The Federal Energy Regulatory Commission (FERC) approved a policy statement which outlined the ways in which it will advise the Environmental Protection Agency on requests for extended deadlines for electric generators to comply with the new mercury and air toxins standards rulings. The need for timeliness, fairness and transparency while maintaining FERC jurisdiction over the reliability of the bulk power system, is addressed in the process.
Comments filed in response to the January 30th staff White Paper were taken into account in the policy and the scope is limited to how advise will be provided by the Commission to the EPA and does not cover how FERC will respond to all electric reliability concerns arising from EPA regulation compliance.
The EPA allows three years for generators to comply with its rules, but some generators will be eligible for an extension of one year and in some cases an additional year if it is needed to meet specific reliability concerns. The final year to comply is where FERC’s policy statement comes in to play. FERC’s advice will be considered on whether or not grant this additional time, however the decision rests entirely with EPA.
FERC’s Office of Electric Reliability will lead the review of filings under its general investigative authority, to examine whether compliance with the rule could violate a FERC-approved reliability standard analyses or other FERC jurisdiction issues. Informational filings should provide the information needed for the Commission to examine potential violations to mandatory standards such as system planning and operations studies, operating procedures and mitigation plans and system restoration studies or plans. While the commission will not be seeking comment on the informational filings, EPA requires written comments by other parties be included in requests for extra time.