March 21 Order. 113. The March 21 Order required that the WECC hearing procedures be revised, at paragraph 1.4.1(b), with respect to WECC compliance staff’s obligation to produce exculpatory evidence.54 Specifically, the Commission required that this obligation be subject to and limited by any applicable privilege and required WECC to explain why this obligation should extend, at paragraph 1.4.1(b)(3), to documents not otherwise discoverable or needed for a complete record. The Commission also directed WECC to clarify the meaning of the term “material” exculpatory evidence in the context of proposed paragraph 1.4.1.
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Sources: Delegation Agreement, Delegation Agreement, Delegation Agreement