RD24-1 Order and 60 Day notice published

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located at: 2310 Oro-Quincy Hwy,
Oroville, California 95966.
Federal Energy Regulatory
The purpose of the technical
Commission
conference is to discuss potential
[Project No. 2088–068]
project effects on federally listed species
including the threatened North Feather
South Feather Water and Power
distinct population of the foothill
Agency; Notice of Technical
yellow-legged frog (FYLF). Discussions
Conference and Environmental Site
to inform staff’s environmental analysis
Review
will include the following items: (1)
results of FYLF surveys in projectCommission staff will hold an
affected reaches; (2) the timing and
environmental site review (site review)
magnitude of flow fluctuations resulting
on March 21, 2024, and a technical
conference on March 22, 2024, on South from current project operations; (3)
potential measures to minimize effects
Feather Water and Power Agency’s
(licensee, SFWPA) proposed relicensing of flow fluctuations during the FYLF
reproductive season; (4) the feasibility
of the South Feather Power Project No.
2088 (project). The project is located on of implementing potential interim
ramping rates with existing
the South Fork Feather River, Lost
infrastructure; and (5) the limitations of
Creek, and Slate Creek, in Butte, Yuba,
any potential ramping rates to protect
and Plumas Counties, California.
All local, State, and Federal agencies, FYLF populations.
Tribes, non-governmental organizations,
The technical conference will be
and other interested parties and
recorded by an independent
individuals are invited to participate in
stenographer. Transcripts of the
the site review and/or technical
technical conference will be placed on
conference.
the public record for the project and
will be available to view on the
Environmental Site Review
Commission’s website (http://
On Thursday, March 21, 2024,
www.ferc.gov), using the ‘‘eLibrary’’
Commission staff and SFWPA will
link.
conduct an environmental site review
If you are interested in attending or
(i.e., tour) of the project starting at 9 a.m.
(Pacific standard time, PST) and ending have questions regarding the
environmental site review or technical
by 4:30 p.m. (PST).
conference, please RSVP Kristen
The site review will primarily focus
on project diversions and other facilities McKillop with SFWPA at kmckillop@
relevant to the technical conference (see southfeather.com or (530) 532–1348 on
or before March 14, 2024.
below). All participants are responsible
for their own transportation to and from
For questions on procedural matters
the project and during the site review.
related to relicensing the South Feather
Four-wheel drive or all-wheel drive
Power Project, you may contact Quinn
vehicles with adequate ground
Emmering, the Commission’s
clearance are necessary to traverse
relicensing coordinator for the project,
project roads.
at (202) 502–6382 or Quinn.Emmering@
Interested participants must meet at
ferc.gov.
SFWPA’s Power Division Headquarters
The Commission’s Office of Public
located at: 5494 Forbestown Road,
Forbestown, California 95941, where the Participation (OPP) supports meaningful
public engagement and participation in
site review will begin. Participants
Commission proceedings. OPP can help
should arrive sufficiently early for
members of the public, including
coordination purposes, so that the site
review may begin on time. Additionally, landowners, environmental justice
participants should wear sturdy, closed- communities, Tribal members and
others, access publicly available
toe shoes or boots, and dress seasonally
information and navigate Commission
appropriate for any potential weather.
Please note that the project is located in processes. For public inquiries and
assistance with making filings such as
a remote area with limited amenities or
public restrooms; therefore, participants interventions, comments, or requests for
rehearing, the public is encouraged to
should prepare accordingly and bring
contact OPP at (202) 502–6595 or OPP@
water, snacks, etc.
ferc.gov.
Technical Conference
Dated: February 15, 2024.
On Friday, March 22, 2024, from 10
Debbie-Anne A. Reese,
a.m. to 2 p.m. (PST), Commission staff
Acting Secretary.
will hold a technical conference. The
[FR Doc. 2024–03611 Filed 2–21–24; 8:45 am]
technical conference will be located at
SFWPA’s Water Division Headquarters
BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY

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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RD24–1–000]

North American Electric Reliability
Corporation; Order Approving Extreme
Cold Weather Reliability Standards
EOP–011–4 and TOP–002–5
1. On October 30, 2023, the North
American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization (ERO), submitted a
petition seeking approval of proposed
Reliability Standards EOP–011–4
(Emergency Operations) and TOP–002–
5 (Operations Planning). As discussed
in this order, we approve proposed
Reliability Standards EOP–011–4 and
TOP–002–5 and their associated
violation risk factors and violation
severity levels.
2. It is essential to the reliable
operation of the Bulk-Power System to
protect critical natural gas infrastructure
loads that serve gas-fired generation.1
As the November 2021 Report found,
natural gas fuel issues were the second
largest cause of generation outages
during Winter Storm Uri.2 Proposed
Reliability Standards EOP–011–4 and
TOP–002–5 address the concerns raised
by the November 2021 Report.3
Accordingly, we approve proposed
Reliability Standards EOP–011–4 and
TOP–002–5 as just, reasonable, not
unduly discriminatory or preferential,
and in the public interest.
I. Background
A. Section 215 and Mandatory
Reliability Standards
3. 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.4 Reliability
Standards may be enforced by the ERO,
subject to Commission oversight, or by
the Commission independently.5
Pursuant to section 215 of the FPA, the
1 See FERC, NERC, and Regional Entity Staff, The
February 2021 Cold Weather Outages in Texas and
the South Central United States, 19 (Nov. 16, 2021)
(November 2021 Report), https://www.ferc.gov/
media/february-2021-cold-weather-outages-texasand-south-central-united-states-ferc-nerc-and; see
also id. at 19 n.30 (‘‘‘Natural gas infrastructure’
refers to natural gas production, gathering,
processing, intrastate and interstate pipelines,
storage and other infrastructure used to move
natural gas from wellhead to burner tip.’’).
2 Id. at 18.
3 See id. at 6, 24, 41–43.
4 16 U.S.C. 824o(c).
5 Id. 824o(e).

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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices
Commission established a process to
select and certify an ERO,6 and
subsequently certified NERC.7
B. The February 2021 Cold Weather
Reliability Event

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4. 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.8 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.9 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.10
5. After the February 2021 cold
weather reliability event and 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.11 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).12
Reliability Standards IRO–010–4 and
TOP–003–5 require that reliability
coordinators, transmission operators,
and balancing authorities develop,
maintain, and share generator cold
6 Rules Concerning Certification of the Elec.
Reliability Org.; and 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).
7 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).
8 See November 2021 Report at 9.
9 Id.
10 Id. at 184–212 (Key recommendations 1a
through 1j).
11 FERC and NERC Staff, The South Central
United States Cold Weather Bulk Electric System
Event of January 17, 2018, 89 (July 2019), https://
www.ferc.gov/sites/default/files/2020-05/07-18-19ferc-nerc-report_0.pdf.
12 See generally N. Am. Elec. Reliability Corp.,
176 FERC ¶ 61,119 (2021) (noting that the
Reliability Standards become enforceable on April
1, 2023).

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weather data.13 Reliability Standard
EOP–011–2 requires generator owners to
have generating unit cold weather
preparedness plans and generator
owners and generator operators to
provide training for implementing the
cold weather preparedness plans.14
6. On October 28, 2022, NERC filed a
petition seeking approval, on an
expedited basis, of Reliability Standards
EOP–011–3 (Emergency Operations) and
EOP–012–1 (Extreme Cold Weather
Preparedness and Operations), the
Reliability 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 Reliability Standard EOP–
011–2.15 On February 16, 2023, the
Commission approved Reliability
Standards EOP–011–3 and EOP–012–1,
and also directed NERC to develop and
submit modifications to Reliability
Standard EOP–012–1 and to submit a
plan on how NERC will collect and
assess data surrounding the
implementation of Reliability Standard
EOP–012–1.16
C. NERC’s Petition and Proposed
Reliability Standards EOP–011–4 and
TOP–002–5
7. On October 30, 2023, NERC filed a
petition seeking approval on an
expedited basis of proposed Reliability
Standards EOP–011–4 and TOP–002–
5,17 the Reliability Standards’ associated
violation risk factors and violation
severity levels, NERC’s proposed
implementation plan, and the
retirement of currently approved EOP–
011–3 and TOP–002–4.18 NERC
explains that proposed Reliability
Standards EOP–011–4 and TOP–002–5
build on the 2021 and 2023-approved
cold weather Reliability Standards,
further reducing the risks posed by
extreme cold weather to the reliability
13 Id.
14 Id.
15 NERC, Petition, Docket No. RD23–1–000, at 1–
2 (filed Oct. 28, 2022).
16 See N. Am. Elec. Reliability Corp., 182 FERC
¶ 61,094, at PP 3–11 (February 2023 Order), order
on reh’g, 183 FERC ¶ 61,222 (2023).
17 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.
RD24–1–000 and on the NERC website, https://
www.nerc.com.
18 NERC Petition at 1–2, 48, 54 (stating that, in the
alternative, should Reliability Standard EOP–011–
2 be in effect at the time of proposed Reliability
Standard EOP–011–4’s approval, then NERC seeks
retirement of EOP–011–2).

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of the Bulk-Power System.19 NERC
maintains that proposed Reliability
Standards EOP–011–4 and TOP–002–5
are consistent with key
recommendations from the November
2021 Report.20
8. 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. NERC
states that its October 30, 2023, petition
represents the portions of its phase two
standard development project
pertaining to Key Recommendations 1g,
1h, and 1i.21
9. NERC states that proposed
Reliability Standard EOP–011–4
advances reliability by requiring
transmission operators to consider the
impacts of load shedding during
emergency conditions on the natural gas
infrastructure that fuels a significant
portion of bulk electric system
generation.22 NERC explains that the
purpose of proposed Reliability
Standard EOP–011–4 is unchanged from
EOP–011–3, and is to ensure that each
transmission operator and balancing
authority implements plans to mitigate
operating emergencies and that such
plans are coordinated within the
reliability coordinator area. According
to NERC, proposed Reliability Standard
EOP–011–4 addresses Key
Recommendation 1h and 1i from the
November 2021 Report.23
10. NERC proposes to modify the
approved, but not yet effective,
Reliability Standard EOP–011–3 in
multiple ways.24 First, NERC proposes
to add distribution providers,
Underfrequency Load Shed (UFLS)-only
distribution providers, and transmission
owners to the list of applicable entities
that must comply with the Reliability
Standard EOP–011–4.25 Second, under
proposed Reliability Standard EOP–
011–4, each transmission operator will
be required to include operating plan
19 Id.

at 1–2.
at 6; see also November 2021 Report at 190–
91, 208–09 (Key Recommendations 1g, 1h, and 1i).
21 NERC Petition at 21–22, 51.
22 Id. at 26–27.
23 See id. at 27 (citing the November 2021 Report
at 208–09).
24 Reliability Standard EOP–011–3, Requirements
R3, R4, and R5 are unchanged from the approved
version. See N. Am. Elec. Reliability Corp., 176
FERC ¶ 61,119 (approving Reliability Standard
EOP–011–2).
25 The applicability section of Reliability
Standard EOP–011–3 identifies only balancing
authorities, reliability coordinators, and
transmission operators as the applicable entities.
20 Id.

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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices

provisions that identify and prioritize
designated critical natural gas
infrastructure loads that are ‘‘essential
to the reliability of the bulk electric
system.’’ 26 Third, balancing authorities
must develop, maintain, and implement
one or more reliability coordinatorreviewed operating plans with
provisions for excluding critical natural
gas infrastructure loads that are
essential to the reliability of the bulk
electric system as interruptible load,
curtailable load, and demand response
during extreme cold weather periods
within each balancing authority area.27
11. Proposed Reliability Standard
EOP–011–4 Requirement R1 would also
require that transmission operators
implement operator-controlled manual
load shed, Undervoltage Load Shed
(UVLS), or UFLS in operating plans.28
Proposed Requirement R7 requires
transmission operators to annually
identify and notify distribution
providers, UFLS-only distribution
providers, and transmission owners that
that they are required to assist with the
mitigation of operating emergencies in
its transmission operator area.29 Finally,
proposed Requirement R8 states that
each distribution provider, UFLS-only
distribution provider, and transmission
owner notified by a transmission
operator per proposed Requirement R7
to assist with the mitigation of operating
emergencies must develop, maintain,
and implement a load shedding plan.30
12. NERC also requests approval of
proposed Reliability Standard TOP–
002–5 to provide greater specificity
regarding the balancing authority’s
responsibilities in extreme cold
weather. According to NERC, this
proposed Reliability Standard would
address parts of Key Recommendation
1g of the November 2021 Report.31
13. According to NERC, proposed
Reliability Standard TOP–002–5 is
unchanged from the prior version
except for the addition of one new
requirement, Requirement R8.32
Proposed Requirement R8 would
26 NERC

Petition at 30–31; see also id. Ex. C–1 at

5.
27 Id.

at 39.

28 Id.
29 Id.

at 35.
at 35–36.
31 See id. at 41–42 (citing the November 2021
Report at 190–91, which states that key
recommendation 1g proposes enhancements to
Reliability Standard TOP–003 to provide greater
specificity about the relative roles of the generator
owner, generator operator, and balancing authority
in determining the generating unit capacity that can
be relied upon during ‘‘local forecasted cold
weather’’).
32 Proposed Reliability Standard TOP–002–5,
Requirements R1, R2, R3, R4, R5, R6, and R7 are
unchanged from the mandatory and enforceable
version, Reliability Standard TOP–002–4.

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require each balancing authority to have
an operating process 33 for extreme cold
weather that includes: (1) a
methodology for identifying ‘‘extreme
cold weather conditions’’ in the area; (2)
a methodology for determining an
appropriate extreme cold weather
reserve margin for the area, considering
the types of operating limitations that
have been known to limit resource
availability in cold weather; and (3) a
methodology for determining a five-day
hourly forecast that accounts for all
relevant operational considerations,
including resource availability, demand,
reserve requirements, and forecasted
weather.34
14. NERC requests that the
Commission approve the proposed
violation risk factors and violation
severity levels for proposed Reliability
Standards EOP–011–4 and TOP–002–5.
Further, NERC proposes an effective
date for proposed Reliability Standard
EOP–011–4 beginning on the first day of
the first calendar quarter that is six
months following regulatory approval.35
Once identified and notified to assist by
their transmission operators pursuant to
proposed Requirement R7, the newly
applicable entities (distribution
providers, UFLS-only distribution
providers, and transmission owners)
will have 30 months to develop a load
shedding plan pursuant to proposed
Requirement R8. Transmission
operators and balancing authorities
would also have 30 months from the
effective date of proposed Reliability
Standard EOP–011–4 to comply with
the revised provisions specific to UFLS,
UVLS, and critical gas infrastructure
loads.36 NERC also requests that the
Commission approve the retirement of
Reliability Standard EOP–011–3
immediately prior to the effective date
of Reliability Standard EOP–011–4; or,
of Reliability Standard EOP–011–2 if it
is the version of EOP–011 in effect at the
time that proposed Reliability Standard

EOP–011–4 becomes effective. NERC
explains that this proposed
implementation plan is necessary given
the large amount of interaction that will
be required between the applicable
entities and natural gas entities to
identify critical natural gas
infrastructure loads and account for
them as required in manual shedding
and underfrequency and undervoltage
load shedding schemes.37
15. NERC proposes an effective date
for proposed Reliability Standard TOP–
002–5 beginning on the first day of the
first calendar quarter that is 18 months
following regulatory approval. NERC
requests that the Commission approve
the retirement of Reliability Standard
TOP–002–4 immediately prior to the
effective date of Reliability Standard
TOP–002–5. NERC states that the
proposed implementation plan reflects
consideration of the time needed to
develop an extreme cold weather
operating process, with the required
methodologies reflecting the minimum
cold weather reliability considerations
identified in proposed Requirement
R8.38
16. Finally, NERC requests that the
Commission approve the proposed
Reliability Standards in an expedited
manner. NERC explains that, among
other things, expedited approval would
provide regulatory certainty to entities
seeking to implement the proposed
Reliability Standards ahead of the
mandatory and enforceable dates.39

33 NERC defines the term ‘‘operating process’’ as
a ‘‘document that identifies general steps for
achieving a generic operating goal. An operating
process includes steps with options that may be
selected depending upon Real-time
conditions. . . .’’ NERC, Glossary of Terms Used in
NERC Reliability Standards, 21 (Dec. 2023), https://
www.nerc.com/pa/Stand/GlossaryofTerms/
Glossary_of_Terms.pdf.
34 NERC Petition at 43–48.
35 See id. at Ex. B at 2–4; see also id. at 49 n.96
(observing that transmission operators will be
required to comply with proposed Reliability
Standard EOP–011–4 Requirement R7 and perform
their first annual identification and notification to
newly applicable entities by the effective date of the
Reliability Standard).
36 Proposed Reliability Standard EOP–011–4
Requirements R1, Part 1.2.5 (transmission operator),
Requirement R2 Part 2.2.8 and Part 2.2.9 (balancing
authority).

III. Determination

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II. Notice of Filing and Responsive
Pleadings
17. Notice of NERC’s October 30,
2023, petition was published in the
Federal Register, 88 FR 76,201 (Nov. 6,
2023), with comments, protests, and
motions to intervene due on or before
November 30, 2023.
18. There were no comments or
protests. Ameren Service Company, as
an agent for Union Electric Company,
filed a motion to intervene.
A. Procedural Matters
19. Pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214 (2023), the
timely, unopposed motions to intervene
serve to make the entities that filed
them parties to this proceeding.
B. Substantive Matters
20. Pursuant to section 215(d)(2) of
the FPA, we approve proposed
Reliability Standards EOP–011–4 and
37 NERC

Petition at 48–49.
at 50.
39 Id. at 53.
38 Id.

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TOP–002–5 as just, reasonable, not
unduly discriminatory or preferential,
and in the public interest. We also
approve the proposed Reliability
Standards’ associated violation risk
factors and violation severity levels,
proposed Reliability Standard TOP–
002–5 implementation plan, and the
retirement of currently effective
Reliability Standard TOP–002–4. We
agree with NERC that the proposed
modifications to the Reliability
Standards are consistent with and
respond to Key Recommendations 1g,
1h, and 1i from the November 2021
Report.40 Given the importance of these
revised Reliability Standards to
maintaining the reliable operation of the
Bulk-Power System, we strongly
encourage entities that are capable of
complying earlier than the mandatory
and enforceable date to do so.
21. We defer our decision on whether
to approve or modify NERC’s proposed
implementation plan for proposed
Reliability Standard EOP–011–4 (and
the proposed retirement of Reliability
Standard EOP–011–2) until NERC
submits the revised applicability section
for Reliability Standard EOP–012–1.41
As mentioned in the Commission’s
February 2023 Order,42 allowing
Reliability Standard EOP–011–2
requirements to remain mandatory and
enforceable until such time as the
revised applicability is effective for
Reliability Standard EOP–012–1 will
ensure all bulk electric system
generating units are required to
maintain cold weather preparedness
plans and associated trainings.
22. We find that proposed Reliability
Standard EOP–011–4 materially
improves the reliable operation of the
Bulk-Power System, is an improvement
over the 2021 and 2023-approved cold
weather Reliability Standards, and
enhances reliability by requiring
balancing authorities, transmission
operators, and load shedding entities to
account for critical natural gas
infrastructure loads in the demand
response and emergency load shedding
programs they oversee. Doing so will
help ensure that deploying these
programs in extreme cold weather
conditions will not exacerbate natural
gas fuel supply issues, which could
constrain generating unit capacity and
thereby threaten the reliable operation
of the Bulk-Power System. Accordingly,
40 See

November 2021 Report at 190–91, 208–09.
41 NERC states that it will submit a revised EOP–
012 Reliability Standard, specifically, Reliability
Standard EOP–012–2, by the Commission’s
February 2024 deadline. See NERC Petition at 21,
51.
42 See February 2023 Order, 182 FERC ¶ 61,094 at
PP 5, 59.

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we approve Reliability Standard EOP–
011–4 as proposed.
23. Under Reliability Standard EOP–
011–4, Requirement R1, each
transmission operator must include
provisions in its operating plan(s) for
the identification of designated critical
natural gas infrastructure loads that are
essential to the reliability of the bulk
electric system.43 This Reliability
Standard also requires that each
distribution provider, UFLS-only
distribution provider, and transmission
owner include provisions in its load
shedding plan(s) for the identification of
designated critical natural gas
infrastructure loads that are ‘‘essential
to the reliability of the bulk electric
system.’’ 44 While Reliability Standard
EOP–011–4 employs a flexible approach
for the above entities to identify critical
natural gas infrastructure loads, this
Reliability Standard may require
coordination and communication
between electric and natural gas entities
pertaining to extreme cold weather
beyond what has historically
occurred.45 As such, we strongly
encourage the electric and natural gas
entities that play a role in these
Reliability Standards to voluntarily
begin enhancing their coordination and
communication this winter season, prior
to the Reliability Standard’s mandatory
and enforceable effective date.
24. We find that proposed Reliability
Standard TOP–002–5 materially
improves the reliable operation of the
Bulk-Power System, represents an
improvement to the existing Reliability
Standards, and enhances reliability by
requiring that balancing authorities have
comprehensive operating processes for
extreme cold weather periods in their
areas. Proposed Reliability Standard
TOP–002–5 also requires each balancing
authority to notify the entities identified
in these operating plans of their
respective roles and to provide the
operating plans to its reliability
coordinator for visibility. Proposed
Reliability Standard TOP–002–5
recognizes that there have been several
past extreme cold weather events where
load and resource balancing issues have
occurred due to unexpected generator
trips and higher loads than forecasted.
Proposed Requirement R8 formalizes
the balancing authority’s process to
review and respond to oncoming
43 Reliability Standard EOP–011–4, Requirement
R1, Part 1.2.5.5.
44 Id., Requirement R8, Part 8.1.5.
45 See NERC Petition at 32–33 (stating that one
method for identifying such loads may include
distributing criteria to natural gas infrastructure
entities to identify the critical facilities that would
likely affect bulk electric system reliability
adversely if de-energized).

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conditions that may affect generation
availability and capability, to forecast
load, and to determine whether
additional capability or reserves should
be ready to serve loads during extreme
cold weather. These changes will be
beneficial by providing greater
specificity about the relative roles of
generators and the balancing authority
in preparing for reliable cold weather
operations. Accordingly, we approve
Reliability Standard TOP–002–5 as
proposed.
IV. Information Collection Statement
25. The information collection
requirements contained in this Order
are subject to review by the Office of
Management and Budget (OMB) under
section 3507(d) of the Paperwork
Reduction Act of 1995.46 OMB’s
regulations require approval of certain
information collection requirements
imposed by agency rules.47 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.
26. 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 minimizing respondents’ burden,
including the use of automated
information techniques.
27. The EOP Reliability 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–
011–2, EOP–004–4, EOP–005–3, EOP–
006–3, EOP–008–2, and EOP–012–1.
There is one Reliability Standard that is
being updated within the FERC–725S
due to the revisions in Docket No.
RD24–1–000: Reliability Standard EOP–
011–4. The currently approved
Reliability Standard is EOP–011–3,
which is being replaced by Reliability
Standard EOP–011–4 (Table 1).
28. The TOP Reliability Standards are
currently located in FERC–725A (OMB
Control No. 1902–0270) collection. This
46 44
47 5

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collection is currently approved by
OMB and contains Reliability Standards
TOP–001–4, TOP–002–4, TOP–003–4,
FAC–008–5, FAC–003–2, and
‘‘Mandatory Reliability Standards’’
recordkeeping and reporting. There are
six information collections within the
FERC–725A that will remain unchanged
from the revisions in Docket No. RD24–
1–000. These six collections include the
Reliability Standards: TOP–001–4,
TOP–003–4, FAC–008–5, FAC–003–2,
and ‘‘Mandatory Reliability Standards’’
recordkeeping and reporting. There is
one Reliability Standard being updated
within the FERC–725A due to revisions
in Docket No. RD24–1–000: Reliability
Standard TOP–002–4, which is being

replaced by Reliability Standard TOP–
002–5 (Table 2).
29. The number of respondents below
is based on an estimate of the NERC
compliance registry for balancing
authorities, transmission operators,
reliability coordinators, transmission
owners, distribution providers and
UFLS-Only distribution providers.
Reliability Standard EOP–011–4 applies
to balancing authorities, transmission
operators, reliability coordinators,
transmission owners, distribution
providers and UFLS-Only distribution
providers. Reliability Standard TOP–
002–5 applies to transmission operators
and balancing authorities, for this
estimate new Requirement R8 applies to

the balancing authorities. The
Commission based its paperwork
burden estimates on the NERC
compliance registry as of December 15,
2023. According to the registry there are
98 balancing authorities, 165
transmission operators, and 12
reliability coordinators. The estimates in
the tables below are based on the change
in burden from the Reliability Standards
approved in this order. The Commission
based the burden estimates in the tables
below on staff experience, knowledge,
and expertise.
30. Public Reporting Burden: The
estimated costs and burden for the
revisions in Docket No. RD24–1–000 are
shown in the tables below.

TABLE 1—PROPOSED CHANGES TO FERC 725S DUE TO MODIFICATIONS IN DOCKET NO. RD24–1–000
Reliability standard & requirement

Type 48 and
number of entity

Number of
annual
responses
per entity

Total number
of responses

Average number of burden
hours per response 49

Total burden hours

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

FERC–725S—Proposed estimates due to RD24–1 for EOP–011–4
One Time Estimate—Years 1 and 2 in EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4

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

165 (TOP) ..................
98 (BA) ......................
12 (RC) ......................
72 (UFLS-Only DP) ...
300 (DP) ....................
324 (TO) ....................

1
1
1
1
1
1

165 ....................
98 ......................
12 ......................
72 ......................
300 ....................
324 ....................

40
20
20
40
40
40

hrs.,
hrs.,
hrs.,
hrs.,
hrs.,
hrs.,

$3,031.60
$1,515.80
$1,515.80
$3,031.60
$3,031.60
$3,031.60

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

6,600 hrs., $500,214.00.
1,960 hrs., $148,548.40.
240 hrs., $18,189.60.
2,880 hrs., $218,275.20.
12,000 hrs., $909,480.00.
12,960 hrs., $982,238.40.

Sub-total of EOP–011–4 (One time) ...

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

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

971 ....................

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

36,640 hrs., $2,776,945.60.

Annualized One-Time Costs (average cost
per year is calculated by the sub-total divided by 3).

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

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

323.67 (rounded)

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

12,213 hrs. (rounded),
$925,623.27.

Ongoing Estimate—Year 3 ongoing EOP–011–4

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EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4
EOP–011–4

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

165 (TOP) ..................
98 (BA) ......................
12 (RC) ......................
72 (UFLS-Only DP) ...
300 (DP) ....................
324 (TO) ....................

1
1
1
1
1
1

165 ....................
98 ......................
12 ......................
72 ......................
300 ....................
324 ....................

20 hrs., $1,515.80 ..............
4 hrs., $303.16 ...................
4 hrs., $303.16 ...................
10 hrs., $757.90 .................
10 hrs., $757.90 .................
10 hrs., $757.90 .................

3,300 hrs., $250,107.00.
392 hrs., $29,709.68.
48 hrs., $3,637.92.
720 hrs., $54,568.80.
3,000 hrs., $227,370.00.
3,240 hrs., $245,559.60.

Sub-Total of EOP–011–4 (ongoing) ....
Sub-Total of ongoing burden averaged
over three years.

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

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

971 ....................
323.67 (rounded)

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

10,700, $810,953.00
3,566.67 hrs. (rounded),
$270,317.92.

Proposed Total Annual Burden Estimate of
EOP–011–4 (one-time plus ongoing).

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

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

647.34 ...............

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

15,779.67 hrs.,
$1,195,941.19 (rounded).

48 TOP = Transmission Operator, BA = Balancing
Authority, RC = Reliability Coordinator, UFLS-Only
DP = Underfrequency Load Shed-Only Distribution
Provider, DP = Distribution Provider, and TO =
Transmission Owner.

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49 The estimated hourly cost (salary plus benefits)
is a combination based on the Bureau of Labor
Statistics (BLS), as of 2023, for 75% of the average
of an Electrical Engineer (17–2071)¥$77.29,
mechanical engineers (17–2141)¥$87.38. $77.29 +

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$87.38/2 = 82.335 × .75 = 54.303 ($61.75 rounded)
($61.75/hour) and 25% of an Information and
Record Clerk (43–4199) $56.14 × .25% = 14.035
($14.04 rounded) ($14.04/hour), for a total ($61.75
+ $14.04 = $75.79/hour).

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TABLE 2—PROPOSED CHANGES TO FERC 725A DUE TO MODIFICATIONS IN DOCKET NO. RD24–1–000
Requirement change

Type 50 and
number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden & cost
per response 51

Total annual burden hours &
total annual cost

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

FERC–725A—Proposed estimates due to RD24–1
One Time Estimate—Years 1 and 2 in TOP–002–5
TOP–002–5 ........................................................

98 (BA)

1

98 ....................

40 hrs., $3,031.60 ....................

3,920 hrs., $297,096.80.

Ongoing Estimate—Year 3 ongoing TOP–002–5
TOP–002–5 ........................................................
Sub-Total of One-Time estimate for years
1 and 2.
Sub-Total for Ongoing estimate of year 3
and beyond.
Annualized one-time Total burden for years 1
and 2 (one-time sub-total divided by 3).
Annualized ongoing total burden for years 3
and beyond (ongoing sub-total divided by 3).
Annualized Total Burden Estimate of TOP–
002–5.

98 (BA)

1

98 ....................

20 hrs., $1,515.80 ....................

1,960 hrs., $148,548.40.

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

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

98 ....................

40 hrs., $3,031.60 ....................

3,920 hrs., $297,096.80.

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

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

98 ....................

20 hrs., $1,515.80 ....................

1,960 hrs., $148,548.40.

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

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

32.67 (rounded)

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

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

32.67 (rounded)

13.33 hrs. (rounded),
$1,010.28.
6.67 hrs., $505.52 (rounded) ...

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

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

65.34 ...............

20 hrs., $1,515.80 ....................

1,306.67 hrs., $99,032.52
(rounded).
653.33 hrs., $49,515.88
(rounded).
1,960 hrs., $148,548.40.

Titles: FERC–725S (Mandatory
Reliability Standards: Emergency
Preparedness and Operations (EOP)
Reliability Standards)); FERC–725A
(Mandatory Reliability Standards for the
Bulk-Power System).
Action: Revision to Existing
Collections of Information in FERC–
725S and FERC–725A.
OMB Control Nos: 1902–0270 (FERC
725S); 1902–0244 (FERC–725A).
Respondents: Business or other for
profit, and not for profit institutions.
Frequency of Responses: Annually.
Necessity of the Information:
Reliability Standards EOP–011–4
(Emergency Operations) and TOP–002–
5 (Operations Planning) 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 Reliability
Standard EOP–011–4 addresses the
effects of operating emergencies by
ensuring that each transmission
operator and balancing authority has
developed plan(s) to mitigate operating
emergencies and that those plans are
implemented and coordinated within
the reliability coordinator area. Further,
50 BA

= Balancing Authority.
estimated hourly cost (salary plus benefits)
is a combination based on the Bureau of Labor
Statistics (BLS), as of 2023, for 75% of the average
of an Electrical Engineer (17–2071)¥$77.29,
mechanical engineers (17–2141)¥$87.38. $77.29 +
$87.38/2 = 82.335 × .75 = 54.303 ($61.75 rounded)
($61.75/hour) and 25% of an Information and
Record Clerk (43–4199) $56.14 × .25% = 14.035
($14.04 rounded) ($14.04/hour), for a total
($61.75+$14.04 = $75.79/hour).

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51 The

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Jkt 262001

revised Reliability Standard TOP–002–5
ensures that transmission operators and
balancing authorities have plans for
operating within specified limits.
Internal review: The Commission has
reviewed the revised Reliability
Standards and made a determination
that its action is necessary to implement
section 215 of the FPA. The
Commission has assured itself, by
means of its internal review, that there
is specific, objective support for the
burden estimates associated with the
information requirements.
a. Description of the Revision to
FERC–725S: The FERC–725S (OMB
Control No. 1902–0270) is an existing
information collection that contains the
requirements for the EOP–011–3
Reliability Standard. As described in the
Docket No. RD24–1–000 above, the
Reliability Standard (EOP–011–3) is
proposed to be retired and replaced by
EOP–011–4.
b. Description of the Revision to
FERC–725A: The FERC–725A (OMB
Control No. 1902–0244) is an existing
information collection that contains the
requirements for the TOP–002–4
Reliability Standard.52 As described in
Docket No. RD24–1–000 above,
Reliability Standard TOP–002–4 is
approved to be retired and replaced by
TOP–002–5.
31. 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
52 This

collection is currently pending at OMB for
an unrelated matter.

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[Attention: Jean Sonneman, email:
[email protected], phone: (202)
502–8663, fax: (202) 273–0873].
32. Comments concerning the
information collections and
requirements approved for retirement in
this order and the associated burden
estimates, should be sent to the
Commission (identified by Docket No.
RD24–1–000), using the following
methods: Electronic filing through
https://www.ferc.gov is preferred.
Electronic Filing should be filed in
acceptable native applications and
print-to-PDF, but not in scanned or
picture format. For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery: Mail via U.S. Postal
Service Only: Addressed to: Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426. Hand
(including courier) delivery: Deliver to:
Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD
20852.
V. Environmental Analysis
33. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.53 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
53 Reguls. Implementing the Nat’l Env’t Pol’y Act,
Order No. 486, FERC Stats. & Regs. ¶ 30,783 (1987)
(cross-referenced at 41 FERC ¶ 61,284).

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are rules that are clarifying, corrective,
or procedural or that do not
substantially change the effect of the
regulations being amended.54 The
actions directed herein fall within this
categorical exclusion in the
Commission’s regulations.
VI. Document Availability

lotter on DSK11XQN23PROD with NOTICES1

34. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (http://
www.ferc.gov).
35. 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.
36. 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–011–4
and TOP–002–5 and their associated
violation risk factors and violation
severity levels are hereby approved, as
discussed in the body of this order.
(B) The decision on whether to
approve or modify NERC’s proposed
implementation date for Reliability
Standard EOP–011–4 (and the proposed
retirement of Reliability Standard EOP–
011–2 and EOP–011–3) is hereby
deferred until NERC submits its revised
applicability section for Reliability
Standard EOP–012–2.
By the Commission. Commissioner
Clements is concurring with a separate
statement attached.

54 18

CFR 380.4(a)(2)(ii) (2023).

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17:10 Feb 21, 2024

Jkt 262001

Issued: February 15, 2024.
Debbie-Anne A. Reese,
Acting Secretary.

United States of America
Federal Energy Regulatory Commission
North American Electric Reliability
Corporation
Docket No. RD24–1–000
(Issued February 14, 2024)
CLEMENTS, Commissioner, concurring:
1. While I am voting with my
colleagues to approve these revised
Reliability Standards, I am writing
separately to express my concern with
the delayed implementation timeline for
EOP–011–4.
2. Today’s order highlights ‘‘the
importance of these revised Reliability
Standards to maintaining the reliable
operation of the Bulk-Power System.’’ 1
But this stated importance is undercut
by the extended time granted to affected
Registered Entities to implement the
new requirements. Specifically, NERC
proposed that EOP–011–4 become
effective on the first day of the first
calendar quarter that is six months
following regulatory approval,2 and
then for each affected Registered Entity
to have at least 30 months after this
effective date to comply with the new
and revised provisions of the
requirement.3 Under the best of
scenarios, this would mean that these
new and revised provisions would be
implemented no sooner than April 1,
2027—three years, and crucially, three
winters from today.4
3. Three years after regulatory
approval to implement changes to a
Reliability Standard is an awfully long
time. By the time these standards are
implemented, recent experience has
taught us that we are likely to face one
or more dangerous winter storms. As
with Uri in February 2021, Elliott in
December 2022, and Gerri/Heather in
January 2024, widespread, long duration
winter storms that threaten the
reliability of our system are no longer
1 Order,
2 By

186 FERC ¶ 61,115, at P 20 (2024).
my calculation, this would mean October 1,

2024.
3 NERC, Petition, Docket No. RD24–1–000,
Exhibit B ‘‘Implementation Plan’’ at 3 (filed Oct. 30,
2023).
4 However, as discussed in the draft order, the
actual effective date and implementation plan for
EOP–011–4 hinges on NERC’s upcoming
submission, and Commission approval, of a revised
applicability section for EOP–012. If the
Commission was to reject the revised applicability
section of EOP–012, it is unclear to me when we
can expect the requirements to EOP–011–4 (and the
preceding, but also yet to be effective, EOP–011–3)
to be implemented.

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rare events, but rather nearly annual
occurrences.
4. I appreciate that NERC has
continually worked with its
stakeholders to advance improved
Reliability Standards for cold weather
operations and preparedness following
Winter Storm Uri and the subsequent
Staff Report.5 I also recognize that the
30-month implementation timeframe is
responsive to some stakeholders’
concerns about the potential time
needed to implement any physical
changes necessary to comply with the
requirements of the revised standard.
However, considering the urgency of the
winter storm risk that faces our system,
this is not the first time that I have been
left wondering if our processes for
drafting and implementing needed
Reliability Standards, whether they be
cold weather standards or cybersecurity
standards, are too slow to keep up with
needed change.6
For these reasons, I respectfully
concur.
Allison Clements,
Commissioner.
[FR Doc. 2024–03608 Filed 2–21–24; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 7987–016]

Up Property 2, LLC; Notice of Intent To
Prepare an Environmental Assessment
On October 5, 2023, as supplemented
on October 20, 2023, November 3, 2023,
and November 13, 2023, UP Property 2,
LLC filed an application to surrender
the exemption for and remove the High
5 See FERC, NERC, and Regional Entity Staff, The
February 2021 Cold Weather Outages in Texas and
the South Central United States, 19 (Nov. 16, 2021)
(November 2021 Report), https://www.ferc.gov/
media/february-2021-cold-weather-outages-texasand-south-central-united-states-ferc-nerc-and.
6 See, e.g., Transcript of the 1097th Meeting,
FERC, at 21 (Jan. 19, 2023), https://www.ferc.gov/
media/transcript-january-2023-commission-meeting
(‘‘I’m very pleased that we are directing a firm 15month deadline for NERC to propose the
standards. . . . The processes take time, but it is
imperative that we get this important cybersecurity
measure in place as quickly as it is feasible.’’);
Transcript of the 1098th Meeting, FERC, at 23–24
(Feb. 16, 2023), https://www.ferc.gov/media/
transcript-february-2023-commission-meeting
(‘‘[T]he critical generator weatherization
requirements as proposed are, to be frank, not up
to the task. The proposal before us requires existing
generators to weatherize so they are capable of
operating for one hour at extreme cold temperatures
beginning in April of 2027. . . . [W]aiting [for] four
additional winters before weatherization
requirements actually kick in does not reflect the
urgency we feel.’’).

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