Constellation Assessed $90,000 Penalty for PRC-023-4 R1, R3, and R4 Violations
Summary of NERC Penalties
REGION | WHEN? | ENTITY | COMPLIANCE AREA
| VIOLATION | REASON | PENALTY AMOUNT |
---|---|---|---|---|---|---|
NPCC | Quarter 4 - October 2024 | Constellation | NERC, FERC | PRC-023-4 (R1,R3, R4) | Constellation self-reported a violation of PRC-023-4 R3 for failing to obtain Planning Coordinator agreement on two 115kV lines at NMP2. Additional violations of R1 and R4 were identified, requiring coordination with Transmission and Reliability Coordinators. | $90,000 |
Summary:
Constellation submitted a Self-Report to NPCC stating that it was potentially in violation of PRC-023-4 R3 because it failed to obtain agreement with its Planning Coordinator on two 115kV lines at Nine Mile Point, Unit 2 (“NMP2”) that use R1, criterion 8. The Standard requires Constellation to obtain the agreement of the Planning Coordinator, Transmission Operator, and Reliability Coordinator regarding its use of the calculated circuit capability. The violation started on April 1, 2017, when Constellation failed to remain compliant with PRC-023-4 R3. The violation ended on November 19, 2019, when Constellation made the written R3 notification to the Planning Coordinator and the Planning Coordinator confirmed the agreement.
Additional Discussion:
NPCC considered the following factors in its penalty determination:
1) Compliance History
When assessing the penalty for the violations at issue in this Agreement, NPCC considered whether the facts of the violations constitute repetitive infractions and determined that Constellation had no relevant prior noncompliance with PRC-023-4.
2) Cooperation
Constellation was cooperative throughout the entire enforcement process and provided requested information to NPCC that was detailed, organized, and thorough.
3) Self-Disclosure
Constellation self-reported the violations described in this Agreement. Effective oversight of the BPS reliability depends on Registered Entities self-reporting. As such, NPCC seeks to encourage self-reporting of violations, and therefore, is applying mitigating credit in the instant case.
4) Settlement
Constellation agreed to settle this matter. A willingness to resolve cases without the need for a trial-type hearing reduces the amount of time and resources that NPCC, NERC, and the Federal Energy Regulatory Commission would otherwise expend to resolve the R1 violation. Additionally, it is important to promote prompt resolution of enforcement actions so that Constellation can focus on mitigation and reducing risks to reliability.
Cause
The root cause was ineffective preventative controls, including Constellation’s failure to recognize the previous owner’s inadequate preventative controls when purchasing the generation plants.
Cause
The root cause was ineffective preventative controls, including Constellation’s failure to recognize the previous owner’s inadequate preventative controls when purchasing the generation plants.
Penalty
$90,000 (for NPCC2020023661, 2024-01241, and 2024-01242) The two other violations were for PRC-023-4 R1 and R4.
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