Res 2011-061 - Laserfiche WebLink

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arbitrator, then either Party may apply to any District Court of Travis County, Texas, for an order appointing an arbitrator with qualifications consistent with Article 15.3.5(b) below. (b) The arbitrator shall have a minimum of ten (10) years experience in the electric utility industry, shall be impartial, shall not be or have been employed by or a director of either Party, shall have not represented either Party at any time, shall have no interest in the outcome of the arbitration, and shall agree not to become employed by or provide services to either Party for three (3) years following the conclusion of the arbitration. (c) After selection of the arbitrator, the arbitrator will promptly establish a discovery period, and discovery shall be permitted pursuant to the Texas Rules of Civil Procedure, but to a degree modified by the arbitrator as deemed appropriate to render the proceeding economical, efficient, expeditious, and fair (d) Upon the expiration of the discovery period, each Party shall within thirty (30) days submit to the arbitrator and serve on the other Party a written proposal with respect to the resolution of dispute. (e) Within fifteen (15) days of service of the proposal, each Party may submit to the arbitrator and serve on the other Party a reply. (f) Within sixty (60) days following the submission of the reply (or the expiration of the time period for submitting a reply), the arbitrator shall render his decision. (g) The arbitrator shall render his decision in favor of one Party or the other by adopting the resolution of the prevailing Party in its proposal and shall not have the authority to affect any other resolution of the issues in dispute. Neither Party is entitled to monetary damages; rather, if (i) Customer is the prevailing Party, Customer is entitled to an offset against current charges (net of any amounts withheld by Customer) in the amount calculated in its proposal, which may be retroactive only to the date of the Statement of Claim, or (ii) LCRA is the prevailing Party, LCRA is entitled to a refund of the amount withheld by Customer. The arbitrator must determine the prevailing Party by interpreting the meaning and intent of the language of this Agreement, applying the applicable law to the relevant facts and selecting the arbitration ruling proposed by the Party that most closely correlates to his or her decision based upon this Agreement, the applicable law and the relevant facts. In rendering the decision, the arbitrator shall interpret and apply the terms and conditions of