By Amanda Durish Cook
NEW ORLEANS — MISO will soon make a filing to add more confidentiality and legal definitions to its alternative dispute resolution process, stakeholders learned at the March 22 Advisory Committee meeting.
With the changes, data exchanged during alternative dispute resolution meetings covered by nondisclosure agreements will be treated by the RTO as confidential or as Critical Energy Infrastructure Information.
MISO will invite other entities to participate in resolution meetings if their “participation is indispensable to resolution of the dispute.” The RTO will also be allowed to dismiss the dispute or “discontinue the informal dispute resolution process if such entity declines to participate in the dispute.”
MISO Deputy General Counsel Eric Stephens said the RTO already uses the concept of indispensable parties but is looking to codify it.
The revisions also clarify MISO’s ability to grant relief such as damages, which is “subject to the potential need for a waiver from FERC,” the RTO said.
MISO will also pass its responsibilities to recommend sanctions and give referrals for investigations to its Independent Market Monitor. Stephens said the RTO did not think it was appropriate to recommend sanctions or instigate investigations as a result of the resolution process. The new language also clarifies that MISO will not facilitate dispute procedures for contracts that are not service agreements or rate schedules under its Tariff.
MISO will also extend the initial timeframe for final resolution of an informal dispute from 90 to 180 days. “Our experience over the last two years has taught us that these take on average about 180 days,” Stephens said. He added that the timeframe could be extended by another 90 days before the RTO ends attempts to facilitate discussions, and the dispute is either dropped or escalated into a court proceeding.
The changes will be made to Tariff Attachment HH. (See “MISO Stakeholders to Hear Changes to Alternative Dispute Resolution,” MISO Steering Committee Briefs.)
Stephens said MISO will accept stakeholder input through April 12 and plans to file the new procedures for FERC approval by May 1.
