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15-2500-15578-2 E-221,148/SA-03-989 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE PUBLIC UTILITIES COMMISSION
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PREHEARING
ORDER |
A
prehearing conference was held before Beverly Jones Heydinger, Administrative
Law Judge, on November 14, 2003 at the Public Utilities Commission,
Andrew J. Shea and Kaela M. Brennan, Attorneys at Law, McGrann Shea
Anderson Carnival Straughn & Lamb, Chtd. 900 Nicollet Mall,
Discussion was held among the parties. Having considered all of the comments, the Administrative Law Judge makes the following Prehearing Order.
The Department of Commerce (Department) filed a Notice of Appearance. The Department has the right to intervene pursuant to Minn. Stat. § 216A.07, subd. 3, and accordingly, is a party to this matter. The final date for intervention by additional parties shall be December 1, 2003.
Counsel have agreed to the following discovery schedule:
Discovery requests: Monday, December 8, 2003;
Discovery responses: Thursday, January 8, 2004.
The Department may need limited discovery following the submission of prefiled direct testimony. In the event that any requests from the Department affect the parties’ ability to prepare for the scheduled hearing, any party may request a prehearing conference to determine if a schedule adjustment is necessary.
Direct testimony shall be filed by Monday, February 9, 2004. Rebuttal testimony shall be filed by March 1, 2004. Surrebuttal testimony shall be filed by Monday, March 15, 2004. For the purposes of analysis, the parties have agreed that cost figures shall be based on Calendar Year 2002.
A prehearing conference will be held by telephone on March 23, 2004 at 10:00 a.m. The Administrative Law Judge will initiate the call. Prior to the prehearing conference, the parties shall exchange a list of proposed witnesses and documents to be introduced into evidence at the hearing, and file a copy of the lists with the judge. The purpose of the prehearing conference will be to establish the order of witnesses, agree on the numbering of the exhibits, and address any evidentiary questions, including the foundation for proposed exhibits, that may have been identified.
Any party objecting to the foundation for any
written exhibit received under Section III above, must notify both the offering
party and the judge in writing at least two working days before the haring or
the foundation objection is waived.
The evidentiary hearing will begin on Tuesday, March
30, 2004 at 9:30 a.m. in
All documents, excluding information requests and responses, if any, shall be filed as follows:
A. The original and one copy shall be filed with the Administrative Law Judge.
B. One copy shall be served on each counsel of record.
C. Fifteen copies shall be filed with the Commission.
A service list is attached hereto as Exhibit A and made a part hereof. Service and filing of documents is governed by Minn. R. 1400.5550. Service may be made electronically on a party with the consent of that party. The parties are not required to serve copies of discovery requests or responses with the Administrative Law Judge or the Commission.
Persons filing documents containing trade secret information must comply with Minn. R. 7829.0500, and may seek a protective order.
The court reporter shall receive copies of any correspondence or pleadings that address the schedule in this matter.
No person has requested accommodation for a disability or appointment of an interpreter. The Office of Administrative Hearings shall be notified promptly if either an accommodation or interpreter is needed.
Dated this _19th_ of November, 2003.
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/s/ Beverly Jones Heydinger |
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BEVERLY JONES HEYDINGER |
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Administrative Law Judge |
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