Common use of Commission Determination Clause in Contracts

Commission Determination. We accept NERC’s and NPCC’s proposed revisions to the NPCC Delegation Agreement, subject to revisions. With respect to NPCC’s proposed modifications to the NPCC Exhibit D, at section 2.0, regarding the voting requirements applicable to the NPCC hearing body, it remains unclear whether the corollary requirement that no two stakeholder sectors may control, and no single stakeholder sector may veto, a decision by the NPCC board or any of its committees (a requirement set forth under the NPCC Delegation Agreement, at section 2(a)(i)), will apply to the compliance committee’s actions as a hearing body. Accordingly, we direct NPCC to clarify whether this requirement applies to the actions of the compliance committee as a hearing body or justify why it should not. We observe that sections VII.E and VIII of the NPCC bylaws are unclear as to whether the compliance committee, when acting as the hearing body, will render its decisions by a majority of the votes cast by a quorum. To that extent, the NPCC bylaws may be inconsistent with section 2.0 of the NPCC Exhibit D. Accordingly, we require NPCC to amend its bylaws to remove this ambiguity.