18 Cfr 38

Federal Energy Regulatory Commission
one month in advance of expected significant increases in the volume of
automated queries.
[Order 605, 64 FR 34124, June 25, 1999]

PART
38—BUSINESS
PRACTICE
STANDARDS AND COMMUNICATION PROTOCOLS FOR PUBLIC
UTILITIES
Sec.
38.1 Applicability.
38.2 Incorporation by reference of North
American
Energy
Standards
Board
Wholesale Electric Quadrant standards.
AUTHORITY: 16 U.S.C. 791–825r, 2601–2645; 31
U.S.C. 9701; 42 U.S.C. 7101–7352.
SOURCE: Order 676, 71 FR 26212, May 4, 2006,
unless otherwise noted.

§ 38.1

Applicability.

This part applies to any public utility that owns, operates, or controls facilities used for the transmission of
electric energy in interstate commerce
or for the sale of electric energy at
wholesale in interstate commerce and
to any non-public utility that seeks
voluntary compliance with jurisdictional transmission tariff reciprocity
conditions.
[Order 698, 72 FR 38767, July 16, 2007]

§ 38.2 Incorporation by reference of
North American Energy Standards
Board Wholesale Electric Quadrant
standards.
(a) All entities to which § 38.1 is applicable must comply with the following business practice and electronic
communication standards promulgated
by the North American Energy Standards Board Wholesale Electric Quadrant, which are incorporated herein by
reference:
(1) Open Access Same-Time Information Systems (OASIS), Version 1.5
(WEQ–001, Version 002.1, March 11, 2009,
with minor corrections applied May 29,
2009 and September 8, 2009, with the exception of Standards 001–0.1, 001–0.9
through 001–0.13, 001–1.0, 001–9.7, 001–
14.1.3, and 001–15.1.2);
(2) Open Access Same-Time Information Systems (OASIS) Standards &
Communication Protocols, Version 1.5
(WEQ–002, Version 002.1, March 11, 2009,

§ 38.2
with minor corrections applied May 29,
2009 and September 8, 2009);
(3) Open Access Same-Time Information Systems (OASIS) Data Dictionary,
Version 1.5 (WEQ–003, Version 002.1,
March 11, 2009, with minor corrections
applied May 29, 2009 and September 8,
2009);
(4) Coordinate Interchange (WEQ–004,
Version 002.1, March 11, 2009, with
minor corrections applied May 29, 2009
and September 8, 2009);
(5) Area Control Error (ACE) Equation Special Cases (WEQ–005, Version
002.1, March 11, 2009, with minor corrections applied May 29, 2009 and September 8, 2009);
(6) Manual Time Error Correction
(WEQ–006, Version 001, Oct. 31, 2007,
with minor corrections applied on Nov.
16, 2007);
(7) Inadvertent Interchange Payback
(WEQ–007, Version 002.1, March 11, 2009,
with minor corrections applied May 29,
2009 and September 8, 2009);
(8) Transmission Loading Relief—
Eastern
Interconnection
(WEQ–008,
Version 002.1, March 11, 2009, with
minor corrections applied May 29, 2009
and September 8, 2009);
(9) Gas/Electric Coordination (WEQ–
011, Version 002.1, March 11, 2009, with
minor corrections applied May 29, 2009
and September 8, 2009);
(10) Public Key Infrastructure (PKI)
(WEQ–012, Version 002.1, March 11, 2009,
with minor corrections applied on May
29, 2009 and September 8, 2009);
(11) Open Access Same-Time Information Systems (OASIS) Implementation
Guide, Version 1.5 (WEQ–013, Version
002.1, March 11, 2009, with minor corrections applied on May 29, 2009 and September 8, 2009); and
(12) Business Practices for Measurement and Verification of Wholesale
Electricity Demand Response (WEQ–
015, 2008 Annual Plan Item 5(a), March
16, 2009).
(b) This incorporation by reference
was approved by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies
of these standards may be obtained
from the North American Energy
Standards Board, 801 Travis Street,
Suite 1675, Houston, TX 77002, Tel: (713)
356–0060. NAESB’s Web site is at http://

351

VerDate Mar<15>2010

10:12 May 06, 2013

Jkt 229059

PO 00000

Frm 00361

Fmt 8010

Sfmt 8010

Q:\KP\229059.XXX

ofr150

PsN: PC150

Pt. 39

18 CFR Ch. I (4–1–13 Edition)

www.naesb.org/. Copies may be inspected at the Federal Energy Regulatory Commission, Public Reference
and Files Maintenance Branch, 888
First Street, NE., Washington, DC
20426,
Tel:
(202)
502–8371,
http://
www.ferc.gov, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
[Order 676, 71 FR 26212, May 4, 2006 as amended by Order 676–B, 72 FR 21099, Apr. 30, 2007;
Order 698, 72 FR 38767, July 16, 2007; Order
676–C, 73 FR 43860, July 29, 2008; Order 676–E,
74 FR 63306, Dec. 3, 2009; Order 676–F, 75 FR
20908, Apr. 22, 2010]
EFFECTIVE DATE NOTE: At 78 FR 14663, Mar.
7, 2013, § 38.2 was amended by revising paragraph (a)(12) and adding paragraph (a)(13), effective May 6, 2013. For the convenience of
the user, the added and revised text is set
forth as follows:
§ 38.2 Incorporation by reference of North
American
Energy
Standards
Board
Wholesale Electric Quadrant standards.
(a) * * *
(12) Business Practices for Measurement
and Verification of Wholesale Electricity Demand Response (WEQ–015, 2010 Annual Plan
Items 4(a) and 4(b), March 21, 2011).
(13) Business Practice Standards for Measurement and Verification of Energy Efficiency Products (WEQ–021, 2010 Annual Plan
Item 4(d), May 13, 2011).

*

*

*

*

*

PART 39—RULES CONCERNING
CERTIFICATION OF THE ELECTRIC
RELIABILITY
ORGANIZATION;
AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS
Sec.
39.1 Definitions.
39.2 Jurisdiction and applicability.
39.3 Electric Reliability Organization certification.
39.4 Funding of the Electric Reliability Organization.
39.5 Reliability Standards.
39.6 Conflict of a Reliability Standard with
a Commission order.
39.7 Enforcement of Reliability Standards.

39.8
39.9

Delegation to a Regional Entity.
Enforcement of Commission rules and
orders.
39.10 Changes to an Electric Reliability Organization Rule or Regional Entity Rule.
39.11 Reliability reports.
39.12 Review of state action.
39.13 Regional Advisory Bodies.
AUTHORITY: 16 U.S.C. 824o.
SOURCE: Order 672, 71 FR 8736, Feb. 17, 2006,
unless otherwise noted.

§ 39.1 Definitions.
As used in this part:
Bulk-Power System means facilities
and control systems necessary for operating an interconnected electric energy
transmission network (or any portion
thereof), and electric energy from generating facilities needed to maintain
transmission system reliability. The
term does not include facilities used in
the local distribution of electric energy.
Cross-Border Regional Entity means a
Regional Entity that encompasses a
part of the United States and a part of
Canada or Mexico.
Cybersecurity Incident means a malicious act or suspicious event that disrupts, or was an attempt to disrupt,
the operation of those programmable
electronic devices and communications
networks including hardware, software
and data that are essential to the Reliable Operation of the Bulk-Power System.
Electric Reliability Organization or
‘‘ERO’’ means the organization certified by the Commission under § 39.3
the purpose of which is to establish and
enforce Reliability Standards for the
Bulk-Power System, subject to Commission review.
Electric Reliability Organization Rule
means, for purposes of this part, the
bylaws, a rule of procedure or other organizational rule or protocol of the
Electric Reliability Organization.
Interconnection means a geographic
area in which the operation of BulkPower System components is synchronized such that the failure of one
or more of such components may adversely affect the ability of the operators of other components within the
system to maintain Reliable Operation
of the facilities within their control.
Regional Advisory Body means an entity established upon petition to the

352

VerDate Mar<15>2010

10:12 May 06, 2013

Jkt 229059

PO 00000

Frm 00362

Fmt 8010

Sfmt 8010

Q:\KP\229059.XXX

ofr150

PsN: PC150