Common use of Responsive Pleadings Clause in Contracts

Responsive Pleadings. 112. Progress Energy and Xcel request that section 3.8 be revised to remove the right of a complainant to specify that its complaint be reviewed by NERC, rather than the 76 Id. at P 299. 77 See section 3.8.1, step one. The “other means” are not specified. applicable Regional Entity, and to delete the provision giving NERC the exclusive authority to review anonymous complaints. Progress Energy asserts that this allowance could invite “forum shopping” by any complainant seeking to avoid review by the Regional Entity before whom its complaint arises. AMP-Ohio also foresees the possibility of abuse with respect to the section 3.8 anonymous complaint procedures, particularly if a complainant is intent on interfering with another entity’s business activities or is otherwise indifferent to those concerns.