(a) The Cleveland Public Power Arbitration Panel shall consist of three (3) individuals. Two (2) shall be selected by the Director of Public Utilities and serve at the Director's discretion. One (1) shall be selected by the Council President and serve at the Council President's discretion.
(1) The two (2) individuals appointed by the Director shall be impartial, in that neither the person who approved the act or omission under review, nor that person's subordinates, shall participate in the matter; be knowledgeable about the operations and procedures of Cleveland Public Power; and be available to perform all of their duties in connection with the Arbitration Panel in a timely manner.
(2) The appointed Council Member must recuse themselves from hearing, reviewing, or making any determination for a dispute, claim, or complaint involving a resident or business owner of their Ward and be available to perform all of their duties in connection with the Arbitration Panel in a timely manner.
(b) The Arbitration Panel has the exclusive authority to review all disputes under this Chapter and to make determinations with regard to the matters presented to it. These determinations shall be binding on the City and the petitioning customer, except that the Commissioner shall have the authority to order that electric service not be terminated.
The Arbitration Panel shall have the authority to reduce amounts claimed due by Cleveland Public Power and the authority to defer payments of amounts it finds due and owing.
(c) The Arbitration Panel may prescribe installment plans for payment of amounts due and owing, and shall prescribe such a plan for any amount found due and owing when part or all of such amount is based on a meter reading reflecting a greater usage in a billing cycle than the estimated or average usage for previous billing cycles, and where the customer is deemed unable to pay upon demand.
(d) The Director of Public Utilities shall convene an Arbitration Panel upon request of the customer in accordance with the rules and regulations established by the Director.
(e) The Director of Public Utilities shall adopt rules and regulations governing procedures for applications, notice, hearing and determination of disputes submitted to the Arbitration Panel.
(Ord. No. 472-2022. Passed 5-23-22, eff. 5-25-22)