Common use of Commission Findings Clause in Contracts

Commission Findings. 41. We find that NERC’s proposed compliance audit procedures satisfy the requirements of the ERO Certification Order. As discussed below, we also identify modifications to be addressed by NERC. As required by the ERO Certification Order, we find that NERC has included the necessary language in its audit procedures, at section 3.1.5, stating that no restrictions will be placed on the participation of Commission Staff in a compliance audit. We also find that NERC’s compliance audit procedures are generally consistent with GAO procedures.37 However, we direct NERC to review 36 The relevant language provides that “in the event the audit report identifies Alleged Violations, the final audit report, or pertinent part thereof, shall not be released to the public until after such Alleged Violations have been addressed and finally determined by the Compliance Enforcement Authority. . .” (emphasis added). GSOC asserts that the italicized phrase should be deleted. 37 Specifically, NERC’s audit procedures are based on the following GAO procedures: ¶ 3.03 through ¶ 3.32 (independence); ¶ 3.33 through ¶ 3.38 (professional judgment); ¶ 3.39 through 3.42 (competence); ¶ 3.45 through ¶ 3.48 (continuing professional education); ¶ 3.49 through ¶ 3.56 (quality control and assurance), and additional provisions addressing reporting and field work procedures. annually whether any changes to the GAO Standards have occurred and to address in its annual audit plan whether any changes in its audit procedures are appropriate.