Common use of Disputed Flowgates Clause in Contracts

Disputed Flowgates. If a Reciprocal Entity believes that another Reciprocal Entity implementing the congestion management portion of this process has a significant impact on one of their Flowgates, but that Flowgate was not included in the Coordinated Flowgate list, the involved Reciprocal Entities will use the following process. • If an operating emergency exists involving the candidate Flowgate, the Reciprocal Entities shall treat the facilities as a temporary Coordinated Flowgate prior to the study procedure below. If no operating emergency or imminent danger exists, the study procedure below shall be pursued prior to the candidate Flowgate being designated as a Coordinated Flowgate. • The Reciprocal Entity conducts studies to determine the conditions under which the other Reciprocal Entity would have a significant impact on the Flowgate in question. The Reciprocal Entity conducting the study then submits these studies to the other Reciprocal Entity implementing this process. The Reciprocal Entity’s studies should include each of the five studies described above; in addition to any other studies they believe illustrate the validity of their request. The other Reciprocal Entity will review the studies and determine if they appear to support the request of the Reciprocal Entity conducting the study. If they do, the Flowgate will be added to the list of Coordinated Flowgates. • If, following evaluation of the supplied studies, any Reciprocal Entity still disputes another Reciprocal Entity’s request, the Reciprocal Entity will submit a formal request to the NERC Operations Reliability Subcommittee (ORS) asking for further review of the situation. The ORS will review the studies of both the requesting Reciprocal Entity and the other Reciprocal Entity, and direct the participating Reciprocal Entities to take appropriate action.

Disputed Flowgates. If a Reciprocal Entity believes that another Reciprocal Entity implementing the congestion management portion of this process has a significant impact on one of their Flowgates, but that Flowgate was not included in the Coordinated Flowgate list, the involved Reciprocal Entities will use the following process. • If an operating emergency exists involving the candidate Flowgate, the Reciprocal Entities shall treat the facilities as a temporary Coordinated Flowgate prior to the study procedure below. If no operating emergency or imminent danger exists, the study procedure below shall be pursued prior to the candidate Flowgate being designated as a Coordinated Flowgate. • The Reciprocal Entity conducts studies to determine the conditions under which the other Reciprocal Entity would have a significant impact on the Flowgate in question. The Reciprocal Entity conducting the study then submits these studies to the other Reciprocal Entity implementing this process. The Reciprocal Entity’s studies should include each of the five four studies described above; in addition to any other studies they believe illustrate the validity of their request. The other Reciprocal Entity will review the studies and determine if they appear to support the request of the Reciprocal Entity conducting the study. If they do, the Flowgate will be added to the list of Coordinated Flowgates. • If, following evaluation of the supplied studies, any Reciprocal Entity still disputes another Reciprocal Entity’s request, the Reciprocal Entity will submit a formal request to the NERC Operations Reliability Subcommittee (ORS) asking for further review of the situation. The ORS will review the studies of both the requesting Reciprocal Entity and the other Reciprocal Entity, and direct the participating Reciprocal Entities to take appropriate action.

Disputed Flowgates. If a Reciprocal Entity believes that another Reciprocal Entity implementing the congestion management portion of this process has a significant impact on one of their Flowgates, but that Flowgate was not included in the Coordinated Flowgate list, the involved Reciprocal Entities will use the following process. • If an operating emergency exists involving the candidate Flowgate, the Reciprocal Entities shall treat the facilities as a temporary Coordinated Flowgate prior to the study procedure below. If no operating emergency or imminent danger exists, the study procedure below shall be pursued prior to the candidate Flowgate being designated as a Coordinated Flowgate. • The Reciprocal Entity conducts studies to determine the conditions under which the other Reciprocal Entity would have a significant impact on the Flowgate in question. The Reciprocal Entity conducting the study then submits these studies to the other Reciprocal Entity implementing this process. The Reciprocal Entity’s studies should include each of the five four studies described above; in addition to any other studies they believe illustrate the validity of their request. The other Reciprocal Entity will review the studies and determine if they appear to support the request of the Reciprocal Entity conducting the study. If they do, the Flowgate will be added to the list of Coordinated Flowgates. • If, following evaluation of the supplied studies, any Reciprocal Entity still disputes another Reciprocal Entity’s request, the Reciprocal Entity will submit a formal request to the NERC Operations Reliability Subcommittee (ORS) asking for further review of the situation. The ORS will review the studies of both the requesting Reciprocal Entity and the other Reciprocal Entity, and direct the participating Reciprocal Entities to take appropriate action.