Pennsylvania Public Utility Commission s38

BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION

Pennsylvania Public Utility Commission : : v. : R-2017-2593142 : Veolia Energy Philadelphia, Inc. :

CORRECTED PREHEARING ORDER #2

By Notice dated August 31, 2017, an Initial Prehearing Conference Notice for Thursday, September 14, 2017, at 1:30 p.m. is scheduled in this proceeding. The prehearing conference convened as scheduled joining the following parties:

Barnett Satinsky, Esquire - Veolia Energy Philadelphia, Inc. (VE or Company)—in person Maura Burke, Esquire—in person

Erika McLain, Esquire - Bureau of Investigations and Enforcement (I&E)—phone Gina Miller, Esquire—phone

Sharon Webb, Esquire - Office of Small Business Advocate (OSBA)—phone

Charis Mincavage, Esquire – Building Owners & Managers Association of Philadelphia (PLSUG); Thomas Jefferson University and Jefferson Health (Jeffs)—phone Alsessandra Hylander, Esquire—phone

David Zambito, Esquire - The Trustees of University of Pa. and the Hospital at University of Pa. (UofP); The Presbyterian Medial Ctr. of University of Pa. Health Sys., Pa. Hospital of the University of Pa. Health Sys., and Penn Medicine at Rittenhouse (PennMed)— phone. The following Petitions to Intervene were pending at this proceeding:

(1) Petition to Intervene filed by Ms. Mincavage on behalf of Jeffs; (2) Petition to Intervene filed by Ms. Mincavage on behalf of PLSUG; (3) Petition to Intervene filed by Mr. Zambito on behalf of UofP; and (4) Petition to Intervene filed by Mr. Zambito on behalf of PennMed.

No objection was made to the Petitions to Intervene and the petitions were granted.

There was some discussion on the proposed procedural schedule for this proceeding. Mr. Satinsky on behalf of VE, requested that the evidentiary hearings be held in Philadelphia. Ms. McLain represented that I&E could sponsor potentially 3 witnesses and requested for budgetary reasons to conduct the evidentiary hearings in Harrisburg. Ms. Webb on behalf of OSBA requested that the hearings not commence on Monday due to traffic issues. I found it reasonable to conduct the hearings in Harrisburg.

The undersigned was provided additional confidential information regarding the location of the evidentiary hearings. In consideration of the confidential information, which involves medical concerns, the evidentiary hearings will be held in Philadelphia.

The Company proposed a 30-day addition to the current suspension date of April 1, 2018, to allow the parties to conduct settlement negotiation unencumbered with the presentation of testimony. The parties were directed to add 30 days to the proposed procedural schedule and if the date was a non-business day, then the next business day would be the due date for the schedule. The parties agreed and did present a procedural schedule to the undersigned by close of business (4:30 p.m.) on Friday, September 16, 2017, which fit the direction given. The schedule for this proceeding is the following:

2 Subject Due Date

Direct Testimony October 27, 2017 of Non-Company Parties1

Rebuttal Testimony November 9, 2017

Surrebuttal Testimony November 29, 2017

Rejoinder Outline December 1, 2017

Evidentiary Hearings in Philadelphia December 6-8, 2017 (3rd day only if necessary)2

Main Briefs December 29, 2017

Reply Briefs January 8, 2018

There was discussion regarding service. The undersigned clarified that is not necessary if the Company has electronic service with the Commission to file a hard copy with the Commission. The undersigned agreed to be served electronically. Some parties (I&E and OSBA) did request that a hard copy follow the electronic service. The Company will serve the following parties electronically:

(1) I&E; (2) Jeffs (3) OSBA; (4) PennMed; (5) PLSUG; (6) UofP; (7) VE; and (8) ALJ Jones

1 All due dates are “in-hand” meaning service to be in hand no later than 4:30 p.m. (electronic service or fax service on the due date will satisfy the “in-hand” requirement), followed by hard copy via first class mail if requested. 2 The hearings start on Wednesday, December 6th at 10 a.m. All subsequent hearing days will start at 9 a.m. Accommodations will be made for the scheduling of witnesses based on their availability. 3 For purposes of electronic service, the following is a list of the email addresses of the parties involved in this proceeding:

Barnett Satinsky (VE) [email protected] Marta Burke (VE) [email protected]

Allison Kaster (I&E) [email protected] Erika McLain (I&E) [email protected] Charis Mincavage (Jeffs; PLSUG) [email protected] Alessandra Hylander (Jeffs; PLSUG) [email protected]

Sharon Webb (OSBA) [email protected]

David Zambito (PennMed; UofP) [email protected]

ALJ Jones [email protected]

The I&E proposed modifications to the Commission’s discovery rules. There was some discussion and the Company proposed a minor change to business days for motions. Therefore, the proposed modification for discovery was granted. The Commission’s discovery rules at Title 52 of the Pennsylvania Code, Subpart A, Subchapter D, 52 Pa.Code § 5.321 et seq. will be implemented with the following modification:

1. Answers to written interrogatories shall be served in-hand within ten (10) calendar days of service.

2. Objections to interrogatories shall be communicated orally within three (3) days of service; unresolved objections be served to the ALJ in writing within five (5) days of service of interrogatories.

3. Motion to dismiss objections and/or direct the answering of interrogatories shall be filed within three (3) business days of service of written objections.

4. Answers to motions to dismiss objections and/or direct the answering of interrogatories shall be filed within three (3) business days of service of such motions.

4 5. Discovery served after 12:00 noon on a Friday or after 12:00 p.m. on any business day preceding a state holiday will be deemed to be served on the next business day.

ALJ Jones requested counsel for VE to coordinate and to submit no later than 2 business days prior to the scheduled opening day of the evidentiary hearing a matrix of witnesses to be presented at the evidentiary hearings. The matrix is to include the order of witness presentation for each day, whether the witness is to be presented in the morning or afternoon, and at the discretion of counsel, an estimate of the amount of cross examination, if any, by each active participant.

Consistent with rules of evidence the testimony is sworn to be true and verified in the event the witness is not presented live for cross examination. Please ensure that a verification statement accompanies the written testimony in the event the witness is not presented live. 52 Pa.Code § 5.412(c).

On September 7, 2017, counsel for VE filed a Motion for Protective Order (Motion) at this docket. Counsel brought forth the subject of the Motion to discuss at the prehearing conference for ruling. No party objected to the Motion as proposed. Therefore, the Motion was granted and a Protective Order was issued separately.

Lastly, the Commission addressed procedure concerning pre-served testimony by Implementation Order, Docket No. M-2012-2331973 (entered January 10, 2013). Consistent with the Implementation Order, parties submitting pre-served testimony in proceedings pending before the Commission pursuant to 52 Pa. Code § 5.412(f) shall be required, within thirty (30) days after the final hearing in an adjudicatory proceeding, to either e-file with or provide to the Secretary’s Bureau a Compact Disc (CD) containing all testimony furnished to the court reporter during the proceeding. Parties to this proceeding are reminded to comply with the Implementation Order.

5 THEREFORE;

IT IS ORDERED:

1. That the procedural schedule for this matter is established consistent with the content of this Order as:

Subject Due Date

Direct Testimony October 27, 2017 of Non-Company Parties Rebuttal Testimony November 9, 2017

Surrebuttal Testimony November 29, 2017

Rejoinder Outline December 1, 2017

Evidentiary Hearings in Philadelphia December 6-8, 2017 (3rd day only if necessary)

Main Briefs December 29, 2017

Reply Briefs January 8, 2018

2. That the discovery rules are modified consistent with the discussion contained herein.

3. That the Petition to Intervene filed by Charis Mincavage, Esquire on behalf of Thomas Jefferson University and Jefferson Health is granted.

4. That the Petition to Intervene filed by Charis Mincavage, Esquire on behalf of Philadelphia Large Steam Users Group is granted.

6 5. That the Petition to Intervene filed by David Zambito, Esquire on behalf of The Trustees of the University of Pennsylvania and The Hospital at the University of Pennsylvania is granted

6. That the Petition to Intervene filed by David Zambito, Esquire on behalf of The Presbyterian Medical Center of the University of Pennsylvania Health System, Pennsylvania Hospital of the University of Pennsylvania Health System, and Penn Medicine at Rittenhouse is granted.

7. That this matter is set for hearing.

Dated: September 18, 2017 ______Angela T. Jones Administrative Law Judge

7 Pennsylvania Public Utility Commission v. Veolia Energy Philadelphia, Inc. Docket No. R-2017-2593142

SERVICE LIST

MAURA L. BURKE ESQUIRE BARNETT SATINSKY ESQUIRE VEOLIA ENERGY PHILADELPHIA INC FOX ROTHSCHILD LLP 2000 MARKET STREET 20TH FLOOR PHILADELPHIA, PA 19103 Accepts Eservice (Representing Veolia Energy Philadelphia, Inc.)

ERIKA MCLAIN ESQUIRE ALLISON C KASTER ESQUIRE PA PUBLIC UTILITY COMMISSION BUREAU OF INVESTIGATION & ENFORCEMENT 400 NORTH STREET 2ND FLOOR WEST HARRISBURG, PA 17120 Accepts Eservice (Representing PA PUC BI&E)

SHARON WEBB ESQUIRE OFFICE OF SMALL BUSINESS ADVOCATE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 300 NORTH 2ND STREET SUITE 202 HARRISBURG PA 17101 (Representing OSBA)

ALESSANDRA L HYLANDER ESQUIRE CHARIS MINCAVAGE ESQUIRE MCNEES WALLACE & NURICK LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108-1166 Accepts Eservice 717 237 5425 (Representing Thomas Jefferson University & Jefferson Health, et al. & Philadelphia Large Steam Users Group)

8 DAVID P ZAMBITO ESQUIRE COZEN O’CONNER 17 NORTH SECOND ST SUITE 1410 HARRISBURG PA 17101 717 703 5892 Accepts Eservice (Trustees & Hospital UPenn and Presbyterian Med UPHS et al)