[IOT] Second reading June 12 on retroactivity issues

[McAuley, David]

Dear members of the IRP IOT,



The purpose of this mail is to inform you, particularly those who do not regularly attend the teleconference calls, that at our meeting on Thursday, May 25th, we gave a first reading to an outcome on retroactivity issues, and to notify you that we have a second reading scheduled for June 12th (conference call at 19:00 UTC).



Our agreed approach at first reading deals with two retroactivity issues: One concerning retroactivity of the substantive IRP bylaw to IRPs pending prior to Oct. 1st, 2016, the date on which the new IRP became enacted in Bylaw Section 4.3; and, Two, retroactivity of the Updated Supplementary Procedures, once adopted, to pending IRPs on the date of adoption of the USPs.



Our approach was agreed at first reading following consideration of various public comments received from the first draft public comment period.



Here is what we agreed at first reading:



1.      With respect to new substantive IRP standard - no retroactive application to IRPs already pending on Oct. 1st, 2016; and
2.      With respect to retroactive application of new Updated Supplementary Procedures (USPs) once adopted - the USPs shall be amended to allow a party to request the panel hearing the case to decide this as a matter of discretion. We also propose adding a standard for the panel in reviewing such requests, specifically that unless all parties consent it shall not allow new rules to apply to pending cases if that action would work a substantial unfairness or increase in costs to any party or otherwise be unreasonable in the circumstances.

If you wish to object to second reading being given please speak up now on list, and/or at the next call on June 12th at 19:00 UTC.



Best Regards,



David



David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154



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