0096 - Electronic Case Filings

STATE OF MICHIGAN
DEPARTMENT OF ATTORNEY GENERAL
P.O. BOX 30755
LANSING, MICHIGAN 48909
BILL SCHUETTE
ATTORNEY GENERAL
October 24, 2014
Sherri A. Wellman
Miller, Canfield, Paddock and Stone, P.L.C.
One Michigan Avenue, Suite 900
Lansing, Michigan 48933
Dear Ms. Wellman:
RE:
MPSC Case No. U-17682
Enclosed regarding the above-captioned case please find the Attorney General’s
Motion to Modify Schedule together with a Notice of Hearing and Proof of Service.
Sincerely,
Michael Moody
2014.10.24 15:20:41
-04'00'
Michael E. Moody (P51985)
Assistant Attorney General
Environment, Natural Resources, and Agriculture
Division
(517) 373-7540
MEM/wjc
Enclosures
c: All Parties
PROOF OF SERVICE - U-17682
The undersigned certifies that a copy of the Attorney General’s Motion to
Modify Schedule was served upon the parties listed below by e-mailing the same to
them at their respective email addresses on the 24th day of October, 2014.
Michael Moody
2014.10.24 15:20:57 -04'00'
____________________________________
Michael E. Moody
Wisconsin Energy Corp., et. al.:
Ronald W. Bloomberg, Esq.
Sherri A. Williams, Esq.
Michael C. Rampe, Esq.
Miller Canfield
One Michigan Ave., Suite 900
Lansing, MI 48933
[email protected]
[email protected]
[email protected]
Tilden Mining Company, L.C., and
Empire Iron Mining Partnership:
Jennifer Utter Heston, Esq.
Fraser Trebilcock Davis & Dunlap, PC
124 W. Allegan, Suite 1000
Lansing, MI 48933
[email protected]
Fibrek:
Shaun M. Johnson, Esq.
Richard J. Aaron, Esq.
Theodore J. Greeley, Esq.
Dykema Gossett, PLLC
Capitol View
201 Townsend St., Suite 900
Lansing, MI 48933
[email protected]
[email protected]
[email protected]
MPSC Staff:
Spencer A. Sattler
Bryan A. Brandenburg
Assistant Attorneys General
Public Service Division
6545 Mercantile Way, Suite 15
Lansing, MI 48911
[email protected]
[email protected]
Verso Paper Corp.
Timothy J. Lundgren, Esq.
Laura Chappelle, Esq.
Varnum, LLP
201 N. Washington Square, Suite 910
Lansing, MI 48933
[email protected]
[email protected]
Citizens Against Rate Excess:
John R. Liskey, Esq.
921 N. Washington Ave.
Lansing, MI 48906
[email protected]
Attorney General Bill Schuette:
John A. Janiszewski
Michael E. Moody
Assistant Attorneys General
525 W. Ottawa St.
Williams Building, 6th Floor
P.O. Box 30755
Lansing, MI 48909
[email protected]
Administrative Law Judge:
Hon. Sharon L. Feldman
611 W. Ottawa St.
Ottawa Building, 2nd Floor
Lansing, MI 48933
[email protected]
1
STATE OF MICHIGAN
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
In the matter of the joint application of
Wisconsin Energy Corporation and Integrys
Energy Group, Inc., for approval, pursuant to
MCL 460.6q, for the transfer or control of
Wisconsin Public Service Corporation and
Michigan Gas Utilities Corporation; and the
Joint request of Wisconsin Public Service
Corporation, Michigan Gas Utilities Corporation
And Wisconsin Electric Power Applicants for waivers
From, or declarations regarding the applicability
Of, the code of conduct and affiliate transaction
Guidelines and related approvals.
________________________________________________/
Case No. U-17682
NOTICE OF HEARING
To:
All Counsel of Record
PLEASE TAKE NOTICE that the Attorney General's Motion to Modify
Schedule will be heard on Tuesday, October 28, 2014 at 3:00 p.m. or as soon
thereafter as counsel may be heard before the Honorable Sharon L. Feldman in her
courtroom located at Constitution Hall, Lansing, Michigan 48909.
Respectfully submitted,
Bill Schuette
Attorney General
Michael Moody
2014.10.24 15:21:20
-04'00'
Michael E. Moody (P51985)
Assistant Attorney General
Environment, Natural Resources, and
Agriculture Division
6th Floor, G. Mennen Williams Bldg.
525 W. Ottawa Street
Lansing, MI 48909
(517) 373-7540
Dated: October 24, 2014
STATE OF MICHIGAN
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
In the matter of the joint application of
Wisconsin Energy Corporation and Integrys
Energy Group, Inc., for approval, pursuant to
MCL 460.6q, for the transfer or control of
Wisconsin Public Service Corporation and
Michigan Gas Utilities Corporation; and the
Joint request of Wisconsin Public Service
Corporation, Michigan Gas Utilities Corporation
And Wisconsin Electric Power Applicants for waivers
From, or declarations regarding the applicability
Of, the code of conduct and affiliate transaction
Guidelines and related approvals.
________________________________________________/
Case No. U-17682
Attorney General's Motion to Modify the Schedule in
Docket No. U-17682
NOW COMES Bill Schuette, Attorney General of Michigan, by and through
Michael E. Moody, Assistant Attorney General, and hereby requests that the
presiding Administrative Law Judge (“ALJ”) modify the schedule in Docket No. U17682 pursuant to Rule 315 [R460.17315]. In support, the Attorney General states
as follows:
1.
On August 6, 2014, Wisconsin Energy Corporation and Integrys
Energy Group (“Joint Applicants”) filed an Application requesting the Commission
to approve its proposed action pursuant to Section 6q of 2008 PA 286; MCL 460.6q.
2. A prehearing conference was held August 29, 2014, before ALJ Sharon L.
Feldman. At the prehearing conference, the Attorney General’s Notice of
Intervention was granted. The ALJ has also granted Petitions for Leave to
Intervene filed by Citizens Against Rate Excess (CARE); Tilden Mining Company,
L.C.; Empire Iron Mining Partnership; Verso Paper Corporation; Fibrek; and
Cloverland Electric Cooperative. . The Commission Staff have also participated in
the proceedings. According to the original schedule established by the ALJ, Staff
and Intervenor direct testimony and exhibits were due on October 17, 2014. The
parties agreed upon new dates, per a September 30, 2014 stipulation, which moved
the filing requirement for Staff and Intervenor testimony to October 31, 2014.
3. The Attorney General has diligently pursued analysis of the Application
during the pendency of this case. Given the nature of the Application, that analysis
has been complex and time-consuming. Based upon his analysis, the Attorney
General has concluded that it is prudent to pursue discussions on securing a global
energy solution for Michigan’s Upper Peninsula. Such discussions have taken place
during the pendency of this case in order to determine whether a suitable solution
could be negotiated upon terms and conditions acceptable to the parties. Despite the
parties’ diligent efforts, the existing case schedule does not provide the necessary
time to build upon productive discussions and adequately explore potential options.
Although a suitable solution may be achievable and is worthy of pursuit, the
Attorney General needs additional time to evaluate any and all potential
transactions.
4. The Attorney General is proposing to modify the schedule in this docket in
the manner set forth in the attached stipulation. If all the parties and the ALJ
agree to the stipulation, a hearing on the motion may not be necessary. This
extension avoids the parties being forced to prematurely abandon productive
discussions that have not been finalized.
5. Accordingly, the Attorney General requests that the schedule in this docket
be modified in the manner set forth on Attachment A of this Motion.
Relief Requested
For the reasons stated above, the Attorney General respectfully requests the
Administrative Law Judge adopt the schedule set forth in Attachment A for these
proceedings and grant the Attorney General such other and further relief as is just
and reasonable.
Respectfully submitted,
Bill Schuette
Attorney General
Michael Moody
2014.10.24 15:21:38 -04'00'
Michael E. Moody (P51985)
John A. Janiszewski (P74400)
Assistant Attorneys General
Environment, Natural Resources, and
Agriculture Division
6th Floor, G. Mennen Williams Bldg.
525 W. Ottawa Street
Lansing, MI 48909
(517) 373-7540
Dated: October 24, 2014
Attachment A
STATE OF MICHIGAN
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
In the matter of the joint application of
Wisconsin Energy Corporation and Integrys
Energy Group, Inc., for approval, pursuant to
MCL 460.6q, for the transfer or control of
Wisconsin Public Service Corporation and
Michigan Gas Utilities Corporation; and the
Joint request of Wisconsin Public Service
Corporation, Michigan Gas Utilities Corporation
And Wisconsin Electric Power Applicants for waivers
From, or declarations regarding the applicability
Of, the code of conduct and affiliate transaction
Guidelines and related approvals.
________________________________________________/
Case No. U-17682
STIPULATION
Now Come the parties hereto, by and through their respective counsel, and hereby
stipulate and agree to revise the remaining case schedule and request that the
presiding officer enter a Scheduling Order adopting revised dates as follows:
Existing
Revised
Staff and Intervenor Testimony
10/31/14
1/9/15
Rebuttal Testimony
11/10/14
1/19/15
Motions to Strike
11/13/14
1/22/15
Responses to Motions to Strike
11/17/14
1/26/15
Cross-Examination of all parties
11/19,21,24,25/14
1/26-30/15
Initial Briefs
12/8/14
2/16/15
Reply Briefs
12/18/14
2/26/15
PFD Target Date
1/12/15
3/23/15
Exceptions
1/20/15
3/31/15
Attachment A
Replies to Exceptions
1/27/15
4/7/15
The parties further agree that the 180-day period, as set forth in MCL
460.6q(5) commences on October 31, 2014.
Respectfully submitted.
Dated: October 28, 2014
Counsel for Attorney General
___________________________
By one of his Attorneys
Michael Moody
John Janiszewski
525 W. Ottawa St. 6th Floor
G. Mennen Williams Bldg.
Lansing, MI 48909
Dated: October ___, 2014
Counsel for Wisconsin Energy Corporation,
Integrys Energy Group, Inc., Wisconsin Public
Service Corporation, Michigan Gas Utilities
Corporation, Wisconsin Electric Power
Company
________________________________
By One Of Its Attorneys
Ronald W. Bloomberg
Sherri A. Wellman
Michael C. Rampe
Miller Canfield
One Michigan Ave., Ste. 900
Lansing, MI 48933
Dated: October ______, 2014
Counsel for Tilden Mining Company L.C. and
Empire Iron Mining Partnership
_______________________________
By Its Attorney
Jennifer Utter Heston
Fraser Trebilcock Davis & Dunlap, PC
124 W. Allegan, Ste. 1000
Lansing, MI 48933
Attachment A
Dated: October ______, 2014
Counsel for CARE
_______________________________
By Its Attorney
John R. Liskey
921 N. Washington Ave.
Lansing, MI 48906
Dated: October ______, 2014
Counsel for MPSC Staff
_______________________________
By One Of Its Attorneys
Spencer A. Sattler
Bryan A. Brandenburg
6520 Mercantile Way, Ste. 1
Lansing, MI 48911
Dated: October ______, 2014
Counsel for Fibrek & Cloverland
Electric Cooperative
__________________________________
By One Of Its Attorneys
Shaun M. Johnson
Richard J. Aaron
Theodore J. Greeley
Dykema Gossett PLLC
Capitol View, 201 Townsend, Ste. 900
Lansing, MI 48933
Dated: October ______, 2014
Counsel for Verso Paper Corp.
__________________________________
By One Of Its Attorneys
Timothy Lundgren
Laura Chappelle
Varnum Law
201 N. Washington Sq., Ste. 910
Lansing, MI 48933