation completion of
such plans.
b. Comments
76. Some commenters express
concern with Requirement R7 and the
implementation timeline for generator
owner-developed corrective action
plans.126 Specifically, the ISO/RTO
Council requests modification because
Requirement R7 does not explain when
the implementation of the developed
corrective action plans should occur.127
The ISO/RTO Council also argues that it
is unclear to which entity or entities the
generator owner is supposed to provide
its corrective action plan.128 TCPA
asserts that it is unclear from EOP–012–
1 when the corrective actions outlined
in the developed corrective action plans
should be completed.129
c. Commission Determination
77. The NERC Glossary defines a
‘‘corrective action plan’’ as used in
EOP–012–1 as a ‘‘list of actions and an
associated timetable for implementation
to remedy a specific problem.’’ 130 As
such, the ‘‘corrective action plan[s]’’ in
EOP–012–1 are required to contain a
timetable for implementation
completion and entities are required to
implement actions consistent with the
timelines defined in the corrective
action plan under Requirement R7.
While entities are required to adhere to
the timelines as defined in their
corrective action plans, some Reliability
Standards establish a maximum time for
completion while others do not. For
example, the Commission directed
NERC to add specific timelines for the
completion of corrective action plans to
mitigate geomagnetic disturbances in
Reliability Standard TPL–007–1
(Transmission System Planned
Performance for Geomagnetic
Disturbance Events).131 In contrast, the
Commission has approved other
Reliability Standards requiring a
corrective action plan that do not
require a specific deadline for the
126 See,

e.g., ISO/RTO Council Comments at 10–
11; TCPA Comments at 4, 6.
127 ISO/RTO Council Comments at 11.
128 Id. at 10.
129 TCPA Comments at 6.
130 NERC Petition at 1013.
131 Reliability Standard for Transmission Sys.
Planned Performance for Geomagnetic Disturbance
Events, Order No. 830, 156 FERC ¶ 61,215, at PP
101–04 (2016), reh’g denied, Order No. 830–A, 158
FERC ¶ 61,041 (2017) (directing NERC to modify
TPL–007–1 to include a two-year deadline after the
development of a CAP to complete the
implementation of non-hardware mitigation and a
four-year deadline to complete hardware
mitigation).

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completion of the corrective action
plan.132
78. In this instance, despite the lack
of a deadline for completion, we find it
appropriate to approve the Standard
while also directing modification. We
are persuaded that modifying the
Standard to include a maximum time
for implementation completion is
reasonable for several reasons. First,
having a requirement to implement a
corrective action plan by a date certain
will provide a significant level of risk
reduction compared to the status quo.
Second, the requirement to implement a
corrective action plan and to identify
any temporary operating limitations or
effects to the cold weather preparedness
plan that would apply to entities until
the execution of the corrective actions
by a date certain is an improvement to
the Reliability Standards.133 Finally, we
do not find persuasive NERC’s
explanation that competition for expert
resources and supply chain challenges
may make setting a specific, uniform
corrective action plan timeline for all
generating units difficult. The
November 2021 Report recommends
that NERC’s standard drafting team
establish a maximum date that
corrective action plans must be
completed.134 Otherwise, without a
maximum time for implementation, we
are concerned that the time it takes to
complete the corrective action plans
could allow identified issues to remain
unresolved for a significant period.
79. Accordingly, we direct NERC
pursuant to FPA section 215(d)(5) to
modify Reliability Standard EOP–012–1
to address concerns related to the lack
of an implementation timeframe for
corrective action plans. Specifically, we
direct NERC to include in the Standard
a deadline or maximum period for the
implementation completion of
corrective action plans under the
Standard. We direct NERC to submit the
revised Reliability Standard no later
than 12 months after the date of
issuance of this order.
6. Cost Recovery Mechanisms
a. NERC Petition
80. Reliability Standard EOP–012–1
does not address cost recovery
mechanisms. However, NERC’s petition
132 See, e.g., PRC–004–6 (Protection System
Misoperation Identification and Correction),
Requirement R5 (requiring each transmission
owner, generator owner, and distribution owner
that owns a protection system component that
caused misoperation to develop a corrective action
plan or explain in declaration why corrective
actions are beyond the entity’s control).
133 Id. Ex. A–2 at 6–7.
134 November 2021 Report at 187 (Key
Recommendation 1d).

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recognizes that generator owners can
recover costs through markets or cost
recovery mechanisms approved by the
state public utility commissions.135

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b. Comments
81. Some commenters assert that
Reliability Standard EOP–012–1 should
address cost recovery.136 TCPA asserts
that the lack of a cost recovery for
competitive generators is a commercial
constraint to compliance with EOP–
012–1 and requests that the Commission
say so in its order.137 The ISO/RTO
Council asks the Commission to remove
the commercial constraint option from
EOP–012–1 altogether.138 Invenergy
argues that the November 2021 Report
recognized that generators should be
compensated for retrofits and that,
while the NERC Reliability Standards
process may not be the appropriate
forum to address cost recovery, it is now
incumbent on the Commission to
address cost recovery for generators
required to comply with EOP–012–1.139
NEPGA contends that a market change
or other cost recovery mechanism must
be in place by the effective date of
Reliability Standard EOP–012–1 and
asks the Commission to recognize the
FPA’s cost recovery allowances.140
EPSA/PJM Group ask that the
Commission begin a proceeding under
section 206 to address cost recovery for
compliance with Reliability
Standards.141
82. NERC and APPA/TAPS assert that
cost recovery is outside the scope of
what Reliability Standards can
address.142 Specifically, APPA/TAPS
contend that the Commission should
not act in this proceeding to provide
competitive generators with a
mechanism to recover cold weather
Standard compliance costs because the
FPA does not mandate special cost
recovery mechanisms for competitive
generators’ section 215 compliance
costs.143 APPA/TAPS state that
adopting a separate cost recovery
mechanism for competitive generators’
reliability compliance costs would be
inconsistent with the Commission’s
135 NERC Petition at 44 (citing to November 2021
Report at 191–92).
136 See, e.g., EPSA/PJM Group Comments at 10–
13.
137 TCPA Comments at 2.
138 ISO/RTO Council Comments at 10.
139 Invenergy Comments at 11–13.
140 NEPGA Comments at 2, 4–6.
141 EPSA/PJM Group Comments at 11, 13
(proffering that the Commission could issue a show
cause order pursuant to FPA section 206 to ensure
that each ISO and RTO have cost recovery
mechanisms in place).
142 NERC Reply Comments at 10; APPA/TAPS
Answer at 2–9.
143 APPA/TAPS Answer at 2–8.

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market-based framework and could risk
undercutting competitive markets.144
c. Commission Determination
83. We find that the question of
whether existing market mechanisms
provide an opportunity to recover the
prudently incurred costs of compliance
with the proposed Standard and the
request to initiate a proceeding under
FPA 206 are outside the scope of the
instant proceeding.
7. Other Technical Matters
a. Comments
84. Commenters raise other technical
concerns touching on a variety of
elements of the Standard. For example,
the ISO/RTO Council argues that
NERC’s implementation plan may
‘‘discourage earlier compliance’’ and
that the Commission should enact a
shorter implementation plan along with
an exception process for generator
owners that may ‘‘legitimately need
more time.’’ 145 The ISO/RTO Council
recommends revising the ‘‘Generator
Cold Weather Reliability Event’’
definition to account for generating
units rated at or below 200 MW.146 The
ISO/RTO Council also expresses
concern that corrective action plans
under the Standard only apply when the
unit is unable to operate at or above the
Extreme Cold Weather Temperature.147
Additionally, the ISO/RTO Council
questions how EOP–012–1 interacts
with tariff requirements.148
85. EPSA/PJM Group requests that
Requirements R1 and R2 be removed
from EOP–012–1 and be replaced with
a requirement that balancing authorities
instead ensure weather-resilient
generation.149 For Reliability Standard
EOP–012–1 Requirement R1, TAPS
requests that compliance with the
phrase ‘‘provide the capability to
operate’’ be based on sound engineering
judgment, meaning subsequent failures
during cold weather not automatically
lead to a violation since cold weather
events cannot be simulated ahead of
time.150
86. TCPA requests clarification of
when the five-year clock in Requirement
R4 begins and explanation how
Requirement R7 requirement for
corrective action plans could be
effective 18 months after government
approval when the standards for which
the corrective action plans would

address (i.e., Requirements R2 and R4)
are not effective until 60 and 78 months
after government approval.151 TCPA
suggests that generator owners only be
required to provide annual compliance
progress reports.152 TCPA also raises
issue with EOP–012–1’s violation
severity level’s lack of differentiation
between single and multiple
facilities.153 Invenergy suggests revising
NERC’s ‘‘Generator Cold Weather
Reliability Event’’ definition to align
better with the bulk electric system
definition to ensure that corrective
action plans are only required when an
actual Cold Weather Reliability Event
occurs.154 Invenergy and TCPA
recommend eliminating the term
‘‘continuous’’ from EOP–012–1
Requirement R1 to reflect variable
generation and that solar and wind
plants are unable to operate
continuously.155
87. NERC asserts that it is presently in
phase two of its standard development
process and that its standard drafting
team is presently considering many of
the issues raised in connection with this
proceeding.156 NERC encourages
commenters in this proceeding to
continue participating in NERC’s
standard development process so that
their issues and concerns can be
addressed.
b. Commission Determination
88. We share concerns with
commenters regarding the
implementation period of Reliability
Standard EOP–012–1, although we
acknowledge NERC’s assertion that the
time is necessary for generator owners
to calculate the Extreme Cold Weather
Temperature for each generating unit, to
identify Generator Cold Weather Critical
Components, and to perform the
necessary engineering studies and
analyses to identify and implement
freeze protection measures that would
provide for the required performance
capability or to explain why such
measures are precluded by technical,
commercial, or operational constraints.
To address these concerns, we direct
NERC to revise EOP–012 to require a
shorter implementation period and
staggered implementation for unit(s) in
a generator owner’s fleet.157 Such an
approach will reduce reliability risks
more quickly. Although we are giving
151 TCPA

Comments at 6.

152 Id.
144 Id.

153 Id.

145 ISO/RTO

at 8–9.
Council Comments at 15–16.
146 Id. at 16–17.
147 Id. at 11–12.
148 Id. at 13–15.
149 EPSA/PJM Comments at 2.
150 TAPS Comments at 5–6.

154 Invenergy

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at 7.

Comments at 2, 5–6.
at 2, 9–10; TCPA Comments at 5.
156 NERC Reply Comments at 13.
157 See, e.g., 146 FERC ¶ 61,213 at PP 1–2
(approving Reliability Standard MOD–025–2 and its
associated staggered implementation plan).
155 Id.

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NERC the discretion to determine what
the effective date should be shortened
to, we also emphasize that industry has
been aware of and alerted to the need to
prepare their generating units for cold
weather since at least 2011. NERC
should consider the amount of time that
industry has already had to implement
freeze protection measures when
determining the appropriate shorter
implementation period. We direct NERC
to submit the revised implementation to
Reliability Standard EOP–012–1 no later
than 12 months after the date of
issuance of this order.
89. For comments related to the
‘‘continuous’’ operation requirements of
EOP–012–1, the Reliability Standard is
clear that it requires generating units to
be ‘‘capable’’ of operating continuously
for 12 hours, and not that the units must
actually operate when they would
otherwise not be expected to operate.
NERC states in its petition that the 12hour requirement is a minimum.158
However, we find the phrase
‘‘continuous operation’’ to be confusing
and subject to conflicting
interpretations. We also note that it
creates confusion as to whether certain
generating units can ever be capable of
compliance. As Invenergy states, ‘‘solar
generators are not capable of operating
in a 12-hour period that extends beyond
daylight hours, and, typically when
there are freezing temperatures, the sun
does not even shine for 12 hours.’’ 159
And while Invenergy states that the
‘‘Standard Drafting Team indicated that
the freeze protection measures must
provide the level of protection that
would allow for 12 continuous hours if
the sun were to shine or the wind were
to blow for the period,’’ 160 the
Reliability Standard Requirements in
EOP–012–1 do not specify that.161 Thus,
we direct NERC to modify the Standard
to clarify Reliability Standard EOP–012–
1 Requirement R1 to ensure that
generators that are technically incapable
of operating for 12 continuous hours
(e.g., solar facilities during winter
months with less than 12 hours of
158 Reliability Standard EOP–012–1 does not
restrict longer duration commitments of generating
units, whether based on tariff commitments,
emergencies, or other conditions. See NERC
Petition Ex. C–2 at 5 (explaining that the intent of
Requirement R1 is to implement freeze protection
measures such that facilities are capable of
continuous operation for not less than 12 hours)
(emphasis added).
159 Invenergy Comments at 9.
160 Id.
161 Order No. 693, 118 FERC ¶ 61,218 at P 253
(‘‘The most critical element of a Reliability
Standard is the Requirements. As NERC explains,
‘the Requirements within a standard define what an
entity must do to be compliant . . . [and] binds an
entity to certain obligations of performance under
section 215 of the FPA.’ ’’).

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sunlight) are not excluded from
complying with the Standard. We direct
NERC to submit the revised Reliability
Standard no later than 12 months after
the date of issuance of this order.
90. We also find that the one-hour
continuous operations requirement in
Reliability Standard EOP–012–1
Requirement R2 is too short of a period
to adequately meet the purpose of the
Standard to ensure generating units
‘‘mitigate the reliability impacts of
extreme cold weather.’’ 162 Thus, we
direct NERC to modify the one-hour
continuous operations requirement of
Reliability Standard EOP–012–1
Requirement R2 to better align with the
stated purpose of the Reliability
Standard EOP–012–1. We direct NERC
to submit the revised Reliability
Standard no later than 12 months after
the date of issuance of this order.
91. We find that it is premature to
address TCPA’s recommendation that
generator owners only submit annual
progress reports on compliance.163
Nothing in proposed Reliability
Standard EOP–012–1 mandates the
submission of compliance reports and
we are already directing NERC to
address periodic data submittals in this
order.
92. Finally, for suggested revisions to
NERC’s ‘‘Generator Cold Weather
Reliability Event’’ definition to align
better with the bulk electric system
definition, and requests that
Requirements R1 and R2 be removed
from EOP–012–1 and be replaced with
a requirement that balancing authorities
instead ensure weather-resilient
generation,164 we decline to direct such
modifications at this time.
8. Annual and Event-Based Data
Submittals
93. NERC states that it plans to
address data submittal requirements in
phase two of its standard development
process.165 We find that such data
submittals are essential to assess the
performance of the Standards towards
assuring the reliability of the BulkPower System. Specifically, we find that
additional data and analysis is
necessary to address the uncertainty
created by the proposed technical,
commercial, or operational constraint
provisions, as discussed above in
section 3. This data and analysis are
essential to assess how the generating
units’ freeze protection measures
162 NERC Petition at 29 (noting that freeze
protection measures of the Standard would advance
the reliability of the Bulk-Power System by helping
to improve generator reliability in cold weather).
163 TCPA Comments at 5.
164 EPSA/PJM Comments at 2.
165 NERC Petition at 54–55.

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15007

(implemented to provide capability to
operate at the Extreme Cold Weather
Temperature) perform in future extreme
cold weather events, as discussed above
in section 4.
94. Accordingly, we direct that NERC,
pursuant to section 39.2(d) of the
Commission’s regulations, work with
Commission staff to develop and submit
a plan within 12 months of the issuance
of this order explaining how it will
gather data and submit an analysis that
will allow the Commission to
understand the efficacy of, and monitor
the ongoing risk posed by: (1) proposed
technical, commercial, or operational
constraint provisions in EOP–012–1,
Requirements R1, R6, and R7; and (2)
actual performance of freeze protection
measures during future extreme cold
weather events.
95. Regarding the proposed technical,
commercial, or operational constraint
provisions in EOP–012–1, Requirements
R1, R6, and R7, NERC should work with
Commission staff on the details of
timing and what to include in its plan,
which, at a minimum, should include
collection of the following data: (1) the
generating units that have declared
constraints under EOP–012–1 and the
megawatts of generation that they
represent, organized by fuel type; (2) the
megawatts of generation for which
declarations have been made for each
type of constraint (technical,
commercial, or operational), organized
by fuel type; (3) the rationale(s) for each
declaration; (4) the megawatts of
generation within the generation owner/
operator’s fleet currently capable of
operating at each unit’s Extreme Cold
Weather Temperature; (5) the projected
megawatts for which the generator
owner/operator expects to complete
corrective action plans for each year; (6)
the projected megawatts for which the
generator owner/operator expects to
implement corrective action plans for
each year; and (7) the megawatts of
generating units identified as ‘‘similar
equipment’’ 166 to which the generator
owner has determined that the cause(s)
for the Generator Cold Weather
Reliability Event are also applicable,
under R6.2, while also identifying any
similar equipment that will receive a
declaration. To provide the Commission
with an ongoing assessment of the risk
to the Bulk-Power System, NERC’s plan
should include an annual informational
filing to the Commission beginning 12
months after the mandatory and
enforceable date of the Standard. The
informational filing should include data
on the seven foregoing categories
aggregated at an appropriate level (e.g.,
166 For

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Regional Entity, balancing authority,
etc.), and an analysis of the efficacy of
the requirements of the Standard based
on the data. Depending on the results of
NERC’s data collection and analysis, the
Commission will determine whether
further modifications are needed to the
Standard.
96. NERC’s plan should also include
how it will analyze the performance of
generating units’ freeze protection
measures (implemented to provide
capability to operate at the Extreme
Cold Weather Temperature) in future
extreme cold weather events. Depending
on the results of NERC’s data collection
and analysis, the Commission will
determine whether further
modifications are needed to the
definitions or the Standard.
IV. Information Collection Statement
97. The information collection
requirements contained in this Final
Rule are subject to review by the Office
of Management and Budget (OMB)
under section 3507(d) of the Paperwork
Reduction Act of 1995.167 OMB’s
regulations require approval of certain
information collection requirements
imposed by agency rules.168 Upon
approval of a collection of information,
OMB will assign an OMB control
number and expiration date. Comments
on the collection of information are due
within 60 days of the date this order is
published in the Federal Register.
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. The
Commission solicits comments on the
Commission’s need for this information,
whether the information will have
practical utility, the accuracy of the
burden estimates, ways to enhance the
quality, utility, and clarity of the
information to be collected or retained,
and any suggested methods for
167 44

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168 5

U.S.C. 3507(d).
CFR 1320 (2021).

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minimizing respondents’ burden,
including the use of automated
information techniques.
98. The EOP Standards are currently
located in the FERC–725S (OMB Control
No. 1902–0270) collection. The
collection is currently approved by
OMB and contains Reliability Standards
EOP–010–1, EOP–011–1, EOP–004–4,
EOP 005–3, EOP–006–3, EOP–008–2
(Table 1). In Docket No. RD23–1–000,
the Commission proposes to replace the
current OMB approved Reliability
Standard EOP–011–1 169 with Reliability
Standard EOP–011–3 (Table 2) and add
a new information collection line item
for Reliability Standard EOP–012–1
(Table 3).
99. The number of respondents below
is based on an estimate of the NERC
compliance registry for balancing
authorities, transmission operators,
generator operators, generator owners,
and reliability coordinators. Reliability
Standards EOP–011–3 and EOP–012–1
apply to balancing authorities,
transmission operators, generator
operators, and reliability coordinators.
The Commission based its paperwork
burden estimates on the NERC
compliance registry as of November 4,
2022. According to the registry, there
are 98 balancing authorities, 168
transmission operators, 981 generator
operators, 1,107 generator owners, and
12 reliability coordinators. The
estimates in the tables below are based
on the change in burden from the
current EOP Reliability Standards to the
Reliability Standards approved in this
order. The Commission based the
burden estimates in the tables below on
169 The currently OMB approved FERC–725S
includes the burden related to Reliability Standard
EOP–011–1. Reliability Standard EOP–011–1 was
superseded by Reliability Standard EOP–011–2,
which was approved by the Commission in Docket
No. RD21–5–000 (issued August 24, 2021).
Reliability Standard EOP–011–3, as noted in Docket
No. RD23–1–000, will supersede Reliability
Standard EOP–011–2; thus, the burdens resulting
from Reliability Standard EOP–011–3 will be
reflected in the FERC–725S information collection.

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staff experience, knowledge, and
expertise.
100. The estimates in the tables below
are based, in combination, on one-time
(years 1 and 2) and ongoing execution
(year 3) obligations to follow the revised
EOP Reliability Standards.
101. The Reliability Standard EOP–
011–3 modifications transfer
Requirements R7 and R8 to Reliability
Standard EOP–012–1, as described
below. For Reliability Standard EOP–
011–3, transmission operators and to a
much lesser extent, balancing
authorities, still have a one-time cost to
modify existing operating plans based
on revisions to Reliability Standard
EOP–011–3 (Requirements R1 and R2)
and to mitigate operating emergencies
related to cold weather conditions.
Additionally, reliability coordinators
will need to review the modified
operating plans of the transmission
operators. In year three and ongoing, the
transmission operator and reliability
coordinator estimates are lower to
reflect lower paperwork burden for
upkeep and review of the operating
plans for emergencies based on the
modified Reliability Standard EOP–
011–3 to ensure that the new
requirements are in place and that
applicable entities are following those
plans.
102. The new Reliability Standard
EOP–012–1, which is applicable to
1,107 generator owners and 981
generator operators, contains several
new requirements and two requirements
from Reliability Standard EOP–011–2
that have been moved to Reliability
Standard EOP–012–1. In year three and
ongoing, the estimates are lower to
reflect that the implementation plan(s)
to mitigate the reliability effects of
extreme cold weather conditions on
generating units are in place and that
entities are familiar with the EOP–012–
1 requirements.
103. Burden Estimates: The
Commission estimates the changes in
the annual public reporting burden and
cost as indicated in the tables below:

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TABLE 1—CURRENT COSTS AND BURDEN RELATED TO FERC–725S (1902–0270)
Reliability standard and
associated requirement

Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden & cost
per response

Total annual burden &
total annual cost

Cost per
respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1)

EOP–010–1 ..............................
EOP–011–1 ..............................
EOP–004–4, EOP–005–3,
EOP–006–3, EOP–008–2.

181
12
280

1
1
1

181
12
280

20 hrs.; $1,660 ...................
1,500 hrs.; $124,500 ..........
250.58 170 hrs.; $20,798 .....

3,620 hrs.; $300,460 ..........
18,000 hrs.; $1,494,000 .....
70,162.4 hrs.; $5,234,440 ..

$1,660
124,500
20,798

Total EOP ..........................

473

........................

..............................

.............................................

91,782 hrs.; $7,028,900 .....

........................

TABLE 2—PROPOSED CHANGES DUE TO FINAL RULE IN DOCKET NO. RD23–1–000
Reliability standard & requirement

Type171 and
number of
entity

Number
of annual
responses per
entity

Total number
of responses

Average
number of
burden hours
per response 172

Total burden hours

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

FERC–725S—Proposed estimates due to RD23–1 for EOP–011–3
One Time Estimate—Years 1 and 2 EOP–011–3
EOP–011–3 ..............................................................
EOP–011–3 173 .........................................................
EOP–011–3 174 .........................................................

168 (TOP) .........
98 (BA) ..............
12 (RC) ..............

1
1
1

168 .......................
98 .........................
12 .........................

60 hrs. $3,893.40
6 hrs. $389.34 ......
28 hrs. $1,816.92

10,080 hrs. $654,091.2.
588 hrs. $38,155.32.
336 hrs. $21,803.04.

Sub-total of EOP–011–3 (One time) .................

...........................

........................

278 .......................

...............................

11,004 hrs. $714,049.56.

Ongoing Estimate—Year 3 ongoing EOP–011–3
EOP–011–3 175

.........................................................
EOP–011–3 176 .........................................................
EOP–011–3 177 .........................................................

168 (TOP) .........
98 (BA) ..............
12 (RC) ..............

1
1
1

168 .......................
98 .........................
12 .........................

10 hrs. $648.90 ....
10 hrs. $648.90 ....
14 hrs. $908.46 ....

1,680 hrs. $109,015.20.
980 hrs. $63,592.20.
168 hrs. $10,901.52.

Sub-Total of EOP–011–3 (ongoing) .................

...........................

........................

278 .......................

...............................

2,828 $183,508.92.

Sub-Total of ongoing burden averaged over
three years.

...........................

........................

92.67 (rounded) ....

...............................

942.67 hrs. (rounded)
$61,169.64.

Proposed Total Burden Estimate of EOP–011–
3.

...........................

........................

370.67 ..................

...............................

11,946.67 hrs.
$775,219.42 (rounded).

TABLE 3—PROPOSED CHANGES DUE TO FINAL RULE IN DOCKET NO. RD23–1–000 FOR EOP–012–1
Reliability standard & requirement

Type and
number of
entity

Number
of annual
responses per
entity

Total number
of responses

Average
number of
burden hours per
response 178

Total burden hours

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

FERC—725S
One Time Estimate—Years 1 and 2 EOP–012–1
EOP–012–1 179 .................................................
EOP–012–1 ......................................................

1,107 (GO) ........
981 (GOP) .........

1
1

1,107
981

150 hrs. $9,733.50 .......
10 hrs. $648.90 ............

166,050 hrs. $10,774,984.50.
9,810 hrs. $636,570.90.

Sub-Total for EOP–012–1 (one-time) .......

...........................

........................

2,088

160 hrs. $10,382.40 .....

175,860 hrs. $11,411,555.40.

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Ongoing Estimate—Year 3 ongoing EOP–012–1
EOP–012–1 ......................................................
EOP–012–1 ......................................................

1,107 (GO) ........
981 (GOP) .........

1
1

1,107
981

40 hrs. $2,595.60 .........
10 hrs. $648.90 ............

40,680 hrs. $2,639,725.20.
9,810 hrs. $636,570.90.

Sub-Total for EOP–012–1 (ongoing) .........

...........................

........................

2,088

50 hrs. $3,244.50 .........

50,490 hrs. $3,276,296.10.

Sub-Total of ongoing burden averaged
over three years.

...........................

........................

696

.......................................

16,830 hrs. $1,092,098.70.

Proposed Total Burden Estimate of EOP–
012–1.

...........................

........................

2,784

.......................................

192,690 hrs. $12,503,654.10.

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TABLE 3—PROPOSED CHANGES DUE TO FINAL RULE IN DOCKET NO. RD23–1–000 FOR EOP–012–1—Continued
Reliability standard & requirement

Type and
number of
entity

Number
of annual
responses per
entity

Total number
of responses

Average
number of
burden hours per
response 178

Total burden hours

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

Changes to FERC 725S by RD23–1–000
FERC–725S modification

Current
inventory
(hours)

Current
inventory
(responses)

Removal of EOP–011–1 ...................................
Updates to EOP–011–3 ....................................
Addition of EOP–012–1 ....................................

18,000 ...............
...........................
...........................

12
........................
........................

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Titles: FERC–725S, Mandatory
Reliability Standards for the Bulk-Power
System; EOP Reliability Standards.
Action: Modifications to Existing
Collections of Information in FERC–
725S.
OMB Control Nos: 1902–0270 (FERC–
725S).
Respondents: Business or other for
profit, and not for profit institutions.
Frequency of Responses: On occasion
(and proposed for deletion).
Necessity of the Information:
Reliability Standards EOP–011–3
170 Burden hours per response may also include
any methods for improvement not limited to
trainings, drills, simulations, testing, etc.
171 TOP=Transmission Operator, BA=Balancing
Authority, GO=Generator Owner, GOP=Generator
Operator and RC=Reliability Coordinator.
172 The estimated hourly cost (salary plus
benefits) is a combination based on the Bureau of
Labor Statistics (BLS), as of 2022, for 75% of the
average of an Electrical Engineer (17–
2071)¥$77.02, mechanical engineers (17–
2141)¥$67.79. $77.02 + $67.79/2 = 72.405 × .75 =
54.303 ($54.30-rounded) ($54.30/hour) and 25% of
an Information and Record Clerk (43–4199) $42.35
× .25% = 10.5875 ($10.59 rounded) ($10.59/hour),
for a total ($54.30 + $10.59 = $64.89/hour).
173 Reduce the estimate for balancing authorities
from EOP–011–2 down from previous 60 hours to
6 hours for EOP–011–3.
174 Reduce the estimate for reliability
coordinators from EOP–011–2 down from previous
40 hours to 28 hours for EOP–011–3.
175 Reduce the estimate for transmission operators
from EOP–011–2 down from previous 50 hours to
10 hours for EOP–011–3.
176 Reduce the estimate for balancing authorities
from EOP–011–2 down from previous 50 hours to
10 hours for EOP–011–3.
177 Reduce the estimate for reliability
coordinators from EOP–011–2 down from previous
20 hours to 14 hours for EOP–011–3.
178 The estimated hourly cost (salary plus
benefits) is a combination based on the Bureau of
Labor Statistics (BLS), as of 2022, for 75% of the
average of an Electrical Engineer (17–
2071)¥$77.02, mechanical engineers (17–
2141)¥$67.79. $77.02 + $67.79/2 = 72.405 × .75 =
54.303 ($54.30-rounded) ($54.30/hour) and 25%
percent of an Information and Record Clerk (43–
4199) $42.35 × .25% = 10.5875 ($10.59 rounded)
($10.59/hour), for a total ($54.30 + $10.59 = $64.89/
hour).
179 The estimates for the generator owner and
generator operator are being moved from the current
EOP–011–2 to the new EOP–012–1.

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Total change due to RD23–1–000

¥18,000 hrs.; ¥12 responses.
+11,946.67 hrs.; +370.67 responses.
+192,690 hrs.; +2,784 responses.

(Emergency Operations), and EOP–012–
1 (Extreme Cold Weather Preparedness
and Operations) are part of the
implementation of the Congressional
mandate of the Energy Policy Act of
2005 to develop mandatory and
enforceable Reliability Standards to
better ensure the reliability of the
nation’s Bulk-Power system.
Specifically, the revised and new
Reliability Standards ensure that
generating resources are prepared for
local cold weather events and that
entities will effectively communicate
the information needed for operating the
Bulk-Power System.
Internal review: The Commission has
reviewed NERC’s proposal and
determined that its action is necessary
to implement section 215 of the FPA.
104. 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
[Attention: Ellen Brown, email:
[email protected], phone: (202)
502–8663, fax: (202) 273–0873].
105. Comments concerning the
information collections and
requirements approved for retirement in
this Final Rule and the associated
burden estimates, should be sent to the
Commission in this docket and may also
be sent 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 protected].
V. Document Availability
106. 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://

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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.
107. 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.
108. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at [email protected],
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
[email protected].
The Commission orders:
(A) Reliability Standards EOP–011–3
and EOP–012–1, the associated
violation risk factors and violation
severity levels, and the newly defined
terms Generator Cold Weather Critical
Component, Extreme Cold Weather
Temperature, and Generator Cold
Weather Reliability Event, are hereby
approved, as discussed in the body of
this order.
(B) NERC is hereby directed to
develop and submit, within 12 months
of the date of issuance of this order,
modifications to Reliability Standard
EOP–012–1 as discussed in the body of
this order.
(C) NERC is hereby directed to work
with Commission staff to submit a plan
no later than 12 months after the date
of issuance of this order on how it will
collect and assess data prior to and on
the implementation of the following
elements of Reliability Standard EOP–
012–1: (1) generator owner declared
constraints and explanations thereof;
and (2) the adequacy of the Extreme

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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices
Cold Weather Temperature definition,
as discussed in the body of this order.
(D) NERC is hereby directed to assess
annual and event-based data submittals
to address the following elements of
Reliability Standard EOP–012–1: (1)
generator owner declared constraints
and explanations thereof; and (2) the
adequacy of the Extreme Cold Weather
Temperature definition, and to submit
periodic reports to the Commission
providing the results of the assessments,
as discussed in the body of this order.
By the Commission.
Issued: February 16, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–04875 Filed 3–8–23; 11:15 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 2513–091]

Green Mountain Power Corporation;
Notice of Application Tendered for
Filing With the Commission and
Establishing Procedural Schedule for
Licensing and Deadline for
Submission of Final Amendments
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: New Major
License.
b. Project No.: 2513–091.
c. Date Filed: February 28, 2023.
d. Applicant: Green Mountain Power
Corporation (GMP).
e. Name of Project: Essex No. 19
Hydroelectric Project.
f. Location: On the Winooski River in
Chittenden County, Vermont. The
project does not affect Federal lands.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791(a)–825(r).
h. Applicant Contact: Mr. John
Tedesco, Green Mountain Power
Corporation, 163 Acorn Lane,
Colchester, Vermont 05446; phone:
(802) 655–8753 or email at

John.Tedesco@
greenmountainpower.com.
i. FERC Contact: Michael Tust at (202)
502–6522 or email at michael.tust@
ferc.gov.
j. This application is not ready for
environmental analysis at this time.
k. Project Description: The existing
project consists of: (1) a 494-foot-long
concrete gravity dam consisting of a 61foot-high non-overflow concrete
abutment section and three overflow
spillway sections 46-foot-high and each
topped by a 5-foot-high inflatable rubber
dam; (2) a 268-acre impoundment; (3) a
78-foot-wide, 36-foot-high concrete
intake structure with two concrete wing
walls, a steel trashrack with one-inch
bar spacing, and an embedded
downstream fishway; (4) two 3-footdiameter steel penstocks and four 9foot-diameter steel penstocks each
running parallel to each other and
extending underground from the dam to
the powerhouse with lengths ranging
from 382.9 to 389.3 feet; (5) a 154.6-footlong, 93.5-foot-wide, and 55.7-foot-high,
reinforced-concrete and brick
powerhouse located 400 feet
downstream of the intake housing four
horizontal Francis-type turbines with an
installed capacity of 2,223 kilowatts
(kW) each and four horizontal shaft
generators rated at 1,800 kilowatts each
as well as a double horizontal Francistype turbine (i.e., minimum flow unit)
with an installed capacity of 874 kW
connected to a generator rated at 850
kW; (6) a 300-foot-long, 34.5-kilovolt
overhead transmission line; and (7)
appurtenant facilities. Green Mountain
Power Corporation also owns and
maintains the following recreation
facilities: Overlook Park, an access site
to the impoundment, an access site to
the powerhouse tailrace area, and a
canoe portage.
The downstream fish passage facility
consists of two entrance gates each 3feet-wide and 7.5-feet long located at the
west end of the spillway. One entrance
is located near the north end of the
intake trashracks and the other is
located closer to the center of the intake
trashracks. The two entrances feed into
a collection chamber behind the
trashracks. The two collection chambers

are connected via a 54-inch-diameter,
67-foot-long steel pipe which transports
fish to an open channel sluice down the
adjacent spillway and into a plunge
pool. The plunge pool water level is
controlled by a concrete weir with a
bell-mouthed vertical slot with a 1-footwide opening which discharges flow
into the bypassed reach.
GMP currently operates the project in
a modified daily peaking mode while
raising and lowering the impoundment
level a maximum of 3 feet but now
proposes to operate the project in runof-river mode year-round while
maintaining the impoundment at an
elevation of 274.7 feet (under normal
flow conditions). GMP would continue
to provide minimum flows of 100 cubic
feet per second (cfs) or inflow, if less,
through the fish passage facility into the
bypassed reach from April 15 through
June 30 and from September 15 through
December 15 and 50 cfs or inflow, if
less, into the bypassed reach the
remainder the year. The project has an
average annual generation of 35,498
megawatt-hours.
l. Location of the Application: In
addition to publishing the full text of
this notice in the Federal Register, the
Commission provides all interested
persons an opportunity to view and/or
print the contents of this notice, as well
as other documents in the proceeding
(e.g., license application) via the
internet through the Commission’s
Home Page (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 (P–2513). For assistance,
contact FERC at FERCOnlineSupport@
ferc.gov or call toll-free, (866) 208–3676
or (202) 502–8659 (TTY).
m. You may also register online at
https://ferconline.ferc.gov/FERCOnline.
aspx to be notified via email of new
filings and issuances related to this or
other pending projects. For assistance,
contact FERC Online Support.
n. Procedural Schedule: The
application will be processed according
to the following preliminary Hydro
Licensing Schedule. Revisions to the
schedule may be made as appropriate.

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Milestone

Target date

Issue Deficiency Letter (if necessary) .................................................................................................................................
Issue Additional Information Request (if necessary) ..........................................................................................................
Notice of Acceptance/Notice of Ready for Environmental Analysis ...................................................................................
Filing of recommendations, preliminary terms and conditions, and fishway prescriptions ................................................

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March 2023.
April 2023.
August 2023.
October 2023.