公元二零一六年十一月十八日,期盼已久的仲裁判决终于姗姗来迟。判决结果好得出乎我们的意料:
DECISION
We answer the questions posited by the parties as follows:
a. Was the Event a HILP Event under the PPA?
Answer: Yes.
b. Was the Event an FM event under the PPA?
Answer: Yes.
c. If the Event was an event of FM, for what Settlement Periods is BBB entitled to FM relief?
Answer: The Settlement Periods are from 4:00 p.m. on XXX, 20XX until 10p.m. on YYY, 20XX.
To answer the specific claim for relief in the Claimant’s Statement of Position (at paragraph N), we find that SAIPus = 0 from 4 p.m. on XXX, 20XX to 10 p.m. on YYY, 20XX (the Settlement Period) for the purposes of calculating Availability Incentives under Schedule D to the ZZZ PPA.
The Panel will remained seized of the following issues if the parties are unable to reach agreement:
a. The monetary consequences of the Panel's award,
b. The need for a formal declaration that the AAA is required to pay BBB the Capacity Payments during the Settlement Period, and
c. Costs.
Dated at CCC, November 14, 2016.
Signatures of the panel
全公司都很震惊,从董事会到CEO,都表达了欣喜之情,因为这个官司的输赢,对公司股票价格和投资人的信心至关重要。尤其是在一脑袋浆糊的全球变暖的鼓吹者们的兴风作浪情势下,我们能否证明自己是个合格的运营商,并会一如既往地发挥现有设备最大余热,为社会和投资者争取利益最大化,其重要性尤为显著。
下面是公司董事长和CEO的贺词:
董事长:This is a remarkable outcome. First, on behalf of the Board I want to express sincere appreciation to all the management and staff who worked so tirelessly on this case. If I could hug all of you I would. Second, I want to thank our Board for its dedicated engagement in the analysis of how to approach the challenge presented by this dispute. I am proud of the process. Third, I think the dynamic of how the Board and management labored through the analysis was a text book case of trusting each other and working together. Last, YYY you are my hero. Your effort and passion for this cause were an inspiration and at the core of our resolve to defend our reputation and professional integrity. You may keep the watch!
CEO:All,
Tonight we received the decision of the arbitration panel on the KKK arbitration dispute. The panel upheld all of our operating and engineering decisions! Congratulations to the plant staff who made strong decisions in the context of good operating practices and to the legal team who helped them make their case. Well done!
Although this is a good outcome for BBB, it's an onerous one for our customer, EEE. Hopefully this outcome will give them the confidence that our operating focus is strong and will encourage them to continue to do business with us in the future.
Again, my congratulations to the team who worked hard to make all the right decisions as we work through the right process for the evaluation and fix of the ggg. Well done.
YYY董事:First of all let me make a confession: When I got the note I teared. Not because we won a case but because this team deserved a win with all the hard work they do against so many obstacles on all fronts. This is a statement and a vote of confidence in the heart of the company's core competency. It is not just ggg1 but also ggg2 which was to be next if we lost this one. More importantly, the PPP’s loss in following EEE's lead in the case.
I really appreciate the kind words for my involvement but let me tell you that we have a first-class team in this organization. My interaction with all levels was so rewarding in recognizing the talent and the thought process in decision making. The caliber of the opposition witnesses was the highest money can buy and perhaps intimidated our team on paper until the process started when JK told me "XXXX we seem to be way better than them". Yes we are and I am glad the team saw that and realize that we are as good as any can be.
俺的心情:“爽”就一个字!
因为赢了这个大官司,整个团队赢得了2016年总裁特别奖!!!