NERC’s Compliance Proposal Sample Clauses

NERC’s Compliance Proposal. 129. NERC states that the Commission, in the Second Compliance Filing Order, accepted NERC’s proposed revisions to the NERC Sanction Guidelines in partial compliance with the penalty provision requirements of the ERO Certification Order.
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NERC’s Compliance Proposal. 18. NERC, in its compliance filing, submits a revised Exhibit C to the pro forma Delegation Agreement, consisting of 34 “Common Attributes” to govern the development of reliability standards. NERC states that these Common Attributes establish a uniform framework that will ensure that any resulting reliability standard will be technically sound, capable of achieving a valuable reliability goal, and consistent with NERC’s own rules.19 NERC also states that its proposed pro forma 17 See ERO Certification Order, 116 FERC ¶ 61,062 at P 520.
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NERC’s Compliance Proposal. 28. NERC, in its compliance filing, states that its proposed Uniform Compliance Program, at section 3.1, describes the procedures each Regional Entity will be required to use in carrying out a compliance audit.33 The procedures state that the guidelines for conducting compliance will be established for those reliability standards included in the audit and that such guidelines will be consistent with accepted auditing guidelines as approved by NERC and consistent with GAO Standards. NERC adds that because it must operate under the jurisdiction of Canadian governmental authorities and, eventually, Mexican governmental authorities, it will also consider standards established by these authorities in developing audit guidelines and training materials.
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NERC’s Compliance Proposal. 97. NERC, in its compliance filing, states that its Uniform Compliance Program, at section 5.4, sets out the process to be followed with respect to settlements. First, negotiations must conform to the NERC Rules of Procedure.68 NERC proposes that 65 Failure to implement a remedial action directive could subject a registered entity to an action for injunctive relief by NERC, a Regional Entity or the Commission. See ERO Certification Order, 116 FERC ¶ 61,062 at P 367. 66 Id.. at P 358 and P 365 (finding that NERC’s list of activities it could require in a remedial action directive, including items other than those AMP-Ohio urges as appropriate, are not excessive).
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NERC’s Compliance Proposal. 109. NERC, in its compliance filing, states that its Uniform Compliance Program, at section 3.8, sets out the process to be followed with respect to complaints. The process begins when the complainant notifies NERC or a Regional Entity by: (i) calling the NERC compliance hotline; (ii) submitting a NERC complaint reporting form; or (iii) relying on “other means.”77
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NERC’s Compliance Proposal. 135. NERC, in its compliance filing, submits, as attachment 2 to the Uniform Compliance Program, proposed hearing procedures. NERC’s procedures address: (i) the designation of the hearing body in attachment 2, section 1;88 (ii) recusal of hearing body members in attachment 2, section 2; (iii) authorized representatives, i.e., persons permitted to represent the compliance enforcement authority and the registered entity before the hearing body in attachment 2, section 3; (iv) initiation of the hearing process in attachment 2, section 4; (v) the convening of an initial conference and the establishment of a procedural schedule in attachment 2, section 5; (vi) the conduct of the hearing, including the default use of a short-form procedure pursuant to attachment 2, section 6;
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NERC’s Compliance Proposal. 167. NERC, in its compliance filing, states that when a registered entity does not contest a determination of a violation or an imposition of a penalty, NERC will not be required, per se, to review the penalty imposed by the Regional Entity. Instead, NERC will file a notice of penalty with the Commission, as provided in section 5.6 of the Uniform Compliance Program. However, NERC states that under the pro forma Delegation Agreement, it will be required to participate, with its Regional Entities, in an exchange of information on practices, experiences and lessons learned in the implementation of their compliance enforcement programs.101 NERC states that it intends to utilize this authority and other mechanisms to review all penalties issued pursuant to the NERC Sanction Guidelines for the purpose of determining whether these penalties have been imposed on a consistent basis. Section 5 also provides that NERC will work to achieve consistency in the application of the NERC Sanction Guidelines by Regional Entities by direct oversight and review of penalties and sanctions. 168. With respect to the requirement that NERC provide for appeals of its own determinations, NERC clarifies that its compliance and certification committee will hear all matters brought before it for hearing where NERC (rather than a Regional Entity) is acting as the compliance enforcement authority. NERC further notes that in its second compliance filing, it submitted revisions allowing the opportunity to appeal to the compliance and certification committee any actions that NERC may take when it is acting as the compliance enforcement authority.102 169. NERC states that it has allowed for expeditious appeals of remedial action directives through its hearing procedures, at attachment 2, section 10, which set forth an expedited hearing process for an entity to challenge a remedial action directive.103 With respect to the Commission’s requirement regarding the allowance for appeal rights 101 See pro forma base Delegation Agreement at section 6(j): “NERC shall conduct a review with the Regional Entities that provides for the exchange of information on practices, experiences, and lessons learned in the implementation of compliance enforcement programs.” 102 Second Compliance Filing Order, 118 FERC ¶ 61,030 at P 6 (accepting NERC’s proposed revisions to sections 404.1 and 409 of the NERC Rules of Procedures). 103 NERC’s attachment 2 hearing procedures are discussed supra in section IV(B)(8). rela...
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NERC’s Compliance Proposal. 78. NERC, in its compliance filing, states that sections 6 and 7 of the Uniform Compliance Program comply with the requirements of the ERO Certification Order. Section 6 addresses the submission of mitigation plans by a registered entity found to be
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NERC’s Compliance Proposal. 55. NERC, in its compliance filing, states that sections 3.4 and 5 of the Uniform Compliance Program comply with the Commission’s requirements regarding investigations. Section 3.4 provides that a compliance violation investigation may be initiated at any time by the compliance enforcement authority in response to a system disturbance, complaint, or possible violation of a reliability standard identified by any other means.43 Section 3.4 also provides that NERC, for good cause, may assume the leadership of a compliance violation investigation. Section 3.4 provides that while a compliance violation investigation will be confidential, a confirmed violation resulting from this investigation will be made public. Section 3.4.1 also outlines eleven process steps applicable to a compliance violation investigation:
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Related to NERC’s Compliance Proposal

  • Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes

  • PCI-DSS Compliance Merchant shall be in full compliance with rules, regulations, guidelines and procedures adopted by any Card Association or Payment Network relating to the privacy and security of Cardholder and Card transaction data, including without limitation the most up-to-date version of the Payment Card Industry Data Security Standard (PCI-DSS), as amended from time to time by the Payment Card Industry Security Standards Council. Detailed information pertaining to aforementioned requirements may be found at xxxxx://xxx.xxxxxxxxxxxxxxxxxxxx.xxx. Additional information regarding security requirements may be found on the Card Association’s respective web sites.

  • Compliance Review During the Term, Developer agrees to permit the GLO, HUD, and/or a designated representative of the GLO or HUD to access the Property for the purpose of performing Compliance-Monitoring Procedures. In accordance with GLO Compliance-Monitoring Procedures, the GLO or HUD will periodically monitor and audit Developer’s compliance with the requirements of this Agreement, the CDBG-DR Regulations, the CDBG Multifamily Rental Housing Guidelines, and any and all other Governmental Requirements during the Term. In conducting any compliance reviews, the GLO or HUD will rely primarily on information obtained from Developer’s records and reports, on-site monitoring, and audit reports. The GLO or HUD may also consider other relevant information gained from other sources, including litigation and citizen complaints. Attachment G GLO Contract No. 19-097-041-B662 5.04 HAZARDOUS MATERIALS: INDEMNIFICATION

  • CEQA Compliance The District has complied with all assessment requirements imposed upon it by the California Environmental Quality Act (Public Resource Code Section 21000 et seq. (“CEQA”) in connection with the Project, and no further environmental review of the Project is necessary pursuant to CEQA before the construction of the Project may commence.

  • ETHICS COMPLIANCE All Bidders/Contractors and their employees must comply with the requirements of Sections 73 and 74 of the Public Officers Law, other State codes, rules, regulations and executive orders establishing ethical standards for the conduct of business with New York State. In signing the Bid, Bidder certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relationships, etc., involving New York State and/or its employees. Failure to comply with those provisions may result in disqualification from the Bidding process, termination of contract, and/or other civil or criminal proceedings as required by law.

  • Compliance Reviews The Department may conduct a compliance review of the Contractor’s security procedures before and during the Contract term to protect Confidential Information.

  • Program Compliance The School Board shall be responsible for monitoring the program to provide technical assistance and to ensure program compliance.

  • FERPA Compliance In connection with all FERPA Records that Contractor may create, receive or maintain on behalf of University pursuant to the Underlying Agreement, Contractor is designated as a University Official with a legitimate educational interest in and with respect to such FERPA Records, only to the extent to which Contractor (a) is required to create, receive or maintain FERPA Records to carry out the Underlying Agreement, and (b) understands and agrees to all of the following terms and conditions without reservation:

  • Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Agreement?

  • Labor Compliance Program The City has its own Labor Compliance Program authorized in August 2011 by the DIR. The City will withhold contract payments when payroll records are delinquent or deemed inadequate by the City or other governmental entity, or it has been established after an investigation by the City or other governmental entity that underpayment(s) have occurred. For questions or assistance, please contact the City of San Diego’s Equal Opportunity Contracting Department at 000-000-0000.

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