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OAH 15-2500-20599-2 PUC No. E-002/TL-09-38 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE PUBLIC UTILITIES COMMISSION
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In the Matter of the Application for a |
ORDER GRANTING INTERVENTION TO PRIMARY
SURGICAL, INC. D/B/A ZIMMER |
On
March 11, 2010, Primary Surgical, Inc. d/b/a Zimmer Davis (Zimmer Davis) filed
a Petition for Late Intervention in this proceeding pursuant to Minn. R.
1400.6200. In support of its petition, Zimmer
Davis stated that it is an orthopedic implant sales and distribution business
that owns a regional sales and distribution facility at
Pursuant to the December 4, 2009, Revised Scheduling Order, the deadline to file a petition to intervene was January 20, 2010. It also stated that any late requests to intervene should be accompanied by an affidavit explaining why the petition could not be filed by the deadline to intervene. In support of its late petition, Zimmer Davis filed the affidavit of Tom Davis, which states that, in its Application, the Applicant had identified the Zimmer Davis property as a possible site for future substation expansion. However, the proposed expansion was prospective only and no authority to place a substation on the Zimmer Davis site was requested in this proceeding. On February 18, 2010, the Applicant prefiled the testimony of RaeLynn Asah, which stated that the Applicant now considers the Zimmer Davis property to be a preferred site for the Hiawatha Substation. As a result, for the first time, Zimmer Davis’s interests in preserving its property interests and place of business were brought within the scope of this proceeding. Upon receipt of that information, Zimmer Davis acted promptly to file its petition and prepare testimony in support of its position.
Zimmer Davis asserts that, because of its investment and the importance of the property to its business operation, it has an interest in protecting its rights in this proceeding, and that those interests will not be adequately represented by any of the other parties and differ from the interests of the public at large. Also, Zimmer Davis contends that Ms. Asah’s testimony contains factual inaccuracies concerning the Zimmer Davis property.
Zimmer Davis also takes the position that late intervention will not disadvantage any of the other parties to this proceeding. It has prepared the direct testimony of its witness, Tom Davis, in advance of the March 15, 2010, deadline to file rebuttal testimony, and its direct testimony is limited to six pages.
On March 12, 2010, the Applicant filed notice that it does not object to Zimmer Davis’s petition. The deadline for any party to object to the petition is seven days from the filing of the petition, March 18, 2010. However, no objections have been made to any of the previously filed petitions to intervene.
The other parties to this proceeding are the Office of Energy Security, Midtown
Greenway Coalition, City of
ORDER
IT IS HEREBY ORDERED:
1. The Petition for Late Intervention of Zimmer Davis is GRANTED. It shall be subject to the provisions of the Prehearing Order issued on August 11, 2009, the Revised Scheduling Order issued on December 7, 2009, and the Second Prehearing Order and Schedule Revisions issued on February 1, 2010.
2. Zimmer Davis’s representative shall be added to the OAH Service List.
3. The prefiled testimony of Tom Davis is accepted. The deadline for any party to file rebuttal to Mr. Davis’s testimony is March 26, 2010. If any rebuttal is filed, Zimmer Davis shall have three business days to reply.
4. This Order is subject to reconsideration in the event that any party to the proceeding files an objection to Zimmer Davis’s Petition for Late Intervention by March 18, 2010.
Dated: March 15, 2010 s/Beverly Jones Heydinger
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BEVERLY JONES HEYDINGER Administrative Law Judge |