Expedited Interconnection Dispute Resolution

On October 12, 2017, the Commission approved Resolution ALJ-347 establishing an Expedited Interconnection Dispute Resolution Process as authorized by Assembly Bill 2861 (Ting, 2016). The expedited dispute resolution process issues binding determinations to electric distribution grid interconnection disputes based on the recommendations of a technical panel within 60 days of the Commission receiving the Application regarding a particular dispute.

For questions about the process, please see below. If questions remain, feel free to email Rule21.Disputes@cpuc.ca.gov.

Per Section 769.5(b)(3) of the Public Utilities Code, if an interconnection applicant is unable to resolve an interconnection-related dispute after working with the utility operating the distribution grid, the applicant may seek to resolve the dispute using the CPUC’s EIDR process.

In order to be eligible to submit a dispute to the EIDR process, the applicant must demonstrate that they have made a prior attempt to informally resolve the dispute with the utility using one of the following two procedures:

1. Bilateral negotiations as set forth in Section K.2.a of Rule 21.
2. Expedited bilateral negotiations tracking the steps of Section K.2.a, but with the following shortened deadline requirements: upon the applicant notifying the utility of the dispute, the utility shall have 10 business days to prepare its response instead of 21 calendar days, and 15 business days to meet to attempt to resolve the dispute instead of 45 calendar days.

Scope of Eligible Disputes

A dispute may be considered eligible for the Expedited Process when there is an unresolved disagreement between the applicant and utility regarding whether one or both parties’ actions are compliant with established interconnection rules and/or are reasonable, cost efficient and necessarily required under those rules to ensure safe and reliable interconnection.

Eligible disputes may include, but are not limited to, the following matters:

• Accuracy of analysis performed in studies and engineering conclusions.
• The necessity for equipment or facilities required by the utility.
• Whether there is a feasible, lower cost alternative to a requested upgrade.
• Whether modifications to an application should trigger re‐study.

The Commission delegates to Energy Division the authority to enforce which disputes are out of scope of EIDR.

Applicants shall not use the dispute resolution procedure as a method for resolving debates over established interconnection rules or policies. Disputes whose resolution would necessarily result in modifications or revisions to Commission rules will likely be found by Energy Division to be outside the scope of EIDR. Such determinations are more properly the subject of Commission rulemakings. Additionally, disputes of material facts that do not have an engineering or compliance question at their core will likely be found by Energy Division to be outside the scope of EIDR. Such disputes will likely be referred to the Commission’s pre‐existing methods for dispute resolution, including bilateral negotiations as outlined in Section K.2.a of Rule 21, mediation via the Commission’s Alternative Dispute Resolution process, and filing a formal complaint with the Commission.

If you believe that your dispute is eligible, the next step is to complete Expedited Interconnection Intake Form and follow the steps noted in the first paragraph of the form. Email submission to Rule21.Disputes@cpuc.ca.gov is the preferred method of submission as physical delivery of documents via mail will add time to each step.

The steps are outlined in the chart below:

IMPORTANT NOTE: Documents you submit will be published on the California Public Utilities Commission's public web page and distributed to the EIDR Participant Email List. You have the option of submitting public and confidential versions of this form and accompanying materials. If submitting public and confidential versions, please clearly label each version and redact any personally identifiable information that you prefer not to be posted publicly. California Public Utilities Commission is not responsible for redacting personally identifiable information from your forms and attachments.

The following disputes are active. To be added to the EIDR Participant Email List please email Rule21.Disputes@cpuc.ca.gov.  All relevant communication will be posted to this webpage under the relevant dispute number below, but there may be up to a seven-day delay between the EIDR Participant Email List notices and its posting to the website.

An applicant can withdraw its dispute from the Expedited Process at any time. If the applicant and the utility reach a settlement independent of the Commission, it is not necessary for the Commission to approve the settlement.

• Currently there are no active disputes.

The following disputes are no longer active.  An outcome of the dispute appears next to its name and unique identifier.

• Currently there are no non-active disputes.

EIDR Panelists

The following individuals are EIDR Panelists. Each Panelist’s organization is indicated next to their name below.

• Panelist – Alex Mwaura (Pacific Gas & Electric)
• Panelist – Phuoc Tran (Pacific Gas & Electric)
• Panelist – Roger Salas (Southern California Edison)
• Panelist – Nery Navarro (Southern California Edison)
• Panelist – Christopher Bolton (San Diego Gas & Electric)
• Panelist – Cory Mitsui (San Diego Gas & Electric)
• Panelist – Tom McCalmont (non-Utility Panelist)
• Panelist - Steven Schiller (non-Utility Panelist)
• Panelist - Jeffrey Ansley (non-Utility Panelist)
• )Panelist - Leo Casey (non-Utility Panelist)