Process for Disputes Involving Only IOUs. The process of selecting a panel of arbitrators under section 4.3 of this Exhibit E will be the same as specified in section 4.1 of this Exhibit E, except that (i) each IOU will be a Nominating Participant (for purposes of this section 4.3 and for purposes of section 11.2 of this Exhibit E), (ii) each Nominating Participant will be entitled to submit a list of three individuals, with experience with electric utility contracts, whom such Nominating Participant proposes as potential arbitrators, (iii) if there are only two Nominating Participants, then the Nominating Participants will take turns striking names from each other’s lists until only two names remain (one on each Nominating Participant’s list), the two individuals whose names remain after the process of striking names will serve on the panel of arbitrators and together will select one additional person (with experience with electric utility contracts) to serve as the third member of the panel that will serve as Arbitrator for the dispute, (iv) if there are three Nominating Participants, then the Nominating Participants will take turns striking names from each other’s lists until only three names remain, and the three individuals whose names remain at the end of the striking process will serve as Arbitrator for the dispute, and (v) if there are four or more Nominating Participants, then the Nominating Participants will take turns striking names from each other’s lists until there are the same number of proposed arbitrators as there are Nominating Participants, after which the three arbitrators’ names will be selected by a random process.
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Sources: Settlement Agreement, Settlement Agreement, Rep Settlement Agreement
Process for Disputes Involving Only IOUs. The process of selecting a panel of arbitrators under section 4.3 3.3 of this Exhibit E will be the same as specified in section 4.1 3.1 of this Exhibit E, except that
(i) each IOU will be a Nominating Participant (for purposes of this section 4.3 3.3 and for purposes of section 11.2 10.2 of this Exhibit E),
(ii) each Nominating Participant will be entitled to submit a list of three individuals, with experience with electric utility contracts, whom such Nominating Participant proposes as potential arbitrators,
(iii) if there are only two Nominating Participants, then the Nominating Participants will take turns striking names from each other’s lists until only two names remain (one on each Nominating Participant’s list), the two individuals whose names remain after the process of striking names will serve on the panel of arbitrators and together will select one additional person (with experience with electric utility contracts) to serve as the third member of the panel that will serve as Arbitrator for the dispute,
(iv) if there are three Nominating Participants, then the Nominating Participants will take turns striking names from each other’s lists until only three names remain, and the three individuals whose names remain at the end of the striking process will serve as Arbitrator for the dispute, and
(v) if there are four or more Nominating Participants, then the Nominating Participants will take turns striking names from each other’s lists until there are the same number of proposed arbitrators as there are Nominating Participants, after which the three arbitrators’ names will be selected by a random process.
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