NERC Modification of a Regional-Entity Accepted Mitigation Plan Sample Clauses

NERC Modification of a Regional-Entity Accepted Mitigation Plan. Should Not Subject the Registered Entities to Violations or Penalties Consistent with P 88 of the April 19 Order, NERC revised Section 6.3 to provide that if a mitigation plan is rejected by the Compliance Enforcement Authority or the hearing body, the registered entity shall be subject to findings of violation and sanctions during the period the Mitigation Plan was under consideration. Section 6.5, however, adds a new provision enabling NERC to reject a mitigation plan accepted by the regional entity. This new provision does not address whether, if a regional entity-accepted mitigation plan is rejected by NERC, the registered entity would be subject to violations and penalties for the period during which the mitigation plan was under consideration. The resulting ambiguity could leave a registered entity potentially (and inequitably) vulnerable to penalties in such instances. TAPS requests that NERC be required to add a sentence to Section 6.5 to clarify that where XXXX rejects a mitigation plan previously accepted by a regional entity, the registered entity should not be subject to violations and penalties for the period during which the mitigation plan was under consideration by the regional entity and then by NERC. It would be unfair to penalize the registered entity, who in good faith committed to the mitigation plan required by its regional entity, for the regional entity’s failure to accurately assess what NERC might demand as a mitigation plan. The situation addressed by the newly added language in Section 6.5 (where NERC rejects a regional entity-accepted mitigation plan) is different and distinct from the situation addressed in P 88 of the April 19 Order (where the registered entity’s proposed mitigation plan is never accepted by the regional entity), with equities that warrant protection of the registered entity that adheres to the instruction of its regional entity. A registered entity should not be punished for the regional entity’s error in judgment in accepting a mitigation plan that XXXX later rejects. Thus, Section 6.5 should be revised to expressly state that where a regional entity accepts a mitigation plan, the registered entity will not be subject to violation or penalty for the period during which the mitigation plan was pending before the regional entity and NERC so long as the registered entity timely submits a mitigation plan complying with NERC’s directives.
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