Is Mediation Appropriate for an issue before the Public Utility Commission

[iEngineer]

What is the name of your state? Pennsylvania

Hello! I'm experiencing an issue with my utility where it keeps momentarily shutting off. This has been going on since earlier this year and is happening to all customers on this particular circuit from the utility substation. I have filed a formal complaint with the PUC. The utility responded and asked that the issue go before their mediation unit. I'm looking for advice on if this is appropriate or not since it requires consent from all parties.

It's advertised as quicker/easier/cheaper than a formal hearing...but it does say that it's not appropriate for when the result requires a "determination of an issue at law", "a party wants a determination of who is right", or for an issue where either party would like the result to serve as a precedent or establish a policy.

Fundamentally, I'm not sure if I fit into that not appropriate case since, to me, my issue seems to be a question of what is "reliable" since that term has no threshold value in the Pa. Code, nor the utility company's tariff.

The ultimate goal is to just get the utility to fix the issue. In their answer to my complaint they did admit to investigating every interruption, but have no underlying cause.

I'd love to see some opinions from this community on if you think this is something that can be mediated, or if I should just stick with the hearing. It does say that mediation is non-binding and that the mediator does not make a decision, instead the mediator is there to "assist the parties in reaching their own mutually acceptable agreement"...so I suppose that if we never reach an agreement to settle the dispute, we'd go to a formal hearing anyway? Is my understating correct?

 

[quincy]

What is the name of your state? Pennsylvania

Hello! I'm experiencing an issue with my utility where it keeps momentarily shutting off. This has been going on since earlier this year and is happening to all customers on this particular circuit from the utility substation. I have filed a formal complaint with the PUC. The utility responded and asked that the issue go before their mediation unit. I'm looking for advice on if this is appropriate or not since it requires consent from all parties.

It's advertised as quicker/easier/cheaper than a formal hearing...but it does say that it's not appropriate for when the result requires a "determination of an issue at law", "a party wants a determination of who is right", or for an issue where either party would like the result to serve as a precedent or establish a policy.

Fundamentally, I'm not sure if I fit into that not appropriate case since, to me, my issue seems to be a question of what is "reliable" since that term has no threshold value in the Pa. Code, nor the utility company's tariff.

The ultimate goal is to just get the utility to fix the issue. In their answer to my complaint they did admit to investigating every interruption, but have no underlying cause.

I'd love to see some opinions from this community on if you think this is something that can be mediated, or if I should just stick with the hearing. It does say that mediation is non-binding and that the mediator does not make a decision, instead the mediator is there to "assist the parties in reaching their own mutually acceptable agreement"...so I suppose that if we never reach an agreement to settle the dispute, we'd go to a formal hearing anyway? Is my understating correct?

What exactly are you seeking? Just to have the utility continue to investigate the cause(s) of the outages and have the problem(s) fixed? Is there some reason you think that the utility is not looking for the causes of the outages?

 

[Zigner]

Mediation is, in essence, a guided settlement discussion. If you aren't able to settle, then it would go to a hearing. If your ultimate goal is to have the problem fixed, then this might be a good way to go.

 

[Litigator22]

What is the name of your state? Pennsylvania

Hello! I'm experiencing an issue with my utility where it keeps momentarily shutting off. This has been going on since earlier this year and is happening to all customers on this particular circuit from the utility substation. I have filed a formal complaint with the PUC. The utility responded and asked that the issue go before their mediation unit. I'm looking for advice on if this is appropriate or not since it requires consent from all parties.

It's advertised as quicker/easier/cheaper than a formal hearing...but it does say that it's not appropriate for when the result requires a "determination of an issue at law", "a party wants a determination of who is right", or for an issue where either party would like the result to serve as a precedent or establish a policy.

Fundamentally, I'm not sure if I fit into that not appropriate case since, to me, my issue seems to be a question of what is "reliable" since that term has no threshold value in the Pa. Code, nor the utility company's tariff.

The ultimate goal is to just get the utility to fix the issue. In their answer to my complaint they did admit to investigating every interruption, but have no underlying cause.

I'd love to see some opinions from this community on if you think this is something that can be mediated, or if I should just stick with the hearing. It does say that mediation is non-binding and that the mediator does not make a decision, instead the mediator is there to "assist the parties in reaching their own mutually acceptable agreement"...so I suppose that if we never reach an agreement to settle the dispute, we'd go to a formal hearing anyway? Is my understating correct?

Your frustrations with the utility provider are understandable. And perhaps filing a formal grievance with the PUC will cause the utility provider to intensify its efforts to eliminate the black outs. But other than making a record of the frequency and inconveniences of the stoppages I don't see any added benefit from either mediation or a plenary hearing.

 

[iEngineer]

What exactly are you seeking? Just to have the utility continue to investigate the cause(s) of the outages and have the problem(s) fixed? Is there some reason you think that the utility is not looking for the causes of the outages?

That is the only relief I requested. I don't believe the utility has done enough, they have indicated that they need to wait for this problem to "fail completely" so they can identify the source of the issue. In talking with electricians, and linemen (including one employed by the very said utility) there are fault monitors that can be installed on the lines to pinpoint the source of the issue. The utility, to date, has not installed anything to monitor the issue and track down where in the network it exists. Since the only company that can investigate/fix this issue is the utility themselves, I'm asking the PUC to step in to help resolve this.

I do have an engineering expert willing to testify at the hearing who calculated our interruption rate at over 3x the annual average reported in required filings by my utility....and our interruptions are only over a six-month period of time, implying that it could be over 6x the annual average if evenly distributed.

Mediation is, in essence, a guided settlement discussion. If you aren't able to settle, then it would go to a hearing. If your ultimate goal is to have the problem fixed, then this might be a good way to go.

Thank you. I might proceed with this route then. I'm only hesitant because I did file an informal complaint with the PUC (which is recommended as the first step), but it reached a stalemate when the utility denied the problem existed. The PUC then said I'd have to proceed to the formal complaint so that action could be taken.

Your frustrations with the utility provider are understandable. And perhaps filing a formal grievance with the PUC will cause the utility provider to intensify its efforts to eliminate the black outs. But other than making a record of the frequency and inconveniences of the stoppages I don't see any added benefit from either mediation or a plenary hearing.

Thank you. I did file a formal complaint and it looks like we either have to go to mediation or have a hearing before an administrative law judge. Those are the only two options (well unless the PUC would grant a motion from the utility to dismiss or rule in summary judgement).