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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations regulatory text will read as shown below.49
Information used to calculate any posting of ATC and TTC must be dated and timestamped and all calculations shall be performed according to consistently applied methodologies referenced in the Transmission Providers transmission tariff and shall be based on Commission-approved Reliability Standards, business practice and electronic communication standards, and related implementation documents, as well as current industry practices, standards and criteria. Such calculations shall be conducted in a manner that is transparent, consistent with anticipated system conditions and outages for the relevant timeframe, and not unduly discriminatory or preferential.

39. The revised regulatory text properly references the WEQ Business Practice Standards in place of the NERC
Mod A Reliability Standards that have been proposed for retirement. It also includes in the regulation Order No.
890s fundamental requirement that transmission provider ATC calculations must be transparent, consistent with anticipated system conditions and outages for the relevant timeframe, and not unduly discriminatory or preferential, but without introducing specific technical concepts that may be subject to differing interpretations.50 We adopt this regulatory text because it has the advantage of removing the most objectionable language opposed by commenters while including the fundamental requirements in Order No.
890, including that the determination of ATC must not be unduly discriminatory or preferential.
40. Commenters do not indicate a need at this time for additional ATC
standards or for the Commission to develop further regulations outside of the NAESB standards development process. The industry, through the NAESB process, should continue to consider further refinements to these standards to improve the accuracy of these calculations.
III. Waiver Requests and Implementation Issues
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A. Waiver Requests 1. Comments 41. The ISO/RTO Council asks the Commission to continue to acknowledge in its final rule that, consistent with Commission precedent and currentlyeffective policy, each public utility may seek as part of its compliance filing waiver of new or revised standards in 49 Additions to the current regulatory text at 18
CFR 37.6b2i are indicated by italics. Deletions to the regulatory text are indicated by brackets.
50 See, e.g., Order No. 890, 118 FERC 61,119 at P 2.

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the WEQ Version 003.3 Standards, and renewal of existing waivers previously granted by the Commission. The ISO/
RTO Council requests a similar clarification be included in the final rule for this proceeding.51
2. Commission Determination 42. Public utilities may seek waiver of the standards for newly developed or newly revised standards and for the renewal of existing waivers. Our policy on when these waivers will be granted or denied is not being changed in this final rule. The Commission has previously stated that if a public utility asserts that its circumstances warrant a continued waiver of the regulations, the public utility may file a request for a waiver wherein the public utility can detail the circumstances that it believes warrant a waiver.52 In its request for continued waiver, the public utility must include the date, docket number, and explanation for why the waiver was initially granted by the Commission.
The Commission will decide on any such waiver request on a case-by-case basis, and absent a Commissionapproved waiver, compliance with the standards is required by all public utilities.
B. Implementation 1. NOPR Proposal 43. In the WEQ Version 003.3 NOPR, the Commission proposed to implement the WEQ Version 003.3 Standards, other than those related to cybersecurity, under an 18-month implementation timeline. The Commission requested comments on how best to proceed with the implementation of the remaining WEQ 003.3 Standards, including the standards related to PFV and those related to OASIS. Specifically, the Commission requested comments on whether the Commission should require the industry to implement WEQ Version 003.2 prior to WEQ Version 003.3, or, alternatively, cancel the implementation obligation of WEQ Version 003.2 and instead require implementation of all accepted WEQ Version 003.3 Standards, including the WEQ Version 003.2
Standards, within 18 months.53
51 ISO/RTO

Council Comments at 1314.
Standards for Business Practices and Communication Protocols for Public Utilities, Order No. 676E, 74 FERC 63288 Dec. 3, 2009, 129 FERC
61,162, at P 107 2009.
53 This would include all WEQ Version 003.3
Standards except for the WEQ cybersecurity standards which have an earlier implementation timeline, as discussed in the NOPR, as well as the implementation of the NAESB ATC-related standards contained in WEQ023, which will be coordinated with the retirement of the NERC MOD
A Reliability Standards.
52 See
PO 00000

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2. Comments 44. Bonneville, EEI and OATI states the WEQ Version 003.2 Standards and the WEQ Version 003.3 Standards should have distinct, sequential implementation timelines that are separate and do not overlap.54
Bonneville states work is underway within the industry to implement the WEQ Version 003.2 Standards which should not be interrupted due to the Commissions adoption of the WEQ
Version 003.3 Standards.55 EEI states the implementation of the different versions simultaneously are not necessarily simple upgrades, and OASIS
updates, training and testing are required for successful implementation.56 OATI states separate implementation schedules will prevent wasted industry effort and cost.57
45. OATI states that the Commissions proposed 18 month implementation period for the WEQ Version 003.3
Standards should begin after the implementation period for WEQ Version 003.2 Standards ends.58 Bonneville, however, recommends a shorter implementation period of at least 12
months, also starting no sooner than the final compliance deadline for the WEQ
Version 003.2 Standards.59 The ISO/
RTO Council also supports an implementation date in October 2022
for the WEQ Version 3.3 Standards and recommends that the Commission provide public utilities with the option of implementing the WEQ Version 003.2
Standards either: a In October 2021
under the current implementation timeline for the WEQ Version 003.2
Standards and prior to WEQ Version 003.3 Standards; or b in October 2022
simultaneously with the WEQ Version 003.3 Standards.60 The ISO/RTO
Council states that the Commission should also permit parties to submit a single compliance filing and intended implementation schedule for both WEQ
Version 003.2 Standards and WEQ
Version 003.3 Standards.61
46. The ISO/RTO Council also requests that the PFV Standards be implemented on an expedited timeline similar to the timeframe for the WEQ
cybersecurity standards that is separate from the rest of the proposed modifications in the WEQ Version 003.3
54 Bonneville Comments at 5; EEI Comments at 2
3, 6; OATI Comments at 2.
55 Bonneville Comments at 5.
56 EEI Comments at 6.
57 OATI Comments at 3.
58 Id. at 4.
59 Bonneville Comments at 5.
60 ISO/RTO Council Comments at 3.
61 Id. at 1112.

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