All right. All right. Getting a little bit of an echo, but welcome. Let's see. Here we are. So Mr. Lungren are Mr. ohms
Are you here? Mr. ohms? Excellent. I just got access. Okay. Good morning, Your Honor. Good morning
all right. Um
I think that I have checked in everybody that I am expecting to to appear and speak on behalf of party this morning. But if there's anybody else that I've missed, please raise your hand and we will try to get any tech issues resolved
all right before we before we had everybody. Mr. Templeton did want to note for everybody that he and Ms. Urban have a conflict with the last two days across in the schedule. So it would be my expectation that if necessary, we would be able to take solidarities or we want green twos witnesses out of order. Does anybody have anything else that they want to raise before we go on the record and take care of all of the many things we have to take care of this morning? Okay. Miss pan Are you all set? Your Sam thank you all right
um, the record Good morning, all we are opening a record in Michigan Public Service Commission case number u 21297. Entitled in the matter of the application of DTE electric company, for authority to increase its rates, amend its rate schedules and rules governing the distribution and supply of electric energy and for miscellaneous accounting authority. This is the date and time set by the commission for a pre hearing conference in this matter. For the record. My name is Sharon Feldman and I will be the presiding officer let me note that we are holding this pre hearing using Microsoft Teams. And the participation information was provided to all parties filing appearances counsel for all those parties and as well to anybody else who requested to observe the proceedings today. Let me first ask the council president to place their appearances on the record please, Mr. Christian itis.
Good morning, Your Honor. John Chris tinnitus on behalf of DTE Electric Company.
Thank you, Mr. sonnenfeldt.
Good morning, Your Honor. Daniel Sonneveld and Monica Stephens on behalf of commission staff.
Thank you, Miss Andrews. Good morning, Your Honor. TJ Andrews, on behalf of Attorney General Dana Nestle Thank you, Mr. biztech.
Good morning, Your Honor. Christopher biz doc on behalf of the Michigan Environmental Council, the Natural Resources Defense Council, Sierra Club, and citizens Utility Board of Michigan.
Thank you Mr. ohms.
Morning, Your Honor. Justin owns on behalf of energy Michigan, the foundry Association of Michigan ChargePoint Bloom Energy and the Michigan energy innovation Business Council The Institute for Energy Innovation and Advanced Energy united.
Thank you Mr. Gallagher.
Good morning judge. Feldman, Sean Gallagher, law firm or free. PC on behalf of the Michigan Cable Telecommunications Association
Could you repeat that please?
You're frozen?
Give him a minute. Could you reenter your appearance please feel frozen.
George, I did get everything he said just the law firm was incomplete. But I know the law firm. I'm
concerned that he can't hear us proceed. I think maybe he's tried to reestablish his connection.
Judge I can hear you Okay. Good. So we were we were able to get your appearance. Can you still hear me?
Yes, I can hear you. All right. Mr. Campbell. Morning, Your Honor. Steve Campbell
Clark Hill PLC on behalf of the Association of businesses advocating tariff equity.
Thank you, Miss Heston.
Good morning, Your Honor and Jennifer Heston of the law firm of Fraser trebilcock. Davis and Dunlap appearing on behalf of Gerdau MC steel Incorporated. Thank you, Mr. King.
Good morning venting on behalf of utilities worker Union of America local 223.
Thank you, Mr. Abrams.
Morning, Your Honor Daniel Abrams from the Environmental Law and Policy Center, appearing on behalf of the Ecology Center, the Environmental Law and Policy Center, the Union of Concerned Scientists and vote solar, collectively known as the clean energy organizations. Thank you.
Thank you, Miss braider. Good morning, Your
Honor. Valerie braider and Valerie Jackson of bourbon oak law on behalf of the city of Ann Arbor and the Michigan Municipal Association for utility issues.
Thank you, Mr. kasky. Good morning, Your
Honor. Don Caskey and Brian coyer for the Great Lakes Renewable Energy Association. And Don Caskey and Brian coyer for the residential customer group. Thank you, this urban
Good morning, Your Honor. Amanda urban on behalf of solidarity and we want green to collectively known as the Detroit advocacy, Detroit area advocacy organizations Thank you.
Thank you, Mr. Vijay Carr.
Good morning, Your Honor.
The law firm of keys and Fox LLP. Nikhil Jaykar on behalf of ego Services, LLC.
Thank you this puzzle it's good morning, Your Honor. Hanna buzzwords on behalf of International transmission company. I'd also like to enter the appearance of Richard Aaron Olivia flower and Lisa egg remonte. Thank you. Thank you and Mr. Boehm. Good morning, Your Honor Kurt bein appearing on behalf of the Kroger Company. All right. Before we proceed further, Mr. Chris tinnitus can you indicate for the record whether DTE electric company was able to comply with the Commission's February 1020 23 instructions regarding notice of this matter?
Certainly, Your Honor. It appears service and publication was accomplished consistent with the executive secretaries direction notice of hearing was sent to all cities incorporated villages, townships and counties in the company's electric service area before February 21 2023. And the company accomplished publication of the notice of hearing and newspapers in the company's electric service area. And finally, yesterday the company served all of the persons who submitted a petition to intervene in this proceeding with a copy of the company's direct testimony and exhibits in this proceeding. Thank you for that and I'll note for the record, Your Honor, those those proofs are had been uploaded to the Commission's website in this docket for review.
Thank you, Mr. Sonnenfeld. Did staff have any concerns at all regarding a notice of this case?
No, Your Honor. All right.
Let me know before we turn to interventions and I note that we have many people observing this proceeding today. For the record there are two ways that interested persons can participate. One is by filing a petition to intervene and I will turn to those shortly. But first, let me know that the Commission notice also provided for anyone who wanted to participate without intervening to make a comment under Rule 413 of the Commission's rules of practice and procedure. By doing so, in writing, and the instructions are provided in the Commission's notice of hearing on how to make a comment in writing. The instructions indicate that a comment may be emailed to the Commission at MPSC dockets@michigan.gov comments written comments may also be mailed to the executive secretary at the Michigan Public Service Commission 7109 West second highway, Lansing, Michigan 48917. And in addition, let me note that written comments may also be made directly through the Commission's website by which is www.michigan.gov/mpsc. There is a tab under that first heading called E dockets, one would click on that E docket tab enter the case number which is 21297. Click on that case number again, and there will be a button on the website
that states that submit
comments and that will provide further instruction and as set forth in the notice there is also a phone number that that can the parties are interested persons who want to make written comments may call to if they are having any difficulty at all or have any questions with how to do that. And that number is 517-284-8090. And let me also note that it's my understanding that the commission is going to allow persons who want to make public comment to do so at a public hearing the dates of that pup the date for that public hearing has not been set. You can keep an eye on this the docket for this case the you 21297 docket for that I would expect that it may be scheduled sometime in April. And further let me know that while all of the Council for the parties are welcome to attend, such attendance would not be required and a transcript will be prepared of that public hearing. Now, let me turn to the petitions to intervene that had been filed in this matter. And let me ask if there are any objections to the petitions to intervene, filed by the Attorney General Dana Nestle which is a notice of intervention of petitions to intervene filed by the Michigan Environmental Council, the Natural Resources Defense Council, the Sierra Club, the citizens Utility Board of Michigan energy Michigan. The Michigan energy innovation Business Council, Advanced Energy united the Institute for Advanced Energy ChargePoint Inc. Bloom Energy Corporation, the foundry Association of Michigan, the Michigan Cable Telecommunications Association, the Association of businesses advocating tariff equity known as the bait to Adamic steal the local 223 Utility Workers Union of America AFL CIO, the Clean Energy organizations including Environmental Law and Policy Center vote solar, the Ecology Center and the Union of Concerned science scientists. My Maui, the city of Ann Arbor Great Lakes Renewable Energy Association, residential customer group, the Detroit area advocacy organizations including solidarity and we want to bring to Evie go Services LLC international transmission company or ITC or the late petition to intervene filed by Kroger Inc. And finally, let me know that I'm also asking whether there are any objections to the petition to intervene of Walmart Inc. With Miss Horne, having indicated that she is not available to attend this pre hearing today. Mr. Chris Preston itis any objections to those interventions?
No, Your Honor. Mr. sonnenfeldt.
The staff have any objections to those interventions?
No, Your Honor.
Very well.
Those interventions are granted. Did I miss anybody
All right.
Thank you. Now let me turn to
one other item before we take up the schedule in this matter. Let me note that prohibit V chain motions have been filed for the following counsel to practice temporarily in this case, in accordance with the Michigan court rules that would be prologue V chain motions for Mr. V. Jaykar. Mr. Abrams, and Mr. Templeton, I believe I have all of the paperwork that I need to approve those motions and it would be my intention to do so effective today. If there are no objections, does anybody have any objections at all?
No objections from the company, Your Honor. Thank you.
Then those motions are granted and I will issue written rulings confirming those effective today at my earliest opportunity. And it's my further understanding that Mr. Boehm will be filing that counsel for Kroger Inc. Will be filing a motion for Mr. Bank to practice prohibit v j as well. And I will use the procedure that we adopt for handling PROAC V chain motions for that which we will get to subsequently. But as the schedule is one of the key items that we need to take up at the hearing the pre hearing this morning. Let's turn to that. It's my understanding that after a great deal of effort the parties have come up with a consensus schedule for handling this case. And that's schedule
calls for
death and intervene or filings to be made on or before June 13 2023 With rebuttal filings due July 7 2023. motions to strike would then be due July 13 2023. responses to any such motions July 17 2023. Cross Examination would be scheduled as necessary. July 19 20th, and 21st. And July 24 and 25th. Initial briefs would then be due August 15 2023. Reply briefs September 1 2023. I would set a PFD target date of October 5, although I'm telling you now I believe October 6 is a much more likely target date. We can take that up when we have cross examination. Reply briefs will then be due um Excuse me. Exceptions to the PFD would then be due October 27 2023 replies to exceptions would be due November 8 2023. And that would give the commission time to issue its final order by the statutory deadline.
Your Honor Did you capture the reply brief date of
the reply brief date of September 1 initial briefs would be due October, excuse me, initial briefs would be due August 15. Reply rates would be due September 1. If I skipped over that I apologize proposal the proposal for decision target date will then be October 5. And
your company Your Honor, we have agreed with that schedule. I'm not sure we've heard from everyone but my impression is the same as yours is that all those who have filed petitions. Nobody who's filed a petition to intervene has objected to my knowledge.
All right, and the parties where the party is able to agree on Discovery turn around
I believe we would. Again, same circumstance lot lot of folks in a short period of time but I believe the it's typically eight days and five days best efforts turnaround and the company would be amenable to that.
And that that's eight business days up until the staffing intervener filing date and five business days thereafter on a best efforts basis for all correct, Your Honor. And Mr. Sanibel you put the initial schedule together that
yeah, that's my understanding too from for myself and my client. And again to echo Mr. Chris Snyder's statement. I haven't received any objections with respect to the schedule, or proposed discovery and in fact, most of the comments have been positive, particularly with the schedule and we've tried to incorporate all of the comments that we have received are subject to I know Mr. Templeton will be speaking on one particular his particular issue. Yes, I would thank Mr. Sonneveld for a lot of hard work, organizing all these exchanges. It's been very helpful and company appreciates it.
I also always appreciate the party's efforts to resolve scheduling issues and I know it's very difficult in these 10 month cases. These dates have their various different challenges at the different points of the schedule. It's not necessarily a schedule that I would have set left my own advice, my own devices, but I really understand all the work that went into it. And all of the potential conflicts that the parties have. So I appreciate that. Let me just make sure that this schedule is acceptable to everybody before I set it as the schedule in this matter. Ms. Andrews, is the schedule acceptable to the Attorney General?
Yes, Your Honor.
Thank you, Mr. Biz doc. Is this schedule acceptable to your clients?
Yes, Your Honor.
Mr. Arms is the schedule acceptable to your clients? Yes, Your Honor. Mr. Gallagher, is the schedule acceptable to the Michigan table Cable Telecommunications Association? Yes, Your Honor. Mr. Campbell, is this schedule acceptable to abate? Yes, Your Honor. Miss Heston is the schedule acceptable to your domek steel? Yes, Your Honor. Thank you. Thank you, Mr. King. Is the schedule acceptable to local 223? Yes, thank you. Mr. Abrams. Is this schedule acceptable to the Clean Energy organizations? Yes, Your Honor. Miss Brader is the schedule acceptable to my Maui in the city of Ann Arbor?
Yes, Your Honor.
Thank you. Mr. kasky. Is this schedule acceptable to Great Lakes Renewable Energy Association and the residential customer group
Yes, Your Honor.
Thank you. Miss urban. Is the schedule acceptable to the Detroit area advocacy organizations?
Yes, sir.
Thank you, Mr. Vijay Carr. Is the schedule acceptable to Evie? Go Services, LLC. Yes, Your Honor. Thank you. Ms. bustle? It's is this schedule acceptable to ITC? Yes, Your Honor. Thank you and Mr. Boehm, I know you filed your petition late but let me nonetheless ask you for completeness if the schedule is acceptable to you. Yes, Your Honor. All right. Then thank you all that will be the schedule that we adapt in this matter. Obviously we don't have a lot of room to make any changes but if anything does come up, please let me know immediately.
Now we have some additional organizational
and housekeeping issues to take care of. First, I do note that we typically have several additional pro hac VHA requests that get motions that get filed in this in a rate case docket so I had suggested a streamlined process for handling that Mr. Chris tinnitus had indicated that his preference was for me to allow five business days for any party to object to such motions. Do I have that right, Mr. Christian itis?
Yes, Your Honor. We don't anticipate any but you know, it happens from time to time.
All right. So so that's what I'll do. But I want to caution counsel then that I would appreciate it if you would get those motions filed as soon as possible. And then separately, let me know when you receive a confirming letter from the state bar that will I think that that they the state bar itself may take as many as five business days. And I will I will assume that that service on all Council will be sufficient to start that five business day period running Mr. Christian itis and I won't need to send a separate email out to all parties asking them to consider it.
That would be fine, Your Honor. Thank you. Okay.
So then on that six business days, assuming I have all the paperwork, I would expect to be able to issue a ruling on that. And really in view of all of the difficulty that we can have keeping track of the paperwork and everything in these cases, if you feel I've I've overlooked a motion. Don't hesitate to just send me an email reminder and let me know that that's pending so I can take care of it. Again, as a reminder, and I've made this in other cases, I am putting together a service list. I've taken everybody's comments that they've already given me for that service list into account and I have a new draft. I can send it around again. If there's anybody that you else that you would like add it to that service list, please let me know ASAP because I will have a SharePoint folder set up for this case and I will keep that service list or as updated version as I can manage to maintain in that SharePoint folder. Please use that service list. You can serve other people, anybody else you want with the documents. But please use that service list. Mr. Santa, Mr. Sandoval?
Yes, Your Honor. With respect to the service list, I just want to make clear or ask question. Were you going to reference that in your scheduling order? The reason being I know there's been a little confusion over the years and some prior cases to about serving people not serving people. I just want I noticed Laurie Mab is on the service lists that you've prepared. I just want to make sure that that gets reinforced because I do want her particularly her as part of any scheduling order to be identified as a party that must be served.
So the first answer is yes, I will include that. In the list of instructions attached to the scheduling memo that I issue in this case. Wonderful. And I will circulate that to all of the parties on the service list once it's prepared and ready to be filed, but I specifically wanted to mention it to give any stragglers any any names. The parties the opportunity to give any names that they hadn't previously sent me one more chance before i i put a date on that list and they use that as the list that I use to disseminate the scheduling memo um
else was I going to say that's therapists
I did send around an email to counsel and I did lay out some basically the the instructions that I that I plan to include along with that scheduling memo for this case, but nobody really has has indicated any significant objections. One thing that I always like to clarify in these rate cases are the applicable standards for a bottle and I will beg your indulgence one more time as I as I reiterate those standards the schedule that the parties have agreed to provide only about 12 days from the time of rebuttal until the time that cross starts and motions to strike are due within about six days of that rebuttal filing. So I want to remind everybody that rebuttal needs to be properly focused and limited. The standards for rebuttal are that generally speaking, and should not be cumulative or supplemental to material presented in a party's direct testimony. rebuttal evidence explains repels contradicts or disproves facts. asserted by an adverse party. rebuttal testimony should take issue with or address specific statements made in staff or intervener. direct testimony, the specific testimony by page and line numbers or the exhibit by exhibit number being rebutted. Should be expressly identified. The party should not expect to see or present new proposals in rebuttal. And it is not proper rebuttal to offer testimony that simply faults and other party for not adopting your position in their direct testimony or using that as an opportunity to provide further supplemental explanation why your position is correct. The commission has frequently addressed rebuttal testimony and its decisions over the last number of decades. And as I did in the last rate case, I want to call everyone's attention specifically to the conditions December 17 2020. Order in case number you 20697 pages 17 to 20, where the commission reaffirmed its earlier holding on rebuttal and provided an extensive discussion, but that may be used as a guide to rebuttal testimony. Preparation does anybody have any comments that they would like to make on rebuttal? All right. Also, in my memo I did talk about and the parties have been were helpful in responding the use of group names and the marking of exhibits. I don't think more needs to be said on that except that the purpose of the exhibit identifiers is that the witnesses need to use those exhibit identifiers in their their direct and and rebuttal testimony. So that everybody knows exactly what exhibit they're talking about. If you're referencing a discovery response, that's part of an actual exhibit that exhibit number should be there too, not just the discovery response and preferably with page references. And I know sometimes the witnesses may use their initials as the numbering system for their exhibits. Even if the filed exhibits have are marked. It's helpful if the actual appropriate numbers that are going to be used in the case the appropriate exhibit numbers with the up to three letter designation and the numerical sequence are used. So thank you very, very much for paying attention to that and for making sure that your witnesses know also in that email, and I will include these I provided some instructions related to staff and intervener testimony and for revisions to testimony. If nobody had had any objections to those that they emailed me but if anybody has anything now they would like to say please let me know.
All right. I also have some instructions. Regarding official exhibits and briefing we'll get to that, you know, with the appropriate with appropriate reminders later in this proceeding. I don't think I need to go over those now. Mr. Chris tinnitus. I believe you've confirmed that you are going to try to produce that disputed issues chart as described as part of the company's rebuttal. It's not intended to involve any sort of waivers or prejudice. It is just a good faith effort that I'm looking for. And I very much appreciate that the company will do that.
Yes. Your Honor. Well, the company will do its best to get that to you in the time requested. And
so we've agreed to do that. All right, thank you. Um,
let me also note that Ms. Brader did have a suggestion for streamline scrim lining, the submission of testimony that is being bound into the record where the parties would pre file motions, listing what they wanted included in the record and we could just take up the motion at the hearing and direct accordingly, that there may be something that we decided to do we can talk about that. As the as the hearing draws closer. There will be some additional paperwork involved. It may be that as the parties are adding exhibits, to their list up until you know, perhaps the day before the hearing that might be more burdensome, but it has some potential so some all that over over the course of the next few months and we can take it up preliminary to the start of cross examination. And we do have a potential pending issue involving the company's proposed protective order and some objections that have been filed. I asked if the parties might be willing to just waive oral argument on that Mr. Bass doc in particular indicated that he wanted to wait to see what the company's response was before deciding. So let's figure out the best way to schedule that. Now. I would like to resolve the issue as soon as possible. So I think we're looking at trying to set a hearing date of March 14 at 10 o'clock, if that will work if necessary, and then to see whether there there may be an opportunity to avoid that hearing, Mr. Chris tinnitus with DTE electric people to file its response to the objections by Thursday. Yes, Your Honor. All right, then Mr. Biz doc, would you then be able to indicate and whether you wish to proceed with oral argument on that? Put on that protective order. By the end of the day on Friday?
Yes. All right.
So that would give us I would like to have a decision made clearly not later than noon on Monday whether we're going to proceed with that oral argument at 10 o'clock on Tuesday the 14th So does everybody else who's who's expressed an interest in that protective order issue believe that they can work with that that timeframe. Once Mr. Biz doc makes his indication I would expect everybody else to tell me to whether they wanted to proceed with a with oral argument or waive oral argument and allow me to make a ruling sometime not later than that Monday new
date. Your Honor, the Attorney General is agreeable to that schedule. Thank you. Anybody else have
any concerns with that schedule?
All right.
I believe
that covers my list of things that we need to cover at this pre hearing conference. Does anybody else have anything that they think we should talk about and to make it easier I can go through the list that counsel list one more time and see Mr. Kristen itis
nothing further from accompany your honor. Thank you
sure Mr. Sanibel. Nothing further your honor. Miss Andrews. Nothing further, Your Honor. Mr. Bistek?
No, thank you very much. Mr. alms.
No, nothing. Thank you, Your Honor. Mr. Gallagher. No, thanks. Just think for Mr. Campbell. I know your honor. Thank you. Miss Heston. Nothing further, Your Honor. Thank you, Mr. King. Nothing. Thank you, Mr. Abrams.
Nothing further,
Your Honor. Miss braider. No, your honor. Thank you. Mr. kasky.
Nothing further, Your Honor. Thank you,
Miss urban. Nothing further, Your Honor. Thank you.
Thank you, Mr. Jaykar.
Nothing further your honor. Thank you, Miss basil it. Nothing further, Your Honor. Thank you, Mr. Boehm. Nothing further, Your Honor. Thank you. All
right. I think I covered everybody but one last chance. Is there anything else? All right, thank you all very, very much for helping me. Cover everything efficiently this morning. I really appreciate everybody's time and patience. I appreciate the effort again, that you put into trying to work out a schedule for this matter and to reviewing the email I sent with various instructions. If once we adjourn and go off the record, if you could just wait in this video teleconference platform for one minute before leaving so that we can check with our court reporter and make sure she has everything that she needs. Thank you all very much. We are adjourned off the record. Miss hen, did you get all that?
This I could thank you very much. All right, everybody.
Thank you one more time again very much I appreciate appreciate all your efforts and hope that you all are well and able to enjoy what looks like some sunshine today. Thank you least here on Earth, Central Michigan. Bye bye no Bye Bye.
