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Chris Albrecht Legal. How to Spot a Legal Issue June 12, 2012. How to Spot a Legal Issue. What makes something a legal issue?. What is legal looking for?. Unidentified risks Unnecessary burdens Due process Compliance with internal and external requirements
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Chris AlbrechtLegal How to Spot a Legal Issue June 12, 2012
How to Spot a Legal Issue • What makes something a legal issue?
What is legal looking for? • Unidentified risks • Unnecessary burdens • Due process • Compliance with internal and external requirements • Internal and external consistency
Committee Actions • Amending a committee’s charter • Taking on a new activity or responsibility • Excluding participants • Dealing with confidential Information • Changing a process
Speaking on Behalf of WECC • White papers, interpretations, position statements, formal letters, etc. • Any time you are formally speaking on behalf or WECC • Will it be pointed at or relied on by others?
Can WECC do this? • Bylaws • WECC policies and procedures • Applicable NERC/FERC rules, guidance, orders • Agreements with other entities • Laws and statutes
Who is the Audience? • FERC or NERC • Members or Registered Entities. • Public or press
Something New or Out of the Ordinary • Examples • Meetings away from SLC • Tax issues • Recording a meeting • Statutory requirements
When to Involve Legal? • Early • Its always better to involve Legal early to help identify and prevent problems as opposed to reacting to them • Often • Doesn’t hurt to check. • If there are no legal concerns or its not a legal issue, Legal will say so.
Whose Responsibility is it? • It’s a joint effort • Legal should be routinely involved to help identify and deal with legal issues. • Ensuring Legal’s involvement is the responsibility of Legal and everyone else.