15-1901-14367-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

Commissioner of Labor and Industry v. Northern States Power Company

PREHEARING ORDER

A prehearing conference was held by telephone on November 9, 2001. Julie A. Leppink, Assistant Attorney General, 525 Park Street, Suite 500, St. Paul, MN 55103-2106, appeared on behalf of the Minnesota Occupational Safety and Health Division. Timothy Thornton, Briggs and Morgan, 2400 IDS Center, 80 South Eighth Street, Minneapolis, MN 55418, appeared on behalf of Northern States Power Company.

The parties agree that discovery in this matter is complete. The parties are encouraged to continue settlement discussions and notify the undersigned in the event that the matter is resolved.

IT IS HEREBY ORDERED:

1. This matter is scheduled for hearing on February 5 and 6, 2002 commencing at 9:30 a.m. at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401.

2. The parties shall exchange proposed exhibit and witness lists and file a copy with this office by January 29, 2002. To the extent possible, the parties shall enter into prehearing stipulations regarding the facts involved in the hearing and foundation for anticipated exhibits.

3. In the event that either side requests a court reporter, notice shall be given to the Office of Administrative Hearings no later that January 29, 2002.

4. Requests for subpoenas for the attendance of witnesses or the production of documents shall be made in writing to the administrative law judge pursuant to Minn. R. 1400.7000.

5. In the event that the case does not settle, it may be appropriate for mediation. The parties are encouraged to promptly consider requesting the Chief Administrative Law Judge to assign a mediator so that mediation can be scheduled prior to the date set for hearing.

Dated this

9th

day of

November

2001.

BEVERLY JONES HEYDINGER

Administrative Law Judge