BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


WASHINGTON UTILITIES AND   ) DOCKET NO.  UE-981238
TRANSPORTATION COMMISSION,  )
       ) FIFTH SUPPLEMENTAL
   Complainant,   ) ORDER
v.       )
       ) PREHEARING         ) CONFERENCE ORDER
PUGET SOUND ENERGY,    ) 
       )
   Respondent.   )
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
. . )


  PREHEARING CONFERENCE:  Administrative Law Judge Dennis J. Moss conducted a 
third prehearing conference in this proceeding at the Commission’s offices in 
Olympia, Washington on September 2, 1999.  Previous prehearing conferences were 
conducted on December 15, 1998, and January 8, 1999.  The January 8, 1999, 
conference was a joint conference with Air Liquide America Corporation, Air 
Products and Chemicals, Inc., The Boeing Company, Equilon Enterprises LLC, and 
Tesoro Northwest Co. v. Puget Sound Energy, Docket No. UE-981410, a related 
complaint proceeding.  One result of the January 8, 1999, conference was an 
agreement by the parties, endorsed by the presiding officer, to hold Docket No. 
UE-981238 in abeyance pending the conclusion of Docket No. UE-981410.  Docket 
No. UE-981410 was concluded before the Commission by entry of a final order on 
August 3, 1999.  This prehearing conference was noticed on August 6, 1999.

  PARTIES:  Matthew Harris, attorney, Seattle, Washington, represents Puget 
Sound Energy (PSE).  Bradley Van Cleve, attorney, Portland, Oregon, and Melinda 
J. Horgan, attorney, Portland, Oregon, represent the Industrial Customers of 
Northwest Utilities (ICNU), Air Liquide America Corporation, Air Products and 
Chemicals, Inc., The Boeing Company, Equilon Enterprises LLC, and Tesoro 
Northwest Refining Company.  Simon ffitch, Assistant Attorney General, Seattle, 
Washington, represents public counsel.  Robert Cedarbaum, Assistant Attorney 
General, Olympia, Washington represents Commission Staff (Staff).

  PROCESS: By prior prehearing order, the Commission’s discovery rule, WAC 
480-09-480, was invoked.  The Commission entered a protective order on December 
24, 1998.  The parties’ request that discovery response time be reduced to five 
(5) days is granted.  In other respects, discovery should proceed in accordance 
with the cited rule and consistent with the protective order.

  SCHEDULE: The parties propose, and the presiding officer agrees to, the 
following procedural schedule:

 PSE prefiled direct testimony   September 21, 1999

 Staff and Intervenor testimony   October 13, 1999

 PSE rebuttal testimony    October 27, 1999

 Evidentiary Hearings    November 9-10, 1999

 Simultaneous Briefs     November 24, 1999

  WITNESS AND EXHIBITS LISTS:  At least three business days before the first 
hearing day, each party must provide the presiding Administrative Law Judge and 
each other party a list of witnesses in the order they will appear and a list 
of exhibits along with copies of any exhibits proposed to be used during 
cross-examination.  These materials need not be filed with the Commission.

  FILING; COPIES OF MATERIALS:  Filing can be accomplished by mail to the 
Commission Secretary, Washington Utilities and Transportation Commission, P.O. 
Box 47250, 1300 S. Evergreen Park Drive, S.W. Olympia, Washington 98504-7250, 
or by hand delivery to the Commission Secretary via the Commission’s records 
center at 1300 S. Evergreen Park Drive, S.W., Olympia, Washington, 98504.  An 
original plus twelve (12) copies, and an electronic version of all pleadings, 
motions, briefs, and other prefiled materials must be filed with the Commission.

  Parties must bring adequate copies of exhibits to the hearing to allow 
distribution of two copies to the Administrative Law Judge and one copy each to 
the witness and the parties.  Exhibits provided the parties via prehearing 
exchange of prefiled testimony and exhibits need not be provided to those 
parties again at hearing.

  NOTICE TO PARTIES:  Any objection to the provisions of this Order must be 
filed within ten (10) days after the date of mailing of this statement, 
pursuant to WAC 480-09-460(2).  Absent such objections, this prehearing 
conference order will control further proceedings in this matter, subject to 
Commission review.

  DATED at Olympia, Washington, and effective this 7th day of 
September, 1999.

  WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


      
      DENNIS J. MOSS,
      Administrative Law Judge