Res 2011-061 - Laserfiche WebLink

Home Browse Search

policy is unreasonable or violates the Agreement. The Party proposing a change in existing Rates or rate design shall have the burden of persuasion; provided, however, LCRA shall in every Rate Dispute have the burden of going forward with evidence to support its new or existing Rate or rate design. (g) In the event the arbitrators' decision is favorable to Customer, the Rate Dispute shall be sent back to the LCRA Board, whereupon the LCRA Board shall promptly deliberate and vote to approve, modify or reject the decision of the arbitrators. If, and to the extent that, the LCRA Board does not establish a new Rate or rate design, or Board policy, consistent with the arbitrators' decision, Customer may immediately begin to withhold payment of any Disputed Amount pending resolution of the dispute in the judicial branch pursuant to Article 15.2.5 hereof. In addition to the Customer's right to withhold Disputed Amounts consistent with the arbitrators' decision, Customer has the additional right to withhold Disputed Amounts relating to refunds and credits, as provided in clauses (i) and (ii) below. (i) Except for violation of Article 4.2 or 4.7 of the Agreement, the decision of the arbitrators shall relate back to the date of a Statement of Claim, in the case of a Rate Action Dispute; and shall be prospective only, from the date of the arbitrators' decision, in the case of a Rate Review Dispute. In the event an arbitrators' decision results in a finding that LCRA violated Articles 4.2 or 4.7, Customer is entitled to a credit against future bills (net of any amount withheld by Customer) of revenues collected under the components of the Power Costs or rate design found to be in violation of Articles 4.2 or 4.7, and in which case Articles 16.7 through 16.9 shall apply, and Customer may obtain a refund for any over - payments, with interest, for a period not to exceed thirty-six (36) months. (ii) The Parties further agree that if the arbitrators' decision regarding a Rate Action Dispute is favorable to Customer, Customer is entitled to a credit against future bills (net of any amount withheld by Customer) of any Power Costs or rate design found to be unreasonable or in violation of the Agreement, commencing prospectively only from the date of the Statement of Claim. The credit shall be made in the bills next coming due, provided that, at LCRA's option, credit may be spread equally over a like period of time in which the disallowed Power Costs were collected or the rate design applied, but in no event shall the refund