On September 8, 2009, NERC submitted comments in response to the comments submitted by the United States Army Corps of Engineers – Tulsa District (COE – Tulsa) on August 24, 2009, in FERC Docket No. NP09-26 regarding NERC’s Notice of Penalty (NOP) and Request for Decision on Jurisdiction Issue concerning COE ­– Tulsa.  In general, NERC disagrees with COE - Tulsa's assertion that this is not the proper forum for assessing whether Federal entities are immune from Section 215 of the FPA.  To read NERC’s comments, click here.