Selection of Arbitration Panel. If BPA, one or more COU Parties, and one or more IOUs are all Participants to a dispute within the scope of section 9 of the Settlement Agreement, they will select a panel of three arbitrators in accordance with the process specified in section 4.1 of this Exhibit E. If a dispute within the scope of section 9 of the Settlement Agreement involves only two of the foregoing categories of Participants (that is, only COU Parties and IOUs, or only BPA and COU Parties, or only BPA and IOUs), then those Participants to the dispute will select two arbitrators in accordance with the process specified in section 4.2 of this Exhibit E. If a dispute within the scope of section 9 of the Settlement Agreement solely among two or more IOUs, then those IOUs that are Participants to the dispute will select their arbitrators in accordance with the process specified in section 4.3 of this Exhibit E. The panel of arbitrators selected in accordance with section 4.1, 4.2, or 4.3 of this Exhibit E will be referred to in these Arbitration Procedures and in section 9 of the Settlement Agreement as the “Arbitrator.”
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Sources: Settlement Agreement, Settlement Agreement, Rep Settlement Agreement
Selection of Arbitration Panel. If BPA, one or more COU Parties, and one or more IOUs are all Participants to a dispute within the scope of section 9 of the Settlement Agreement, they will select a panel of three arbitrators in accordance with the process specified in section 4.1 3.1 of this Exhibit E. If a dispute within the scope of section 9 of the Settlement Agreement involves only two of the foregoing categories of Participants (that is, only COU Parties and IOUs, or only BPA and COU Parties, or only BPA and IOUs), then those Participants to the dispute will select two arbitrators in accordance with the process specified in section 4.2 3.2 of this Exhibit E. If a dispute within the scope of section 9 of the Settlement Agreement solely among two or more IOUs, then those IOUs that are Participants to the dispute will select their arbitrators in accordance with the process specified in section 4.3 3.3 of this Exhibit E. The panel of arbitrators selected in accordance with section 4.13.1, 4.23.2, or 4.3 3.3 of this Exhibit E will be referred to in these Arbitration Procedures and in section 9 of the Settlement Agreement as the “Arbitrator.”
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