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Federal Energy Regulatory Commission

Pt. 41

determining whether the state action
is inconsistent with a Reliability
Standard, taking into consideration
any recommendation of the Electric
Reliability Organization and the state.
(c) The Commission, after consultation with the Electric Reliability Organization and the state taking action,
may stay the effectiveness of the state
action, pending the Commission’s
issuance of a final order.

PART 40—MANDATORY RELIABILITY
STANDARDS FOR THE BULKPOWER SYSTEM

§ 39.13

§ 40.1 Applicability.
(a) This part applies to all users,
owners and operators of the BulkPower System within the United
States (other than Alaska or Hawaii),
including, but not limited to, entities
described in section 201(f) of the Federal Power Act.
(b) Each Reliability Standard made
effective by § 40.2 must identify the
subset of users, owners and operators
of the Bulk-Power System to which a
particular Reliability Standard applies.

Regional Advisory Bodies.

(a) The Commission will establish a
Regional Advisory Body on the petition of at least two-thirds of the states
within a region that have more than
one-half of their electric load served
within the region.
(b) A petition to establish a Regional
Advisory Body shall include a statement that the Regional Advisory Body
is composed of one member from each
participating state in the region, appointed by the governor of each state,
and may include representatives of
agencies, states and provinces outside
the United States.
(c) A Regional Advisory Body established by the Commission may provide
advice to the Electric Reliability Organization or a Regional Entity or the
Commission regarding:
(1) The governance of an existing or
proposed Regional Entity within the
same region;
(2) Whether a Reliability Standard
proposed to apply within the region is
just, reasonable, not unduly discriminatory or preferential, and in the public interest;
(3) Whether fees for all activities
under this part proposed to be assessed
within the region are just, reasonable,
not unduly discriminatory or preferential, and in the public interest; and
(4) Any other responsibilities requested by the Commission.
(d) The Commission may give deference to the advice of a Regional Advisory Body established by the Commission that is organized on an Interconnection-wide basis.

Sec.
40.1 Applicability.
40.2 Mandatory Reliability Standards.
40.3 Availability of Reliability Standards.
AUTHORITY: 16 U.S.C. 824o.
SOURCE: Order 693, 72 FR 16598, Apr. 4, 2007,
unless otherwise noted.

§ 40.2 Mandatory Reliability Standards.
(a) Each applicable user, owner or operator of the Bulk-Power System must
comply with Commission-approved Reliability Standards developed by the
Electric Reliability Organization.
(b) A proposed modification to a Reliability Standard proposed to become
effective pursuant to § 39.5 of this Chapter will not be effective until approved
by the Commission.
§ 40.3 Availability of Reliability Standards.
The Electric Reliability Organization
must post on its Web site the currently
effective Reliability Standards as approved and enforceable by the Commission. The effective date of the Reliability Standards must be included in
the posting.

PART 41—ACCOUNTS, RECORDS,
MEMORANDA AND DISPOSITION
OF CONTESTED AUDIT FINDINGS
AND PROPOSED REMEDIES
DISPOSITION OF CONTESTED AUDIT FINDINGS
AND PROPOSED REMEDIES
Sec.

371

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