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Dispute Resolution
Overview
In
most cases, disputes between BGE and electricity suppliers
participating in BGE's Electric Choice Program can be resolved
through BGE's SAM group. In the rare instance that this is not
the case, BGE
has developed procedures and processes for formally resolving
disputes. BGE is committed to resolve every dispute in the
most efficient and effective manner, and electricity suppliers are
strongly encouraged to contact BGE's SAM group for dealing with any
problems or concerns involving BGE's Customer Choice program.
The under-lying principles of these Dispute Resolution
procedures are:
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BGE and the electricity supplier shall use good faith and commercially reasonable
efforts to informally resolve all disputes.
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Parties may also pursue other legal mechanisms to address disputes,
but are encouraged to use the following practices first.
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Neither party should be required to give up its right to seek formal
resolution of a dispute except as part of a signed, mutual agreement.
Initiating the
Dispute Resolution Process
A.
Either the electricity supplier or BGE may initiate the formal Dispute
Resolution process by presenting a written notice of the dispute to
the other parties involved in the dispute.
B. The notice
shall be sent using a method that verifies that delivery took place,
such as requiring a signature or requesting a return receipt.
C. The notice
shall include:
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A
detailed description of the act, omission, or matter generating the
dispute, with all supporting documentation, information and data
available to the party initiating the dispute;
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Specific
reference to the
BGE Electricity
Supplier Coordination Tariff,
Maryland
COMAR Regulations, or signed Agreement (Governing
Documents) that are alleged to have been violated, and the basis for
the allegation;
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Other factors or matters relevant to the dispute; and
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A
proposed resolution.
Responding to a
Dispute
A.
As soon as possible, but not more than twenty (20) calendar
days following receipt of the notice of dispute, the receiving party
shall provide a written response to the parties that initiated the
dispute with:
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An
alternative proposal for resolution with an explanation of the facts
and circumstances that make the alternative proposal appropriate if the parties' proposed
resolution is deemed unacceptable; or
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The results of any informal resolution that may have been reached with
the other parties prior to that date.
B. If the
initial exchange of written material and/or verbal discussions does
not resolve the dispute, the parties may request a meeting to
discuss the matter further.
C. The
responding parties shall agree to such a meeting to be held
within fifteen (15) calendar days following the request.
D. At such
meeting, a timetable for resolving the dispute shall be mutually
agreed upon beyond which the parties may pursue other remedies subject
to the conditions in the section below titled Escalation to the
Public Service Commission
Alternative
Dispute Resolution
A. The parties
may agree to use a neutral third party
alternative dispute resolution process prior to or in lieu of
petitioning the Public Service Commission of Maryland to intervene.
This process can reflect mutually agreed-upon time frames that may
differ from those defined in the dispute resolution process.
B. The parties
must mutually agree on the selection of the neutral third party to
administer the alternative dispute resolution process.
C. The neutral
third party administering the alternative dispute resolution process
shall be authorized only to interpret and apply the provisions of
the
BGE Electricity Supplier Coordination Tariff, Maryland
COMAR Regulations, or signed Agreement,
and shall have no power to modify or change any of the aforementioned
Governing Documents in any manner.
Escalation to
the Public Service Commission
A. If a
resolution is not obtained within forty-five (45) calendar days after
receipt of the initial dispute letter or the mutually agreed-upon time
frame, either party may file the dispute with the Public Service
Commission of Maryland for formal resolution.
B. If a party
believes that special circumstances (such as an emergency involving
public safety, system reliability or significant financial risk) exist
that would require more expeditious resolution of a dispute than might
be expected under the process described here, it may submit its
dispute directly to the Public Service Commission of Maryland with a
copy provided to the other parties involved in the dispute.
C. Absent
agreement to the contrary, nothing shall restrict the rights of any
party to file a complaint with the Public Service Commission of
Maryland at any time.
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