N.M. Admin. Code § 17.9.568.27 - DISPUTE RESOLUTION
A. Each
party agrees to attempt to resolve all disputes arising hereunder promptly,
equitably and in a good faith manner.
B. In the event of a dispute, either party
shall provide the other party with a written notice of dispute. Such notice
shall describe in detail the nature of the dispute. The non-disputing party
shall acknowledge the notice within three business days of its receipt and
identify a representative with the authority to make decisions for the
non-disputing party with respect to the dispute.
C. If the dispute has not been resolved in
eight business days for timeline related disputes or 20 business days for all
other disputes after the receipt of the notice, the parties may, upon mutual
agreement:
(1) continue negotiations for an
additional 10 business days; or
(2)
seek resolution through the assistance of a dispute resolution service. The
dispute resolution service will assist the parties in either resolving the
dispute or in selecting an appropriate dispute resolution venue (e.g.,
mediation, settlement judge, early neutral evaluation, or qualified technical
expert(s)) to assist the parties in resolving their dispute. Each party will be
responsible for one-half of any costs paid to neutral
third-parties.
D. For any
technical disputes, both parties shall have a qualified technical
representative present in the attempts to resolve the dispute.
E. If the dispute remains unresolved after 30
business days, either party may petition the commission to handle the dispute
as a formal complaint or may exercise whatever rights and remedies it may have
in equity or law.
F. If the dispute
remains unresolved after 90 business days, a formal complaint to the commission
has not been submitted, and the dispute is causing delays to other projects in
the queue, the utility may adjust the queue position of the disputing project.
The disputing party shall be responsible for any additional study costs that
may result from the change in queue position.
Notes
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