20VAC5-314-100. Disputes.
A. The parties agree to attempt to resolve all disputes arising out of the interconnection process according to the provisions of this section.
B. In the event of a dispute, either party shall provide the other party with a written notice of dispute. The notice shall describe in detail the nature of the dispute. The parties shall make a good faith effort to resolve the dispute informally within 10 business days.
C. If the dispute has not been resolved within 10 business days after receipt of the notice, either party may seek resolution assistance from the Division of Public Utility Regulation where the matter will be handled as an informal complaint.
Alternatively, the parties may, upon mutual agreement, 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 technical expert) to assist the parties in resolving their dispute. Each party shall conduct all negotiations in good faith and shall be responsible for one-half of any costs paid to neutral third parties.
D. If the dispute remains unresolved, 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.
E. The specified time periods for the interconnection request shall be tolled during the period in which the parties are engaged in any of the dispute resolution processes described in this section. Tolling shall commence upon the initiation of a dispute resolution process and shall end upon the termination of such process. This tolling ensures that neither party is prejudiced by the time taken to resolve the dispute through informal or formal mechanisms. If the dispute remains unresolved after 30 business days, the utility shall provide a written notice to commission staff at the Division of Public Utility Regulation.
Statutory Authority
§§ 12.1-13 and 56-578 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 20, eff. May 21, 2009; amended, Virginia Register Volume 37, Issue 1, eff. October 15, 2020; Volume 42, Issue 25, eff. September 1, 2026.