FERC Filings

SYMPOSIUM ON PROCESS AND REFORM: COMMISSION COMPLAINT PROCEDURES

INTRODUCTION

Over the last several months, the Electric Power Supply Association (EPSA) has been very pleased to have the opportunity to be a part of the Electric Industry Dispute Resolution Working Group (Working Group) and is very proud of the consensus Recommendations and Proposed Procedures filed by the Working Group on June 23, 1998. The Working Group’s Recommendations and Proposed Procedures represent an innovative and creative approach to dispute resolution within the Commission. Not only will the new process streamline and expedite the dispute resolution process, but it will lead to a body of decisional authority that will assist the emerging competitive electric markets by providing Commission guidance on a host of tariff and contract provisions.

While EPSA was pleased to be able to work with the Working Group and join in its proposals, there are several outstanding issues that EPSA wishes to address in separately filed comments. These issues include:

The pre-complaint mediation process should be conducted under the Commission’s auspices;

In a competitive market, dispute resolution must be swift and definitive;

ADR mechanisms must be well suited to the complaints assigned to that track;

In order to encourage respect for and adherence to FERC policies, there must be swift and meaningful enforcement of any violation of those policies; and,

Procedures to address requests for transmission service brought under Section 211 similarly need to be reformed.

Each of these issues is discussed further below.