FERC Filings
SYMPOSIUM ON PROCESS AND REFORM: COMMISSION COMPLAINT PROCEDURES
THE PRE-COMPLAINT MEDIATION PROCESS SHOULD BE CONDUCTED UNDER THE COMMISSION’S AUSPICES.
One of the more creative proposals contained within the Working Group’s Recommendations is a proposal for a fifteen month pilot program requiring parties to use a thirty-day prefiling mediation process. The Working Group recommends (on page 5) that, where the parties agree, mediation be conducted either by an outside mediator or by the FERC staff. Where the parties do not agree, the Working Group members agreed to submit alternative proposals. EPSA strongly recommends that where the parties fail to agree on a mediator, FERC conduct the mediation with its own staff.2
As noted above, the Working Group’s proposal is that the mediation program be implemented as a pilot program. This recommendation stems from the fact that the industry has had little experience with this type of process. It is the belief of Working Group members that the mediation process will, if it does not actually resolve the dispute, at least allow parties to narrow the issues in dispute. This process will be valuable for the FERC staff, as it will then be resolving cases on an extremely expedited basis.
However, EPSA would oppose any mandatory pre-complaint procedures which serve primarily to delay resolution of disputes. It was extremely important to EPSA and other Working Group members that this thirty day period be as productive as possible and not create undue and unnecessary expense or delay for complainants. To achieve that goal, particularly as the industry and the Commission develop experience with the prefiling mediation process, EPSA believes it would be enormously beneficial to the industry and the Commission if Commission staff supervises the mediation process. Early and meaningful staff involvement is essential to resolving disputes at this stage. In addition, staff participation in the early stages of the dispute process will be very helpful in expediting resolution of those complaints which reach the filing stage.
For these reasons, particularly during the pilot program period, EPSA urges the Commission to conduct prefiling mediation using its own staff, trained in mediation and knowledgeable about the electric industry.