BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
Application of : A-2016-2549823 Columbia Gas of Pennsylvania, Inc. : for Approval of Abandonment of Natural Gas : Service to One Natural Gas Service Customer : Located in Clarion County, Pennsylvania :
SECOND INTERIM ORDER To Reschedule Initial Evidentiary Hearing
On June 2, 2016, Columbia Gas of Pennsylvania, Inc. (Columbia Gas or Applicant) filed an Application for Abandonment of Natural Gas Service to One (1) Customer located in Clarion County, Pennsylvania. Columbia Gas requested approval from the Commission to discontinue service to Russell N. Smithson, a residential customer, residing at 767 Flick Road, Rimersburg, Pennsylvania on the grounds Mr. Smithson’s current service is through a tap on a transmission line owned and operated by Maple Grove Enterprise, Inc. which Columbia Gas alleged is an unsafe service configuration under current pipeline safety standards.
Columbia Gas alleged it currently owns only the meter which measures the consumption of gas and has no ownership interest in the pipeline or the natural gas. Columbia Gas further alleged it would cost approximately $506,000 to connect Mr. Smithson’s property to its closest facilities located 4,400 feet away.
On June 27, 2016, Protestant, Russell N. Smithson, filed a protest to the Application in which he alleged Columbia Gas incorrectly stated the facts and the law as it applies to this circumstance. Protestant requested the Commission deny the Application.
On September 28, 2016, the Commission issued a Hearing Notice scheduling this matter for an initial prehearing conference on Friday, October 14, 2016 in the Commission’s offices in Pittsburgh, Pennsylvania. On the same date, the undersigned presiding officer issued a Prehearing Conference Order to the parties directing the parties on various preliminary matters.
1 On September 30, 2016, counsel for both parties requested via electronic mail that the prehearing conference be converted into a status conference. The presiding officer denied that request but noted the parties would be granted leeway to discuss ongoing negotiations and to delay the establishment of a litigation schedule.
On October 14, 2016, the Administrative Law Judge conducted a prehearing conference from the Commission’s hearing room in Pittsburgh, Pennsylvania. The parties participating in the prehearing conference were counsel for Columbia Gas of Pennsylvania, Inc. and counsel for Protestant, Russell N. Smithson.
The presiding officer issued the Prehearing Order on the same date in order to confirm the agreement and determinations made at the prehearing conference with respect to the future conduct of this proceeding. The litigation schedule was suspended until December 31, 2016 in order to provide the parties with sufficient time in which to engage in meaningful negotiations. Applicant was required to provide status updates on November 14, 2016; December 14, 2016 and finally by December 31, 2016.
On November 14, 2016, Applicant advised an agreement in principle had been reached regarding the abandonment of Mr. Smithson’s natural gas service but no alternative energy source had been secured yet for Protestant’s premises.
On December 14, 2016, Applicant reiterated it had an agreement in principle with Protestant who still had not been able to secure an alternative energy source, however, both parties had agreed to meet again before December 31, 2016 in an attempt to settle the matter.
On December 29, 2016, Applicant filed a final status update which indicated the parties had met but remained unable to secure a final settlement of the dispute. The parties agreed to provide a proposed litigation schedule to the presiding officer.
On January 3, 2017, the presiding officer issued the First Interim Order which established the litigation schedule and other procedural matters. On January 10, 2017, the Commission issued a hearing notice which scheduled the evidentiary hearing to be conducted on April 5, 2017 through April 7, 2017 in the Commission’s hearing room in Pittsburgh, Pennsylvania.
2 On February 3, 2017, Protestant served the verified written testimony of Russell N. Smithson, and Columbia Gas served the verified direct testimony of Robert C. Waruszewski.
On March 2, 2017, Protestant served the verified rebuttal testimony of Russell N. Smithson. On March 3, 2017, Columbia Gas served the verified rebuttal testimony of Robert C. Waruszewski.
On March 15, 2017, Protestant served an Application for Subpoena upon the presiding officer, requesting a subpoena for Heber Radaker from Maple Grove Enterprises, Inc. in order to secure his testimony about the difficulty Protestant had in finding alternative natural gas service, to offer an opinion on the safety of the service configuration, and to describe the ownership configuration of the service infrastructure relative to Protestant’s property. Pursuant to 52 Pa.Code § 5.421(b)(3), Columbia Gas had to object or respond to the subpoena request within ten days.
On March 27, 2017, Applicant filed a timely objection. Columbia Gas averred Protestant is the only individual qualified to testify about the attempts he made to obtain alternative natural gas service; Protestant has not supported the qualification of the proposed witness to testify as to safety configurations for the service; and the ownership of the facilities is not in dispute.
Also on March 27, 2017, Columbia Gas filed a Motion for Continuance. In light of Applicant’s subpoena request for Mr. Radaker, Columbia Gas contended it needs to propound discovery upon Protestant concerning the issues addressed in the subpoena request. Because Protestant would have twenty days in which to respond to these discovery requests, pursuant to 52 Pa.Code § 5.342(d), and because the evidentiary hearings were set to begin in less than twenty days, Columbia Gas requested a continuance for a period of sixty days. Applicant indicated the continuance request was discussed with Protestant’s counsel, and Protestant supported the Motion for Continuance.
Discussion
Pursuant to 52 Pa.Code § 1.15, extensions of time may be granted by the presiding officer for good cause shown. A continuance lasting sixty (60) days or more is a reasonable time frame during which the parties should be able to conduct timely and orderly discovery, and be prepared to reach a final settlement of the issue or proceed in an orderly manner to an evidentiary
3 hearing. The parties are to engage in appropriate discovery including the propounding of interrogatories, requests for documents, and any other appropriate discovery methods. Prior to the rescheduling of the evidentiary hearing, each party shall file subsequent Exhibit Lists and Witness Lists.
The Exhibit Lists and Witness Lists shall be served on the presiding officer and opposing counsel at least five (5) working days prior to the scheduled date for the rescheduled evidentiary hearing. Each Witness List shall list each individual which the party intends to call and include a brief summary of the testimony to be solicited from that witness. Each Exhibit List shall indicate for each exhibit listed which witness will authenticate and/or discuss the exhibit to be proffered.
THEREFORE,
IT IS ORDERED:
1. That the evidentiary hearing scheduled for April 5, 2017 through April 7, 2017 is cancelled and shall be rescheduled to a later date to permit discovery.
2. That the Office of Administrative Law Judge will schedule an inperson evidentiary hearing to be conducted in the Commission’s hearing room in Pittsburgh, Pennsylvania on a date at least sixty (60) days after the date of this Interim Order.
3. That the parties shall engage in discovery with each other, consistent with provisions in the Commission’s regulations in 52 Pa.Code § 5.322; § 5.331; § 5.361; § 5.371; and § 5.372.
4. That the parties will serve upon the presiding officer and opposing counsel an Exhibit List and Witness List at least five working days prior to the evidentiary hearing. The Exhibit List shall indicate for each exhibit listed which witness will authenticate and/or discuss the exhibit to be proffered. The Witness List shall list each individual which the party intends to call and include a brief summary of the testimony to be solicited from that witness.
Date: April 3, 2017 4 Katrina L. Dunderdale Administrative Law Judge
5 A-2016-2549823 - APPLICATION OF COLUMBIA GAS OF PA FOR APPROVAL OF THE ABANDONMENT OF NATURAL GAS SERVICE TO ONE NATURAL GAS CUSTOMER LOCATED IN CLARION COUNTY, PA
(Revised 10/14/16)
*THEODORE J GALLAGHER ESQUIRE MEAGAN BIELANIN MOORE ESQUIRE NISOURCE CORPORATE SERVICES COMPANY 121 CHAMPION WAY SUITE 100 CANONSBURG PA 15317 *Accepts e-Service
ANDREW S TUBBS ESQUIRE NISOURCE CORPORATE SERVICES COMPANY 800 NORTH THIRD STREET SUITE 204 HARRISBURG PA 17102 Accepts e-Service
PATRICK C AUTH ESQUIRE FAIR SHAKE ENVIRONMENTAL LEGAL SERVICES 3495 BUTLER STREET SUITE 102 PITTSBURGH PA 15201 Accepts e-Service