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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules
descent, and landing, unless the jam is shown to be extremely improbable or can be alleviated.
Issued in Fort Worth, Texas.
Jorge Castillo, Manager, Strategic Policy Rotorcraft Section, Policy and Innovation Division, Aircraft Certification Service.
FR Doc. 202101958 Filed 12821; 8:45 am BILLING CODE 491013P

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission 18 CFR Part 39
Docket No. RM2112000

Revisions to Regulations on Electric Reliability Organization Performance Assessments Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:

The Federal Energy Regulatory Commission Commission proposes to amend the Commissions regulations to require the Commissioncertified Electric Reliability Organization to submit assessments of its performance every three years instead of the current period of every five years. The Commission also proposes to add to the Commissions regulations a requirement for the Electric Reliability Organization to include in its performance assessment a detailed discussion of any areas of the Electric Reliability Organizations responsibilities and activities, or a Regional Entitys delegated functions, beyond those required by the Commissions regulations, that the Commission has identified at least 90
days prior to the expected performance assessment submission date. Finally, the Commission proposes formalizing the method for the Electric Reliability Organization and Regional Entities to receive and respond to recommendations by the users, owners, and operators of the Bulk-Power System, and other interested parties for improvement of the Electric Reliability Organizations operations, activities, oversight and procedures.
DATES: Comments are due March 1, 2021.
ADDRESSES: Comments, identified by docket number, may be filed electronically at http www.ferc.gov in acceptable native applications and print-to-PDF, but not in scanned or picture format. For those unable to file
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SUMMARY:

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electronically, comments may be filed by mail to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. Hand-delivered comments must be delivered to: Federal Energy Regulatory Commission, 12225
Wilkins Avenue, Rockville, Maryland 20852. The Comment Procedures Section of this document contains more detailed filing procedures.
FOR FURTHER INFORMATION CONTACT:
Leigh Anne Faugust Legal Information, Office of the General Counsel, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426, Telephone: 202 5026396.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the Federal Power Act FPA,1 the Commission proposes to amend 39.3c of the Commissions regulations to require the Commissioncertified Electric Reliability Organization ERO to submit assessments of its performance every three years instead of the current period of every five years.2 We believe that the proposed amendment will provide better continuity in our review of the EROs operations, activities, oversight, procedures, and evaluation of the effectiveness of each Regional Entity in the performance of delegated functions.
We also believe the proposed shorter performance assessment cycle will provide an opportunity to identify potential improvements with regards to ERO performance in a more timely fashion, allow for changes to be made in a more timely manner, and improve the efficiency of the overall performance assessment process.
2. Also, pursuant to section 215 of the FPA, we propose to add paragraph iv to 39.3c1 of the Commissions regulations to require the Commissioncertified ERO to include in its performance assessments a detailed discussion of any areas of the EROs responsibilities and activities, or the Regional Entities delegated functions, beyond those required by 39.3c1i, ii, and iii, that the Commission identifies for inclusion at least 90 days prior to the expected performance assessment submission date.
3. Finally, we propose to amend 39.3c1ii of the Commissions regulations to require the ERO to solicit via a formal public comment period recommendations by the users, owners, and operators of the Bulk-Power System, and other interested parties for improvement of the EROs operations, activities, oversight and procedures.
1 16
2 18

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U.S.C. 824o.
CFR 39.3c.

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I. Background A. Section 215 of the FPA
4. Section 215 of the FPA requires the Commission to issue regulations that, among other things, provide for the certification of an entity as the ERO if it meets certain criteria.3 Specifically, FPA section 215c establishes that an ERO candidate must have the ability to develop and enforce mandatory Reliability Standards that provide for an adequate level of reliability of the BulkPower System.4 The statute also requires that an ERO candidate have established rules that: 1 Assure independence, while assuring fair stakeholder representation and balanced decision-making; 2 equitably allocate reasonable dues, fees, and other charges;
3 provide fair and impartial procedures for enforcing Reliability Standards through imposition of penalties; 4 provide reasonable notice and opportunity for public comment, due process, and balance in developing Reliability Standards and otherwise exercising its duties; and 5 provide appropriate steps to gain recognition in Canada and Mexico.
5. FPA section 215e4 provides that the ERO may delegate authority to a Regional Entity for the purpose of proposing regional Reliability Standards and enforcing Reliability Standards.
Regional Entities must meet the same statutory criteria as those required for Commission certification of an ERO, except that more flexibility is allowed in the composition of a Regional Entity board of directors. The Commission must approve a delegation agreement between the ERO and a Regional Entity, and the Commission is authorized to modify such delegation.
B. Order No. 672
6. On February 3, 2006, the Commission issued Order No. 672, which amended the Commissions regulations to implement the requirements of FPA section 215.5 In Order No. 672, the Commission 3 16 U.S.C. 824o; on July 20, 2006, the Commission certified NERC as the ERO for the continental United States under FPA section 215c. North American Electric Reliability Corp., 116 FERC 61,062, order on rehg and compliance, 117 FERC 61,126 2006, order on compliance, 118 FERC 61,030, order on compliance, 118 FERC
61,190, order on rehg, 119 FERC 61,046 2007, affd sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342
D.C. Cir. 2009.
4 Id. section 824oc.
5 Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, Order No. 672, 71 FR
8662 Feb. 17, 2006, 114 FERC 61,104, at P 186, order on rehg, Order No. 672A, 114 FERC 61,328
2006.

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