Section 69.19. Operational and capacity councils

(a) Each NGDC should create an operational and capacity council for parties referred to in section 2204(f) of the act (relating to implementation) to discuss and attempt to resolve operational and capacity issues related to customer choice, including the reliability effects of those operational and capacity issues related to customer choice and the ongoing implementation of this section and § § 69.11—69.18 (relating to safety and reliability guidelines). The intent of these councils is to explore the possibility of building consensus among council participants relating to operational, capacity and operational and capacity-related safety and reliability issues in a fair and nondiscriminatory manner.

(b) Each NGDC’s operational and capacity council should, at a minimum, establish, in consultation with council participants, the following:

(1) A regular meeting schedule.

(2) An agenda for each meeting.

(c) The final determination of operational and reliability issues resides with the NGDC, subject to Commission review.

(d) The fact that statements were made, or positions were taken and were not considered or accepted, in operational and capacity council meetings should not be considered, or entered into evidence, in any formal proceeding before the Commission relating to any matter addressed in the council meetings.

Notation

Cross References

This section cited in 52 Pa. Code § 69.11 (relating to definitions).