Members: David McAuley, Greg Shatan, Malcolm Hutty, Mike Rodenbaugh, Sam Eisner, Scott Austin, Susan Payne
Guests/Observers: Becky Burr, Kate Wallace, Liz Le
ICANN Org: Bernard Turcotte, Brenda Brewer
Apologies: Flip Petillion
** If your name is missing from attendance or apology, please send note to mssi-secretariat@icann.org **
Agenda:
- Review agenda and updates to SOIs
- Review action items
- SP - Fix FAT proposal per KA comments
- SP - Update Rule 4 Document to produce a clean version
- SP - Prepare a draft work plan
- Review amended 30 day Fixed Additional time option for filing
- Continue the discussion on the 24-month Repose and Safety Valve language
- Confirmation of next meeting: 24 May 2022, 18:00 UTC
Transcript: PDF
Recording
Documents:
Zoom Chat Transcript:
00:23:44 David McAuley (Verisign): I think the draft is a fair reflection of what we have agreed and agree that the language in a draft rule would probably be more crisp/clear
00:25:02 David McAuley (Verisign): +1 on being internal
00:29:05 David McAuley (Verisign): good point, Sam - I think it has been presumed
00:30:43 Scott Austin: Just for clarification, since Malcolm has raised the unique coloring of the CEP add, and it is the only entry lacking an attribution to Bernard, what/who was the source (or was it old from a prior draft)
00:31:44 Mike Rodenbaugh: Sam, can you please crystallize your suggestions? Ideally in writing in the draft document?
00:39:16 David McAuley (Verisign): Maybe we can settle the language on list?
00:39:31 Sam Eisner - ICANN Org: we'll circulate on list
00:52:36 David McAuley (Verisign): Bylaw 4.3(j) suggests reasonable efforts to establish a standing panel with legal tradition diversity (among other elements of diversity) so IMO it is important for us to be clear about this
00:54:02 Scott Austin: Exceptional Example I was quoting: Exceptional Circumstances: shall mean one or more unavoidable circumstances, as determined by the ISO, that individually or collectively render as unavailable the data necessary for the ISO to perform an audit and review of a Market Party, pursuant to Section 23.4.5.6.2 of this Services Tariff. Exceptional Circumstances may include, but are not limited to: the inaccessibility of the physical facility; the inaccessibility of necessary documentation or other data; and the unavailability of information regarding the regulatory obligations with which the Market Party will be required to comply in order to return its Generator to service which regulatory obligations are not yet known but which will be made known by the applicable regulatory authority under existing laws and regulations provided that none of the above described circumstances are the result of delay or inaction by the Market Party. The magnitude of the repair cost, alone, shall not be an Exceptional Circumstance.
00:54:30 David McAuley (Verisign): I like Jarndyce v. Jarndyce
00:58:14 Malcolm Hutty: I agree David, including on your preference for explanation over example
01:00:09 David McAuley (Verisign): Good point by Sam about panel taking a role in rules
01:02:08 Mike Rodenbaugh: perhaps there should be a formal review of our rules and the IRP planned for 2 or 3 or 5 years after implementation, in consultation with the IRP SP?
01:02:15 David McAuley (Verisign): That role for panel is in Bylaw 4.3(n)(i)
01:06:24 David McAuley (Verisign): I think 24 is fair even though I started at favoring 12
01:10:42 Brenda Brewer - ICANN Org: https://docs.google.com/document/d/1EPOQ-88MOXhYtpc_Fwo5qWDhGEE_M1uhqoJ2V7QeTO8/edit
01:16:45 Scott Austin: A broader definition:Exceptional Circumstances means circumstances that could not be reasonably foreseen and for which there was insufficient time to take the necessary action to resolve the situation arising from those circumstances.
01:18:47 David McAuley (Verisign): Thank you, Susan, Bernie, Brenda, and all
01:18:52 Mike Rodenbaugh: hopefully e ill have it done soon
