Common use of Responsive Pleadings Clause in Contracts

Responsive Pleadings. 57. FirstEnergy Service Company (FirstEnergy), Xcel, and Progress Energy, Inc. (Progress Energy) argue that section 3.4 fails to comply with the ERO Certification Order requirement that NERC avoid overlapping investigations.45 Xcel and Progress Energy assert that section 3.4, in this regard, states only that compliance violation investigations will generally be led by the Regional Entity, while NERC may assume leadership of the investigation for good cause.