18 Cfr 38

Federal Energy Regulatory Commission
(3) The number of Affiliate requests
for transmission service, including requests by the transmission provider’s
merchant function to designate a network resource or to procure secondary
network service, that have been rejected, and
(4) The total number of Affiliate requests for transmission service, including requests by the transmission provider’s merchant function to designate,
or terminate the designation of, a network resource or to procure secondary
network service, that have been made.
(j) Posting redispatch data.
(1) The Transmission Provider must
allow the posting on OASIS of any
third party offer to relieve a specified
congested transmission facility.
(2) The Transmission Provider must
post on OASIS (i) its monthly average
cost of planning and reliability redispatch, for which it invoices customers,
at each internal transmission facility
or interface over which it provides redispatch service and (ii) a high and low
redispatch cost for the month for each
of these same transmission facilities.
The transmission provider must post
this data on OASIS as soon as practical
after the end of each month, but no
later than when it sends invoices to
transmission customers for redispatchrelated services.
(k) Posting of historical area control
error data. The Transmission Provider
must post on OASIS historical oneminute and ten-minute area control
error data for the most recent calendar
year, and update this posting once per
year.
[Order 889, 61 FR 21764, May 10, 1996, as
amended by Order 889–A, 62 FR 12503, Mar. 14,
1997; Order 605, 64 FR 34124, June 25, 1999;
Order 2004, 68 FR 69157, Dec. 11, 2003; Order
890, 72 FR 12493, Mar. 15, 2007; Order 890–A, 73
FR 3111, Jan. 16, 2008; Order 784, 78 FR 46210,
July 30, 2013]

lpowell on DSK54DXVN1OFR with $$_JOB

§ 37.7 Auditing Transmission Service
Information.
(a) All OASIS database transactions,
except other transmission-related communications
provided
for
under
§ 37.6(g)(2), must be stored, dated, and
time stamped.
(b) Audit data must remain available
for download on the OASIS for 90 days,
except ATC/TTC postings that must re-

§ 38.1
main available for download on the
OASIS for 20 days. The audit data are
to be retained and made available upon
request for download for five years
from the date when they are first posted in the same electronic form as used
when they originally were posted on
the OASIS.
[Order 889, 61 FR 21764, May 10, 1996, as
amended by Order 889–A, 62 FR 12504, Mar. 14,
1997; Order 890, 72 FR 12496, Mar. 15, 2007]

§ 37.8

Obligations of OASIS users.

Each OASIS user must notify the Responsible Party one month in advance
of initiating a significant amount of
automated queries. The OASIS user
must also notify the Responsible Party
one month in advance of expected significant increases in the volume of
automated queries.
[Order 605, 64 FR 34124, June 25, 1999]

PART 38—STANDARDS FOR PUBLIC
UTILITY BUSINESS OPERATIONS
AND COMMUNICATIONS
Sec.
38.1 Incorporation by reference of North
American
Energy
Standards
Board
Wholesale Electric Quadrant standards.
38.2 Communication and information sharing among public utilities and pipelines.
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 Incorporation by reference of
North American Energy Standards
Board Wholesale Electric Quadrant
standards.
(a) 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 any non-public
utility that seeks voluntary compliance with jurisdictional transmission
tariff reciprocity conditions must comply with the business practice and electronic communication standards promulgated by the North American Energy Standards Board Wholesale Electric Quadrant that are incorporated by

361

VerDate Sep<11>2014

16:16 May 22, 2017

Jkt 241061

PO 00000

Frm 00371

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31

lpowell on DSK54DXVN1OFR with $$_JOB

§ 38.2

18 CFR Ch. I (4–1–17 Edition)

reference in paragraph (b) of this section. The material incorporated by reference in this section 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 (NAESB),
801 Travis Street, Suite 1675, Houston,
TX 77002, Tel: (713) 356–0060. NAESB’s
Web site is at http://www.naesb.org/.
Copies of these standards may be inspected at the Federal Energy Regulatory Commission, Public Reference
and Files Maintenance Branch, 888
First Street NE., Washington, DC 20426,
Tel: (202) 02–8371, 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.
(b) The business practice and electronic communication standards the
Commission incorporates by reference
are as follows:
(1) WEQ–000, Abbreviations, Acronyms, and Definition of Terms, WEQ
Version 003, July 31, 2012, as modified
by NAESB final actions ratified on Oct.
4, 2012, Nov. 28, 2012 and Dec. 28, 2012
(with minor corrections applied Nov.
26, 2013);
(2) WEQ–001, Open Access Same-Time
Information System (OASIS), OASIS
Version 2.0, WEQ Version 003, July 31,
2012, as modified by NAESB final actions ratified on Dec. 28, 2012 (with
minor corrections applied Nov. 26, 2013)
excluding Standards 001–9.5, 001–10.5,
001–14.1.3, 001–15.1.2 and 001–106.2.5;
(3) WEQ–002, Open Access Same-Time
Information System (OASIS) Business
Practice Standards and Communication Protocols (S&CP), OASIS Version
2.0, WEQ Version 003, July 31, 2012, as
modified by NAESB final actions ratified on Nov. 28, 2012 and Dec. 28, 2012
(with minor corrections applied Nov.
26, 2013);
(4) WEQ–003, Open Access Same-Time
Information System (OASIS) Data Dictionary Business Practice Standards,
OASIS Version 2.0, WEQ Version 003,
July 31, 2012, as modified by NAESB
final actions ratified on Dec. 28, 2012

(with minor corrections applied Nov.
26, 2013);
(5) WEQ–004, Coordinate Interchange,
WEQ Version 003, July 31, 2012 (with
Final Action ratified December 28,
2012);
(6) WEQ–005, Area Control Error
(ACE) Equation Special Cases, WEQ
Version 003, July 31, 2012;
(7) WEQ–006, Manual Time Error Correction, WEQ Version 003, July 31, 2012;
(8) WEQ–007, Inadvertent Interchange
Payback WEQ Version 003, July 31,
2012;
(9) WEQ–008, Transmission Loading
Relief (TLR)—Eastern Interconnection,
WEQ Version 003, July 31, 2012 (with
minor corrections applied November 28,
2012);
(10) WEQ–011, Gas/Electric Coordination, WEQ Version 003, July 31, 2012;
(11) WEQ–012, Public Key Infrastructure (PKI), WEQ Version 003, July 31,
2012 (with Final Actions ratified on October 4, 2012);
(12) WEQ–013, Open Access SameTime Information System (OASIS) Implementation Guide, OASIS Version
2.0, WEQ Version 003, July 31, 2012, as
modified by NAESB final actions ratified on Dec. 28, 2012 (with minor corrections applied Nov. 26, 2013).
(13) WEQ–015, Measurement and
Verification of Wholesale Electricity
Demand Response, WEQ Version 003,
July 31, 2012; and
(14) WEQ–021, Measurement and
Verification of Energy Efficiency Products, WEQ Version 003, July 31, 2012.
[79 FR 56954, Sept. 24, 2014, as amended at 79
FR 60953, Oct. 9, 2014]

§ 38.2 Communication and information
sharing among public utilities and
pipelines.
(a) Any public utility that owns, operates, or controls facilities used for
the transmission of electric energy in
interstate commerce is authorized to
share non-public, operational information with a pipeline, as defined in
§ 284.12(b)(4) of this chapter, or another
public utility covered by this section
for the purpose of promoting reliable
service or operational planning.
(b) Except as permitted in paragraph
(a) of this section, a public utility, as
defined in this section, and its employees, contractors, consultants, and

362

VerDate Sep<11>2014

16:16 May 22, 2017

Jkt 241061

PO 00000

Frm 00372

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31

Federal Energy Regulatory Commission
agents are prohibited from disclosing,
or using anyone as a conduit for the
disclosure of, non-public, operational
information received from a pipeline
pursuant to § 284.12(b)(4) of this chapter
to a third party or to its marketing
function employees as that term is defined in § 358.3(d) of this chapter.
[78 FR 70187, Nov. 22, 2013]

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 Delegation to a Regional Entity.
39.9 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.

lpowell on DSK54DXVN1OFR with $$_JOB

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 dis-

§ 39.1
rupts, 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
Commission pursuant to section 215(j)
of the Federal Power Act that is organized to advise the Electric Reliability
Organization, a Regional Entity, or the
Commission regarding certain matters
in accordance with § 39.13.
Regional Entity means an entity having enforcement authority pursuant to
§ 39.8.
Regional Entity Rule means, for purposes of this part, the bylaws, a rule of
procedure or other organizational rule
or protocol of a Regional Entity.
Reliability Standard means a requirement approved by the Commission
under section 215 of the Federal Power
Act, to provide for Reliable Operation
of the Bulk-Power System. The term
includes requirements for the operation of existing Bulk-Power System
facilities, including cybersecurity protection, and the design of planned additions or modifications to such facilities
to the extent necessary to provide for
Reliable Operation of the Bulk-Power
System, but the term does not include
any requirement to enlarge such facilities or to construct new transmission
capacity or generation capacity.

363

VerDate Sep<11>2014

16:16 May 22, 2017

Jkt 241061

PO 00000

Frm 00373

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31