Common use of Commission Determination Clause in Contracts

Commission Determination. We accept NERC’s and MRO’s proposed changes to the MRO Delegation Agreement, subject to revision. With respect to the proposed revision at Exhibit E, section 5 (i.e., the language stating that the MRO board may establish initiation fees for new members), we clarify that MRO may not charge a membership fee of any kind unless that fee has been submitted for Commission approval as a Regional Entity Rule change and may only take effect upon Commission approval.39 Exhibit E, section 5 states that MRO shall provide a budget for non-statutory activities to NERC at the same time that it submits to NERC its budget for statutory activities. However, the MRO bylaws, at section 5.8, address this requirement only in part, providing that “[t]he board of directors shall propose to NERC a budget for delegated functions exercised by [MRO].” Given the potential inconsistency between these provisions, we clarify that the MRO bylaws, at section 5.8, will be construed consistent with the requirements of Exhibit E, section 5.