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FERC Issues Notice Regarding Army Corps of Engineers NOPs

On July 27, 2009, FERC issued a notice concerning two separate Notices of Penalty (NOP) regarding the United States Army Corps of Engineers – Tulsa District and Omaha District that NERC submitted on June 24, 2009, in Docket Nos. NP09-26 and -27.  FERC explains that it will not further review these NOPs on its own motion.  In light of the challenge mounted by the Army Corps of Engineers - Tulsa District regarding the applicability of mandatory reliability standards to it, FERC states that the action (or inaction) being noticed with respect to these NOPs is being taken "to the extent it has jurisdiction" and the jurisdictional issues raised in this challenge will be addressed separately. To view FERC’s notice, click here.