Common use of Responsive Pleadings Clause in Contracts

Responsive Pleadings. 130. GSOC argues that section 5.1(iv) should specifically require a notice of alleged violation to include an explanation of how a proposed penalty addresses whether the violator saw its violation as an economic choice or a cost of doing business. 131. FirstEnergy requests that section 5.1(iv) be amended to establish a safe harbor from enforcement actions resulting from situations in which a registered entity “excursion” from a reliability standard was directed or caused by an apparently conflicting legal requirement. FirstEnergy also requests that in such instances, the registered entity should not be deemed or found to have violated the reliability standard or be subject to penalties.