6-2500-15577-2
E-243,106/SA-03-896
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE
|
In the Matter of
the Application of the Grand Rapids Public Utilities Commission to Extend its
Assigned Service Area into the Area Presently Served by Lake Country Power |
FIRSTPREHEARING ORDER |
A Prehearing Conference was held on November 3, 2003, by telephone before Allan W. Klein, Administrative Law Judge.
Appearing on behalf of Grand Rapids
Public Utilities Commission was Kaela Brennan, of the firm of McGrann, Shea,
Anderson, Carnival, Straughn & Lamb, 800 Nicollet Mall, Suite 2600,
Minneapolis, MN 55402-7035.
Appearing on behalf of Lake Country
Power was Harold LeVander, Jr., of the firm of Felhaber, Larson, Fenlon &
Vogt,
Appearing on behalf of the Commission
staff was Stuart Mitchell, Minnesota Public Utilities Commission,
Discussion was held among the
participants and having considered all the arguments and comments, the
Administrative Law Judge makes the following Prehearing Order:
INTERVENORS
1.
The final date
for intervention is December 15, 2003.
Any person allowed to intervene in
this proceeding after the date of this Order shall be bound by the terms of
this Order.
SCHEDULE
The following Schedule is adopted and, except when modified by Order of the Administrative Law Judge, shall govern this proceeding:
2.
Discovery
Demands – November 24, 2003.
3.
Discovery
Responses – January 30, 2004.
4.
Prefiled
Direct Testimony – February 27, 2004.
5.
Prefiled
Rebuttal Testimony – March 19, 2004.
6.
Prefiled
Surrebuttal Testimony – April 6, 2004.
7.
Evidentiary
hearings – April 19-21, 2004.
8.
The parties shall submit Briefs and are encouraged to submit proposed
Findings of Fact and Conclusions, all appropriately referenced to the official
record, at such times after the close of the evidentiary hearings as shall be
directed by the Administrative Law Judge.
PROCEDURE
9.
The Rules of the Office of Administrative Hearings shall govern the
conduct of the hearings herein. To the
extent they are not superceded by the OAH Rules, the Commissioner’s Rules of
Practice and Procedure shall also apply.
FILING OF DOCUMENTS
10.
All direct testimony sponsored by all parties shall be filed in writing
with the Administrative Law Judge and shall be received by the parties in
accordance with the schedule herein. All
prefiled testimony shall be in question and answer format.
11.
All documents filed, including prefiled testimony, but excluding
information requests and responses, shall be filed as follows:
a. Prior to the issuance of the Report of the
Administrative Law Judge, the original document and one copy shall be delivered
or mailed to:
Allan W. Klein
Administrative Law Judge
Office of Administrative Hearings
b. Fifteen (15) copies shall be filed with the
Commission Secretary for distribution among Commissioners and Commission
staff. The copies shall be delivered or
mailed to:
Burl W. Haar
Executive Secretary
121
c. Except as hereinafter provided, one (1) copy
shall be served personally or by mail on the attorney of record for each party,
or, if there is no attorney, upon the party.
d. Four (4) copies of each such document shall
be served personally or by mail on Kathy Aslakson as follows:
Kathy Aslakson
Docket Coordinator
Minnesota Department of Commerce
e. One (1) copy of each of such document shall
be served personally or by mail on:
Janet Shaddix
Elling
Shaddix
& Assoc.
9100 W.
f. A service list is attached hereto as Exhibit
A and made a part hereof. Service of
documents in the numbers required by this Order shall be made according to such
service list.
g. Following the Report of the Administrative
Law Judge, original documents shall be filed with the Executive Secretary of
the Commission.
h. Pursuant to Minnesota Rules, part 1400.5100,
subp. 9, the effective date of filing shall be the date the document is mailed
or delivered to the Administrative Law Judge or to the Executive Secretary of
the Commission.
i. Proof of service shall be filed with each
filed document.
12.
One copy of any document or information filed with or supplied to the
Public Utilities Commission or the Commission staff relative to any issue in
these proceedings which is not otherwise served on the parties or their
attorneys pursuant to the proceeding hereof shall be served on the attorney of
record for each party, or, if there is no attorney, upon the party.
DISCOVERY
13.
All requests for information shall be made in writing to the person from
whom the information is sought with a copy of the request mailed to all parties
of record. No such request shall be
provided to the Administrative Law Judge.
The party responding to the information request shall provide the
information requested to the requesting party within ten (10) days from the
date of the request. The information
need not be supplied as a matter of course to all other parties. In the event the information cannot be
supplied within such ten-day period, the responding party shall notify the
requesting party, in writing, within five days of the request to work out a
schedule of compliance with the requesting party. All disputes concerning the reasonableness of
discovery requests and the timing and sufficiency of responses shall be
resolved by the Administrative Law Judge upon Motion of a party.
14.
Further discovery may be had herein in accordance with Minnesota Rules,
parts 1400.6700 - 1400-6950.
PREFILED TESTIMONY
15.
Prefiled direct, rebuttal and surrebuttal testimony shall not be bound
into the record but shall be received as an exhibit to the record. Prefiled testimony not offered into the
record shall be considered withdrawn and the witness may not be cross-examined
concerning the withdrawn testimony.
Except for cause shown, all revisions or corrections to any prefiled
testimony shall be made in writing and served upon the Administrative Law Judge
and the parties no later than five days prior to commencement of the
evidentiary hearing.
ORDER OF TESTIMONY
16.
Testimony in the evidentiary hearing shall be offered in the following
order: City, Co-op, Department; and any other Intervenors in the order of their
intervention. Cross-examination of the
witnesses shall be conducted by the parties in the same order; provided,
however, that parties shall not cross-examine their own witnesses. Except for cause shown, any new affirmative
matter that is not offered in reply to another party's direct case shall not be
offered in rebuttal or surrebuttal testimony and exhibits.
17.
No later than five days prior to the commencement of the evidentiary
hearings herein, each party shall submit to the Administrative Law Judge, the
Commission and the other parties, a list of that party's witnesses and the
order in which those witnesses will appear, indicating, if necessary, any day
certain for testimony known to the party calling the witness. The final order of testimony will be as
established by the Administrative Law Judge.
EXAMINATION OF WITNESSES
18.
Parties shall examine and cross-examine witnesses through their
attorneys, if they are represented by counsel.
Any party not represented by counsel may examine and cross-examine each
witness through any one representative chosen by the party.
19.
Except for cause shown, objections by any party relating to the
qualifications of a witness or the admissibility of any portion of a witness's
prefiled testimony shall be considered waived unless the objecting party states
in writing its objection with particularity to the Administrative Law Judge and
serves a copy of such objections on the Commission and all other parties no
later than five days prior to commencement of the evidentiary hearings. If an objection is made by a party, the party
shall be permitted to lay further foundation for the objection through
cross-examination of the witness. Any
prefiled testimony which is not objected to shall be admitted during the
evidentiary hearings without the necessity of laying a foundation for the
testimony.
MISCELLANEOUS
20.
A final prehearing conference may be held on a date determined by the
Administrative Law Judge. The purpose of
this prehearing conference would be to mark exhibits to be offered at the
hearing, including exhibits to be offered upon cross-examination, and portions
of depositions to be introduced into the record. In the unusual case where the attorney for a
party believes that an exhibit should not be disclosed to the opposing parties
prior to oral examination, he or she may present a copy of the exhibit to the
Administrative Law Judge with a brief memorandum of explanation in support and
circulate copies of the exhibit to the other parties at the time of
cross-examination.
21.
Parties are encouraged to stipulate evidence not in dispute and to
narrow the scope of contested issues to the matters actually in dispute. All stipulations will be subject to public
testimony to be received, acceptance by the Administrative Law Judge, and
review by the Commission, which shall include the opportunity for the
Commission or its staff to examine any witness on the record irrespective of
the existence of a stipulation between the parties with respect to such
testimony.
22.
This Order is effective immediately and may be modified by the
Administrative Law Judge for cause.
Dated this _10th_ day of November, 2003
|
/s/ Allan W. Klein |
|
Allan W. Klein |
|
Administrative Law Judge |