Non-Consequential Load Loss (NCLL) dispute resolution procedure
Note: The following NCLL dispute resolution procedure is based on the Dispute Resolution Procedures set out in section 12 of the New Brunswick Open Access Transmission Tariff.
1. Internal Dispute Resolution Procedures
Any dispute between a stakeholder and NB Power (in its role as Transmission Planner) (collectively, the “Parties”) involving use of NCLL in New Brunswick shall be referred to a designated senior representative of NB Power and the stakeholder for resolution on an informal basis as promptly as practicable. In the event the designated representatives are unable to resolve the dispute within thirty (30) days [or such other period as the Parties may agree upon] by mutual agreement, such dispute may be submitted to arbitration and resolved in accordance with the arbitration procedures set forth below.
2. External Arbitration Procedures
Any arbitration initiated shall be conducted before a single neutral arbitrator appointed by the Parties. If the Parties fail to agree upon a single arbitrator within ten (10) days of the referral of the dispute to arbitration, each Party shall choose one arbitrator who shall sit on a three-member arbitration panel. The two arbitrators so chosen shall within twenty (20) days select a third arbitrator to chair the arbitration panel. In either case, the arbitrators shall be knowledgeable in electric utility matters, including electric transmission and bulk power issues, and shall not have any current or past substantial business or financial relationships with any party to the arbitration (except prior arbitration). The arbitrator(s) shall provide each of the Parties an opportunity to be heard and, except as otherwise provided herein, shall generally conduct the arbitration in accordance with the New Brunswick Arbitration Act and any applicable regulations or Regional Transmission Group rules.
3. Arbitration Decisions
Unless otherwise agreed, the arbitrator(s) shall render a decision within ninety (90) days of appointment and shall notify the Parties in writing of such decision and the reasons therefore. The arbitrator(s) shall be authorized only to interpret and apply the provisions of NB Power’s Open Access Transmission Tariff (the “Tariff”) and any Service Agreement entered into under the Tariff, the New Brunswick Electricity Act and the regulations there under, and the requirements set out in mandatory reliability standard TPL-001 Transmission System Planning Performance Requirements and any decisions, orders, or directives of the New Brunswick Energy and Utilities Board in relation to TPL-001, and shall have no power to modify or change any of the above in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the New Brunswick Arbitration Act.
Each Party shall be responsible for its own costs incurred during the arbitration process and for the following costs, if applicable:
(A) the cost of the arbitrator chosen by the Party to sit on the three-member panel and one half of the cost of the third arbitrator chosen by the other arbitrators, or
(B) one half the cost of the single arbitrator jointly chosen by the Parties.
If it becomes necessary to enforce such award, all costs of enforcement shall be payable and paid by the Party against whom such award is enforced.
5. Enforcement of Arbitration Decision
The New Brunswick Arbitration Act shall govern the procedures to apply in the enforcement of any award made pursuant to Section 3 of this NCLL Dispute Resolution procedure.