Continuing Education Program

Dispute Resolution Process

I.  APPLICABILITY

Any dispute arising under the NERC agreement establishing a “NERC Continuing Education Program” or from the establishment of any NERC rules, Policies or Procedures dealing with any segment of the CE Program process shall be subject to this non-binding NERC Continuing Education Dispute Resolution Process (hereafter called the "Process").  The Process is accessible to anyone.

II.  NON-BINDING DISPUTE RESOLUTION PROCESS

Requests for Dispute Resolution
In the event that the parties do not settle a dispute appropriate for resolution by the Process, one of the disputing parties shall submit a written request to the North American Electric Reliability Corporation requesting initiation of the Process.  The written request must include a statement of the issue(s) in dispute and the position(s) of the party(s) relating to the issue(s).  Issues appropriate for the Process include but are not limited to: challenges regarding application reviews, interpretations of guidelines and standards, probation or suspension of NERC Approved Provider status, or CE Hours disputes.

Process Classifications
The Process may proceed in any or all of three classifications.  All disputes shall begin as a Class I unless the affected parties agree to go directly to the Class II or Class III. If the Class I process fails to resolve the issue(s) the parties may mutually agree to proceed to either Class II or Class III resolution process.

Process Expenses
All individual expenses associated with the Process, including individual salaries, travel, meetings (except as defined below) or consultant fees, shall be the responsibility of the individual parties incurring the expense.  The parties involved shall agree to review the dispute at a regularly scheduled NERC meeting, in a conference call, or by written correspondence.  If a separate meeting is required, the NERC and the disputing party shall equally share all meeting costs.

Decision Process
Robert’s Rules of Order shall be used as a standard of conduct for the Process.  For Class II Process, a simple majority vote of the members present will decide all issues.  All votes shall be taken in a closed session.  The NERC Dispute Resolution Administrator shall notify all affected parties of any vote within two weeks.

III.  DISPUTE RESOLUTION PROCESS

Class I - Dispute Resolution Administrator
The NERC shall assign a Dispute Resolution Administrator whose function shall be to resolve the dispute or forward it to the next level in the Process.  The Dispute Resolution Administrator shall be independent of all parties involved with the dispute. Decisions shall be provided to the disputing parties within thirty days (calendar) of receipt of the dispute.  All disputes involving the awarding of CE Hours will be resolved in Class I.

Class II - Continuing Education Appeals Working Group
The Certification Appeals Working Group of the NERC Personnel Subcommittee is the second level of the Process.  Only disputes regarding the “process” aspects of the program will be reviewed in Class II.  Within ten days (calendar) of receiving notification of a Class II dispute from the NERC, the Chair of the Personnel Subcommittee will notify members of the Continuing Education Appeals Working Group to set an appropriate meeting date and location, a conference call, or a correspondence review period to resolve the dispute.   

The Continuing Education Appeals Working Group shall be composed of seven members appointed by the Personnel Subcommittee Chair.  They are:

• two active NERC Personnel Subcommittee members
• two trainers from NERC Operating Authorities
• one active NERC Certified System Operator from a NERC Operating Authority
• two independent appointments