Mailing Address: Voice: (651) 361-7900
P.O. Box 64620 TTY: (651) 361-7878
November 4, 2008
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To
all individuals on the ALJ’s Service List |
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Re: In the Matter of the Application of Otter
Tail Power Company and Others for Certification
of Transmission Facilities in Western Minnesota; OAH Docket No.
12-2500-17037-2;
PUC Docket No. CN-05-619
Dear
Parties:
In
response to the several emails over the last few days, I have made the
following determinations.
1. MISO can respond in writing, by email, to
Joint Intervenor’s Objection to the Testimony of Eric Laverty. Please do so by the end of the day November
6. I realize that that will make it a
motion to strike.
2. The Department’s letter of October 28
indicates that my Fifth Prehearing Order contemplates allowing Dr. Rakow to
make a brief statement at the hearing.
We did not discuss that in the prehearing conference, but I wrote the
Order so as to allow only witnesses who prefile rebuttal to make a
statement. I believe that is fair. He does not have to call it rebuttal, but I
will require that Dr. Rakow file at least a brief statement of his views by
November 6, so that the parties can prepare.
Then he can testify at the hearing.
The same is required of any other witness.
3. Ms. Cochran has informed us that the
Boston Pacific consultants wish to appear together for their
cross-examination. I believe that this arrangement
can work, although it can be awkward and difficult for questioners and
listeners, particularly if there is a great deal of overlap on every issue. I would like the parties to advise us by
email of any concerns and suggestions they may have on this procedure. We can then discuss it in a telephone
conference on Friday at 10:00 am central time.
I will advise you of the call-in numbers by tomorrow.
Sincerely,
/s/
Steve M. Mihalchick
STEVE
M. MIHALCHICK
Administrative
Law Judge