Prehearing Order - Duquesne Light

BEFORE THEPENNSYLVANIA PUBLIC UTILITY COMMISSIONJUN 1 aiOiZPetition ofDuquesne Light Company P-20 12-230 1664PREHEARING ORDERDuquesne Light Company ("DLC") filed a Petition on April 27, 2012 seekingapproval from the Commission of its Default Service Plan ("DSP") for the period from June 1,2012 through May 31, 2015.On May 9, 2012, Dominion Retail, Inc., d/b/a Dominion Energy Solutions andInterstate Gas Supply, Inc. (collectively referred to as, "EGS Parties") filed a Petition toIntervene.On May 14, 2012, the Commission's Bureau of I{nvestigation and Enforcement("BIE") filed a Notice of Appearance. The Office of Consumer Advocate ("OCA") filed aNotice of Intervention on May 15, 2012, in addition to filing an Answer. The Office of SmallBusiness Advocate ("OSBA") filed a Notice of Intervention, Answer, Public Statement andNotice of Appearance on May 17, 2012.On May 15, 2012, the Office of Adniinistrative Law Judge issued a Noticescheduling the Initial Prehearing Conference for Friday, June 8, 2012 at 10:00 a.m. On May 16,2012, the presiding officer issued a Prehearing Conference Order notifying the parties of theobligation to file prehearing memoranda on or before June 4, 2012, which was also the last dayin which to file protests to the Petition.On June 8, 2012, the assigned Administrative Law Judge conducted a prehearingconference in Pittsburgh with the following parties represented: The court reporter and other

parties were present via telephone from Harrisburg and those parties represented by counselwere: Duquesne Light Company; Bureau of Investigations and Enforcement; Coalition forAffordable Utility Services and Energy Efficiency in PA; Citizen Power; ConstellationNewEnergy, Inc. and Exelon Generation Corp., LLC; Dominion Retail and Interstate GasSupply; Duquesne Industrial Intervenors; FirstEnergy Solutions Corp.; NextEra Energy ServicesPennsylvania, LLC; Noble Americas Energy Solutions, LLC; Office of Consumer Advocate;Office of Small Business Advocate; and Retail Energy Supply Association. At the prehearingconference, the parties considered issues raised by the Petition, discussed discovery provisionsand established a litigation schedule.The parties attending the prehearing conference agreed to a litigation schedulewith all due dates requiring service to be "in hand" by 4:00 p.m. The parties ftirther agreedelectronic or e-mail service will satis' the "in hand" requirement if done by 4:00 p rn. and if theservice is completed by service of a hard copy via first class mail. This prehearing ordermemorializes the matters discussed, decided and agreed to by the parties during the prehearingconference.THEREFORE,1. That the litigation schedule for this case shall be as follows:Prehearing conferenceDirect testimony of parties other than DuquesneRebuttal testimonySurrebuttal testimony (in writing)Hearings in PittsburghMain BriefsReply BriefsJune 8, 2012July 26, 2012August 24, 2012August 31, 2012September 13-14, 2012October 5, 2012October 22, 20122

2. That the hearings during the week of September 9, 2012 shall commenceat 9:00 a.ni. in the Conimission's hearing room at Piatt Place, 301 Fifth Avenue, Pittsburgh,Pennsylvania. Upon request, the witness for CAUSE-PA may appear by telephone for thepurpose of providing testimony or if made available for cross-examination.evidentiary hearing.3. That oral rejoinder outlines shall be due by noon of the day before the first4. That parties shall comply with the Commission's requirements for thepreparation and filing of written testimony and related exhibits are set forth in 52 Pa. Code§5.412.5. That best efforts shall be expended in order to respond to all discoveryrequests within ten days, with one exception: when the request is received on a Friday afternoon,the ten-day period will commence the following Monday. Objections to interrogatories shouldbe communicated orally within five days. Unresolved objections should be served on thepresiding officer within seven days of service of the interrogatories; service by attachment toc-mall will suffice.6. That the presiding officer will endeavor to rule on objections to discoveryin an expeditious manner, and may do so as part of an informal telephone conference. All partiesare urged to engage in informal discovery whenever possible. This Commission's procedures fordiscovery are set forth in 52 Pa. Code §5.32l et seq. The parties should not send discoverymaterial or cover letters to the presiding officer unless attached to a motion to compel. Allmotions to compel must contain a certification from counsel setting forth the informal steptaken to resolve the dispute.7. That responses to requests for document production, entry for inspectionor other purposes must be served in-hand within ten calendar days. Requests for admissions willbe presumed admitted unless answered within 20 calendar days or objected to within five3

calendar days. Answers to on-the-record data requests shall be served in-hand within three daysof the request.That for the purposes of this case, the discovery procedures, proposed bythe Office of Consumer Advocate and as modified by the parties, include the followingprovisions:a. Answers to written interrogatories shall be served viaelectronic mail delivery within ten calendar days of receipt provided that ifa document responsive to an interrogatory is too large to be attached to ane-mail, it shall be submitted to the parties in a CD or DVI) format;b. Oral objections shall be provided by objecting parties topropounding parties within five calendar days of receipt of interrogatories;C. Written objections shall be provided by objecting parties topropounding parties within seven calendar days of receipt of interrogatories;d. Motions to Dismiss Objections and/or Compel Answers toInterrogatories shall be filed within five calendar days of service of suchwritten objections.e. Answers to Dismiss Objections and/or Compel Answers toInterrogatories shall be filed within five calendar days of service of suchmotions;f. Should a party lodge a written objection, but alsoindicate some substantive response will be provided, the scope of theanticipated substantive response shall be described within the writtenobjection;g. Parties shall attempt to resolve discovery disputes beforeserving a motion to compel, and shall include in any motion to compel astatement of the efforts made to resolve the discovery dispute;h. The parties are reminded of their ability to make their owninformal agreements pertaining to discovery and discovery procedure inaccordance with Section 5.322 of the Commission's regulations, 52 Pa.Code §5.322;i. Responses to requests for production of documents shall beserved within ten calendars days of service. The objections process shallbe the same with requests for production of documents as it is withobjections to interrogatories, as set forth above;4

j. Requests for admissions will be deemed admitted unlessanswered within ten calendar days or objected to in writing within fivecalendar days of service.9. That in the event the parties reach a settlement, as encouraged by theCommission in 52 Pa. Code §5.231(a), the joint settlement petition should be served on thepresiding officer on or before the date set for filing reply briefs.10. That the parties should comply with the briefing requirements set forth in52 Pa. Code §5.501, and will provide two printed copies with one electronic copy of each brief ina fonnat compatible with Word. An attachment to e-mail is preferred. Any further necessaryprovisions will be discussed and determined on the final day of the hearings in this case.11. That the Petitions to Intervene filed by the following parties are herebygranted, pursuant to 52 Pa. Code §5.71 through §5.76:Dominion Retail, d!b/a Dominion Energy Solutions andInterstate Gas Supply, dlb/a Interstate EnergyNoble Americas Energy Solutions, LLCCitizen Power, Inc.FirstEnergy Solutions Corp.Retail Energy Supply AssociationConstellation NewEnergy, Inc. and Exelon Generation Corp.Duquesne Industrial IntervenorsCoalition for Affordable Utility Services & Energy Efficiency inPennsylvaniaNextEra Energy Services Pennsylvania, LLC andNextEra Energy Power Marketing, LLC5

12. That Brian R. Greene is hereby granted permission to appear Pro HacVice in this proceeding, as counsel for Retail Energy Supply Association, pursuant to the Motionfor Admission Pro Hac Vice filed by Victor P. Stabile, Esquire.13. That the Service List attached hereto shall be used for the remainder ofthis case for the service of discovery requests, objections thereto, motions, testimony, etc.Changes to the Service List shall be on Order of the Administrative Law Judge.14. That any provision of this Prehearing Order may be modified upon motionand good cause shown by any party.Date: June 11,20124tc7 40e--1'L'Catrina L. DunderdaleAdministrative Law Judge

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