Common use of Commission Findings Clause in Contracts

Commission Findings. 297. We find that the NPCC bylaws and the representations made in Exhibit B of the NPCC Delegation Agreement satisfy the governance requirements of FPA section 215 and the pro forma Exhibit B Governance Criteria. First, we note that NPCC is not a user, owner, or operator of bulk-power system facilities. Moreover, the NPCC board will be comprised of directors chosen from all industry segments, with no two sectors able to control a vote. No single sector will be able to veto a measure, given NPCC’s quorum and voting protocols. As such, NPCC’s board composition and voting protocols are designed to ensure that NPCC will be governed by an appropriate balance of stakeholder interests. 298. We clarify, however, that the NPCC bylaws are “rules,” under our regulations, which are subject to NERC approval and, if approved by NERC, Commission approval.167