[IOT] IRP-IOT Timing Rule Agreement and Agenda

Mon Mar 28 17:26:09 UTC 2022

Hi all

In advance of our call tomorrow I am circulating a summary of the agreement we have reached on the time for filing, with respect to the adoption of Fixed Additional Time.  My understanding of our agreement over the last two plenary calls is set out below.  If anyone believes this does not accurately captures things and/or that I have missed anything, please reply to this email.

Background

  *   This is intended to address concerns raised in the community comments, and shared by members of this IOT, that the time limits for bringing an IRP should not have the effect of dissuading a claimant from pursuing other accountability mechanisms which might serve to narrow or resolve the matters in dispute, such as the Request for Reconsideration (RFR), for fear that by doing so they would be out of time to file the IRP.
  *   Our initial discussions on this topic considered tolling of the time limit to bring an IRP to account for time spent in a related RFR.  Some members of the IOT raised concerns about complexity and the potentially lengthy period of time, in total, before an IRP might be brought.  The proposal for allowing a period of Fixed Additional Time arose out of the desire to strike a reasonable balance.
  *   The IOT also considered the question of whether a Dispute which is appropriate for an IRP might also fall within the scope of the RFR process, and the majority concluded that it could.

Agreement reached

  *   Applies where a potential claimant to an IRP first brings a RFR relating to the same Dispute, provided of course that at the time the RFR is brought the claimant is not already out of time to file an IRP.
  *   Where that RFR does not serve to wholly resolve the dispute, and the claimant now intends to commence an IRP, they are granted a period of 30 days within which to initiate the IRP.

*        This 30 days Fixed Additional Time runs from the publication of the Approved Resolution by the Board on the final disposition of the RFR.

*        Provided that the IRP is commenced (or the Cooperative Engagement Process (CEP) is initiated) within the 30 day period, the claimant will not be considered out of time to file their IRP. The details of FAT on cases which go to CEP will be considered in detail when the IOT looks into CEP.

We did not consider whether to also apply the concept of FAT where a claimant initiates CEP - this will be discussed when we review and revise the CEP rules.  If that revision of the CEP rules indicates that it is necessary, we will revisit this concept of FAT further.

We did not agree to apply the concept of FAT to complaints to the Ombuds or to DIDP requests.

Agenda for the call on 29 March 2022

  1.  Review agenda and updates to SOIs.
  2.  Update from the Sub-Groups:

2.1. Initiation

2.2. Consolidation

  1.  Confirmation of consensus on 30 day Fixed Additional time option for filing, as set out above
  2.  Continue the discussion on the Repose and Safety Valve language.
  3.  Confirmation of next meeting: 12 April 2022, 18:00 UTC.

Susan Payne
Head of Legal Policy

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