2 BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

Transcription

1 1 1 STATE OF MICHIGAN 2 BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION 3 In the matter of the Application of DTE ELECTRIC COMPANY for Authority to Case No. U Implement a Power Supply Cost Recovery Plan in its Rate Schedules for 2019 Volume No. 1 5 Metered Jurisdictional Sales of Electricity. 6 / 7 PREHEARING 8 Proceedings held in the above-entitled matter 9 before Sharon L. Feldman, J.D., Administrative Law Judge 10 with MAHS, at the Michigan Public Service Commission, West Saginaw Highway, Lake Michigan Room, Lansing, 12 Michigan, on Wednesday, December 5, 2018, at 9:35 a.m. 13 APPEARANCES: 14 DAVID S. MAQUERA, J.D. DTE Energy 15 One Energy Plaza, #688WCB Detroit, Michigan On behalf of DTE Electric Company 17 SEAN P. GALLAGHER, J.D. 18 Clark Hill, PLC 212 Cesar E. Chavez Avenue 19 Lansing, Michigan On behalf of Association of Businesses Advocating Tariff Equity 21 TRACY J. ANDREWS, J.D. (Telephonically) 22 Olson, Bzdok & Howard PC 420 East Front Street 23 Traverse City, Michigan On behalf of Michigan Environmental Council 25 (Continued)

2 2 1 APPEARANCES Continued): 2 BENJAMIN J. HOLWERDA, Assistant Attorney General West Saginaw, Floor 3 Lansing, Michigan On behalf of the Michigan Public Service 5 Commission Staff REPORTED BY: Lori Anne Penn, CSR

3 3 1 Lansing, Michigan 2 Wednesday, December 5, At 9:35 a.m (Hearing commenced pursuant to due notice.) 6 JUDGE FELDMAN: On the record. Good 7 morning. We are opening a record in Michigan Public 8 Service Commission Case No. U-20221, entitled In the 9 matter of the application of DTE Electric Company for 10 authority to implement a power supply cost recovery plan 11 in its rate schedules for 2019 metered jurisdictional 12 sales of electricity. This is the time and place 13 designated by the Commission for a prehearing conference. 14 For the record, my name is Sharon 15 Feldman. 16 I'm going to ask the counsel present to 17 place their appearances on the record, please; and I note 18 that Ms. Andrews is participating by phone. Ms. Andrews, 19 I will call on you when it is your time to put your 20 appearance on the record. Mr. Maquera. 21 MR. MAQUERA: Good morning, your Honor. 22 Thank you. Appearing on behalf of DTE Electric Company, 23 my name is David S. Maquera. And also appearing in this 24 case on behalf of DTE Electric Company is Jon P. 25 Christinidis.

4 4 1 JUDGE FELDMAN: Thank you. 2 Mr. Gallagher. 3 MR. GALLAGHER: Good morning, Judge 4 Feldman. Sean Gallagher of Clark Hill, PLC, on behalf of 5 the Association of Businesses Advocating Tariff Equity, 6 also referred to as ABATE. My colleagues Michael J. 7 Pattwell and Stephen A. Campbell also have filed 8 appearances in this matter. 9 JUDGE FELDMAN: All right. Thank you. 10 Mr. Holwerda. 11 MR. HOLWERDA: Good morning, your Honor. 12 Ben Holwerda, Emily Jefferson, and Amit Singh on behalf 13 of the MPSC Staff. 14 JUDGE FELDMAN: Thank you. And 15 Ms. Andrews. 16 MS. ANDREWS: Good morning, your Honor. 17 T.J. Andrews with Olson, Bzdok & Howard on behalf of the 18 Michigan Environmental Council. 19 JUDGE FELDMAN: All right. Before we 20 proceed any further, Mr. Maquera, was the Company able to 21 comply with the Executive Secretary's instructions 22 regarding notice of this matter? 23 MR. MAQUERA: Yes, your Honor. The 24 Executive Secretary instructed DTE Electric Company to 25 mail by November 21 of 2018 a Notice of Hearing to all

5 5 1 cities, incorporated villages, townships, and counties in 2 its electric service area, and also to intervenors in 3 Case Nos. U and U Proof of Service was to 4 be filed by today's prehearing conference on December 5. 5 DTE Electric did comply with furnishing such Notice and 6 also filing its Proof of Service by the deadline. 7 In addition, the Company was directed to 8 publish the Notice of Hearing in daily newspapers in 9 general circulation throughout its electric service area 10 by November 21, with Proof of Publication to be filed by 11 today's date, and DTE Electric did accomplish that by 12 November 15, and also filed Proof of Publication I 13 believe yesterday with the MPSC. 14 And finally, DTE Electric Company was 15 instructed to serve a copy of written testimony and 16 exhibits as filed with the Commission upon parties that 17 have filed petitions to intervene in this case, and I 18 believe that was taken care of by yesterday, your Honor. 19 JUDGE FELDMAN: All right. Thank you. 20 Mr. Holwerda, did Staff have any concerns regarding 21 notice? 22 MR. HOLWERDA: Staff has no concerns, 23 your Honor. 24 JUDGE FELDMAN: All right. Very good. 25 Then let me note for the record that there are no members

6 6 1 of the public here wishing to make a comment. 2 So let me turn to the Petitions to 3 Intervene and ask if there are any objections to the 4 intervention of the Michigan Environmental Council or the 5 Association of Businesses Advocating Tariff Equity, also 6 known as ABATE? 7 MR. MAQUERA: No objections, your Honor. 8 MR. HOLWERDA: Staff has no objection. 9 JUDGE FELDMAN: All right. Then those 10 interventions are granted. 11 Other than setting a schedule, is there 12 anything else we need to take up at the prehearing 13 conference this morning? (No response.) 14 All right. It's my understanding that 15 before we went on the record, that the parties were able 16 to reach an agreement on a consensus schedule. So that 17 Ms. Andrews might best hear me, or hear the schedule, let 18 me see if I can take a shot at reciting the schedule, and 19 I'll ask everybody to confirm it afterwards. It's my 20 understanding the consensus schedule calls for Staff and 21 intervenor testimony to be filed on or before March 14, ; with rebuttal testimony due on or before April 18, ; motions to strike testimony and exhibits would then 24 be due by May 2, 2019; with written replies due by May 9, Cross-examination would be scheduled for May 13

7 7 1 and 14, Initial briefs would be due June 13, 2019; 2 reply briefs would be due July 11, 2019; and I would set 3 a PFD target date of August 15, And of course, 4 with PFD target dates, if you want a more precise or 5 reliable estimate, feel free to ask me at the time of the 6 hearing. 7 The parties, it's my understanding, have 8 also agreed to discovery turnaround of ten business days/ 9 best efforts up until the Staff and intervenor filing 10 date of March 14, 2019, with a five business days/ 11 best-efforts turnaround after that date. 12 Mr. Maquera, is that schedule acceptable? 13 MR. MAQUERA: Yes, it is, your Honor. 14 JUDGE FELDMAN: Mr. Gallagher? 15 MR. GALLAGHER: It is, your Honor. 16 JUDGE FELDMAN: Mr. Holwerda? 17 MR. HOLWERDA: It is, your Honor. 18 JUDGE FELDMAN: Ms. Andrews? 19 MS. ANDREWS: Yes, your Honor. 20 JUDGE FELDMAN: All right. That will be 21 the schedule that we set in this matter. Is there 22 anything else at all before we adjourn from anybody? (No 23 response.) 24 Thank you, all, very much for making this 25 so easy this morning. We are adjourned.

8 8 1 MR. MAQUERA: Thank you, your Honor. 2 MR. HOLWERDA: Thank you, your Honor. 3 MR. GALLAGHER: Thank you, your Honor. 4 JUDGE FELDMAN: Ms. Andrews, do you need 5 to talk to anybody here? 6 MS. ANDREWS: I do not. Thank you, your 7 Honor. 8 JUDGE FELDMAN: All right. Have a good 9 day. Thank you. 10 (At 9:40 a.m., the hearing was adjourned to May and May 14, 2019, for cross-examination.)

9 C E R T I F I C A T E 4 I, Lori Anne Penn, do hereby certify that I 5 reported in stenotype the proceedings had in the 6 within-entitled matter, that being Case No. U-20221, 7 before Sharon L. Feldman, Administrative Law Judge with 8 MAHS, at the Michigan Public Service Commission, Lansing, 9 Michigan, on Wednesday, December 5, 2018; and do further 10 certify that the foregoing transcript, consisting of 11 Volume 1, is a true and correct transcript of my 12 stenotype notes Lori Anne Penn, CSR Grand River Avenue 17 Farmington, Michigan metrostate@sbcglobal.net Dated: