| provided for in this paragraph is not subject to the
contested hearings process, except upon complaint by an interested party or
the commission staff.
(C) Copies of contracts or agreements. A Bundled MOU/COOP shall
reduce to writing and file with the commission copies of any contracts or
agreements it has with any persons providing competitive energy-related activities
on behalf of the Bundled MOU/COOP. The Bundled MOU/COOP does not have to produce
any contracts it has with third parties if such contracts were negotiated
on an arm's length basis. The requirements of this section are not satisfied
by the filing of an earnings report. All contracts or agreements shall be
filed by June 1 of each year as attachments to the annual report of code-related
activities required in subparagraph (B) of this paragraph. In subsequent years,
if no significant changes have been made to the contract or agreement, an
amendment sheet may be filed in lieu of refiling the entire contract or agreement.
(D) Compliance audits. No later than one year after the Bundled
MOU/COOP becomes subject to this section as set forth in subsection (b)(1)
and (2) of this section, and, at a minimum, every third year thereafter, the
Bundled MOU/COOP shall have an audit prepared by independent auditors that
verifies that the Bundled MOU/COOP is in compliance with this section. The
Bundled MOU/COOP shall file the results of each audit with the commission
within one month of the audit's completion.
(4) Remedies and enforcement. Bundled MOU/COOPs shall be subject
to the provisions of subsection (n)(2)-(10) of this section on the same terms
and conditions as the TDBU.
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