At a session of the Public
Service Commission held at its office in Jefferson City on the 7th day of
November, 2012.
In the Matter of
the Application of Transource Missouri, )
L.L.C. for a
Certificate of Convenience and Necessity )
Authorizing it to
Construct, Finance, Own, Operate, ) File No. EA-2013-0098
and Maintain the Iatan-Nashua
and Sibley-Nebraska )
City Electric
Transmission Projects )
In the Matter of the Application of Kansas City Power & )
Light Company and KCP&L Greater Missouri Operations )
Company for Approval to Transfer Certain Transmission ) File
No. EO-2012-0367
Property to Transource Missouri, L.L.C. and for other )
Related Determinations )
Issue Date: November 7, 2012 Effective Date: November 7, 2012
On November 2, 2012, the parties jointly requested these matters be consolidated and proposed a procedural schedule. The Commission’s Staff also requested they be excused from filing a report that had been previously ordered on September 5, 2012. The Commission will consolidate these matters, adopt the proposed procedural schedule with modifications, and grant Staff’s request.
THE COMMISSION ORDERS THAT:
1.
File Numbers EA-2013-0098 and
EO-2012-0367 are consolidated. File
Number EA-2013-0098 shall be the lead case, and File Number EO-2012-0367 shall
be closed. All filings for these matters
shall be exclusively made in File Number EA-2013-0098.
2.
An evidentiary hearing is
scheduled for March 27-29, 2013, beginning at 8:30 a.m. The hearing will be held in Room 310 of
the Governor Office Building, 200 Madison Street, Jefferson City,
Missouri.
3.
Discovery conferences may be
requested at any time by contacting the Regulatory Law Judge and shall be
requested without delay if a dispute occurs.
If no discovery issues are raised
with the presiding officer within 5 business days of receiving a response or an
objection to a discovery request, then the parties shall be deemed to have
waived any claim or defense as to such response or objection. It is the parties’ counsel’s responsibility
to stay informed of all communications between its experts and any other parties’
experts in relation to responses to Data Requests or any other discovery
device.
4.
The Commission delegates its
authority to the Regulatory Law Judge to decide all discovery disputes.
5.
The last day to serve discovery
requests shall be Friday, March 15, 2013.
6.
All hearings and conferences set in this order
will be held in a building that meets accessibility standards required by the
Americans with Disabilities Act. Any
person requiring additional accommodations to participate in any hearing shall
call the Missouri Public Service Commission’s Hotline at 800‑392‑4211
(voice) or Relay Missouri at 711 before the hearing.
7. The
following procedural schedule is established:
Rebuttal
Testimony: Staff, OPC & MIEC - January 30, 2013
Surrebuttal
and Cross-Surrebuttal Testimony - March
1, 2013
Settlement
Conference (Conference Call) - March
12, 2013
Last
Day to Serve Discovery Requests - March
15, 2013
Issues List, Witnesses List, Order of
Witnesses, Order of Cross-Examination,
Order of Opening
Statements - March
19, 2013
Joint Stipulation of Non-Disputed
Material Facts - March
20, 2013
Position
Statements - March
21, 2013
Evidentiary Hearing - March 27-29, 2013
beginning at 8:30 a.m.
Transcript
Expedited - April 3, 2013
Post-Hearing
Briefs - May 1, 2013
Reply
Briefs - May 22, 2013
Proposed Findings of Fact and
Proposed Conclusions
of Law - May 24, 2013
8. The
parties shall comply with the following additional procedural requirements:
A.
Data Requests:
i.)
If a Data Request has been responded to, a copy of
such response shall be provided to another requesting Party, unless the
responding Party objects to providing the response to such requesting Party.
ii.)
If a Data Request has been responded to by
KCP&L, GMO, or Transource Missouri through KCP&L and GMO’s Caseworks
system, those companies will provide another requesting Party access to
Caseworks for their review.
iii.)
If a Data Request has not yet been responded to, a
copy of such response shall be provided to a requesting Party within the response
time set for such underlying Data Request, unless the responding Party objects
to providing the response to such requesting Party.
iv.)
If a Data Request has not yet been responded to by
KCP&L, GMO, or Transource Missouri, those companies will provide another
requesting Party access to Caseworks for their review when the response is
provided to the Party that issued the underlying Data Request.
v.)
Each Party serving a Data Request on another Party
shall provide an electronic copy of the text of the “description” of that Data
Request to counsel for all other Parties contemporaneously with service of the
Data Request.
vi.)
Regarding Staff-issued Data Requests, if the
description contains highly confidential or proprietary information, or is
voluminous, a hyperlink to the EFIS record of that Data Request shall be
considered a sufficient copy.
vii.)
Data Requests served after 5:00 p.m. shall be
considered served on the next business day.
viii.)
If a Party desires a copy of the response to a Data
Request that has been served on another Party, the Party desiring such copy
shall request a copy of the response from the responding Party. Thus, if a
Party desires a copy of a response by Transource Missouri to a Staff-issued
Data Request, the Party should ask Transource Missouri, not the Staff, for a
copy of the Data Request response unless there are appropriate reasons to
direct the discovery to the Party originally requesting the material.
ix.)
Data Requests, objections to Data Requests, and
notifications respecting the need for additional time to respond to Data
Requests shall be sent by e-mail to counsel for all Parties.
x.)
Counsel may designate other personnel to be added
to the service list for Data Requests, but shall assume responsibility for
compliance with any restrictions on confidentiality.
xi.)
Data Request responses shall be served on counsel
for the requesting Party and on the requesting Party’s employee or
representative who submitted the Data Request, and shall be served
electronically, if feasible and not voluminous as defined by Commission rule.
KCP&L, GMO, and Transource Missouri shall submit responses to Staff-issued
Data Requests in EFIS, if feasible.
xii.)
If submission of responses to Staff-issued Data
Request in EFIS is infeasible, then KCP&L, GMO, and Transource Missouri
shall submit to Staff responses in electronic format, on compact disc, or by other
means agreed to by Staff counsel.
xiii.)
Response Time to Data Requests Regarding and After
Direct Testimony Filing up to Rebuttal Testimony Filing: 10 calendar days to
object and advise of need for more than 20 calendar days response time.
xiv.)
Response Time to Data Requests Regarding and After
Rebuttal Testimony Filing up to Surrebuttal and Cross-Surrebuttal Testimony
Filing: 5 calendar days to object and advise of need for more than 10 calendar
days response time.
xv.)
Response Time to Data Requests Regarding and After
Surrebuttal and Cross-Surrebuttal Testimony Filing: 3 calendar days to object
and advise of need for more than 5 calendar days response time.
xvi.)
If either highly confidential or proprietary
information must be included in data request questions, the parties shall
follow Commission Rule 4 CSR 240-2.135 for properly designating such
information.
xvii.)
Staff Data Requests for File No. EA-2013-0098
and/or File No. EO-2012-0367 are being be submitted by Staff in EFIS only in
File No. EA-2013-0098. KCP&L, GMO, and Transource Missouri shall to treat
Staff Data Requests submitted in File No. EA-2013-0098 as submitted and
answered in both File No. EA-2013-0098 and File No. EO-2012-0367.
xviii.)
Where Data Request responses include models,
spreadsheets, or similar information originally in a commonly available format
where inputs or parameters may be changed to observe changes in inputs or
ouputs, the Party providing the responses shall provide such information in
original format with formulas intact, if available.
B. All parties shall
provide copies of testimony (including schedules), exhibits and pleadings to
other counsel by electronic means and in electronic form contemporaneously with
the filing of such testimony, exhibits or pleadings where the information is
available in electronic format. Parties
shall not be required to put information that does not exist in electronic
format into electronic format for purposes of exchanging it.
C. Workpapers:
i.)
Workpapers that were prepared in the course of
developing a witness’ rebuttal, surrebuttal, or cross-surrebuttal testimony
shall not be filed with the Commission, but, without request, shall be
submitted to each Party within two business days after the particular testimony
is filed.
ii.)
Workpapers, or a complete set of workpapers, need
not be submitted to a Party that has indicated it does not want to receive
workpapers, or a complete set of workpapers.
iii.)
If there are no workpapers associated with
testimony, the Party’s attorney shall so notify the other Parties within the
time allowed for providing workpapers.
iv.)
Workpapers containing highly confidential or
proprietary information shall be appropriately marked.
v.)
Where workpapers responses include models,
spreadsheets, or similar information originally in a commonly available format
where inputs or parameters may be changed to observe changes in inputs or
ouputs, the Party providing the workpapers shall provide such information in
original format with formulas intact, if available.
D. Documents filed in
EFIS are considered properly served by serving the same on counsel of record
for all other parties via e-mail contemporaneously with the EFIS filing.
E. Testimony shall be
prefiled as defined in Commission Rule 4 CSR 240‑2.130. All parties must comply with this rule,
including the requirement that testimony be filed on line‑numbered
pages.
F. The parties shall
agree upon, and Staff shall file, a list of the issues to be heard, the
witnesses to appear on each day of the hearing, the order in which they will be
called, and the order of party cross‑examination for each witness. The list of issues shall be stated with
particularity. If the parties are unable
to agree to an issues list, each party shall file a separate issues list.
G. Each party shall
file a simple and concise statement summarizing its position on each disputed
issue.
H. All pleadings,
briefs, and amendments shall be filed in accordance with Commission Rule 4 CSR
240‑2.080. Briefs shall follow the
same list of issues as filed in the case and must set forth and cite the proper
portions of the record concerning the unresolved issues that the parties
believe require decision by the Commission.
However, for purposes of this case, 4 CSR 240-2.080(11), with respect to
pleadings and briefs, is waived.
I. All parties shall
bring an adequate number of copies of exhibits that they intend to offer into
evidence at the hearing. If an exhibit
has not been prefiled, the party offering it must bring, in addition to the
copy for the court reporter, copies for the five Commissioners, the Presiding
Judge, and all counsel.
J.
The parties shall pre-number their hearing exhibits
sequentially with individual party designation as follows:
a.)
Transource Exhibit No. 1,
Transource Exhibit No. 2, etc.
b.) KCPL
Exhibit No. 1, KCPL Exhibit No. 2, KCPL Exhibit No., etc.
c.) GMO
Exhibit No. 1, GMO Exhibit No. 2, GMO Exhibit No. 3, etc.
d.) MIEC
Exhibit No. 1, MIEC Exhibit No. 2, MIEC Exhibit No. 3, etc.
e.) OPC
Exhibit No. 1, OPC Exhibit No. 2, OPC Exhibit No. 3, etc.
f.) Staff
Exhibit No. 1, Staff Exhibit No. 2, Staff Exhibit No. 3, etc.
K. Each party shall
prepare a comprehensive exhibit list before the evidentiary hearing with the
listed exhibits numbered sequentially as directed in paragraph J. Copies of the exhibit lists shall be provided
to the Commissioners, the Regulatory Law Judge and the Court Reporter at the
beginning of the hearing.
L. In the event that
the parties reach a settlement of all of the issues, such settlement shall not
be grounds for a continuance of the hearing unless the agreement is final, has
been submitted to the Commission in writing, and there are no objections to the
agreement.
9. The requirement that the Commission’s Staff
shall file a report and recommendation no later than November 5, 2012, as was
ordered on September 5, 2012, is canceled.
10. This
order shall become effective immediately upon issuance.
BY THE COMMISSION
(
S E A L )
Steven C. Reed
Secretary
Gunn, Chm., Jarrett, Kenney,
and Stoll, CC., concur.
Stearley,
Deputy Chief Regulatory Law Judge