2 BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

Transcription

1 1 1 STATE OF MICHIGAN 2 BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION 3 In the matter of the application of DTE Electric Company for Case No. U a reconciliation of its power supply cost recovery plan Volume No. 1 5 (Case No. U-18143) for the 12 months ended December 31, / 7 PREHEARING 8 Proceedings held in the above-entitled matter 9 before Sharon L. Feldman, J.D., Administrative Law Judge 10 with MAHS, at the Michigan Public Service Commission, West Saginaw Highway, Lake Huron Room, Lansing, 12 Michigan, on Thursday, June 14, 2018, at 9:30 a.m. 13 APPEARANCES: 14 JON P. CHRISTINIDIS, J.D. DTE Energy 15 One Energy Plaza, #688WCB Detroit, Michigan On behalf of The Detroit Edison Company 17 SEAN P. GALLAGHER, J.D. 18 Clark Hill, PLC 212 Cesar E. Chavez Avenue 19 Lansing, Michigan On behalf of Association of Businesses Advocating Tariff Equity 21 BRIAN COYER, J.D. 22 Public Law Resource Center, PLLC 333 Albert Avenue, Suite University Office Place East Lansing, Michigan On behalf of Residential Customer Group 25 (Continued)

2 2 1 APPEARANCES Continued: 2 LYDIA BARBASH-RILEY, J.D. (Telephonically) Olson, Bzdok & Howard PC East Front Street Traverse City, Michigan On behalf of Michigan Environmental Council 5 JOEL B. KING, 6 Assistant Attorney General Special Litigation Division West Ottawa, 6th Floor Lansing, Michigan On behalf of Attorney General Bill Schuette 9 HEATHER M.S. DURIAN, 10 Assistant Attorney General 7109 West Saginaw Highway, Floor 3 11 Lansing, Michigan On behalf of Michigan Public Service Commission Staff REPORTED BY: Lori Anne Penn, CSR

3 3 1 Lansing, Michigan 2 Thursday, June 14, At 9:30 a.m (Hearing commenced pursuant to due notice.) 6 JUDGE FELDMAN: All right. On the 7 record. Good morning. We are opening a record in 8 Michigan Public Service Commission Case No. U-20069, 9 entitled In the matter of the application of DTE Electric 10 Company for reconciliation of its power supply cost 11 recovery plan (Case No. U-18143) for the 12-month period 12 ending December 31, This is the time and place 13 designated by the Commission for a prehearing conference. 14 For the record, my name is Sharon 15 Feldman, I've been assigned to be the presiding officer. 16 Can I ask the counsel present to place 17 their appearances on the record, please. 18 Mr. Christinidis. 19 MR. CHRISTINIDIS: Yes, your Honor. Jon 20 Christinidis on behalf of DTE Electric Company. 21 JUDGE FELDMAN: Thank you. Mr. King. 22 MR. KING: Good morning, your Honor. 23 Joel King on behalf of Attorney General Bill Schuette. 24 JUDGE FELDMAN: Thank you. 25 Mr. Gallagher.

4 4 1 MR. GALLAGHER: Good morning, Judge 2 Feldman. Sean P. Gallagher of Clark Hill, PLC, on behalf 3 of the Association of Businesses Advocating Tariff 4 Equity, also referred to as ABATE. 5 JUDGE FELDMAN: Thank you. Ms. Durian. 6 MS. DURIAN: Good morning, your Honor. 7 Heather Durian on behalf of Michigan Public Service 8 Commission Staff. 9 JUDGE FELDMAN: Thank you. Mr. Coyer. 10 MR. COYER: Yes. Good morning, your 11 Honor. Brian W. Coyer and Don L. Keskey of the Public 12 Law Resource Center on behalf of the Residential Customer 13 Group. 14 JUDGE FELDMAN: All right. Very good. 15 Before we go any further, Mr. Christinidis, can you MS. BARBASH-RILEY: Judge Feldman JUDGE FELDMAN: Oh, yes, of course. You 18 know, I had visions that I would be forgetting about you. 19 I have so many notes. Ms. Barbash-Riley. 20 MS. BARBASH-RILEY: Good morning, your 21 Honor. Lydia Barbash-Riley appearing on behalf of the 22 Michigan Environmental Council. 23 JUDGE FELDMAN: All right. Very good. 24 Now before we go any further, Mr. Christinidis, was the 25 Company able to comply with the Executive Secretary's

5 5 1 instructions regarding notice of this case? 2 MR. CHRISTINIDIS: Your Honor, service 3 and publication appears to have been accomplished 4 consistent with the Executive Secretary's direction. I 5 would note for the record, I have hard copies of the 6 Affidavits of Publication and Proofs of Service for those 7 who might be interested in checking that. We did make 8 the filing I believe yesterday evening, so that's fresh 9 out on the website. 10 JUDGE FELDMAN: All right. Ms. Durian, 11 does Staff have any concerns regarding notice? 12 MS. DURIAN: No, your Honor. 13 JUDGE FELDMAN: All right. Very good. 14 Let me next turn to the Petitions to Intervene. 15 Petitions to Intervene have been filed by Michigan 16 Environmental Council, by ABATE, by the RCG, and the 17 Attorney General has filed a Notice of Intervention. Let 18 me ask for the record if there are any objections? 19 MR. CHRISTINIDIS: None from the Company, 20 your Honor. 21 JUDGE FELDMAN: All right. Those 22 interventions are granted. 23 Let me also note for the record that 24 there are no members of the public here who wish to make 25 a comment. So other than setting a schedule, is there

6 6 1 anything else we need to take up at this prehearing 2 conference? Anything at all? (No response.) 3 All right. It's my understanding that 4 the parties have reached an agreement on an appropriate 5 schedule for handling this matter. Ms. Christinidis, 6 would you like to state that schedule for the record? 7 MR. CHRISTINIDIS: Certainly, your Honor. 8 I believe the parties have agreed to the following 9 schedule: Testimony for Staff and intervenors will be 10 due on October 30, 2018; rebuttal testimony will be due 11 December 4, 2018; motions to strike, if any, would be 12 filed on December 18, 2018; responses to those motions 13 would be due January 8, 2019; cross-exam will be 14 scheduled January 15 and 16, 2019; initial briefs will be 15 due February 13, 2019; reply briefs will be due March 13, ; and the target date for a PFD, your Honor, would be 17 April 10, 2019, obviously subject to your discretion on 18 that. 19 Finally, I believe the parties have 20 agreed to discovery turnarounds of 14 calendar days up 21 until October 30, when the discovery turnaround would 22 shift to 10 calendar days, all that being good-faith 23 efforts. 24 JUDGE FELDMAN: All right. And that 25 schedule is acceptable to the Company?

7 7 1 MR. CHRISTINIDIS: Yes, your Honor. 2 JUDGE FELDMAN: And to the Attorney 3 General? 4 MR. KING: Yes, your Honor. 5 JUDGE FELDMAN: And to ABATE? 6 MR. GALLAGHER: Yes, your Honor. 7 JUDGE FELDMAN: And to Staff? 8 MS. DURIAN: Yes, your Honor. 9 JUDGE FELDMAN: And to the RCG? 10 MR. COYER: Yes, your Honor. 11 JUDGE FELDMAN: And to MEC? 12 MS. BARBASH-RILEY: Yes, your Honor. 13 JUDGE FELDMAN: All right. That will be 14 the schedule we set in this matter. Feel free to ask me 15 when we get to cross-examination for a realistic PFD 16 target date. I can tell already, based on the Consumers 17 schedule that I set this morning, that there may be some 18 overlap in there, but sometimes these things have a way 19 of resolving themselves, so I'm just going to stick with 20 the target date in your proposed schedule for now. 21 Anything else at all from anybody before 22 we adjourn this morning? (No response.) 23 Thank you, all, very much for making this 24 so easy, we are adjourned. 25 MR. CHRISTINIDIS: Thank you, your Honor.

8 8 1 MR. KING: Thank you. 2 MS. BARBASH-RILEY: Thank you. 3 JUDGE FELDMAN: Thank you. 4 (At 9:37 a.m., the hearing was adjourned to January 5 15 and 16, 2019, for cross-examination.)

9 9 1 2 C E R T I F I C A T E 3 I, Lori Anne Penn, do hereby certify that I 4 reported in stenotype the proceedings had in the 5 within-entitled matter, that being Case No. U-20069, 6 before Sharon L. Feldman, Administrative Law Judge with 7 MAHS, at the Michigan Public Service Commission, Lansing, 8 Michigan, on Thursday, June 14, 2018; and do further 9 certify that the foregoing transcript, consisting of 10 Volume 1, is a true and correct transcript of my 11 stenotype notes Lori Anne Penn, CSR Grand River Avenue 16 Farmington, Michigan metrostate@sbcglobal.net Dated: June 18,