BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSOURI

 

 

In the Matter of The Empire                     )

District Electric Company for Authority      )      File No. ER-2014-0351

To File Tariffs Increasing Rates for           )      Tracking No.: YE-2015-0074

Electric Service Provided to Customers     )

In the Company’s Missouri Service Area   )

                                                    

 

ORDER SETTING PROCEDURAL SCHEDULE

 

Issue Date:  October 28, 2014                              Effective Date:  October 28, 2014

 

The parties filed their Joint Proposed Procedural Schedule. The Commission will approve the proposed procedural schedule.

THE COMMISSION ORDERS THAT:

1.               The following procedural schedule is adopted:

  

 EVENT                                                                               DATE

 

Case Filed                                                                          August 29, 2014

 

Direct Testimony (Non-Empire

Parties, revenue requirement)                                              January 29, 2015

 

Data Request Response Time

Becomes 15 calendar days with 8 calendar days to object     January 30, 2015

Direct Testimony (Non-Empire parties,

class cost of service and rate design)                                   February 11, 2015

 

Local Public Hearings (subject to Commission Order)            February March, 2015

 

Preliminary Reconciliation (not to be filed to be

Provided to all parties)                                                         February 13, 2015

 

Technical Conference                                                          February 17 -19, 2015

 

Preliminary Issues List (not to be filed to be

Provided to all parties)                                                         March 3, 2015

 

Rebuttal Testimony (all parties)                                            March 9, 2015

 

Data Request Response Time

Becomes 5 business days with 3 business days to object      March 10, 2015

 

Empire to Provide True-up Information to all Parties              March 16, 2015

 

Surrebuttal Testimony (all parties)                                        March 24, 2015

 

List of Issues, Order of Witness, Order of

Cross Examination                                                              March 27, 2015

 

Statements of Position                                                         March 27, 2015**

 

Final Reconciliation (to be filed)                                            April 1, 2015

 

Evidentiary Hearings                                                            April 6 - 10, 2015

                                                                                             April 13 - 17, 2015

 

True-up Direct Testimony*                                                   April 30, 2015

 

True-up Rebuttal Testimony*                                               May 7, 2015

 

True-up Evidentiary Hearing                                                 May 13, 2015

 

Initial Post Hearing Brief (All parties)                                     May 15, 2015

 

Reply/True-up Briefs                                                            May 29, 2015

 

Operation of Law Date                                                         July 26, 2015

 

 

*No party shall revise or change that party’s methods or methodologies in true-up testimony.

 

** This date was changed to provide adequate opportunity for review by the Commission.

 

         

2.               An evidentiary hearing shall be held on April 6-10 and 13-17, 2015, beginning at 9:00 a.m. at the Commission’s office at the Governor Office Building, 200 Madison Street, Jefferson City, Missouri, Room 310. Should it be needed, the true-up evidentiary hearing shall be on May 13, 2015, at the same time and location. This building meets accessibility standards required by the Americans with Disabilities Act. If additional accommodations are needed to participate in this hearing, please call the Public Service Commission’s Hotline at 1-800-392-4211 (voice) or Relay Missouri at 711 prior to the hearing.

3.               All parties shall comply with the following discovery procedures:

(a) All parties must comply with the requirements of Commission Rule 4 CSR240-2.130 for prepared testimony, including the requirement that testimony be filed on line-numbered pages.

 

(b) Although not all parties may agree upon how each issue should be described or on whether a listed issue is in fact a proper issue in this case, the parties shall agree upon and 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 cross-examination for each witness.  The list of issues should be detailed enough to inform the Commission of each issue that must be resolved.  The Commission will view any issue not contained in this list of issues as uncontested and not requiring resolution by the Commission.

 

(c) Each party shall file a simple and concise statement summarizing its position on each disputed issue.

 

(d) 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 remaining unresolved issues that are to be decided by the Commission.

 

(e) If part of testimony or documents prefiled and served upon the parties before a hearing, a party need only provide a copy of the testimony or document to the court reporter for marking as an exhibit.  If not prefiled and served upon the parties, then a party who has a document marked for use at the hearing shall have sufficient copies of the document to provide a copy not only to the court reporter, but also to each of the Commissioners, the presiding officer, and counsel for each other party.

 

(f) All parties shall provide copies of testimony (including schedules), exhibits and pleadings to other counsel by electronic means and in electronic form essentially concurrently with the filing of such testimony, exhibits  or pleadings where the information is available in electronic format (.PDF, .DOC, .WPD,

.XLS, etc.).  Parties are not required to put information that does not exist in electronic format into electronic format for purposes of exchanging it.

 

(g) Documents filed in the Commission’s Electronic Filing and Information System (“EFIS) shall be considered properly served by serving the same on counsel of record for all other parties via e-mail

 

(h) Any data request issued to or by the Staff shall be submitted and responded to in EFIS.  However, if the technical limitations of EFIS make such submission or response difficult, the parties to the data requests may agree upon an alternative method of submission and response, or an alternative method of submission and response may be ordered by the Commission. 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.

 

(i) Subject to paragraph (h) above, counsel for each party shall receive electronically from each other party serving a data request, an electronic copy of the text of the descriptionof that data request contemporaneously with service of the data request. If a party desires the response to a data request that has been served on another party, the party desiring a copy of the response must request a copy of the response from the party answering the data request. 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 the other parties.  Counsel may designate other personnel to be added as contacts for data requests, but shall assume responsibility for compliance with any restrictions on confidentiality.  Data request responses shall be served on counsel for the requesting party, unless waived by counsel, 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.

 

(j)  Until direct testimony is filed on January 29, 2015, the response time for all data requests shall be twenty calendar days, with ten calendar days to object or notify the requesting party that more than twenty calendar days will be needed to provide the requested information. After January 29, 2015, until rebuttal testimony is filed on March 9, 2015, the response time for data requests shall be fifteen calendar days to provide the requested information and eight calendar days to object or notify the requesting party that more than fifteen calendar days will be needed to provide the requested information. After rebuttal testimony is filed on March 9, 2015, the response time for data requests shall be five business days to provide the requested information and three business days to object or to notify the requesting party that more than five business days will be needed to provide the requested information.  If a data request has been responded to, a party’s request for a copy of the response shall be timely responded to, considering that the underlying data request has already been responded to.

 

(k) Work papers prepared in the course of developing a witness’ testimony (including schedules) and exhibits shall not be filed with the Commission, but shall be submitted to each party within two (2) business days following the filing of the particular testimony, unless a party has indicated that it does not want to receive some or all of the workpapers. Workpapers containing highly confidential or proprietary information shall be appropriately marked.  If there are no workpapers associated with the testimony, the party’s attorney shall so notify the other parties within the time allowed for providing those workpapers.

 

(l) Where  workpapers  or  data  request  responses  include  models  or spreadsheets or similar information originally in a commonly available format where inputs or parameters may be changed to observe changes in inputs, if available  in  that  original  format,  the  party  providing  the  workpaper  or response shall provide this type of information in that original format with formulas intact.

 

4.               The Test Year shall run from May 2013 through April 2014, with an updated test year of August 31, 2014, and a true-up of December 31, 2014.

5.               This order shall become effective when issued.

 

                                                            BY THE COMMISSION

                                       

 

 

 

Morris L. Woodruff

                                                            Secretary

 

Kim S. Burton, Regulatory Law Judge,

by delegation of authority

pursuant to Section 386.240, RSMo 2000.

 

Dated at Jefferson City, Missouri,

on this 28th day of October, 2014.