In the Matter of the Joint Application of
Entergy Arkansas, )
Inc., Mid South TransCo
LLC, Transmission Company )
Arkansas, LLC and ITC Midsouth LLC for
Approval of )
Transfer of Assets and Certificate of
Convenience and ) File No. EO-2013-0396
Necessity, and Merger and, in connection
therewith, )
Certain Other Related Transactions )
In the Matter of
Entergy Arkansas, Inc.’s Notification of )
Intent to Change
Functional Control of Its Missouri Electric )
Transmission
Facilities to the Midwest Independent ) File No. EO-2013-0431
Transmission
System Operator Inc. Regional Transmission )
System
Organization or Alternative Request to Change )
Functional Control
and Motions for Waiver and Expedited )
Treatment )
Issue Date: April 18, 2013 Effective Date: April 18, 2013
On February 14, 2013, Entergy Arkansas, Inc. (“EAI”), Mid South TransCo LLC (Mid South TransCo”), Transmission Company Arkansas, LLC (“TC Arkansas”) and ITC Midsouth LLC (“ITC Midsouth”) (“Joint Applicants”), filed a Joint Application. Entergy Corporation (“Entergy”) wishes to transfer EAI’s transmission assets to a subsidiary of ITC Holdings Corp.; namely, TC Arkansas. The Joint Applicants, however, do so with the position that the Commission does not have jurisdiction over this transaction.[1] The Commission has allowed Empire District Electric Company (“Empire”), the Missouri Joint Municipal Electric Utility Commission (“MJMEUC”), Kansas City Power & Light Company (“KCP&L), and KCP&L Greater Missouri Operations Company (“GMO”) to intervene in File No. EO-2013-0396.
On March 21, 2013, in File No. EO-2013-0431, EAI filed a notice with the Commission in which it stated that it plans to join the Midwest Independent Transmission System Operator, Inc. (“MISO”). Once again, EAI claims the Commission has no jurisdiction over its move to MISO. Empire, MJMEUC, KCP&L and GMO have all asked to intervene. No party has objected to those requests.
Commission Rule 4 CSR 240-2.075(4) allows the Commission to grant
intervention to a person who has an interest different from that of the general
public and which may be adversely affected by a final order arising from the
case, or if granting intervention would serve the public interest. Upon review of the unopposed applications,
the Commission finds that each of the applicants meets the standard in
Commission Rule 4 CSR 240‑2.075(4).
Therefore, the Commission will grant each of the unopposed applications
to intervene in File No. EO-2013-0431.
On April 8, 2013, the parties filed competing proposed procedural schedules in File No. EO-2013-0396. The Commission will set a procedural schedule as follows, not only for File No. EO-2013-0396 but also for File No. EO-2013-0431.
THE COMMISSION ORDERS THAT:
1. The following schedule is set:
Joint Applicant Direct Testimony April 25, 2013
Rebuttal Testimony May 24, 2013
Surrebuttal Testimony June 5, 2013
Position Statements, List of Issues,
Order of Cross-Examination,
Order of Opening Statements and
Position Statements June 10, 2013
Initial Briefs July 12, 2013
Reply Briefs August 2, 2013
2. An evidentiary hearing shall be held on June 18-19, 2013, beginning at 8:30 a.m. each day, in Room 310 of the Governor Office Building, 200 Madison Street, Jefferson City, Missouri. That room is in a building that meets accessibility standards required by the Americans with Disabilities Act. Any person who needs additional accommodations to participate shall call the Public Service Commission’s Hotline at 1‑800-392-4211 (voice) or Relay Missouri at 711 before the hearing.
3. This order shall become effective immediately upon issuance.
BY THE COMMISSION
Joshua Harden
Secretary
Ronald D. Pridgin, Senior Regulatory
Law Judge, by delegation of authority
pursuant to Section 386.240, RSMo 2000.
Dated at
on this 18th day of April, 2013.