RD22-5 order & 60-day notice published 11 23 2022

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

exercise its reserved authority to require
interim protective measures, that NMFS
deemed necessary on the annual license
to protect listed salmonid species at the
project. In a July 12, 2022 letter, PG&E
declined to volunteer to file an
amendment application to adopt NMFS’
proposed interim measures.
In this proceeding, after notice and
opportunity for hearing, the
Commission may find cause to reopen
the annual license terms to require
changes in the project works or
operations that may be necessary to
protect federally listed species.
m. Location of the Proceeding: This
filing may be viewed on the
Commission’s website at http://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. You may
also register online at http://
www.ferc.gov/docs-filing/
esubscription.asp to be notified via
email of new filings and issuances
related to this or other pending projects.
At this time, the Commission has
suspended access to the Commission’s
Public Reference Room, due to to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVD–19), issued
by the President on March 13, 2020. For
assistance, call 1–866–208–3676 or
email [email protected], for
TTY, call (202) 502–8659. Agencies may
obtain copies of the application directly
from the applicant.
n. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
o. Comments, Protests, or Motions to
Intervene: Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214,
respectively. In determining the
appropriate action to take, the
Commission will consider all protests or
other comments filed, but only those
who file a motion to intervene in
accordance with the Commission’s
Rules may become a party to the
proceeding. Any comments, protests, or
motions to intervene must be received
on or before the specified comment date
for the particular application.
p. Filing and Service of Documents:
Any filing must (1) bear in all capital
letters the title ‘‘COMMENTS,’’
‘‘PROTEST,’’ or ‘‘MOTION TO
INTERVENE’’ as applicable; (2) set forth
in the heading the name of the applicant
and the project number of the
application to which the filing
responds; (3) furnish the name, address,

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and telephone number of the person
commenting, protesting or intervening;
and (4) otherwise comply with the
requirements of 18 CFR 385.2001–
385.2005. All comments, motions to
intervene, or protests must set forth
their evidentiary basis. Any filing made
by an intervenor must be accompanied
by proof of service on all persons listed
in the service list prepared by the
Commission in this proceeding, in
accordance with 18 CFR 385.2010.
Dated: November 16, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022–25462 Filed 11–22–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. [RD22–5–000]

North American Electric Reliability
Corporation; Order Approving
Reliability Standards FAC–001–4 and
FAC–002–4
Before Commissioners: Richard Glick,
Chairman; James P. Danly, Allison
Clements, Mark C. Christie, and Willie
L. Phillips;
1. On June 14, 2022, the North
American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization (ERO), submitted a
petition seeking approval of proposed
Reliability Standards FAC–001–4
(Facility Interconnection Requirements)
and FAC–002–4 (Facility
Interconnection Studies) (collectively,
the FAC Reliability Standards).1 As
discussed in this order, pursuant to
section 215(d)(2) of the Federal Power
Act (FPA), we approve the FAC
Reliability Standards, their associated
violation risk factors and violation
severity levels, the proposed
implementation plan, and the
retirement of the currently effective
versions of the FAC Reliability
Standards immediately prior to the
effective date of the revised FAC
Reliability Standards.2 As discussed in
this order, we determine that the FAC
Reliability Standards improve upon the
currently effective Reliability Standards
FAC–001–3 and FAC–002–3 by
ensuring that changes to existing
1 The proposed Reliability Standards are not
attached to this order. The proposed Reliability
Standards are available on the Commission’s
eLibrary document retrieval system in Docket No.
RD22–5–000 and on the NERC website,
www.nerc.com.
2 16 U.S.C. 824o(d)(2).

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interconnected Facilities that have
reliability impacts are properly
addressed in interconnection
requirements and studies.
I. Background
A. Section 215 and Mandatory
Reliability Standards
2. 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.3 Pursuant to
section 215 of the FPA, the Commission
established a process to select and
certify an ERO,4 and subsequently
certified NERC.5
B. NERC Petition and Proposed FAC
Reliability Standards
3. On June 14, 2022, NERC submitted
a petition seeking approval of the FAC
Reliability Standards. NERC also
requested that the Commission approve
the associated violation risk factors and
violation severity levels, the proposed
implementation plan, and the
retirement of the currently effective
versions of the FAC Reliability
Standards immediately prior to the
effective date of the revised FAC
Reliability Standards.
4. NERC explains that the proposed
modifications to the FAC Reliability
Standards stem from recommendations
in the NERC Inverter-Based Resource
Performance Task Force’s 6 (IRPTF)
March 2020 white paper.7 Consistent
with the IRPTF’s recommendations,
NERC proposes to modify the FAC
Reliability Standards in two ways. First,
NERC proposes to replace the term
‘‘materially modifying,’’ which is used
in Commission’s interconnection
3 16

U.S.C. 824o.
Concerning Certification of the Elec.
Reliability Org.; & Procedures 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).
5 N. Am. Elec. Reliability Corp., 116 FERC
¶ 61,062, order on reh’g and compliance, 117 FERC
¶ 61,126 (2006), order on compliance, 118 FERC
¶ 61,030, order on clarification and reh’g, 119 FERC
¶ 61,046 (2007), aff’d sub nom. Alcoa Inc. v. FERC,
564 F.3d 1342 (D.C. Cir. 2009).
6 NERC states that the IRPTF was created after
several grid disturbances involving inverter-based
resources. As part of its work, the IRPTF completed
a comprehensive review of NERC’s Reliability
Standards to determine areas where the current
standards were not sufficient to address the
increase in inverter-based resources on the BulkPower System. See NERC Petition at 9–10.
7 NERC IRPTF, IRPTF Review of NERC Reliability
Standards (Mar. 2020), (IRPTF White Paper),
https://www.nerc.com/comm/PC/InverterBased%20
Resource%20Performance%20
Task%20Force%20IRPT/Review_of_NERC_
Reliability_Standards_White_Paper.pdf.
4 Rules

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

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process,8 and replace it with the term
‘‘qualified change.’’ According to NERC,
the IRPTF noted in its white paper that
confusion between the Commissiondefined term ‘‘Material Modification’’ in
the pro forma interconnection
procedures and agreements and the
undefined term ‘‘materially modify’’ in
the standards ‘‘could result in Facility
changes that are potentially significant
for reliability not being studied under
the FAC standards because the changes
would not have a ‘material impact’ on
other generators in the interconnection
queue.’’ 9 This is because, as used in the
Commission’s pro forma
interconnection procedures and
agreements, Material Modifications only
refer to changes that have a ‘‘material
impact’’ on other generators in the
interconnection queue, whereas in the
FAC Reliability Standards, the
undefined term ‘‘materially modify’’
was used to refer to any change that
could have reliability impacts on the
system. Thus, NERC states that the term
‘‘qualified change’’ would refer to
‘‘changes to existing interconnected
Facilities that can have reliability
impacts’’ and would ensure that they
are ‘‘properly addressed in
interconnection requirements and
studies.’’ 10
5. Second, NERC explains that the
proposed FAC Reliability Standards
identify the planning coordinator as the
entity responsible for developing a
uniform definition of ‘‘qualified
change’’ that describes the changes to
interconnected Facilities that must be
addressed in interconnection
requirements and studies under the FAC
Reliability Standards. NERC states that
planning coordinators ‘‘are encouraged
to coordinate with other entities in
developing their definitions.’’ 11 Once
the planning coordinator defines what is
a qualified change within its footprint,
it must ‘‘maintain a publicly available
definition of qualified change for the
purposes of facility interconnection.’’ 12
Finally, the proposed FAC Reliability
Standards require applicable entities
within that planning coordinator’s area
to include procedures for coordinating
impacts of qualified changes in their
interconnection requirements and
require entities seeking to make
8 IRPTF White Paper at 1 (referring to the term
‘‘Material Modification,’’ which is defined in the
Commission’s pro forma generator interconnection
procedures and agreements as those modifications
that have a material impact on the cost or timing
of any interconnection request with a later queue
priority date. See, e.g., pro forma Large Generator
Interconnection Agreement, Art. 1, Definitions).
9 Id. at 11.
10 NERC Petition at 8.
11 Id. at 16.
12 Id. at 12.

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qualified changes to adhere to the
definition in their interconnection
procedures and studies.13
6. NERC proposes an implementation
plan for the proposed FAC Reliability
Standards. The proposed
implementation plan provides that the
proposed FAC Reliability Standards
would become effective on the first day
of the first calendar quarter that is 12
months after applicable regulatory
approval and that the currently effective
versions of the standards would be
retired immediately prior to the
effective date of the revised FAC
Reliability Standards.14 Further, the
proposed implementation plan provides
that, where the planning coordinator’s
definition of ‘‘qualified change’’ differs
from what an applicable entity may
have considered a ‘‘materially
modifying’’ change in Facility
interconnection requirements or studies
under the current standards, those
entities will have an additional 12
months from the effective date to come
into compliance with the revised
standards. NERC explains that this
implementation timeline reflects
consideration that planning
coordinators will need a reasonable
period of time to develop a definition of
‘‘qualified change’’ for their respective
areas under proposed Reliability
Standard FAC–002–4 Requirement R6
and to make that definition publicly
available.15 NERC asserts that the
proposed implementation plan provides
a reasonable period of time for entities
to comply, considering the process
required for the new requirements, and
thus strikes an appropriate balance with
the urgency to implement the proposed
FAC Reliability Standards.16
7. Finally, NERC proposes
modifications to the associated violation
risk factors and violation severity levels
for these FAC Reliability Standards. The
changes are mostly clarifications in the
violation severity levels to match
changes in Requirement language. One
new violation risk factor and violation
severity level assignment was added for
new Requirement R6 in FAC–002–4.17
II. Notice of Filing and Responsive
Pleadings
8. Notice of NERC’s June 14, 2022,
petition was published in the Federal
Register, 87 FR 62401 (Oct. 14, 2022),
with interventions and protests due on
or before October 28, 2022. None was
filed.
13 Id.
14 Id.,

Ex. B at 2–3.
at 19.
16 Id. at 20.
17 Id. at Ex. E.

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III. Determination
9. Pursuant to section 215(d)(2) of the
FPA, we approve the FAC Reliability
Standards as just, reasonable, not
unduly discriminatory or preferential
and in the public interest. We conclude
that the proposed FAC Reliability
Standards are an improvement over the
currently effective Reliability Standards
FAC–001–3 and FAC–002–3 and will
improve Bulk-Power System reliability
by helping to ensure that changes to
existing interconnected facilities that
have reliability impacts are properly
addressed in interconnection
requirements and studies. We find that
proposed Reliability Standard FAC–
002–4 Requirement R6 will avoid
potential disputes over changes to
facilities that require additional study
by authorizing the planning coordinator
to define the term ‘‘qualified change’’
and requiring public posting of the
definition. Replacing ‘‘materially
modify’’ with ‘‘qualified change’’ also
removes the possibility of confusion
with the Commission’s defined term
‘‘Material Modification’’ in its pro forma
interconnection procedures and
agreements.
10. We also approve the proposed
implementation plan. The
implementation plan provides that the
proposed FAC Reliability Standards
would become effective on the first day
of the first calendar quarter that is 12
months after applicable regulatory
approval and an additional 12 months
under certain circumstances. We find
that the proposed implementation plan
provides a reasonable period of time for
entities to comply with the new
requirements and strikes an appropriate
balance with the urgency to implement
the proposed FAC Reliability Standards.
11. Finally, we approve NERC’s
proposed clarifying revisions to the
existing violation risk factor and
violation severity level assignments for
these FAC Reliability Standards, as well
as the new violation risk factor and
violation severity level assignment to
Requirement R6 in FAC–002–4.
IV. Information Collection Statement
12. In compliance with the
requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C.
3506(c)(2)(A), the Commission is
soliciting public comment on FAC
Reliability Standards; and the new
collection FERC–725D(1),18 which will
be submitted to the Office of
Management and Budget (OMB) for a
18 FERC–725D(1) is a temporary placeholder
number to avoid conflicting with the pending
request already submitted to OMB regarding FERC–
725D.

15 Id.

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review of the information collection
requirements. Comments on the
collection of information are due to
OMB within 60 days of the date this
order is published in the Federal
Register. Respondents subject to the
filing requirements of this order will not
be penalized for failing to respond to
these collections of information unless
the collections of information display a
valid OMB control number.
13. The information collection
requirements are subject to review by
the OMB under the Paperwork
Reduction Act at 44 U.S.C. 3507(d).
OMB’s regulations at CFR 1320.11
require approval of certain information
collection requirements imposed by
agency rules.19 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. Specifically,
the Commission asks that any revised
burden or cost estimates submitted by
commenters be supported by sufficient
detail to understand how the estimates
are generated.
14. Please send comments concerning
the collection of information and the
associated burden estimates to OMB
through www.reginfo.gov/public/do/
PRAMain, Attention: Federal Energy
Regulatory Commission Desk Officer.
Please identify the OMB Control
Number 1902–NEW in the subject line.
15. Please submit copies of your
comments (identified by Docket No.
RD22–5–000) to the Commission as
noted below. Electronic filing through
http://www.ferc.gov is preferred.
Electronic Filing: Documents must 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.
a. Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
b. Hand (Including Courier) Delivery:
Deliver to: Federal Energy Regulatory
19 5

CFR 1320 (2021).

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Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
16. Instructions: OMB submissions
must be formatted and filed in
accordance with submission guidelines
at: www.reginfo.gov/public/do/
PRAMain; using the search function
under the ‘‘Currently Under Review
field,’’ select Federal Energy Regulatory
Commission, click ‘‘submit,’’ and select
‘‘comment’’ to the right of the subject
collection.
17. Title: FERC–725D1, RD22–5–000,
Mandatory Reliability Standards FAC–
001–4 and FAC–002–4.
18. OMB Control No.: 1902–NEW.
19. Respondents: Transmission
owners, generator owners, and planning
coordinators.20
20. Frequency of Information
Collection: Once during years 1 and 2.
On occasion during year 3 and beyond.
21. Abstract: The Facility Design,
Connections, and Maintenance
Reliability Standards address topics
such as facility interconnection
requirements, facility ratings, system
operating limits, and transfer
capabilities. At present, Reliability
Standard FAC–001–003 requires
Transmission Owners and applicable
Generator Owners to complete
coordinated studies for new or
‘‘materially modified’’ existing
interconnections. Reliability Standard
FAC–001–4 revises that requirement by
applying it to ‘‘qualified changes’’
instead of ‘‘materially modified’’
interconnections. This revision is
intended to prevent confusion with the
Commission-defined term ‘‘Material
Modification’’ in the pro forma
interconnection procedures and
agreements. In this order, the
Commission determines that in some
cases, a consequence of this confusion
may be that reliability inappropriately is
not being studied under the FAC
standards. The term ‘‘qualified change’’
would refer to changes to existing
interconnected facilities that can have
reliability impacts and would help
ensure that they are properly addressed
20 The NERC Glossary, at https://www.nerc.com/
pa/Stand/Glossary%20of%20Terms/Glossary_of_
Terms.pdf, defines these terms. A Transmission
Owner is the entity that owns and maintains
transmission facilities. A Generator Owner is the
entity that owns and maintains generating units. A
Planning Coordinator (formerly known as a
Planning Authority) is the responsible entity that
coordinates and integrates transmission facilities,
service plans, resource plans, and protection
systems.

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in interconnection requirements and
studies. The order also would revise
Requirement R6 of existing Reliability
Standard FAC–002–3 by authorizing the
planning coordinator to define the term
‘‘qualified change’’ and requiring public
posting of the definition. The
implementation of Reliability Standards
FAC–001–4 and FAC–002–4 will ensure
that there is appropriate coordination
and communication regarding the
interconnection of facilities.
22. Necessity of Information:
Mandatory.
23. Internal Review: The Commission
has reviewed the changes and has
determined that the described
information collection activities are
necessary. These requirements conform
to the Commission’s need for efficient
information collection, communication,
and management within the energy
industry. The Commission has specific,
objective support for the burden
estimates associated with the
information collection requirements.
24. Respondents have already
provided information under 725D. The
proposed new collection FERC–725D1
would result in a minor additional
burden to planning coordinators, due to
the requirement that they develop the
definition of ‘‘qualified change’’ for new
and existing interconnections of
generation, transmission or electricity
end user facilities. This burden would
be expected to be greater in years one
and two than in year three and beyond
for FAC–002–4. No change in burden is
estimated for applicable entities for
FAC–001–4 as their responsibilities will
remain the same.
25. The number of respondents below
is based on an estimate of the NERC
compliance registry for planning
coordinators (63). The Commission
based its paperwork burden estimates
on the NERC compliance registry as of
September 16, 2022.
Public Reporting Burden: The burden
and cost estimates below are based on
the increase in the reporting and
recordkeeping burden imposed by the
proposed Reliability Standards. Our
estimates are based on the NERC
Compliance Registry as of September
16, 2022, which indicates the affected
entities for FAC–001–2/FAC–002–2
expected to have a change in burden,
i.e., planning coordinators (63).

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71605

PROPOSED INFORMATION COLLECTION ACTIVITIES DUE TO DOCKET NO. RD22–5
Reliability standard
FAC–002–4

Type 21 and number of
entity

Number of
annual
responses
per entity

Total number
of responses

Average number of
burden hours
per response

Total burden hours

(1)

(2)

(1) * (2) = (3)

(4) 22

(3) * (4) = (5)

One Time Estimate Years 1 and 2
FAC–002–4 ......................

PA/PC (63) .....................

1

63

120 hrs.; $7,200 .............

7,560 hrs.; $453,600.

40 hrs.; $2,520 ...............

2,520 hrs.; $158,760.

Ongoing Estimate Year 3 ongoing
FAC–002–4 ......................

PA/PC (63) .....................

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V. Document Availability
26. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (http://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE,
Room 2A, Washington, DC 20426.
27. 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.
28. 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:
The Commission hereby approves
Reliability Standards FAC–001–4 and
FAC–002–4, their associated violation
risk factors and violation severity levels,
implementation plan, and the
retirement of the currently effective
Reliability Standards FAC–001–3 and
21 PA/PC=Planning Coordinator. Note that
Planning Coordinator (PC) is the new name for
Planning Authority—a term still used in NERC’s
Compliance Registry.
22 For purpose of estimate the majority of the
work on the ‘‘qualified change’’ definition for the
PA/PC will be done by
—Electrical engineer (OC 17–2071) $77.02
—Information/Record clerks (OC 43–4199) $42.35
The average hourly burden for this collection is
$59.69 [($77.02 + $42.35)/2 = $59.69] and is
rounded to $60.00 an hour.

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1

63

FAC–002–3 immediately prior to the
effective date of the revised Reliability
Standards, as discussed in the body of
this order.
By the Commission.
Issued: November 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022–25588 Filed 11–22–22; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC22–71–000.
Applicants: Canal Generating LLC,
Canal 3 Generating LLC, Bucksport
Generation LLC, Stonepeak Kestrel
Energy Marketing LLC.
Description: Response to November 4,
2022 Deficiency Letter of Canal
Generating LLC, et al.
Filed Date: 11/14/22.
Accession Number: 20221114–5413.
Comment Date: 5 p.m. ET 12/5/22.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER11–4339–002.
Applicants: ENBALA Power Networks
(USA), Inc.
Description: Notice of Non-Material
Change in Status of ENBALA Power
Networks (USA), Inc.
Filed Date: 11/14/22.
Accession Number: 20221114–5416.
Comment Date: 5 p.m. ET 12/5/22.
Docket Numbers: ER21–21–001.
Applicants: Harts Mill Solar, LLC.
Description: Refund Report: Refund
Report Filing in Docket ER21–21 to be
effective N/A.
Filed Date: 11/15/22.
Accession Number: 20221115–5004.

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Comment Date: 5 p.m. ET 12/6/22.
Docket Numbers: ER21–2460–003.
Applicants: New York Independent
System Operator, Inc.
Description: Compliance filing:
NYISO Compliance Filing re: June 2022
Order on NYISO’s Order No. 2222
Compliance to be effective 12/31/9998.
Filed Date: 11/14/22.
Accession Number: 20221114–5357.
Comment Date: 5 p.m. ET 12/5/22.
Docket Numbers: ER23–158–001.
Applicants: Public Service Company
of Colorado.
Description: Tariff Amendment: Errata
SCC_Attachment B and C to be effective
12/31/9998.
Filed Date: 11/10/22.
Accession Number: 20221110–5140.
Comment Date: 5 p.m. ET 11/17/22.
Docket Numbers: ER23–159–001.
Applicants: Public Service Company
of Colorado.
Description: Tariff Amendment: Errata
SCC_Joint Op. Agreement to be effective
12/31/9998.
Filed Date: 11/10/22.
Accession Number: 20221110–5097.
Comment Date: 5 p.m. ET 11/17/22.
Docket Numbers: ER23–161–001.
Applicants: Public Service Company
of Colorado.
Description: Tariff Amendment: Errata
SCC_Cost-based Coord. Services to be
effective 12/31/9998.
Filed Date: 11/10/22.
Accession Number: 20221110–5100.
Comment Date: 5 p.m. ET 11/17/22.
Docket Numbers: ER23–162–001.
Applicants: Public Service Company
of Colorado.
Description: Tariff Amendment:
Errata_Social Cost of Carbon to be
effective 12/31/9998.
Filed Date: 11/10/22.
Accession Number: 20221110–5095.
Comment Date: 5 p.m. ET 11/17/22.
Docket Numbers: ER23–428–000.
Applicants: AEP Texas Inc.
Description: § 205(d) Rate Filing:
AEPTX-Oncor 5th A&R Interconnection
Agreement to be effective 11/3/2022.

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23NON1