Common use of Oversight of Performance of Delegated Functions and Related Activities Clause in Contracts

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECC’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC that matters relating to NERC’s oversight of WECC’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECC’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECC’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECC’s performance of its delegated functions and related activities and to provide advice and direction to WECC on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECC’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC of the need and basis for an action plan or other remedial action and provide an opportunity for WECC to submit a written response contesting NERC’s evaluation of WECC’s performance and the need for an action plan. WECC may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC shall work collaboratively as needed in the development and implementation of WECC’s action plan. A final action plan submitted by WECC to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECCMRO’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC MRO that matters relating to NERC’s oversight of WECCMRO’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC MRO and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC MRO and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECCMRO’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC MRO shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECCMRO’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECCMRO’s performance of its delegated functions and related activities and to provide advice and direction to WECC MRO on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC MRO and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC MRO shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECCMRO’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC MRO to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC MRO of the need and basis for an action plan or other remedial action and provide an opportunity for WECC MRO to submit a written response contesting NERC’s evaluation of WECCMRO’s performance and the need for an action plan. WECC MRO may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC MRO shall work collaboratively as needed in the development and implementation of WECCMRO’s action plan. A final action plan submitted by WECC MRO to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECC’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC that matters relating to NERC’s oversight of WECC’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, measures and parameters, financial performance goals, measures and parameters), and performance reports, which shall be used to measure NERC’s and WECC’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECC’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, parameters and performance reports to evaluate WECC’s performance of its delegated functions and related activities and to provide advice and direction to WECC on performance improvements. The performance goals, measures and other parameters, parameters and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC shall be required to develop, submit for NERC approval, and implement action plans to address, address areas of its performance that are reasonably determined by NERC, based on analysis of WECC’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC of the need and basis for an action plan or other remedial action and provide an opportunity for WECC to submit a written response contesting NERC’s evaluation of WECC’s performance and the need for an action plan. WECC may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC shall work collaboratively as needed in the development and implementation of WECC’s action plan. A final action plan submitted by WECC to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public. (b) NERC shall make available to WECC standardized training and education programs, which shall be designed taking into account input from WECC and other Regional Entities, for WECC personnel on topics relating to the delegated functions and related activities. (i) NERC may issue directives to WECC concerning the manner in which WECC shall perform its delegated functions and related activities under this Agreement. The NERC Rules of Procedure, or any other ERO Rule requiring approval of the Commission, shall not be considered “directives.” NERC shall initiate the development of a directive through a collaborative process with WECC and, if applicable, other Regional Entities to which the directive will apply. Any directive developed through the collaborative process shall be approved by, and issued under the signature of, the NERC President. (ii) If after a period of time that is reasonable under the circumstances, NERC and WECC and, if applicable, other Regional Entities are unable to reach agreement on the contents of the directive, NERC may issue the directive with the approval of and under the signature of the NERC President; provided, that before the NERC President issues a directive pursuant to this paragraph (ii), WECC and, if applicable, other Regional Entities, shall be given a reasonable opportunity to present their positions on, and a suggested alternative version or versions of, the proposed directive to the NERC President. (iii) Upon issuance of a directive by the NERC President, it shall be binding upon, and shall be complied with by, WECC, subject to reasonable time periods for adoption, implementation, and funding of any necessary resources. Upon request by WECC, the NERC Board (or a committee of the Board to which the Board delegates appropriate authority) shall review and shall confirm, revise or revoke any directive that was issued by the NERC President without WECC’s agreement, provided, that WECC shall request such review within thirty (30) days following issuance of the directive by the NERC President unless good cause can be shown for a later request. (iv) NERC and WECC and, if applicable, other Regional Entities, shall collaborate in deciding whether a directive (whether issued pursuant to paragraph (ii) or paragraph (iii)) shall be made public. If no agreement is reached by the date of issuance as to whether the directive shall be made public, the NERC President shall decide whether the directive will be made public, provided, that is the intent of the Parties that the NERC President shall apply a presumption that directives should be made public, unless the NERC President makes a written determination stating a specific reason for maintaining a particular directive as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECCNPCC’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC NPCC that matters relating to NERC’s oversight of WECCNPCC’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC NPCC and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC NPCC and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECCNPCC’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC NPCC shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECCNPCC’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECCNPCC’s performance of its delegated functions and related activities and to provide advice and direction to WECC NPCC on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC NPCC and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC NPCC shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECCNPCC’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC NPCC to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC NPCC of the need and basis for an action plan or other remedial action and provide an opportunity for WECC NPCC to submit a written response contesting NERC’s evaluation of WECCNPCC’s performance and the need for an action plan. WECC NPCC may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC NPCC shall work collaboratively as needed in the development and implementation of WECCNPCC’s action plan. A final action plan submitted by WECC NPCC to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECCReliabilityFirst’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC ReliabilityFirst that matters relating to NERC’s oversight of WECCReliabilityFirst’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC ReliabilityFirst and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC ReliabilityFirst and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECCReliabilityFirst’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC ReliabilityFirst shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECCReliabilityFirst’s performance to the agreed-agreed- upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECCReliabilityFirst’s performance of its delegated functions and related activities and to provide advice and direction to WECC ReliabilityFirst on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC ReliabilityFirst and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC ReliabilityFirst shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECCReliabilityFirst’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC ReliabilityFirst to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC ReliabilityFirst of the need and basis for an action plan or other remedial action and provide an opportunity for WECC ReliabilityFirst to submit a written response contesting NERC’s evaluation of WECCReliabilityFirst’s performance and the need for an action plan. WECC ReliabilityFirst may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC ReliabilityFirst shall work collaboratively as needed in the development and implementation of WECCReliabilityFirst’s action plan. A final action plan submitted by WECC ReliabilityFirst to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECCTexas RE’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC Texas RE that matters relating to NERC’s oversight of WECCTexas RE’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC Texas RE and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC Texas RE and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECCTexas RE’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC Texas RE shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECCTexas RE’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECCTexas RE’s performance of its delegated functions and related activities and to provide advice and direction to WECC Texas RE on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC Texas RE and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC Texas RE shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECCTexas RE’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC Texas RE to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC Texas RE of the need and basis for an action plan or other remedial action and provide an opportunity for WECC Texas RE to submit a written response contesting NERC’s evaluation of WECCTexas RE’s performance and the need for an action plan. WECC Texas RE may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC Texas RE shall work collaboratively as needed in the development and implementation of WECCTexas RE’s action plan. A final action plan submitted by WECC Texas RE to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-non- public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECCSERC’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC SERC that matters relating to NERC’s oversight of WECCSERC’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC SERC and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC SERC and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECCSERC’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC SERC shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECCSERC’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECCSERC’s performance of its delegated functions and related activities and to provide advice and direction to WECC SERC on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC SERC and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC SERC shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECCSERC’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC SERC to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC SERC of the need and basis for an action plan or other remedial action and provide an opportunity for WECC SERC to submit a written response contesting NERC’s evaluation of WECCSERC’s performance and the need for an action plan. WECC SERC may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC SERC shall work collaboratively as needed in the development and implementation of WECCSERC’s action plan. A final action plan submitted by WECC SERC to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECC’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC that matters relating to NERC’s oversight of WECC’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, measures and parameters, financial performance goals, measures and parameters), and performance reports, which shall be used to measure NERC’s and WECC’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECC’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, parameters and performance reports to evaluate WECC’s performance of its delegated functions and related activities and to provide advice and direction to WECC on performance improvements. The performance goals, measures and other parameters, parameters and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC shall be required to develop, submit for NERC approval, and implement action plans to address, address areas of its performance that are reasonably determined by NERC, based on analysis of WECC’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC of the need and basis for an action plan or other remedial action and provide an opportunity for WECC to submit a written response contesting NERC’s evaluation of WECC’s performance and the need for an action plan. WECC may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC shall work collaboratively as needed in the development and implementation of WECC’s action plan. A final action plan submitted by WECC to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECC[REGIONAL ENTITY]’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC [REGIONAL ENTITY] that matters relating to NERC’s oversight of WECC[REGIONAL ENTITY]’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC [REGIONAL ENTITY] and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC [REGIONAL ENTITY] and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECC[REGIONAL ENTITY]’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC [REGIONAL ENTITY] shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECC[REGIONAL ENTITY]’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECC[REGIONAL ENTITY]’s performance of its delegated functions and related activities and to provide advice and direction to WECC [REGIONAL ENTITY] on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC [REGIONAL ENTITY] and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC [REGIONAL ENTITY] shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECC[REGIONAL ENTITY]’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC [REGIONAL ENTITY] to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC [REGIONAL ENTITY] of the need and basis for an action plan or other remedial action and provide an opportunity for WECC [REGIONAL ENTITY] to submit a written response contesting NERC’s evaluation of WECC[REGIONAL ENTITY]’s performance and the need for an action plan. WECC [REGIONAL ENTITY] may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC [REGIONAL ENTITY] shall work collaboratively as needed in the development and implementation of WECC[REGIONAL ENTITY]’s action plan. A final action plan submitted by WECC [REGIONAL ENTITY] to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.

Oversight of Performance of Delegated Functions and Related Activities. This Section 8 sets forth processes and procedures which the Parties intend shall be used in NERC’s oversight of WECCFRCC’s performance of its Delegated Authority and related activities pursuant to this Agreement. It is the intent of NERC and WECC FRCC that matters relating to NERC’s oversight of WECCFRCC’s performance of its Delegated Authority and related activities shall be established or resolved by collaboration between NERC and WECC FRCC and, where applicable, other Regional Entities, to the maximum extent possible, consistent with the construct that NERC and the Regional Entities are operating together in a collaborative manner to carry out the responsibilities of the ERO under Section 215 of the Act and the ERO Regulations. (a) (i) NERC shall develop, in collaboration with WECC FRCC and other Regional Entities, performance goals, performance reports, measures and other parameters (including, without limiting the scope of such goals, financial performance goals), which shall be used to measure NERC’s and WECCFRCC’s performance of their respective functions and related activities. The performance goals, measures and parameters and the form of performance reports shall be approved by the NERC President and shall be made public. WECC FRCC shall provide data, information and reports to NERC, in accordance with established schedules, to enable NERC to calculate WECCFRCC’s performance to the agreed-upon goals, measures and parameters. (ii) NERC shall use the performance goals, measures and parameters, and performance reports to evaluate WECCFRCC’s performance of its delegated functions and related activities and to provide advice and direction to WECC FRCC on performance improvements. The performance goals, measures and other parameters, and the values of such goals, measures and parameters, shall be reviewed by NERC, WECC FRCC and the other Regional Entities, revised if appropriate, and made public, on the same timeline as the annual business planning and budgeting process described in Section 9 of this Agreement. (iii) At the request of the President of NERC, WECC FRCC shall be required to develop, submit for NERC approval, and implement action plans to address, areas of its performance that are reasonably determined by NERC, based on analysis of WECCFRCC’s performance against the performance goals, measures and parameters, or performance of specific activities, to be unsatisfactory, provided, that prior to requiring WECC FRCC to adopt and implement an action plan or other remedial action, NERC shall issue a notice to WECC FRCC of the need and basis for an action plan or other remedial action and provide an opportunity for WECC FRCC to submit a written response contesting NERC’s evaluation of WECCFRCC’s performance and the need for an action plan. WECC FRCC may request that the President of NERC reconsider the request, and thereafter may request that the NERC Board of Trustees review and reconsider the request. NERC and WECC FRCC shall work collaboratively as needed in the development and implementation of WECCFRCC’s action plan. A final action plan submitted by WECC FRCC to NERC shall be made public unless the President of NERC makes a written determination that the action plan or specific portions of the plan should be maintained as non-public.