Comparison of DRS and Enforcement Hotline
There are both similarities and differences between the Enforcement Hotline and the DRS.
Similarities
The main similarity is that certain disputes can be addressed effectively by either the Enforcement Hotline or the DRS. These include:
- Tariff disputes; or
- Landowner/pipeline disagreements that are raised before a dispute is filed with the Commission.
In these situations, a complainant may contact either section for assistance.
Differences
There are two main distinctions between the Enforcement Hotline and the DRS:
- The Hotline can address complaints and questions up to the time a matter is filed with the Commission. Once a formal complaint or other proceeding is initiated before the Commission, the Hotline staff may not be involved.
On the other hand, the DRS may address a dispute at any time – prior to or after a matter is filed with the Commission. This is because the DRS staff is not involved in the investigation, trial or decision-making regarding any case. The DRS staff is not subject to rules prohibiting off-the-record communications between and among parties; however, it is subject to separation of functions rules (i.e., the DRS staff may not communicate substantive matters in any of its proceedings with non–DRS staff).
- The Hotline staff members are investigators who will try to advise callers on questions or attempt to address disputes in the marketplace, either informally through mediation or early neutral evaluation or formally through other traditional enforcement remedies. While they are trained in conflict resolution, there may be times when they will side with one of the disputing parties. The Hotline staff will research Commission precedent or explore the issues with technical or other legal staff, as needed. The Hotline staff’s evaluations are not binding on the Commission. Rather, the staff offers an advisory opinion as to the settlement value of and the potential outcome of the case, as well as a recommended course of action. Hotline contacts are confidential. However, the Hotline staff may refer a matter for investigation if significant issues meriting Commission review are demonstrated.
Anyone who is unsure whether a matter should be addressed by the Hotline or the DRS may contact either unit. If the matter is not appropriate for that section, the staff representative will refer the matter to the proper unit.
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