COMMISSION In the Matter of the ) Docket No. UG-971136 Application of: ) Volume I ) Pages 1-6 PUGET SOUND ENERGY, INC., ) For a Certificate of Public ) Convenience and Necessity ) to Operate a Gas Plant for ) Hire in the Designated ) Areas of Kittitas County. ) ----------------------------) A hearing in the above matter was held on September 10, 1997, at 1:30 p.m., at 1300 Evergreen Park Drive Southwest, Olympia, Washington, before Administrative Law Judge TERRENCE STAPLETON. The parties were present as follows: PUGET SOUND ENERGY, INC., by James M. Van Nostrand and Kimberly J. Harris, Attorneys at Law, 411 108th Avenue, N.E., Bellevue, Washington 98004. THE CITY OF ELLENSBURG by Terence L. Mundorf, Attorney at Law, Mill Creek Office Park, 16000 Bothell-Everett Highway, Suite 160, Mill Creek, Washington 98012. THE COMMISSION by Robert Cedarbaum, Assistant Attorney General, 1400 South Evergreen Park Drive Southwest, Olympia, Washington, 98504. Barbara L. Spurbeck, CSR Court Reporter P R O C E E D I N G S JUDGE STAPLETON: This prehearing conference will please come to order. This is a hearing in Docket Number UG-971136, in the matter of the application of Puget Sound Energy, Incorporated, for a certificate of public convenience and necessity to operate a gas plant for hire in designated areas of Kittitas County. Today's date is September the 10th, 1997. This hearing has been set by notice of the Commission, dated August 29, 1997. My name is Terrence Stapleton. I'll be the Administrative Law Judge assigned to this proceeding on behalf of the Commission. At this time, we'll take appearances for the Applicant, please. MR. VAN NOSTRAND: On behalf of Applicant, Puget Sound Energy, James M. Van Nostrand, 411 108th Avenue, N.E., Bellevue, 98004. Telephone number (425)453-7323, fax number (425)453-7350. JUDGE STAPLETON: Thank you. For Commission Staff? MR. CEDARBAUM: My name is Robert Cedarbaum. I'm an Assistant Attorney General, representing Commission Staff. My business address is the Heritage Plaza Building, 1400 South Evergreen Park Drive, S.W., Olympia, zip code 98504. My telephone number is area code (360)664-1188. My fax number is area code (360)586-5522. JUDGE STAPLETON: And for the City of Ellensburg, please? MR. MUNDORF: On behalf of Intervenor, City of Ellensburg, Terence L. Mundorf, Marsh, Mundorf, Pratt & Sullivan, 16000 Bothell-Everett Highway, Mill Creek, Washington, 98012. Voice phone (206)337-2384, fax (206)337-2386. JUDGE STAPLETON: Is there anyone else present who intends to move to intervene in this proceeding? MR. VAN NOSTRAND: Your Honor, we'd also like to enter an appearance. Kimberly J. Harris is also representing Applicant, Puget Sound Energy. Voice phone number 453-7330. JUDGE STAPLETON: All right. Let's be off the record. (A recess was taken from 1:35 to 2:43 p.m.) JUDGE STAPLETON: While we were off the record, we were discussing a variety of procedural aspects of the proceeding. At this point in time, I will ask if there is any objection to the petition of the City of Ellensburg to intervene in this proceeding? Hearing none, the petition to intervene is granted. All right. Let's be off the record again. (A recess was taken from 2:43 to 3:18 p.m.) JUDGE STAPLETON: Let's be back on the record. While we were off the record, we discussed a variety of procedural matters, and the following procedural schedule has been adopted for this proceeding. By 5:00 p.m. on Wednesday, September 17th, the parties will submit simultaneous legal briefs on the City's legal form of government, including a reference to the legal and factual basis for the Commission grant of certificate of public convenience and necessity to operate a gas plant in the City of Ellensburg. The Commission has waived its fax rule to permit the Company and the City to submit those briefs by fax. By Friday, the 19th of November, the parties will have resolved the issue of appropriate notice for the rule waiver request to operate a gas plant as prescribed in the Commission's Safety Rules, in Chapter 480-93 WAC. The Commission will issue a ruling on the legal issue of the City's operation of a certificate by September the 22nd. The Company will distribute its prefiled written testimony and exhibits today to all parties. Staff and the City will file their direct case on October the 17th. The Company will file its rebuttal testimony October the 31st. Hearings are scheduled November the 19th through the 21st here in Olympia. Briefs are due on December the 10th, and the Commission will issue a final order before the end of the year. The Commission will enter a protective order. The parties will propose an addendum to that order describing additional agreements and arrangements between the City and the Company. The Commission will receive that by midday tomorrow and have the protective order served before the end of the day tomorrow. The Commission's discovery rule 480-09-480 is invoked. The parties have agreed to respond to data requests within seven calendar days, understanding that arrangements will be made with the requesting party should any data request require additional time to prepare. With regard to the rule waiver for the operation of gas plant within prescribed areas, the parties will develop a proposal for the form of notice, the scope of notice, and a hearing date for a public hearing in the service territory proposed to be served by the pipeline and will forward that information to the presiding judge by -- MR. CEDARBAUM: I thought you said September 19th before. JUDGE STAPLETON: -- by Friday, September 19th, thank you. The Company has withdrawn its motion to expedite procedural schedule filed with the Commission on August 27th, 1997. Is there anything else to come before us at this time? We'll stand in recess. Thank you very much. (Proceedings adjourned at 3:23 p.m.)