Procedural and scheduling order preliminary matters



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Docket No. 18437-U
IN RE: Atlanta Gas Light Company’s 2004-2007 Capacity Supply Plan

PROCEDURAL AND SCHEDULING ORDER



PRELIMINARY MATTERS

This case marks Atlanta Gas Light Company’s (“AGLC” or “Company”) second complete capacity supply plan filing under the Georgia Natural Gas Competition and Deregulation Act, O.C.G.A. § 46-4-150 et seq. (“the Code”). The Code, particularly O.C.G.A. § 46-4-155 (e), directs that at least every third year following the date when the rates for commodity sales service within a delivery group(s) become no longer subject to Georgia Public Service Commission (“Commission”) approval nor to the provisions of O.C.G.A. § 46-2-26.5, AGLC shall file, on or before August 1 of such year, a capacity plan that designates the array of available interstate capacity assets selected by AGL to for the purpose of making gas available on its system for firm distribution service to retail customers in such delivery group(s).


In October 1998, pursuant to O.C.G.A. § 46-4-155(d)(3), AGLC's rates for commodity sales service within each delivery group in Georgia became no longer subject to Commission approval and no longer subject to the provisions of O.C.G.A. § 46-2-26.5. On September 14, 2001, the Commission issued its Order for the 2001-2004 Capacity Supply Plan.
The Commission therefore orders this Procedural and Scheduling Order to identify the issues, establish discovery procedures, including expedited response times, and establish a hearing schedule. To expedite discovery given the short statutory schedule for this case, AGL is directed to meet with the Adversary Staff (“Staff”) and Consumers’ Utility Counsel (“CUC”) to arrange a discovery procedure acceptable to the three parties. If the Company, Staff and CUC are unable to mutually agree on discovery procedures, the Commission will provide for such procedures. The Commission has jurisdiction pursuant to the Code.
Atlanta Gas Light Company is hereby made a party and shall be bound by the Commission’s rulings in this docket and is directed to publish notice of this proceeding. The Adversary Staff are appointed as agents of the Commission for discovery purposes, and may conduct depositions if necessary, and shall issue notice of any such dispositions. Any use of informal discovery methods is not intended to augment or abridge any existing discovery rights and responsibilities.
In view of the expedited statutory requirements, the Commission encourages the parties to work together and reach agreements, if possible, on non-contested issues.
Pursuant to the Commission’s Utility Rule 515-2-1-.04, AGLC is directed to give first notice of this proceeding in this docket not later than thirty days after the issuance of this Procedural and Scheduling Order. The following is established as the schedule for this docket.

HEARING SCHEDULE




July 1, 2004

Atlanta Gas Light Company shall pre-file with the Executive Secretary’s Office by 4:00 p.m. an original and fifteen (15) copies of direct testimony. Accompanied therewith shall be an electronic version of the party’s filing, which shall be made on a 3½ inch diskette using Microsoft Word® format for text documents and Excel® for spread sheets. Under no circumstances should any electronic filing consist of more than four (4) files, including attachments. This filing shall be made at the office of the Executive Secretary, Georgia Public Service Commission, 244 Washington Street, S.W., Atlanta, Georgia 30334-5701.

August 17, 2004

The Adversary Staff and intervenors may pre-file with the Executive Secretary’s Office by 4:00 p.m. an original and fifteen (15) copies of direct testimony. Accompanied therewith shall be an electronic version of the party’s filing, which shall be made on a 3½ inch diskette using Microsoft Word® format for text documents and Excel® for spread sheets. Under no circumstances should any electronic filing consist of more than four (4) files, including attachments. This filing shall be made at the office of the Executive Secretary, Georgia Public Service Commission, 244 Washington Street S.W., Atlanta, Georgia 30334-5701.

August 30, 2004


AGLC, Adversary Staff, and intervenors may pre-file with the Executive Secretary’s Office by 4:00 p.m. an original and fifteen (15) copies of rebuttal testimony. Accompanied therewith shall be an electronic version of the party’s filing, which shall be made on a 3½ inch diskette using Microsoft Word® format for text documents and Excel® for spread sheets. Under no circumstances should any electronic filing consist of more than four (4) files, including attachments. This filing shall be made at the office of the Executive Secretary, Georgia Public Service Commission, 244 Washington Street S.W., Atlanta, Georgia 30334-5701.

September 8 and 9, 2004

The Commission will hear public witnesses that desire to be heard. Thereafter, the Commission will hear any outstanding motions and will then proceed to hear the testimony of the parties and intervenors. After these preliminary matters, the Commission will conduct hearings on the direct and rebuttal testimonies of AGLC, and Adversary Staff, and any intervenors. The hearing will take place at 10:00 a.m. at the Georgia Public Service Commission, Room 110, at 244 Washington Street S.W., Atlanta, Georgia 30334-5701.
September 21, 2004

All parties are to file briefs and any proposed orders in one simultaneous round by 4:00 p.m. Accompanied therewith shall be an electronic version of the party’s filing, which shall be made on a 3½ inch diskette using Microsoft Word® format for text documents and Excel® for spread sheets. Under no circumstances should any electronic filing consist of more than four (4) files, including attachments. This filing shall be made at the office of the Executive Secretary, Georgia Public Service Commission, 244 Washington Street S.W., Atlanta, Georgia 30334-5701.



September 28, 2004

The Commission shall consider and decide the issues involved in this matter at a Special Administrative Session at 10:00 a.m.

September 29, 2004 – Signed Order

In order to meet the statutory deadline of September 29, 2004, the Commission shall sign and issue an order pursuant to O.C.G.A. § 46-4-155(e)(11).

Procedure
The following are procedures to which any party to this hearing should adhere with respect to this docket:


  1. Intervention:




  1. Any person or party upon whom a statute does not confer an unconditional right to intervene must file an application to intervene within 30 days following the first published notice of the proceedings.




  1. Applications must clearly specify the docket in which the applicant seeks to intervene. In addition to the requirements prescribed in O.C.G.A. § 46-2-59 for applications for leave to intervene, the applicant must: (1) identify other intervening parties or intervening party applicants whose interest is similar to that of the applicant along with an explanation of why the identified intervening parties or intervening party applicant will not adequately represent the applicant's interest: and (2) state the applicant's present intention to submit direct testimony and by whom and on what subject. The requirements identified herein shall constitute a continuing obligation of the applicant or intervening party. Any objections to applications must be filed in accordance with O.C.G.A. § 46-2-59(d).




  1. Any application for leave to intervene that is filed late must state the reason why such application was not filed within 30 days of the first published notice. Objections to later intervention application must be filed in conformity with the requirements of O.C.G.A. § 46-2-59(d).




  1. The Commission will take up and rule on applications for leave to intervene at the first hearing date scheduled in this docket.



  1. Service:




  1. In addition to filing an original and fifteen (15) copies of documents with the Commission's Executive Secretary, an electronic version of a party’s filing shall be made on a 3½ inch diskette using Microsoft Word® format for text documents and Excel® for spread sheets. Under no circumstances should any electronic filing consist of more than four (4) files, including attachments. Copies of all pleadings, filings, correspondence, and any other documents related to and submitted in the course of this docketed matter should be served upon the following individuals, in their capacities as indicated below, and all other intervenors recognized by the Commission in this docket:

Jeffrey Stair, Esq.

Brandon Marzo, Esq.

Georgia Public Service Commission

244 Washington Street, S.W.

Atlanta, GA 30334


Kristy Holly, Director

Consumers' Utility Counsel Division

47 Trinity Avenue, 4th Floor

Atlanta, GA 30334

Pre-filed testimony shall be filed in conformity with Commission Rule 515-2-1-.04(3).
3. Testimony of Witnesses:


  1. All direct testimony shall be pre-filed by the dates set forth herein. Summations of direct testimony will take no longer than fifteen (15) minutes, unless the Commission, in its discretion, allows for a longer period of time.




  1. In the absence of a valid objection being made and sustained, the pre-filed testimony and exhibits, with corrections, will be admitted into the record as if given orally prior to the summation made by witnesses subject to a motion to strike after admission or other relevant objection.




  1. Where the testimony of a panel of witnesses is presented, cross-examination may be addressed either to the panel, in which case any member of the panel may respond, or to any individual panel member, in which case that panel member shall respond to the question.



4. Hearing Exhibits:


  1. It shall be the responsibility of the party sponsoring any hearing exhibits to see that the court reporter and all parties of record, in addition to the individual Commissioners, receive copies of all exhibits at the time of their introduction at the hearing.

******
WHEREFORE IT IS ORDERED that the Commission hereby adopts the procedures, schedules, and statements regarding the issues set forth within this Procedural and Scheduling Order;


ORDERDED FUTHER that a motion for reconsideration, rehearing, or oral argument or any other motion shall not stay the effective date of this Order, unless otherwise ordered by the Commission; and
ORDERED FURTHER that jurisdiction over this matter is expressly retained for the purpose on entering such further Order or Orders as to this Commission may seem just and proper.
The above action of the Commission during Administrative Session on the 2nd day of March 2004.

_____________________________ _ _________________________

Reece McAlister H. Doug Everett

Executive Secretary Chairman


______________________________ _ _________________________
Date Date

Docket No. 18437-U

Procedural and Scheduling Order—2004-2007 Capacity Plan

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