Summary:
The telephone conference was initially scheduled at the request of the Applicant to review the number of witnesses that the parties intend to call at hearing and determine whether additional hearing dates should be scheduled. Subsequent to scheduling the conference, the Department revised its schedule for completing the Draft EIS on this project and holding the public meeting to accept comment on the draft. In light of the schedule change, the Midtown Greenway Coalition requested an adjustment to the schedule set in the Prehearing Order, dated August 11, 2009.
Discussion was held among the participants concerning the number of possible witnesses, the proposed schedule, including release of the Draft EIS, separation of the public hearing and evidentiary hearing, the deadline for intervention and filing testimony, and scheduling another telephone conference.
At this time, the Department projects that the Draft EIS will be completed by January 8, 2010, and that the public hearing to comment on the Draft EIS will be held no later than the first week of February.
All of the parties participating in the telephone conference concurred in the revised schedule, including the Applicant, which acknowledged that the revisions would delay the Public Utilities Commission’s decision beyond May 2010.
Based on the discussion, the Administrative Law Judge makes the following changes to the Prehearing Order.
IT IS HEREBY ORDERED:
1. Any person who wishes to intervene in this proceeding must file a written petition to intervene with the Administrative Law Judge no later than January 20, 2010, as set forth in Minn. R. 1400.6200. A Notice of Appearance shall be filed with the Petition. Any objection to a petition to intervene shall be filed within seven days of receipt of the petition, but no later than January 27, 2010. The petition and any objection shall be served upon all parties, pursuant to the E-service list in effect at the time of the petition.
2. The following schedule for prefiling testimony is adopted:
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Direct Testimony |
February 18, 2010 |
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Rebuttal Testimony Surrebuttal Testimony List of Proposed Exhibits and Witnesses |
March 15, 2010 March 26, 2010 April 2, 2010 |
3. Public hearings with be held in Minneapolis, Minnesota, on April 5 and April 6, 2010, at 2:00 p.m. and 7:00 p.m., at a location to be arranged by the Applicants in consultation with the Commission staff and the Administrative Law Judge.
4. The parties shall convene on April 5, 2010, at 11:00 a.m., at the location for the public hearings, to mark and introduce into evidence the prefiled testimony and accompanying attachments.
5. The evidentiary hearing shall commence on April 12, 2010, at 9:30 a.m., at the Public Utilities Commission, and shall continue on April 13 through 21, 2010, as necessary to complete the presentation of the evidence.
6. Public Comments may also be submitted in writing to the Administrative Law Judge and must be received by 4:30 p.m. on April 28, 2010.
Order of Testimony
7.
Unless the parties agree otherwise, the order of
testimony shall be: the Applicant,
Midtown Greenway Coalition, City of
Prefiled Testimony
8. Each of the parties shall file Direct Testimony addressing its preferred route.
Objections to Prefiled Testimony
9. Except for good cause shown, objections by any party relative 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 its objection by motion made to the Administrative Law Judge, and serves a copy of such objections on the parties, no later than April 5, 2010.
Telephone Conference
10. A telephone conference will be held with the parties on January 28, 2010, at 2:30 p.m., to review the schedule and address other prehearing issues. All parties are expected to participate or to notify the Administrative Law Judge in advance that they are unable to do so. To participate, call XXXXXXXXX, and enter passcode XXXXXXXXX.
11. Except as expressly amended by this Order, the Prehearing Order, issued on August 11, 2009, remains in effect.
Dated this 7th day of December, 2009.
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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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Mailing
Address: Voice: (651) 361-7900
P.O. Box 64620 TTY: (651) 361-7878
December 7, 2009
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To All Parties on the E-Docket Service List |
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Re: In the Matter of the
Application for a Route Permit for the Hiawatha Transmission Project; OAH No. 15-2500-20599-2
PUC No.
E-002/TL-09-38
Dear
Parties:
The document listed below has been filed with the E-Docket system and served as specified on the E-Docket service list, and served by email.
Revised Scheduling Order
Sincerely,
s/Beverly
Jones Heydinger
BEVERLY
JONES HEYDINGER
Administrative
Law Judge
Telephone:
(651) 361-7838
BJH:nh
Enclosure