DF 98-218
Connecticut Valley Electric Company
Petition for Approval Short-Term Financing, Extension of Current
Long-Term Financing and Mortgage on Assets
Prehearing Conference Order
O R D E R N O. 23,163
March 16, 1999
APPEARANCES: Kenneth C. Picton, Esq. on behalf of
Connecticut Valley Electric Company; Steven V. Camerino, Esq. on
behalf of the City of Claremont; Michael Holmes, Esq. of the
Office of Consumer Advocate on behalf of residential ratepayers;
and Robert Frank, Esq. for the Staff of the New Hampshire Public
Utilities Commission.
I. PROCEDURAL HISTORY
On December 17, 1998, Connecticut Valley Electric
Company (CVEC) filed a petition seeking approval to enter into
the following transactions with Citizens Bank: (a) a $1.25
million short-term revolving line of credit; (b) an extension of
its current long-term loan in the amount of $3.75 million, and
(c) a security agreement granting Citizens bank a first priority
mortgage and security interest in substantially all of CVEC's
assets. CVEC's petition states that its requests are made in
accordance with RSA 369:1, 369:2 and 369:7.
On December 28, 1998, the City of Claremont, New
Hampshire (Claremont) filed a petition to intervene in this
docket. The Office of Consumer Advocate (OCA), a statutorily
recognized intervenor, also appeared in this proceeding.
On February 3, 1999, a duly noticed prehearing
conference was held during which CVEC summarized the contents of
its petition and the materials supporting its request.
Claremont, the OCA and the Commission Staff each expressed
concern about the potential impact the financing might have on
ratepayers' ability to obtain refunds in dockets DR 97-241, DR
98-206 and DC 98-198.
On March 10, 1999, the Commission Staff filed a letter
indicating that Staff, OCA, CVEC and Claremont had agreed to the
following procedural schedule:
Staff/Intervenor Data Requests - February 17, 1999
CVEC's Responses - February 24, 1999
Dispositive Motions - March 3, 1999
Responses to Dispositive Motions - March 15, 1999
Staff/Intervenor Testimony - March 29, 1999
CVEC Data Requests - April 5, 1999
Staff/Intervenor Responses - April 12, 1999
Settlement Conference - May 10, 1999 (10 a.m.)
Hearing - May 20, 1999 (10 a.m.)
II. COMMISSION ANALYSIS
We grant Claremont's petition to intervene, and subject
to one amendment, we approve the proposed procedural schedule set
forth above. In the event that a settlement is reached among
some or all of the participants in this proceeding, we would
expect that a stipulation would be filed at least one week prior
to the hearing.
Based upon the foregoing, it is hereby
ORDERED, that the City of Claremont's petition to
intervene is GRANTED; and it is
FURTHER ORDERED, that the procedural schedule set forth
above is APPROVED.
By order of the Public Utilities Commission of New
Hampshire this sixteenth day of March, 1999.
Douglas L. Patch Susan S. Geiger Nancy Brockway
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary