Common use of Commission Determination Clause in Contracts

Commission Determination. The Commission accepts ▇▇▇▇’s and FRCC’s proposed changes to the FRCC Delegation Agreement, subject to revision. With respect to FRCC’s compliance committee review process, we expect each Regional Entity’s compliance staff to be independent and technically competent. Thus, we are not persuaded that the compliance committee review process, as revised in Exhibit D, section 1.2, should be permanent. Further, if the process is to be limited to a review of how to comply with requirements of the Reliability Standards, as proposed, reviews should not relate to the development of proposals for a penalty or sanction for violations, as could be permitted under NERC’s and FRCC’s proposal. In addition, only FRCC compliance staff should initiate the review process, when it believes that a review is appropriate. We require NERC and Docket No. RR06-1-016, et al. -43- FRCC to amend section 1.2 to state that the review process is to be initiated only by compliance staff and that the process may not be used to determine proposals for penalties or sanctions for violations.

Commission Determination. The Commission accepts ▇▇▇▇NERC’s and FRCC’s proposed changes to the FRCC Delegation Agreement, subject to revision. With respect to FRCC’s compliance committee review process, we expect each Regional Entity’s compliance staff to be independent and technically competent. Thus, we are not persuaded that the compliance committee review process, as revised in Exhibit D, section 1.2, should be permanent. Further, if the process is to be limited to a review of how to comply with requirements of the Reliability Standards, as proposed, reviews should not relate to the development of proposals for a penalty or sanction for violations, as could be permitted under NERC’s and FRCC’s proposal. In addition, only FRCC compliance staff should initiate the review process, when it believes that a review is appropriate. We require NERC and Docket No. RR06-1-016, et al. -43- FRCC to amend section 1.2 to state that the review process is to be initiated only by compliance staff and that the process may not be used to determine proposals for penalties or sanctions for violations.

Commission Determination. The Commission accepts ▇▇▇▇’s and FRCC’s proposed changes to the FRCC Delegation Agreement, subject to revision. With respect to FRCC’s compliance committee review process, we expect each Regional Entity’s compliance staff to be independent and technically competent. Thus, we are not persuaded that the compliance committee review process, as revised in Exhibit D, section 1.2, should be permanent. Further, if the process is to be limited to a review of how to comply with requirements of the Reliability Standards, as proposed, reviews should not relate to the development of proposals for a penalty or sanction for violations, as could be permitted under NERC’s and FRCC’s proposal. In addition, only FRCC compliance staff should initiate the review process, when it believes that a review is appropriate. We require NERC and Docket No. RR06-1-016, et al. -43- FRCC to amend section 1.2 to state that the review process is to be initiated only by compliance staff and that the process may not be used to determine proposals for penalties or sanctions for violations.