Challenge Procedures – Informal and Formal. 1. Informal Challenges must be communicated to the PTO(s)RIE in writing, which may be made electronically from June 30 through November 30 (“Review Period”), in accordance with the Timeline. During the Review Period, Interested Parties may review the Accounting Changes (if any), inputs, supporting explanations, allocations, calculations or other information relating to the current Annual True- uUpdate and notify the PTO(s)RIE of any specific Informal Challenges. Failure to pursue an issue through an Informal Challenge shall not bar pursuit of that issue as part of a Formal Challenge with respect to the same Annual True-uUpdate as long as the Interested Party has submitted an Informal Challenge on any issue with respect to that Annual True-uUpdate. Failure to submit a Formal Challenge regarding any particular issue as to a given Annual True-uUpdate shall bar pursuit of such issue with respect to that Annual True-uUpdate, but shall not bar pursuit of such issue or the lodging of a Formal Challenge as to such issue as it relates to a subsequent Annual True-uUpdate, or an Annual Update correction under Section VII. a. The Interested Party submitting an Informal Challenge to RIEthe PTO(s) must specify the inputs, supporting explanations, allocations, calculations, or other information to which it objects, and provide an appropriate explanation and documents, as applicable, to support its challenge. The PTO(s)RIE shall make its best efforts to respond to any Informal Challenges within 20 days but no later than December 30in accordance with the Timeline. The PTO(s)RIE shall appoint a senior representative to work with the party that submitted the Informal Challenge (or its representative) toward a resolution of the challenge. If the PTO(s)RIE disagrees with such challenge, the PTO(s)RIE will provide the Interested Party(ies) with a written explanation supporting the inputs, explanations, allocations, calculations, or other information and why they disagree with the Informal Challenge. b. The PTO(s) will cause to be posted publicly all Informal Challenges from Interested Parties and the PTO’s(s’) response(s) to such Informal Challenges; except, however, if Informal Challenges or responses to Informal Challenges include material deemed by the PTO(s) to be confidential information, such information will not be publicly posted but will be provided by the PTO(s) to requesting parties pursuant to a confidentiality agreement to be executed by the PTO(s) and the requesting party. In such a case, there will be a notice posted that the information requested is available pursuant to a confidentiality agreement. 2. Interested Parties shall file Formal Challenges with the Commission pursuant to these Protocols in accordance with the Timeline on or before February 15. Formal Challenges shall only be initiated after the Informal Challenge process has been pursued and the results not found satisfactory to one or more of the Interested Parties making the Formal Challenge. a. A Formal Challenge shall: i. Clearly identify the action or inaction in the current Annual True- uUpdate which is alleged to violate the BITS Surcharge Formula Rate or the provisions of this AgreementProtocols; ii. Explain how the action or inaction violates the BITS Surcharge Formula Rate or the provisions of this AgreementProtocols; iii. Set forth the business, commercial, economic or other issues presented by the action or inaction as such relate to or affect the party filing the Formal Challenge, which will include the following items, where applicable:
Appears in 1 contract
Sources: Service Agreement
Challenge Procedures – Informal and Formal. 1. Informal Challenges must be communicated to the PTO(s)RIE in writing, which may be made electronically from June 30 through November 30 (“Review Period”), in accordance with the Timeline. During the Review Period, Interested Parties may review the Accounting Changes (if any), inputs, supporting explanations, allocations, calculations or other information relating to the current Annual True- uUpdate and notify the PTO(s)RIE of any specific Informal Challenges. Failure to pursue an issue through an Informal Challenge shall not bar pursuit of that issue as part of a Formal Challenge with respect to the same Annual True-uUpdate as long as the Interested Party has submitted an Informal Challenge on any issue with respect to that Annual True-uUpdate. Failure to submit a Formal Challenge regarding any particular issue as to a given Annual True-uUpdate shall bar pursuit of such issue with respect to that Annual True-uUpdate, but shall not bar pursuit of such issue or the lodging of a Formal Challenge as to such issue as it relates to a subsequent Annual True-uUpdate, or an Annual Update correction under Section VII.
a. The Interested Party submitting an Informal Challenge to RIEthe PTO(s) must specify the inputs, supporting explanations, allocations, calculations, or other information to which it objects, and provide an appropriate explanation and documents, as applicable, to support its challenge. The PTO(s)RIE shall make its best efforts to respond to any Informal Challenges within 20 days but no later than December 30in accordance with the Timeline. The PTO(s)RIE shall appoint a senior representative to work with the party that submitted the Informal Challenge (or its representative) toward a resolution of the challenge. If the PTO(s)RIE disagrees with such challenge, the PTO(s)RIE will provide the Interested Party(ies) with a written explanation supporting the inputs, explanations, allocations, calculations, or other information and why they disagree with the Informal Challenge.
b. The PTO(s) will cause to be posted publicly all Informal Challenges from Interested Parties and the PTO’s(s’) response(s) to such Informal Challenges; except, however, if Informal Challenges or responses to Informal Challenges include material deemed by the PTO(s) to be confidential information, such information will not be publicly posted but will be provided by the PTO(s) to requesting parties pursuant to a confidentiality agreement to be executed by the PTO(s) and the requesting party. In such a case, there will be a notice posted that the information requested is available pursuant to a confidentiality agreement.
2. Interested Parties shall file Formal Challenges with the Commission pursuant to these Protocols in accordance with the Timeline on or before February 15. Formal Challenges shall only be initiated after the Informal Challenge process has been pursued and the results not found satisfactory to one or more of the Interested Parties making the Formal Challenge.
a. A Formal Challenge shall:
i. Clearly identify the action or inaction in the current Annual True- uUpdate which is alleged to violate the BITS Surcharge Formula Rate or the provisions of this AgreementProtocols;
ii. Explain how the action or inaction violates the BITS Surcharge Formula Rate or the provisions of this AgreementProtocols;
iii. Set forth the business, commercial, economic or other issues presented by the action or inaction as such relate to or affect the party filing the Formal Challenge, which will include the following items, where applicable:
(a) The extent or effect of an Accounting Change;
(b) Whether the Annual True-uUpdate fails to include data properly recorded in accordance with these provisions in this AgreementProtocols;
(c) The proper application of the Formula RateBITS Surcharge to the Annual True-uUpdate and procedures in the provisions of this Agreementse Protocols;
(d) The recording and accounting of costs pursuant to Commission accounting practices and procedures or accounting practices applicable to municipal entities;
(e) The accuracy of data included in the Annual True-uUpdate and the calculations and charges made therein;
(f) The consistency with the Formula RateBITS Surcharge of data included in the Annual True-uUpdate.
(g) The accuracy of the inputs in accordance with the Applicable Form to the extent applicable;
Appears in 1 contract
Sources: Service Agreement