[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54289-54290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25921]
[[Page 54289]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RM95-9-003]
Open Access Same-Time Information System (OASIS) and Standards of
Conduct; Order Granting Motion for Expedited Clarification
Issued September 30, 1999.
This order addresses a motion that, among other matters, seeks
expedited clarification that back-up procedures are mandatory in the
event of an OASIS communications equipment breakdown. As discussed
below, we clarify that, during periods when an OASIS node is not in
operation, transmission customers may make, and OASIS personnel shall
respond to, requests for transmission service by telephone or
facsimile. On restoration of the OASIS node's operations, OASIS
personnel shall promptly (within one hour of restored operations) post
on the OASIS: (1) All requests for service that were received during
the outage; (2) whether those requests were accepted or denied; (3)
which, if any, requests were made by an affiliate; and (4) the day/time
when the OASIS service outage began and ended.\1\ The motion is denied
in all other respects.
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\1\ These postings should be made in the format and location
prescribed by the OASIS Standards and Communication Protocols
Document (S&CP Document).
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Background
On September 3, 1999, Coral Power, L.L.C., Dynegy Power Marketing,
Inc., Enron Power Marketing, Inc., and Tractabel Energy Marketing, Inc.
(collectively Movants) filed a motion seeking expedited clarification
that, in the event of an OASIS communications equipment malfunction,
transmission providers must allow transmission customers to use certain
back-up procedures. Movants request clarification that, in the event of
OASIS communications breakdown, transmission provides must accept
requests for transmission service made by telephone or facsimile.
Movants also argue that the Commission should not limit exceptions to
the OASIS-only reservation requirements to circumstances when OASIS
communications are down. Finally, Movants argue that, to prevent abuse,
if an affiliated customer submits a telephone or facsimile request
because of a failure in OASIS connections, the affiliate customer
should be required to submit a sworn affidavit of a corporate officer
attesting to these facts and that this affidavit should be posted on
the OASIS.
On September 20, 1999, Southern Company Services, Inc.,\2\ filed an
answer to Movants' motion. Southern agrees that, to the extent
practicable, a transmission provider should accept telephone and
facsimile reservations when its OASIS is unavailable. However, it
objects to the Movants' other two proposals.
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\2\ On behalf of Alabama Power Company, Georgia Power Company,
Gulf Power Company, Mississippi Power Company, and Savannah Electric
and Power Company (collectively referred to as ``Southern Company'')
(Southern).
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Discussion
The OASIS regulations do not contain any explicit requirement that
transmission providers accept requests for transmission service by
telephone or facsimile in the event that an OASIS node's communications
equipment malfunctions. Nevertheless, it is preferable to have
transmission providers accept transmission service requests by
telephone or facsimile during such outages, rather than for them to
deny all requests for service until the OASIS node's operations are
restored. Accordingly, as further discussed below, we will grant
Movants' motion for expedited clarification.
We believe this interpretation is entirely consistent with the
primary purpose of the OASIS rules, as discussed in the RIN NOPR,\3\
and as codified at 18 CFR 37.2, i.e., to provide potential transmission
customers with timely information that will enable them to obtain
transmission service on a non-discriminatory basis.\4\ This purpose is
not served if a transmission provider cites our regulations as a basis
for refusing requests for transmission service during an OASIS outage.
The OASIS is intended to promote access to transmission and access to
information about transmission and not to impede the provision of
transmission service. Likewise, the requirement at 18 CFR 37.6(e)(1)
that ``[a]ll requests for transmission services offered by Transmission
Providers under the pro forma tariff must be made on the OASIS''
implicitly presupposes a functioning operational OASIS.
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\3\ Real-Time Information Networks and Standards of Conduct,
notice of proposed rulemaking, FERC Stats. & Regs. Proposed
Regulations para. 32,516 at 33,170, 33,177 (1995).
\4\ In Order No. 889, Open Access Same-time Information System
(OASIS) and Standards of Conduct, FERC Stats. & Reg. para. 31,035 at
31,594 (1996) we stated: ``Section 37.2 sets out the fundamental
purpose of this part--to ensure that all potential customers of open
access transmission service have access to the information that will
enable them to obtain transmission service on a non-discriminatory
basis. Comments in response to the RIN NOPR did not take issue with
the proposed language of Sec. 37.2 and we are adopting this
provision largely without change.'' Likewise, as noted in Order No.
889-A, Open Access Same-time Information System (OASIS) and
Standards of Conduct, FERC Stats. & Regs., Regulations Preambles
para. 31,556 (1997) the requests for rehearing did not challenge
this provision.
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This is illustrated by our action in response to a request that we
clarify whether the directive at 18 CFR 37.6(e)(1), that all requests
for transmission services must be made on the OASIS, foreclosed the use
of requests by telephone or facsimile in certain circumstances
involving next-hour transactions. We responded by clarifying that,
during Phase 1, a request for transmission service made after 2:00
p.m. of the day preceding the commencement of such service, will be
``made on the OASIS'' if it is made directly on the OASIS, or, if it
is made by facsimile or telephone and promptly (within one hour)
posted on the OASIS by the Transmission Provider. In all other
circumstances, requests for transmission service must be made
exclusively on the OASIS.\5\
\5\ Open Access Same-time Information System (OASIS) and
Standards of Conduct, clarifying order, 77 FERC para. 61,335 at
62,492 (1996).
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The need for an exception to the OASIS-only reservation requirement
is even stronger in the case where the OASIS node is not functioning at
all.\6\ We, therefore, clarify that, during periods when an OASIS node
is not in operation, transmission customers may make, and OASIS
personnel shall respond to, requests for transmission service by
telephone or facsimile. Moreover, OASIS personnel may not deny such
requests on the basis that they were made off-line.
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\6\ Similarly, the importance to the Commission of maintaining
transmission business operations during emergencies is highlighted
by our exception at 18 CFR 37.4(a)(2) that allows system operators
to deviate from the standards of conduct, if needed to preserve
system reliability during emergencies.
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Movants have further requested that off-line requests for
transmission service be allowed not only when the OASIS node is not
functioning but also when the transmission customer's OASIS
communications equipment is malfunctioning. Southern responds by
pointing out that the Commission specifically rejected this argument in
Carolina Power & Light Company, 85 FERC para. 61,145 at 61,579 (1998).
We agree and will deny Movants' request. In our view, customers should
be able to make advance alternate arrangements that would allow them to
avert these kinds of malfunctions of, or interruptions to, their OASIS
communications. We are taking a strict position on this because it
would not be possible in each instance to verify the
[[Page 54290]]
source of a customer's communication problems and allowing such an
exception could lead to widespread circumvention of the requirement in
18 CFR 37.6(e)(2) that all requests for transmission service be made on
the OASIS, in hope of obtaining preferential treatment. It also could
lead to serious abuses regarding off-line communications between
transmission system operations employees, and affiliated wholesale
merchant employees.
To address this concern, the Movants propose that we require an
affiliated customer who submits a telephone or facsimile request
because of a failure in OASIS connections to submit a sworn affidavit
of a corporate officer attesting to these facts and that this affidavit
should be posted on the OASIS. Southern argues, to the contrary, that
Order No. 889 and the Standards of Conduct were intended to apply
equally to all transmission customers and were not intended to place
additional burdens on affiliate customers.
In our view, the better solution for Movants' concern is to put the
burden on all transmission customers to make advance alternate
arrangements, and require transmission providers to take telephone and
facsimile service requests only when the OASIS node itself (instead of
the customer's equipment) is inoperable. Nevertheless, this proposal
prompts us to add to our clarification that, on restoration of the
OASIS node's operations, OASIS personnel shall promptly (within one
hour of restored operations) post on the OASIS: (1) All requests for
service that were received during the outage; (2) whether those
requests were accepted or denied; (3) which, if any, requests were made
by an affiliate; and (4) the day/time when the OASIS service outage
began and ended.\7\
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\7\ See note 1 Supra.
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The Commission orders: Movants' request for expedited clarification
is granted in part, and denied in part, as discussed in the body of
this order.
By the Commission.
David P. Boergers,
Secretary.
[FR Doc. 99-25921 Filed 10-5-99; 8:45 am]
BILLING CODE 6717-01-M
