SPILMAN THOMAS & BATTLE,,,,,

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1 SPILMAN THOMAS & BATTLE,,,,, VIA HAND DELIVERY Ms. Sandra Squire Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia Re: Case No GT-C Energy Development Corporation V. Cabot Oil & Gas Corporation, Cranberry Pipeline Corporation, Big Sandy Gas Company and Big Creek Pipeline Limited Liability Company Dear Ms. Squire: Enclosed for filing on behalf of Cabot Oil & Gas Corporation, Cranberry Pipeline Corporation, Big Sandy Gas Company and Big Creek Pipeline Limited Liability Company in the above-referenced proceeding are an original and twelve copies of the JOINT MOTION TO DISMISS CASE, WITH PREJUDICE, AND JOINT MOTION TO VACATE RECOMMENDED DECISION AND REQUEST FOR EXPEDITED TREATMENT. If you have any questions regarding this filing, please do not hesitate to contact me. LFF/j mc: Enclosures cc: Counsel of Record Lee F. Feinberg (WV State Bar # 1173 u Spilman Center I 300 Kanawha Boulevard, East Post Office Box 273 Charleston, WestVirginia I 304, fax West Virginia North Carolina Pennsylvania Virginia

2 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO GT-C ENERGY DEVELOPMENT CORPORATION, 534 Virginia Avenue, Suite 20 1 Bluefield, Virginia 24605, Complainant, V. CABOT OIL & GAS CORPORATION, P.O. Box 4544 Houston, Texas and CRANBERRY PIPELINE CORPORATION, P.O. Box 4544 Houston, Texas and BIG SANDY GAS COMPANY, 900 Lee Street, East Huntington Square, Suite 1500 Charleston, West Virginia and BIG CREEK PIPELINE LIMITED LIABILITY COMPANY 1700 North Highland Road Suite 100 Pittsburgh, Pennsylvania 15241, Defendants. c2 P 3 4 JOINT MOTION TO DISMISS CASE, WITH PREJUDICE, AND JOINT MOTION TO VACATE RECOMMENDED DECISION AND REQUEST FOR EXPEDITED TREATMENT Pursuant to Rule 9.1 of the Public Service Commission of West Virginia s ( Commission ) Rules of Practice and Procedure, Energy Development Corporation ( EDC ), Cabot Oil & Gas Corporation ( COGC ), Cranberry Pipeline Corporation ( Cranberry ), Big Sandy Gas Company ( Big Sandy ), Big Creek Pipeline Limited Liability Company ( BCPLLC ), the Consumer Advocate Division of the Public Service Commission of West { R }

3 I_ Virginia ( CAD ), the Staff of the Public Service Commission of West Virginia ( Commission Staff ), the Independent Oil and Gas Association of West Virginia ( IOGA ), and the West Virginia Oil and Natural Gas Association ( WVONGA ) (collectively, the Movants ) hereby file this Joint Motion to: (1) dismiss, with prejudice, the above-referenced case (the Case ); and (2) vacate the Presiding Judge s Recommended Decision - Jurisdiction issued on September 7, 2005 (the September 7fh Decision ), which decision held that the Big Creek Pipeline is an intrastate pipeline. The Parties further request that the Commission state in any order that by agreeing to vacate the September 7fh Decision, none of the Parties or the Commission, itself, will be deemed to have approved, accepted, agreed, or consented to any individual principle or issue raised in this proceeding that would bar such party from raising or challenging any such principle or issue in any future proceeding before the Commission, unless otherwise set forth in any separate written agreement to the contrary. Finally, the Parties respectfully request that the Commission address and grant this Joint Motion on an expedited basis. In support of this Joint Motion, the Defendants respectively state as follows: I. Background This case concerns the Complaint filed by EDC alleging the Defendants have violated the Commission s regulations insofar as: (1) EDC was wrongfully denied access to the Big Creek Pipeline, a private gathering line; and (2) Cranberry failed to timely respond to a request for transportation service submitted by Allegheny Power ( AP ). On September 7, 2005, the Judge issued her September 7th Decision, * that the Big Creek Pipeline was an intrastate pipeline pursuant to Section 24.-: <- b -- -I **_ il i i-q &7 p3 e- c,@- b a, -- I

4 Virginia Code, and as defined by Rule of the Commission s Rules Governing the Transportation of Natural Gas (the Rules ). By order issued September 22, 2005, the Commission stayed the procedural schedule established by the Presiding Judge on September 8, 2005, pending the Commission addressing exceptions to the September 7th Decision. The Commission also extended the deadlines by which parties could file exceptions and replies to exceptions. On September 30, 2005, the Defendants, IOGA, and WVONGA filed their respective Exceptions to the September 7th Order. Since then, these Exceptions have been pending before the Commission. Replies were filed by the CAD, Commission Staff, and EDC. In an effort to resolve the issues raised by this case, EDC and the above Defendants have been engaged in settlement discussions. As a result of these discussions, EDC and the Defendants have reached a settlement of all of the issues raised by EDC in this case. As part of this settlement, EDC has agreed to file a motion with the Commission to dismiss, with prejudice, EDC s Complaint. As well, the Parties have further agreed to file a joint motion with the Commission requesting that the Commission vacate the September 7th Decision. The Parties agreement to file a joint motion to vacate the September 7fh Decision is conditioned on their mutual agreement and understanding that, unless otherwise set forth in any separate written agreement to the contrary, none of the Parties or the Commission itself will be deemed to have approved, accepted, agreed, or consented to any individual principle or issue raised in this proceeding that would bar such party from raising or challenging any such principle or issue in any future proceeding before the Commission. 3

5 11. Joint Motion In light of the foregoing, the Parties respectfully file the instant Joint Motion, requesting that the Commission issue an order: (1) dismissing, with prejudice, the above-referenced case (the Case ); and (2) vacating the September 7th Decision. The Parties further request that the Commission state in any order that by agreeing to vacate the September 7fh Decision, none of the Parties or the Commission, itself, will be deemed to have approved, accepted, agreed, or consented to any individual principle or issue raised in this proceeding that would bar such party from raising or challenging any such principle or issue in any future proceeding before the Commission, unless otherwise set forth in any separate written agreement to the contrary. The Parties submit that the granting of this Joint Motion is in the public interest because it fully resolves the above-styled Case, eliminates the need for further litigation between the Parties, and, accordingly, relieves all of the Parties and the Commission, itself, from the burdens and costs of further litigation in this Case. Dismissing this Case and vacating the September 7fh Decision will not prejudice any other party, nor will it establish precedent that is binding on the Commission, or any other party (with the exception of EDC by virtue of the Commission s dismissal, with prejudice, of the above-styled case) Joint Motion for Expedited Action The Parties further respectfully request that the Commission address this Joint Motion on an expedited basis. As set forth above, this Joint Motion is supported by all of the Parties, is in the public interest, and it resolves a Case that has been pending before the Commission for over three years. Until the Commission issues an order dismissing this Case and vacating the 4

6 September 7th Order, EDC and the Defendants cannot, by its express terms and conditions, finalize their settlement agreement. Accordingly, until the Commission issues an order on this Joint Motion, the final disposition of this Case and the overall settlement of this matter will remain uncertain. IV. Conclusion WHEREFORE, the Parties respectfully file this Joint Motion and request that the Commission expeditiously issue an order: (1) dismissing, with prejudice, the above-referenced Case; and (2) vacating the September 7fh Decision Respectfully submitted, CABOT OIL & GAS CORPORATION CRANBERRY PIPELINE COWORATION BIG SANDY GAS COMPANY BIG CREEK PIPELINE LIMITED LIABILITY COMPANY U Lee F. Feinberg (WV State Bar # 1173) Spilman Thomas & Battle, PLLC 300 Kanawha Blvd., East (304) Matthew M. Schreck Corbett & Schreck, P.C Katy Freeway Suite 420 Houston, Texas (71 3) Attorneys for Cabot Oil & Gas Corporation, Cranberry Pipeline Corporation, Big Sandy Gas Company, and Big Creek Pipeline Limited Liability Company 5

7 Lisa A. Machesney Cabot Oil & Gas Corporation Vice President, Managing Counsel, and Corporate Secretary 1200 Enclave Parkway Houston, Texas (281) ENERGY DEVELOPMENT CORPORATION V State Bar #I 252) MTrapano, Barrett & DiPiero, PLLC 604 Virginia Street, East STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA Cassius Toon Staff Attorney (WV State Bar # 3781) 201 Brooks Street P. 0. Box 812 Charleston, WV (304) ctoon@psc.state.wv.us 6

8 Lisa A. Machesney Cabot Oil & Gas Corporation Vice President, Managing Counsel, and Corporate Secretary 1200 Enclave Parkway Houston, Texas (281) ENERGY DEVELOPMENT CORPORATION Joshua I. Barrett, Esquire (WV State Bar # 252) DiTrapano, Barrett & DiPiero, PLLC 604 Virginia Street, East STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA Cassius Toon Staff Attorney (WV State Bar # 3781) 201 Brooks Street P. 0. Box 812 Charleston, WV (304) ctoon@psc.state.wv.us 6

9 CONSUMER ADVOCATE DIVISION OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA (WV State Bar #. 3229) Deputy Consumer Advocate 723 Kanawha Blvd. East, Suite 700 (304) state.wv.us INDEPENDENT OIL AND GAS ASSOCIATION OF WEST VIRGINIA, INC. George A. Patterson 111, Esq. (WV State Bar #2831) Bowles Rice McDavid Graff & Love P. 0. Box 1386 Charleston, WV (304) WEST VIRGINIA OIL AND NATURAL GAS ASSOCIATION A. George Mason, Jr. (WV State Bar #9549) A. George Mason, Jr., PSC 841 Corporate Drive, Suite 203 Lexington, KY

10 CONSUMER ADVOCATE DIVISION OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA David A. Sade (WV State Bar #. 3229) Deputy Consumer Advocate 723 Kanawha Blvd. East, Suite 700 (304) INDEPENDENT OIL AND GAS ASSOCIATION OF WEST VIRGINIA, INC. (WV Stavar #2831) Bowles Rice McDavid Graff & Love P. 0. Box 1386 Charleston, WV (304) WEST VIRGINIA OIL AND NATURAL GAS ASSOCIATION A. George Mason, Jr. (WV State Bar #9549) A. George Mason, Jr., PSC 84 1 Corporate Drive, Suite 203 Lexington, KY

11 184? : 52 N0.516 QBB8 CONSUMER ADVOCATE DIVISION OF IRE PUBLIC SERVICE COMMISSION OF WEST VRGNA By Cowel. David A, Sade (WV State Bar #. 3229) Deputy Consumer Advocate 723 &mawha Blvd, East, Suite 700 (304) tsade@cad.state.wv.us INDEPENDENT OIL AND GAS ASSOCWTION OF WEST VIRGINIA, INC. George A. Patterson UT, Esq. (WV State Bar 82831) Bowles Rice McDavid Gaff & Love P. 0, Box 1386 Charleston, WV (304) s gpa#erson@bowlesnice.com A. George Mason, Jr., PSC 841 Corporate Drive, Suite 203 Lexington, KY

12 CERTIFICATE OF SERVICE I, Lee F. Feinberg, Counsel for Cabot Oil & Gas Corporation, Cranberry Pipeline Corporation, Big Sandy Gas Company and Big Creek Pipeline Limited Liability Company do hereby certify that on this 30th day of October, 2008, the JOINT MOTION TO DISMISS CASE, WITH PREJUDICE, AND JOINT MOTION TO VACATE RECOMMENDED DECISION AND REQUEST FOR EXPEDITED TREATMENT was served by United States mail, first class, postage prepaid upon the following: Cassius H. Toon, Esquire Staff Attorney Public Service Commission of West Virginia 201 Brooks Street David A. Sade, Esquire Consumer Advocate Division 700 Union Building 723 Kanawha Boulevard, East George A. Patterson, 111, Esquire Bowles, Rice, McDavid, Graff & Love, PLLC 600 Quarrier Street Matthew M. Schreck, Esquire Corbett & Schreck, P.C Katy Freeway, Suite 420 Houston, TX A. George Mason, Esquire 84 1 Corporate Drive Suite 203 Lexington, KY Joshua I. Barrett, Esquire DiTrapano, Barrett & DiPiero, PLLC 604 Virginia Street, East Lisa A. Machesney, Esquire Vice President, Managing Counsel and Corporate Secretary Cabot Oil & Gas 1200 Enclave Parkway Houston, TX &YLL Lee F. Feinberg (WV S e a r # 1173)