DR 98-160
Contoocook Valley Telephone Company
Overearnings Investigation
Order Approving Procedural Schedule
O R D E R N O. 23,064
November 13, 1998
APPEARANCES: Devine, Millimet & Branch by Frederick J.
Coolbroth, Esq., for Contoocook Valley Telephone Company, et al.;
William Homeyer for the Office of the Consumer Advocate; and,
Larry S. Eckhaus, Esq., for the Staff of the New Hampshire Public
Utilities Commission.
On September 22, 1998, the New Hampshire Public
Utilities Commission (Commission) issued an Order of Notice
pursuant to RSA 365:5 and 378:7 opening an investigation into the
level of earnings of Contoocook Valley Telephone Company (CVT).
The Order of Notice scheduled a prehearing conference for October
26, 1998 to consider motions to intervene, and to establish the
remainder of the procedural schedule. A hearing to address the
issue of temporary rates was scheduled for November 20, 1998,
with testimony on the issue to be filed by November 10, 1998.
At the duly noticed Prehearing Conference on October
26, 1998, the Office of the Consumer Advocate (OCA) appeared on
behalf of residential customers as a statutorily mandated party.
In accordance with the Order of Notice, the parties and Staff
stated their initial positions. CVT informed the Commission that
it had just filed a Petition for authority to merge CVT into
Merrimack County Telephone (MCT) with the surviving company to be
called MCT Telecom. CVT indicated that the merger petition
included requests for temporary and permanent rates and that CVT
hoped to consummate the merger prior to the conclusion of this
proceeding.
Staff maintained that CVT was in an overearnings
position and that the merger petition, discussion of any merged
rates, and other issues contained therein, should be considered
as a separate proceeding, although both dockets could proceed
along similar time lines.
At a Technical Session subsequent to the Prehearing
Conference, the parties and Commission Staff (Staff) agreed upon
the following procedural schedule, although CVT reserved its
right to request a change in the schedule pending the outcome of
the Prehearing Conference in Docket DR 98-189.
Staff Audit November 9, 1998 -
January 8, 1999
Staff & OCA Data Requests November 13, 1998
- 1st Set
Company Data Responses December 3, 1998
- 1st Set
Staff & OCA Data Requests December 18, 1998
- 2nd Set
Company Data Responses January 8, 1999
- 2nd Set
Draft Audit Report January 15, 1999
Final Audit Report January 29, 1999
Staff & OCA Testimony February 12, 1999
All Parties Data Requests February 19, 1999
- 1st Set
Staff & OCA Data Responses February 26, 1999
- 1st Set
All Parties Data Requests March 5, 1999
- 2nd Set
Staff & OCA Data Responses March 12, 1999
- 2nd Set
Settlement Discussions March 19, 1999
Company Testimony March 26, 1999
Staff & OCA Data Requests April 9, 1999
- 3rd Set
Company Data Responses April 16, 1999
- 3rd Set
Staff & OCA Data Requests April 23, 1999
- 4th Set (if needed)
Company Data Responses April 30, 1999
- 4th Set (if needed)
Settlement Discussions May 5, 1999
Stipulation (if any) May 11, 1999
Hearing May 18, 1999
We find the stipulated procedural schedule is
reasonable and just. We have also opened Docket DR 098-189, as
recommended by Staff, to address the CVT/MCT petition for merger.
We encourage Staff and the parties to work together to reach an
agreement resolving the issues raised in both proceedings.
Based upon the foregoing, it is hereby
ORDERED, that the procedural schedule stipulated to by
the parties and Staff is adopted to govern our investigation in
this proceeding.
By order of the Public Utilities Commission of New
Hampshire this thirteenth day of November, 1998.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary