April 19 Order. 178. The Commission, in the April 19 Order, accepted the RFC Delegation Agreement. The Commission also directed changes consistent with the required revisions to NERC’s pro forma documents. In addition, the April 19 Order directed NERC and RFC to make specific changes to the RFC Delegation Agreement.
April 19 Order. 140. The Commission, in the April 19 Order, accepted the TRE Delegation Agreement. The Commission also directed changes consistent with the required revisions to NERC’s pro forma documents. In addition, the April 19 Order directed NERC and TRE to make specific changes to the TRE Delegation Agreement. With respect to Exhibit E (Funding), the April 19 Order required that NERC and TRE address TRE’s obligations to: (i) transfer the money it collects to NERC; and (ii) not use its position as a billing and collection agent to unduly influence NERC’s decisions.78 The April 19 Order also required TRE to further support its deviation from the pro forma provision requiring NERC to fund TRE’s statutory reliability regulator-related costs on a quarterly basis. Finally, the April 19 Order required that the TRE Exhibit E identify all non-statutory activities, if any, engaged in by TRE and clarify how funding of these non-statutory activities will be kept separate from funding of statutory activities.79
April 19 Order. 157. The Commission, in the April 19 Order, accepted the MRO Delegation Agreement. The Commission also directed changes consistent with the required revision to NERC’s pro forma documents. In addition, the April 19 Order directed NERC and 87 116 FERC ¶ 61,062 at P 169. 88 See Delegation Agreements Rehearing Order, 120 FERC ¶ 61,260 at P 13-20. MRO to make specific changes to the MRO Delegation Agreement. Among other things, the April 19 Order found that membership fees must be identified in MRO’s annual budget and business plan.89 The April 19 Order also directed NERC and MRO to identify, at Exhibit E (Funding), data gathering activities as a statutory function as well as all non-statutory activities, if any, engaged in by MRO. In addition, the Commission required that the MRO Exhibit E clarify how funding of these non-statutory activities will be kept separate from funding of statutory activities.90
April 19 Order. 201. The Commission, in the April 19 Order, accepted the SPP Delegation Agreement. The Commission also directed changes consistent with the required revisions to NERC’s pro forma documents. In addition, the April 19 Order directed NERC and SPP to make specific changes to the SPP Delegation Agreement. 202. With respect to Exhibit B (Governance Structure), the April 19 Order found that the ability of the SPP Regional Entity trustees to act independently of the SPP RTO had not been sufficiently established in matters relating to their appointment and compensation, the preparation and control of budgets, the separation of personnel, the development of Reliability Standards and in other matters subject to the oversight and control of the SPP board. Accordingly, SPP was directed to modify the relevant provisions of its Exhibit B documents to ensure the independence of the SPP Regional Entity trustees vis a vis the SPP board.107 The April 19 Order also rejected SPP’s proposal to assess members a $6,000 annual fee, noting that SPP, if it wishes, may propose an appropriate fee in its annual budget filing.108 107 Id. P 397-98. 108 Id. P 403 (noting that the SPP Regional Entity trustees must exercise the ultimate control over the standards development process, not the SPP board or the market operations policy committee). See also Delegation Agreements Rehearing Order, 120 FERC ¶ 61,260 at P 23 (clarifying that the Commission’s earlier determination does not (continued…) 203. With respect to Exhibit E (Funding), the April 19 Order directed NERC and SPP to conform the provisions of that exhibit to the commitment made by SPP in its answer, i.e., to incorporate the cost assignment methodology reflected in the pro forma Exhibit E in place of the deviation reflected in the as-filed Exhibit E.109 The April 19 Order also required that the SPP Exhibit E identify all non-statutory activities, if any, engaged in by SPP and clarify how funding of these non-statutory activities will be kept separate from funding of statutory activities. Finally, the April 19 Order required that the SPP Exhibit E list data collection as a statutory activity, consistent with the provisions of the pro forma Exhibit E.
April 19 Order. 217. The Commission, in the April 19 Order, accepted the WECC Delegation Agreement. The Commission also directed changes consistent with the required revisions to NERC’s pro forma documents. In addition, the April 19 Order directed NERC and WECC to make specific changes to the WECC Delegation Agreement. With respect to Exhibit B (Governance Structure), the April 19 Order required WECC to address the lack of separation between its compliance staff and its reliability coordinator function.118 The April 19 Order also required WECC to modify, or eliminate, its annual 118 April 19 Order, 119 FERC ¶ 61,060 at P 453 and P 456 (noting that, if WECC wished, it could use NERC to oversee the compliance and enforcement functions as they relate to WECC’s compliance with Reliability Standards). fees,119 and rejected WECC’s proposal to assess members for the costs of non-statutory activities.120 218. With respect to Exhibit C (Reliability Standards Development), the April 19 Order held that WECC’s reliance on membership as a requirement for voting on Reliability Standards was inconsistent with the Commission’s requirement that participation in these matters be open and not require membership.121
April 19 Order. 239. The Commission, in the April 19 Order, accepted the FRCC Delegation Agreement. The Commission also directed changes consistent with the required revisions to NERC’s pro forma documents. In addition, the April 19 Order directed NERC and FRCC to make specific changes to the FRCC Delegation Agreement. 240. With respect to Exhibit B (Governance Structure), the April 19 Order required FRCC to modify its provision pursuant to which all members are assessed for the costs of FRCC’s non-statutory activities.127 In addition, the April 19 Order required FRCC to modify its provision pursuant to which it assesses affiliate and adjunct members a $5,000 annual fee.128 241. With respect to Exhibit D (Compliance Monitoring and Enforcement), the April 19 Order required that in the case of a notice of alleged violation proposed to be issued to a particular registered entity, no member of the FRCC compliance committee who is employed by, or has a financial or other interest in the registered entity, or any of its affiliates, may participate in the review.129 The April 19 Order further held that FRCC’s CMEP failed to identify the number of votes required to carry a hearing body vote if quorum of the FRCC board compliance committee, but not its full membership, serves as a the hearing body in a given case. 127 April 19 Order, 119 FERC ¶ 61,060 at P 552 (noting that while it would be improper to require interested stakeholders to fund non-statutory activities, as a condition to their membership in FRCC, FRCC may collect funds through other means, such as user fees, or may charge special membership fees to those who either choose or are required to participate in non-FPA section 215 activities). 128 Id. (noting that Regional Entities may assess nominal membership fees in their annual budget filings). 129 Id. P 575. 242. With respect to Exhibit E (Funding), the April 19 Order required FRCC to identify, in its Exhibit E, its non-statutory activities, if any, and to address how funding of these activities will be kept separate from funding of statutory activities.130
