NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
PPL Electric Utilities Corporation; Northeast-Pocono Reliability Project; Prehearing Conference; Prehearing Order
[43 Pa.B. 397]
[Saturday, January 19, 2013]A-2012-2340872. For approval of the siting and construction of transmission lines associated with the Northeast-Pocono Reliability Project in portions of Luzerne, Lackawanna, Monroe and Wayne Counties.
P-2012-2340871. For a finding that a building to shelter control equipment at the North Pocono 230-69 kV substation in Covington Township, Lackawanna County, is reasonably necessary for the convenience or welfare of the public.
P-2012-2341105. For a finding that a building to shelter control equipment at the West Pocono 230-69 kV Substation in Buck Township, Luzerne County, is reasonably necessary for the convenience or welfare of the public.
A-2012-2341107. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) (relating to additional powers of certain public utility corporations) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of John C. Justice and Linda S. Justice in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2012-2341114. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Three Griffins Enterprises, Inc. in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2012-2341115. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Margaret G. Arthur and Barbara A. Saurman, Trustees of the Residuary Trust of James C. Arthur in Sterling Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2012-2341118. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Anthony J. Lupas, Jr. and Lillian Lupas, John Lupas and Judy Lupas, Grace Lupas, Eugene A. Bartoli and Robert J. Frankelli in Bear Creek Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2012-2341120. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Ronald G. Sidovar and Gloria J. Sidovar in Salem Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2012-2341123. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of FR First Avenue Property Holding, LP in Covington Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341208. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of transcontinental Gas Pipe Line Corporation in Buck Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341209. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of William Petrouleas and Joanna Petrouleas in Clifton Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341211. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Peter Palermo and Francine Palermo in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341213. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Christopher Maros and Melinda Maros in Sterling Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341214. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Dianne L. Doss in Paupack Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341215. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Donald Januszewski in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341216. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of International Consolidated Investment Company in Clifton Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341220. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Bradley D. Hummel in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341221. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Michael Palermo and Joanne Palermo in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341232. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Roberta Searfoss a/k/a Judy Searfoss, Executrix of the Estate of Euylla Hughes a/k/a Eylla Hughes in Buck Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341233. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of John F. and Veronica Iskra in Bear Creek Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341234. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Michael A. Mitch and Sue K. Mitch in Paupack Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341236. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Clifton Acres, Inc. in Clifton Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341237. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Dietrich Hunting Club in Lehigh Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2012-2341238. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Art Borrower Propco 2010-5 LLC in Covington Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341239. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of NLMS, Inc. in Clifton Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341241. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of US Industrial Reit II in Covington Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341249. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Ronald Solt in Plains Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341250. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Merel J. and Arlene J. Swingle in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341253. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Edward R. Schultz in Covington Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341262. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Donald W. Henderson and Louis Bellucci in Paupack Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341263. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Fr E2 Property Holding LP in Covington Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341267. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Sylvester J. Coccia in Clifton Township, Lackawanna County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341271. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Lawrence Duda in Salem Township, Wayne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341272. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Mark M. Mack, J. Dean Mack and Heather K. Mack in Bear Creek Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
A-2013-2341277. Application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Blue Ridge Real Estate in Buck Township, Luzerne County, for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public.
Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). Filings must be made with the Secretary of the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on Administrative Law Judge David A. Salapa and the applicant, on or before February 27, 2013. The documents filed in support of the applications and petitions are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, at the Pennsylvania Public Utility Commission's (Commission) web site at www.puc.pa.gov, and at the Applicant's business address.
Applicant: PPL Electric Utilities Corporation
Through and By Counsel: David B. MacGregor, Post & Schell, PC, Four Penn Center, 1600 John F. Kennedy Boulevard, Philadelphia, PA 19103-2808
Paul E. Russell, Associate General Counsel, PPL Services Corporation, Two North Ninth Street, Allentown, PA 18106
Christopher T. Wright, John H. Isom, Post & Schell, PC, 17 North Second Street, 12th Floor, Harrisburg, PA 17101-1601
Prehearing Conference An initial prehearing conference on the previously-captioned case will be held as follows:
Date: Wednesday, March 6, 2013 Time: 10 a.m. Location: Hearing Room 3
Plaza Level
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
Presiding: Administrative Law Judge David A. Salapa
P. O. Box 3265
Harrisburg, PA 17105-3265
(717) 787-1399
Fax: (717) 787-0481Persons with a disability who wish to attend the hearing should contact the Commission to make arrangements for their special needs. Call the scheduling office at the Commission at least 5 business days prior to the hearing to submit a request.
For persons who require an interpreter to participate in the hearings, the Commission will make every reasonable effort to have an interpreter present. Call the scheduling office at the Commission at least 10 business days prior to the hearing to submit a request.
• Scheduling Office: (717) 787-1399
• Pennsylvania AT&T Relay Service number for persons who are deaf or hearing-impaired: (800) 654-5988
Prehearing Order Application of PPL Electric Utilities Corporation filed pursuant to 52 Pa. Code Chapter 57, Subchapter G, for approval of the siting and construction of transmission lines associated with the Northeast-Pocono Reliability Project in portions of Luzerne, Lackawanna, Monroe, and Wayne Counties, Pennsylvania; A-2012-2340872
Petition of PPL Electric Utilities Corporation for a finding that a building to shelter control equipment at the North Pocono 230-69 kV Substation in Covington Township, Lackawanna County, Pennsylvania is reasonably necessary for the convenience or welfare of the public; P-2012-2340871
Petition of PPL Electric Utilities Corporation for a finding that a building to shelter control equipment at the West Pocono 230-69 kV Substation in Buck Township, Luzerne County, Pennsylvania is reasonably necessary for the convenience or welfare of the public; P-2012-2341105
Prehearing Order #1 The purpose of this Order
If you are receiving this Order, it is because you have been identified as a person who may have an interest in the proceedings filed with the Pennsylvania Public Utility Commission (Commission) listed in the caption, above. This Order will describe: (1) the filings involved in this proceeding; (2) the process that the Commission will follow in considering the proceedings; (3) the different options that you have for involvement; and (4) how to become a party to this case, if that is your choice.
There is no requirement that you participate; however, if you do not, then the case will proceed and be decided without your input.
1. The filings
On December 28, 2012, PPL Electric Utilities Corporation (PPL) filed its application with the Commission for authority to construct a new 230 kV transmission line approximately 58 miles in length through portions of Luzerne, Lackawanna, Monroe, and Wayne Counties. In conjunction with its application, PPL requests authority to construct two new substations, the North Pocono Substation and the West Pocono Substation, in Covington Township, Lackawanna County and Buck Township, Luzerne County respectively. These two substations will be connected to the existing 230 kV transmission system by the new 58 mile long 230 kV transmission line. PPL also requests authority to construct five new 138/69 kV lines totaling approximately 11.3 miles to connect the new North Pocono and West Pocono Substations to the existing 138/69 kV transmission system.
I will consolidate these filings for the purposes of discovery, litigation and decision.
2. The Process
The first step in the proceeding is to establish a list of parties who have a legitimate interest in the case. Options and directions for participating are included below. A prehearing conference is set for March 6, 2013, and will be held in Harrisburg in Hearing Room 2 of the Commonwealth Keystone Building, 400 North Street, at 10:00 am. On or before February 27, 2013, any entity wishing to become a party to this proceeding must file either a petition to intervene or a protest. Directions regarding how to do this appear in this Order, below. At the prehearing conference, each petition to intervene will be considered, and at the end of the prehearing conference, a parties' list will be established. Only parties will be served with notices after that date. If you do not file either a protest or a petition to intervene, your name will be dropped from the service list.
In addition, the litigation schedule for this proceeding will be set at the prehearing conference. Other matters to be decided include the number of and locations for public input hearings, if necessary, due dates for the service of direct and rebuttal testimony, dates for the evidentiary hearings and briefing, and modification of discovery rules.
The prehearing conference is for the discussion and planning of the litigation of the case. No testimony will be taken. Only lawyers representing parties of record and individual persons representing themselves as full litigants will be permitted to participate in the prehearing conference. One of the topics for discussion will be the number and location of public input hearings, if necessary, where all members of the public would be afforded an opportunity to provide testimony regarding this case. Notice of these public input hearings would be published in local newspapers prior to the dates of the hearings themselves.
Following evidentiary hearings and briefing by the parties, I will issue a recommended decision which: (1) sets forth the chronology of the case; (2) summarizes the testimony; (3) applies the relevant law; and (4) makes a recommendation to the full Commission on how to rule on the matter. The parties may file exceptions and reply exceptions to the recommended decision and a final decision of the full Commission will be issued in December 2013, unless circumstances require an extension of time.
3. Your involvement
For proceedings before the Commission, the Pennsylvania General Assembly has provided for three agencies to advocate for the public interest. The Office of Consumer Advocate is concerned with the rights of consumers, the Office of Small Business Advocate advocates for small businesses, and the Commission's Bureau of Investigation and Enforcement intervenes in cases in order to protect the interest of the general public. Any or all of these agencies may be part of this proceeding and if they are, they will scrutinize the PPL's application carefully, as well as presenting their own witnesses at the formal hearings.
If, however, you believe that your own interests need to be protected by participation in this case, the Commission recognizes your right to participate. Your actions in response to this prehearing order will be important.
In response to this prehearing order, you may proceed one of three ways:
(1) Do nothing. If you do nothing after receiving this prehearing order, your name will be removed from the service list. After the prehearing conference on March 6, 2013, you will not receive any pleadings, filings, discovery requests, written testimony or orders and decisions in this matter. You may still attend and testify at a public input hearing, as explained in the next paragraph.
(2) Attend a public input hearing. Public input hearings are held in geographical areas affected by the application for the purpose of giving citizens who do not wish to participate in the formal litigation an opportunity to express their opinions regarding the Company's proposal. In order to testify at a public input hearing, all a citizen has to do is show up and sign in. No advance registration is required. If you want to attend a public input hearing and do not wish to remain on the service list for pleadings, filings, discovery requests or orders and decisions in this matter, you are not required to do anything. Notice of the public input hearing will be published in your local newspaper two weeks before it is held.
(3) Become a party of record. As a party of record, you will be served with all of the pleadings, filings, discovery requests, written testimony and orders and decisions served and issued in this proceeding. These documents will be voluminous. Your rights as a party of record include the ability to present your own testimony and to cross-examine other witnesses at the formal hearings, and to file exceptions to the presiding officer's recommended decision. Your duties as a party of record are that you must answer all discovery requests served upon you in accordance with the Commission's rules. You will be required to serve a copy of anything that you file upon the presiding officer and each party appearing on the service list, as modified after the prehearing conference on March 6, 2013, regardless of the cost of postage. If you intend to present evidence at the formal evidentiary hearings, you will be required to submit your testimony in writing in advance, in accordance with the schedule to be set after the prehearing conference and to provide a copy of your written testimony to each party on the service list at that time. You will be expected to participate in accordance with the rules of Commission practice appearing in Title 52 of the Pennsylvania Code Chapters 1, 3 and 5. The Pennsylvania Code is available on-line at www.pacode.com. Although a natural person or a sole proprietor may appear on his or her own behalf, if you are any entity other than a natural person or a sole proprietor, (e.g., a corporation, partnership, municipality, etc.), you will be required to have an attorney represent you in accordance with the laws of Pennsylvania. See Ordering Paragraph 7, below.
To become a party of record, you must file with the Commission's Secretary either a protest to the application or a petition to intervene on or before February 27, 2013. A protest shall be in the form set forth in the Commission regulations, 52 Pa. Code § 5.51—53, and must state the grounds for the protest. A copy of your protest must be served on PPL and me in addition to being filed with the Commission's Secretary.
A petition to intervene must conform to the requirements in 52 Pa. Code §§ 5.71—76, and shall state briefly the interest of the intervenor and the objections to be raised, if any. 52 Pa. Code § 5.75(c). All timely-filed petitions to intervene will be ruled upon at the prehearing conference on March 6, 2013 or in the scheduling order to be issued following the prehearing conference.
Therefore,
It Is Ordered:
1. That a prehearing conference is scheduled for Wednesday, March 6, 2013, at 10:00 am. in Hearing Room 2 of the Commonwealth Keystone Building, Harrisburg PA 17120. Unless you are the applicant, you must file a timely protest or a petition to intervene in order to participate in the prehearing conference.
2. That the cases captioned Application of PPL Electric Utilities Corporation filed pursuant to 52 Pa. Code Chapter 57 Subchapter G, for approval of the siting and construction of transmission lines associated with the Northeast-Pocono Reliability Project in portions of Luzerne, Lackawanna, Monroe and Wayne Counties, Pennsylvania at Docket No. A-2012-2340872, Petition of PPL Electric Utilities Corporation for a finding that a building to shelter control equipment at the North Pocono 230-69 kV Substation in Covington Township, Lackawanna County, Pennsylvania is reasonably necessary for the convenience or welfare of the public at Docket No. P-2012-2340871 and Petition of PPL Electric Utilities Corporation for a finding that a building to shelter control equipment at the West Pocono 230-69 kV Substation in Buck Township, Luzerne County, Pennsylvania is reasonably necessary for the convenience or welfare of the public at Docket No. P-2012-2341105 are consolidated for purposes of discovery, litigation and disposition. The parties are directed to place the docket number of the application, A-2012-2340872 on the top of every document filed in the cases.
3. That, consistent with the publication in the Pennsylvania Bulletin, the protests or petitions for intervention shall be filed with the Commission's Secretary on or before February 27, 2013, and a copy must be served upon me and PPL Electric Utilities Corporation.
4. That a protest shall be in the form set forth in the Commission regulations, 52 Pa. Code § 5.51—53, and must set forth the grounds for the protest. A copy of your protest must be served on PPL Electric Utilities Corporation and me in addition to filing the protest with the Commission's Secretary.
5. That a petition to intervene must conform to the requirements in 52 Pa. Code §§ 5.71—76, and shall state briefly the interest of the intervenor and the objections to be raised, if any. 52 Pa. Code § 5.75(c). A copy must be served upon me and PPL Electric Utilities Corporation in addition to filing the petition to intervene with the Commission's Secretary.
6. That those individuals and entities planning on participating in the prehearing conference review the regulation pertaining to prehearing conferences, 52 Pa. Code § 5.222. Please be prepared to discuss possibilities for settlement, scheduling, the amount of hearing time necessary, and electronic service among parties. In addition, please note subsection (d), which provides, in part:
(d) Parties and counsel will be expected to attend the conference fully prepared for a useful discussion of all problems involved in the proceeding, both procedural and substantive, and fully authorized to make commitments with respect thereto. 52 Pa. Code § 5.222.7. That if you are an individual, you may either represent yourself or have an attorney licensed to practice law in the Commonwealth of Pennsylvania represent you. However, if you are a partnership, corporation, trust, association, joint venture, other business organization, trust, trustee, legal representative, receiver, agency, governmental entity, municipality or other political subdivision, you must have an attorney licensed to practice law in the Commonwealth of Pennsylvania represent you in this proceeding. Unless you are an attorney, you may not represent someone else. Attorneys shall comply with the Commission's appearance requirements. 52 Pa. Code § 1.24(b).
8. That a copy of any document filed with the Commission's Secretary or submitted shall be sent directly to me. Service on me shall be by hard copy to the following address: Administrative Law Judge David A. Salapa, Pennsylvania Public Utility Commission, Office of Administrative Law Judge, P. O. Box 3265, Harrisburg PA 17105-3265.
9. That parties review the regulations regarding discovery, particularly 52 Pa. Code § 5.331(b) advising that parties shall initiate discovery as early as possible. The parties shall conduct discovery pursuant to 52 Pa. Code §§ 5.321—5.373. I encourage the parties to cooperate and exchange information on an informal basis. The parties shall cooperate rather than engage in numerous or protracted discovery disagreements that require my participation to resolve. All motions to compel shall contain a certification by counsel setting forth the specific actions the parties have undertaken to resolve their discovery disputes informally. If a motion to compel does not contain this certification, I shall contact the parties and direct them to resolve the matter informally and provide the certification if they are unsuccessful. There are limitations on discovery and sanctions for abuse of the discovery process. 52 Pa. Code §§ 5.361, 5.371—5.372.
10. Please be prepared to schedule the case at the prehearing conference. If there is no agreement upon an acceptable schedule, the following will be imposed:
Testimony of parties
Other than the PPLMay 6, 2013 Public input hearings April 29-May 3, 2013 Rebuttal testimony June 6, 2013 Surrebuttal testimony June 17, 2013 Evidentiary hearings June 24-28, 2013 Initial briefs July 26, 2013 Reply briefs August 5, 2013 Recommended decision September 18, 2013 Exceptions October 1, 2013 Reply Exceptions October 9, 2013 Commission Order December 2013 11. A scheduling and briefing order shall be issued following the prehearing conference. Parties will be required to follow a common outline for initial briefs, and parties are encouraged to work together to develop it.
Dated: January 8, 2013
David A. Salapa,
Administrative Law Judge
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 13-112. Filed for public inspection January 18, 2013, 9:00 a.m.]
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