Title: _

R.99-10-025  MLC/k47

MLC/k47  5/16/2000

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking into Distributed Generation.

Rulemaking 99-10-025
(Filed October 21, 1999)

ADMINISTRATIVE LAW JUDGE’S RULING
ADDRESSING SCHEDULING ISSUES

At the May 10, 2000 scheduling prehearing conference (PHC), Commissioner Bilas and I indicated that a subsequent ruling would be issued establishing, to the extent possible, a schedule for the upcoming hearings in terms of witness order, cross-examination allocations, etc.  As explained at the PHC, we have approximately 28 hours of cross-examination time available. The time has been allocated as follows:  Utilities/ISO—10 hours and 20 minutes; 

This grouping consists of Edison Electric Institute, Pacific Gas and Electric Company, San Diego Gas & Electric Company, Sierra Pacific, Southern California Edison Company, and California Independent System Operator.

Ratepayer/Public Interest Representatives—8 hours and 50 minutes;  and Manufacturers/DG Providers/Competitors—8 hours and 50 minutes.  The parties within each grouping should agree amongst themselves on how to allocate the time allotted.  In addition, 45 minutes have been allocated to Solar Development Cooperative (SDC). 

This grouping consists of Latino Issues Forum/Greenling Institute, Natural Resources Defense Counsel, Office of Ratepayer Advocates, The Utility Reform Network, Utility Consumers Action Network, Federal Executive Agencies, and Department of General Services/University of California/California State Universities.

California Solar Energy Industries Association/Center for Energy Efficiency and Renewable Technology, Distributed Power Coalition of America/California Manufacturers’ & Technology Association, Enron North America Corp. and Enron Energy Service, Inc., Honeywell Power Systems, Inc., New Energy, Inc., Cogeneration Association of California and the Energy Producers and Users Coalition, and NEO.

The Administrative Law Judge (ALJ) may ask prepared written questions on behalf of SDC within this allotted time.

Cross-examination should be limited to examination of the factual issues underlying a particular party’s positions.  These hearings are not the time to argue policy or legal issues, those will be handled in briefs.  The issues currently being addressed by the California Energy Commission, for example, specific interconnection standards and permit/CEQA streamlining for distributed generation, are not ripe for cross-examination at this time.
Attachment 1 provides the cross-examination schedule for hearings and Attachment 2 summarizes the cross estimates submitted by witness or party as further updated at and following the PHC. 
The schedule established represents my best efforts to estimate when a given witness will appear.  If date certain appearances were requested, they have been accommodated and are indicated as such.  I cannot determine with precision how long particular witnesses will be on the stand, so witnesses who have not received a date certain should be available in the general timeframe surrounding the date I have indicated you will appear.  Parties with aligned interests have also been encouraged to consider presenting witnesses as panels when appropriate and feasible, but panels are not required.
To the extent that a limited number of parties request cross of a given witness, I encourage the parties to make best efforts to prepare stipulated exhibits/responses that provide the answers, in lieu of witnesses appearing.  In addition, there are some witnesses who have no cross requested of them, assuming there are no objections, we will receive the testimony of these witnesses without their appearing.  Recognizing that these estimates were, in many cases, submitted prior to review of rebuttal testimony, parties should contact me and the affected party immediately in the event that a witness they desire to cross does not appear on the schedule so that the schedule can be modified.
Motions to strike prepared testimony and rebuttal are due in writing no later than May 25 and should be served concurrently by e-mail on all parties.  Motions submitted on that date will be handled on the first day of hearings.  If a party whose testimony is the subject of a motion to strike cannot appear on the first day of hearings, it should contact me immediately to arrange a date to take up the motion.  If motions are submitted on or before May 19, the subject party of the motion shall respond in writing no later than May 26.
Attachment 3 to this ruling are instructions for preparation of cross-examination exhibits.  Please follow these guidelines to ensure a smooth running hearing.
At the PHC we discussed a change in the schedule of Phase 2 testimony and hearings.  After consulting with Commissioner Bilas, we set the following new testimony dates:  Direct Testimony - 6/30; Reply Testimony - 7/24.  Hearings previously scheduled for the week of July 24 are cancelled.  Hearings are rescheduled for September 5 - 15, 2000.
IT IS RULED that:
1.	Evidentiary hearings will commence May 31, 2000 at 9:00 a.m.
2.	Hearings will run from 9:00 a.m. to 1:00 p.m. on May 31, June 1-2, and 6‑9.  Hearings will run from 10:00 a.m. to 4:00 p.m. on June 5 and 12.
3.	Parties will receive the amount of cross-examination time as set forth in the discussion above.
4.	The cross-examination schedule will be as set forth in Attachment 1.
5.	Motions to strike are due not later than May 25.
6.	After consulting with Commissioner Bilas, I will determine whether responses are required.
7.	Phase 2 Direct Testimony shall be served on June 30.  Phase 2 Reply Testimony shall be served July 24. 
8.	Hearings previously scheduled for the week of July 24 are cancelled. 
9.	Phase 2 hearings are rescheduled for September 5 - 15, 2000.
Dated May 16, 2000, at San Francisco, California.

Michelle Cooke
Administrative Law Judge

ATTACHMENT 1

Party | Witness | Tentative Date of Cross
SCE | Nunnally | 5/31
SCE | Jurewitz | 5/31
SCE | Jazayeri | 5/31
ISO | Carlson (date certain) | 6/1
SDG&E | Sakarias | 6/1
SDG&E | Keilani | 6/1
SDG&E | Geier | 6/1
SDG&E | Hyatt | 6/2
DPCA/CMTA | Castelaz (date certain) | 6/2
EEI | Hall (date certain) | 6/2
EEI | Harris (date certain) | 6/2
EEI | Linderman (date certain) | 6/2
PG&E | Rubin | 6/5
PG&E | Buchholz | 6/5
PG&E | Schleimer | 6/5
DPCA/CMTA | Mertens (date certain) | 6/5
LIF/GL | Gonzales | 6/5
TURN | Florio | 6/6
ORA | Mazy | 6/6
FEA | Brubaker (date certain, a.m.) | 6/7
ORA | Morse | 6/7
ORA | Cluff | 6/7
ORA | Kirby | 6/7
NRDC | Carter | 6/7
ORA | Tan | 6/8
CalSEIA/CEERT | Starrs | 6/8
CalSEIA/CEERT | Shugar | 6/8
New Energy | Townley | 6/8-6/9
ORA | Key | 6/9
Honeywell | Skowronski | 6/9-6/12
Enron | Mara/Hoatson | 6/12
UCAN | Shames (date certain) | 6/12

The following witnesses were not scheduled, either because no cross was requested, or such limited cross was requested that I assume parties can reach stipulations in order to respond to questions: Quadrini (PG&E), Wilson (SCE), Middleburg (SCE), Carson (Sierra), Gamboa (LIF/GL), Waxer (CalSEIA), Moore (CalSEIA), Ross (CAC/EPUC), Smith (SDC). In the event that cross is required, contact me ASAP.

We may not be able to complete witnesses as set forth above. Witnesses should generally be available the day before and after the date for which they are tentatively scheduled.

(End of Attachment 1)
ATTACHMENT 2
Page 1

Party | Witness | Cross By | Estimate

PG&E

Not specified

Honeywell
SDC

30 minutes
90 minutes

| Rubin | ORA Enron New Energy TURN CalSEIA LIF/GL | 60 minutes 30 minutes 15 minutes 60 minutes 20 minutes 20 minutes
| Buchholz | ORA Enron New Energy CalSEIA | 30 minutes 45 minutes 10 minutes 20 minutes
| Schleimer | New Energy TURN | 5 minutes 60 minutes
| Quadrini | CalSEIA | 20 minutes

SDG&E

Not specified

Honeywell
SDC

30 minutes
90 minutes

| Sakarias | PG&E ORA Enron TURN LIF/GL UCAN | 5 minutes 20 minutes 20 minutes 60 minutes 30 minutes 30 minutes
| Keilani | CalSEIA | 30 minutes
| Geier | TURN UCAN | 60 minutes 30 minutes
| Hyatt | ORA Enron | 10 minutes 10 minutes
SCE | Not specified | Honeywell | 45 minutes
| Nunnally | ORA Enron New Energy TURN SDC | 75 minutes 30 minutes 20 minutes 60 minutes 30 minutes

ATTACHMENT 2
Page 2

Party | Witness | Cross By | Estimate

SCE

Jurewitz

ORA
Enron
New Energy
TURN
SDC

60 minutes
30 minutes
10 minutes
60 minutes
30 minutes

| Jazayeri | ORA New Energy TURN SDC | 10 minutes 15 minutes 60 minutes 30 minutes
| Wilson | SDC | 30 minutes
| Middleburg | SDC | 30 minutes

Cal ISO

Carlson

PG&E
ORA
Enron
New Energy
Honeywell
UC/CSU/DGS
CalSEIA
LIF/GL
EEI

5 minutes
45 minutes
45 minutes
20 minutes
30 minutes
60 minutes
20 minutes
15 minutes
not specified

EEI | Not specified | Honeywell | 30 minutes
| Hall | ORA SDC | 10 minutes 30 minutes
| Harris | CalSEIA LIF/GL SDC | 30 minutes 15 minutes 30 minutes
| Linderman | ORA Enron TURN UCAN SDC | 10 minutes 10 minutes 60 minutes 30 minutes 30 minutes
Sierra | Carson | SDC | 30 minutes

LIF

Gonzales

SDG&E
UCAN
SDC

10 minutes
30 minutes
not specified

LIF/GL | Gamboa | |

ATTACHMENT 2
Page 3

Party | Witness | Cross By | Estimate

NRDC

Carter

PG&E
SDG&E
LIF/GL
SDC
EEI

5 minutes
10 minutes
15 minutes
30 minutes
not specified

ORA

Morse

PG&E
SCE
SDC
EEI

30 minutes
2.5 hours
30 minutes
not specified

| Cluff | PG&E ISO SCE SDC | 30 minutes 10 minutes 60 minutes 30 minutes
| Mazy | PG&E ISO SCE FEA SDC EEI | 30 minutes 20 minutes 2.5 hours 15 minutes 30 minutes not specified
| Tan | PG&E SCE | 30 minutes 90 minutes
| Key | PG&E SCE SDC | 30 minutes 60 minutes 30 minutes
| Kirby | PG&E SCE | 30 minutes 60 minutes
| Morse/Tan/ Kirby | Enron | 10 minutes

TURN

Florio

PG&E
SDG&E
SCE
Enron
SDC

60 minutes
15 minutes
3 hours
10 minutes
60 minutes

ATTACHMENT 2
Page 4

Party | Witness | Cross By | Estimate

UCAN

Shames

PG&E
SDG&E
SCE
ISO
LIF/GL
SDC

30 minutes
15 minutes
30 minutes
10 minutes
15 minutes
30 minutes

FEA

Brubaker

Enron
CalSEIA

15 minutes
5 minutes

CalSEIA/ CEERT | Not specified | SDG&E | 10 minutes
| Starrs | PG&E SCE FEA SDC EEI | 15 minutes 30 minutes 15 minutes 30 minutes not specified
| Waxer | None |
| Moore | PG&E | 5 minutes
| Shugar | PG&E SCE FEA SDC | 30 minutes 60 minutes 15 minutes 30 minutes
DPCA/CMTA | Not specified | SDG&E | 15 minutes
| Mertens | PG&E SCE FEA UCAN SDC EEI | 15 minutes 90 minutes 15 minutes 30 minutes 30 minutes not specified
| Castelaz | PG&E SCE ISO LIF/GL | 15 minutes 90 minutes 20 minutes 20 minutes

Enron

Mara/Hoatson

PG&E
SCE
ISO
FEA
SDC

60 minutes
3.5 hours
30 minutes
15 minutes
60 minutes

ATTACHMENT 2
Page 5

Party | Witness | Cross By | Estimate

Honeywell

Skowronski

PG&E
SDG&E
SCE
ISO
SDC
EEI

30 minutes
10 minutes
2 hours
20 minutes
30 minutes
not specified

New Energy

Townley

SDG&E
SCE
ISO
FEA
SDC
EEI

10 minutes
2 hours
20 minutes
15 minutes
30 minutes
not specified

CAC/EPUC | Ross | None |
SDC | Smith | None |

(End of Attachment 2)

ATTACHMENT 3

EXHIBITS

Service of Exhibits

	All prepared written testimony should be served on all appearances and state service on the service list, as well as on the Assigned Commissioner’s office and on the Assigned ALJ.  Prepared written testimony should NOT be filed with the Commission’s Docket Office.

Identification of Exhibits in the Hearing Room

	Each party sponsoring an exhibit should, in the hearing room, provide two copies to the ALJ and one to the court reporter, and have at least 5 copies available for distribution to parties present in the hearing room.  The upper right hand corner of the exhibit cover sheet should be blank for the ALJ’s exhibit stamp.  Please note that this directive applies to cross-examination exhibits as well.  If there is not sufficient room in the upper right hand corner for an exhibit stamp, please prepare a cover sheet for the cross-examination exhibit.

Cross-examination With Exhibits

	As a general rule, if a party intends to introduce an exhibit in the course of cross-examination, the party should provide a copy of the exhibit to the witness and the witness’ counsel before the witness takes the stand on the day the exhibit is to be introduced.  Generally, a party is not required to give the witness an advance copy of the document if it is to be used for purposes of impeachment or to obtain the witness’ spontaneous reaction.  An exception might exist if parties have otherwise agreed to prior disclosure, such as in the case of confidential documents.

Corrections to Exhibits

	Generally, corrections to an exhibit should be made in advance and not orally from the witness stand.  Corrections should be made in a timely manner by providing new exhibit pages on which corrections appear.  The original text to be deleted should be lined out with the substitute or added text shown above or inserted.  Each correction page should be marked with the word “revised” and the revision date.

	Exhibit corrections will receive the same number as the original exhibit plus a letter to identify the correction.  Corrections of exhibits with multiple sponsors will also be identified by chapter number.  For example, Exhibit 5-3-B is the second correction made to Chapter 3 of Exhibit 5.

(End of Attachment 3)

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge’s Ruling Addressing Scheduling Issues on all parties of record in this proceeding or their attorneys of record.
Dated May 16, 2000, at San Francisco, California.

Kris Keller

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA  94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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The Commission’s policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703‑2074 or TDD# (415) 703-2032 five working days in advance of the event.

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