September 26, Dear Ms. Kale:

Transcription

1 A CMS Energy Company September 26, 2016 Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 West Saginaw Highway Post Office Box General Offices: LEGAL DEPARTMENT One Energy Plaza Jackson, MI Tel: Fax: (517) (517) CATHERINE M REYNOLDS Senior Vice President and General Counsel *Washington Office: 1730 Rhode Island Ave. N.W. Tel: (202) MELISSA M GLEESPEN Suite 1007 Vice President, Corporate Washington, DC Fax: (202) Secretary and Chief Compliance Officer Writer s Direct Dial Number: (517) Writer s Address: kelly.hall@cmsenergy.com SHAUN M JOHNSON Vice President and Deputy General Counsel H Richard Chambers Eric V Luoma Shelley J Ruckman Kimberly C Wilson Assistant General Counsel Ashley L Bancroft Robert W Beach Don A D Amato Robert A. Farr Gary A Gensch, Jr. Kelly M Hall Gary L Kelterborn Chantez P Knowles Mary Jo Lawrie Jason M Milstone Rhonda M Morris Deborah A Moss* Mirče Michael Nestor James D W Roush Scott J Sinkwitts Adam C Smith Janae M Thayer Bret A Totoraitis Anne M Uitvlugt Attorney Re: Case No. U In the matter of the application of Consumers Energy Company for authority to increase its rates for the generation and distribution of electricity and for other relief Dear Ms. Kale: Enclosed for electric filing in the above-captioned case, please find Consumers Energy Company s Motion to Correct the Transcript (Volume 7). This is a paperless filing and is therefore being filed only in a PDF format. I have also included a Proof of Service showing electronic service upon the parties. Sincerely, Kelly M. Hall cc: Hon. Dennis W. Mack, Administrative Law Judge Parties per Attachment 1 to Proof of Service fl

2 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the application of ) CONSUMERS ENERGY COMPANY ) for authority to increase its rates for ) Case No. U the generation and distribution of ) electricity and for other relief. ) ) CONSUMERS ENERGY COMPANY S MOTION TO CORRECT THE TRANSCRIPT In accordance with Rule 415(4) of the Michigan Public Service Commission s ( MPSC or the Commission ) Rules of Practice and Procedure, Mich Admin R (4), Consumers Energy Company ( Consumers Energy or the Company ) moves to correct the transcript in this case. In support of its Motion to Correct the Transcript ( Motion ), Consumers Energy states as follows: as follows: 1. Rule 415(4) of the Commission s Rules of Practice and Procedure states, in part, The presiding officer may make provision for any party to request material and relevant corrections of the transcript within a reasonable time after the filing of each volume of the transcript. If the presiding officer does not provide otherwise, any party may file with the commission, within 7 days after each volume of the transcript is filed with the commission, a request for correction of the transcript. Within 7 days after the filing of any request, other parties may file responses in support of, or in opposition to, all or part of the proposed corrections. Thereafter, the presiding officer shall, either upon the record or by order served on all parties, specify the corrections to be made to the transcript. Mich Admin R (4). 2. Consumers Energy requests the Administrative Law Judge grant its Motion because the transcript is inconsistent with the live testimony given by the witnesses. This request mo

3 is being made timely as the relevant transcript volume (Volume No. 7) was submitted to the Commission s e-docket on September 22, Company Witness Lincoln D. Warriner 3. On September 12, 2016, counsel for the Residential Customer Group ( RCG ) cross-examined Company witness Lincoln D. Warriner. During the cross-examination, RCG counsel questioned Mr. Warriner about the Enterprise Service Bus ( ESB ), which is a computer system used to store data and allow applications associated with the Advanced Metering Infrastructure network to use the data. 7 TR Counsel for the RCG further questioned Mr. Warriner on the topic of ESB as follows: Q. A. Would everything to the right of the ESB bar on this page relate to infrastructure functions that are internal to Consumers Energy? I would say that most of those are internal to Consumers Energy. There is an example on the top of that diagram for the web portal where we have a vendor that posts the web portal and customers access that web portal through the Consumers Energy web page. But the actual posting of that web portal is contracted to a company named Silver Springs. 7 TR (Emphasis added.) Consumers Energy submits that the words posts and posting in the testimony quoted above should be hosts and hosting, respectively. These changes are consistent with the live testimony of Mr. Warriner, and correct an error in transcribing Mr. Warriner s testimony that would otherwise result in a transcript that does not make sense. The context of the question and the answer clearly demonstrates that Mr. Warriner was discussing a web portal which is hosted by a third party. The use of the word post instead of host in the quotation above does not make sense, and appears to have been a clerical error in transcription, not a substantive mistake by the witness. mo

4 4. The requested corrections to the portions of the transcript related to Mr. Warriner s testimony are material and relevant. The proposed corrections reflect the words Mr. Warriner actually used and correct words that would otherwise render Mr. Warriner s responses nonsensical. The requested changes in the transcript are required to be consistent with Mr. Warriner s live testimony. WHEREFORE, Consumers Energy Company respectfully requests the Administrative Law Judge to grant the Company s requested Motion to Correct the Transcript. Respectfully submitted, CONSUMERS ENERGY COMPANY Dated: September 26, 2016 By: Kelly M. Hall (P48083) One Energy Plaza Jackson, Michigan Attorney for Consumers Energy Company Telephone: (517) mo

5 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the matter of the application of ) CONSUMERS ENERGY COMPANY ) for authority to increase its rates for ) Case No. U the generation and distribution of ) electricity and for other relief. ) ) STATE OF MICHIGAN ) ) SS COUNTY OF JACKSON ) PROOF OF SERVICE Tara L. Hilliard, being first duly sworn, deposes and says that she is employed in the Legal Department of Consumers Energy Company; that on September 26, 2016, she served an electronic copy of Consumers Energy Company s Motion to Correct the Transcript (Volume 7) upon the persons listed in Attachment 1 hereto, at the addresses listed therein. She further states that she also served a hard copy of the same document to the Hon. Dennis W. Mack, Administrative Law Judge, at the address listed in Attachment 1 by depositing the same in the United States mail in the City of Jackson, Michigan, with first-class postage thereon fully paid. Tara L. Hilliard Subscribed and sworn to before me this 26 th day of September, Samantha O Rourke, Notary Public State of Michigan, County of Jackson My Commission Expires: 10/30/21 Acting in the County of Jackson ps

6 ATTACHMENT 1 TO CASE NO. U Administrative Law Judge Hon. Dennis W. Mack Administrative Law Judge 7109 West Saginaw Highway Post Office Box mackd2@michigan.gov Counsel for the Michigan Public Service Commission Staff Heather M.S. Durian, Esq. Spencer A. Sattler, Esq. Meredith R. Beidler, Esq. Assistant Attorneys General Public Service Division 7109 West Saginaw Highway Post Office Box durianh@michigan.gov sattlers@michigan.gov beidlerm@michigan.gov Michigan Public Service Commission Staff Gary Kitts Bill Stosik Dan Blair Brian Ballinger Paul Proudfoot Bob Nichols Michigan Public Service Commission 7109 West Saginaw Highway Post Office Box kittsg@michigan.gov stosikb@michigan.gov blaird@michigan.gov ballingerb2@michigan.gov proudfootp@michigan.gov nicholsb1@michigan.gov Counsel for Attorney General, Bill Schuette John A. Janiszewski, Esq. Celeste R. Gill, Esq. Assistant Attorneys General Environment, Natural Resources, and Agriculture Division 6 th Floor Williams Building Post Office Box janiszewskij2@michigan.gov gillc1@michigan.gov novakr@michigan.gov Consultant for Attorney General Bill Schuette Sebastian Coppola, President Corporate Analytics 5928 Southgate Road Rochester, MI sebcoppola@corplytics.com Counsel for the Michigan Environmental Council ( MEC ), the Natural Resources Defense Council ( NRDC ), and the Sierra Club Christopher M. Bzdok, Esq. Joseph J. Halso, Esq. Shannon Fisk, Esq. Kimberly Flynn, Legal Assistant Karla Gerds, Legal Assistant Olson, Bzdok & Howard, P.C. 420 East Front Street Traverse City, MI chris@envlaw.com joe.halso@sierraclub.org sfisk@earthjustice.org kimberly@envlaw.com karla@envlaw.com Counsel for Wal-Mart Stores East, LP and Sam s East, Inc. Melissa M. Horne, Esq. Higgins, Cavanagh & Cooney, LLP 123 Dyer Street Providence, RI mhorne@hcc-law.com Page 1 of 3

7 ATTACHMENT 1 TO CASE NO. U Counsel for Hemlock Semiconductor Corporation ( HSC ) Jennifer Utter Heston, Esq. Fraser Trebilcock Davis & Dunlap, P.C. 124 West Allegan, Suite 1000 Lansing, MI jheston@fraserlawfirm.com Counsel for the Michigan State Utility Workers Council, Utility Workers Union of America, AFL-CIO John R. Canzano, Esq. Lilyan N. Talia, Esq. McKnight, Canzano, Smith, Radtke & Brault, P.C. 423 North Main Street, Suite 200 Royal Oak, MI jcanzano@michworklaw.com ltalia@michworklaw.com Counsel for the Kroger Company Kurt J. Boehm, Esq. Jody Kyler Cohn, Esq. Boehm, Kurtz & Lowry 36 East Seventh Street, Suite 1510 Cincinnati, Ohio kboehm@bkllawfirm.com jkylercohn@bkllawfirm.com Anthony J. Szilagyi, Esq. Law Offices of Anthony J. Szilagyi, PLLC 110 South Clemens Avenue Lansing, MI szilagyilaw@sbcglobal.net Consultant for the Kroger Company Kevin Higgins Energy Strategies, LLC Parkside Towers 215 South State Street, Suite 200 Salt Lake City, UT khiggins@energystrat.com Counsel for the Association of Businesses Advocating Tariff Equity ( ABATE ) Robert A. W. Strong, Esq. Clark Hill PLC 151 S. Old Woodward Avenue, Suite 200 Birmingham, MI rstrong@clarkhill.com Michael Pattwell, Esq. Leland R. Rosier, Esq. Sean P. Gallagher, Esq. Clark Hill PLC 212 East Grand River Avenue Lansing, MI mpattwell@clarkhill.com lrrosier@clarkhill.com sgallagher@clarkhill.com Consultant for the Association of Businesses Advocating Tariff Equity ( ABATE ) James Dauphinais James Selecky Brubaker & Associates, Inc. Physical Address Swingley Ridge Road, Suite 140 Chesterfield, MO Mailing Address Post Office Box St. Louis, MO jdauphinais@consultbai.com jtselecky@consultbai.com Counsel for the Michigan Cable Telecommunications Association ( MCTA ) David E. S. Marvin, Esq. Fraser Trebilcock Davis & Dunlap, P.C. 124 West Allegan Street, Suite 1000 Lansing, MI dmarvin@fraserlawfirm.com Page 2 of 3

8 ATTACHMENT 1 TO CASE NO. U Counsel for the Residential Customer Group and Michelle Rison Don L. Keskey, Esq. Brian W. Coyer, Esq. Public Law Resource Center PLLC 333 Albert Avenue, Suite 425 East Lansing, MI donkeskey@publiclawresourcecenter.com bwcoyer@ publiclawresourcecenter.com Counsel for Midland Cogeneration Venture Limited Partnership ( MCV ) David R. Whitfield, Esq. Warner Norcross & Judd, LLP 111 Lyon Street, N.W. 900 Fifth Third Center Grand Rapids, MI dwhitfield@wnj.com Charles E. Dunn, Esq. Midland Cogeneration Venture, LP 100 Progress Place Midland, MI cedunn@midcogen.com Counsel for Energy Michigan Timothy J. Lundgren, Esq. Laura A. Chappelle, Esq. John W. Sturgis, Esq. Varnum, LLP The Victor Center, Suite North Washington Square Lansing, MI tjlundgren@varnumlaw.com lachappelle@varnumlaw.com jwsturgis@varnumlaw.com Counsel for ChargePoint, Inc. Timothy J. Lundgren, Esq. Varnum, LLP The Victor Center, Suite North Washington Square Lansing, MI tjlundgren@varnumlaw.com Alex Zakem Concord Drive Plymouth, MI AJZ-Consulting@comcast.net Colleen Quinn, Esq. Kevin Miller, Esq. ChargePoint, Inc. 254 East Hacienda Avenue Campbell, CA colleen.quinn@chargepoint.com kevin.miller@chargepoint.com Counsel for Environmental Law & Policy Center Margrethe Kearney, Esq. Robert Kelter, Esq. Kristin Field, Legal Assistant Environmental Law & Policy Center 1007 Lake Drive SE Grand Rapids, MI mkearney@elpc.org rkelter@elpc.org kfield@elpc.org Bradley Klein, Esq. Environmental Law & Policy Center 35 East Wacker Drive, Suite 1600 Chicago, IL bklein@elpc.org Consultant for Energy Michigan Alex Zakem Concord Drive Plymouth, MI AJZ-Consulting@comcast.net Page 3 of 3