BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF
Michael Lehman, )
)
Complainant )
)
v. ) File No. EC-2013-0386
)
KCP&L Greater Missouri Operations
Company )
P.O. Box 418679 )
One Kansas City Place, 1200 Main
Street )
Kansas City, MO 64105,
)
CERTIFIED MAIL )
)
Respondent )
NOTICE OF CONTESTED CASE AND
ORDERS FOR SMALL FORMAL COMPLAINT
Issue Date: February 6, 2013 Effective
Date: February 6, 2013
The Commission is giving notice of a
contested case and making orders under small formal complaint procedure.
A.
Contested Case
On February 6, 2013, the complainant
filed the complaint. A copy of the complaint is attached, omitting any highly
confidential information. Any highly confidential information is accessible to
the respondent through the Commission’s Electronic Filing and Information
System.
The filing of a complaint requires the
Commission to set a hearing.[1] The requirement of a hearing on such
issues signifies a contested case.[2] A contested case is a formal hearing
procedure, including discovery, for which the provisions are set forth at
Commission Regulation 4 CSR 240-2.090. But contested case procedure allows for
waiver of procedural formalities and a decision without an evidentiary hearing,
including by stipulation and agreement.[3]
Also, as an alternative to the formal
evidentiary hearing procedure, the Commission offers mediation. Mediation is a
voluntary process in which a neutral person assists the parties in exploring
opportunities for settlement. Upon a request for mediation, the Commission may
suspend the schedule set forth in this order.
B.
Small Formal Complaint
For any formal complaint, the
Commission’s regulations provide:
Upon the filing of a complaint in compliance with these
rules, the secretary of the commission shall serve by certified mail, postage
prepaid, a copy of the complaint upon the person, corporation or public utility
against whom the complaint has been filed, which shall be accompanied by a
notice that the matter complained of be satisfied or that the complaint be
answered by the respondent, unless otherwise ordered, within thirty (30) days
of the date of the notice. [[4]]
Also, the
complaint alleges facts to which the Commission applies small formal complaint procedure,[5] for which the Commission’s
regulations provide:
When a complaint is filed that
qualifies for handling as a small formal complaint, the assigned regulatory law
judge shall direct the secretary of the commission to serve, by certified mail,
postage prepaid, a copy of the complaint upon the [respondent]. At the same
time, the regulatory law judge shall notify all parties that the complaint will
proceed under the small formal complaint process. The [respondent] is allowed
thirty (30) days after the date of notice to satisfy the complaint or file an
answer [.[6]]
In
addition, the Commission’s regulation for small formal complaints requires:
The commission's staff shall, within
forty-five (45) days after the complaint is filed, investigate the complaint
and file a report detailing staff's findings and recommendations. [[7]]
The
Commission will proceed under the small formal complaint process.
The Commission orders that:
1.
The
complaint shall proceed under the small formal complaint process.
2.
The
secretary of the commission shall serve a copy of the complaint upon the
respondent, by certified mail, postage prepaid.
3.
The
respondent shall file an answer no later than March 8, 2013.
4.
The
commission's staff shall investigate the complaint and file a report detailing
staff's findings and recommendations no later than March 25, 2013.
5.
This order is effective immediately upon issuance.
BY
THE COMMISSION
Shelley Brueggemann
Acting
Secretary
( S E A L )
Daniel Jordan, Senior Regulatory Law
Judge,
by delegation of authority pursuant
to Section 386.240, RSMo 2000.
Dated at
on this 6th day of February, 2013.