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- 7 - <br /> transmission facilities that do not act as an integrated grid would be inapposite. Thus, <br /> Elk River asks the Commission to waive any standards of conduct requirements <br /> otherwise applicable to Elk River as a function of the reciprocity obligation. <br /> Commission regulations provide that non-public utilities may file for waiver of all <br /> or part of the reciprocity conditions contained in a public utility open access tariff at any <br /> time. 18 C.F.R. § 35.28(e)(2). In Order Nos. 888, 889 and cases decided shortly <br /> thereafter, the Commission set forth the standards it would apply in determining whether <br /> to waive the standards of conduct and OASIS requirements applicable to a public utility <br /> or to a non-public utility through reciprocity.1° Under the Order No. 889-era test <br /> established in Black Creek Hydro," the Commission stated that it would waive standards <br /> of conduct and OASIS requirements "(1) if the applicant owns, operates, or controls only <br /> limited and discrete transmission facilities (rather than an integrated transmission grid); <br /> or (2) if the applicant is a small public utility" and is not part of a tight power pool. See <br /> Order No. 889-A, 62 Fed. Reg. 12,484, at 12,489, FERC Stats. &Regs. 31,049, at 30,555 <br /> (citing Black Creek Hydro, Inc., 77 FERC 1161,232 (1996)). <br /> The Commission recently amended the second standard, and has added a new <br /> standard for waivers applicable to utilities that have relinquished control of their facilities <br /> to an RTO/ISO. See Black Hills Power, 135 FERC 1161,058, PP 2-8. However, the <br /> 9 See Black Hills Power, 135 FERC¶61,058,P 2. <br /> 1°See Easton Utils. Comm'n, 83 FERC¶61,334,at 62,343 (1998);Dakota Elec. Ass'n,78 FERC¶61,117, <br /> at 61,452(1997)("We consider requests for waiver of Order No. 889 made by non-public utilities using the <br /> same standards we apply to requests for waiver made by public utilities."). <br /> "See, e.g.,Goshen Phase II, LLC, 133 FERC¶61,090, P 13 (2010)("In prior orders,the Commission has <br /> enunciated the standards for waiver of,or exemption from,some or all of the requirements of Order <br /> Nos. 888 and 889. The Commission has stated that the criteria for waiver of the requirements of Order <br /> No. 890 and Order No.2004 are unchanged from those used to evaluate requests for waiver under Order <br />