Proposed Allocation and FERC Review Process Sample Clauses

Proposed Allocation and FERC Review Process. Where NERC and/or WECC, or FERC as may be applicable in an enforcement proceeding directly instituted by FERC, determines that the conduct or omission(s) of the RC Customer(s) or Market Participant(s) identified by the CAISO contributed, in whole or in part, to the NERC Reliability Standard(s) violation(s) at issue, the CAISO shall inform the involved RC Customer(s) or Market Participant(s) in writing and shall initially propose an allocation of the penalty cost on a basis proportional to the parties’ relative fault, consistent with the applicable regulator’s analysis. Regardless of whether the involved RC Customer(s) or Market Participant(s) agree or disagree over the allocation, the reasonability of such an allocation shall be determined by FERC through submission of the matter to FERC pursuant to Section 205 of the Federal Power Act.
Sample 1
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