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Res 2011-061
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Res 2011-061
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Last modified
9/28/2011 4:17:08 PM
Creation date
6/2/2011 1:09:29 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-61
Date
5/17/2011
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arbitration and setting out the procedure required by this <br />Agreement for such participation, to wit: Within fifteen (15) <br />days of receipt of a copy of Customer's Demand from LCRA's <br />General Manager, as hereinabove required, any Wholesale <br />Customer may provide written notice to LCRA and Customer of <br />its intent to participate as a party in the non - binding arbitration <br />proceeding, and the Parties agree that each such Wholesale <br />Customer that timely provides such written notice may <br />participate as a party in the non - binding arbitration proceeding. <br />(d) A three arbitration panel shall be selected to make non- <br />binding recommendations to the LCRA Board (and any judicial <br />body of competent jurisdiction) concerning any Rate Dispute. <br />Within twenty (20) days of Customer's Demand, LCRA shall <br />select one arbitrator and promptly notify all other parties to the <br />non - binding arbitration of the identity of its selected arbitrator. <br />Within twenty (20) days of Customer's Demand, Customer shall <br />select one arbitrator and promptly notify all other parties to the <br />non - binding arbitration of the identity of its selected arbitrator. <br />Promptly upon their selection, the two arbitrators selected by <br />LCRA and Customer shall confer and select a third arbitrator, <br />who shall be the presiding member of the arbitration panel. In <br />the event the two party- appointed arbitrators cannot agree on the <br />selection of a third within ten (10) days following the designation <br />and notice to the other Party of the last arbitrator selected, either <br />Party may apply to any District Court of the State of Texas in <br />Travis County, Texas, for an order appointing a third arbitrator <br />with qualifications corresponding to those herein set out for a <br />third arbitrator. <br />(e) Each of the arbitrators shall have a minimum of ten (10) years <br />experience, as hereinafter set out: The two party- appointed <br />arbitrators shall have experience in electric utility ratemaking or <br />finance, and the third arbitrator selected by the party- appointed <br />arbitrators shall be a licensed attorney with experience in <br />administrative or civil litigation. Each of the arbitrators shall be <br />impartial, shall not be or have been employed by or a director of <br />either Party within five (5) years prior to Customer's Demand, <br />shall have not represented either Party within five (5) years prior <br />to Customer's Demand, shall have no interest in the outcome of <br />the non - binding arbitration, and shall agree not to become <br />employed by or provide services to a Party for three fa) - years <br />following the conclusion of the non - binding arbitration. <br />(f) The decision for the arbitrators shall be whether, upon a showing <br />by a preponderance of the evidence, any Rate, rate design, or <br />Board policy or any change to any Rate, rate design or Board <br />
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