Delegated Letter Order in RD16-1

FEDERAL ENERGY REGULATORY COMMISSION

WASHINGTON, D.C. 20426

OFFICE OF ELECTRIC RELIABILITY

North American Electric Reliability Corporation

Docket No. RD16-1-000

February 18, 2016

North American Electric Reliability Corporation

1325 G Street N.W., Suite 600

Washington, D.C. 20005

Attention: Shamai Elstein

Senior Counsel for North American Electric Reliability Corporation

Reference: Petition of the North American Electric Reliability Corporation for Approval of Proposed Reliability Standard MOD-031-2

Dear Mr. Elstein:

On November 13, 2015, the North American Electric Reliability Corporation (NERC) filed a petition seeking approval of Reliability Standard MOD-031-2 (Demand and Energy Data), pursuant to section 215(d)(1) of the Federal Power Act (FPA)¹ and Section 39.5² of the Commission’s regulations. NERC also requests approval of (i) the associated implementation plan, and (ii) the retirement of Reliability Standard MOD-031-1.

In its petition, NERC states that proposed Reliability Standard MOD-031-2 is an improvement to the existing version of the standard because it clarifies the compliance obligations related to (1) providing data to Regional Entities and (2) responding to a request for data subject to confidentiality restrictions.³ NERC also states that the improvements to the Reliability Standard are consistent with the Commission directives in Order No. 804.⁴ In Order No. 804, the Commission approved Reliability Standard MOD-031. However, the Commission also directed, pursuant to 215(d)(5) of the FPA,⁵ that NERC develop a modification to Reliability Standard MOD-031-1 to clarify that planning coordinators and balancing authorities must provide demand and energy data upon request of a Regional Entity, as necessary to support NERC’s development of seasonal and long-term reliability assessments.

NERC also explains the proposed implementation plan provides that Reliability Standard MOD-031-2 will become effective on the later of the effective date of MOD-031-1 or the first day of the first calendar quarter that is six months after the date that this standard is approved.⁶

NERC’s filing was noticed on November 16, 2015, with interventions, comments and protests due on or before December 16, 2015. Edison Electric Institute filed a timely motion to intervene raising no issues.

NERC’s uncontested filing is hereby approved pursuant to the relevant authority delegated to the Director, Office of Electric Reliability under 18 C.F.R. § 375.303 (2015), effective as of the date of this order.

This action shall not be construed as approving any other application, including proposed revisions of Electric Reliability Organization or Regional Entity rules or procedures pursuant to 18 C.F.R. § 375.303(a)(2)(i). Such action shall not be deemed as recognition of any claimed right or obligation associated therewith and such action is without prejudice to any findings or orders that have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against the Electric Reliability Organization or any Regional Entity.

This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713 (2015).

Sincerely,

Michael Bardee, Director

Office of Electric Reliability

1 16 U.S.C. § 824o (2012).

2 18 C.F.R. § 39.5 (2015).

3

NERC Petition at 2.

4 NERC Petition at 2, n.8 citing Demand and Energy Data Reliability Standard, Order No. 804, 150 FERC ¶ 61,109 at PP 14-15 (2015).

5 16 U.S.C. § 824o(d)(5) (2012).

6 NERC Petition at 10.