OAH 3-2500-21343-2

PUC E-017/GR-10-239

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE PUBLIC UTILITIES COMMISSION

In the Matter of the Application of Otter Tail Power Company for Authority to Increase Electric Service Rates in Minnesota

ORDER EXTENDING TIME TO RESPOND TO OAG MOTION

On August 25, 2010, the Minnesota Office of the Attorney General, Residential Utilities Division (OAG/RUD) filed a Notice of Motion and Motion to Compel Compliance with Minn. Laws 2010, Ch. 328. The Notice of Motion advised that, pursuant to Minn. R. 1400.6600, parties wishing to contest the motion must file a written response within ten working days after receipt of the motion.

Ronald M. Giteck and William T. Stamets, Assistant Attorneys General, 445 Minnesota Street, Suite 900, St. Paul, MN 55101, appeared for the Minnesota Office of the Attorney General, Residential Utilities Division (OAG/RUD).

Based upon the record, and for the reasons provided in the attached Memorandum, the Administrative Law Judge makes the following:

ORDER

1. The OAG/RUD shall confer or attempt to confer with counsel for Otter Tail Power Company in an effort to secure the requested information or material, and shall file a written certification detailing its efforts to do so; and

2. Otter Tail Power Company’s written response to the OAG’s motion shall be filed within ten business days after the OAG files the above certification.

Dated: August 27, 2010

s/Kathleen D. Sheehy

_________________________

KATHLEEN D. SHEEHY Administrative Law Judge

MEMORANDUM

The OAG’s motion to compel compliance seeks the revision of, and supplementation of, schedules and testimony Otter Tail Power Company filed for the purpose of complying with the employee expense disclosure requirements recently enacted in Minn. Laws 2010, Ch. 328. The OAG acknowledges that Otter Tail Power is the first utility to attempt to comply with the requirements of the new statute.

It does not appear from the motion papers that the OAG has conferred, or attempted to confer, with counsel for Otter Tail Power in an effort to obtain the requested information and format modifications in advance of filing the motion. Under the circumstances, the parties should be required to confer in an effort to resolve these issues before Otter Tail Power is obligated to file a written response. This type of certification is standard under Minn. R. Civ. P. 37.01(b), and those procedures should be followed here to ensure the motion record is adequately developed.

K.D.S.