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thanks testing done atomic

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dominic [Bell dominic dot dot

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dot dot

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testing testing

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>>

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testing testing?

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?

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Dominic [Bell

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ringing] [Bell ringing] [Bell

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dominic.

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[Bell

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ringing]

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>> good afternoon everyone I

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hope everyone's doing well

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today is DECEMBER 14 and we

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will call this the hearing

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meeting to order.

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>> notice published AUGUST 28

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26 this time and place was set

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for prehearing conference and

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docket number 202 626? Te the

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purpose of the agreement is set

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out to the notice.

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>> good afternoon.

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I am entertain dominic charles

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rehwinkel here on behalf of

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city gas and made an appearance

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along with andrea deas.

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>> great, thank you.>> good

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afternoon?

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I am beth keating

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I'm here for florida city.

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>> good afternoon

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commissioner, matthew vodrasek

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with the air force department

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here on behalf of federal

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executive agencies.

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>> maj. Thompson and alisha

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00:31:15,762 --> 00:31:17,762
had sent.

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>>. Helton is here along with

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your general counsel adrian

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harper.

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>> thank you staff. Other any

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pulmonary matters we need to

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00:31:30,643 --> 00:31:31,760
address before we get into the

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prehearing border.

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>> do you have any matters?

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See none, let's go to the

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prehearing order now. I will

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identify the sections and i

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00:31:45,458 --> 00:31:46,893
want the parties to let me know

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if there is any corrections or

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changes that need to be made.

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I MAY go through it relatively

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00:31:51,631 --> 00:31:53,631
quickly.

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Let me know if there is a

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change or correction that has

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to get made.

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Sections 1, two, three anything

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in those resections and

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changes?

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See none, let's go to section 4

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procedures and handling

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confidential information.

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>> when confidential

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information is used in the

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hearing parties must have

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copies for the commissioner,

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necessary staff and court

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reporter in red envelope

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clearly marked with the nature

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of contents. I staff count that

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results in approximately 16

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copies. Any party wishing to

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examine the confidential

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00:32:32,972 --> 00:32:33,606
material not subject to an

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order of confidentiality shall

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be provided in the same fashion

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as commissioners, subject

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education of any agreement with

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the owner of the material.

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>> yes?

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Did you have something?

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>> at the end of the

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confidentiality paragraph,

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there is a paragraph that

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starts out, the conclusion of

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the portion of the hearing, the

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second sentence says

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confidential exhibit has been

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admitted into evidence.

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Copy provided to the court

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recorder shall be retained in

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the office of commission

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clerk's file.

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The reason I bring this up is,

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on a couple of recent large

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hearings we had a little bit of

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controversy about what the

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official confidential is for

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purposes of the file. At one

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point we assumed in the old

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days of court reporter was a

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suppository. We were told that

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we had to provide a copy to the

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clerk. I want to confirm the

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court reporter copy will be

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available.

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>> it's my understanding that

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language is added to the

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prehearing order to address

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issues that he is referring to

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. It's my understanding that

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the confidential document that

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will be provided to the court

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reporter will be the official

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copy maintained by the clerk.

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>> I appreciate that. I just

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wanted to confirm. Thank you

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everyone.

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>> great. Thank you.

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We are all on the same page.

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Awesome, let's move to section

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5, the prefiled testimony of

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exhibits and witnesses.

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>> staff knows there's a typo

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in the draft prehearing order

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or witness summaries of five

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minutes. Given the number of

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witnesses that suggest witness

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ceremony testimony be no longer

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than three minutes.

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Both direct and rebuttal

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testimony should be three

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minutes for direct entry

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minutes for rebuttal.

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>> thank you, are we okay with

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that?

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>> yes, the public counsel was

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brought down by the taxpayers

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of the state of florida.

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The company has filed a

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testimony of 17 witnesses of

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direct and rebuttal.

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I feel like that counseling

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customers are getting penalized

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we have to cut down our time

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because of the mass of

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witnesses the company brings.

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I am not challenging the

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company's decision to do that.

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I would prefer we have no less

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time.

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>> okay.

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Any other further thoughts on

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that?

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Are you okay with three

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minutes?

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>> yes. This will probably

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come back again in the next

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section.

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We are fine with three minutes.

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We are going to propose that

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certain witnesses, civic staff

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and the commissioner are

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minimal could be taken up at

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the same time for direct and

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rebuttal for purposes of

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efficiency. In that situation

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it would be appropriate for the

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witness to have five minutes to

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summarize both direct and

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rebuttal.

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We are fine with opc having

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five minutes were there

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witnesses.

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In fact I don't want to divide

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and be any different.

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Let's go five minutes across

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the board is what I am leaning

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on saying.

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I hope we can run an efficient

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hearing. I believe we can and

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we will. That is fine. Let's go

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00:36:51,830 --> 00:36:52,698
ahead and go to five minutes

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00:36:52,698 --> 00:36:56,298
across the board and try to

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work together to combine when

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we can.

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>> absolutely.

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>> I think that is somewhat

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settled. Let's move to the

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order of witnesses.

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>> there are no stipulations

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00:37:15,120 --> 00:37:15,687
on witness testimony at this

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00:37:15,687 --> 00:37:18,870
time. Parties MAY stipulate

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before the hearing. If there

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00:37:21,590 --> 00:37:21,592
are stability witnesses that

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00:37:21,592 --> 00:37:22,227
the parties would like to

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00:37:22,227 --> 00:37:22,727
suggest that will confirm with

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00:37:22,727 --> 00:37:24,727
each commissioner that

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00:37:27,966 --> 00:37:28,566
identified witness can be

202
00:37:28,566 --> 00:37:29,670
excused. Commissioners don't

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00:37:29,670 --> 00:37:29,701
have questions of this

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00:37:29,701 --> 00:37:30,302
witnesses the witnesses MAY be

205
00:37:30,302 --> 00:37:30,902
excused from the hearing and

206
00:37:30,902 --> 00:37:33,302
testimonies would be entered

207
00:37:36,108 --> 00:37:38,108
into the hearing.

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>> thoughts or comments?

209
00:37:43,314 --> 00:37:44,115
>> yes, commissioner.

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00:37:44,115 --> 00:37:44,716
It came to florida city gas is

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00:37:44,716 --> 00:37:47,716
attention late last week that

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00:37:48,687 --> 00:37:49,321
we have two of her expert

213
00:37:49,321 --> 00:37:49,921
witnesses who are scheduled for

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00:37:49,921 --> 00:37:52,921
hearing in another state the

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00:37:56,270 --> 00:37:56,428
same week this hearing is

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00:37:56,428 --> 00:37:56,928
scheduled.

217
00:37:56,928 --> 00:37:57,795
We have taken a look at

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00:37:57,795 --> 00:38:00,795
potentially moving them in the

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00:38:01,432 --> 00:38:02,670
witness order. That led to

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00:38:02,670 --> 00:38:04,467
some further discussions about

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00:38:05,337 --> 00:38:05,903
the order of witnesses that we

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00:38:05,903 --> 00:38:08,640
have put together. We have

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00:38:08,640 --> 00:38:11,400
conferred with both public

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00:38:13,545 --> 00:38:14,111
counsel and with faa. I

225
00:38:14,111 --> 00:38:16,948
understand we MAY have some

226
00:38:16,948 --> 00:38:17,482
alterations of their own.

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00:38:17,482 --> 00:38:20,482
We provided this list to

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commission staff on friday and

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00:38:25,623 --> 00:38:26,291
there are two main witnesses

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00:38:26,291 --> 00:38:29,891
that have the conflict. We have

231
00:38:30,128 --> 00:38:30,761
become up to third and fourth.

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There are other witnesses that

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00:38:31,329 --> 00:38:32,497
it given the scope of their

234
00:38:32,497 --> 00:38:34,466
direct rebuttal we are willing

235
00:38:34,466 --> 00:38:36,233
to offer to have their direct

236
00:38:36,233 --> 00:38:39,833
and rebuttal taken up at the

237
00:38:41,639 --> 00:38:41,939
same time for purposes of

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00:38:41,939 --> 00:38:43,939
efficiency.

239
00:38:47,945 --> 00:38:49,945
>> all right, opc?

240
00:38:52,950 --> 00:38:55,350
>> the outline of witnesses

241
00:38:57,155 --> 00:39:00,155
that the company says is

242
00:39:05,896 --> 00:39:06,530
acceptable, will continue to

243
00:39:06,530 --> 00:39:10,130
work. The only change we would

244
00:39:20,440 --> 00:39:23,644
ask is if MR. Walters and

245
00:39:24,682 --> 00:39:25,490
leapfrog, our order would be

246
00:39:25,490 --> 00:39:25,616
walter, colin.

247
00:39:25,616 --> 00:39:28,160
>> any concern with that?

248
00:39:37,261 --> 00:39:37,462
>> number john boehner.

249
00:39:37,462 --> 00:39:39,462
[Bell.

250
00:39:53,277 --> 00:39:53,544
>> any issues with that?

251
00:39:53,544 --> 00:39:55,544
.

252
00:40:00,618 --> 00:40:01,185
Let's move on to the basic nts

253
00:40:01,185 --> 00:40:04,185
to party 70 changes to the

254
00:40:05,656 --> 00:40:06,257
basic positions?

255
00:40:06,257 --> 00:40:08,250
>> florida city gas has one

256
00:40:08,250 --> 00:40:09,460
numeric change in a basic

257
00:40:09,460 --> 00:40:12,460
position on page 9. We can

258
00:40:14,398 --> 00:40:14,765
provide that to staff after

259
00:40:14,765 --> 00:40:16,765
this.

260
00:40:17,435 --> 00:40:19,435
>> any other changes?

261
00:40:20,404 --> 00:40:20,670
Can we have that to stop by

262
00:40:20,670 --> 00:40:21,271
tomorrow?

263
00:40:21,271 --> 00:40:25,471
>> we can have it by end of

264
00:40:26,344 --> 00:40:26,978
day today.

265
00:40:26,978 --> 00:40:30,578
>> let's go ahead and move to

266
00:40:31,315 --> 00:40:33,284
section 8, issues and position.

267
00:40:33,284 --> 00:40:33,818
I will go through issues by

268
00:40:33,818 --> 00:40:35,860
section. We will proceed

269
00:40:35,860 --> 00:40:38,686
through the issues in the order

270
00:40:40,157 --> 00:40:40,790
they appear here in the

271
00:40:40,790 --> 00:40:41,325
prehearing order any parties

272
00:40:41,325 --> 00:40:44,325
have any changes to any

273
00:40:46,230 --> 00:40:46,897
positions please speak up at

274
00:40:46,897 --> 00:40:47,531
the appropriate time. Staff,

275
00:40:47,531 --> 00:40:49,931
any additional comments before

276
00:40:55,406 --> 00:40:56,730
we get into issues?

277
00:40:56,730 --> 00:40:56,674
>> yes, as noted, a party that

278
00:40:56,674 --> 00:40:57,240
takes no issue on a party by

279
00:40:57,240 --> 00:40:57,841
the time of the prehearing

280
00:40:57,841 --> 00:40:58,442
conference or at a later time

281
00:40:58,442 --> 00:41:01,442
presented by the office to

282
00:41:01,545 --> 00:41:03,945
conduct cross-examination on a

283
00:41:05,549 --> 00:41:06,217
ship, staff originally set for

284
00:41:06,217 --> 00:41:08,452
SEPTEMBER 15 as a potential

285
00:41:08,452 --> 00:41:10,452
follow-up date.

286
00:41:14,570 --> 00:41:14,825
As I understand, opc and seg

287
00:41:14,825 --> 00:41:15,426
have discussed extending that

288
00:41:15,426 --> 00:41:17,828
to SEPTEMBER 16. There is no

289
00:41:17,828 --> 00:41:19,828
objection to that.

290
00:41:22,399 --> 00:41:24,399
>> thank you commissioner.

291
00:41:28,205 --> 00:41:28,471
The discovery cutoff is

292
00:41:28,471 --> 00:41:30,471
wednesday.

293
00:41:37,280 --> 00:41:37,815
We took significant number of

294
00:41:37,815 --> 00:41:38,349
depositions and the court

295
00:41:38,349 --> 00:41:39,950
reporter is working in an

296
00:41:39,950 --> 00:41:41,952
expedited case and around the

297
00:41:41,952 --> 00:41:44,952
other hearings she has to

298
00:41:45,955 --> 00:41:46,490
handle lately.

299
00:41:46,490 --> 00:41:48,892
We have a few depositions

300
00:41:48,892 --> 00:41:52,362
coming in this week. We think

301
00:41:52,362 --> 00:41:55,962
we are allowed to provide our

302
00:41:56,900 --> 00:41:57,568
positions no later than the

303
00:41:57,568 --> 00:41:58,635
close of business on wednesday,

304
00:41:58,635 --> 00:42:00,638
that will give us an optimal

305
00:42:00,638 --> 00:42:03,638
amount of time to review

306
00:42:06,877 --> 00:42:07,478
deposition transcripts and

307
00:42:07,478 --> 00:42:08,780
decide if you need to modify

308
00:42:08,780 --> 00:42:11,780
our position. We have several

309
00:42:12,983 --> 00:42:15,552
positions that send a position

310
00:42:15,552 --> 00:42:17,952
in place of discovery.

311
00:42:18,880 --> 00:42:19,957
Will have a great answer on

312
00:42:19,957 --> 00:42:23,557
those, and will get a final

313
00:42:24,595 --> 00:42:26,995
answer to the commission.

314
00:42:27,630 --> 00:42:28,298
If that is acceptable?

315
00:42:28,298 --> 00:42:30,934
I have one other thing to state

316
00:42:30,934 --> 00:42:32,934
about the issues.

317
00:42:37,700 --> 00:42:37,708
I thought I could send it out

318
00:42:37,708 --> 00:42:38,808
but the system is holding my

319
00:42:38,808 --> 00:42:42,408
message in the mailbox. I have

320
00:42:45,682 --> 00:42:46,283
revised order with edits that I

321
00:42:46,283 --> 00:42:49,283
will provide all the parties

322
00:42:51,388 --> 00:42:51,988
and staff.

323
00:42:51,988 --> 00:42:52,555
I will not take your time by

324
00:42:52,555 --> 00:42:54,858
commenting on any issues in

325
00:42:54,858 --> 00:42:57,161
here because I will provide the

326
00:42:57,161 --> 00:43:00,761
revisions I had to staff and

327
00:43:00,864 --> 00:43:02,866
parties today with the caveat

328
00:43:02,866 --> 00:43:05,168
that if we have an amendment in

329
00:43:05,168 --> 00:43:07,568
deposition pending will get

330
00:43:09,472 --> 00:43:13,720
those to staff by wednesday if

331
00:43:14,911 --> 00:43:15,511
that is okay with you.

332
00:43:15,511 --> 00:43:16,146
>> let me think there's any

333
00:43:16,146 --> 00:43:16,613
objections. Other objections to

334
00:43:16,613 --> 00:43:17,948
be to SEPTEMBER 16 on

335
00:43:17,948 --> 00:43:19,948
wednesday?

336
00:43:29,259 --> 00:43:29,526
>> that's just to modify that

337
00:43:29,526 --> 00:43:30,127
position?

338
00:43:30,127 --> 00:43:32,161
>> yes, it is just the ones

339
00:43:32,161 --> 00:43:34,561
that talk about pending

340
00:43:35,598 --> 00:43:38,598
completion of discovery I will

341
00:43:40,470 --> 00:43:42,739
get everything else that we

342
00:43:42,739 --> 00:43:46,339
need. We just because few that

343
00:43:50,580 --> 00:43:51,181
are selected. Just a handful.

344
00:43:51,181 --> 00:43:54,181
>> the company is fine with

345
00:43:55,518 --> 00:43:56,520
that.

346
00:43:56,520 --> 00:43:56,619
Let's no objection.

347
00:43:56,619 --> 00:43:56,820
>> any concerns with that

348
00:43:56,820 --> 00:43:58,820
stuff?

349
00:44:01,892 --> 00:44:02,492
>> no.

350
00:44:02,492 --> 00:44:06,920
>> I will allow that to be

351
00:44:07,597 --> 00:44:09,597
reflected.

352
00:44:11,902 --> 00:44:12,702
Let's go ahead and go through

353
00:44:12,702 --> 00:44:16,302
issues. I will go through the

354
00:44:16,740 --> 00:44:16,907
entire blocks and call them

355
00:44:16,907 --> 00:44:17,407
out.

356
00:44:17,407 --> 00:44:18,800
Speak up if there's any

357
00:44:18,800 --> 00:44:20,408
concerns. Starting the test

358
00:44:23,180 --> 00:44:25,649
period and test issues 1-5

359
00:44:25,649 --> 00:44:26,282
fencing objections let's move

360
00:44:26,282 --> 00:44:29,882
to the quality of service which

361
00:44:30,120 --> 00:44:33,120
is issue six. Say no

362
00:44:33,856 --> 00:44:35,759
objection, let's move to the

363
00:44:35,759 --> 00:44:39,359
right base which is issue 7-21.

364
00:44:39,362 --> 00:44:42,362
>> will have a modification to

365
00:44:42,565 --> 00:44:44,601
issue nine. Anticipate will be

366
00:44:44,601 --> 00:44:47,137
able to provide that to staff

367
00:44:47,137 --> 00:44:50,137
by close of business today.

368
00:44:56,913 --> 00:44:57,800
>> anything else in section

369
00:44:57,800 --> 00:44:57,614
721.

370
00:44:57,614 --> 00:45:00,383
It's been a zero cost of

371
00:45:00,383 --> 00:45:00,583
capital which is issue six

372
00:45:00,583 --> 00:45:02,583
2230.

373
00:45:05,722 --> 00:45:08,722
Seeing that, is meant to

374
00:45:11,194 --> 00:45:11,394
operating income if she is

375
00:45:11,394 --> 00:45:11,961
3150.

376
00:45:11,961 --> 00:45:12,529
>> florida city gas has a

377
00:45:12,529 --> 00:45:14,330
slight modification to the

378
00:45:14,330 --> 00:45:14,997
position on the issue 33 and

379
00:45:14,997 --> 00:45:16,632
will have that to stop by close

380
00:45:16,632 --> 00:45:18,632
of business.

381
00:45:21,370 --> 00:45:21,303
>> any other issues or

382
00:45:21,303 --> 00:45:23,303
concerns?

383
00:45:25,841 --> 00:45:28,241
Let's move to revenue

384
00:45:35,951 --> 00:45:36,652
requirements just issues 51-52.

385
00:45:36,652 --> 00:45:37,253
None let's move to the cost of

386
00:45:37,253 --> 00:45:40,253
service and great design just

387
00:45:44,627 --> 00:45:46,627
issues 53-69.

388
00:45:46,829 --> 00:45:50,429
On smooches the camera she is

389
00:45:52,668 --> 00:45:54,668
which is 70-71.

390
00:45:59,976 --> 00:46:01,477
Other issues?

391
00:46:01,477 --> 00:46:04,477
Those that were mentioned are

392
00:46:07,216 --> 00:46:07,450
noted let's slip to lester

393
00:46:07,450 --> 00:46:07,984
staff.

394
00:46:07,984 --> 00:46:08,618
>> staff has prepared a

395
00:46:08,618 --> 00:46:11,180
comprehensive exhibit list and

396
00:46:11,953 --> 00:46:12,822
those exhibits that wish to

397
00:46:12,822 --> 00:46:16,258
include in the record. A draft

398
00:46:16,258 --> 00:46:19,162
list prior to the hearing to

399
00:46:19,162 --> 00:46:19,762
see if there any objections to

400
00:46:19,762 --> 00:46:22,762
be entered into the record.

401
00:46:23,199 --> 00:46:25,599
>> any changes that list?

402
00:46:25,768 --> 00:46:29,368
Thank not, let's move to the

403
00:46:30,840 --> 00:46:31,473
proposed stipulations.

404
00:46:31,473 --> 00:46:32,410
>> staff is not aware of any

405
00:46:32,410 --> 00:46:33,420
public body situations for

406
00:46:33,420 --> 00:46:33,342
parties at this time.

407
00:46:33,342 --> 00:46:34,810
>> parties?

408
00:46:34,810 --> 00:46:36,810
Good?

409
00:46:38,881 --> 00:46:41,881
Let's move to sections 11-12

410
00:46:42,150 --> 00:46:44,320
pending motions and pending

411
00:46:44,320 --> 00:46:44,854
confidentiality motions.

412
00:46:44,854 --> 00:46:47,254
>> there are no pending

413
00:46:47,890 --> 00:46:48,858
motions except for

414
00:46:48,858 --> 00:46:49,580
confidentiality request at this

415
00:46:49,580 --> 00:46:51,580
time.

416
00:46:52,940 --> 00:46:54,494
Much to seven pending

417
00:46:55,564 --> 00:46:57,466
confidentiality motions.

418
00:46:57,466 --> 00:47:01,660
Stop all work to address those.

419
00:47:06,107 --> 00:47:06,876
>> thank you.

420
00:47:06,876 --> 00:47:07,443
Sing order concerns there let's

421
00:47:07,443 --> 00:47:07,843
move to section 13 posting

422
00:47:07,843 --> 00:47:08,344
procedures. Staff?

423
00:47:08,344 --> 00:47:08,878
What certain issues are

424
00:47:08,878 --> 00:47:10,479
stipulated to the parties

425
00:47:10,479 --> 00:47:11,213
agreed to wait weeks parties

426
00:47:11,213 --> 00:47:13,820
agreed to make a bench decision

427
00:47:13,820 --> 00:47:16,452
but are ever if there are any

428
00:47:16,452 --> 00:47:18,852
positions after the hearing

429
00:47:19,322 --> 00:47:21,322
researcher OCTOBER 21, 2026.

430
00:47:22,391 --> 00:47:22,892
They shall be no more than 50

431
00:47:22,892 --> 00:47:24,827
pages and staff suggest

432
00:47:24,827 --> 00:47:27,227
amending that term preorders.

433
00:47:31,233 --> 00:47:33,233
>> 100 pages go ahead.

434
00:47:34,403 --> 00:47:36,403
>> we appreciate 100 pages.

435
00:47:36,839 --> 00:47:40,439
Michener, I would ask that the

436
00:47:42,411 --> 00:47:44,713
word limit or positions of the

437
00:47:44,713 --> 00:47:46,713
amended to 75 words.

438
00:47:47,817 --> 00:47:51,417
75 words is customary up I am

439
00:47:51,520 --> 00:47:53,322
not mistaken.

440
00:47:53,322 --> 00:47:56,922
I would also vastly be willing

441
00:47:59,595 --> 00:48:03,195
to add sentence after the word,

442
00:48:03,298 --> 00:48:06,898
it says each party MAY provide

443
00:48:08,537 --> 00:48:12,137
a position that 225 words on up

444
00:48:12,141 --> 00:48:12,808
to two dishes of its choosing.

445
00:48:12,808 --> 00:48:16,408
The reason I suggest that since

446
00:48:17,546 --> 00:48:18,214
there are often times case that

447
00:48:18,214 --> 00:48:20,883
has been complicated like this

448
00:48:20,883 --> 00:48:23,883
one. There MAY be selected

449
00:48:25,721 --> 00:48:29,321
issues that take a little bit

450
00:48:32,761 --> 00:48:33,295
to synthesize a position as of

451
00:48:33,295 --> 00:48:36,165
the this is been done on

452
00:48:36,165 --> 00:48:38,565
occasion in the past.

453
00:48:41,336 --> 00:48:41,669
We can pick any two that we

454
00:48:41,669 --> 00:48:43,669
want.

455
00:48:47,508 --> 00:48:47,809
We can have a little bit longer

456
00:48:47,809 --> 00:48:48,477
discussion.

457
00:48:48,477 --> 00:48:52,770
I would ask your indulgence for

458
00:48:54,282 --> 00:48:54,850
us to be able to achieve the.

459
00:48:54,850 --> 00:48:55,483
>> I will take that under

460
00:48:55,483 --> 00:48:57,753
advisement and talk to my staff

461
00:48:57,753 --> 00:48:58,353
about that and it will be

462
00:48:58,353 --> 00:49:00,388
reflected on the decision I

463
00:49:00,388 --> 00:49:03,388
make in the final order.

464
00:49:05,127 --> 00:49:07,527
Is there anything else?

465
00:49:10,198 --> 00:49:10,799
Okay, thank you.

466
00:49:10,799 --> 00:49:13,799
>> that sentence will be in

467
00:49:17,439 --> 00:49:19,439
the document.

468
00:49:22,760 --> 00:49:22,678
>> okay, excellent.

469
00:49:22,678 --> 00:49:24,346
Step is that okay to proceed

470
00:49:24,346 --> 00:49:26,215
that way?

471
00:49:26,215 --> 00:49:28,215
>> that is fine.

472
00:49:29,350 --> 00:49:32,350
Let's move to rulings in

473
00:49:33,880 --> 00:49:33,722
section 14.

474
00:49:33,722 --> 00:49:35,157
>> staff recommends you make a

475
00:49:35,157 --> 00:49:35,924
ruling that opening statements

476
00:49:35,924 --> 00:49:38,924
should not exceed five minutes

477
00:49:40,895 --> 00:49:41,563
per party.

478
00:49:41,563 --> 00:49:41,930
>> are all partisan agreements

479
00:49:41,930 --> 00:49:43,698
of five minutes?

480
00:49:43,698 --> 00:49:46,698
I think we are good.

481
00:49:52,240 --> 00:49:54,640
>> the public counsel would

482
00:49:55,944 --> 00:49:59,281
ask, this is not the case of a

483
00:49:59,281 --> 00:49:59,881
bigger electric case or even

484
00:49:59,881 --> 00:50:01,216
the case we had last time we

485
00:50:01,216 --> 00:50:03,216
had more parties.

486
00:50:05,687 --> 00:50:08,687
The public counsel and company

487
00:50:11,460 --> 00:50:12,270
are the ones that would carry

488
00:50:12,270 --> 00:50:14,663
most of the time on opening

489
00:50:14,663 --> 00:50:17,663
statements. I don't think, I

490
00:50:21,268 --> 00:50:21,869
briefly discussed it with fda,

491
00:50:21,869 --> 00:50:23,104
I don't think they have a lot

492
00:50:23,104 --> 00:50:25,104
of arguments.

493
00:50:27,942 --> 00:50:30,942
This case presents a very

494
00:50:33,281 --> 00:50:35,681
interesting issues that are

495
00:50:36,284 --> 00:50:38,284
novel.

496
00:50:38,920 --> 00:50:43,120
We would ask that we be given,

497
00:50:43,391 --> 00:50:43,959
I would suggest 10 minutes.

498
00:50:43,959 --> 00:50:44,192
That is the request of the

499
00:50:44,192 --> 00:50:46,192
public.

500
00:50:51,466 --> 00:50:52,670
>> karen 10 minutes let me go

501
00:50:52,670 --> 00:50:52,633
to the other parties, did he

502
00:50:52,633 --> 00:50:52,834
recall that let's hear from

503
00:50:52,834 --> 00:50:53,501
you.

504
00:50:53,501 --> 00:50:54,169
>> no objection, will be brief

505
00:50:54,169 --> 00:50:54,736
with our matters, but it others

506
00:50:54,736 --> 00:50:54,936
want to take longer that is

507
00:50:54,936 --> 00:50:56,936
fine.

508
00:50:59,307 --> 00:51:00,641
>> of course we will abide by

509
00:51:00,641 --> 00:51:02,641
whatever you decide.

510
00:51:05,480 --> 00:51:08,148
>> thank you, the feeling we

511
00:51:08,148 --> 00:51:08,349
will net the same amount of

512
00:51:08,349 --> 00:51:10,349
time.

513
00:51:16,224 --> 00:51:16,490
Go ahead and call it 10

514
00:51:16,490 --> 00:51:17,125
minutes.

515
00:51:17,125 --> 00:51:17,792
Congratulations getting your 10

516
00:51:17,792 --> 00:51:18,360
minutes of opening statements.

517
00:51:18,360 --> 00:51:20,895
Are there any other matters

518
00:51:20,895 --> 00:51:21,462
that need to be addressed in

519
00:51:21,462 --> 00:51:22,970
the prehearing conference?

520
00:51:22,970 --> 00:51:24,970
>> commissioner, I apologize.

521
00:51:24,599 --> 00:51:28,799
I do have one other request for

522
00:51:33,141 --> 00:51:33,775
you to consider.

523
00:51:33,775 --> 00:51:34,309
And that would be the date per

524
00:51:34,309 --> 00:51:36,709
provision for exhibits is

525
00:51:37,278 --> 00:51:38,460
identified as SEPTEMBER 22,

526
00:51:38,460 --> 00:51:41,646
given some of the extensions in

527
00:51:43,885 --> 00:51:44,419
the amount of discovery, and

528
00:51:44,419 --> 00:51:47,521
the stock we ask that be

529
00:51:47,521 --> 00:51:49,921
extended to the 24th.

530
00:51:56,130 --> 00:51:56,464
>> staff, let me ask you on

531
00:51:56,464 --> 00:51:58,464
the calendar.

532
00:52:02,300 --> 00:52:02,637
>> we typically aim for week

533
00:52:02,637 --> 00:52:03,271
for provisioning of exhibits.

534
00:52:03,271 --> 00:52:03,805
Maybe not to the 24th gives two

535
00:52:03,805 --> 00:52:06,205
business days before the

536
00:52:07,275 --> 00:52:07,809
hearing begins.

537
00:52:07,809 --> 00:52:08,376
It would be the close of

538
00:52:08,376 --> 00:52:11,376
business on the 24th. That

539
00:52:13,515 --> 00:52:14,147
gives one business day.

540
00:52:14,147 --> 00:52:16,547
>> that my understandings are

541
00:52:20,540 --> 00:52:20,321
typically cross-examination

542
00:52:20,321 --> 00:52:20,889
exhibits.

543
00:52:20,889 --> 00:52:23,889
I would not anticipate this

544
00:52:24,920 --> 00:52:27,920
would be all documents, at

545
00:52:28,663 --> 00:52:29,263
least for me.

546
00:52:29,263 --> 00:52:32,767
>> I'm not sure he could say

547
00:52:32,767 --> 00:52:35,167
the same for everyone.

548
00:52:42,109 --> 00:52:44,509
>> public counsel I don't

549
00:52:46,781 --> 00:52:50,381
think, in the past many people

550
00:52:58,526 --> 00:52:59,126
have lengthy exhibits.

551
00:52:59,126 --> 00:53:03,326
that would take a lot of the

552
00:53:04,332 --> 00:53:04,999
typical volume of exhibits.

553
00:53:04,999 --> 00:53:07,168
I have been putting my exhibits

554
00:53:07,168 --> 00:53:10,137
together for the hearing for a

555
00:53:10,137 --> 00:53:10,738
couple weeks now.

556
00:53:10,738 --> 00:53:14,410
I can represent year we will

557
00:53:14,410 --> 00:53:17,641
not have the volume you have

558
00:53:24,819 --> 00:53:25,452
seen in the past.

559
00:53:25,452 --> 00:53:26,587
You have 50 or so, maybe a bit

560
00:53:26,587 --> 00:53:30,787
more than that. It will not be,

561
00:53:35,396 --> 00:53:39,596
I can tell you, I would support

562
00:53:45,306 --> 00:53:45,906
the company's quest.

563
00:53:45,906 --> 00:53:46,507
This case has generated a lot

564
00:53:46,507 --> 00:53:49,507
of discovery. The company has

565
00:53:56,650 --> 00:53:57,251
been extremely, the word is

566
00:53:57,251 --> 00:54:00,851
they have worked with us to

567
00:54:02,723 --> 00:54:02,990
make sure the discoveries

568
00:54:02,990 --> 00:54:04,990
answered.

569
00:54:07,461 --> 00:54:08,229
I have not been rigid about the

570
00:54:08,229 --> 00:54:11,398
limits. We have done a lot of

571
00:54:11,398 --> 00:54:13,798
depositions in this case.

572
00:54:16,469 --> 00:54:19,273
It is very well litigated.

573
00:54:19,273 --> 00:54:19,540
The discovery has been

574
00:54:19,540 --> 00:54:21,540
thorough.

575
00:54:22,476 --> 00:54:23,109
Which I think helps narrow down

576
00:54:23,109 --> 00:54:25,946
a number of exhibits. I can

577
00:54:25,946 --> 00:54:27,714
represent to you commissioner,

578
00:54:27,714 --> 00:54:31,314
the volume will not be anything

579
00:54:32,190 --> 00:54:35,619
like what you might have seen.

580
00:54:38,959 --> 00:54:39,492
We will be judicious about it.

581
00:54:39,492 --> 00:54:40,127
I hope the group but the

582
00:54:40,127 --> 00:54:43,127
commission staff in the lurch.

583
00:54:43,196 --> 00:54:45,596
>> staff is able to

584
00:54:46,667 --> 00:54:47,267
accommodate that, however we

585
00:54:47,267 --> 00:54:50,267
request instead of close of

586
00:54:54,907 --> 00:54:55,442
business on thursday we make it

587
00:54:55,442 --> 00:54:58,442
10 on thursday so we can

588
00:55:00,414 --> 00:55:00,981
incorporate everything.

589
00:55:00,981 --> 00:55:03,250
>> does that sound like a

590
00:55:03,250 --> 00:55:03,650
compromise?

591
00:55:03,650 --> 00:55:03,851
>> yes it does.

592
00:55:03,851 --> 00:55:05,851
> we are

593
00:55:09,222 --> 00:55:09,856
going to say 24th, 10 am.

594
00:55:09,856 --> 00:55:11,825
>> commissioner, if I can say

595
00:55:11,825 --> 00:55:13,894
one other thing just following

596
00:55:13,894 --> 00:55:17,494
that, the word I was looking

597
00:55:19,266 --> 00:55:19,566
for that was escaping me was

598
00:55:19,566 --> 00:55:20,167
cooperative.

599
00:55:20,167 --> 00:55:21,635
His hearing conference for a

600
00:55:21,635 --> 00:55:24,635
case that is been this

601
00:55:24,671 --> 00:55:27,975
contentious in terms of the way

602
00:55:27,975 --> 00:55:29,509
testimony has proceeded,

603
00:55:29,509 --> 00:55:31,909
discovery has proceeded has

604
00:55:33,847 --> 00:55:34,481
been done the right way.

605
00:55:34,481 --> 00:55:37,951
I think a complement should go

606
00:55:37,951 --> 00:55:40,554
to the company or the way they

607
00:55:40,554 --> 00:55:42,554
have handled things.

608
00:55:43,590 --> 00:55:46,626
I have been very zealous in

609
00:55:46,626 --> 00:55:49,260
their efficacy. Staff also

610
00:55:51,398 --> 00:55:52,320
reached out and we had a timely

611
00:55:52,320 --> 00:55:54,432
issue identification. For the

612
00:55:55,350 --> 00:55:55,635
first time I think of her

613
00:55:55,635 --> 00:55:58,350
results issues without having

614
00:55:58,972 --> 00:56:00,240
to take it to you, the

615
00:56:00,240 --> 00:56:00,540
prehearing officer for

616
00:56:00,540 --> 00:56:02,540
resolution.

617
00:56:02,609 --> 00:56:06,809
That says a lot about the way

618
00:56:07,214 --> 00:56:10,814
your staff was engaged in the

619
00:56:11,418 --> 00:56:12,520
way the party is cooperated.

620
00:56:12,520 --> 00:56:16,852
I wanted to let you know that I

621
00:56:18,692 --> 00:56:18,892
felt like this is been done

622
00:56:18,892 --> 00:56:20,892
right.

623
00:56:22,796 --> 00:56:23,290
I appreciate you giving us the

624
00:56:23,290 --> 00:56:23,697
time.

625
00:56:23,697 --> 00:56:25,766
>> sure. I appreciate everyone

626
00:56:25,766 --> 00:56:28,166
acting professional and working

627
00:56:31,871 --> 00:56:32,506
in a collaborative manner. Our

628
00:56:32,506 --> 00:56:33,973
staff works extremely hard five

629
00:56:33,973 --> 00:56:34,607
appreciate them. I am so

630
00:56:34,607 --> 00:56:37,477
thankful that they had to get

631
00:56:37,477 --> 00:56:40,477
to me yet at least.

632
00:56:41,681 --> 00:56:45,881
Thank you and I look forward to

633
00:56:47,421 --> 00:56:48,540
a smooth hearing.

634
00:56:48,540 --> 00:56:48,522
Staff, I have lots right hand.

635
00:56:48,522 --> 00:56:51,522
Am I on other matters?

636
00:56:52,125 --> 00:56:54,261
>> yes, there are no other

637
00:56:54,261 --> 00:56:56,129
action steps perspective. The

638
00:56:56,129 --> 00:56:56,428
parties have reached a

639
00:56:56,428 --> 00:56:58,428
conclusion.

640
00:57:00,650 --> 00:57:01,902
>> any other business?

641
00:57:01,902 --> 00:57:05,939
I will go ahead and call this

642
00:57:05,939 --> 00:57:06,505
prehearing adjourned. I look

643
00:57:06,505 --> 00:57:07,540
forward to seeing everybody

644
00:57:07,540 --> 00:57:11,770
here soon. Thank you for your

645
00:57:11,770 --> 00:57:13,770
professional matter.

646
00:57:17,490 --> 00:57:18,000
>> thank you, commissioner.