NERC Compliance. O&M Contractor shall register as the Generator Operator of the Facility effective as of the Commencement Date. Owner shall register as Generator Owner of the Facility. O&M Contractor shall comply with all NERC obligations related to the Project or this Agreement applicable to the Generator Operator required as of the Effective Date, new NERC standards becoming effective after the Effective Date but publicly available on the Effective Date, and any new NERC standards that require compliance within twelve (12) months after the Commencement Date, including those items listed as O&M Contractor’s sole obligation in Part II of Exhibit F. In addition, O&M Contractor shall perform all tests and prepare all documents and models necessary to support Owner’s submission and defense of the NERC obligations specified in Part I of Exhibit F. Owner and O&M Contractor shall provide such cooperation and support to the other Party as such other Party may reasonably request with respect to the shared responsibility NERC compliance obligations in Part III of Exhibit F; provided that the Party listed as the responsible party in Exhibit F for such obligation shall have the overall responsibility for compliance with such NERC obligation.
NERC Compliance. O&M Contractor shall perform the NERC compliance obligations set forth in Exhibit F as O&M Contractor’s responsibility and shall provide such cooperation and support to Owner as Owner may reasonably request with respect to Owner’s NERC compliance obligations under Exhibit F. O&M Contractor shall register as the Generator Operator of the Facility effective as of the Commencement Date. Owner shall register as Generator Owner of the Facility. O&M Contractor shall comply with all NERC obligations related to the Project or this Agreement applicable to the Generator Operator required as of the Effective Date, new NERC standards becoming effective after the Effective Date but publicly available on the Effective Date, and any new NERC standards that require compliance within twelve (12) m onths after the Commencement Date, including those items listed as O&M Contractor’s sole obligation in Part II of Exhibit F. In addition, O&M Contractor shall perform all tests and prepare all documents and models necessary to support Owner’s submission and defense of the NERC obligations specified in Part I of Exhibit F. Owner and O&M Contractor shall provide such cooperation and support to the other Party as such other Party may reasonably request with respect to the shared responsibility NERC compliance obligations in Part III of Exhibit F; provided that the Party listed as the responsible party in Exhibit F for such obligation shall have the overall responsibility for compliance with such NERC obligation.
NERC Compliance. TPS will use commercially reasonable efforts to assist Customer in any audit of Customer initiated by a regional reliability coordinator, or NERC including preparation of responses to the regional reliability coordinator or NERC data requests related to NERC standards for which TPS has information useful to Customer for the demonstration of compliance. Nothing contained in this Agreement will be construed to make TPS a GO, GOP, a load serving entity (“LSE”), or any similar entity, or to make TPS subject to any classification under applicable NERC rules as a result of TPS’s execution of this Agreement or TPS’s performance of the services or otherwise. As between the Parties, Customer will be responsible for meeting any GO, GOP, or LSE requirements or for arranging for a party other than TPS to assume that responsibility. In the event NERC, a regional reliability entity, or other party seeks to designate TPS in any of these categories, Customer will defend and indemnify TPS from such designation, and cause itself or a Third Party to accept such designation in lieu of TPS.
NERC Compliance. As of the Closing Date, as between Seller and Buyer, Buyer shall be responsible for compliance with any applicable reliability standards promulgated by NERC with respect to the Purchased Assets and Easement Rights unless specified otherwise in the ATXI-Wabash Valley NERC Compliance Cooperation Agreement. From and after the date hereof and continuing after Closing, Seller will provide records and other information related to historical compliance requirements pertaining to the Purchased Assets and Easement Rights to Buyer, if needed, for the purposes of responding to any inquiries, audits, investigations, etc. from FERC, NERC, MISO, and/or SERC.
NERC Compliance. The Parties understand and agree that the Seller, and not the Buyer, shall be responsible for compliance with the North American Electric Reliability Corporation (NERC) Compliance Monitoring and Enforcement Program as such compliance relates to the Seller’s obligations under this Agreement and/or ownership and/or operation of the Unit.
NERC Compliance. Program Process depicts the overall process steps for the Compliance Program and each of the subsequent process diagrams are either inputs to the overall process or represent an expansion of a single process (e.g., hearing process) shown on this diagram. Compliance Monitoring and Enforcement Program NERC Compliance Monitoring and Enforcement Program Overview Compliance Enforcement Authority More Data Needed Complete? Data Submission Complete Step 2 - Staff Review & Determination of Alleged Violation Yes End Process and Notifications No No Violation Step 3 Violation Level and Sanction Determination No Violation Hearing Rejects Resolution: Agreement or Settlement* Accepts Sanction Imposed Registered Entity Step 1 - Sources of Violations: Compliance Audits, Self Certifications, Spot Checks, Event Investigations, Self Reporting, or Periodic Data yes Violation Notice of Alleged Violation and Proposed Penalty or Sanction Review of Registered Entity Accepts or Rejects Findings Violation Registered Entity Accepts or Rejects Hearing Outcome Accepts Mitigation Plan Process Notice of Confirmation Submittal Violation and Sanction Determination by Registered Entity Accepts Rejects Complaints Initial Notice of Alleged Violation ERO See Complaint Process Initial Notice of Alleged Violation Remedial Action Process Notice of Alleged Violation and Proposed Penalty or Sanction ERO Appeal Process Notice of Confirmation Governmental Authorities *Settlement Notice to Governmental Authorities Notice to Governmental Authorities Notice to Governmental Authorities Settlement negotiations may occur at any time until a Notice of Penalty is filed with FERC
NERC Compliance. Manager shall oversee programs and procedures for Owners’ compliance with the NERC Reliability Standards. In so doing, Manager shall work with the Operators pursuant to the O&M Agreements to ensure that Owners maintain compliance with all applicable NERC Reliability Standards and implement programs and processes as necessary to
NERC Compliance. The parties recognize that the Generator currently falls below the capacity threshold that would require compliance with reliability standards issued by NERC and/or WECC, and that Seller does not otherwise trigger those requirements at this time. If reliability compliance requirements are in the future made applicable to Selleror the Generator, the parties shall cooperate to develop a compliance plan that may include an agreement as to specific responsibilities assigned to each party in accordance with the then-governing NERC and/or WECC reliability standards.
