(A) If all parties to the pending formal complaint agree
that the dispute (or a portion thereof) should be resolved through arbitration,
the parties may jointly file a request with the commission to stay the
proceeding pending the arbitration, outlining with sufficient specificity the
issues for which arbitration is being sought. In the joint request, the parties
may seek to have the commission assign its personnel to be the arbitrator or
the parties may request that the issues to be arbitrated be assigned to a
commission-approved, certified arbitration process approved pursuant to
paragraph (G) of this rule.
(B) If commission personnel is not the arbitrator, the
parties will notify the commission once they have engaged the
arbitrator.
(C) Any arbitration award will be made in writing and
served upon the parties by the arbitrator.
(D) Arbitrations conducted under this rule are subject to
Ohio confidentiality statutes (e.g., Chapter 2710. of the Revised Code). By
electing arbitration under this rule, no appeals of any intermediary rulings
made by the arbitrator are permitted.
(E) If the parties accept the arbitration award, a copy of
the arbitration award need not be filed with the commission. The parties'
joint motion to dismiss the complaint (or involved portion thereof) should be
filed within thirty calendar days of the issuance of the arbitration award, in
light of their acceptance of the award.
(F) When commission personnel acts as the arbitrator, the
parties will be bound by the arbitration award, except as described in this
provision. Within thirty calendar days of the issuance of an arbitration award,
any party to the arbitration may seek commission review of the arbitration
award, but such review will be limited to ascertaining the existence of any
grounds identified in Chapter 2711. of the Revised Code, such as fraud,
corruption, misconduct, impropriety, or mistake by the arbitrator. The
commission may impose a briefing schedule or other procedure, where
appropriate. Upon consideration of the review request, the commission may
confirm, vacate, modify or enforce the arbitration award. If the commission
vacates the arbitration award (in whole or in part), the commission will
specify whether the matter should be remanded to the same arbitrator. Any
commission decision to confirm, vacate, modify or enforce the arbitration award
under this provision is subject to rehearing pursuant to section 4903.10 of the
Revised Code, and any final commission decision is subject to appeal pursuant
to section 4903.13 of the Revised Code.
(G) Electric utilities, electric service companies,
electric cooperatives, and governmental aggregators may file an application
with the commission seeking certification to use a proposed commercial
arbitration process for any class of formal complaints or for all potential
formal complaints. The commission staff will review such an application seeking
certification to use a commercial arbitration process and recommend to the
commission whether the application should be approved. The commission may
approve such an application if the commission is satisfied that the commercial
arbitration process is fair, cost-effective, and does not result in prejudice
against any potential future parties. By approving an application pursuant to
this provision, the commission retains the right to evaluate, in each
individual formal complaint proceeding, whether to grant a request to stay the
formal complaint proceeding pending arbitration.
