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and covered by two inclined trashracks,
each 20 feet wide and 40 feet high, with
a clear bar spacing of 3 inches; (5) a 160foot-long, 46-foot-wide, 64-foot high
powerhouse containing a single Kaplan
turbine with a rated capacity of 9.66
megawatts; (6) a 100-kilovolt, 2.8-milelong transmission line; and (6)
appurtenant facilities.
Montana DNRC operates the project in
a run-of-river mode (minus flows
diverted for non-project irrigation
purposes at the dam) and generates an
estimated average of 40,669 megawatthours per year.
Montana DNRC proposes the
following modifications to existing
project facilities: (1) remove the jetty
that separates the hydropower intake
and the non-project irrigation canal
intake; (2) install a new angled screen
with 6-inch spacing between the bars
and install two parallel 100-foot-long,
10-foot-wide by 10-foot-high box
culverts within the irrigation intake
canal and a bulkhead near the current
non-project irrigation headworks, and
include the new angled screen and box
culverts as licensed project facilities; (3)
modernize the project trash rake (i.e.,
replace and recalibrate sensors on the
rake) to minimize debris buildup on the
dam intake and; (4) upgrade the
Supervisory Control and Data
Acquisition (SCADA) monitoring
system (i.e., improving connectivity to
the substation, protective relaying, and
automation upgrades).
Montana DNRC proposes to continue
to operate in an automated run-of-river
mode throughout the year where
outflow from the project approximates
inflow (minus flows diverted for
irrigation) as it does under the current
license but proposes to modify its
procedures for responding to an
unplanned unit trip by maintaining
higher flows downstream and more
slowly returning reservoir levels to
normal elevation to reduce the potential
for fish stranding downstream of the
dam.
m. A copy of the application can be
viewed on the Commission’s website at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, contact FERC
Online Support.
You may also register 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, please
contact FERC Online Support at
[email protected].
n. Scoping Process: Pursuant to the
National Environmental Policy Act

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(NEPA), Commission staff intends to
prepare either an environmental
assessment (EA) or an environmental
impact statement (EIS) (collectively
referred to as the ‘‘NEPA document’’)
that describes and evaluates the
probable effects, including an
assessment of the site-specific and
cumulative effects, if any, of the
proposed action and alternatives. The
Commission’s scoping process will help
determine the required level of analysis
and satisfy the NEPA scoping
requirements, irrespective of whether
the Commission issues an EA or an EIS.
Scoping Meetings
Commission staff will hold two public
scoping meetings to receive input on the
scope of the environmental issues that
should be analyzed in the NEPA
document. The daytime meeting will
focus on the concerns of resource
agencies, non-governmental
organizations (NGOs), and Native
American tribes. The evening meeting
will focus on receiving input from the
public. All interested individuals,
resource agencies, Native American
tribes, and NGOs are invited to attend
one or both of the meetings. The times
and locations of these meetings are as
follows:
Evening Scoping Meeting
Date: Tuesday, December 13, 2022
Time: 6:30 p.m. (MST)
Place: Broadwater County Fairgrounds,
4–H Building
Address: 189 U.S. Highway 12,
Townsend, Montana 59644
Once at the County Fairgrounds, the
4-H Building is the largest building of
three, on-site.
Daytime Scoping Meeting
Date: Wednesday, December 14, 2022
Time: 1:30 p.m. (MST)
Place: Montana DNRC Water Resources
Building, Fred Buck Conference Room
Address: 1424 9th Ave., Helena,
Montana 59620
Copies of the Scoping Document
(SD1) outlining the subject areas to be
addressed in the NEPA document were
distributed to the parties on the
Commission’s mailing list. Copies of the
SD1 will be available at the scoping
meeting or may be viewed on the web
at http://www.ferc.gov using the
‘‘eLibrary’’ link (see item m above).
Environmental Site Review
Montana DNRC and Commission staff
will conduct an environmental site
review of the project beginning at 1:30
p.m. on December 13, 2022. All
interested individuals, agencies, tribes,
and NGOs are invited to attend. All

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participants should meet at the project,
which is located at 511 Toston Dam
Road, Toston, Montana 59643. All
participants are responsible for their
own transportation to the site and
during the site visit. Anyone with
questions about the environmental site
review should contact David Lofftus at
(406) 444–6659 or [email protected].
Those individuals planning to
participate in the site review should
notify Mr. Lofftus of their intent, no
later than December 7, 2022.
Objectives
At the scoping meetings, Commission
staff will: (1) summarize the
environmental issues tentatively
identified for analysis in the NEPA
document; (2) solicit from the meeting
participants all available information,
especially quantifiable data, on the
resources at issue; (3) encourage
statements from experts and the public
on issues that should be analyzed in the
NEPA document, including viewpoints
in opposition to, or in support of, the
staff’s preliminary views; (4) determine
the resource issues to be addressed in
the NEPA document; and (5) identify
those issues that require a detailed
analysis, as well as those issues that do
not require a detailed analysis.
Procedures
The meetings are recorded by a
stenographer and become part of the
formal record of the Commission
proceeding on the project. Individuals,
NGOs, Native American tribes, and
agencies with environmental expertise
and concerns are encouraged to attend
the meetings and to assist the staff in
defining and clarifying the issues to be
addressed in the NEPA document.
Dated: November 15, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–25560 Filed 11–22–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RD22–4–000]

Before Commissioners: Richard Glick,
Chairman; James P. Danly, Allison
Clements, Mark C. Christie, and Willie
L. Phillips; Registration of InverterBased Resources; Registration of
Inverter-Based Resources
1. In order to address concerns
regarding the reliability impacts of

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inverter-based resources (IBR) 1 on the
Bulk-Power System,2 the Commission
directs the North American Electric
Reliability Corporation (NERC) to
submit a work plan within 90 days of
the issuance of this order describing, in
detail, how it plans to identify and
register owners and operators of IBRs
that are connected to the Bulk-Power
System, but are not currently required to
register with NERC under the bulk
electric system (BES) definition 3
(referred to as ‘‘unregistered IBRs’’
throughout this order) that have an
aggregate,4 material impact on the
reliable operation of the Bulk-Power
System. The work plan should explain
how NERC will modify its processes to
address unregistered IBRs (whether by
working with stakeholders to change the
BES definition, a change to its
registration program, or some other
solution) within 12 months of approval
of the work plan. The work plan should
also include implementation milestones
ensuring that owners and operators
meeting the new registration criteria are
identified within 24 months of the
approval date of the work plan, and that
they are registered and required to
comply with applicable Reliability
Standards within 36 months of the
approval date of the work plan. The
work plan will be noticed for public
1 This order uses the term IBRs to include all
generating facilities that connect to the electric
power system using power electronic devices that
change direct current (DC) power produced by a
resource to alternating current (AC) power
compatible with distribution and transmission
systems. This order does not address IBRs
connected to the distribution system.
2 The Bulk-Power System is defined in the
Federal Power Act (FPA) as facilities and control
systems necessary for operating an interconnected
electric energy transmission network (or any
portion thereof), and electric energy from generating
facilities needed to maintain transmission system
reliability. The term does not include facilities used
in the local distribution of electric energy. 16 U.S.C.
824o(a)(1).
3 NERC’s Commission-approved BES definition is
a subset of the Bulk-Power System and defines the
scope of the Reliability Standards and the entities
subject to NERC compliance. Revisions to Elec.
Reliability Org. Definition of Bulk Elec. Sys. & Rules
of Proc., Order No. 773, 78 FR 804 (Jan. 4, 2013),
141 FERC ¶ 61,236 (2012), order on reh’g, Order No.
773–A, 78 FR 29209 (May 17, 2013), 143 FERC
¶ 61,053 (2013) rev’d sub nom. People of the State
of N.Y. v. FERC, 783 F.3d 946 (2d Cir. 2015)
(rejecting New York’s challenge to the presumptive
threshold for local distribution lines at 100 kV,
adopted for implementing Reliability Standards for
the Bulk-Power System); NERC, Glossary of Terms
Used in NERC Reliability Standards, 5–7 (Mar. 29,
2022), https://www.nerc.com/pa/Stand/Glossary
%20of%20Terms/Glossary_of_Terms.pdf (NERC
Glossary).
4 This order focuses on unregistered IBRs that
may have smaller individual capacities but which,
when considered together or in the aggregate, have
a material impact on the reliability of the BulkPower System. Pursuant to its registration program,
NERC may already register resources that have an
individual material impact.

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comment. Once the Commission
approves the proposed work plan, we
direct NERC to file progress updates
every 90 days thereafter detailing
NERC’s progress towards identifying
and registering owners and operators of
unregistered IBRs.
2. The Bulk-Power System generation
resource mix is undergoing a rapid
change, including the projected addition
over the next decade of an
‘‘unprecedented proportion of
nonsynchronous resources,’’ 5 i.e., IBRs.
According to NERC, the rapid
integration of IBRs is ‘‘the most
significant driver of grid
transformation’’ on the Bulk-Power
System.6 However, despite the potential
for IBRs to have a significant aggregate
impact on the Bulk-Power System,
many of the owners and operators of
these individual resources are not
required to register with NERC or
comply with NERC’s mandatory
Reliability Standards.
3. To identify which Bulk-Power
System users, owners, and operators
must register with NERC and comply
with mandatory Reliability Standards,
NERC applies its Commission-approved
definition of BES. This definition
identifies elements 7 and groups of
elements, including generation
elements, that are necessary for the
reliable planning and operation of the
Bulk-Power System. The BES definition
includes a ‘‘bright line’’ for identifying
all transmission elements operated at
100 kV or higher and real and reactive
power resources connected at 100 kV or
higher. After applying the bright line,
the BES definition also lists a series of
exceptions to the bright line that NERC
may apply to either include within the
BES elements that fall below the bright
line (inclusions), or to exclude elements
from the BES that meet the bright line
(exclusions). The BES definition does
not include facilities used in the local
distribution of electric energy. Entities
that use, own, or operate elements of
NERC’s approved definition of BES are
users, owners, and operators of the
5 NERC, 2020 Long Term Reliability Assessment
Report, 9 (Dec. 2020), https://www.nerc.com/pa/
RAPA/ra/Reliability%20Assessments%20DL/
NERC_LTRA_2020.pdf.
6 NERC, Inverter-Based Resource Strategy:
Ensuring Reliability of the Bulk Power System with
Increased Levels of BPS-Connected IBRs, 1 (Sep. 14,
2022), https://www.nerc.com/comm/Documents/
NERC_IBR_Strategy.pdf (NERC IBR Strategy).
7 ‘‘Element’’ is defined in the NERC Glossary as:
‘‘Any electrical device with terminals that may be
connected to other electrical devices such as a
generator, transformer, circuit breaker, bus section,
or transmission line. An element may be comprised
of one or more components.’’ NERC Glossary at 11.

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Bulk-Power System and candidates for
registration.8
4. Unregistered IBRs connecting to the
Bulk-Power System do not meet the
current BES definition, are not
registered with NERC, and are not
required to comply with Reliability
Standards.9 While NERC has the
capability to individually register
unregistered IBRs connected to the
Bulk-Power System through its
materiality test, a non-exclusive series
of factors used to assess whether an
element has a material impact on
reliability,10 NERC’s materiality test is
typically used to assess an individual
entity’s material impact and not the
aggregate impact of a class of facilities.
NERC has not, to date, applied the
materiality test to unregistered IBRs to
determine whether they have an
aggregate material impact on the reliable
operation of the Bulk-Power System.
5. In a series of reports detailing grid
disturbances over the past six years,
NERC has determined that the
operational characteristics of IBRs,
regardless of size, coupled with their
equipment settings, may cause IBRs to
reduce power output, whether by
tripping offline 11 or ceasing operation
without tripping offline (known as
‘‘momentary cessation’’),12 both
individually and in the aggregate, in
response to a single fault on a
transmission or sub-transmission
system.13 For example, in the San
8 NERC Rules of Procedure, App. 5B (Statement
of Compliance Registry) at 4.
9 NERC, Improvements to Interconnection
Requirements for BPS-Connected Inverter-Based
Resources, at 1, (Sept. 2019) (IBR Interconnection
Requirements Guideline) (reporting that the
majority of newly interconnecting IBRs are either
connecting at voltages less than 100 kV or with
capacity less than 75 MVA and therefore do not
meet the size criteria in the BES definition). All
NERC Guidelines referenced in this order are
available on NERC’s website at https://
www.nerc.com/comm/Pages/Reliability-andSecurity-Guidelines.aspx.
10 See NERC Rules of Procedure, App. 5B at 7–
8 (listing a non-exclusive set of factors (materiality
test) for consideration in registration decisions).
11 Tripping offline is a mode of operation during
which part of or the entire IBR disconnects from the
Bulk-Power System and therefore cannot supply
real and reactive power.
12 Momentary cessation is a mode of operation
during which the inverter remains electrically
connected to the Bulk-Power System, but the
inverter does not inject current during low or high
voltage conditions outside the continuous operating
range. As a result, there is no current injection from
the inverter and therefore no active or reactive
current (and no active or reactive power). NERC,
Reliability Guideline BPS-Connected Inverter-Based
Resource Performance, 11 (Sept. 2018) (IBR
Performance Guideline).
13 NERC’s IBR disturbance event reports indicate
that unregistered Bulk-Power System connected
solar and wind IBRs (unregistered IBRs) experience
identical power reduction and power loss issues.

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Fernando Disturbance Report, NERC
found that many of the facilities that
unexpectedly and adversely responded
to the fault events were ‘‘non-BES solar
PV [IBRs] that had a noticeable effect on
[Bulk-Power System] performance in
aggregate.’’ 14 This aggregate impact may
occur when individual IBRs’ controls
and equipment protection settings are
not configured or programmed to ride
through 15 system disturbances.16 These
reports demonstrate that the potential
for IBRs to have a material impact on
the Bulk-Power System is not limited to
larger IBRs that are typically required to
register with NERC or to the IBRs within
an individual balancing authority area.
Additionally, simulations indicate that
aggregate IBRs experiencing momentary
cessation can lead to instability,
uncontrolled separation, and voltage
collapse.17 In areas of high IBR
saturation, simulations indicate that this
type of response may have an impact
much greater than the most severe
single contingency (i.e., the traditional
worst-case N–1 contingency) 18 of a
balancing authority area, potentially
impacting a widespread area.19
All NERC event reports referenced in this order are
available on NERC’s website at https://
www.nerc.com/pa/rrm/ea/Pages/Major-EventReports.aspx.
14 NERC and WECC, San Fernando Disturbance,
23 (Nov. 2020) (San Fernando Disturbance Report).
While various NERC reports refer to ‘‘non-BES’’ to
describe IBRs that fall below the BES definition
threshold, we understand this term to be
synonymous with ‘‘unregistered IBRs.’’
15 See Standardization of Generator
Interconnection Agreements and Procedures, Order
No. 2003, 68 FR 49846 (Aug. 19, 2003), 104 FERC
¶ 61,103, at P 562 n.88 (2003) (defining ride through
as ‘‘a Generating Facility staying connected to and
synchronized with the Transmission System during
system disturbances within a range of over- and
under-frequency[/voltage] conditions, in
accordance with Good Utility Practice.’’).
16 See e.g., NERC and WECC, 900 MW Fault
Induced Solar Photovoltaic Resource Interruption
Disturbance Report, 19 (Feb. 2018) (Canyon 2 Fire
Event Report) (finding momentary cessation as a
major cause for the loss of IBRs when voltages rose
above 1.1 per unit or decreased below 0.9 per unit).
17 NERC, Resource Loss Protection Criteria
Assessment Whitepaper, at 1–2, key findings 4, 7,
8 (Feb. 2018), https://www.nerc.com/comm/PC/
InverterBased%20Resource%20Performance%20
Task%20Force%20IRPT/IRPTF_RLPC_
Assessment.pdf.
18 The most severe single contingency or the N–
1 contingency generally refers to the concept that
a system must be able to withstand an unexpected
failure or outage of a single system component and
maintain reliable service at all times. See NERC
Glossary at 17 (defining ‘‘most severe single
contingency’’).
19 See, e.g., San Fernando Disturbance Report at
vi (stating that ‘‘[t]his event, as with past events,
involved a significant number of solar photovoltaic
(PV) resources reducing power output (either due
to momentary cessation or inverter tripping) as a
result of normally-cleared [Bulk-Power System]
faults. The widespread nature of power reduction
across many facilities poses risks to [Bulk-Power
System] performance and reliability.’’).

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6. Therefore, we find that it is
necessary to ensure that unregistered
IBRs that may have an aggregate
material impact on the reliable
operation of the Bulk-Power System are
required to: (1) register with NERC, and
(2) comply with NERC Reliability
Standards. Hence, we direct NERC,
pursuant to our authority under FPA
section 215,20 to submit for Commission
approval within 90 days a work plan
describing in detail how NERC plans to
identify and register unregistered IBRs
that, in the aggregate, have a material
impact on the reliable operation of the
Bulk-Power System. The work plan
should explain how NERC will modify
its processes to encompass unregistered
IBRs (whether by working with
stakeholders to change the BES
definition, a change to its registration
program, or some other solution) within
12 months of approval of the work plan.
The work plan should also include
implementation milestones ensuring
that unregistered IBR owners and
operators meeting the new registration
criteria are identified within 24 months
of the approval date of the work plan,
and that they are registered and required
to comply with applicable Reliability
Standards within 36 months of the
approval date of the work plan. The
work plan will be noticed for public
comment. Once the Commission
approves the work plan, NERC must file
updates every 90 days thereafter
detailing its progress towards
identifying and registering owners and
operators of IBRs (e.g., the number or
percentage of entities identified and/or
registered and anticipated completion
date if changed, with an explanation of
any such change).
7. In view of the rapid growth of IBRs
and their potential to materially impact
the reliability of the Bulk-Power System
(including the potential for unregistered
IBRs to materially impact the reliability
of the Bulk-Power System in the
aggregate), we are issuing this order
concurrently with a notice of proposed
rulemaking that preliminary finds that
the Reliability Standards do not fully
address the impacts of IBRs on the
reliable operation of the Bulk-Power
System and that proposes to direct
NERC to create new or modified
Reliability Standards that address
reliability concerns pertaining to IBRs.21
Together, these actions are necessary to
ensure that the ongoing integration of
IBRs does not adversely impact the
20 16 U.S.C. 824o(b)(1). See also 18 CFR 39.2(d)
(2021) (the ERO shall provide the Commission
information as necessary to implement section 215
of the FPA).
21 Reliability Standards to Address Inverter-based
Resources, 181 FERC ¶ 61,125 (2022).

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reliable operation of the Bulk-Power
System.
I. Background
A. Section 215 of the FPA
8. Section 215 of the FPA provides
that the Commission may certify an
Electric Reliability Organization (ERO),
the purpose of which is to establish and
enforce Reliability Standards, subject to
Commission review and approval.22
Once approved, the 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
select and certify an ERO,24 and
subsequently certified NERC.25
B. NERC Registration
9. The Commission’s regulations
require each user, owner, and operator
of the Bulk-Power System to be
registered with the ERO and to comply
with applicable Reliability Standards.26
NERC registers users, owners, and
operators of the Bulk-Power System
through either application of its BES
definition or its materiality test.27 As
explained by NERC’s Rules of
Procedure, ‘‘any entity reasonably
deemed material to the reliability of the
[Bulk-Power System] will be registered,
irrespective of other considerations.’’ 28
NERC determines whether an entity is
‘‘deemed material’’ through either
application of its BES definition or its
materiality test to an entity’s facilities
and elements. Once an entity is
identified as a candidate for registration,
the functions it normally performs are
compared to a list of function type
definitions.29 NERC registers these
Bulk-Power System users, owners, and
operators by the reliability functions
they perform (e.g., generator owner or
22 16

U.S.C. 824o.
824o(e)(3).
24 Rules Concerning Certification of the Elec.
Reliability Org.; and Procs. for the Establishment,
Approval, & Enforcement of Elec. Reliability
Standards, Order No. 672, 71 FR 8662 (Feb. 17,
2006), 114 FERC ¶ 61,104, order on reh’g, Order No.
672–A, 71 FR 19814 (Apr. 18, 2006), 114 FERC
¶ 61,328 (2006).
25 N. Am. Elec. Reliability Corp., 116 FERC
¶ 61,062 (2006), 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) (certifying
NERC as the ERO responsible for the development
and enforcement of mandatory Reliability
Standards).
26 18 CFR 39.2 (c).
27 NERC Rules of Procedure, App. 5B at 3. See id.
at 7–8 (listing the criteria for determining which
entities that have a ‘‘material impact’’).
28 Id.
29 Id. at 5.
23 Id.

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generator operator),30 and to which
specific requirements of the mandatory
Reliability Standards are applicable.31
10. NERC’s registration criteria also
allow NERC to limit the compliance
obligations of a given entity registered
for a particular function or of a
similarly-situated class of entities, as
warranted based on the particular facts
and circumstances, to a subset of
Reliability Standards or requirements.32
For example, an entity that owns
underfrequency load shedding (UFLS)
protection equipment needed to
implement a required UFLS program
designed for the protection of the BES,
but that does not meet any of the other
registration criteria for a distribution
provider, would be registered as a
‘‘UFLS-only distribution provider’’ and
only be required to comply with a
subset of the Reliability Standards
normally required for registered
distribution providers.33
C. Bulk Electric System Definition
11. On March 16, 2007, in Order No.
693, pursuant to section 215(d) of the
FPA, the Commission approved 83 of
107 proposed Reliability Standards and
the Glossary of Terms Used in NERC
Reliability Standards (NERC Glossary),
which included an early version of
NERC’s BES definition.34 The
Commission observed that the NERC
BES definition omitted ‘‘significant
portions of the transmission system
component[s] of the Bulk-Power
System’’ 35 but declined to direct NERC
at that time to revise its BES definition.
The Commission stated that it would,
for at least an initial period, rely on the
NERC BES definition to determine the
applicability of the Reliability
Standards; however, the Commission
noted that it ‘‘remains concerned about
the need to address the potential for
gaps in coverage of facilities.’’ 36
12. On November 18, 2010, in Order
No. 743, the Commission directed NERC
to revise its definition of the term BES
to ensure that the definition
encompasses all facilities necessary for

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30 See

NERC, Active Entities List (updated Oct. 3,
2022), https://www.nerc.com/pa/comp/
Registration%20and%20Certification%20DL/
NERC_Compliance_Registry_Matrix_Excel.xlsx.
31 Each Reliability Standard includes an
applicability section that identifies the specific
functional entity or subset of functional entities
responsible for compliance with that standard.
32 NERC Rules of Procedure, App. 5B at 8.
33 Id. at 7.
34 Mandatory Reliability Standards for the BulkPower Sys., Order No. 693, 72 FR 16416 (Apr. 4,
2007), 118 FERC ¶ 61,218 order on reh’g, Order No.
693–A, 72 FR 40717 (July 25, 2007), 120 FERC
¶ 61,053 (2007).
35 Order No. 693, 118 FERC ¶ 61,218 at P 54.
36 Id. PP 75–76.

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operating an interconnected
transmission network.37 The
Commission concluded that the best
way to accomplish this was to eliminate
the Regional Entity discretion to define
the BES without NERC or Commission
review, maintain a bright-line threshold
that includes all facilities operated at or
above 100 kV except radial facilities,38
and adopt an exemption process and
criteria for removing from the BES
facilities that are not necessary for
operating the interconnected
transmission network. In Order No. 743,
the Commission allowed NERC to
‘‘propose a different solution that is as
effective as, or superior to, the
Commission’s proposed approach in
addressing the Commission’s technical
and other concerns so as to ensure that
all necessary facilities are included
within the scope of the definition.’’ 39
13. On January 25, 2012, NERC
submitted two petitions to revise its BES
definition and Rules of Procedure
pursuant to the directives in Order No.
743, including: (1) NERC’s proposed
revision to the definition of BES with a
‘‘core’’ definition (i.e., the 100 kV bright
line) and provisions that include and
exclude specific categories of facilities
within the BES irrespective of the bright
line; 40 and (2) revisions to NERC’s
Rules of Procedure to add an exception
process to classify or de-classify an
element as part of the BES on a case-bycase basis.41 On December 20, 2012, in
Order No. 773, the Commission
approved the revisions to the BES
definition and the NERC Rules of
Procedure exception process.42
14. NERC uses the BES definition to
identify which users, owners, and
operators of the Bulk-Power System
should be registered by first using the
BES definition bright-line (i.e., all
elements connected at 100 kV or
higher). After the bright line, additional
elements may be identified as BES
elements by applying one or more of the
five ‘‘Inclusions’’ that make up the BES
definition.43
37 Revision to Elec. Reliability Org. Definition of
Bulk Elec. System, Order No. 743, 75 FR 72910
(Nov. 26, 2010), 133 FERC ¶ 61,150, at P 16 (2010),
order on reh’g, Order No. 743–A, 76 FR 16263 (Mar.
23, 2011), 134 FERC ¶ 61,210 (2011).
38 Id. Order No. 743 uses ‘‘defined radial
facilities’’ to mean those radial transmission
facilities serving only load with one transmission
source.
39 Id.
40 N. Am. Elec. Reliability Corp., Docket No.
RM12–6–000 (filed Jan. 25, 2012).
41 N. Am. Elec. Reliability Corp., Docket No.
RM12–7–000 (filed Jan. 25, 2012).
42 Order No. 773, 141 FERC ¶ 61,236.
43 The five inclusions are: (1) I1—Transformers;
(2) I2—Generating Resources; (3) I3—Blackstart
Resources; (4) I4—Dispersed Power Producing
Resources; and (5) Static or Dynamic Devices. The

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15. On December 13, 2013, NERC
filed proposed revisions to the BES
definition to, among other things,
address Commission directives in Order
Nos. 773 and 773–A to improve the BES
definition inclusions and exclusions.44
On March 20, 2014, the Commission
approved modifications to the BES
definition inclusions and exclusions to
ensure that generator interconnection
facilities at or above 100 kV connected
to BES generators identified in inclusion
I2 (generating resources connected at a
voltage of 100 kV or above with either
a gross individual nameplate rating
above 20 MVA or a gross plant/facility
nameplate rating greater than 75 MVA)
are not excluded from the BES.45 The
Commission also approved revisions to
inclusion I4 to include collector systems
from the point where the generation
aggregates to greater than 75 MVA to a
common point of connection at a
voltage of 100 kV or above.46
16. The inclusions relevant for IBRs
are inclusions I2 (generating resources)
and I4 (dispersed power producing
resources),47 which are defined as
follows:
I2—Generating resource(s) including
the generator terminals through the
high-side of the step-up transformer(s)
connected at a voltage of 100 kV or
above with: (a) Gross individual
nameplate rating greater than 20 MVA.
Or, (b) Gross plant/facility aggregate
nameplate rating greater than 75 MVA.
I4—Dispersed power producing
resources that aggregate to a total
capacity greater than 75 MVA (gross
nameplate rating), and that are
connected through a system designed
primarily for delivering such capacity to
a common point of connection at a
voltage of 100 kV or above. Thus, the
facilities designated as BES are: (a) The
individual resources, and (b) The
system designed primarily for delivering
capacity from the point where those
resources aggregate to greater than 75
MVA to a common point of connection
at a voltage of 100 kV or above.
17. Further, in approving revisions to
NERC’s BES definition in Order No.
NERC Glossary includes additional detail on what
specific configurations are covered by these
inclusions. NERC Glossary at 5–7.
44 N. Am. Elec. Reliability Corp., Docket No.
RD14–2–000, at 2 (filed Dec. 13, 2013).
45 N. Am. Elec. Reliability Corp., 146 FERC
¶ 61,199, at P 8 (2014).
46 Id. P 19.
47 The Commission approved NERC’s clarification
that inclusion I4’s dispersed power producing
resources includes variable generation resources in
light of ‘‘the increasing presence of wind, solar, and
other non-traditional forms of generation.’’ The
Commission recognized that these individual
variable generation units should be included within
the scope of the BES ‘‘where necessary to support
reliability.’’ Id. P 47.

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773, the Commission recognized its
authority under section 215 of the FPA
to designate an element as part of the
BES.48 The Commission went on to
explain that ‘‘where an event analysis of
a system disturbance indicates the
operational importance of sub-100 kV
elements . . . to reliability, the
Commission may find it necessary for
the reliable operation of the
interconnected transmission network to
designate facilities to be included in the
bulk electric system.’’ 49 The
Commission also explained that it
would expect in the normal course that
registered entities, Regional Entities,
and NERC would proactively identify
and include those sub-100 kV elements
(including generation elements) in the
BES.50 But in the case that another
entity does not initiate the registration
of such facilities, the Commission stated
it would exercise its authority to do
so.51

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D. NERC Determination of Material
Impact
18. An entity that does not have
elements that fall within the BES
definition may nevertheless be
registered if it can be demonstrated that
the entity has a material impact on
Bulk-Power System reliability. To
determine whether users, owners, and
operators of facilities and elements that
fall outside the BES definition are
material to Bulk-Power System
reliability and must be registered, NERC
uses a non-exclusive set of factors
(materiality test).52 NERC recognizes
that only a subset of the materiality test
factors may be applicable to particular
functional registration categories when
determining whether a facility should
be registered or deregistered.53 All such
registration decisions regarding
materiality must be made by a NERC-led
registration review panel.54
19. Relevant to IBRs, the factors for
determining material impact include the
following:
Will intentional or inadvertent
removal of an Element owned or
48 Order No. 773, 141 FERC ¶ 61,236 at P 285
(citing authority under FPA sections 215(a)(1) and
(b)(1)).
49 Id.
50 Id. P 288.
51 Id.
52 NERC Rules of Procedure, App. 5B at 7–8.
53 Id. at 7.
54 Id. The NERC-led registration review panel is
comprised of a NERC lead with Regional Entity
participants. The panel evaluates requests to deregister entities meeting registration criteria,
requests to add an entity that does not meet
registration criteria, disputes regarding application
of registration criteria, and requests for subset lists
of applicable Reliability Standards. NERC Rules of
Procedure, App. 5A (Organization Registration and
Certification Manual) at 10.

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operated by the entity, or a common
mode failure of two Elements as
identified in the Reliability Standards
(for example, loss of two Elements as a
result of a breaker failure), lead to a
reliability issue on another entity’s
system (such as a neighboring entity’s
Element exceeding an applicable rating,
or loss of non-consequential load due to
a single contingency)? Conversely, will
such contingencies on a neighboring
entity’s system result in issues for
Reliability Standards compliance on the
system of the entity in question?
. . . .
Can the normal operation,
misoperation, or malicious use of the
entity’s Protection Systems (including
UFLS [under frequency load shedding],
UVLS [under voltage load shedding],
Special Protection System, Remedial
Action Schemes and other Protection
Systems protecting BES Facilities) cause
an adverse impact on the operational
reliability of any associated Balancing
Authority, Generator Operator or
Transmission Operator, or the automatic
load shedding programs of a PC
[planning coordinator] or TP
[transmission planner] (UFLS,
UVLS)? 55
II. Discussion
20. We are issuing this order to ensure
that timely action is taken to address the
reliability challenges presented by IBRs
because their individual and aggregate
impacts can exacerbate disturbances on
the Bulk-Power System. Such impacts
are well documented in studies of BulkPower System disturbances over the
past six years, as discussed below. The
rapid growth of IBRs will make these
impacts more acute over time unless
they are adequately addressed.
Accordingly, we direct NERC within 90
days of the date of issuance of this order
to develop and submit for Commission
approval a work plan describing, in
detail, how NERC will identify and
register owners and operators of
unregistered IBRs that in the aggregate
materially impact the reliable operation
of the Bulk-Power System.
21. NERC should explain in its work
plan how NERC will modify its
processes to encompass unregistered
IBRs (whether by working with
stakeholders to change the BES
definition, a change to its registration
program, or some other solution) within
12 months of approval of the work plan.
The work plan should also include
implementation milestones ensuring
that unregistered IBR owners and
operators meeting the new registration
55 NERC

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criteria are identified within 24 months
of the approval date of the work plan,
and they are registered and required to
comply with applicable Reliability
Standards within 36 months of the
approval date of the work plan. The
work plan will be noticed for public
comment. Once the Commission
approves the proposed work plan, we
direct NERC to file progress updates
every 90 days thereafter detailing
NERC’s progress towards modifying its
processes and, once the modification is
complete, every 90 days thereafter
detailing its progress towards
identifying and registering owners and
operators of unregistered IBRs.
22. IBRs are rapidly becoming a
principal source of electric power,56 and
in certain areas of the Bulk-Power
System the IBR saturation is significant
enough that their operations can
materially impact Bulk-Power System
reliability. As their contribution to the
resource mix continues to increase, IBRs
present new considerations for
transmission planning and operation of
the Bulk-Power System, which was
designed primarily for synchronous
generation.57 Like synchronous
generators, IBRs such as solar PV, wind,
fuel cells, and battery storage produce
real and reactive power; however, they
do not react to disturbances on the
transmission system in the same manner
as synchronous generators do. As
discussed below, the operational
characteristics and equipment settings
of IBRs have in some instances
exacerbated system disturbances both
individually and in the aggregate, and
the status quo presents a risk to BulkPower System reliability.
23. Unregistered IBRs often have
small individual generation capacities,
are connected to the Bulk-Power System
at less than 100 kV transmission or subtransmission voltages, and do not meet
one of the inclusions in the BES
definition. NERC’s materiality test 58
includes an assessment of material
56 See NERC, 2021 Long Term Reliability
Assessment Report, 29 (Dec. 2021). https://
www.nerc.com/pa/RAPA/ra/
Reliability%20Assessments%20DL/NERC_LTRA_
2021.pdf. In the report, NERC projects IBR
nameplate capacity additions of approximately 504
GW of solar and 360 GW of wind (i.e., a total
nameplate capacity of 864 GW) and cumulative
retirements of approximately 60 GW of nuclear,
coal, natural gas, and biomass to the Bulk-Power
System over the next decade.
57 See e.g., NERC, 2012 Special Assessment
Interconnection Requirements for Variable
Generation, 1 (Sept. 2012), https://www.nerc.com/
files/2012_IVGTF_Task_1-3.pdf (finding that ‘‘many
of NERC’s existing interconnection standards and
procedures have been based on technical
characteristics and physical capabilities of
traditional power generation resources that employ
synchronous generators’’).
58 NERC Rules of Procedure, App. 5B at 7–8.

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impact for individual entities; however,
it has not been used to determine
whether unregistered IBRs can, in the
aggregate, have a material impact on the
Bulk-Power System such that their
owners or operators should be registered
with NERC. As discussed below, the
aggregate impact of unregistered IBRs is
not directly addressed by the BES
definition or the materiality test,
meaning that the users, owners, and
operators of those unregistered IBRs are
not required to register with NERC and
therefore are not required to comply
with Reliability Standards.

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elements involved were unregistered
IBRs. Later studies of IBR-related
disturbance events indicate that a loss of
real power generation from unregistered
IBRs contributed to the total resource
loss during these disturbances.61
25. On July 7, 2020, two consecutive
faults in northern Los Angeles county,
California resulted in the wide-spread
interruption of solar PV IBRs across the
Southern California region, referred to
as the ‘‘San Fernando Disturbance.’’ 62
Those faults included an approximately
205 MW power reduction followed by a
1,000 MW power reduction, both
observed at Bulk-Power SystemA. Unregistered IBRs Continue To
connected solar PV IBRs.63 In the San
Exacerbate Disturbance Events on the
Fernando Disturbance Report, NERC
Bulk-Power System
found that many of the facilities that
24. The first documented large-scale
unexpectedly and adversely responded
reliability issues related to IBRs
to the fault events were ‘‘non-BES solar
occurred in August of 2016 during the
PV [IBR] that had a noticeable effect on
Blue Cut Fire event in California. Until
[Bulk-Power System] performance in
this event, the likelihood of IBRs
aggregate.’’ 64 NERC explained that the
tripping or momentarily ceasing during
performance of these types of IBRs
faults on the Bulk-Power System was
‘‘mirror the responses of the larger solar
unclear. Since the Blue Cut Fire, at least PV [IBR] facilities; [and] this is to be
11 additional NERC-documented
expected since the inverter
events 59 have demonstrated common
manufacturer, make, and model are
mode failures of IBRs acting
likely similar.’’ 65 The San Fernando
unexpectedly and adversely in response Disturbance Report showed that the
to normally cleared transmission line
active power output response from two
faults on the Bulk-Power System.60 Most small solar PV IBRs during the
of the early NERC reports, however, do
disturbance responded to the normally
not provide IBR nameplate capacity of
cleared faults with their inverters
the facilities involved. Without a
entering momentary cessation and
breakdown of unregistered IBR and IBR
returning to service after several
nameplate capacities we are unable to
minutes.66 During the event, about
determine what percentage of the
1,000 MW of IBRs tripped or
momentarily ceased operation; 112 MW
59 These 12 events report an average of
or about 11% of those IBRs were
approximately 1,000 MW of IBRs entering into
unregistered IBRs.67
momentary cessation or tripping in the aggregate.
26. During the summer of 2021,
See Blue Cut Fire Event Report (covering the Blue
Cut Fire (August 16, 2016)); Canyon 2 Fire Event
California experienced four solar PV IBR
Report (covering the Canyon 2 Fire (October 9,
disturbance events. Similar to prior
2017)); NERC and WECC, April and May 2018 Fault
disturbances, these four events involved
Induced Solar Photovoltaic Resource Interruption
Disturbances Report (Jan. 2019) (Angeles Forest and normally cleared transmission line
Palmdale Roost Events Report) (covering the
faults and the loss of Bulk-Power
Angeles Forest (April 20, 2018) and Palmdale Roost
System-connected solar PV IBRs.68
(May 11, 2018) events); San Fernando Disturbance
NERC and WECC found that 13 non-BES
Report (covering the San Fernando Event (July 7,
2020)); NERC and Texas RE, Odessa Disturbance
connected solar PV IBRs contributed
(Sept. 2021) (Odessa Disturbance Report) (covering
between almost 10% (in Lytle Creek, 58
events in Odessa, Texas on May 9, 2021 and June
MW of 600 MW) and almost 30% (in
26, 2021); NERC and WECC, Multiple Solar PV
Disturbances in CAISO (April 2022) (2021 Solar PV
Disturbances Report) (covering four events:
Victorville (June 24, 2021); Tumbleweed (July 4,
2021); Windhub (July 28, 2021); and Lytle Creek
(August 26, 2021)); and NERC and Texas RE,
Panhandle Wind Disturbance, Texas Event: March
22, 2022, (Aug. 2022) (Panhandle Wind Disturbance
Report).
60 Smaller scale events have occurred as well.
However, there is less documentation of smaller
scale events in part because NERC only tracks
‘‘Category 1’’ events, which are unexpected outages
of three or more BES facilities, including
interruptions of IBRs aggregated to a 500 MW
threshold (Category 1aii and Category 1i). See, e.g.,
NERC, ERO Event Analysis Process—Version 4.0, at
2 (Dec. 2019), https://www.nerc.com/pa/rrm/ea/
ERO_EAP_Documents%20DL/ERO_EAP_v4.0_
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61 As unregistered IBRs do not have to comply
with Reliability Standards or respond to NERC
Alerts, it is difficult for NERC to perform root cause
analyses of IBR-disturbance events that fully reflect
unregistered IBR contributions to Bulk-Power
System disturbances. See e.g., 2021 Solar PV
Disturbances Report at 13 (‘‘non-BES facilities
chose not to respond to the [requests for
information] nor participate in any follow-up
discussions to perform root cause analysis.’’).
62 San Fernando Disturbance Report at 2.
63 Id. at vi.
64 Id. at 23.
65 Id.
66 Id.
67 Id. at app. B, tbl. B.1
68 2021 Solar PV Disturbances Report at 2.

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Tumbleweed, 162 MW of 566 MW) of
the total losses. The report stated that
the total number of non-BES connected
solar PV IBRs may have been
underestimated because the count only
included solar PV IBRs with active
power reduction of more than 10 MW.69
As owners and operators of unregistered
facilities are not required to respond to
NERC Alerts (and therefore do not
provide data to NERC), NERC was
unable to perform a complete root cause
analysis that included these facilities.70
27. In its 2021 Solar PV Disturbances
Report, NERC recognized the risk posed
by non-BES connected IBRs, finding
that ‘‘[t]he ongoing widespread [power]
reduction of solar PV [IBR] resources
continues to be a notable reliability risk
to the [Bulk-Power System], particularly
when combined with the additional loss
of other generating resources on the
[Bulk-Power System] and in aggregate
on the distribution system.’’ 71 Further,
NERC has stated that ‘‘lack of data
visibility and poor data quality continue
to be a concern for comprehensive event
analysis after large [Bulk-Power System]
disturbances.’’ 72
28. Since the discernment of
reliability issues related to IBRs in 2016,
NERC has taken the following actions to
assess and mitigate the impact of both
registered and unregistered IBRs: (1)
published seven reports documenting
12 events; 73 (2) issued two NERC
Alerts; 74 (3) issued three reliability
guidelines regarding IBR data collection
and performance; 75 (4) formed an IBR
69 Id. at 36, app. B (providing a detailed review
of affected facilities). NERC and WECC’s analysis
was limited to solar PV IBRs that exhibited an
active power reduction greater than 10 MW for the
four disturbances.
70 Id. at 13 (noting that ‘‘[n]on-BES facilities chose
not to respond to the [requests for information] nor
participate in any follow-up discussions to perform
root cause analysis’’).
71 Id. at v.
72 Angeles Forest and Palmdale Roost Events
Report at 23.
73 Blue Cut Fire Event Report; Canyon 2 Fire
Event Report; the San Fernando Disturbance Report;
the Angeles Forest and Palmdale Roost Events
Report; Odessa Disturbance Report; 2021 Solar PV
Disturbances Report; and the Panhandle Wind
Disturbance Report.
74 NERC, Loss of Solar Resources during
Transmission Disturbances due to Inverter Settings
(June 2017) (Loss of Solar Resources Alert I); NERC,
Industry Recommendation Loss of Solar Resources
during Transmission Disturbances due to Inverter
Settings—II (May 2018) (Loss of Solar Resources
Alert II). All NERC Alerts referenced in this order
are available on NERC’s website at https://
www.nerc.com/pa/rrm/bpsa/Pages/Alerts.aspx.
75 See NERC, Reliability Guideline BPSConnected Inverter-Based Resource Performance,
(Sept. 2018); IBR Interconnection Requirements
Guideline; and NERC, Reliability Guideline
Performance, Modeling, and Simulations of BPSConnected Battery Energy Storage Systems and
Hybrid Power Plants (Mar. 2021). NERC guidelines

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performance task force (IRPTF) 76 and
system planning impacts from
distributed energy resources working
group; (5) issued multiple technical
reports; 77 and (6) issued an IBR strategy
document.78 Nevertheless, NERC
acknowledges that its actions to date
have not successfully addressed the
most common reliability issues posed
by IBRs, like momentary cessation, nor
have they resolved any modeling or
other IBR-related performance issues
from unregistered IBRs.79
29. The NERC IRPTF May 2020
technical report explained that the
‘‘[i]nformation from only about one-half
of the installed capacity of [Bulk-Power
System]-connected solar PV resources
(in the Western Interconnection) was
collected as part of the NERC Alert
process based on the size of resources
and their designation as [BES] or nonBES resources. The extent of model
accuracy for those resources that did not
respond to the NERC Alert is
unknown.’’ 80 Further, the report found
that ‘‘[w]hile entities owning non-BES
resources were requested to provide
data, only BES resources are required to
respond to the data requests in the
NERC Alert.’’ 81 As a consequence of not
having the requested unregistered IBR
data, the NERC IRPTF made modeling
assumptions that only included roughly
half (i.e., approximately 7 GW) of the
existing solar PV IBRs in the WECC base
case when performing system reliability
studies to identify potential IBR
are a collection of best practices and are provided
to the industry as voluntary guidance; they are not
mandatory. All NERC guidelines referenced in this
order are available on NERC’s website at https://
www.nerc.com/comm/Pages/Reliability-andSecurity-Guidelines.aspx.
76 The task force became the IBR Performance
Working Group in October 2020, and most recently
became the IBR Performance Subcommittee in
March 2022. For consistency, this order uses
‘‘IRPTF’’ to refer to all three iterations.
77 See e.g., NERC, Technical Report, BPSConnected Inverter-Based Resource Modeling and
Studies (May 2020) (Modeling and Studies Report);
NERC, WECC Base Case Review: Inverter-Based
Resources (Aug. 2020), (WI Base Case IBR Review).
All technical reports referenced in this order are
available on NERC’s website at https://nerc.com/
comm/PC/Pages/Inverter-Based-ResourcePerformance-Task-Force.aspx.
78 NERC IBR Strategy, supra note 6.
79 See e.g., San Fernando Disturbance Report at
23; see also Odessa Disturbance Report at vi
(finding that industry is aware of the guidance
materials published by NERC yet are not
comprehensively adopting those
recommendations); see also NERC, Agenda Member
Representatives Committee, at 16 (Apr. 2022)
(stating that as NERC ‘‘continue[s] to observe,
significant amounts of inverter-based resources
cease or reduce energy production during system
faults just when needed—this increasingly risky
behavior impacts the reliable operation of the bulk
power system’’).
80 Modeling and Studies Report at 2.
81 Id. at 25 n.34.

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reliability issues.82 In 2020, NERC and
WECC conducted a review of the
Western Interconnection base case
transmission planning model and found
numerous modeling errors and
omissions regarding IBRs.83
30. In summary, events and
disturbances have shown that IBRs,
regardless of size and transmission or
sub-transmission voltage, have a
material impact on Bulk-Power System
reliability. Further, while NERC
recognizes that action is necessary to
address the most common reliability
issues posed by IBRs, these issues have
not been resolved. Finally, even when
NERC does address IBR-specific gaps
through its Reliability Standards, until
unregistered IBRs are registered, they
will not be required to comply with the
Reliability Standards.
B. Generator Owners and Operators of
Unregistered IBRs That Materially
Impact the Reliable Operation of the
Bulk-Power System Must Be Registered
by NERC and Subject to Mandatory
Reliability Standards
31. As IBR saturation continues to
increase on the Bulk-Power System, we
are concerned that, absent Commission
action, larger numbers of unregistered
IBRs may pose increasing risk to reliable
operation, as demonstrated by the
disturbance events described above.
Therefore, we find it necessary to ensure
that NERC register the owners and
operators of those unregistered IBRs
that, in the aggregate, have a material
impact on Bulk-Power System
reliability, to ensure those entities are
subject to a relevant set of mandatory
and enforceable Reliability Standard
requirements.
32. Many IBRs have small individual
generation capacities, are connected to
the Bulk-Power System at less than 100
kV transmission or sub-transmission
voltage, or do not meet one of the
inclusions in the NERC BES definition,
and therefore are not registered.
Similarly, while NERC’s materiality test
can be used to assess whether an
individual entity that does not meet the
NERC BES definition has a material
impact on the reliable operation of the
Bulk-Power System, and thus should be
registered with NERC and subject to its
mandatory Reliability Standards, NERC
has not, to date, applied the materiality
test to unregistered IBRs to determine
82 See id. at 24, 25 (finding that while the WECC
base case reflects around 14,500 MW of Bulk-Power
System-connected non-BES solar PV IBRs, only
approximately 7,200 MW of Bulk-Power Systemconnected non-BES solar PV IBRs submitted data
during the NERC Alert process).
83 WI Base Case IBR Review Report. The WI base
case has been updated since the time of this report.

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whether they, in the aggregate, have a
material impact on the reliable
operation of the Bulk-Power System.
Therefore, NERC has not addressed
through either its BES definition or the
materiality test the impact of
unregistered IBRs that, in the aggregate,
materially impact the reliable operation
Bulk-Power System. As a result, these
potentially impactful unregistered IBRs
are not required to comply with any
Reliability Standards. To address this
concern, we find that unregistered IBRs
connected to the Bulk-Power System,
regardless of size and transmission or
sub-transmission voltage, that in the
aggregate have a material impact on
Bulk-Power System performance should
be registered.
33. Based on the record of IBR
facilities materially impacting the
reliability of the Bulk-Power System
discussed above, we find that the
current BES definition and NERC’s
application of the materiality test to
individual entities do not address the
potential impacts to the reliability of the
Bulk-Power System of the increasing
numbers of smaller non-BES BulkPower System-connected IBRs.
Therefore, we direct NERC to develop
and file a work plan within 90 days of
the date of this order explaining how it
will identify and register unregistered
IBRs that, in the aggregate, have a
material impact on the reliable
operation of the Bulk-Power System, but
that are not currently required to be
registered with NERC under the BES
definition. The work plan should
explain how NERC will modify its
processes to encompass unregistered
IBRs (whether by working with
stakeholders to change the BES
definition, changing its Rules of
Procedure related to registration, or
some other solution) within 12 months
of approval of the work plan. The work
plan should also include
implementation milestones ensuring
that unregistered IBR owners and
operators meeting the new registration
criteria are identified within 24 months
of the approval date of the work plan,
and that they are registered and required
to comply with applicable Reliability
Standards within 36 months of the
approval date of the work plan. The
work plan will be noticed for public
comment.
34. We recognize that the currently
unregistered IBRs may not present the
same impact in all circumstances as
IBRs that fall under the current BES
definition. Accordingly, NERC may
determine that the full set of Reliability
Standard Requirements otherwise
applicable to generator owners and
operators need not apply to currently

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unregistered IBR generator owners and
operators when they are registered.84
For example, NERC may determine that
currently unregistered IBR generator
owners and operators that must register
as a result of this order need comply
only with provisions pertaining to
facility interconnections and studies,
protection systems, modeling, voltage
support, and frequency response, as
well as any new or modified standards
developed through the rulemaking in
Docket No. RM22–12–000. While we
provide the above by way of example,
NERC may, subject to Commission
review and approval, determine
whether specific provisions from the
full set of Reliability Standard
Requirements otherwise applicable to
generator owners and operators need
not apply to generator owners and
operators when they are registered that
currently only own unregistered IBRs.
35. Accordingly, consistent with the
discussion in this order, we direct NERC
to file the work plan within 90 days of
the date of this order for Commission
approval. The work plan filed by NERC
will be noticed for public comment.
Once the Commission approves the
work plan, we direct NERC to file
progress updates every 90 days from the
date of approval documenting NERC’s
progress. We direct NERC to complete
implementation of the work plan
(whether by working with stakeholders
to change the BES definition, changes to
its registration program, or some other
solution) within 12 months from the
date of Commission approval of the
work plan and to complete the
identification of unregistered IBR
owners and operators within 24 months
from the date of Commission approval,
so that they are registered and required
to comply with applicable Reliability
Standards within 36 months from the
date of Commission approval of the
work plan.
III. Information Collection Statement
36. The Paperwork Reduction Act
(PRA) 85 requires each federal agency to
seek and obtain approval by the Office
of Management and Budget (OMB)
before undertaking a collection of
information (including reporting, record
keeping, and public disclosure
requirements) directed to ten or more
persons or contained in a rule of general
applicability. OMB regulations 86
require approval of certain information
collection requirements (including
deletion or revision of existing
84 See,

e.g., New Harquahala Generating Co., LLC,
123 FERC ¶ 61,173 (2008).
85 44 U.S.C. 3501–3521.
86 5 CFR pt. 1320 (2021).

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requirements, or implementation of new
requirements). Upon approval of a
collection of information, OMB will
assign an OMB Control Number and an
expiration date. Respondents subject to
the filing requirements will not be
penalized for failing to respond to the
collection of information unless the
collection of information displays a
valid OMB control number.
37. The information collection
affected by this order is FERC–725,
‘‘Certification of Electric Reliability
Organization; Procedures for Electric
Reliability Standards’’ (OMB Control
Number 1902–0225). The information
collection requirements in this order are
covered by and included in, the existing
OMB-approved FERC–725.87
38. This order directs the ERO to
develop and submit to the Commission
for approval within 90 days of the date
of this order a work plan describing, in
detail, how the ERO plans to modify its
registration processes to identify and
register owners and operators of
unregistered IBRs that in the aggregate,
materially impact the reliable operation
of the Bulk-Power System, as discussed
in the body of this order. NERC is
required to submit progress updates
every 90 days after approval of the work
plan.
39. In this order, NERC is directed to:
(1) complete modifications to its
registration process within 12 months of
Commission approval of the work plan;
(2) complete identification of owners
and operators of IBRs that are connected
to the Bulk Power System and that, in
the aggregate, materially impact the
reliable operation of the Bulk-Power
System within 24 months of
Commission approval of the work plan;
and (3) complete registration of
unregistered IBR owners and operators
so they are required to comply with
applicable Reliability Standards within
36 months of Commission approval of
the work plan, as discussed in the body
of this order.
40. The Commission solicits
comments on the Commission’s need for
the revision of the information
collection, 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.
41. Interested persons may submit
questions about this information
collection by contacting Ellen Brown,
Office of the Executive Director, at
87 FERC–725 includes the burden, reporting, and
recordkeeping requirements associated with
Reliability Standards Development, Reliability
Assessments, Self-Assessment and ERO
Application, Reliability Compliance, Stakeholder
Survey, and Other Reporting.

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[email protected], or (202) 502–
8663. Please send comments concerning
the collection of information and the
associated burden estimates to: Office of
Information and Regulatory Affairs,
Office of Management and Budget
[Attention: Federal Energy Regulatory
Commission Desk Officer]. Due to
security concerns, comments should be
submitted at www.reginfo.gov/public/
do/PRAMain. Comments submitted to
OMB should be sent within 60 days of
publication of this notice in the Federal
Register and refer to FERC–725 and
OMB Control No. 1902–0225.
The Commission orders:
(A) NERC is hereby directed to submit
a work plan within 90 days of the date
of this order describing, in detail, how
it plans to modify with stakeholder
input its BES definition, registration
program, or some other solution to
identify and register owners and
operators of unregistered IBRs that are
connected to the Bulk-Power System
and that, in the aggregate, materially
impact the reliable operation of the
Bulk-Power System, as discussed in the
body of this order.
(B) NERC is hereby directed to
complete modifications in accordance
with its work plan within 12 months of
Commission approval of the work plan,
complete identification of owners and
operators of IBRs that in the aggregate,
materially impact the reliable operation
of the Bulk-Power System within 24
months of Commission approval of the
work plan, and complete registration of
IBR owners and operators so they are
required to comply with applicable
Reliability Standards within 36 months
of Commission approval of the work
plan, as discussed in the body of this
order.
(C) NERC is hereby directed to file
detailed progress updates on the status
of its workplan, completed
implementation milestones, and any
delays, every 90 days from the date of
Commission approval of the work plan,
as discussed in the body of this order.
By the Commission. Commissioner Danly
is concurring with a separate statement
attached.
Issued: November 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.

United States of America
Federal Energy Regulatory Commission
Registration of Inverter-based Resources.
Docket No. RD22–4–000 (Issued
November 17, 2022)
DANLY, Commissioner, concurring:

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Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Notices

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1. I concur in today’s order.1 I remain
gravely concerned about the North
American Electric Reliability
Corporation’s (NERC) inability to act
swiftly and nimbly in response to
emerging risks that threaten the
reliability of the Bulk-Power System
(BPS). This is due in no small part to the
statutory framework of Federal Power
Act (FPA) section 215.2 According to
NERC’s Inverter-Based Resource (IBR)
Strategy document,3 ‘‘[t]he [Electric
Reliability Organization (ERO)]
Enterprise has analyzed numerous
widespread IBR loss events and
identified many systemic performance
issues with the inverter-based fleet over
the past six years.’’ 4 NERC explains that
‘‘[t]he disturbance reports, alerts,
guidelines, and other deliverables
developed by the ERO thus far have
highlighted that abnormal IBR
performance issues pose a significant
risk to BPS reliability.’’ 5 Our actions
today in this and another proceeding 6
propose firm deadlines by which NERC
must act to register and hold IBR
entities accountable for failure to
comply with mandatory and enforceable
Reliability Standards.
2. Better late than never, I suppose.
Nevertheless, it could be at least four
years before certain of the IBR entities
are registered and another five years
before the full suite of contemplated
requirements are mandatory and
enforceable. So, it will be about ten or
eleven years after the significant
reliability risk was definitively
identified that we will have required
registration and Reliability Standards in
place. The reliability consequences that
attend the rapid deployment of an
unprecedented number of IBRs are, at
this point, unarguable. As NERC’s
President and CEO explained last week:
‘‘the pace of the transformation of the
electric system needs to be managed and
that transition needs to occur in an
orderly way.’’ 7 Mandatory reliability
standards must be implemented as
quickly as possible to ensure the reliable
operation of the BPS. We at FERC are
1 Registration of Inverter-based Resources, 181
FERC ¶ 61,124 (2022).
2 16 U.S.C. 824o.
3 NERC, Inverter-Based Resource Strategy:
Ensuring Reliability of the Bulk Power System with
Increased Levels of BPS-Connected IBRs (Issued
Sep. 14, 2022), https://www.nerc.com/comm/
Documents/NERC_IBR_Strategy.pdf.
4 Id. at 3.
5 Id. at 5.
6 Reliability Standards to Address Inverter-Based
Resources, 181 FERC ¶ 61,125 (2022).
7 Statement of James B. Robb, Annual
Commissioner-led Reliability Technical Conference
(Nov. 10, 2022), https://www.ferc.gov/news-events/
events/annual-commissioner-led-reliabilitytechnical-conference-11102022.

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responsible for the reliability of the BPS
under FPA section 215. I fear we may
be taking too long to address reliability
challenges that urgently need our
attention.
For these reasons, I respectfully
concur.
James P. Danly,
Commissioner.
[FR Doc. 2022–25589 Filed 11–22–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Docket Numbers: RP23–186–000.
Applicants: Discovery Gas
Transmission LLC.
Description: § 4(d) Rate Filing: 2023
HMRE Surcharge Filing to be effective
1/1/2023.
Filed Date: 11/15/22.
Accession Number: 20221115–5001.
Comment Date: 5 p.m. ET 11/28/22.
Docket Numbers: RP23–187–000.
Applicants: East Tennessee Natural
Gas, LLC.
Description: § 4(d) Rate Filing:
Negotiated Rates—Nov 2022 Clean-up
Filing to be effective 12/15/2022.
Filed Date: 11/15/22.
Accession Number: 20221115–5008.
Comment Date: 5 p.m. ET 11/28/22.
Docket Numbers: RP23–188–000.
Applicants: East Tennessee Natural
Gas, LLC.
Description: § 4(d) Rate Filing:
Negotiated Rate—Perm Release
Oglethorpe to Eastman to be effective
11/15/2022.
Filed Date: 11/15/22.
Accession Number: 20221115–5025.
Comment Date: 5 p.m. ET 11/28/22.
Docket Numbers: RP23–189–000.
Applicants: Sierrita Gas Pipeline LLC.
Description: Compliance filing:
Sierrita Opertional Purchase and Sales
Report 2022 to be effective N/A.
Filed Date: 11/15/22.
Accession Number: 20221115–5053.
Comment Date: 5 p.m. ET 11/28/22.
Docket Numbers: RP23–190–000.
Applicants: Midwestern Gas
Transmission Company.
Description: § 4(d) Rate Filing:
Revision to Part 8, Section 25 to be
effective 12/16/2022.
Filed Date: 11/15/22.

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Accession Number: 20221115–5085.
Comment Date: 5 p.m. ET 11/28/22.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
The filings are accessible in the
Commission’s eLibrary system (https://
elibrary.ferc.gov/idmws/search/
fercgensearch.asp) by querying the
docket number.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: http://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: November 15, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–25557 Filed 11–22–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 1988–100]

Pacific Gas and Electric Company;
Notice of Application Accepted for
Filing and Soliciting Comments,
Motions To Intervene, and Protests
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection:
a. Application Type: Application for
Temporary Variance of Minimum Flow
Requirement.
b. Project No: 1988–100.
c. Date Filed: October 31, 2022.
d. Applicant: Pacific Gas and Electric
Company (licensee).
e. Name of Project: Haas-Kings River
Project.
f. Location: The project is located on
the North Fork Kings River in Fresno
County, California.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791a–825r.
h. Applicant Contact: Erin Wick,
License Coordinator, Pacific Gas and
Electric Company, (559) 203–4310.
i. FERC Contact: Katherine Schmidt,
(415) 369–3348, katherine.schmidt@
ferc.gov.

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