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  • Level 2 Appeal Foundation for Resilient Societies, Inc. TPL-007-1 - Transmission System Planned Performance for Geomagnetic Disturbance Events (Project 2013-03 Geomagnetic Disturbance Mitigation) TABLE OF CONTENTS

    I. Notice of Meeting of Level 2 Appeals Panel

    II. Agenda

    III. Guidelines for Conduct of Level 2 Appeals Panel

    IV. Record of Appeal:

    a. Corrected Complaint of Foundation for Resilient Societies, Inc. initiating Level 1 Appeal dated January 5, 2015 (with appendices)

    b. Response from the NERC Senior Director of Standards dated February 18, 2015

    c. Letter from Foundation for Resilient Societies, Inc. to the NERC Senior Director of Standards Initiating Level 2 Appeal dated February 26, 2015

    d. Letter from the NERC Senior Director of Standards to Foundation for Resilient Societies, Inc. regarding Appointment of Level 2 Appeals Panel dated March 31, 2015

  • Notice of Meeting of Level 2 Appeals Panel TPL-007-1 - Transmission System Planned Performance for Geomagnetic Disturbance Events (Project 2013-03 Geomagnetic Disturbance Mitigation) Click here for: Posted Materials Click here for: Submission of Written Comments Teleconference: (855) 331-9631| Conference ID/Passcode: 48631574

    In accordance with Section 8.2 of the NERC Standard Processes Manual (“SPM”), notice is hereby provided that the Level 2 Appeals Panel shall meet via teleconference on June 29, 2015 at 1:00 p.m. Eastern time to hear the Level 2 Appeal of Foundation for Resilient Societies, Inc. (the “Appellant”). The meeting of the Level 2 Appeals Panel shall be open to the public in “listen only” mode using the dial-in information provided above. On January 4, 2015, the Appellant submitted a Level 1 Appeal related to the development of proposed Reliability Standard TPL-007-1 (Project 2013-03 Geomagnetic Disturbance Mitigation), to which NERC responded on February 18, 2015. On February 26, 2015, the Appellant initiated a Level 2 Appeal. In accordance with Section 8 of the SPM, the review of the Level 2 Appeals Panel shall be limited to those issues that implicate a procedural action or inaction involving the processes or procedures described in the SPM. Issues relating to the technical content of a Reliability Standards action are outside the scope of the appeals process. In particular, the Level 2 Appeals Panel shall consider:

    1. whether the Appellant is an entity with “directly and materially affected interests” with respect to the development or approval of proposed Reliability Standard TPL-007-1;

    2. whether the Appellant has been or will be adversely affected by any procedural action or inaction related to the development or approval of proposed Reliability Standard TPL-007-1; and

    3. whether the purported procedural action(s) or inaction(s) described by the Appellant relate to the NERC Reliability Standards processes as defined in the SPM, and not the technical content of the Reliability Standards action.

    http://www.nerc.com/pa/Stand/Pages/Project-2013-03-Geomagnetic-Disturbance-Mitigation.aspx mailto:SPMappeal@nerc.net?subject=Comments%20-%20Level%202%20Appeal%20of%20Foundation%20for%20Resilient%20Societies,%20Inc.%20

  • The Level 2 Appeals Panel shall not consider any expansion of the scope of the appeal that was not presented in the Level 1 Appeal. In accordance with Section 8.2 of the SPM, the Level 2 Appeals Panel may find for the Appellant and remand the issue to the Standards Committee with a statement of the issues and facts in regard to which fair and equitable action was not taken, or may find against the Appellant with a statement of the facts that demonstrate fair and equitable treatment of the Appellant and its objections. The panel may not revise, approve, disapprove, or adopt a Reliability Standard, as these responsibilities remain with the ballot pool and Board of Trustees. The Appellant’s Level 1 Appeal complaint, NERC’s response, and other relevant materials are posted here. Section 8.2 of the SPM provides an opportunity for entities that are directly and materially affected by the procedural action(s) or inaction(s) referenced in the Appellant’s Level 1 Appeal complaint to present their concerns to the Level 2 Appeals Panel. The Level 2 Appeals Panel will accept written comments from such entities until 8:00 p.m. Eastern time on June 8, 2015. Comments should be submitted to spmappeal@nerc.net. Comments submitted to the Level 2 Appeals Panel shall be made a part of the public record of this appeal.

    For more information or assistance, please email SPMAppeal@nerc.net.

    3353 Peachtree Road NE Suite 600, North Tower

    Atlanta, GA 30326 404-446-2560 | www.nerc.com

    http://www.nerc.com/pa/Stand/Pages/Project-2013-03-Geomagnetic-Disturbance-Mitigation.aspx mailto:spmappeal@nerc.net?subject=Comments%20-%20Level%202%20Appeal%20of%20Foundation%20for%20Resilient%20Societies,%20Inc.%20 mailto:SPMAppeal@nerc.net http://www.nerc.com/

  • Agenda Meeting of Level 2 Appeals Panel Level 2 Appeal of Foundation for Resilient Societies, Inc. TPL-007-1 - Transmission System Planned Performance for Geomagnetic Disturbance Events (Project 2013-03 Geomagnetic Disturbance Mitigation) June 29, 2015 | 1:00 – 4:00 p.m. Eastern Teleconference: (855) 331-9631| Conference ID/Passcode: 48631574 Introduction and Guidelines for Conduct NERC Antitrust Compliance Guidelines and Public Announcement Presentation of Arguments

    1. Appellant Foundation for Resilient Societies, Inc. (30 minutes) 2. Response by Chair of Project 2013-03 Geomagnetic Disturbances Standard Drafting Team (or His

    Designee) (30 minutes)

    3. Discussion of Response to Level 1 Appeal by NERC Senior Director of Standards (30 minutes) Questions Consideration of Written Comments Submitted by Other Affected Parties Deliberations

  • Antitrust Compliance Guidelines

    I. General It is NERC’s policy and practice to obey the antitrust laws and to avoid all conduct that unreasonably restrains competition. This policy requires the avoidance of any conduct that violates, or that might appear to violate, the antitrust laws. Among other things, the antitrust laws forbid any agreement between or among competitors regarding prices, availability of service, product design, terms of sale, division of markets, allocation of customers or any other activity that unreasonably restrains competition.

    It is the responsibility of every NERC participant and employee who may in any way affect NERC’s compliance with the antitrust laws to carry out this commitment.

    Antitrust laws are complex and subject to court interpretation that can vary over time and from one court to another. The purpose of these guidelines is to alert NERC participants and employees to potential antitrust problems and to set forth policies to be followed with respect to activities that may involve antitrust considerations. In some instances, the NERC policy contained in these guidelines is stricter than the applicable antitrust laws. Any NERC participant or employee who is uncertain about the legal ramifications of a particular course of conduct or who has doubts or concerns about whether NERC’s antitrust compliance policy is implicated in any situation should consult NERC’s General Counsel immediately.

    II. Prohibited Activities Participants in NERC activities (including those of its committees and subgroups) should refrain from the following when acting in their capacity as participants in NERC activities (e.g., at NERC meetings, conference calls and in informal discussions):

    • Discussions involving pricing information, especially margin (profit) and internal cost information and participants’ expectations as to their future prices or internal costs.

    • Discussions of a participant’s marketing strategies.

    • Discussions regarding how customers and geographical areas are to be divided among competitors.

    • Discussions concerning the exclusion of competitors from markets.

    • Discussions concerning boycotting or group refusals to deal with competitors, vendors or suppliers.

  • NERC Antitrust Compliance Guidelines 2

    • Any other matters that do not clearly fall within these guidelines should be reviewed with NERC’s General Counsel before being discussed.

    III. Activities That Are Permitted From time to time decisions or actions of NERC (including those of its committees and subgroups) may have a negative impact on particular entities and thus in that sense adversely impact competition. Decisions and actions by NERC (including its committees and subgroups) should only be undertaken for the purpose of promoting and maintaining the reliability and adequacy of the bulk power system. If you do not have a legitimate purpose consistent with this objective for discussing a matter, please refrain from discussing the matter during NERC meetings and in other NERC-related communications.

    You should also ensure that NERC procedures, including those set forth in NERC’s Certificate of Incorporation, Bylaws, and Rules of Procedure are followed in conducting NERC business.

    In addition, all discussions in NERC meetings and other NERC-related communications should be within the scope of the mandate for or assignment to the particular NERC committee or subgroup, as well as within the scope of the published agenda for the meeting.

    No decisions should be made nor any actions taken in NERC activities for the purpose of giving an industry participant or grou

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