| (a) Motions for clarification. This subsection only
applies to motions for clarification of arbitration awards. Motions
for clarification of an arbitration award may be made to the presiding
officer requesting that an ambiguity be clarified or an error, other
than an error of law, be corrected.
(1) Procedure. A motion for clarification must be filed
within ten working days of the issuance of the presiding officer's
decision or order. The motion for clarification must be served on
all parties by hand delivery, facsimile transmission, electronic mail,
or by overnight courier delivery. Responses to a motion for clarification
must be filed within five working days of the filing of the motion.
(2) Content. A motion for clarification must specify
the alleged ambiguity or error and, as appropriate, include proposed
language that corrects the alleged ambiguity or error.
(3) Denial or granting of motion. The presiding officer
will grant or deny the motion within ten working days of the filing
of the motion. If the motion is granted, the presiding officer will
issue a decision or revised order within 15 working days of the filing
of the motion.
(b) Motions for reconsideration. Motions for reconsideration,
appeals, or motions for rehearing must be styled accordingly and will
be presented directly to the commission. For purposes of dispute resolution
and approval proceedings the terms "motion for reconsideration," "appeal,"
and "motion for rehearing," are interchangeable.
(1) Limitations.
(A) Only parties to the negotiation in a compulsory
arbitration under §21.95 of this title (relating to Compulsory
Arbitration) may file motions for reconsideration.
(B) In a proceeding under §21.97 of this title
(relating to Approval of Negotiated Agreements), only parties to the
negotiated agreement may file motions for reconsideration. Issues
subject to motions for reconsideration are limited to modifications
made to the agreement.
(C) In a proceeding under §21.99 of this title
(relating to Approval of Arbitrated Agreements), only parties to the
arbitrated agreement may file motions for reconsideration.
(D) In a proceeding under §21.125 of this title
(relating to Formal Dispute Resolution Proceeding), only parties to
the agreement may file motions for reconsideration. Issues subject
to motions for reconsideration are limited to interpretations of and
modifications made to the negotiated agreement.
(E) In a proceeding under §21.101 of this title
(relating to Approval of Amendments to Existing Interconnection Agreements),
only parties to the amended agreement may file motions for reconsideration.
Issues subject to motions for reconsideration are limited to amendments
or modifications made to the agreement.
(F) Any motions for reconsideration not filed by parties
will be considered as a comment filed by an interested party.
(2) Procedure. A motion for reconsideration must be
filed within 20 days of the issuance of the order under consideration.
The motion for reconsideration must be served on all parties by hand
delivery, facsimile transmission, or by overnight courier delivery,
or by electronic mail. Responses to a motion for reconsideration must
be filed within ten days of the filing of the motion.
(3) Content. A motion for reconsideration must specify
the reasons why the order is unjustified or improper. If the moving
party objects to contract language recommended by the presiding officer,
then the motion must contain alternative contract language along with
an explanation of why the alternative language is appropriate.
(4) Commission Agenda. Upon filing a motion for reconsideration,
the commission will determine whether the motion will be placed on
an open meeting agenda and considered at an open meeting. The commission
will notify the parties by facsimile or electronic mail whether any
commissioner, by individual ballot, has added the motion to an open
meeting agenda, but will not identify the requesting commissioner.
(5) Denial or granting of motion.
(A) The motion is deemed denied if, after five working
days of the filing of a motion, the parties have not been notified
that the motion has been placed on an open meeting agenda.
(B) If the commission determines that ruling on the
motion is necessary, the motion will be placed on the agenda for the
next regularly scheduled open meeting or such other meeting as determined
by the commission.
|
