Open Access Same-Time Information System and Standards of

B-271810.3 May 24, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights This is our report on a major rule promulgated by the Federal Energy Regulatory Commission (Commission). The final rule was published in the Federal Register on May 10. Order No. 888) was also published in the Federal Register on May 10. We are issuing a separate report. Enclosed is our assessment of the Commission's compliance with the procedural requirements referred to in sections 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report. The official responsible for GAO's work related to the Commission is Victor S. ORDER NO. 889) (i) Cost-Benefit Analysis The Commission indicated in its submission to us that it was not required to prepare and did not prepare a cost-benefit analysis of the rule. (ii) Agency Actions Relevant to the Regulatory Flexibility Act. View Decision Open Access Same-Time Information System and Standards of Conduct, B-271810.3, May 24, 1996 The Honorable Frank H. Murkowski Chairman The Honorable J. Bennett Johnston Ranking Minority Member Committee on Energy and Natural Resources United States Senate The Honorable Thomas J. Bliley, Jr. Chairman The Honorable John D. Dingell Ranking Minority Member Committee on Commerce House of Representatives Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Federal Energy Regulatory Commission (Commission), Department of Energy, entitled "Open Access Same-Time Information System and Standards of Conduct" (Docket No. RM95-9-000; Order No. 889). The Commission issued the final rule on April 24, 1996, and we received it on April 25, 1996. The final rule was published in the Federal Register on May 10, 1996. 61 Fed. Reg. 21737. A companion rule entitled "Promoting Wholesale Competition Through Open Access Non-Discriminatory Transmission Services by Public Utilities; Recovery of Stranded Costs by Public Utilities and Transmitting Utilities" (Docket Nos. RM95-8-000 and RM94-7-001; Order No. 888) was also published in the Federal Register on May 10, 1996. 61 Fed. Reg. 21540. Today, we are issuing a separate report, captioned B-271810.4, GAO/OGC-96-13 on the companion rule. On May 1, 1996, Representative Bob Franks introduced a joint resolution to disapprove both final rules pursuant to section 802(a) of title 5. 142 Cong. Rec. H4397. This rule would require each public utility that owns, controls, or operates transmission facilities used for transmitting electric energy in interstate commerce to create or participate in an open access same-time information system (OASIS). The OASIS would provide potential customers with information needed to obtain the open access non-discriminatory service required by the Commission's companion rule. This rule would also require public utilities to implement standards of conduct to functionally separate transmission and wholesale power merchant functions. Enclosed is our assessment of the Commission's compliance with the procedural requirements referred to in sections 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that the Commission complied with the applicable requirements. If you have any questions about this report, please contact Helen T. Desaulniers, Senior Attorney, at (202) 512-4740. The official responsible for GAO's work related to the Commission is Victor S. Rezendes, Director for Energy, Resources, and Science Issues. Mr. Rezendes can be reached at (202) 512-3841. Robert P. Murphy General Counsel Enclosure cc: The Honorable Elizabeth A. Moler Chair Federal Energy Regulatory Commission ENCLOSURE ANALYSIS UNDER 5 U.S.C. Secs. 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE ISSUED BY THE FEDERAL ENERGY REGULATORY COMMISSION ENTITLED "OPEN ACCESS SAME-TIME INFORMATION SYSTEM (OASIS) AND STANDARDS OF CONDUCT" (DOCKET NO. RM95-9-000; ORDER NO. 889) (i) Cost-Benefit Analysis The Commission indicated in its submission to us that it was not required to prepare and did not prepare a cost-benefit analysis of the rule. (ii) Agency Actions Relevant to the Regulatory Flexibility Act, 5 U.S.C. Secs. 603-605, 607 and 609 Section 603: Initial Regulatory Flexibility Analysis The preamble to the proposed rule stated that the entities that would be required to comply with the rule are public utilities and transmitting utilities that do not fall within the Regulatory Flexibility Act's definition of small entity. /1/ 60 Fed. Reg. 66197-8. Accordingly, the Commission certified, pursuant to 5 U.S.C. 605(b), that the rule would not have a significant economic impact on a substantial number of small entities and did not prepare an initial regulatory flexibility analysis. 60 Fed. Reg. at 66198. Section 605(b) states that the certification and explanatory statement shall be provided to the Chief Counsel for Advocacy of the Small Business Administration (SBA).