[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Proposed Rules]
[Pages 42296-42300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21016]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 37
[Docket No. RM98-3-000]
Open Access Same-Time Information System
July 29, 1998.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to: amend its regulations to extend the retention period and
availability of information on curtailments and interruptions and
require this information to include other uses of the congested path at
the time of such incidents; amend its regulations to clarify that OASIS
nodes must have the capability to allow OASIS users to make file
transfers and automated computer-to-computer file transfers and
queries; amend its regulations to clarify that Responsible Parties are
required to provide access to their OASIS sites for OASIS users making
automated queries or extensive requests for data; and add a provision
to its regulations that would allow Responsible Parties, under certain
circumstances, to limit a user's access to the node if that user's
grossly inefficient method of accessing an OASIS node or obtaining
information from the node degrades the performance of the node.
DATES: Comments on the notice of proposed rulemaking are due on or
before September 21, 1998.
ADDRESSES: File comments on the notice of proposed rulemaking with the
Office of the Secretary, Federal Energy Regulatory Commission, 888
First Street, N.E., Washington, D.C. 20426. Comments should reference
Docket No. RM98-3-000.
FOR FURTHER INFORMATION CONTACT:
Marvin Rosenberg (Technical Information), Office of Economic Policy,
Federal Energy Regulatory Commission, 888 First Street, N.E.,
Washington, D.C. 20426, (202) 208-1283
William C. Booth (Technical Information), Office of Electric Power
Regulation, Federal Energy Regulatory Commission, 888 First Street,
N.E., Washington, D.C. 20426, (202) 208-0849
Gary D. Cohen (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, N.E.,
Washington, D.C. 20426, (202) 208-0321
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in the Public Reference Room
at 888 First Street, N.E., Room 2A, Washington, D.C. 20426.
The Commission Issuance Posting System (CIPS) provides access to
the texts of formal documents issued by the Commission. CIPS can be
accessed via Internet through FERC's Homepage (http://www.ferc.fed.us)
using the CIPS Link or the Energy Information Online icon. The full
text of this document will be available on CIPS in ASCII and
WordPerfect 6.1 format. CIPS is also available through the Commission's
electronic bulletin board service at no charge to the user and may be
accessed using a personal computer with a modem by dialing 202-208-
1397, if dialing locally, or 1-800-856-3920, if dialing long distance.
To access CIPS, set your communications software to 19200, 14400,
12000, 9600, 7200, 4800, 2400, or 1200 bps, full duplex, no parity, 8
data bits and 1 stop bit. User assistance is available at 202-208-2474
or by E-mail to [email protected].
This document is also available through the Commission's Records
and Information Management System (RIMS), an electronic storage and
retrieval system of documents submitted to and issued by the Commission
after November 16, 1981. Documents from November 1995 to the present
can be viewed and printed. RIMS is available in the Public Reference
Room or remotely via Internet through FERC's Homepage using the RIMS
link or the Energy Information Online icon. User assistance is
available at 202-208-2222, or by E-mail to [email protected].
Finally, the complete text on diskette in WordPerfect format may be
purchased from the Commission's copy contractor, La Dorn Systems
Corporation. La Dorn Systems Corporation is located in the Public
Reference Room at 888 First Street, N.E., Washington, D.C. 20426.
Notice of Proposed Rulemaking
I. Introduction
The Federal Energy Regulatory Commission (Commission or FERC) is
proposing to issue a notice of proposed rulemaking (NOPR) that proposes
to: (1) amend 18 CFR 37.6(e)(3)(ii) to extend the retention period and
availability of information on curtailments and interruptions and
require this information to include other uses of the congested path at
the time of such incidents; (2) amend 18 CFR 37.6 to clarify that OASIS
nodes must have the capability to allow OASIS users to make file
transfers and automated computer-to-computer file transfers and
queries; (3) amend 18 CFR 37.5 to clarify that Responsible Parties are
required to provide access to their OASIS sites for OASIS users making
automated queries or extensive requests for data; and (4) add 18 CFR
37.5(d) to allow Responsible Parties, under certain circumstances, to
limit a user's access to the node if that user's grossly inefficient
method of accessing an OASIS node or obtaining information from the
node degrades the performance of the node.
Item 1 is designed to help the Commission better monitor whether
curtailments and interruptions involve
[[Page 42297]]
instances of undue discrimination. Items 2 through 4 go together. In
the discussion below, we clarify that OASIS nodes must have the
capability to allow OASIS users to make file transfers and automated
computer-to-computer file transfers and queries, and that legitimate
users may not have their access to the node restricted or cut off based
on their making automated queries or extensive requests for data. We
also clarify that extensive requests for data by legitimate users does
not constitute an ``excessive use of resources'' eligible for
unilateral disconnection by a Responsible Party under section 5.1(j) of
the S&CP Document. We nevertheless are also proposing to revise 18 CFR
37.5(d) to allow Responsible Parties, under certain circumstances, to
limit a user's access to the node if that user's grossly inefficient
method of accessing an OASIS node or obtaining information from the
node degrades the performance of the node. Commission approval is
needed for disconnection under these circumstances.
II. Discussion
A. Access To, and Retention Of, Supporting Information on Curtailments
and Interruptions
The Commission's regulations at 18 CFR 37.6(e)(3)(ii) require that
Transmission Providers make available supporting information about
curtailments and interruptions, for up to 60 days after the curtailment
or interruption, upon request by the affected customers. Since Order
No. 889 1 became effective, issues concerning curtailments
and interruptions have been the subject of a number of informal
complaints to the FERC Enforcement Hotline. The Commission is concerned
that the current regulations do not allow the Commission's staff and
the public access to the supporting information required under 18 CFR
37.6(e)(3)(ii) and that the information is not retained long enough.
Lack of access to the supporting information limits significantly the
Commission's ability to audit the circumstances under which a
curtailment or interruption occurs, as well as the Commission's ability
to identify compliance problems and resolve complaints. Therefore, we
propose to make changes to our regulations to require that Transmission
Providers retain supporting information about curtailments and
interruptions for three years and make this information available on
request, not only to affected customers, but also to the Commission's
staff and the public.
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\1\ Open Access Same-Time Information System and Standards of
Conduct, Order No. 889, FERC Stats. & Regs. para. 31,035 (1996);
order on reh'g, Order No. 889-A, FERC Stats. & Regs. para. 31,049
(1997); and order on reh'g, Order No. 889-B, 81 FERC para. 61,253
(1997).
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Additionally, our review of this regulation persuades us to propose
one additional change. In order to assess properly whether a
curtailment or interruption has been imposed on an unduly
discriminatory basis, it would be helpful to know whether the
curtailment or interruption was imposed on other users of the congested
path. We, therefore, are proposing that the information to be made
available upon request under 18 CFR 37.6(e)(3)(ii) should include
information on any other uses of the congested path at the time of the
curtailment or interruption. This information would be very
informative, and should not be burdensome to assemble, because the
person(s) posting the notice of curtailment or interruption under 18
CFR 37.6(e)(3)(i) should already have this information at hand.
The Commission will provide interested persons with an opportunity
to file comments on these proposed changes within 45 days of the date
of publication of this NOPR in the Federal Register. Parties filing
comments should address, among other issues: (1) whether the
information will increase market participants' knowledge of system
operations and thereby improve the functioning of the electricity
markets; (2) whether the additional information will help market
participants detect discrimination or other abusive transmission
practices and, when necessary, enable them to file well-specified,
well-documented complaints with the Commission (which will help the
Commission process complaints more efficiently); and (3) whether the
need for this information outweighs its commercial sensitivity.
B. File Transfers, Automated Queries, and Extensive Requests for Data
1. Overview
The FERC Enforcement Hotline also received calls showing that some
misunderstandings have arisen about the use of file transfers and
automated queries. To correct these misunderstandings, we propose to
revise 18 CFR 37.5 and 37.6 to clarify that OASIS nodes must have the
capability to allow OASIS users to make file transfers and automated
computer-to-computer file transfers and queries, and that Responsible
Parties are required to provide OASIS users with access for automated
querying of the system.2 This is true even when a large
volume of requests are made. We also propose to add a provision, at 18
CFR 37.5(d), that would permit Responsible Parties, under certain
circumstances, to restrict access to users whose grossly inefficient
use of the system is degrading the performance of the node and who are
unwilling to use less burdensome methods that would give them the same
information just as quickly.
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\2\ For the purposes of this discussion, by ``Responsible
Party'', we also intend to include a ``Transmission Provider'' that
operates its own OASIS node. We note that in Order No. 889 we stated
that a Transmission Provider ultimately is responsible for the acts
or omissions conducting on its behalf by a Responsible Party. See
FERC Stats. & Regs. para. 31,035 at 31,603-04.
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2. Background
In Order No. 888, the Commission stated that:
in order to remedy undue discrimination in the provision of
transmission services it is necessary to have non-discriminatory
access to transmission information * * * [3]
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\3\ Promoting Wholesale Competition Through Open Access Non-
Discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, FERC Stats. & Regs. para. 31,036 at 31,722 (1996);
order on reh'g, Order No. 888-A, FERC Stats. & Regs. para. 31,048
(1997); order on reh'g, Order No. 888-B, 81 FERC para. 61,248
(1997); and order on reh'g, Order No. 888-C, 82 FERC para. 61,046
(1998).
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Likewise, in Order No. 889, we stated that,
under 18 CFR 37.5, the OASIS must give access to relevant
standardized information pertaining to the status of the
transmission system as well as to the types and prices of
services.[4]
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\4\ Order No. 889, FERC Stats. & Regs. para. 31,035 at 31,603.
Consistent with these findings, the Commission's regulations at 18 CFR
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37.5(b) require each Responsible Party to:
provide access to an OASIS providing standardized information . . .
pertaining to the transmission system for which it is
responsible.[5]
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\5\ Section 37.5(b)(2) of the OASIS regulations, 18 CFR
37.5(b)(2) (1998), also requires each Responsible Party to operate
its OASIS node in compliance with the standardized procedures
specified in the OASIS Standards and Communications Protocols
document (referred to herein as the ``S&CP Document'').
In the period since Order Nos. 888 and 889 have become effective,
some OASIS providers have been limiting the access of certain parties
using automated queries.
3. Discussion
Access to OASIS data by automated query is an integral part of the
transmission data sharing we envisioned and required in Order Nos. 888
and 889. As we observed in Order
[[Page 42298]]
No. 889-A, uploading and downloading are computer-to-computer
transactions.6 In addition, computer-to-computer queries are
an integral part of OASIS as specified in the S&CP
Document.7 However, to avoid any possible contrary
interpretations, we propose to add language to 18 CFR 37.5 and 18 CFR
37.6 making this point explicitly.8 These proposals are
consistent with the current language in section 4.3.1 of the S&CP
Document (which specifies the information requirements and templates
for uploading the information to, and downloading it from, OASIS nodes)
and in section 37.5(b) of the Commission's regulations (which
contemplates OASIS access by computer-to-computer queries). The
proposals are intended to make absolutely clear that each Responsible
Party must provide OASIS users with non-discriminatory access without
curfews, restrictions, or limitations of any kind, whether access is
sought by automated or graphical user interface means.
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\6\ Order No. 889-A, FERC Stats. & Regs. para. 31,049, at
30,574.
\7\ See, e.g., Secs. 4.2.4, 4.2.4.1, and 4.4 of the S&CP
Document.
\8\ The Commission also provided for computer-to-computer
communications related to natural gas transportation information. In
Order No. 587-B, Standards for Business Practices of Interstate
Natural Gas Pipelines, FERC Stats. & Regs. para. 31,046 at 30,169
(1997), we explained that computer-to-computer communications appear
to be needed to conduct natural gas transportation transactions.
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This also is consistent with the current language in section 5.1(j)
of the S&CP Document, which allows a Responsible Party to disconnect or
restrict users in only very limited circumstances. Section 5.1(j) of
the S&CP Document reads as follows:
Disconnection: [Transmission System Information Providers] shall
be allowed to disconnect any User who is degrading the performance
of the OASIS Node through the excessive use of resources, beyond
what is permitted in the Service Level Agreement.
This provision authorizes the disconnection of a user only when the
user is degrading the performance of the OASIS node, through excessive
use beyond what is allowed in the Service Level Agreement (SLA). Thus,
under section 5.1(j), disconnection is only authorized when: (1) the
use exceeds what is allowed in the SLA; and (2) the excessive use is
degrading the performance of the OASIS node.9 Thus, a
particular user's heavy use of an OASIS node, even if it would require
the node to be upgraded, would not, by itself, be a basis for
disconnection.
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\9\ The excessive use of resources includes any unauthorized use
of an OASIS node. This clarification is not intended to prevent a
Responsible Party from disconnecting any unauthorized user, any user
who circumvents system security, any user who causes, or attempts to
cause, the node to cease functioning, or who otherwise disrupts, or
attempts to disrupt, the normal functioning of the node.
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The basic (default) SLA applicable to all OASIS users allows large
volume, computer-to-computer usage of the OASIS. Thus, Responsible
Parties may not use section 5.1(j) or, as explained below, section 3.2
of the S&CP Document to deny access to large volume users of the OASIS.
Section 3.2 of the S&CP Document authorizes Responsible Parties to
enter into SLAs.10 Section 3.2 reads as follows:
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\10\ SLAs are also referenced in section 5.1(j) of the S&CP
Document, quoted in the text above.
Service Level Agreements: It is recognized that Users will have
different requirements for frequency of access, performance, etc.,
based on their unique business needs. To accommodate these differing
requirements, [Transmission System Information Providers] shall be
required to establish [an SLA] with each User which specifies the
terms and conditions for access to the information posted by the
Providers. The default [SLA] shall be Internet access with the OASIS
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Node meeting all minimum performance requirements.
Section 3.2 of the S&CP Document directs Responsible Parties to
establish an SLA with each user, specifying the terms and conditions
for access to the information posted on the OASIS. The service to be
provided under these SLAs is to meet all minimum performance
requirements (i.e., the requirements of Order No. 889, the Commission's
regulations, and the S&CP Document).
Although not explicitly stated in section 3.2 of the S&CP Document,
our proposal clarifies that when a user registers on an OASIS node to
receive basic OASIS service, this registration, by default, constitutes
a basic SLA (including computer-to-computer access as discussed above).
A negotiated SLA, approved by the Commission, may be necessary to
define value added services beyond those provided by the Commission's
regulations and the S&CP document.11 However, a negotiated
SLA is neither necessary nor appropriate as a condition for a user to
receive basic service.
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\11\ Commission approval would not be necessary where the
Transmission Provider is nonjurisdictional and operates its OASIS
node (or assigns this to a Responsible Party) under Order No. 888's
reciprocity requirement.
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Thus, under both sections 5.1(j) and 3.2 of the S&CP Document, if a
legitimate user's usage creates a problem regarding the system's
capabilities, the problem may not be ``corrected'' by disconnecting the
user or by limiting that user's use of the system. To avoid any
contrary interpretation, we are proposing revisions to 18 CFR 37.5 and
37.6 to make this explicit.
Consistent with this proposal, it follows that large volume usage
and automated computer-to-computer file transfers and queries do not
constitute the kind of ``excessive use of resources'' eligible for
unilateral disconnection by the Responsible Party under section 5.1(j)
of the S&CP Document. We are concerned, nevertheless, that a user's
grossly inefficient access and use of the system may degrade the
performance of the OASIS node. We, therefore, are proposing to revise
18 CFR Sec. 37.5(d) to allow Responsible Parties that are public
utilities to seek Commission approval to limit a user's access to the
node if that user's grossly inefficient method of accessing an OASIS
node or obtaining information from the node degrades the performance of
the node.\12\ For example, a user may seek data in a resource-intensive
wasteful way even though the same data could be obtained as quickly in
a far less resource-consuming manner. It also would be grossly
inefficient for a customer to seek updates more frequently than
information is updated. In such a circumstance, an OASIS provider
should instruct the user on how to obtain the information in a less
resource-intensive way, and may seek Commission approval to limit
access to that user if the OASIS provider can show that: (1) the means
of access is grossly inefficient; (2) the node is sufficiently sized to
accommodate usage that is not grossly inefficient; and (3) the user was
unresponsive to the OASIS provider's attempts to resolve the matter
informally.
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\12\ By ``grossly inefficient'', we intend to address situations
where a user fails to adopt more efficient methods of accessing a
node or obtaining information in favor of very inefficient methods
that may needlessly degrade or damage the node. This is consistent
with Sec. 3.6.a of the S&CP Document, which states that a
Responsible Party may restrict its responses to overly broad queries
that, if answered expansively, would degrade the performance of the
node.
It would be impracticable to attempt to delineate all instancs
of ``gross inefficiency'' in advance. Accordingly, questions as to
whether a particular user's access or use of the node is ``grossly
inefficient'' will be resolved on a case-by-case basis whn a
Responsible Party seeks Commission approval to restrict a user's
access to the node.
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We earlier stated that large volume usage and automated computer-
to-computer file transfers and queries do not constitute the kind of
``excessive use of resources'' eligible for unilateral disconnection by
the Responsible Party under section 5.1(j) of the S&CP Document. This
being the case, we believe we need to establish a mechanism to govern
those situations.
[[Page 42299]]
We, therefore, are proposing (as discussed above) to revise 18 CFR
37.5(d) to allow Responsible Parties to limit a user's access to the
node, with the approval of the Commission, if that user's grossly
inefficient method of accessing an OASIS node or obtaining information
from the node degrades the performance of the node.
We are proposing that the Commission's approval be needed for
disconnection under these circumstances because we: (1) want to avoid
unwarranted disconnections or limitations on access; (2) seek to
encourage Responsible Parties and OASIS users to resolve these disputes
informally, if possible; (3) wish to assure OASIS users that they will
not be disconnected without good cause; and (4) hope that, merely by
making these clarifications, we will avert or minimize instances of
grossly inefficient usage degrading the performance of a node.
Comments by interested persons should address the advantages and
disadvantages of the Commission's proposal on the foregoing issue,
including the requirement for prior Commission approval of
disconnections. Commenters may suggest alternative procedures, with or
without prior Commission approval of disconnections, and should explain
the relative advantages and disadvantages of their proposals. For
example, if an OASIS node is not meeting legitimate customer needs,
should Responsible Parties be required to increase the capacity of the
node, including adopting the best available technology, and, having
done so, then be allowed to disconnect grossly inefficient users
without prior Commission approval?
III. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)\13\ requires any proposed or
final rule issued by the Commission to contain a description and
analysis of the impact that the proposed or final rule would have on
small entities or to contain a certification that the rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities. Order No. 889 contained a
certification under Sec. 605(b) of the RFA that the OASIS Final Rule
would not have a significant economic impact on small entities within
the meaning of the RFA.\14\
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\13\ 5 U.S.C. Secs. 601-612.
\14\ See Order No. 889, FERC Stats. & Regs. at 31,628.
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As discussed above, this proposal would make three minor revisions
to 18 CFR 37.6(e)(3)(ii). Given that we do not expect these minor
revisions to have any economic impact and given that we have granted
waivers from the requirements of the OASIS Final Rule to small entities
where appropriate, and will continue to do so, we hereby certify that
the proposed changes in 18 CFR Part 37 would not have a significant
economic impact on a substantial number of small entities and that no
regulatory flexibility analysis is required pursuant to 5 U.S.C.
Sec. 603. In addition, we have proposed revisions to 18 CFR 37.5 and
37.6 that would clarify that a Responsible Party may not deny or
restrict access to an OASIS user merely because that user is a large
volume, computer-to-computer user of the system. For the reasons cited
above, and in Order No. 889, these clarifications will not have a
significant economic impact on a substantial number of small entities.
IV. Environmental Statement
As explained in Order Nos. 888-A and 889-A, Order Nos. 888 and 889
were the joint subjects of the Final Environmental Impact Statement
issued in Docket Nos. RM95-8-000 and RM94-7-001 on April 12, 1996.
Given that this proposal makes only minor changes in the regulations,
none of which would have any environmental impact, no separate
environmental assessment or environmental impact statement is being
prepared for this proposed rule.
V. Public Reporting Burden
As discussed previously, this NOPR proposes three minor revisions
to 18 CFR 37.6(e)(3)(ii). First, given that information on other uses
of congested paths already would be known and available to the
person(s) reporting a curtailment/interruption incident, we believe
that the proposed requirement to make this information available would
have only a minimal, inconsequential impact on the reporting burden
under 18 CFR 37.6(e)(3)(ii) and that the changes do not substantially
or materially modify the collection of information previously approved
by OMB. Second, we do not believe that extending the retention period
or extending the category of persons who may request the information
will measurably increase the public reporting burden. Third, the NOPR
does not add any additional reporting requirements under 18 CFR
37.6(e)(3)(i) or require information to be made available under 18 CFR
37.6(e)(3)(ii) about any events or incidents not already covered under
the existing regulation.
Nor do we believe our proposal to amend 18 CFR 37.5 and 37.6 to
clarify the required minimum access that Responsible Parties must
provide to OASIS users, or to allow (under certain circumstances)
limitations on access by grossly inefficient users, will increase the
public reporting burden.
Consequently, the public reporting burden associated with issuance
of this NOPR is unchanged from our estimation in Order Nos. 889, 889-A,
and 889-B. \15\ The Commission has conducted an internal review of this
conclusion and thereby has assured itself that there is specific,
objective support for this information burden estimate. Moreover, the
Commission has reviewed the collection of information required by Order
Nos. 889, 889-A, and 889-B, and has determined that the collection of
information is necessary and conforms to the Commission's plan, as
described in those prior orders, for the collection, efficient
management, and use of the required information.
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\15\ Order No. 889, FERC Stats. & Regs. para. 31,035 at 31,587-
88, Order No. 889-A, FERC Stats. & Regs. para. 31,049 at 30,549-50,
Order No. 889-B, 81 FERC para. 61,253 at 62,171.
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VI. Information Collection Statement
As explained in Order Nos. 889-A and 889-B, Order No. 889 contained
an information collection statement for which the Commission obtained
approval from the Office of Management and Budget (OMB).\16\ Given that
the proposed changes on curtailments and interruptions make only minor
revisions to the regulation, only one of which would have any possible
impact on the previously approved information collection statement (the
addition of other uses of the congested path to the information already
required to be collected), and given that we expect that this
information would already be known to the person assembling information
about the curtailment or interruption, we do not believe that these
proposed changes would require any revision to the information
collection statement approved by OMB for Order No. 889. Nor do we
believe that our proposed revisions to 18 CFR 37.5 and 37.6, to clarify
the required minimum access Responsible Parties must provide to OASIS
users, or to allow (under certain circumstances) limitations on access
by grossly inefficient users, would require any revision to the
information collection statement approved by OMB for Order No. 889.
Accordingly, we conclude that OMB approval for this NOPR will not be
necessary. However, the Commission will send a copy of this NOPR to
OMB, for informational purposes only.
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\16\ OMB Control No. 1902-0173.
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Interested persons may obtain information on the reporting
[[Page 42300]]
requirements and associated burden estimates by contacting the Federal
Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C.
20426 [Attention: Michael Miller, Office of the Chief Information
Officer, (202) 208-1415], and the Office of Management and Budget
[Attention: Desk Officer for the Federal Energy Regulatory Commission
(202) 395-3087 (telephone), 202-395-7285 (facsimile)]. In addition,
interested persons may file written comments on the collections of
information required by this NOPR and associated burden estimates by
sending written comments to the Desk Officer for FERC at: Office of
Management and Budget, Room 10202 NEOB, Washington, D.C. 20503, within
30 days of publication of this document in the Federal Register. Three
copies of any comments filed with the Office of Management and Budget
also should be sent to the following address: Secretary, Federal Energy
Regulatory Commission, Room 1A, 888 First Street, N.E., Washington,
D.C. 20426.
VII. Public Comment Procedure
Prior to taking final action on this proposed rulemaking, we are
inviting written comments from interested persons. All comments in
response to this notice should be submitted to the Office of Secretary,
Federal Energy Regulatory Commission, 888 First Street, N.E.,
Washington, D.C. 20426, and should refer to Docket No. RM98-3-000. An
original and fourteen (14) copies of such comments should be filed with
the Commission on or before September 21, 1998. Additionally, a copy of
the comments also should be submitted to the Commission on computer
diskette in WordPerfect 6.1 or ASCII format.
All written submissions to this NOPR will be placed in the public
file and will be available for public inspection in the Commission's
Public Reference Room, 888 First Street, N.E., Washington, D.C. 20426,
during regular business hours.
List of Subjects in 18 CFR Part 37
Electric utilities.
By direction of the Commission.
David P. Boergers,
Acting Secretary.
In consideration of the foregoing, the Commission proposes to amend
Part 37 in Chapter I, Title 18, Code of Federal Regulations, as set
forth below.
PART 37--OPEN ACCESS SAME-TIME INFORMATION SYSTEMS AND STANDARDS OF
CONDUCT FOR PUBLIC UTILITIES
1. The authority citation for Part 37 continues to read as follows:
Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
2. Section 37.5 is amended by redesignating paragraph (c) as
paragraph (e), and by adding paragraphs (c) and (d), to read as
follows:
Sec. 37.5 Obligations of Transmission Providers and Responsible
Parties.
* * * * *
(c) A Responsible Party may not deny or restrict access to an OASIS
user merely because that user makes automated computer-to-computer file
transfers or queries, or extensive requests for data.
(d) In the event that an OASIS user's grossly inefficient method of
accessing an OASIS node or obtaining information from the node degrades
the performance of the node, the Responsible Party should instruct the
user on how to obtain the information in a less resource-intensive
manner, and may seek Commission approval to limit that user's OASIS
access if the matter cannot be resolved informally.
* * * * *
3. Section 37.6 is amended by revising paragraphs (a) intoductory
text, (a)(4), (a)(5), and (e)(3)(ii), and by adding paragraph (a)(6) to
read as follows:
Sec. 37.6 Information to be posted on an OASIS.
(a) The information posted on the OASIS must be in such detail and
the OASIS must have such capabilities as to allow Transmission
Customers to:
* * * * *
(4) Clearly identify the degree to which their transmission service
requests or schedules were denied or interrupted;
(5) Obtain access, in electronic format, to information to support
available transmission capability calculations and historical
transmission service requests and schedules for various audit purposes;
and
(6) Make file transfers and automated computer-to-computer file
transfers and queries.
* * * * *
(e) * * *
(3) * * *
(ii) Information to support any such curtailment or interruption,
including the operating status of the facilities involved in the
constraint or interruption and any other uses of the congested path at
the time of the curtailment or interruption, must be maintained for
three years and provided, upon request, to the curtailed or interrupted
customer, the Commission's Staff, and any other person who requests it.
* * * * *
[FR Doc. 98-21016 Filed 8-6-98; 8:45 am]
BILLING CODE 6717-01-P