Common use of Disposition of Recommendations Clause in Contracts

Disposition of Recommendations. 5.3.3.1. If the ISO or a PTO makes a recommendation to amend the PTO Maintenance Practices of a PTO, as contemplated in Sections 5.3.1 or 5.3.2 of this Appendix C, the other Party shall have 30 days to provide a notice to the recommending party, pursuant to Section 26.1 of the Transmission Control Agreement, that it does not agree with the recommended amendment. If it fails to provide such notice of disagreement, the recommended amendment shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO, effective as of the date specified in the notice of the 5.3.3.2. If a PTO makes a recommendation to amend its PTO Maintenance Practices, and if the ISO provides notice within the 30 days specified in the first paragraph of this Section 5.3.3, pursuant to Section 26.1 of the Transmission Control Agreement, that the ISO, having regard for the Section 348 Criteria, does not agree with the recommended amendment, the PTO and the ISO shall make good faith efforts to reach a resolution relating to the recommended amendment. If, after such efforts, the PTO and the ISO cannot reach a resolution, the pre-existing PTO Maintenance Practices shall be retained. Either Party may, however, seek further redress through appropriate processes, including the Maintenance Coordination Committee, the ISO Governing Board, and/or the dispute resolution mechanism specified in Section 15 of the Transmission Control Agreement. Following the conclusion of the redress processes, the PTO’s Maintenance Practices, as altered, if at all, by these processes, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO. 5.3.3.3. If the ISO makes a recommendation to amend the PTO Maintenance Practices of a PTO, the PTO Maintenance Practices, as amended pursuant to the ISO recommendation, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO, effective as of the date specified by the ISO in its notice of recommended amendment. If the PTO gives notice of a disagreement within the 30 days specified in the first paragraph of this Section 5.3.3, the PTO and the ISO shall make good faith efforts to reach a resolution relating to the recommended amendment. If a resolution is not reached, either Party may seek further redress through appropriate processes, including the Maintenance Coordination Committee, the ISO Governing Board, and/or the dispute resolution mechanism specified in Section 15 of the Transmission Control Agreement. The PTO may also request, during the initial attempts at resolution and at any stage of the redress processes, a deferral of the ISO recommended amendment, and the ISO 5.3.3.4. If the ISO determines in its judgment, after considering the Section 348 Criteria, that prompt action is required to avoid a substantial risk to safety or reliability, it may direct a PTO to implement certain temporary maintenance activities in a period of less than 30 days, by issuing an advisory to the PTO to that effect, by way of a notice delivered in accordance with Section 26.1 of the Transmission Control Agreement. Any such maintenance practice advisories shall specify why implementation solely under Section 5.3.3.3 is not sufficient to avoid a substantial risk to safety or reliability including, where a substantial risk is not imminent or clearly imminent, why prompt action is nevertheless required. If time permits, the ISO shall consult with the relevant PTO before issuing a maintenance practice advisory. Upon receiving such an advisory, a PTO shall implement the temporary maintenance activities in question, as of the date specified by the ISO in its advisory, unless the PTO provides a notice to the ISO, in accordance with Section 26.1 of the Transmission Control Agreement, that the PTO is unable to implement the temporary maintenance activities as specified. Even if the PTO provides such a notice, the PTO shall use its best efforts to implement the temporary maintenance activities as fully as possible. All such maintenance practice advisories shall cease to have effect in 90 days after issuance or such earlier period as the ISO provides in its notice. Renewal or extension of such temporary maintenance requirements beyond 90 days shall require a 5.3.3.5. Nothing in this Transmission Control Agreement shall be construed to limit the ISO’s authority under Public Utilities Code Section 348 to adopt inspection, maintenance, repair, and replacement standards for the transmission facilities under ISO control.

Disposition of Recommendations. 5.3.3.1. If the ISO or a PTO makes a recommendation to amend the PTO Maintenance Practices of a PTO, as contemplated in Sections 5.3.1 or 5.3.2 of this Appendix C, the other Party shall have 30 days to provide a notice to the recommending party, pursuant to Section 26.1 of the Transmission Control Agreement, that it does not agree with the recommended amendment. If it fails to provide such notice of disagreement, the recommended amendment shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO, effective as of the date specified in the notice of thethe recommended amendment, which date shall be no earlier than 30 days from the date of issuance of such notice of amendment. 5.3.3.2. If a PTO makes a recommendation to amend its PTO Maintenance Practices, and if the ISO provides notice within the 30 days specified in the first paragraph of this Section 5.3.3, pursuant to Section 26.1 of the Transmission Control Agreement, that the ISO, having regard for the Section 348 Criteria, does not agree with the recommended amendment, the PTO and the ISO shall make good faith efforts to reach a resolution relating to the recommended amendment. If, after such efforts, the PTO and the ISO cannot reach a resolution, the pre-existing PTO Maintenance Practices shall be retained. Either Party may, however, seek further redress through appropriate processes, including the Maintenance Coordination Committee, the ISO Governing Board, and/or the dispute resolution mechanism specified in Section 15 of the Transmission Control Agreement. Following the conclusion of the redress processes, the PTO’s 's Maintenance Practices, as altered, if at all, by these processes, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO. 5.3.3.3. If the ISO makes a recommendation to amend the PTO Maintenance Practices of a PTO, the PTO Maintenance Practices, as amended pursuant to the ISO recommendation, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO, effective as of the date specified by the ISO in its notice of recommended amendment. If the PTO gives notice of a disagreement within the 30 days specified in the first paragraph of this Section 5.3.3, the PTO and the ISO shall make good faith efforts to reach a resolution relating to the recommended amendment. If a resolution is not reached, either Party may seek further redress through appropriate processes, including the Maintenance Coordination Committee, the ISO Governing Board, and/or the dispute resolution mechanism specified in Section 15 of the Transmission Control Agreement. The PTO may also request, during the initial attempts at resolution and at any stage of the redress processes, a deferral of the ISO recommended amendment, and the ISO shall not unreasonably withhold its consent to such a request, having regard to the Section 348 Criteria. Following the conclusion of the redress processes, the PTO's Maintenance Practices, as altered, if at all, by these processes, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO. 5.3.3.4. If the ISO determines in its judgment, after considering the Section 348 Criteria, that prompt action is required to avoid a substantial risk to safety or reliability, it may direct a PTO to implement certain temporary maintenance activities in a period of less than 30 days, by issuing an advisory to the PTO to that effect, by way of a notice delivered in accordance with Section 26.1 of the Transmission Control Agreement. Any such maintenance practice advisories shall specify why implementation solely under Section 5.3.3.3 is not sufficient to avoid a substantial risk to safety or reliability including, where a substantial risk is not imminent or clearly imminent, why prompt action is nevertheless required. If time permits, the ISO shall consult with the relevant PTO before issuing a maintenance practice advisory. Upon receiving such an advisory, a PTO shall implement the temporary maintenance activities in question, as of the date specified by the ISO in its advisory, unless the PTO provides a notice to the ISO, in accordance with Section 26.1 of the Transmission Control Agreement, that the PTO is unable to implement the temporary maintenance activities as specified. Even if the PTO provides such a notice, the PTO shall use its best efforts to implement the temporary maintenance activities as fully as possible. All such maintenance practice advisories shall cease to have effect in 90 days after issuance or such earlier period as the ISO provides in its notice. Renewal or extension of such temporary maintenance requirements beyond 90 days shall require aa recommendation process pursuant to Section 5.3.3.2 or Section 5.3.3.3 of this Appendix. 5.3.3.5. Nothing in this Transmission Control Agreement shall be construed to limit the ISO’s 's authority under Public Utilities Code Section 348 to adopt inspection, maintenance, repair, and replacement standards for the transmission facilities under ISO control.

Disposition of Recommendations. 5.3.3.1. If the ISO or a PTO makes a recommendation to amend the PTO Maintenance Practices of a PTO, as contemplated in Sections 5.3.1 or 5.3.2 of this Appendix C, the other Party shall have 30 days to provide a notice to the recommending party, pursuant to Section 26.1 of the Transmission Control Agreement, that it does not agree with the recommended amendment. If it fails to provide such notice of disagreement, the recommended amendment shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO, effective as of the date specified in the notice of the, 5.3.3.2. If a PTO makes a recommendation to amend its PTO Maintenance Practices, and if the ISO provides notice within the 30 days specified in the first paragraph of this Section 5.3.3, pursuant to Section 26.1 of the Transmission Control Agreement, that the ISO, having regard for the Section 348 Criteria, does not agree with the recommended amendment, the PTO and the ISO shall make good faith efforts to reach a resolution relating to the recommended amendment. If, after such efforts, the PTO and the ISO cannot reach a resolution, the pre-existing PTO Maintenance Practices shall be retained. Either Party may, however, seek further redress through appropriate processes, including the Maintenance Coordination Committee, the ISO Governing Board, and/or the dispute resolution mechanism specified in Section 15 of the Transmission Control Agreement. Following the conclusion of the redress processes, the PTO’s Maintenance Practices, as altered, if at all, by these processes, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO. 5.3.3.3. If the ISO makes a recommendation to amend the PTO Maintenance Practices of a PTO, the PTO Maintenance Practices, as amended pursuant to the ISO recommendation, shall be deemed adopted by the ISO, pursuant to California Public Utilities Code Section 348, as the PTO Maintenance Practices for that PTO, effective as of the date specified by the ISO in its notice of recommended amendment. If the PTO gives notice of a disagreement within the 30 days specified in the first paragraph of this Section 5.3.3, the PTO and the ISO shall make good faith efforts to reach a resolution relating to the recommended amendment. If a resolution is not reached, either Party may seek further redress through appropriate processes, including the Maintenance Coordination Committee, the ISO Governing Board, and/or the dispute resolution mechanism specified in Section 15 of the Transmission Control Agreement. The PTO may also request, during the initial attempts at resolution and at any stage of the redress processes, a deferral of the ISO recommended amendment, and the ISOdispute 5.3.3.4. If the ISO determines in its judgment, after considering the Section 348 Criteria, that prompt action is required to avoid a substantial risk to safety or reliability, it may direct a PTO to implement certain temporary maintenance activities in a period of less than 30 days, by issuing an advisory to the PTO to that effect, by way of a notice delivered in accordance with Section 26.1 of the Transmission Control Agreement. Any such maintenance practice advisories shall specify why implementation solely under Section 5.3.3.3 is not sufficient to avoid a substantial risk to safety or reliability including, where a substantial risk is not imminent or clearly imminent, why prompt action is nevertheless required. If time permits, the ISO shall consult with the relevant PTO before issuing a maintenance practice advisory. Upon receiving such an advisory, a PTO shall implement the temporary maintenance activities in question, as of the date specified by the ISO in its advisory, unless the PTO provides a notice to the ISO, in accordance with Section 26.1 of the Transmission Control Agreement, that the PTO is unable to implement the temporary maintenance activities as specified. Even if the PTO provides such a notice, the PTO shall use its best efforts to implement the temporary maintenance activities as fully as possible. All such maintenance practice advisories shall cease to have effect in 90 days after issuance or such earlier period as the ISO provides in its notice. Renewal or extension of such temporary maintenance requirements beyond 90 days shall require a 5.3.3.5. Nothing in this Transmission Control Agreement shall be construed to limit the ISO’s authority under Public Utilities Code Section 348 to adopt inspection, maintenance, repair, and replacement standards for the transmission facilities under ISO control.