SUSAN M. SHANAMAN 5 ATTORNEY AT LAW K J 212 North …f. stephenson matthes jon r. mooney sharon r...
Transcript of SUSAN M. SHANAMAN 5 ATTORNEY AT LAW K J 212 North …f. stephenson matthes jon r. mooney sharon r...
SUSAN M. SHANAMAN ATTORNEY AT LAW
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212 North Third Street Suite 203 Harrisburg, PA 17101-1505 {717)236-2055
June 20,1997
James J. McNulty, Prothonotary PA Public Utility Commission Room B 20, North Office Building PO Box 3265 Harrisburg, PA 17105-3265
" ^ U U i t L ( \i j
FOLDER
w ' c j /J^'/Q. ^^(717) 236-2070 FAX
RE: In the Matter of PECO Energy Company's Restructuring Plan; Docket No. R-00973953
Dear Mr. McNulty:
By prior Order of Administrative Law Judge Marlane R. Chestnut, the Center for Energy and Economic Development's Petition to Intervene in the above-captioned matter was granted. CEED was placed on the inactive party list. CEED did not object to said listing because it did not intend to pursue discovery or to file Direct Testimony in the case. However, CEED does wish to review the testimony of other parties to the proceeding, and does wish to reserve the right to file rebuttal or surrebuttal testimony should the facts warrant Therefore, CEED hereby specifically requests that parties herein please send a copy of their testimony to the undersigned attorney, if they have not already done so, so that CEED can appropriately determine the need to file any rebuttal or surrebutal testimony as a matter of presenting its unique interests.
Enclosed for your files are an original and three copies of this document. Copies of the document have been served in accordance with the attached certificate of service.
Kindly date stamp an enclosed copy and return in the SASE. Any questions, please contact me.
DOCKETED JUN 25
Sincerely,
lanaman. Attorney for The Center for Energy and Economic Development
cc: Parties of Record Hon. Marlane R. Chestnut Hon. Charles E. Rainey, Jr.
D fa F] CERTIFICATE OF SERVICE
I hereby certifyQhgt^ jjajye^served the foregoing document upon the following persons by first class mail, postage prepaid. " ^ " "WUtiZS !>}] IQ: 30
Kenneth Mickens, Esq. Charles D. Shields, Esq. PA Public Utility Commission Office of Trial Staff PO Box 3265 Harrisburg, PA 17105-3265
Paul R. Bonney, Esq. Ward Smith, Esq. Robin L. Krongold, Paralegal PECO Energy Company 2301 Market Street, PO Box 8699 Philadelphia, PA 19101-8699
Tanya McCloskey, Esq. Steven K. Steinmetz, Esq. Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Bernard A. Ryan, Esq. Karen Oill Moury, Esq. Small Business Advocate 300 N. 2nd Street, Suite 1102 Harrisburg, PA 17101
David Kleppinger, Esq. Derrick P. Williamson, Esq. PAIEUG McNees Wallace and Nurick PO Box 1166 Harrisburg, PA 17108-1166
John L. Munsch, Esq. Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601
GPU Energy Ryan Russell Ogden and Seltzer 1100 Berkshire Boulevard, Suite 301 Reading, PA 19610
Paul Russell, Esq. Pennsylvania Power and Light Company Two North Ninth Street Allentown, PA 18101
Steven P. Hershey, Esq. Community Legal Services Inc. 1424 Chestnut Street Philadelphia, PA 19102
Roger Clark, Esq. Environmentalists 905 Denston Drive Ambler, PA 19002-3901
Janet Miller, Esq. MAPSA Malatesta Hawke and McKeon 100 North Tenth Street PO Box 1778 Harrisburg, PA 17105-1778
Christopher B. Craig, Esq. Senator Vincent J. Fumo Room 545, Main Capitol Building Harrisburg, PA 17120
Donald A. Kaplan, Esq. Pennsylvania Power and Light Suite 500 1735 New York Avenue, NW Washington DC 20006-4759
Bruce A. Connell, Esq. Dupont Power Marketing, Inc. 600 North Daily Ashford CH-lOSl Houston, Texas 77079
Craig A. Doll, Esq. Delmarva Power and Light Company 214 State Street Harrisburg, PA 17101
Walter W.Cohen, Esq. Andrew J. Giorgione, Esq. Indianapolis Power and Light Company 204 State Street Harrisburg, PA 17102
David Boonin, Esq. New Energy Ventures 200 South Broad Street Suite 800 Philadelphia, PA 19107
usan M. Shanaman
Attorney for the Center for Energy and Economic Development
Dated: June 20, 1997
M C N E E S , W A L L A C E & N U R I C K ATTORNEYS AT LAW
BRUCE D. BAGLEY
A L A N R BOYNTON. JR .
ERIC L- B R O S S M A N
ROBERT M. CHERRY
LOUIS A. DEJOIE
DAVID a DISNEY
MICHAEL A. D O C T R O W
ELIZABETH A. DOUGHERTY
HARVEY FREEDENBERG
J A M E S l_ FRTTZ
W. J E F F R Y J A M O U N E A U
MICHAEL G- J A R M A N
D O N A L D a KAUFMAN
STEPHEN R. KERN
DAVID M. KLEPPINGER
BERNARD A. LABUSKES. JR .
DELANO M. L A N T Z
DAVO E-LEI-MAN
F R A N K U N A. MILES. JR.
ROBERT A. MILLS
STEPHEN A. MOORE
J O H N a OYLER
G A R Y A. RITTER
DANA S T E V E N S S C A D U T O
RICHARD W. STEVENSON
DIANE M. TOKARSKY
CATHERINE E. WALTERS
DAVID M- WATTS. OR.
STEVEN J . WEINGARTEN
NEAL a W E S T
NORMAN L W M T E
LAWRENCE R. W C D E R
WOJJAM M. YOUNG. JR.
IOO PINE STREET P. O. BOX 1166
HARRISBURG. PA I7 IOB- I I 66 TELEPHONE (717) 232-8000 FAX 1717) 237-5300
1200 G STREET N.W. SUITE SOO
WASHINGTON. D.C. 2 0 0 0 5 TELEPHONE 1202)434-8991 FAX 12021434-8707
http://www.mwn.com
OF COUNSEL ROBERT H. GRISWOLD FRANCIS B. HAAS. JR. RICHARD R. LEFEVER
SAMUEL A. SCHRECKENGAUST. JR,
DOCUMEN] FOLDER
Writer's Direel Dial: (717) 237-5446
E-Mail: [email protected]
June 20, 1997
JENNIFER L. BAKER
JEFFREY F. CHAMPAGNE
J A M E S P. DEANGELO
J A M E S P. DOUGHERTY
KATHLEEN A. DUNST
DEBRA P. FOURLAS
HELEN L. GEMMILL
ROBERT J . GODUTO
S C O T T A. GOULD
RANDOLPH a HOUSTON. JR.
BRIAN F. J A C K S O N
BRIAN E. KAMOIE
MICHAEL R KELLEY
PETTER F. KRIETE
J A M E S W. KUTZ
LOUISE HUTCHINSON MARA
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F. STEPHENSON MATTHES
J O N R. MOONEY
SHARON R PAXTON
C H A D F. PHIPPS
PAMELA C. POLACEK
JONATHAN K RUDD
BRUCE R SPICER
C A R O L A. STEINOUR
S U S A N V. STEWART
ROBERT F. TEPLTTZ
ROBERT A. WEJSHAAR J R
DERRICK P. WILLIAMSON
J O H N A. WITHEROW. J R
KATHLEEN A. WOLOWSKI
SAMUEL a YUN
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VIA F E D E R A L EXPRESS Honorable Marlane R. Chestnut Honorable Charles E. Rainey, Jr. Administrative Law Judges Pennsylvania Public Utility Commission 1302 Philadelphia State Office Building 1400 West Spring Garden Street Philadelphia, PA 19130
Re: Pennsylvania Public Utility Commission v. PECO Energy Company - Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code; Docket No. R-00973953
Dear Judges Chesmut and Rainey:
Consistent with the procedural schedule in the above-referenced proceeding, enclosed please find copies of written direct testimony prepared on behalf of the Philadelphia Area Industrial Energy Users Group ("PAIEUG") as follows:
(1) PAIEUG Statement 1 (the direct testimony and exhibits of Stephen J. Baron)
(2) PAIEUG Statement 2 (the direct testimony and exhibits of Randall J. Falkenberg)
(3) PAIEUG Statement 3 (the direct testimony and exhibits of Lane Kollen)
Honorable Marlane R. Chestnut Honorable Charles E. Rainey, Jr. June 20, 1997 Page 2
Copies are also being served upon all parties of record as evidenced by the attached Certificate of Service.
Very truly yours,
McNEES, WALLACE & NURICK
By _ Derrick P. Williamson
Counsel to the Philadelphia Area Industrial Energy Users Group
DPW/aeh Enclosures c: Certificate of Service
James J. McNulty, Prothonotary (transmittal letter and Certificate of Service only)
K:\146\08115\CHESTNUT.LTR
CERTIFICATE OF SERVICE
ocu,. FOLDEk
I hereby certify that I am this day serving a true copy of the direct testimony and
exhibits of the Philadelphia Area Industrial Energy Users Group upon the participants listed
below in accordance with the requirements of 52 Pa. Code § 1.54 (relating to service by a
participant).
VIA HAND DELIVERY:
Tanya J. McCloskey, Esq. Steven K. Steinmetz, Esq. Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esq. Office of Small Business Advocate Suite 1102, Commerce Building 300 North Second Street Harrisburg, PA 17101
Daniel Clearfield, Esq. Alan C. Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 North Front Street, Suite 401 Harrisburg, PA 17101
Christopher B. Craig, Esq. Office of Senator Vincent J. Fumo Room 545, Main Capitol Building Harrisburg, PA 17120
Alan J. Barak, Esq. 1417 Blue Mountain Parkway Harrisburg, PA 17112
Craig A. Doll, Esq. 214 State Street Harrisburg, PA 17101
DOCKETED JUN 26
CD" CD Linda C. Smith, Esq.
Dilworth, Paxson, Kalish & I^ f fman 305 North Front Street, Suite 4G3 Harrisburg, PA 17101
Terrance J. Fitzpatrick, Esq. David M. DeSalle, Esq. Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102-0
Janet Miller, Esq. 3 c_ Malatesta, Hawke & MgK^on S 100 North Tenth Street?,o P.O. Box 1778 5^ Harrisburg, PA 17105-^73 3
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o CO Walter W. Cohen, Esq.4;
Andrew J. Giorgione, ^sg. Obermayer, Rebmann, Maxwell & Hippel 204 State Street Harrisburg, PA 17101
Kenneth L. Mickens, Esq. Office of Trial Staff PA Public Utility Commission Pitnick Building, Third Floor 901 North 7th Street, Rear P.O. Box 3265 Harrisburg, PA 17105-3265
CERTIFICATE OF SERVICE Page 2
Joseph J. Malatesta, Jr., Esq. Lillian Smith Harris, Esq. Malatesta, Hawke & McKeon 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Susan Shanaman, Esq. Center for Energy and Econ. Dev. 212 North Third Street, Suite 203 Harrisburg, PA 17101-1505
VIA FEDERAL EXPRESS:
Paul R. Bonney, Esq. Ward L. Smith, Esq. PECO Energy Company 2301 Market Street Philadelphia, PA 19103
Sharon Johnson Putnam, Hayes & Bartlett 1776 Eye Street, NW Washington, DC 20006
Judah L. Rose ICF Resources, Inc. 9300 Lee Highway Fairfax, VA 22031
Thomas S. LaGuardia TLG Services, Inc. 148 New Milford Road East Bridgewater, CT 06752
James I . Warren Reid & Priest 40 West 57th Street New York, NY 10019
J. Gregory Sidak American Enterprise Institute 1150 17th Street, NW Washington, DC 20036
Joseph F. Brennan AUS Consultants 155 Gaither Drive Mt. Laurel, NJ 08054
William F. Sundermeir 2504 West Avenue Ocean City, NJ 08226
Randall V. Griffm, Esq. Delmarva Power & Light Company 800 King Street Wilmington, DE 19899
Steven P. Hershey, Esq. Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102
Paul E. Russell, Esq. Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101
Donald A. Kaplan, Esq. Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759
CERTIFICATE OF SERVICE Page 3
Roger Clark, Esq. Environmentalists NESIP 905 Denston Drive Ambler, PA 19002-3901
Mr. David Boonin New Energy Ventures - Mid Atlantic 1845 Walnut Street, Suite 2525 Philadelphia, PA 19103
Bruce A. Connell, Esq, DuPont Power Marketing, Inc. Legal Department 600 North Dairy Ashford, ML-1034 Houston, TX 77079
Mr. Brian Kalcic Excel Consulting Suite 720-T 225 South Meramec Avenue St. Louis, MO 63105
Michael L. Kessler Vice President and General Counsel American Energy Solutions, Inc. 111 South Alfred Street Alexandria, VA 22314
Joel D. Newton, Esq. Vemer Lipfert Bemhard McPherson
&Hand 901 - 15th Street, NW Washington, DC 20005-2301
Michael G. Banta, Esq. Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
John L. Munsch, Esq. Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689
Mr. Sam DeFrawi Director, Navy Rate Intervention Washington Navy Yard, Building 212 Code OORI 901 M Street, SE Washington, DC 20374-5018
Audrey Van Dyke, Esq. Naval Facilities Engineering Command Washington Navy Yard, Building 218 Room 200 901 M Street, SE Washington, DC 20374-5018
Joseph A. Dworetzky, Esq. John P. Lavelle, Jr., Esq. Hangley, Aronchick, Segal & Pudlin One Logan Square, Twelfth Floor Philadelphia, PA 19103
Gary A. Jeffries, Esq. CNG Energy Services Corporation One Park Ridge Center P.O. Box 15746 Pittsburgh, PA 15244-0746
Mr. Lance S. Haver 6048 Ogontz Avenue Philadelphia, PA 19141
Usher Fogel, Esq. Roland, Fogel, Koblenz & Carr, LLP 1 Columbia Place Albany, NY 12207
CERTIFICATE OF SERVICE Page 4
Paul L. Ziegler, Esq. Ziegler & Zimmerman, PC 355 North 21st Street, Suite 304 P.O. Box 1080 Camp Hill, PA 17011
Mr. Richard Silkman 163 Main Street Yarmouth, ME 04096
Mr. Peter Bradford Bradford Road, Route 11 P.O. Box 497 Peru, VT 05152
Mr. Jerry Mendl MSB Energy Associates 7507 Hubbard Avenue, Suite 200 Middleton, WI 53562
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Derrick P. Williamson
Dated this 20th day of June, 1997, in Harrisburg, Pennsylvania.
COMMONWEALTH OF PENNSYLVANIA
UOCUMEMT FOLDER
Bernard A. Ryan, Jr. Small Business Advocate
OFFICE OF SMALL BUSINESS Suite 1102, Commerce Building
300 North Second Street Harrisburg, Pennsylvania 17101
J u n e 2 0 , 1997 (717)783-2525 (717) 783-2831 (FAX)
O f f i c e of the Prothonotary Pennsylvania Public u t i l i t y Commission Room B-20, North O f f i c e B u i l d i n g P. O. Box 3265 Harrisburg, PA 17105-32 65
Re: Application Of PECO Energy Company For Approval Of I t s Restructuring Plan Under Section 2806 Of The Public U t i l i t y Code Docket NO. R-00973953
Dear Prothonotary:
Enclosed i s a c e r t i f i c a t e of service pursuant t o 52 Pa. Code §5.342(d) c e r t i f y i n g t h a t on t h i s date the O f f i c e of Small Business Advocate served the responses t o I n t e r r o g a t o r i e s , Nos. 1 through 12, propounded by PECO Energy Company i n the above-captioned proceeding. A copy has been served on a l l p a r t i e s of record.
Sincerely,
Karen O i l l Moury As s i s t a n t Small Business vocate
Enclosure cc: P a r t i e s of Record
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BEFORE THE /' "• FT
PENNSYLVANIA PUBLIC UTILITY COMMISSIONJ ^ u
A p p l i c a t i o n of PECO Energy Company For Approval Of I t s R e s t r u c t u r i n g Plan Under Section 2806 Of The Public U t i l i t y Code
Docket No. R-00973953
CERTIFICATE OF SERVICE
MCKETED
I c e r t i f y t h a t I am serving the responses on behalf of the O f f i c e of Small Business Advocate t o PECO Energy Company i n t e r r o g a t o r i e s , Nos. 1 through 12, upon the persons addressed below:
Paul Bonney, Esquire Ward Smith, Esquire PECO Energy Company 2301 Market St r e e t P.O. Box 8699 P h i l a d e l p h i a , PA 18101-8699 (overnight mail)
Kenneth L. Mickens, Esquire Charles Daniel Shields, Esq. O f f i c e of T r i a l S t a f f Pa. Public U t i l i t y Commission P.O. Box 3265 Harrisburg, PA 17101
Alan J. Barak, Esquire 1417 Blue Mountain Parkway Harrisburg, PA 17112
Walter W. Cohen, Esquire Obermayer Rebmann Maxwell &
Hippel LLP 204 State S t r e e t Harrisburg, PA 17101
John L. Munsch, Esquire West Penn Power Company 800 Cabin H i l l Drive Greensburg, PA 15601
David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine S t r e e t P.O. Box 1166 Harrisburg, PA 17108-1166
Tanya J. McCloskey, Esquire Steven K. Steinmetz, Esquire O f f i c e of Consumer Ad'^ofcate 1425 Strawberry Squar^ 3
Harrisburg, PA 1 7 1 2 ^
Christopher B. Craig,^gsquire Counsel t o Senator Fumo Room 54 5, Main C a p i t o l Bldg. Harrisburg, PA 1712 0
Craig A. D o l l , Esquire 214 State S t r e e t Harrisburg, PA 17101
Daniel C l e a r f i e l d ^ Esou'ire Wolf, Block, Schop?^ & c;
Solis-Cohen ~m " Suite 401 £ p o' 3 05 North Front S t r e e t Harrisburg, PA 7 1 ( 3
William T. Hawke, Esq Janet L. Miller, Esqu^e^l I uanei: JJ. r a i x i e r , ^squj&e^l I p. ^ Todd S. Stewart, Es q i i i r e : L. i j n Q Malatesta, Hawke & McKeon" c* 100 North Tenth S t r e e t P. O. Box 1778 Harrisburg, PA 17105
CT)
O ~ 1 Richard LaCapra
-jLaCapra Associate^ oo 'The Providence Biii'lding 333 Washington S t r e e t Boston, MA 02108
Paul Russell, Esquire Pennsylvania Power & L i g h t Co Two North Ninth S t r e e t Allentown, PA 18101-1179
C l i n t o n A. Vince, Esquire Paul E. Nordstrom, Esquire Deborah A. Swanstrom, Esquire Joel D. Newton, Esquire Verner, L i i p f e r t , Bernhard,
McPherson & Hand 901 15th S t r e e t , N.W. Washington, DC 20005-2301
Donald A. Kaplan, Esquire Preston Gates E l l i s &
Rouvelas Meeds Suite 500 1735 New York Avenue, N.W. Washington, DC 20006-4759
Mr. Lance S. Haver 6048 Ogontz Avenue Ph i l a d e l p h i a , PA 19141
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Terence F i t z p a t r i c k , Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North T h i r d S t r e e t Suite 101 Harrisburg, PA 17102-2025
Linda C. Smith, Esquire D i l w o r t h , Paxson, K a l i s h &
Kauffman 305 North Front S t r e e t Suite 403 Harrisburg, PA 17101
Michael L. Kessler, Esquire Vice President/General Counsel American Energy Solutions, Inc. I l l South A l f r e d S t r e e t Alexandria, VA 22314
Joseph J. Malatesta, J r . , Esq. Malatesta, Hawke & McKeon 100 North Tenth S t r e e t P. O. Box 1778 Harrisburg, PA 17105
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut S t r e e t P h i l a d e l p h i a , PA 19102
Michael G. Banta, Esquire Vice-President and A s s i s t a n t
General Counsel I n d i a n a p o l i s Power & L i g h t Co. One Monument C i r c l e P.O. Box 1595 I n d i a n a p o l i s IN 46206-1595
Randall V. G r i f f i n , Esquire Delmarva Power & L i g h t Company 800 King S t r e e t Wilmington, DE 19899
Mr. David Boonin New Energy Ventures 200 S. Broad S t r e e t , Suite 800 Ph i l a d e l p h i a , PA 19102
Roger Clark, Esquire NESIP 9 05 Denston Drive Ambler, PA 19002-3901
Mr. Stephen J. Baron J. Kennedy and Associates, Inc. 35 Glenlake Parkway, Suite 475 A t l a n t a , GA 30328
Audrey Van Dyke, Esquire Naval F a c i l i t i e s Engineering Command - L i t i g a t i o n Headquarters 09L Washington Navy Yard Bldg. 218 901 M S t r e e t SE Washington, DC 20374-5018
Mr. Peter Bradford P.O. Box 497 Peru, Vermont 05152
Mr. Richard Silkman 163 Main St r e e t Yarmouth, Maine 04096
Usher Fogel, Esquire Roland, Fogel, Koblenz
& Carr, LLP 1 Columbia Place Albany, NY 12207
Susan M. Shanaman, Esquire 212 North T h i r d S t r e e t Suite 203 Harrisburg, PA 17101-1505
Joseph A. Dworetzky, Esquire Hangley Aronchick Segal
& Pudlin One Logan Square Twelfth Floor P h i l a d e l p h i a , PA 19103-6933
Date: June 20, 1997
Karen O i l l Moury Deputy Small Business Advo't
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C O M M O N W E A L T H ^ E P E N N S Y L V ^
OFFICE OF SMALL BUSINESS ADVOCATE Suite 1102, Commerce Building
300 North Second Street Harrisburg, Pennsylvania 17101
Bernard A. Ryan, Jr. Small Business Advocate June 20, 1997
(717) 783-2525 (717)783-2831(FAX)
UUou O f f i c e of the Prothonotary Pennsylvania Public U t i l i t y Coimnission Room B-20, North O f f i c e B u i l d i n g P.O. Box 3265 Harrisburg, PA 1710 5-3265
Re: Application of PECO Energy Company For Approval Of I t s Restructuring Plan Under Section 2806 the Public U t i l i t y Code Docket NO. R-00973953
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Dear Prothonotary:
Enclosed i s a c e r t i f i c a t e of service pursuant t o 52 Pa. Code §5.412(f) f o r f i l i n g the d i r e c t testimony and e x h i b i t of Mr. Brian K a l c i c i n the above docket labeled OSBA Statement No. 1.
I f you have any questions, please do not h e s i t a t e t o contact me.
Sincerely,
Karen O i l l Moury Deputy Small Business Advocate
Enclosure
DOOtETED
BEFORE PENNSYLVANIA PUBLIC U
A p p l i c a t i o n of PECO Energy Company For Approval Of I t s R e s t r u c t u r i n g Plan Under Section 2806 Of The Public U t i l i t y Code
CERTIFICATE OF SERVICE
I c e r t i f y t h a t I am serving two copies of the d i r e c t testimony of Brian K a l c i c on behalf of the O f f i c e of Small Business Advocate i n the manner i n d i c a t e d upon the persons addressed below:
Hon. Marlane R. Chestnut A d m i n i s t r a t i v e Law Judge Pa. Public U t i l i t y Commission 1302 P h i l a . State O f f i c e Bldg. Broad and Spring Garden Streets P h i l a d e l p h i a , PA 19130 (overnight mail 6/19)
Paul Bonney, Esquire Ward Smith, Esquire PECO Energy Company 2301 Market Str e e t P.O. Box 8699 Ph i l a d e l p h i a , PA 19101-8699 (overnight m a i l 6/19)
Kenneth L. Mickens, Esquire Charles Daniel Shields, Esq. O f f i c e of T r i a l S t a f f Pa. Public U t i l i t y Commission P.O. Box 3265 Harrisburg, PA 17101 (hand d e l i v e r e d 6/20)
Alan J. Barak, Esquire 1417 Blue Mountain Parkway Harrisburg, PA 17112 ( f i r s t class mail 6/19)
Walter W. Cohen, Esquire Obermayer Rebmann Maxwell &
Hippel LLP 204 State S t r e e t Harrisburg, PA 17101 (hand d e l i v e r e d 6/20)
Hon. Charles E. Rainey, J r . A d m i n i s t r a t i v e Law Judge Pa. Public U t i l i t y Commission 1302 P h i l a . State O f f i c e Bldg. Broad and Spring Garden Streets P h i l a d e l p h i a , PA 19130 (overnight mail 6/19)
David Kleppinger, EsquS5e McNees, Wallace & NuriGR 100 Pine St r e e t P.O. Box 1166 ^ Harrisburg, PA 17108gjl66 (hand d e l i v e r e d 6/20)
Tanya J. McCloskey, Esquire Steven K. Steinmetz, Esquire O f f i c e of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120 (hand d e l i v e r e d 6/r2;o)
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Christopher B. Cra^gtl Esquire Counsel t o Senator^Fumcv-Room 545, Main Cap-jLjtpl £§ldg. Harrisburg, PA iSi^O (hand d e l i v e r e d e/ -tS) 3
Daniel Clearfield,^Esqiiire Wolf, Block, Schorp; & co
Solis-Cohen r ' ' Suite 4 01 3 05 North Front S t r e e t Harrisburg, PA 17101 (hand d e l i v e r e d 6/20)
John L. Munsch, Esquire West Penn Power Company 800 Cabin H i l l Drive Greensburg, PA 15601 (overnight m a i l 6/19)
W i l l i a m T. Hawke, Esquire Janet L. M i l l e r , Esquire Todd S. Stewart, Esquire Malatesta, Hawke & McKeon 100 North Tenth St r e e t P. O. Box 1778 Harrisburg, PA 17105 (hand d e l i v e r e d 6/20)
C l i n t o n A. Vince, Esquire Paul E. Nordstrom, Esquire Deborah A. Swanstrom, Esquire Joel D. Newton, Esquire Verner, L i i p f e r t , Bernhard,
McPherson & Hand 901 15th S t r e e t , N.W. Washington, DC 20005-2301 (overnight m a i l 6/19)
Donald A. Kaplan, Esquire Preston Gates E l l i s &
Rouvelas Meeds Suite 500 1735 New York Avenue, N.W. Washington, DC 20006-4759 (overnight m a i l 6/19)
Mr. Lance S. Haver 6048 Ogontz Avenue Ph i l a d e l p h i a , PA 19141 (overnight m a i l 6/19)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079 (overnight m a i l 6/19)
Terence F i t z p a t r i c k , Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North T h i r d S t r e e t Suite 101 Harrisburg, PA 17102-2025 (hand d e l i v e r e d 6/20)
Craig A. D o l l , Esquire 214 State S t r e e t Harrisburg, PA 17101 (hand d e l i v e r e d 6/20)
Mr. Richard LaCapra LaCapra Associates The Providence B u i l d i n g 333 Washington Str e e t Boston, MA 02108 (overnight mail 6/19)
Paul Russell, Esquire Pennsylvania Power & L i g h t Co. Two North Ninth S t r e e t Allentown, PA 18101-1179 (overnight mail 6/19)
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut S t r e e t P h i l a d e l p h i a , PA 19102 (overnight m a i l 6/19)
Michael G. Banta, Esquire Vice-President and A s s i s t a n t
General Counsel I n d i a n a p o l i s Power & L i g h t Co. One Monument C i r c l e P.O. Box 1595 I n d i a n a p o l i s IN 4 62 06-1595 (overnight mail 6/19)
Randall V. G r i f f i n , Esquire Delmarva Power & L i g h t Company 800 King S t r e e t Wilmington, DE 19899 (overnight mail 6/19)
Mr. David Boonin New Energy Ventures 200 S. Broad S t r e e t , Suite 800 P h i l a d e l p h i a , PA 19102 (overnight m a i l 6/19)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901 (overnight m a i l 6/19)
Linda C. Smith, Esquire D i l w o r t h , Paxson, K a l i s h &
Kauffman 305 North Front St r e e t Suite 403 Harrisburg, PA 17101 (hand d e l i v e r e d 6/20)
Michael L. Kessler, Esquire Vice President/General Counsel American Energy Solutions, Inc. I l l South A l f r e d S t r e e t Alexandria, VA 22314 (overnight m a i l 6/19)
Mr. Stephen J. Baron J. Kennedy and Associates, Inc. 35 Glenlake Parkway, Suite 475 A t l a n t a , GA 30328 (overnight m a i l 6/19)
Audrey Van Dyke, Esquire Naval F a c i l i t i e s Engineering Command - L i t i g a t i o n Headquarters 09L Washington Navy Yard Bldg. 218 901 M St r e e t SE Washington, DC 20374-5018 (overnight mail 6/19)
Joseph J. Malatesta, J r . , Esq, Malatesta, Hawke & McKeon 100 North Tenth St r e e t P. O. Box 1778 Harr i sburg, PA 17105 (hand d e l i v e r e d 6/20)
Usher Fogel, Esquire Roland, Fogel, Koblenz
& Carr, LLP 1 Columbia Place Albany, NY 12 2 07 (overnight m a i l 6/19)
Susan M. Shanaman, Esquire 212 North T h i r d S t r e e t Suite 203 Harrisburg, PA 17101-1505 (hand d e l i v e r e d 6/20)
Mr. W i l l i a m F. Sundermeir 2504 West Avenue Ocean C i t y , NJ 08226 (overnight m a i l 6/19)
Judah L. Rose ICF Resources, Inc. 93 00 Lee Highway F a i r f a x , VA 22031 (overnight m a i l 6/19)
Mr. Peter Bradford P.O. Box 497 Peru, Vermont 05152 (overnight mail 6/19)
Mr. Richard Silkman 163 Main Str e e t Yarmouth, Maine 04 09 6 (overnight m a i l 6/19)
Joseph A. Dworetzky, Esquire Hangley Aronchick Segal
& Pudlin One Logan Square Twelfth Floor P h i l a d e l p h i a , PA 19103-6933 (overnight mail 6/19)
Ms. Sharon Johnson Putnam, Hayes & B a r t l e t t 1776 Eye S t r e e t , NW Wa sh i ngton, DC 2 0006 (overnight m a i l 6 / 1 ^
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Date: June 20, 1997
Karen O i l l Moury Deputy Small Business Adv
Legal Department
PECO ENERGY 0\
James W. Durham Senior ^ice Presideni and General Counsel
Sandra H. Byrne Legal Adminisiraior
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen. Jr. Todd D. Culler Vilna Wgldron Gasion Gfegory Golazeski John C. Halderman Mary McFaH Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0- Kattner Stephanie Whiilon Lewis Jeffrey J- Norton Mark B. Peabody Roslyn G- Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Foehl Jenny R Shulbank Ward L. Smilh Dawn Getty Sutphin Noel H. Tfask
Assistant General Counsel
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 20, 1997
Bv Overniqht Delivery
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Bldg 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Audrey: o CD
Enclosed are PECO Energy Company's Answers to the Department of tfcei Navy's Interrogatories: ^
Set I Navy-l-7, Navy-l-23 and Navy-l-41.
Sincerely,
Paul Bonney
PRB/mbo
Enclosures
cc: w/enclosures Certificate of Service (w/enclosure)
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James McNulty, Acting Prothonotary (Certificate of Service Only)
91203v07
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James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Administrator
Paul R. Bonney Blen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFaH Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stephanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Foehl Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counse'
Legal Department
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5 5 4 4 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 20, 1997
Bv Overnight Delivery
Paul E. Nordstrom, Esquire Verner, Liipfert Bernhard McPherson and
Hand 901 -15 t h Street, N.W. Washington, DC 20005-2301
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code ^ Docket No. R-00973953 /NO
Dear Paul: co
Enclosed are PECO Energy Company's Answers to Allegheny Power's Interrogatories:
Set I: Allegheny-l-13 and Allegheny-l-18.
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Sincerely,
QdsuJl &cnrtty/mc>
Paul Bonney
PRB/mbo
Enclosures cc: w/enclosures
Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
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Legal Department
James W. Durham Senior Vice President and General CounseJ
Sandra H. Byrne Legal Administrator
F^ul R. Bonney B e n M. Cavanaugh Edward J . Cullen. J r Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Undsay Johnston Conrad 0 . Kanner Stephanie Whi t lon Lewis Jeffrey J . Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Foehl Jenny R Shulbank Ward L. Smi lh Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 20, 1997
Bv Overnight Delivery Tanya McCloskey Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Tanya: CD
Enclosed are PECO Energy Company's Answers to the Office of Consurr^ Advocate's Interrogatories: \ /
Set X: OCA-X-5 and OCA-X-8.
Set XV: OCA-XV-1 through OCA-XV-3, OCA-XV-6, OCA-XV-10, OCA-XV-11, OCA-XV-14, OCA-XV-17, OCA-XV-22, OCA-XV-24 through OCA-XV-26, OCA-XV-28, OCA-XV-29, OCA-XV-34, OCA-XV-40, OCA-XV-43, OeA-XV-46, OCA-XV-50, OCA-XV-51 and OCA-XV-54.
If you have any questions, please call me at (215) 841-4252.
Sincerely,
Paul Bonney
PRB/mbo Enclosures cc: w/enclosures
Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
87605V28 'GCUFlEi i
Legal Department
James W. Durham Senior Vice President and General Counsel
Sandra H. Byme Legal Adminisiraior
Paul R.Bonney Ellen M. Cavanaugh Edward J. Cullen. Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner StepTTanie Whitfon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Foehi Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assisiam General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8 6 9 9 Philadelphia, PA 19101-8699 215 841 5 5 4 4 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 20, 1997
Bv Overnight Delivery Steven P. Hershey, Esquire Community Legal Services 1424 Chestnut Street - 4 t h Floor Philadelphia, PA 19102
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Steve: o CD
Enclosed is PECO Energy Company's Answer to the Consumer EducattDm & Protective Association's Interrogatory:
Set I: CEPA-l-9.
If you have any questions, please call me at (215) 841-4252.
Sincerely,
4 ^ Paul Bonney
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PRB/mbo Enclosures cc: w/enclosures
Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
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'OCUMEN
Legal Department
James W. Durham Senior Vice Presiceni and General Counsel
Sandra H. Byme Legal Ad mini sua mr
Paul R. Bonney Blen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Culler Vilna Waldron Gaston Gregory Golazeski John C. Hatderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner Stephanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Rosiyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Foehl Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 20, 1997
Bv Overnight Delivery
Usher Fogel, Esquire Rolland, Fogel, Loblenz & Carr, LLP 1 Columbia Place Albany, NY 12207
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code - o Docket No. R-00973953 cr>
ro cr»
Dear Usher: cn
Enclosed are PECO Energy Company's Answers to the Pennsylvania Petroleum Association's Interrogatories:
Set I PPA-l-1 through PPA-l-3.
Sincerely,
Paul Bonney
PRB/mbo
Enclosures
cc: w/enclosures Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
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91949
ut;u
Legal Department
James W, Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Adminisiraior
Paul R. Bonney Blen M, Cavanaugh Edward J. Cuilen. Jr. Todd D. Cutler Vilna Waldron Gasion Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stephanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Foehl Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assisiam General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Sox 8699 Philadelphia, PA 19101-8699 215 841 5 5 4 4 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 20, 1997
Bv Overnight Delivery
Alan J. Barak, Esquire 1417 Blue Mountain Parkway Harrisburg, PA 17112
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Alan: o CD ro
Enclosed are PECO Energy Company's Answers to the EnvironnJtShtalists' Interrogatories: K O
Set III Environmentalists-lll-91 and Environmentalists-lll-150.
Sincerely,
Paul Bonney
PRB/mbo
Enclosures
cc: w/enclosures Certificate of Service (w/enclosure)
-a o —I
Z' to
James McNulty, Acting Prothonotary (Certificate of Service Only)
89329V16
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gf f f t f i ca te of Service
I horeby certify that I have this data served [he following Answers oy facsttnile. first class or ovemignt/express mai l , upon (he persons
addressed below:
,.ry strts- t.*'*. (*<'0, ti.w,*?, j*. jy, 3$, it, Office of Consumer Advocate s Interraoaiones; 1 A i y
Departfnent ot Ihe Navy's Inierrogatones: Set I -yi J } EnvirDnmennlists ' Interroqatones: S ^ r / ^ T " ".
fitteohMi : ser X '3, Kannvth L. Mickens. Senior Prosecuior Ctwrtes Shields. Prosecutor Pemnyivania Public Utilify Commission Off ica of Trial Slaff P.O. Box 3256 Hwnsburg.PA I7J05-32S5
Derrick Wi l l iamson. Esquire David Kleppinger. Esquire McNees. Wal lace & Nurick 100 Pine Slreel Harnsburg, PA f 7108-116S (Counsel for PAIEUG)
Und /SO
J, ^ 3 : s-c-r X •
Tanya McCloskey. Esauire (FedEx) S t a m n K. Sleinmetz. Esquire Aasistant Consumer Advocate Off ice of Consumer Advocale 1425 Slraw&erry Square Harnsburg, PA 17120
Karen Oill Moury, Esquire Aasistant Small Business Advocale Sui ts 1102. Commerce Building 300 N. 2"° Slreet Harnsburg, PA 17101
Christophef S. Craig. Esquire Democral ic Committee on Aopropnations Room 545. Main Capitol Building Harnsburg, PA 17120
(Counsel for The Honorable Vincent J . Fumo)
Daniel Clearfield. Esquire Alan Kohler. Esquire Wolf, Slack. Schorr and Solis-Cohen 305 N. Front Slreet: Suite 401 Harnsburg. PA 17101 (Counsel for Enron)
Paul Russel l . Esquire Pamtsvivania Power A Light Company TWo North Ninth Slreet M a n t o w n . P A 18101 (Counsel for PP&L)
Craig A. Ooll. Esquire 214 State Slreel Harnsburg, PA 17101 (Counsel for Delmarva Power & Light)
Alan J . Barak. Esquire Penn Energy Project 1417 Blue Mountain Parkway Harnsburg, PA 17112 (Aflomny for Environmenlalists)
John L. Munsch. Esquire Allegheny Power 900 Cabin Hill Drive Oroansburg, PA 15601-1689 (Counsel for Allegheny Power)
Sn jcs A. Connell , Esquire OuPont Power Marketing, Inc. Lagal Department 600 N. Dairy Ashford. ML-1034 Houston. TX 77079 (Counsqt for DuPont Power Marketing, inc.)
87927
Steven P Hershey. Esauire Communitv Legal Services, inc. 1424 Chestnut Street Phitadelonia. PA 19102 (Counsel lor CEPA. TAG, Action Alliance of Sr. CiXxzamX John Long, Jr.)
rv> Donald A. Kaplan, Esquire Preston. Gates, el at. Suda 500 1735 New Vorfc Avenue. NW Waahington. CC 20006-4759 (Counsel for PP&L)
Unda C. Smith. Esquire DBworttt. Paxson. Kalish & Kauffman 305 North Front Slreet. Suits 403 Harnsburg, PA 17101 (Counsel for AARP)
CD
CO CD
Randall V. Griff in. Esquire Ooimarva Power & l igh t Company 800 King Street Wi lmington. OE 19899 (Counse* for Delmarva Power A Lighl)
o
' Clark. Esquire NESIP 905 Denston Qrive Ambler, PA 19002-3901
• "O
Paul E. Nordstrom. Esquire Joat D. Newton, Esquire Vamar Lipfert Somttara McPherson 4 f l and 9 0 1 - 1 5 " Slreet, NW P", Washington. OC 20005-2301 (Counsel for Allegheny Power)
Mfchaai G. Banta, Esquire Indianapolis Power & Light Company O n e Monument Circle P.O. Box 1595 Indianapolis. IN 46208-1595
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1. n
OCUM JUL 08 ffi!
Walter W Cohen. Esquire Andrew J . Giorgione. Esquire Obermaver riebmann Maxweli & Hippel LLP
204 Stale Slreet Hamstjuro. p * 17TQ1 (Counsel iQr iPL)
Barbara Alexander Consumer Affairs Consuliam IS Wedgewooa Drive Winthrop. ME 04364
Joseph A, CworetzKy. Esq. John P. Laveii. j r . . Esq. Hangley Aroncnick Segal A Pudlin One Logan atjuare - 12™ Roar Pttiladeipma. PA 19103
Terence Fitzoatnck. Esquire David Desane. esquire Ryan. Russell. Ogden & Seltzer 800 Nonn Third Street. Suite 101 Harnsburg. PA 17102 (Counsel mr GPU)
Natl Talbot 81 Grand Sheet. No. 5 Naw York. NY 10013
David M. Wise WiseEneroy SIS Summin Avenue Maplewood. NJ 07040
Mr. Brian Kaicic Excel Consumnq Suite 720-T 225 S, Merames Avenue SL Louis. MO 5310S
Audrey Van Qvke. Associate Counsel Naval Facilities Engineering C o m m a n d Washington Naw Yard. Bldg 218. Room 200 901 M Street. S.E. Washington, DC 20374-5018
' Bradford P.O. Sox 49? Peru, VT 05152
Usher Fogel. Esquire Roland. Foget. Koblenz & Carr, LLP Albany. NY 1^:07 (Counsel (or PP41
Dated: , )<1<1>
Janet Miffer. Esquire Malatesta Hawke A McKeon 100 N. Tenth Street Harnsburg. PA 17105 (Counsel lor Mid-Allanlie Power Supply Associai ion i
(Bchard LaCapra/Lee Smith/Doug Smith LaCapra Assoaates Tba Province Building 333 Wasmngton St. Boston. MA 021 OS
Thomas Catl in E n t e r Associates. Inc. Suite 350 12510 Prosperity Drive SOver Spring. MO ^0904
Nancy Brockwav. Esquire Suite 400 18 Tremont Slreet Boston. MA 02108
Stephen J . Baron J . Kannedv and Associates 35 Glenlake Parkway, Suite 475 Atlanta, GA 30323
Oaiy A. Jeffr ies, Senior Atlomey C N G Energy Services Corporation Ona Park Ridge Center P.O. Box 15746 PHaburgn. PA 152444746
Richard Si lkman 183 Main Street Yarmouth, Maine 04096
Ralph Smith Larion & Associates 1S72S Farmington Road Uvoma.MI 48154
Paul R. Bonney ' Aoaistant General Counsel PECO Energy Company 2301 Market Street. S23-1 PWJadelptiw. PA 19103 (215) 841-4252
0*
M C N E E S , W A L L A C E & N U R I C K ATTORNEYS AT LAW
BRUCE D. B A G L E Y
A L A N R. B O Y N T O N . J R .
ERIC L. B R O S S M A N
ROBERT M. CHERRY
L O U S A . DEJOIE
DAVID B. DISNEY
MICHAEL A . DOCTTJOW
E L I Z A B E T H A. D O U G H E R T Y
H A R V E Y FREEDENBERG
J A M E S L. FRITZ
W . J E F F R Y J A M O U N E A U
MICHAEL G. J A R M A N
D O N A L D B. K A U F M A N
STEPHEN R. KERN
DAVID M KLEPPINGER
BERNARD A. L A B U S K E S . J R .
D E L A N O M. L A N T Z
D A V D E . U E W A N
FRANKLIN A . MILES. J R
ROBERT A. MILLS
STEPHEN A . M O O R E
J O H N S. OYLER
G A R Y A. RTTTER
D A N A S T E V E N S S C A D U T O
RICHARD W . S T E V E N S O N
DIANE M. T O K A R S K Y
CATHERINE E. WALTERS
D A V D M. WATTS. JR .
S T E V E N J . WEINGARTEN
N E A L S. W E S T
N O R M A N L W M T E
L A W R E N C E R. WIEDER
W L L I A M M YOUNG. J R
IOO PINE STREET P. O. BOX 1166
H A R R I S B U R G . P A 1 7 1 0 3 - 1 1 6 6
TELEPHONE 17171 232-8000 FAX 17171 237-5300
ISOO G STREET N.W. SUITE a o o
WASHINGTON. D.C. 3 0 0 0 5 TELEPHONE 12021 434-8991 FAX 12021434-8707
h t tp : / /www.mwn.com
OF COUNSEL ROBERT H. GRISWOLD FRANCIS B. HAAS. JR. RICHARD R. LEFEVER
SAMUEL A. SCHRECKENGAUST. JR.
MCUMEm FOLDER
Writer 's Direct Dial: (717) 237-5446
E-Mail: d wil I iamfijm wn.com
June 23, 1997
JENNIFER L. B A K E R
J E F F R E Y F. CHAMPAGNE
J A M E S P. D E A N G E L O
J A M E S P. DOUGHERTY
KATHLEEN A. DUNST
DEBRA P. F O U R L A S
HELEN L. GEMMILL
ROBERT J . G O D U T O
S C O T T A. G O U L D
R A N D O L P H B. HOUSTON.
F. S T E P H E N S O N MATTHES
J O N R M O O N E Y
S H A R O N R P A X T O N
C H A D F. PHIPPS
PAMELA C P O L A C E K
f ^ J O N A T H A N H. RUDO
, BRUCE R SPICER
' ' C A R O L A . STEINOUR
f \ 5 S U S A N V. S T E W A R T
R O B E R T F. TEPLTTZ
BRIAN F. J A C K S O N
BRIAN E. K A M O I E
MICHAEL R. K E L L E Y
PETER F. K R E T E
J A M E S W. K U T Z
LOUISE HUTCHINSON M A R A
ROBERT A . W E I S H A A R J R
- J - DERRICK P. W L U A M S O N
J O H N A. WITHEROW. JR .
KATHLEEN A. W O L O W S K I
S A M U E L S. YUN
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£33
Paul R. Bonney, Esq. PECO Energy Company 2301 Market Street Philadelphia, PA 19103
So ^ VIA FEDERAL EXPRESS
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Re: Pennsylvania Public Utility Commission v. PECO Energy Company - Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code; Docket No. R-00973953
Dear Paul:
Enclosed is the response of Philadelphia Area Industrial Energy Users Group ("PAIEUG") to PECO Energy Company's Interrogatories and Document Requests - Set I I , to Interrogatory 29.
Also enclosed are supplemental answers to PECO's Interrogatories and Requests for Production of Documents to PAIEUG - Set I , interrogatories 4, 5, 14, 15 and 16.
Very truly yours,
McNEES, WALLACE & JRIClt
errick P. Williamson
DPW/jb c: Certificate of Service
James J. McNulty, Prothonotary (Certificate of Service only) K:\!46\08115\B0NNEY 12.LTR
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true copy of the foregoing interrogatory
responses upon the participants listed below in accordance with the requirements of 52 Pa.
Code § 1.54 (relating to service by a participant).
VIA FIRST CLASS MAIL:
Tanya J. McCloskey, Esq. Steven K. Steinmetz, Esq. Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
uocujv Karen Oill Moury, Esq. Office of Small Business Advoc EeT) H Suite 1102, Commerce Building v> U U 300 North Second Street Harrisburg, PA 17101
Daniel Clearfield, Esq. Alan C. Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 North Front Street, Suite 401 Harrisburg, PA 17101
Kenneth L. Mickens, Esq. Office of Trial Staff PA Public Utility Commission Pitnick Building, Third Floor 901 North 7th Street, Rear P.O. Box 3265 Harrisburg, PA 17105-3265
Alan J. Barak, Esq. 1417 Blue Mountain Parkway Harrisburg, PA 17112
Christopher B. Craig, Esq. Office of Senator Vincent J. Fumo Room 545, Main Capitol Building Harrisburg, PA 17120
C i \ "Janet Miller, Esq. 11 " Malatesta, Hawke & McKeon
n Q 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Linda C. Smith, Esq. Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101
Craig A. Doll, Esq. 214 State Street Harrisburg, PA 17101
Walter W. Cohen, Esq. Andrew J. Giorgione, Esq. Obermayer, Rebmann, Maxwell & Hippel 204 State Street Harrisburg, PA 17101
Steven P. Hershey, Esq. Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102
CERTIFICATE OF SERVICE Page 2
Paul E. Russell, Esq. Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101
Mr. Lance S. Haver 6048 Ogontz Avenue Philadelphia, PA 19141
Donald A. Kaplan, Esq. Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759
John L. Munsch, Esq. Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689
Michael L. Kessler Vice President and General Counsel American Energy Solutions, Inc. I l l South Alfred Street Alexandria, VA 22314
Bruce A. Connell, Esq. DuPont Power Marketing, Inc. Legal Department 600 North Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esq. Verner Lipfert Bemhard McPherson
&Hand 901 - 15th Street, NW Washington, DC 20005-2301
Mr. David Boonin New Energy Ventures - Mid Atlantic 1845 Walnut Street, Suite 2525 Philadelphia, PA 19103
Terrance J. Fitzpatrick, Esq. David M. DeSalle, Esq. Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102-2025
Roger Clark, Esq. Environmentalists NESIP 905 Denston Drive Ambler, PA 19002-3901
Mr. Sam DeFrawi Director, Navy Rate Intervention Washington Navy Yard, Building 212 Code OORI 901 M Street, SE Washington, DC 20374-5018
Audrey Van Dyke, Esq. Naval Facilities Engineering Command Washington Navy Yard, Building 218 Room 200 901 M Street, SE Washington, DC 20374-5018
Gary A. Jeffries, Esq. CNG Energy Services Corporation One Park Ridge Center P.O. Box 15746 Pittsburgh, PA 15244-0746
CERTIFICATE OF SERVICE Page 3
Joseph A. Dworetzky, Esq. John P. Lavelle, Jr., Esq. Hangley, Aronchick, Segal & Pudlin One Logan Square, Twelfth Floor Philadelphia, PA 19103
Usher Fogel, Esq. Roland, Fogel, Koblenz & Carr, LLP 1 Columbia Place Albany, NY 12207
Paul L. Ziegler, Esq. Ziegler & Zimmerman, PC 355 North 21st Street, Suite 304 P.O. Box 1080 Camp Hill, PA 17011
Joseph J. Malatesta, Jr., Esq. Lillian Smith Harris, Esq. Malatesta, Hawke & McKeon 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Susan Shanaman, Esq. Center for Energy and Econ. Dev. 212 North Third Street, Suite 203 Harrisburg, PA 17101-1505
Gordon Smith, Esq. John & Hengerer 1200 17th Street, NW, Suite 600 Washington, DC 20036-3006
Mr. Jerry Mendl MSB Energy Associates 7507 Hubbard Avenue, Suite 200 Middleton, WI 53562
Mr. Brian Kalcic Excel Consulting Suite 720-T 225 South Meramec Avenue St. Louis, MO 63105
Mr. Richard LaCapra LaCapra Associates The Province Building 333 Washington Street Boston, MA 02108
Mr. Thomas Catlin Exeter Associates, Inc. Suite 350 12510 Prosperity Drive SUver Spring, MD 20904
Mr. Richard Silkman 163 Main Street Yarmouth, ME 04096
Mr. Peter Bradford P.O. Box 497 Peru, VT 05152
Dated this 23rd day of June, 1997, in Harrisburg, Pennsylvania.
CERTIFICATE OF SERVICE
DOCKETED UOCUMENT FOLDER
I hereby certify that I have this day served a true copy of the foregoing supplemental
responses to interrogatories of PECO Energy Company - Set I of the Philadelphia Area
Industrial Energy Users Group upon the participants listed below in accordance with the
requirements of 52 Pa. Code § 1.54 (relating to service by a participant).
VIA FIRST CLASS MAIL: Tanya J. McCloskey, Esq. Steven K. Steinmetz, Esq. Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esq. Office of Small Business Advocate Suite 1102, Commerce Building 300 North Second Street Harrisburg, PA 17101
Daniel Clearfield, Esq. Alan C. Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 North Front Street, Suite 401 Harrisburg, PA 17101
Kenneth L. Mickens, Esq. Office of Trial Staff PA Public Utility Commission Pitnick Building, Third Floor 901 North 7th Street, Rear P.O. Box 3265 Harrisburg, PA 17105-3265
-i-AlanJe Barak,,Esq,.„ , , 1417(Blue; Mountain Parkway Harrisburg, PA^ 17112
22 -oi w wmns
Christopher B. Craig, Esq. Office of Senator Vincent J. Fumo Room 545, Main Capitol Building Harrisburg, PA 17120
Janet Miller, Esq. Malatesta, Hawke & McKeon 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Linda C. Smith, Esq. Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101
Craig A. Doll, Esq. 214 State Street Harrisburg, PA 17101
Walter W. Cohen, Esq. Andrew J. Giorgione, Esq. Obermayer, Rebmann, Maxwell & Hippel 204 State Street Harrisburg, PA 17101
Steven P. Hershey, Esq. Community Legal Services, Inc. 1424 Chestnut Street
2 C *J Z 0 J1111^6^1"3' P A 1 9 1 0 2
CERTIFICATE OF SERVICE Page 2
Paul E. Russell, Esq. Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101
Mr. Lance S. Haver 6048 Ogontz Avenue Philadelphia, PA 19141
Donald A. Kaplan, Esq. Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759
John L. Munsch, Esq. Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689
Michael L. Kessler Vice President and General Counsel American Energy Solutions, Inc. 111 South Alfred Street Alexandria, VA 22314
Bruce A. Connell, Esq. DuPont Power Marketing, Inc. Legal Department 600 North Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esq. Verner Lipfert Bemhard McPherson
& Hand 901 - 15th Street, NW Washington, DC 20005-2301
Mr. David Boonin New Energy Ventures - Mid Atlantic 1845 Walnut Street, Suite 2525 Philadelphia, PA 19103
Terrance J. Fitzpatrick, Esq. David M. DeSalle, Esq. Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102-2025
Roger Clark, Esq. Environmentalists NESIP 905 Denston Drive Ambler, PA 19002-3901
Mr. Sam DeFrawi Director, Navy Rate Intervention Washington Navy Yard, Building 212 Code OORI 901 M Street, SE Washington, DC 20374-5018
Audrey Van Dyke, Esq. Naval Facilities Engineering Command Washington Navy Yard, Building 218 Room 200 901 M Street, SE Washington, DC 20374-5018
Gary A. Jeffries, Esq. CNG Energy Services Corporation One Park Ridge Center P.O. Box 15746 Pittsburgh, PA 15244-0746
CERTIFICATE OF SERVICE Page 3
Joseph A. Dworetzky, Esq, John P. Lavelle, Jr., Esq. Hangley, Aronchick, Segal & Pudlin One Logan Square, Twelfth Floor Philadelphia, PA 19103
Usher Fogel, Esq. Roland, Fogel, Koblenz & Carr, LLP 1 Columbia Place Albany, NY 12207
Paul L. Ziegler, Esq. Ziegler & Zimmerman, PC 355 North 21st Street, Suite 304 P.O. Box 1080 Camp Hill, PA 17011
Joseph J. Malatesta, Jr., Esq. Lillian Smith Harris, Esq. Malatesta, Hawke & McKeon 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Susan Shanaman, Esq. Center for Energy and Econ. Dev. 212 North Third Street, Suite 203 Harrisburg, PA 17101-1505
Mr. Jerry Mendl MSB Energy Associates 7507 Hubbard Avenue, Suite 200 Middleton, WI 53562
Mr. Brian Kalcic Excel Consulting Suite 720-T 225 South Meramec Avenue St. Louis, MO 63105
Mr. Richard LaCapra LaCapra Associates The Province Building 333 Washington Street Boston, MA 02108
Mr. Thomas Catlin Exeter Associates, Inc. Suite 350 12510 Prosperity Drive Silver Spring, MD 20904
Mr. Richard Silkman 163 Main Street Yannouth, ME 04096
Mr. Peter Bradford P.O. Box 497 Peru, VT 05152
Snick P. Williamson
Dated this 23rd day of June, 1997, in Harrisburg, Pennsylvania.
Legai Depanment
James W, Durhnm Senior Victt PrEwiitm j n d Gunnf.i l Counsel
Sandra H. Byrne Leg al Auminisirator
Paul R. Bonney Ellen M. Cavanaugn Edward J. Cullen, Jr. Todd D. Cuiier Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner Stephanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabodv Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smilh Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY
002688 87 JU;i25 nil 9= U5
RECEIVED ^ _ PROTHOKOTARY'S OFFILL
PECO Energy Company 2301 Market Streei PO Box 8699 Philadelphia. PA 19101-8699 215 811 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 23, 1997
By Fax and First Class Mail
Daniel Clearfield, Esq. Alan Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street, Suite 401 Harrisburg, PA 17101
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Dan and Alan:
Enclosed are two copies of PECO Energy Company's Interrogatories to Enron Set II, numbered 1 through 50.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92006
•OCliMEfc
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. If any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/225370.1 i
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINITIONS
A. "You1' refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries, lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PH03/225370.1 1
the request or reference shall include, but is not limited to. the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g., letter, log, report, etc.);
2. state its date;
state its title, heading or other designation and any other information (e.g., index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number ofthe particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.1 A
J .
his or her fill] name;
his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I. "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PH03/225370.1
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M. Where the context so requires;
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
0. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.I
PECO ENERGY COMPANY DOCKET NO. R-00973953
INTERROGATORIES AND DOCUMENT REQUESTS TO ENRON
SET II
Witness Steven J. Kean
1. Please provide a current resume for Mr. Kean.
2. As to all administrative and legislative proceedings of any kind in which Mr. Kean has submitted written or oral testimony or presented reports, articles or comments of any kind, please identify the nature of the proceeding, the party upon whose behalf the testimony/report was submitted, jurisdiction, year and docket number, and provide a brief summary of the issues addressed.
3. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Mr. Kean in the last 10 years in any utility rate proceeding involving a Pennsylvania utility.
4. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Mr. Kean in the last 5 years in any utility rate proceeding involving a utility other than a Pennsylvania utility.
5. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Kean in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the electric utility industry.
6. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Kean in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the natural gas utility industry.
7. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Kean in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the telephone utility industry.
8. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Kean, which have as their subject matter or which relate to competition in the electric utility industry. If all such articles have been provided in response to a previous interrogatory because
90704V23
i J
JUL 08
^0! DFR
those articles were submitted in an identified administrative or legislative proceeding, please so state.
9. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Kean, which have as their subject matter or which relate to competition in the natural gas utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
10. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Kean, which have as their subject matter or which relate to competition in the telephone utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
Witness John D. Mayo
11. Please provide a current resume for Dr. Mayo.
12. As to all administrative and legislative proceedings of any kind in which Dr. Mayo has submitted written or oral testimony or presented reports, articles or comments of any kind, please identify the nature of the proceeding, the party upon whose behalf the testimony/report was submitted, jurisdiction, year and docket number, and provide a brief summary of the issues addressed.
13. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Dr. Mayo in the last 10 years in any utility rate proceeding involving a Pennsylvania utility.
14. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Dr. Mayo in the last 5 years in any utility rate proceeding involving a utility other than a Pennsylvania utility.
15. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Dr. Mayo in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the electric utility industry.
16. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Dr. Mayo in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the natural gas utility industry.
17. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Dr. Mayo in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the telephone utility industry.
18. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Dr. Mayo, which have as their subject matter or which relate to competition in the electric utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
19. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Dr. Mayo, which have as their subject matter or which relate to competition in the natural gas utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
20. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Dr. Mayo, which have as their subject matter or which relate to competition in the telephone utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
Witness Malcolm W. Jacobson
21. Please provide a current resume for Mr. Jacobson.
22. As to all administrative and legislative proceedings of any kind in which Mr. Jacobson has submitted written or oral testimony or presented reports, articles or comments of any kind, please identify the nature of the proceeding, the party upon whose behalf the testimony/report was submitted, jurisdiction, year and docket number, and provide a brief summary of the issues addressed.
23. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Mr. Jacobson in the last 10 years in any utility rate proceeding involving a Pennsylvania utility.
24. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Mr. Jacobson in the last 5 years in any utility rate proceeding involving a utility other than a Pennsylvania utility.
25. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Jacobson in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the electric utility industry.
26. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Jacobson in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the natural gas utility industry.
27. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Jacobson in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the telephone utility industry.
28. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Jacobson, which have as their subject matter or which relate to competition in the electric utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
29. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Jacobson, which have as their subject matter or which relate to competition in the natural gas utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
30. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Jacobson, which have as their subject matter or which relate to competition in the telephone utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
Witness Raymond W. Bowen
31. Please provide a current resume for Mr. Bowen.
32. As to all administrative and legislative proceedings of any kind in which Mr. Bowen has submitted written or oral testimony or presented reports, articles or comments of any kind, please identify the nature ofthe proceeding, the party upon whose behalf the testimony/report was submitted, jurisdiction, year and docket number, and provide a brief summary of the issues addressed.
33. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Mr. Bowen in the last 10 years in any utility rate proceeding involving a Pennsylvania utility.
34. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Mr. Bowen in the last 5 years in any utility rate proceeding involving a utility other than a Pennsylvania utility.
35. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Bowen in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the electric utility industry.
36. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Bowen in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the natural gas utility industry.
37. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Mr. Bowen in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the telephone utility industry.
38. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Bowen, which have as their subject matter or which relate to competition in the electric utility industry, if all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
39. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Bowen, which have as their subject matter or which relate to competition in the natural gas utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
40. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Mr. Bowen, which have as their subject matter or which relate to competition in the telephone utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
Witness Richard D. Tabors
41. Please provide a current resume for Dr. Tabors.
42. As to all administrative and legislative proceedings of any kind in which Dr. Tabors has submitted written or oral testimony or presented reports, articles or comments of any kind, please identify the nature of the proceeding, the party upon whose behalf the testimony/report was submitted, jurisdiction, year and docket number, and provide a brief summary of the issues addressed.
43. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Dr. Tabors in the last 10 years in any utility rate proceeding involving a Pennsylvania utility.
44. Please provide complete copies of all testimony, exhibits, reports, articles and comments submitted by Dr. Tabors in the last 5 years in any utility rate proceeding involving a utility other than a Pennsylvania utility.
45. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Dr. Tabors in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the electric utility industry.
46. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Dr. Tabors in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the natural gas utility industry.
47. Please provide complete copies of all testimony, exhibits, reports, articles, and comments submitted by Dr. Tabors in the last 5 years in all proceedings identified in response to Question 4, which have as their subject matter or which relate to competition in the telephone utility industry.
48. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Dr. Tabors, which have as their subject matter or which relate to competition in the electric utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
49. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Dr. Tabors, which have as their subject matter or which relate to competition in the natural gas utility industry. If all such articles have been provided in response to a previous interrogatory
because those articles were submitted in an identified administrative or legislative proceeding, please so state.
50. Please provide complete copies of all articles, reports, comments, presentations or papers authored or co-authored by Dr. Tabors, which have as their subject matter or which relate to competition in the telephone utility industry. If all such articles have been provided in response to a previous interrogatory because those articles were submitted in an identified administrative or legislative proceeding, please so state.
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utiiity Commission Office of Trial Staff P.O. Box 3265 Harnsburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kaiish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15 t h Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 t r i Street, NW - Suite 600 Washington, DC 20036-3006
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12 l h Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire Will iam T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 23, 1997
P H I L A D E L P H I A . PA
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(717) 236-4812
June 24, 1997
Linda gr) Smith CD ro cn
Paul R. Bonney, Esquire PECO Energy Company 2301 Market Street Philadelphia, PA 19103
o
Re: Pennsylvania Public U t i l i t y Commission v. PECO Energy Company for Approval of i t s Restructuring T l'an rsunder Section 2806 of the Public u t i l i t y Code; Dockit No. R-00973953 ^ '
o 0 co Dear Mr. Bonney:
Enclosed are the responses of the American Assc&iatfon of Retired Persons to PECO Energy Company's Interrogatories Regarding Market P r i c e Assumptions Set MP-X - 1*22
Very t r u l y yoursy
jinda C. Smit
LCS:sdc Enclosures
cc: C e r t i f i c a t e of Service James McNulty, Prothonotary ( C e r t i f i c a t e of Service only)
I , S tacie Clark, Paralegal f o r Linda C. Smith, Esquire, hereby c e r t i f y t h a t I have t h i s day caused a tru e copy of the for e g o i n g t o be served upon the p a r t i e s of record i n Docket No R-00973953 i n accordance w i t h the requirements of 52 Pa. Code Section 1.54 ( r e l a t i n g t o s e r v i c e by a p a r t i c i p a n t ) , i n the manner and upon the p a r t i e s l i s t e d below.
Dated at Harrisburg, Pennsylvania, June 24, 1997.
VIA HAND DELIVERY AND FIRST CLASS MAIL
Paul R. Bonney, Esquire Noel H. Trask, Esquire PECO Energy Company 2301 Market St r e e t P.O. Box 8699 P h i l a d e l p h i a , PA 19101-8699
Kenneth Mickens, Esquire Charles D. Shields, Esquire O f f i c e o f T r i a l S t a f f PA P u b l i c U t i l i t y Commission P.O. Box 3265 H a r r i s b u r g , PA 17105-3265
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire O f f i c e o f Consumer Advocate 14 2 5 Strawberry Square H a r r i s b u r g , PA 17120
Bernard A. Ryan, Esquire Karen O i l l Moury, Esquire Small Business Advocate 300 N. 2nd S t r e e t , Suite 1102 H a r r i s b u r g , PA 17101
David Kleppinger, Esquire D e r r i c k P. Williamson, Esquire PAIEUG McNees, Wallace & Nurick P.O. Box 1166 H a r r i s b u r g , PA 17108-1166
Mr. Sam DeFrawi, D i r e c t o r Navy Rate I n t e r v e n t i o n Washington Navy Yard Code OORI, B u i l d i n g 212 901 M Str e e t , S.E. Washington, DC 20374-5018
Terence F i t z p a t r i c k , Esquire David DeSalle, Esquire GPU Energy Ryan, Russell, Ogden & Seltz e r 800 N Th i r d S t r e e t , S u i t e 101 Harrisburg, PA 17102
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire I n d i a n a p o l i s Power & L i g h t Co. 2 04 State Street Harrisburg, PA 17101
Gerald Gornish, Esquire Enron Corporation Wolf Block Schorr Solis-Cohen 401 North Front S t r e e t H a r r i s b u r g, PA 17101
Janet M i l l e r , Esquire MAPSA Malatesta, Hawke & McKeon 100 North Tenth S t r e e t P.O. Box 1778 Harrisburg, PA 17105-1778
John L. Munsch, Esquire Allegheny Power 800 Cabin H i l l Drive Greensburg, PA 15601
Paul R u s s e l l , Esquire Pennsylvania Power & L i g h t Co Two North N i n t h Street A l l e n t o w n , PA 18101• iwr- '(
JUL 08
Bruce A. Connell, Esquire DuPont Power Marketing Inc. 600 N Dairy Ashford, ML-1034 Houston, TX 77079
Craig A. Doll, Esquire Delmarva Power & Light Company 214 State Street Harrisburg, PA 1710? 3 5 &R
Steven P. Hershey, Esquire Community Legal Services, Inc. 14 2 4 Chestnut S t r e e t P h i l a d e l p h i a , PA 19102
Roger Clark, Esquire Environmentalists 905 Denston Drive Ambler, PA 19002-3901
Donald A. Kaplan, Esquire Pennsylvania Power & L i g h t S u i t e 500 1735 New York Avenue NW Washington, DC 20006-4759
Michael L. Kessler Vice President and General Counsel P.O. Box 497
David Boonin New Energy Ventures 200 S Broad S t r e e t , Suite 800 Phil a d e l p h i a , PA 19107
Christopher B. Craig, Esquire Senator Vincent J. Fumo Room 54 5 Main C a p i t o l Bldg Harrisburg, PA 17120
Lance S. Haver 6048 Ogontz Avenue Ph i l a d e l p h i a , PA 19141
Peter Bradford
American Energy S o l u t i o n s , Inc. I l l South A l f r e d S t r e e t Alexandria, VA 22314
Richard Silkman 163 Main S t r e e t Yarmouth, Maine 04096
Peru, Vermont 05152
Mr. Doug Smith LaCapra Associates
Stephen J. Baron J. Kennedy and Associates, Inc. 35 Glenlake Parkway, Suite 475 A t l a n t a , GA 30328
Joseph A. Dworetzky, Esquire New Energy Ventures Hangley, Aronchick, e t . a l . One Logan Square, 12th Floor P h i l a d e l p h i a , PA 19103
Audrey Van Dyke, Esquire Naval F a c i l i t i e s Engineering Washington Navy Yard Bldg. 218, Room 200 901 M. S t r e e t , S.E. Washington, DC 20374
Joseph J. Malatesta, J r . , Esquire L i l l i a n Smith H a r r i s , Esquire M u n i c i p a l I n t e r v e n o r s Group Malatesta, Hawke & McKeon LLP P.O. Box 1778 Ha r r i s b u r g , PA 17105
Gary A. J e f f e r i e s , Esquire CNG Energy Services Corp. One Park Ridge Center P.O. Box 15746 P i t t s b u r g h , PA 15244-0746
Usher Fogel, Esquire PA Petroleum Association Roland Fogel Koblenz & Carr 1 Columbia Place Albany, NY 12207
Paul L. Z i e g l e r , Esquire Delaware V a l l e y Schools Energy Z i e f l e r & Zimmerman PC 355 North 21st St r e e t , Suite 304 P.O. Box 1080 Camp H i l l , PA 17011
Ethan Giddings 217 Rodman Avenue Jenkintown, PA 19046
Susan Shanaman, Esquire Center f o r Energy and Economic 212 North T h i r d Street,Ste.203 Harrisburg, PA 17101-1505
A l l e n J. Barak Environmentalists 1417 Blue Mountain Parkway Har r i s b u r g , PA 17112
f t a c i e Clark
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(717) 236-4812 Linda C. Smith
June 24, 1997
Paul R. Bonney, Esquire PECO Energy Company 2301 Market Street Philadelphia, PA 19103
Re: Pennsylvania Public U t i l i t y Commission v. PECO Energy Company - Application of PECO Energy Company for Approval of i t s Restructuring Plan under Section 2806 of the Public U t i l i t y Code; Docket No, R-00973953
Dear Mr. Bonney:
Enclosed are the responses of the American Association of Retired Persons ("AARP") to PECO Energy Company's Interrogatories -Set I , numbered 1 through 12.
As X had discussed with Mr. Ward Smith, AARP objected to some of the interrogatories due to the fact that they were burdensome. However, AARP has done their best to answer each interrogatory.
I f there i s any additional information that you are interested in please contact me and I w i l l try to provide i t for you.
'^ma*™ -• •••• 'E™3
Dilworth, Paxson, Kalish & Kauffman LLP Page 2 Toi Paul R. Bonney/ Esquir*
The parties to t h i s case are being served copies without the attached exhibits. Any party wishing t o view the exhibits may do so at our o f f i c e or request the exhibits t o be mailed.
Very t r u l y yours
Linda C. Smith'
LCS:sdc Enclosures
cc: C e r t i f i c a t e of Service w/o exhibits James J. McNulty, Prothonotary ( C e r t i f i c a t e of Service only)
CERTIFICATE OF SERVICE
I , Staci© Clark, Paralegal f o r Linda C. Smith, Esquire, hereby c e r t i f y t h a t I have t h i s day caused a t r u e copy o f the foregoing t o be served upon the p a r t i e s of record i n Docket No R-00973953 i n accordance w i t h the requirements of 52 Pa. Code Section 1.54 ( r e l a t i n g t o service by a p a r t i c i p a n t ) , i n the manner and upon the p a r t i e s l i s t e d below.
Dated a t Harrisburg, Pennsylvania, June 24, 1997.
VIA HAND DELIVERY AND FIRST CLASS MA 11,
Paul R. Bonney, Esquire Noel H. Trask, Esquire PECO Energy Company 2301 Market S t r e e t P.O. Box 8699 Ph i l a d e l p h i a , PA 19101-8699
Kenneth Mickens, Esquire Charles D. Shields, Esquire O f f i c e of T r i a l S t a f f PA Public U t i l i t y Commission P.O. Box 3265 Harrisburg, PA 17105-3265
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire O f f i c e of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Bernard A. Ryan, Esquire Karen O i l l Moury, Esquire Small Business Advocate 300 N. 2nd S t r e e t , Suite 1102 Harrisburg, PA 17101
David Kleppinger, Esquire D e r r i c k P. Williamson, Esquire PAIEUG McNees, Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166
Mr. Sam DeFrawi, D i r e c t o r Navy Rate I n t e r v e n t i o n Washington Navy Yard Code OORI, B u i l d i n g 212 901 M S t r e e t , S.E. Washington, DC 20374-5018
Terence F i t z p a t r i c k , Esquire David DeSalle, Esquire GPU Energy Ryan, Russell, Ogden & Seltz e r 800 N Th i r d S t r e e t , Suite 101 Harrisburg, PA 17102
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire I n d i a n a p o l i s Power & L i g h t Co. 204 State St r e e t Harrisburg, PA 17101
Gerald Gornish, Esquire Enron Corporation Wolf Block Schorr Solis-Cohen 401 North Front Street Harrisburg, PA 17101
Janet M i l l e r , Esquire MAPSA Malatesta, Hawke & McKeon 100 North Tenth St r e e t P.O. Box 1778 Harrisburg, PA 17105-1778
John L. Munsch, Esquire Allegheny Power 800 Cabin H i l l Drive Greensburg, PA 15601
Paul R u s s e l l , Esquire Pennsylvania Power & Light Co Two North Niptlh .Street ^ Allentown, PA^UAisioi . i l
1
JUL 08
f
Bruce A. Connell, Esquire DuPont Power Marketing Inc. 600 N Dairy Ashford, ML-1034 Houston, TX 77079
Craig A. D o l l , Esquire Delmarva Power & Light Company 214 State S t r e e t Harrisburg, PA 17101
'OCUMEN
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut S t r e e t P h i l a d e l p h i a , PA 19102
Roger Clark, Esquire Environmentalists 905 Denston Drive Ambler, PA 19002-3901
Donald A. Kaplan, Esquire Pennsylvania Power & Li g h t Suite 500 1735 New York Avenue NW Washington, DC 20006-4759
Michael L. Kessler Vice President and General Counsel P.O. Box 497
David Boonin New Energy Ventures 200 S Broad S t r e e t , S u i t e 800 Phil a d e l p h i a , PA 19107
Christopher B. Craig, Esquire Senator Vincent J . Fumo Room 545 Main Capitol Bldg Harrisburg, PA 17120
Lance S. Haver 6048 Ogontz Avenue Phi l a d e l p h i a , PA 19141
Peter Bradford
American Energy Solut i o n s , I n c . I l l South A l f r e d S t r e e t Alexandria, VA 22314
Richard Silkman 163 Main Str e e t Yarmouth, Maine 04096
Peru, Vermont 05152
Mr. Doug Smith LaCapra Associates
Stephen J. Baron J. Kennedy and Associates, I n c . 35 Glenlake Parkway, Suite 475 A t l a n t a , GA 30328
Joseph A. Dworetzky, Esquire New Energy Ventures Hangley, Aronchick, e t . a l . One Logan Square, 12th Floor Phi l a d e l p h i a , PA 19103
Audrey Van Dyke, Esquire Naval F a c i l i t i e s Engineering Washington Navy Yard Bldg. 218, Room 200 901 M. Street, S.E. Washington, DC 20374
Joseph J . Malatesta, J r . , Esquire L i l l i a n Smith Harris, Esquire Municipal Intervenors Group Malatesta, Hawke & McKeon LLP P.O. Box 1778 Harrisburg, PA 17105
Gary A. J e f f e r i e s , Esquire CNG Energy Services Corp. One Park Ridge Center P.O. Box 15746 Pittsburgh, PA 15244-0746
Usher Fogel, Esquire PA Petroleum Association Roland Fogel Koblenz & Carr 1 Columbia Place Albany, NY 12207
Paul L. Ziegler, Esquire Delaware Valley Schools Energy Z i e f l e r & Zimmerman PC 355 North 21st Street, Suite 304 P.O. Box 1080 Camp H i l l , PA 17011
Ethan Giddings 217 Rodman Avenue Jenkintown, PA 1904 6
Susan Shanaman, Esquire Center f o r Energy and Economic 212 North Third Street,Ste.203 Harrisburg, PA 17101-1505
Allen J . Barak Environmentalists 1417 Blue Mountain Parkway Harrisburg, PA 17112
Legal Depanment
James W. Durnam Sentor Vice President and General Counsel
Sandra H. Byrne Legal Aammisiraior
Paul R. Bonney Glen M. Cavanaugn Edward J . Cuilen, Jr. Todd D. Cuiier Viina Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L Hunioon Thomas G. Jacltson J . Lindsay Johnsion Conrad 0. Kanner StepRame Whi t lon Lewis Jeffrey J . Nonon Mark B. Peabody Roslyn G. PollacK Christine A, Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Gettv Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY
n n n iM!-!•.. ! W \ j V w I 1 : !
FOLDER
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 B41 4252
June 24, 1997
Bv Fax and First Class Mail
William T. Hawke, Esquire Malatesta Hawke & McKeon LLP P.O. Box 1778 Harrisburg, PA 17105-1778
Re:
Usher Fogel, Esq. Rolland, Fogel, Koblenz & Carr, LLP 1 Columbia Place Albany, NY 12207
Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 ofthe Public Utility Code Docket No. R-00973953 0
C D
Dear Counsel: KJD cn
Enclosed are two copies of PECO Energy Company's Interrogatories SeB/IP-l (Supplier Association) numbered 1 through 18.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
TO O 1.0
Enclosures
^j o
P7 cc: w/enclosures
Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92141
BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
APPLICATION OF PECO ENERGY COMPANY FOR APPROVAL OF A RESTRUCTURING PLAN AND CONSUMER EDUCATION PROGRAM UNDER CHAPTER 28 OF THE PUBLIC: UTILITY CODE
APPLICATION DOCKET NO. R-00973953
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND DATA
OF PECO ENERGY COMPANY SET MP-H (Supplier Association)
PECO Energy Company ("PECO") hereby propounds these Interrogatories and Requests
for Production of Documents and Data (Set MP-II (Supplier Association)), to be answered by
you or such other person or persons capable of responding to these Interrogatories and Requests
and authorized to do so. Telephone or other contact concerning availability and timing of formal
responses is encouraged. The answers should restate the question asked and indicate the
person(s) supplying the information.
DOCKETED JUN 30
^ i I n C D
92116
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. If any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. I f you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis ofthe claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PHO3/225370.1 1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-pan and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. I f you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients^), date of creation, and general description of the document. I f you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINmONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PHO3/225370.1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records, work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PH03/225370.I ->
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g., letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g.. index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.1 *
1. his or her fiill name;
2. his or her business affiliation^), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made,
5. if by telephone, identify the persons participating in the conversation and where each was located at the time ofthe call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fiilly and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
deftail the facts underlying the assumption; (b) identify each and every document which
PH03/225370.1
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.I
BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
APPLICATION OF PECO ENERGY COMPANY FOR APPROVAL OF A RESTRUCTURING PLAN AND CONSUMER EDUCATION PROGRAM UNDER CHAPTER 28 OF THE PUBLIC: UTILITY CODE
APPLICATION DOCKET NO. R-00973953
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND DATA
OF PECO ENERGY COMPANY SET MP-H (Supplier Association)
PECO Energy Company ("PECO") hereby propounds these Interrogatories and Requests
for Production of Documents and Data (Set MP-II (Supplier Association)), to be answered by
you or such other person or persons capable of responding to these Interrogatories and Requests
and authorized to do so. Telephone or other contact concerning availability and timing of formal
responses is encouraged. The answers should restate the question asked and indicate the
person(s) supplying the information.
92116
DVTERROGATORrES AND DOCUMENT REQUESTS
Request No. 1. Please identify every member of your association whose interests you are
representing in this proceeding.
Request No. 2. Identify and describe the exact dollar amount of PECO's stranded
investment recovery that you propose that the Commission approve in this proceeding.
Request No. 3. If your response to Request No. 2 is anything other than that you propose
that PECO should be allowed to recover 1000/o of its stranded investment, please describe how,
and to what extent, the disallowance that you propose will benefit you and your shareholders.
Please provide this information for every member of your association identified in response to
Request No. I .
Request No. 4. With regard to the benefits identified in response to Request No. 2, please
explain why your shareholders, rather than PECO's shareholders, should receive those benefits.
Please provide this information for every member of your association identified in response to
Request No. 1.
Request No. 5. Please produce complete copies of all analyses performed by or for you
which evaluate and/or seek to quantify the effect on you if PECO's request to recover stranded
costs were approved. Please provide this information for every member of your association
PHO3/225370.1 9
identified in response to Request No. 1.
Request No. 6. For each member of your association identified in response to Request No.
1, please project your total revenue, net income, and profits from retail sales of electricity in
Pennsylvania for the next eight years under two scenarios:
(a) the Commission approves PECO's proposal in this proceeding
regarding stranded costs; and
(b) the Commission approves the position you assert in this proceeding
regarding stranded costs.
(c) Explain the reasons for the differences, if any, in total revenues, net
income, and profits under these two scenarios.
Request No. 7. (a) For each member of your association identified in response to
Request No. 1, identify and describe the prices for retail electric generation service (separately for
industrial, commercial, residential, low-income, and Customer Assistance Program ("CAP")
customers) that you expect to charge to customers for the next ten years under the two scenarios
described in Request No. 6.
(b) Explain the reasons for the price differences, if any.
Request No. 8. (a) For each member of your association identified in response to
Request No. 1, identify and describe the nominal and percentage savings in energy and capacity
(i.e.. non-LDU) charges that you expect to provide to customers for the next ten years (state
PH03/225370.I -3
separately for industrial, commerciaL residential, low-income and CAP customers) under the two
scenarios addressed in Request No. 6.
(b) Explain the reasons for the differences, if any, in the savings
provided to customers.
(c) Explain the source of the savings under each scenario.
Request No. 9. State whether you believe that valid future estimates for the market
clearing price of energy can be projected.
Request No, 10. Please produce complete copies of all analyses performed by or for you
which evaluate and/or seek to quantify' the future price of electric energy or capacity in a
competitive retail market in the Mid-Atlantic region. Please provide this infonnation for every
member of your association identified in response to Request No. 1.
Request No. 11. (a) Identify and describe your best projection of as-delivered,
competitive retail energy and capacity prices (including gross receipts tax) from 1997 through
2015 in PECO's service territory.
(b) Provide the factual basis and copies of any analyses or studies you
possess or have conducted for the projections set forth in response to Request No. 11(a).
Request No. 12. (a) For each member of your organization identified in response to
Request No. 1, if you are or have been a supplier of electric energy or capacity, identify and
PH03/225370J A
describe ihe price quotes or offers you have provided to retail and wholesale customers in the
Mid-Atlantic region during 1995, 1996, and/or 1997. If you are not and have not been a supplier
of electric energy or capacity, please so state.
(b) Describe the terms and conditions of service offered.
(c) Produce copies of all documents that contain such quotes or offers.
(d) For each such customer, identify the lowest and highest price
quoted.
Request No. 13. For each member of your organization identified in response to Request
No. I , identify and describe the terms (including price, quantity, duration and any other principal
terms) of any offers you have made for the sale of energy or capacity to any retail customer
located in PECO's service territory for any duration for the years from 1997 through 2015.
Request No. 14. For each member of your organization identified in response to Request
No. I , identify and describe the terms (including price, quantity, duration and any other principal
terms) of any offers you have made for the sale of energy or capacity to any wholesale customer
located in PECO's service territory for any duration for the years from 1997 through 2015.
Request No. 15. (a) For each member of your organization identified in response to
Request No. 1, identify the highest price at which you would be willing currently to commit to
buy on-peak wholesale energy and capacity from PECO.
(b) For each member of your organization identified in response to
PH03/22S370.1 e
Request No. 1, identify the highest quantity of energy and capacity to which you would be willing
currently to commit to buy from PECO at the abovementioned price.
(c) For each member ofyour organization identified in response to
Request No. 1, identify and describe the same information as in parts (a) and (b) for wholesale
energy and capacity purchased from PECO 24 hours a day.
(d) For each member of your organization identified in response to
Request No. 1, identify and describe the same information as in parts (a) and (b) to which you
would be willing currently to commit for bilateral contracts with PECO for a period of: (i) one (I)
year; (ii) two (2) years; (iii) five (5) years; (iv) ten (10) years; (v) fifteen (15) years; (vi) twenty
(20) years; and (vii) thirty (30) years.
Request No. 16. (a) For each member of your organization identified in response to
Request No. 1, state whether you intend to sell power into PECO's service territory below your
cost or the market price
(b) I f so, by how much?
Request No. 17 (a) For each member of your organization identified in response to
Request No. 1, identify and describe if you ever have sold power below your cost, or below the
general market price.
(b) I f so, by how much.
PHO3/225370.1
Request No. 18. (a) For each member of your organization identified in response to
Request No. I , identify and describe if you ever have charged "loss leader" prices in any form.
(b) If so, identify and describe the "loss leader" prices you have
charged.
PH03/22537'0.1
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees. Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545. Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler. Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive
Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. Z"* Street Harrisburg, PA 17101
Steven P. Hershey, Esquire CD Community Legal Services, inc. CD 1424 Chestnut Street P o Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action AlliancOfjSr. Citizens & John Long, Jr.) -—
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
o — I
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway c w , Harrisburg, PA 17112 cSJV (Attorney for EnvironmentalistsWO
Linda C. Smith, Esquire ^rfi Dilworth, Paxson, Kalish & Ksfuffman 305 North Front Street, Suite 5p3 Harrisburg, PA 17101 2} (Counsel for AARP) p
o CO
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Ma*well & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke. Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street. S.E. Washington. DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Cornell. Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton. Esquire Verner Liipfert Bernhard McPherson & Hand 901 - I 5 m Street, NW Washington. DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith. Esquire John & Hengerer 1200 17"1 Street, NW - Suite 600 Washington. DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12* Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T, Hawke, Esquire/Todd S. Stewart. Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 24, 1997
Legal Depanmem
James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Lagal Aammisiraior
Paul R. Bonnev Blen M. Cavanaugh Edward J. Cullen. Jr. Todd D. Cutier Vilna Waldron Gaston Gregory Golazeski John C Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Undsay Johnsion Gonad 0. Kanner Stepfrante Whitlon Lewis Jeffrey J. Nonon Mark B. Peabody Roslyn G. Pollack Christine A. Reutrier Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Geny Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY l)OCUMFN!
PECO Energy Company 2301 Market Street PO Box 8699 Rhiiadeiphia. RA !9101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
David Kleppinger, Esq. ^ Derrick P. Williamson, Esq. McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
C D
Dear Counsel: ^ ^ ^D
Enclosed are two copies of PECO Energy Company's Interrogatories to-fffe Philadelphia Area Industrial Energy Users Group, Set MP-II (Industrial Customers).
Sincerely,
C7
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
P I : - ' | 0
- < <
o "n
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CP*
cc: w/enclosures Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
CD
92136
BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
APPLICATION OF PECO ENERGY COMPANY FOR APPROVAL OF A RESTRUCTURING PLAN AND CONSUMER EDUCATION PROGRAM UNDER CHAPTER 28 OF THE PUBLIC UTILITY CODE
APPLICATION DOCKET NO. R-00973953
U U L U i V ! L p.! I INTERROGATORIES AND REQUESTS ^ n . « r . .. FOR PRODUCTION OF DOCUMENTS AND DATA T l i L L) t K O F P E C 0 ENERGY COMPANY
SET MP-H (Industrial Customer)
PECO Energy Company ("PECO") hereby propounds these Interrogatories and Requests
for Production of Documents and Data (Set MP-II (Industrial Customer)), to be answered by you
or such other person or persons capable of responding to these Interrogatories and Requests and
authorized to do so. Telephone or other contact concerning availability and timing of formal
responses is encouraged. The answers should restate the question asked and indicate the
person(s) supplying the i n f o r m a t i o n [ J Q Q j ^ £ y £ Q
JUN 30
9212Iv02
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. I f the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. If any matter responsive to any ofthe Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. I f you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following infonnation:
PH03/225370.1 1
(i) the date the infonnation was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. I f you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description ofthe document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINnTONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.I
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more ofthe following documents is requested or referred to,
PH03/225370.I - l
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g.. letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g.. index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge ofsueh circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.] A
1. his or her full name;
2. his or her business affiliation(s), position(s), title(s), and job description^) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. i f by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PH03/225370.1
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M. Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.1
INTERROGATORIES AND DOCUMENT REQUESTS
Request No. I . In your written pre-filed testimony served on June 20, 1997, you propose
that PECO should not be allowed to recover its full stranded investment claim. Please describe
how, and to what extent, the disallowance that you propose will benefit you and your
shareholders. If the answer to this Request would be different for separate entities that you
represent in this proceeding, please so state and provide separate responses for each entity whose
answer would differ.
Request No. 2. With regard to the benefits identified in response to Request No. 1, please
explain why your shareholders, rather than PECO's shareholders, should receive those benefits. If
the answer to this Request would be different for separate entities that you represent in this
proceeding, please so state and provide separate responses for each entity whose answer would
differ.
Request No. 3. For each entity that is a member of your association and which you
represent in this proceeding, please produce complete copies of all analyses performed by or for
you which evaluate and/or seek to quantify the effect on you if PECO's request to recover
stranded costs were approved.
Request No. 4. For each entity that is a member of your association and which you
represent in this proceeding, please project your total revenue, net income, and profits for the next
PHO3/22S370.1 T
eight years under two scenarios:
(a) the Commission approves PECO's proposal in this proceeding
regarding stranded costs; and
(b) the Commission approves the position you assert in this proceeding
regarding stranded costs.
(c) Explain the reasons for the differences, if any, in total revenues, net
income, and profits under these two scenarios.
Request No. 5. State whether you believe that valid future estimates for the market
clearing price of energy can be projected.
Request No. 6. For each entity that is a member of your association and which you
represent in this proceeding, please produce complete copies of all analyses performed by or for
you which evaluate and/or seek to quantify the future price of electric energy or capacity in a
competitive retail market in the Mid-Atlantic region.
Request No. 7. For each entity that is a member of your association and which you
represent in this proceeding, identify and describe the terms (including price, quantity, duration
and any other principal terms) of any offers you (or the customers you represent) have received
for the retail sale of energy or capacity for any duration for the years from 1997 through 2015.
PH03/225370.1
Request No. 8. For each entity that is a member of your association and which you
represent in this proceeding, identify and describe the terms (including price, quantity, duration
and any other principal terms) of any offers you (or the customers you represent) have received
for the wholesale sale of energy or capacity for any duration for the years from 1997 through
2015.
PH03/225370.I
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsytvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees. Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545. Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf. Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark. Esquire NESIP 905 Denston Drive
Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n a Street Harrisburg, PA 17101 o
CD
Steven P. Hershey, Esquire ^ Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
o n
5 Hi ^ < Am
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists) ovQ
Linda C. Smith, Esquire ~] Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 40^'' Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
r cr • t i -
— - j
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell. Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford. ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15 t h Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 m Street, NW - Suite 600 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12m Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 24, 1997
Legal Department
James W. Durham Senior Vice President and General Counsel
Sancira H. Byrne Legal Aaministraior
Paul R Bonney Ellen M. Cavanaugh Edward J . Cullen, Jr. Todd D. Cutier Vilna Waldron Gaston Gregory Golazeski John C Halderman Mary McFall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner Stephanie Whitlon Lewis Jeffrey J . Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY
f OLDER By Fax and First Class Mail
Paul E. Russell, Esq. Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101
uOCUMENT FOLDER
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5544 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 24, 1997
o CD
rv>
cn Re: Application of PECO Energy Company for Approval of its Restructuring
Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Paul:
Enclosed are two copies of PECO Energy Company's Interrogatories S^t-MP-ll (Supplier) numbered 1 through 17.
DOCKETED JUL 08
o n
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O
cr
GO
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V09
James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Administraior
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen. Jr. Todd D. Cutier-Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFail Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner StepFTanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
Legal Depanment
PECO ENERGY PECO Energy Company 2301 Market Street PO Sox 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Daniel Clearfieid, Esq. Alan Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street, Suite 401 Harrisburg, PA 17101
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Dan and Alan:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-I (Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V05
Legai Department
James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Administrator
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr Todd D, Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L Humoon Thomas G. Jackson J. Undsay Johnston Conrad 0. Kanner StepFTanie Whition Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A, Reuther Wendy Schermer Susan E. Sciamanna Jenny P. Shulbank Ward L. Smith Dawn Getty Suiphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Bruce A. Connell, Esq. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Re: Application of PECO Energy Company for Approval of its Restructuring Pian under Section 2806 of the Pubiic Utility Code Docket No. R-00973953
Dear Bruce:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-(Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V04
Legal Department
James W. Durham Sentot Vice Presideni and General Counsel
Sandra H. Byrne Legai Adminisiraior
Paul R. Bonney Blen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J, Lindsay Johnston Conrad 0. Kattner Stepfianie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny P Shulbank Ward L Smith Dawn Geny Sutphin Noet H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Gordon J. Smith, Esq. John & Hengerer 1200 17th Street, NW, Suite 600 Washington, DC 20036-3006
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Pubiic Utility Code Docket No. R-00973953
Dear Mr. Smith:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-(Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124v03
Legal Department
James W. Durham Senior Vice Presiflent and General Counsel
Sandra H. Byrne Legal Adminisiraior
Paul R. Bonney Blen M. Cavanaugh Edward J. Cullen. Jr. Todd D. Cutier Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner Stepfianie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant Genera! Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5 5 4 4 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Paul Nordstrom, Esq. Joel Newton, Esq. Verner Liipfert, Bernhard, McPherson & Hand 901 15th Street, NW Washington, DC 20005-2301
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 ofthe Public Utility Code Docket No. R-00973953
Dear Paul and Joel:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-(Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V02
Legal Department
James W. Durham Senior Vice Presideni and General Counsel
Sandra H. Byrne Legal Adminisiraior
Paul R. Bonney Ellen M. Cavanaugh Edward J. Culien. Jr. Todd D. Cutier Vilna Waldron Gaston Gregory Golazeski John C. Hafderman Mary McFall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stephanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
By Fax and First Class Mail
Craig A. Doll, Esq. 214 State Street Harrisburg, PA 17101
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Craig:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-I (Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V02
Legal Department
James W, Durham Senior Vice President and General Counsel
Sandra H. Byrne Lega) Administrator
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen. Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFail Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner StepHanie Whitlon Lewis Jeffrey J. Nonon Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 84-1 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First C lass Mail
Randall V. Griffin, Esq. Delmarva Power & Light Company 800 King Street Wilimington, DE 19899
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Randall:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-(Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V02
Legal Department
PECO ENERGY
James W. Durham Senior Vice Presideni and General Counsel
Sanara H. Byrne Legal Adminisiraior
Paul R. Bonney Blen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stepfianie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5 5 4 4 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Joseph A. Dworetzky, Esq. John P. Lavell, Jr., Esq. Hangley Aronchick Segal & Pudlin One Logan Square - 12th Floor Philadelphia, PA 19103
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Counsel:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-(Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney / ^ f ~ Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124v08
Legal Department
James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Administraior
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stepfianie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny P. Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Terence J. Fitzpatrick, Esq. David M. DeSalle, Esq. Ryan, Russell, Ogden & Seltzer LLP 800 North Third Street, Suite 101 Harrisburg, PA 17102-2025
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 ofthe Pubiic Utility Code Docket No. R-00973953
Dear Terry and Dave:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-I (Supplier) numbered 1 through 17.
Sincerely,
^2 V
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124v06
Legal Department
James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Administrator
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Undsay Johnston Conrad 0. Kanner StepRanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E.. Sciamanna Jenny P Shulbank Ward L. Smith Dawn Geny Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Bv Fax and First Class Mail
Michael G. Banta Vice President and General Counsel IP&L One Monument Circle P.O. Box 1595 Indianapolis, IN 46206
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Michael:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-(Supplier) numbered 1 through 17.
Sincerely,
Paul Bonney ' Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92124V07
BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
APPLICATION OF PECO ENERGY COMPANY FOR APPROVAL OF A RESTRUCTURING PLAN AND CONSUMER EDUCATION PROGRAM UNDER CHAPTER 28 OF THE PUBLIC: UTILITY CODE
APPLICATION DOCKET NO. R-00973953
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND DATA
OF PECO ENERGY COMPANY SET MP-H (Supplier)
PECO Energy Company ("PECO") hereby propounds these Interrogatories and Requests
for Production of Documents and Data (Set MP-II (Supplier)), to be answered by you or such
other person or persons capable of responding to these Interrogatories and Requests and
authorized to do so. Telephone or other contact concerning availability and timing of formal
responses is encouraged. The answers should restate the question asked and indicate the
person(s) supplying the information.
92100
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), fiirnish all infonnation available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. I f you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. I f the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. I f any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document,
(ii) its authors;
(iii) all recipients ofthe document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/22537O.I 1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
authors), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINITIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects, tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers, checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to.
PH03/225370.I
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g., letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g., index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number ofthe particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.1 A
1. his or her full name;
2. his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement,
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PH03/Z25370.]
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.1
rNTERROGATORfES AND DOCUMENT REQUESTS
Request No. I - Identify and describe the exact dollar amount of PECO's stranded
investment recovery that you propose that the Commission approve in this proceeding.
Request No. 2. If your response to Request No. 1 is anything other than that you propose
that PECO should be allowed to recover 100% of its stranded investment, please describe how,
and to what extent, the disallowance that you propose will benefit you and your shareholders.
Request No. 3. With regard to the benefits identified in response to Request No. 2, please
explain why your shareholders, rather than PECO's shareholders, should receive those benefits.
Request No. 4. Please produce complete copies of all analyses performed by or for you
which evaluate and/or seek to quantify the effect on you if PECO's request to recover stranded
costs were approved.
Request No. 5. Please project your total revenue, net income, and profits from retail sales
of electricity in Pennsylvania for the next eight years under two scenarios:
(a) the Commission approves PECO's proposal in this proceeding
regarding stranded costs; and
(b) the Commission approves the position you assert in this proceeding
regarding stranded costs.
PH03/225370.1 T
•
(c) Explain the reasons for the differences, if any, in total revenues, net
income, and profits under these two scenarios.
Request No. 6. (a) Identify and describe the prices for retail electric generation service
(separately for industrial, commercial, residential, low-income, and Customer Assistance Program
("CAP") customers) that you expect to charge to customers for the next ten years under the two
scenarios described in Request No. 5.
(b) Explain the reasons for the price differences, if any.
Request No.7. (a) Identify and describe the nominal and percentage savings in energy
and capacity (i.e.. non-LDU) charges that you expect to provide to customers for the next ten
years (state separately for industrial, commercial, residential, low-income and CAP customers)
under the two scenarios addressed in Request No. 5.
(b) Explain the reasons for the differences, if any, in the savings
provided to customers.
(c) Explain the source of the savings under each scenario.
Request No. 8. State whether you believe that valid future estimates for the market
clearing price of energy can be projected.
PH03/225370.I
Request No. 9. Please produce complete copies of all analyses performed by or for you
which evaluate and/or seek to quantify the future price of electric energy or capacity in a
competitive retail market in the Mid-Atlantic region.
Request No. 10. (a) Identify and describe your best projection of as-delivered,
competitive retail energy and capacity prices (including gross receipts tax) from 1997 through
2015 in PECO's service territory.
(b) Provide the factual basis and copies of any analyses or studies you
possess or have conducted for the projections set forth in response Request No. 10(a).
Request No. 11. (a) If you are or have been a supplier of electric energy or capacity,
identify and describe the price quotes or offers you have provided to retail and wholesale
customers in the Mid-Atlantic region during 1995, 1996, and/or 1997. If you are not and have
not been a supplier of electric energy or capacity, please so state.
(b) Describe the terms and conditions of service offered.
(c) Produce copies of all documents that contain such quotes or offers.
(d) For each such customer, identify the lowest and highest price
quoted.
Request No. 12. Identify and describe the terms (including price, quantity, duration and any
other principal terms) of any offers you have made for the sale of energy or capacity to any retail
customer located in PECO's service territory for any duration for the years from 1997 through
PH03/225370.i A
2015.
Request No. 13. Identify and describe the terms (including price, quantity, duration and any
other principal terms) of any offers you have made for the sale of energy or capacity to any
wholesale customer located in PECO's service territory for any duration for the years from 1997
through 2015.
Request No. 14. (a) Identify the highest price at which you would be willing currently to
commit to buy on-peak wholesale energy and capacity from PECO.
(b) Identify the highest quantity of energy and capacity to which you
would be willing currently to commit to buy from PECO at the abovementioned price.
(c) Identify and describe the same information as in parts (a) and (b)
for wholesale energy and capacity purchased from PECO 24 hours a day.
(d) Identify and describe the same information as in parts (a) and (b) to
which you would be willing currently to commit for bilateral contracts with PECO for a period of:
(i) one (1) year; (ii) two (2) years; (iii) five (5) years; (iv) ten (10) years; (v) fifteen (15) years; (vi)
twenty (20) years; and (vii) thirty (30) years.
Request No. 15. (a) State whether you intend to sell power into PECO's service
territory below your cost or the market price
(b) If so, by how much?
PH03/225370.1
Request No. 16 (a) Identify and describe if you ever have sold power below your cost,
or below the general market price.
(b) If so, by how much.
Request No. 17. (a) Identify and describe if you ever have charged "loss leader" prices
in any form.
(b) If so, identify and describe the "loss leader" prices you have
charged.
PH03/22S370.I
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harnsburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sri9tizens & John Long, Jr.) 0 0
O CD
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive
Ambler, PA 19002-3901
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & KauffmaqC? 305 North Front Street, Suite 403 Harrisburg, PA 17101 ^ (Counsel for AARP) n;
-a o
§3, So'
CO
- - J
CTl
U3
CD CO
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsef for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15 t h Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 t h Street, NW - Suite 600 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12'h Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 24, 1997
CERTIFICATE OF SERVICE
Re: Application of PECO Energy Company for Approval of its Restructuring Plan Under Section 2806 of the Public Utility Code Docket No. R-00973953
I hereby certify that I have this day served a true copy of the foregoing document,
OCA's Responses to PECO Energy Companyt Interrogatories, Set I , Nos. , upon parties of record
in this proceeding in accordance with the requirements of 52 Pa. Code § 1.54 (relating to service by
a participant), in the manner and upon the persons listed below:
Dated this 24th day of June, 1997.
SERVICE IN PERSON
Kenneth L. Mickens, Esq. Office of Trial Staff PA Public Utility Commission P.O. Box 3265 Harrisburg, Pa 17105-3265
SERVICE BY FEDERAL EXPRESS
Paul Bonney, Esq. Ward Smith, Esq. PECO Energy Company 2301 Market Street P.O. Box 8699 Philadelphia, Pa 19101-8699
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SERVICE BY FIRST CLASS MAIL. POSTAGE PREPAID
Karen Oill Moury, Esq. Small Business Advocate Suite 1102 Commerce Bldg. 300 North Second St. Harrisburg, PA 17101
David Kleppinger, Esq. Derrick P. Williamson, Esq. Robert A. Weishaar, Jr. McNees Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166
Craig A. Doll, Esq. Delmarva Power & Light Co. 214 State St. Harrisburg, PA 17101
Terrance J. Fitzpatrick David M. DeSalle Ryan, Russell, Ogden & Seltzer, LLP 800 North Third Street Suite 101 Harrisburg, PA 17102-2025
Walter W. Cohen, Esq. Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101
Christopher B. Craig, Esq. Senate Democratic Appropriations Committee
Room 545 Main Capitol Bldg. Harrisburg, PA 17120
Joseph J. Malatesta, Esq. Janet L. Miller, Esq. Malatesta Hawke & Mckeon, LLP Harrisburg Energy Center 100 North Tenth Street Harrisburg, PA 17101
Daniel Clearfield, Esq. Alan Kohler, Esq. Robert Longwell, Esq. Wolf, Block, Schorr and SoJis-Cohen
305 North Front Street, Suite 401 Harrisburg, PA 17101
Linda C. Smith, Esq. Dilworth, Paxson, Kalish & Kauffman LLP 305 N. Front Street, Suite 403 Harrisburg, PA 17101-7811
John P. Zinkand, Esq. Executive Vice Pres. Pennsylvania Petroleum Assn. Suite 121, Bldg. 2 2001 N. Front St. Harrisburg, PA 17102
Gary A. Jeffries, Esq. CNG Energy Services Corporation One Park Ridge Center P.O. Box 15746 Pittsburgh, PA 15244-0746
Paul Russell, Esq. Pennsylvania Power & Light Co. Two North Ninth St. Allentown, PA 18101
Steven P. Hershey, Esq. Community Legal Services, Inc. 1424 Chestnut St. Philadelphia, PA 19102
John L. Munsch, esq. Allegheny Power 800 Cabin Hill Dr. Greensburg, PA 16501
Clinton A. Vince Paul E. Nordstrom Deborah A. Swanstrom Joel D. Newton Vemer, Liipfert, Bernhard, McPherson &Hand 901 15th Street, NW Washington, DC 20005-2301
Usher Fogel Roland, Fogel, Koblenz & Carr, LLP Pennsylvania Petroleum Association 1 Columbia Place Albany, NY 12207
Liz Robinson ECA 1924 Arch St. Philadelphia, PA 19103
Roger Clark, Esq. Environmentalists 905 Denston Drive Ambler, PA 19002-3901
Joseph A. Dworetzky, Esq. New Energy Ventures Hangley Aronchick Segal & Pudlin One Logan Square, 12th Floor Philadelphia, PA 19103
Bruce A. Connell, Esq. Dupont Power Marketing Inc. 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
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Donald A. Kaplan, Esq. Lisa M. Helpert, Esq. Preston Gates Ellis & Rouvelas Meeds Suite 500 1735 New York Avenue, N.W. Washington, D.C. 20006-4759
Audrey Van Dyke, Esq. Navy Facilities Command Washington Navy Yard Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018
Steven K. Steinmetz Tanya J. McCloskey Assistant Consumer Advocates
Counsel For Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120 (717) 783-5048 41726
Legal Departmem
James W, Durham Senior Vice Presideni and General Counsel
Sandra H. Byrne Legal Administrator
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr Todd D, Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stepfianie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY
Bv Fax and First Class Mail
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman LLP 305 N. Front Street - Suite 403 Harrisburg, PA 17101-1236
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P. O. Box 1778 Harrisburg, PA 17105
hOLDER '
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
Steven P. Hershey, Esquire Community Legal Services, Inc.
.1424 Chestnut Street Philadelphia, PA 19102
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cn Christophers. Craig, Esquire 4r~ Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Buildinc^lS, Room 200 901 M Street, S.E. Washington, DC 20374-5018 O
1^ o< -I Re: Application of PECO Energy Company for Approval of its Restructuring-£fen iffiber
Section 2806 o f the Public Utility Code Docket No. R-00973953
Dear Counsel:
Enclosed are two copies of PECO Energy Company's Interrogatories Set MP-I Customer), numbered 1 through 7.
CD CO
(Residential
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92150
BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
APPLICATION OF PECO ENERGY COMPANY FOR APPROVAL OF A RESTRUCTURING PLAN AND CONSUMER EDUCATION PROGRAM UNDER CHAPTER 28 OF THE PUBLIC UTILITY CODE
APPLICATION DOCKET NO. R-00973953
rrmrTTT B0GKETED / INTERROGATORIES AND REQUESTS
F f l I P r n F O R PRODUCTION OF DOCUMENTS AND DATA J U N 3 0 ^ L U r OF PECO ENERGY COMPANY
SET MP-H (Residential Customer)
PECO Energy Company ("PECO") hereby propounds these Interrogatories and Requests
for Production of Documents and Data (Set MP-II (Residential Customer)), to be answered by
you or such other person or persons capable of responding to these Interrogatories and Requests
and authorized to do so. Telephone or other contact concerning availability and timing of formal
responses is encouraged. The answers should restate the question asked and indicate the
person(s) supplying the information.
92121
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. I f the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. I f any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following infonnation:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/22S370.1 1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. I f you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINITIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PH03/22S370.1
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g., letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g., index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information;
PH03/235370.I A
1. his or her full name;
2. his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PHO3/225370.I
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M. Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.1
INTERROGATORIES AND DOCUMENT REQUESTS
Request No. 1. Identify and describe the exact dollar amount of PECO's stranded
investment recovery that you propose that the Commission approve in this proceeding.
Request No. 2. Please produce complete copies of all analyses performed by or for you
which evaluate and/or seek to quantify the effect on you if PECO's request to recover stranded
costs were approved.
Request No. 3. State whether you believe that valid future estimates for the market
clearing price of energy can be projected.
Request No. 4. Please produce complete copies of all analyses performed by or for you
which evaluate and/or seek to quantify the future price of electric energy or capacity in a
competitive retail market in the Mid-Atlantic region.
Request No. 5. (a) Identify and describe your best projection of as-delivered,
competitive retail energy and capacity prices (including gross receipts tax) from 1997 through
2015 in PECO's service territory.
(b) Provide the factual basis and copies of any analyses or studies you
possess or have conducted for the projections set forth in response Request No. 5(a).
PHO3/225370.1
Request No. 6. Identify and describe the terms (including price, quantity, duration and any
other principal terms) of any offers you (or the customers you represent) have received for the
retail sale of energy or capacity for any duration for the years from 1997 through 2015.
Request No. 7. Identify and describe the terms (including price, quantity, duration and any
other principal terms) of any offers you (or the customers you represent) have received for the
wholesale sale of energy or capacity for any duration for the years from 1997 through 2015.
PH03/225370.1
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v, PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens. Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Sox 3255 Harrisburg, ?A 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees. Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg. PA 17120 (Counsel for The Honorable Vincent J. Fumo]
Daniel Clearfield, Esquire Alan Kohler. Esquire Wolf, Block. Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell. Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown. PA 18101 (Counsel for PP&L)
Roger Clark. Esquire NESIP 905 DenSTOn Drive
Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102. Commerce Building 300 N. 2 0 d Street Harrisburg, PA 17101
CD O
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists")
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Linda C. Smith, Esquire Dilworth, Paxson, Kaiish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Buiiding 218, Room 200 901 M Street. S.E. Washington. DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell. Esquire DuPont Power Marketing, Inc. Legai Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15m Street, NW Washington. DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17"1 Street. NW - Suite 600 Washington. DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle. Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12m Floor Philadelphia. PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell. Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 24. 1997
James W. Durham Senior Vice President and General Counsel
Sandra H. Byrne Legal Administrator
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad O. Kattner StepRanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H, Trask
Assistant General Counsel
PECO ENERGY
FOLDER By Fax and First Class Mail
Daniel Clearfield, Esq. Alan Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street, Suite 401 Harrisburg, PA 17101
Legal Department
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 24, 1997
CD O r\3
Re: Application of PECO Energy Company for Approval of its Restructuong Plan under Section 2806 of the Public Utility Code ^ Docket No. R-00973953
Dear Dan and Alan:
cn
Enclosed are two copies of PECO Energy Company's Interrogatories to Enron Set III, numbered 1 through 5.
Sincerely,
f Paul Bonney Ward L. Smith
PRB/mtg
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Pi r r 0 V?
O CO
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92006
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession ofyour attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all ofthe requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. I f any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis ofthe claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/225370.i 1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiff s answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINITIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1 1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any ofthe foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PH03/225370.1 1
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g.. letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g., index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.1 A
1. his or her foil name;
2. his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PH03/225370.1
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M. Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.1
PECO ENERGY COMPANY * M \ DOCKET NO. R-00973953
yv" INTERROGATORIES AND DOCUMENT R E Q U E S T i O C K F T F n " ^ P . C U TO ENRON ^ t - I C U
O U V ^ 4 SETHI JUN 3 0
1, With regard to witness Steven J. Kean:
(a) Please state the first date on which you contemplated submitting written testimony on behalf of this witness.
(b) Please state the first date on which you contacted this witness regarding submitting written testimony in this proceeding.
(c) Please state the date on which drafting of the testimony of this witness began.
(d) Please state the date on which you determined that Enron would submit written testimony on behalf of this witness.
2. With regard to witness John W. Mayo:
(a) Please state the first date on which you contemplated submitting written testimony on behalf of this witness.
(b) Please state the first date on which you contacted this witness regarding submitting written testimony in this proceeding.
(c) Please state the date on which drafting of the testimony of this witness began.
(d) Please state the date on which you determined that Enron would submit written testimony on behalf of this witness.
3. With regard to witness Malcolm W. Jacobson:
(a) Please state the first date on which you contemplated submitting written testimony on behalf of this witness.
(b) Please state the first date on which you contacted this witness regarding submitting written testimony in this proceeding.
92000
•
(c) Please state the date on which drafting of the testimony of this witness began.
(d) Please state the date on which you determined that Enron would submit written testimony on behalf of this witness.
4. With regard to witness Raymond W. Bowen:
(a) Please state the first date on which you contemplated submitting written testimony on behalf of this witness.
(b) Please state the first date on which you contacted this witness regarding submitting written testimony in this proceeding.
(c) Please state the date on which drafting of the testimony of this witness began.
(d) Please state the date on which you determined that Enron would submit written testimony on behalf of this witness.
5. With regard to witness Richard D. Tabors:
(a) Please state the first date on which you contemplated submitting written testimony on behalf of this witness.
(b) Please state the first date on which you contacted this witness regarding submitting written testimony in this proceeding.
(c) Please state the date on which drafting of the testimony of this witness began.
(d) Please state the date on which you determined that Enron would submit written testimony on behalf of this witness.
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive
Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
CD CD
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cn Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
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Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
#
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, $-B. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - IS"1 Street, NW Washington. DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 t h Street, NW - Suite 600 Washington, DC 20036-3006
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12 t h Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney T ^ H ^ Ward L. Smith ^ Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 24, 1997
Legal Department
James W. Durham Senior Vice President and General Counsel
Sandra H. Byme Legal Administrator
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gasion Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner StepRanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny P Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY
uOCUMEH FOLDER
Bv Fax and First Class Mail
Gordon J. Smith, Esquire John & Hengerer 1200 17th Street, NW - Suite 600 Washington, DC 20036-3006
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5544 Fax 215 568 3 3 8 9
Direct Dial: 215 841 4252
June 24, 1997
C D C D
Re: Application of PECO Energy Company for Approval of its RestrudCi?ing Plan under Section 2806 of the Public Utility Code ^ Docket No. R-00973953 co
Dear Mr. Smith:
Enclosed are two copies of PECO Energy Company's Interrogatories to Duke Energy Trading and Marketing, Set MP-I.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
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cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92111
BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
APPLICATION OF PECO ENERGY COMPANY FOR APPROVAL OF A RESTRUCTURING PLAN AND CONSUMER EDUCATION PROGRAM UNDER CHAPTER 28 OF THE PUBLIC UTILITY COPE
APPLICATION DOCKET NO. R-00973953
r J i fyi r M I INTERROGATORIES AND REQUESTS U \ J U J i I U i wFOR PRODUCTION OF DOCUMENTS AND DATA U , V 3 0
r n \ r\ r; o OF PECO ENERGY COMPANY f U L U C i \ REGARDING MARKET PRICE ASSUMPTIONS
SET MP-I
PECO Energy Company ("PECO") hereby propounds this Set of Interrogatories and
Requests for Production of Documents and Data Regarding Market Price Assumptions, to be
answered by you or such other person or persons capable of responding to these Interrogatories
and Requests and authorized to do so. Telephone or other contact concerning availability and
timing of formal responses is encouraged. The answers should restate the question asked and
indicate the person(s) supplying the information.
Responses to these interrogatories are not due until after the June 20, 1997 time for filing
of intervenor testimony. If you conclude that a specific interrogatory or subpart of an
interrogatory is answered in testimony, please identify in your response the page of testimony on
which the answer is contained.
91090v02
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. I f any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(in) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/219514.1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiff s answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document.
DEFINITIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
PH03/2I95I4.1
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
PH03/2195H-1 A
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g.. letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g.. index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
1. his or her full name;
2. his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
PH03/2t9514.1
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I. "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
PH03/2195I4.1
M. Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
0. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
INTERROGATORIES AND DOCUMENT REQUESTS
Request No. 1. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future natural gas prices.
(b) Identify and describe all assumptions regarding future natural gas
prices that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 1(b).
(d) Produce all of the documents identified and/or described in Request
No. 1(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future natural gas prices in any administrative or civil proceedings since January 1,
1990, with the exception of the current proceedings. If so, please produce all documents filed
PH03/2195U.I
and/or produced in the prior proceedings which set forth such assumptions.
Request No. 2. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future oil prices.
(b) Identify and describe all assumptions regarding future oil prices that
you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 2(b).
(d) Produce all of the documents identified and/or described in Request
No. 2(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future oil prices in any administrative or civil proceedings since January 1, 1990, with
the exception of the current proceedings. If so, please produce all documents filed and/or
produced in the prior proceedings which set forth such assumptions.
Request No. 3. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future coal prices.
(b) Identify and describe all assumptions regarding future coal prices
that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 3(b).
(d) Produce all of the documents identified and/or described in Request
PH03/219514.1 o
No. 3(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future coal prices in any administrative or civil proceedings since January 1, 1990, with
the exception of the current proceedings. If so, please produce all documents filed and/or
produced in the prior proceedings which set forth such assumptions.
Request No. 4. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future uranium prices.
(b) Identify and describe all assumptions regarding future uranium
prices that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 4(b).
(d) Produce all of the documents identified and/or described in Request
No. 4(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future uranium prices in any administrative or civil proceedings since January 1, 1990,
with the exception of the current proceedings. If so, please produce all documents filed and/or
produced in the prior proceedings which set forth such assumptions.
Request No. 5. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future O&M costs.
(b) Identify and describe all assumptions regarding future O&M costs
PH03/2195M.1 n
that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 5(b).
(d) Produce all of the documents identified and/or described in Request
No. 5(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future O&M costs in any administrative or civil proceedings since January 1, 1990,
with the exception of the current proceedings. If so, please produce all documents filed and/or
produced in the prior proceedings which set forth such assumptions.
Request No. 6. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding: (1) nuclear generating plant capacity factors; and/or (2) fossil generating
plant availability factors.
(b) Identify and describe all assumptions regarding: (1) nuclear
generating plant capacity factors; and/or (2) fossil generating plant availability factors that you
intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 6(b).
(d) Produce all of the documents identified and/or described in Request
No. 6(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding: (1) nuclear generating plant capacity factors; and/or (2) fossil generating plant
PH03/2I9514.I 10
availability factors in any administrative or civil proceedings since January 1, 1990, with the
exception of the current proceedings. If so, please produce all documents filed and/or produced
in the prior proceedings which set forth such assumptions.
Request No. 7. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding: (1) load growth; and/or (2) capacity additions.
(b) Identify and describe all assumptions regarding: (1) load growth;
and/or (2) capacity additions that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 7(b).
(d) Produce all of the documents identified and/or described in Request
No. 7(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding: (1) load growth; and/or (2) capacity additions in any administrative or civil
proceedings since January 1, 1990, with the exception of the current proceedings. I f so, please
produce all documents filed and/or produced in the prior proceedings which set forth such
assumptions.
Request No. 8. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding reserve margins and/or reserve requirements.
(b) Identify and describe all assumptions regarding reserve margins
and/or reserve requirements that you intend to use in calculating stranded costs for PECO.
PH03/2195M.I 11
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 8(b).
(d) Produce all of the documents identified and/or described in Request
No. 8(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding reserve margins and/or reserve requirements in any administrative or civil proceedings
since January 1, 1990, with the exception of the current proceedings. If so, please produce all
documents filed and/or produced in the prior proceedings which set forth such assumptions.
Request No. 9. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future inflation and/or escalation factors.
(b) Identify and describe all assumptions regarding future inflation
and/or escalation factors that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 9(b).
(d) Produce all of the documents identified and/or described in Request
No. 9(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future inflation and/or escalation factors in any administrative or civil proceedings since
January 1, 1990, with the exception of the current proceedings. If so, please produce all
documents filed and/or produced in the prior proceedings which set forth such assumptions.
PH03/21MM.1 12
Request No. 10. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding carrying the cost of capital and/or interest rates.
(b) Identify and describe ail assumptions regarding carrying the cost of
capital and/or interest rates that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 10(b).
(d) Produce all of the documents identified and/or described in Request
No. 10(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding carrying the cost of capital and/or interest rates in any administrative or civil
proceedings since January 1, 1990, with the exception of the current proceedings. If so, please
produce all documents filed and/or produced in the prior proceedings which set forth such
assumptions. ; i
Request No. 11. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding future generating plant technology, including assumed heat rates.
(b) Identify and describe all assumptions regarding future generating
plant technology, including assumed heat rates, that you intend to use in calculating stranded
costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 11(b).
(d) Produce all of the documents identified and/or described in Request
PH03/2I95U.I 13
No. 11(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding future generating plant technology, including assumed heat rates, in any administrative
or civil proceedings since January 1, 1990, with the exception of the current proceedings. If so,
please produce all documents filed and/or produced in the prior proceedings which set forth such
assumptions.
Request No. 12. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding the cost of a new combined cycle and/or combustion turbine capacity.
(b) Identify and describe all assumptions regarding the cost of a new combined
cycle and/or combustion turbine capacity that you intend to use in calculating stranded costs for
PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 12(b).
(d) Produce all of the documents identified and/or described in Request
No. 12(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding the cost of a new combined cycle and/or combustion turbine capacity in any
administrative or civil proceedings since January 1, 1990, with the exception of the current
proceedings. If so, please produce all documents filed and/or produced in the prior proceedings
which set forth such assumptions.
PH03/2195I4.1 14
Request No. 13. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding transmission constraints.
(b) Identify and describe all assumptions regarding transmission
constraints that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 13(b).
(d) Produce all of the documents identified and/or described in Request
No. 13(b) and (c).
identified by you.
(e) Identify and describe all transmission constraints that have been
(f) Describe the frequency with which you believe any such
transmission constraints actually would be triggered.
(g) State whether you have provided or set forth any assumptions
regarding transmission constraints in any administrative or civil proceedings since January 1,
1990, with the exception of the current proceedings. If so, please produce all documents filed
and/or produced in the prior proceedings which set forth such assumptions.
Request No. 14. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding the possible life extension of existing generating plant facilities.
(b) Identify and describe all assumptions regarding the possible life
extension of existing generating plant facilities that you intend to use in calculating stranded costs
for PECO.
PH03/2195H.1 15
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 14(b).
(d) Produce all of the documents identified and/or described in Request
No. 14(b) and(c).
(e) State whether you have provided or set forth any assumptions
regarding the possible life extension of existing generating plant facilities in any administrative or
civil proceedings since January 1, 1990, with the exception of the current proceedings. If so,
please produce all documents filed and/or produced in the prior proceedings which set forth such
assumptions.
Request No. 15. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding the cost of sulfur dioxide (SO2) emissions.
(b) Identify and describe all assumptions regarding the cost of sulfur
dioxide emissions that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 15(b).
(d) Produce all of the documents identified and/or described in Request
No. 15(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding the cost of sulfur dioxide emissions in any administrative or civil proceedings since
January 1, 1990, with the exception of the current proceedings. I f so, please produce all
documents filed and/or produced in the prior proceedings which set forth such assumptions.
PH03/21M14.1 16
Request No. 16. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding the cost of nitrogen oxides (NOx)emissions.
(b) Identify and describe all assumptions regarding the cost of nitrous
oxide emissions that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 16(b).
(d) Produce all of the documents identified and/or described in Request
No. 16(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding the cost of nitrogen oxides emissions in any administrative or civil proceedings since
January 1, 1990, with the exception of the current proceedings. If so, please produce all
documents filed and/or produced in the prior proceedings which set forth such assumptions.
Request No. 17. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding availability and/or transmission of energy and capacity from other power
pools and/or reliability councils to the PJM.
(b) Identify and describe all assumptions regarding the availability
and/or transmission of energy and capacity from other power pools and/or reliability councils to
the PJM that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all ofthe assumptions identified and
described in Request No. 17(b).
PH03/2I9514.1 17
(d) Produce all of the documents identified and/or described in Request
No. 17(b) and(c).
(e) State whether you have provided or set forth any assumptions
regarding the availability and/or transmission of energy and capacity from other power pools
and/or reliability councils to the PJM in any administrative or civil proceedings since January 1,
1990, with the exception of the current proceedings. If so, please produce all documents filed
and/or produced in the prior proceedings which set forth such assumptions.
Request No. 18. (a) State whether you intend to sponsor any assumptions in the current
proceedings regarding the availability and/or transmission of energy and capacity from the PJM to
other power pools and/or reliability councils.
(b) Identify and describe all assumptions regarding the availability and/or
transmission of energy and capacity from the PJM to other power pools and/or reliability councils
that you intend to use in calculating stranded costs for PECO.
(c) Set forth the factual basis for all of the assumptions identified and
described in Request No. 18(b).
(d) Produce all of the documents identified and/or described in Request
No. 18(b) and (c).
(e) State whether you have provided or set forth any assumptions
regarding the availability and/or transmission of energy and capacity from the PJM to other power
pools and/or reliability councils in any administrative or civil proceedings since January 1, 1990,
with the exception of the current proceedings. If so, please produce all documents filed and/or
PH03/219514.1 18
produced in the prior proceedings which set forth such assumptions.
Request No. 19. (a) State whether you intend to sponsor any analytical model in the
current proceedings to forecast. (1) annual electricity production; and/or (2) the annual market
electricity price.
(b) Identify and describe the analytical model that you intend to use to
forecast: (1) annual electricity production; and (2) the annual market electricity price in
calculating stranded costs for PECO.
(c) Set forth the basis for your choice of the model identified and
described in Request 19(b).
(d) Produce all of the documents identified and/or described in Request
No. 19(b) and (c).
(e) State whether you have provided or set forth any analytical model
used to forecast: (1) annual electricity production; and/or (2) the annual market electricity price
in any administrative or civil proceedings since January 1, 1990, with the exception of the current
proceedings. If so, please produce all documents filed and/or produced in the prior proceedings
which set forth such analytical model.
Request No. 20 (a) State whether you intend to forecast in the current proceedings the
annual electricity production and/or the annual market electricity price
(b) Identify and describe the time periods for which you intend to
forecast annual electricity production and/or the annual market electricity price in calculating
PH03/219514.1 19
stranded costs for PECO.
(c) Set forth the basis for your choice of the time periods identified
and described in Request 20(b).
(d) Produce all of the documents identified and/or described in Request
No. 20(b) and (c).
(e) State whether you have provided or set forth any forecasts of
annual electricity production and/or the annual market electricity price in any administrative or
civil proceedings since January 1, 1990, with the exception of the current proceedings. If so,
please produce all documents filed and/or produced in the prior proceedings which set forth such
assumptions.
Request No. 21. (a) State whether you intend to model any NERC region/subregion in
the current proceedings.
(b) Identify and describe each NERC region/subregion that you intend
to model in calculating stranded costs for PECO.
(c) Set forth the basis for your choice of the power pools identified
and described in Request 21(b).
(d) Produce all of the documents identified and/or described in Request
No. 21(b) and (c).
(e) State whether you have attempted to model any NERC region/
subregion in any administrative or civil proceedings since January 1, 1990, with the exception of
the current proceedings. I f so, please produce all documents filed and/or produced in the prior
PHC13/219514.1 20
proceedings which set forth such models.
Request No. 22. (a) State whether you intend to adopt and/or sponsor in the current
proceedings any projected energy prices to derive the revenue of each generating unit in
calculating the respective unit's stranded costs.
(b) Identify and describe the projected energy prices that you propose
to use to derive each generating unit's revenue in calculating the respective unit's stranded costs
for PECO.
(c) Set forth the basis for the projected energy prices identified and
described in Request No. 22(b).
(d) Produce all ofthe documents identified and/or described in Request
No. 22(c) and (d).
(e) State whether you have adopted and/or sponsored any projected
energy prices used to derive the revenue of each generating unit in calculating the respective
unit's stranded costs in any administrative or civil proceedings since January 1, 1990, with the
exception of the current proceedings. If so, please produce all documents filed and/or produced
in the prior proceedings which set forth such projected energy prices.
21
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953,
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Jsi^Citizens & John Long, Jr.)
O CD
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
KO
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive
Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
o - T l
CJ
a CD
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - IS"1 Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 t h Street, NW - Suite 600 Washington, DC 20036-3006
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12 , h Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 {Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
7 f Paul R. Bonney Ward L Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 24, 1997
CJIIMONWEALTH OF PENNSYLV4^A P E N N S Y L V A N I A P U B L I C U T I L I T Y C O M M I S S I O N
P.O. BOX 3265, HARRISBURG, PA 17105-3265 IN REPLY PLEASE
REFER TO OUR FILE
June 25, 1997
In Re: R-00973953, R-00983953 C0001-C0007
(See letter dated 04/28/97)
PECO ENERGY COMPANY
Application for approval of a Restructuring Plan and Consumer Education Program.
N O T I C E
This is to inform you that the Public Input Hearing(s) on the above-captioned case will be held as follows:
Wednesday. August 13.1997 at 7:00 p.m. Arch Street Methodist Church Broad and Arch Streets PO Box 7347 Philadelphia, Pennsylvania 19107
Monday, August 18.1997 at 7:00 p.m. Norristown Borough Hall Council Chambers 235 E Airy Street Norristown, Pennsylvania 19401
Tuesday. August 19.1997 at 7:00 p.m. Council Meeting Room 1st Floor Media Government Center Building 201 W Front Street Media, Pennsylvania 19063
ft
JUN 25 1997
Monday. September 8.1997 at 10:00 a.m. "Coffeehouse 2nd Floor Student Center
C A
Delaware Valley College Q C \\£ 9^ n
700 East Butler Avenue Doylestown, Pennsylvania 18901
<^fel-C0007 (Continued) G R-00973953, R-00983953 C*K)1-C0007 (Continued)
Tjiesdav. September 9,1997 at 10:00 a.m. Goshen Fire Company 1320 Park Avenue West Chester, Pennsylvania 19380
Wednesday. September 10. 1997 at 10:00 a.m. In an Available Hearing Room 13th Floor Philadelphia State Office Building Broad and Spring Garden Streets Philadelphia, Pennsylvania 19130
Presiding Officers: Administrative Law Judge Marlane R. Chestnut Administrative Law Judge Charles £. Rainey, Jr. 1302 Philadelphia State Office Building Broad and Spring Garden Streets Philadelphia, Pennsylvania 19130 Telephone (215) 560-2105
I f you are a person with a disability, and you wish to attend the hearing, we may be able to make arrangements for your special needs. Please call Norma Lewis at the Public Utility Commission:
• Scheduling Office: 717-787-1399 • AT&T Relay Service number for persons who are deaf or hearing impaired:
1-800-654-5988.
pc: Chairman Quain Vice Chairman Bloom Commission Hanger Commissioner Rolka Commissioner Brownell Judge Chestnut Judge Rainey Kevin Cadden - BPL 111 John Frazier - BPL 101 Office of Trial Staff (2) Consumer Advocate Small Business Advocate Bill Barrett-FUS Norma Lewis Steve L. Springer, Scheduling Officer Beth Plantz Docket Section Calendar File
Legai Depanmem
James W Durham Sfinmr Vice Presideni .md Gunerai Counsel
Paul R. Sonnev Ellen M. Cavanaugn Edward J . Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hooper Siephen L Huntoon Thomas G. Jackson J, Undsay Johnston Conrad 0 . Kattner Stephanie Whi i lon Lewis Jeffrey J . Nonon Mark 6. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny P Shulbank Ward L Smith Dawn Getty Sutphin Noel H, Trask
Assistant General Counsel
DOCUMENT FOLDER
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
By Fax and First Class Mail DOCKETED JUL H
June 25, 1997
Audrey VanDyke, Associate Counsel Naval Facilities Engineering command Washington Navy Yard, Bldg. 218, Room 200 901 M Street, SE Washington, DC 20374-5018
Re: Application of PECO Energy Company for Approval of its Restructuring Plan under Section 2806 ofthe Public Utility Code <=> Docket No. R-00973953
to*
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Dear Audrey:
Enclosed are two copies of PECO Energy Company's Interrogatories to Department of the Navy, Set ll, numbered 1 and 2.
co
Sincerely,
Paul Bonney U Ward L. Smith
PRB/mtg
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
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INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession ofyour attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
Co necessary to answer that Discovery Request.
C. If any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document; ^ O G ^ ^ ^ ^ ' ^
(ii) its authors; ffSSJI
JUL 0 1 W
(iii) all recipients ofthe document;
(iv) the present location and custodian of the document; and
(v) the basis ofthe claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/22S370.t t
•
(i) the date ihe information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be iinaiized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s)J date of creation, and general description of the document. If you respond
by stating that the requested infonnation already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page numbers), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFTNTTTONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1 «
these Discovery Requests, and any agent, agency, or affiliate thereof
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PM03/225370.I
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and ail non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g.. letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g., index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid), and of the line or lines thereof upon which the infonnation referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information;
PHOW225370.1 A
1. his or her full name;
2. his or her business affiliation(s), position(s). title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K- "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PMO3/225370.I
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in derail the nature of each such person's knowledge or information.
M Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary,
PH03/22S370.1
PECO Energy Company Docket No. R-00973953
Interrogatories for the United States Department of the Navy Set II
For Witness: Nicholas Phillips, Jr.
1. Re: Phillips Testimony, p. 22: Please explain in detail how "the allocations necessary to spread [ancillary services, system losses and imbalances] costs among load profiled customers" could "spill over to affect the bills of hourly metered customers for whom such allocations are not necessary."
2. Re: Phillips Testimony, p. 22: Please explain in detail how ancillary services, system losses and imbalances would be provided differently to hourly customers than to load profiled customers.
DOCKETED JUL Ql
DOCUMEN FOLDER
92198
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v, PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens. Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86390
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15* Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 I h Street, NW - Suite 600 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12 t h Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire Wil l iam T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harnsburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105 (Municipal Group)
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
ft
Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 25, 1997
I
DOUGLAS F. JOHN EDWARD W. HENGERER KEVIN M. SWEENEY KIM M. CLARK GORDON J. SMITH SHELBY L. PROVENCHER
Via Overnight Mail
JOHN & HENGERER A LAW PARTNERSHIP
1200 17TH STREET, N.W. SUITE 600
WASHINGTON, D.C. 20036-3006
'1 n T / -
June 25, 1997
RECEIVED
Office of Prothonotary Pennsylvania Public Utility Commission P.O. Box 3265 Harrisburg, PA 17105-3265
.IMM 2.S 1997
PA PUBLIC UTjIiiTY COMMISSION PROTHONOTARY'S OFFICE
TELEPHONE 202/429-8809
TELECOPIER 202/429-8805
RE: Petition for Approval of Restructuring Plan (Docket No. R-00973953)
Dear Sirs:
I've included for filing an original, 5 copies and 2 diskette copies ofthe Petition for Leave to Intervene and Participate of Electric Clearinghouse, Inc. in the above-referenced docket. Please return two stamped copies in the attached envelope for our records.
Thank you for your attention to this matter.
Sincerely,
Gordon Smith
Counsel For Electric Clearinghouse, Inc.
F;\word\76\p]cadiiig\mi\pa-pcco.]l
PLEASE FOLD THIS SHIPPING DOCUMENT IN HALF AND PLACE IT IN A WAYBILL POUCH AFFIXED TO YOUR SHIPMENT SO THAT THE BAR-CODE PORTION OF THE LABEL CAN BE READ AND SCANNED. "'WARNING: USE ONLY THE PRINTED ORIGINAL LABEL FOR SHIPPING. USING A PHOTOCOPY OF THIS LABEL FOR SHIPPING PURPOSES IS FRAUDULENT AND COULD RESULT IN ADDITIONAL BILLING CHARGES, ALONG WITH THE CANCELLATION OF YOUR FEDEX ACCOUNT NUMBER.
FROM: Joelle Ogg (202)429-8800 John & Hengerer 1200 17th Street, N.W. Suite 600 Washington, dc 200363006
SHIPPER'S FEDEX ACCOUNT NUMBER
TO: Office of the Prothontary (717 787-1013 PA Public Utility Commission Commwealth & North Street North Office Building, RM B-20 Harrisburg, PA 17105-3625
FedUx Federal Express
SHIP DATE: 25JUN97 MAN-WGT: 3 LBS
REF: 305
DELIVERY ADDRESS BARCODE (FEDBX-EDR)
CAD It 1322604 PRIORITY OVERNIGHT
TRK # 037 8071 153
17105-PA-US DROP OFF
PAK
MDT
THU AA
6 MDT
RECEIVED* ORIGINAL .MIN 25 1997
PA PUBLIC PROTHC
Application of PECO Energy Company for Approval of its Restructuring Plan
BEFORE THE *ftA PUBLIC UTILITY COMMISSION
Docket No. R-00973953
PETITION FOR LEAVE TO INTERVENE AND PARTICIPATE OF ELECTRIC CLEARINGHOUSE, INC.
This Petition for Leave to Intervene and Participate in the above-referenced proceeding
is filed by Electric Clearinghouse, Inc. (ECI) pursuant to the Public Utility Commission's
(Commission) Rules of Procedure and Practice, 52 Pa. Code § 5.71, et. seg., and Prehearing
Order No. 1. ECI requests that this Motion be granted for the reasons set forth below:'
I .
Communications and correspondence concerning this Motion should be directed to:
Gordon J. Smith, Esq. JOHN & HENGERER 1200 IT* Street, N.W. Suite 600 Washington, D.C. 20036-3006 Telephone: (202)429-8814 Facsimile: (202) 429-8805
David L. Cruthirds ELECTRIC CLEARINGHOUSE, INC. 1000 Louisiana Suite 5800 Houston, TX 77002-5050 Telephone: (713) 507-3761
II. ECI is headquartered in Houston, Texas and is a subsidiary of NGC Corporation,
which has subidiaries involved in the gathering, processing and marketing of natural gas,
natural gas liquids and crude oil. ECI is a marketer for electric power and provides value-
added services for utility and non-utility generators. ECI also offers various risk management
services to its customers, including options, swaps and other financial derivatives. ECI
expects to contract for transmission service in connection with its business as a marketer, or
buy from or sell to others that are receiving transmission service. ECI intends to serve
customers on PECO Energy Company's (PECO) distribqtioirsystem land-has significant
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interest in the Pennsylvania electricity market in general.
I I I .
On January 24, 1997, the Commission issued an order directing PECO to file its
restructuring plan. On April 1, 1997, PECO filed its restructuring plan.
IV.
As a potential marketer of electricity to customers presently served in PECO's service
territory, ECI will be directly and specifically affected by the outcome of this proceeding.
ECI's interests in this proceeding cannot be adequately represented or protected by any other
party hereto. Moreover, as a power marketer, ECI likely can contribute to the development of
a complete record in this case as well as settlement discussions. Under the circumstances, ECI
submits that good cause exists to grant it leave to intervene and participate herein.
At this early stage in the proceeding, ECI does not have any testimony. ECI wishes,
however, to be considered an active party and reserves its right to participate in the hearings
and file briefs as the Commission may subsequently allow, as well as in any settlement
discussions.
V.
WHEREFORE, ECI requests that the Commission grant this Motion and that ECI be
made a party to this proceeding for all purposes.
Respectfully submitted,
Or/. Tordon j . Smith, Esq.
JOHN & HENGERER 1200 17th Street, N.W. Suite 600 Washington, D.C. 20036
Counsel for Electric Clearinghouse, Inc.
I hereby certify that I have this day served a true copy of the foregoing document upon each person designated on the official service list in this proceeding.
Dated at Washington D.C: June 25, 1997
F:\WORD\76\PLEADING\mi\PA-peco.MLI
M BRUCE b . BAGLEY
ALAN R, BOYNTON. JR. ERIC L GROSSMAN
R O B E R T h i CHERRY
LOLHS A. D E J O E
DAVID B. DISNEY
MICHAEL A. D O C T R O W
E L I Z A B E T H A. D O U G H E R T Y
H A R V E Y FREEDENBERG
J A M E S L. FRITZ
W. J E F F R Y J A M O U N E A U
MICHAEL G. J A R M A N
DONALEj B. K A U F M A N
STEPHEN R. KERN
DAVID M. KLEPPINGER
BERNARD A. L A B U S K E S . J U .
D E L A N O M. L A N T Z
C N E E S , W A L L A C E & NURICK ATTORNEYS AT LAW
D A V D E- LEt-t- lAN
F R A N K U N A. MILES. JR.
ROBERT A . MILLS
S T E P H E N A. M O O R E
J O H N S. OYLER
G A R Y A . RITTER
DANA S T E V E N S S C A D U T O
RICHARD W. S T E V E N S O N
DIANE M. T O K A R S K Y
CATHERINE E. WALTERS
DAVID M. W A T T S , JR .
S T E V E N J . WEINGARTEN
NEAL S. W E S T
NORMAN I. WHITE
L A W R E N C E R. WIEDER
WILL IAM M. YOUNG. JR .
IOO PINE STREET P. O. BOX 1166
HARRISBURG. PA I7 IOS- I166 TELEPHONE 1717) 232-8000 FAX 1717) 237-5300
1200 G STREET N.W, SUITE SOO
WASHINGTON. D.C. a o o o s TELEPHONE (2021 434-8991 FAX 12021434-8707
h t tp : / /www.mwn.com
OF COUNSEL ROBERT H. GRISWOLD FRANCIS B. HAAS. JR. RICHARD R. LEFEVER
SAMUEL A. SCHRECKENGAUST. JR.
Writer's Direct Dial: (717) 237-5368
E-Mail: [email protected]
June 25, 1997
JENNIFER L. BAKER
J E F F R E Y F. CHAMPAGNE
J A M E S P. DEANGELO
J A M E S P. D O U G H E R T Y
KATHLEEN A. DUNST
DEBRA P. F O U R L A S
HELEN L. GEMMILL
ROBERT J . G O D U T O
S C O T T A. G O U L D
R A N D O L P H B. HOUSTON. JR .
BRIAN F. J A C K S O N
BRIAN E. KAMOIE
MICHAEL R. K E L L E Y
PETER F. KRIETE
J A M E S W. K U T Z
LOUISE HUTCHINSON M A R A
F. S T E P H E N S O N MATTHES
J O N R. M O O N E Y
S H A R O N R. P A X T O N
C H A D F. PHIPPS
PAMELA C. P O L A C E K
J O N A T H A N K RUDD
BRUCE R. SPICER
C A R O L A. STEINOUR
S U S A N V. S T E W A R T
ROBERT F. T E P U T Z
ROBERT A . W E I S H A A R JR,
DERRICK P. WILL IAMSON
J O H N A. WITHEROW. JR .
KATHLEEN A. W O L O W S K I
SAMUEL S. YUN
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James J. McNulty, Prothonotary Pennsylvania Public Utility Commission Room B-20, North Office Building Harrisburg, PA 17120
VIA HAND DELIVERY
Re: Pennsylvania Public Utility Commission v. PECO Energy Company; Docket No. R-00973953
Dear Prothonotary McNulty:
Enclosed for filing please find the original and three (3) copies of the Petition of Pennsylvania Retailers' Association to Intervene in the above-referenced proceeding. As evidenced by the attached Certificate of Service, all parties to this proceeding are being duly served. Please date stamp the extra copy of this transmittal letter and kindly return it for our filing purposes.
Respectfully submitted,
McNE^Sr^WALLACE ^ y R I C K
By tobert
Counsel to the Pennsylvania Retailers' Association
RAM/clc Enclosures c: Honorable Charles E. Rainey Jr.
Honorable Marlane R. Chestnut Certificate of Service ' U W U
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BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
3 PENNSYLVANIA PUBLIC UTILITY COMMISSION
v.
PECO ENERGY COMPANY
mm Docket No. R-00973953
PETITION TO INTERVENE OUT OF TIME OF THE PENNSYLVANIA RETAILERS' ASSOCIATION
TO THE HONORABLE, THE PENNSYLVANIA PUBLIC UTILITY COMMISSION:
Pursuant to the provisions of 52 Pa. Code §§ 5.71-5.74 and 52 Pa. Code § 5.61, the
Pennsylvania Retailers' Association ("PRA") files this Petition to Intervene out of time in
response to the Restructuring Plan filed by the PECO Electric Company ("PECO") pursuant
to Section 2806(d) of the Electricity Generation Competition and Customer Choice Act, 66
Pa.C.S. § 2801, et sea ("Chapter 28" or "Act"). In support thereof, PRA states as follows:
1. Petitioner is the PRA. PRA is a statewide trade association established in
1932 representing retailers throughout the Commonwealth of Pennsylvania. PRA represents
both small, independently owned retail stores and large retail chains. PRA's membership
accounts for over 1500 store locations within the Commonwealth of Pennsylvania. PRA
represents the interests of its members before the Pennsylvania General Assemblg the
Governor's Office and various administrative agencies.
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2. The name and address of PRA's attorney is:
Robert A. Mills McNEES, WALLACE & NURICK 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5216
All correspondence in this proceeding from the Commission should be directed to the
attention of Brian A. Rider, President of PRA at the following address:
Brian A. Rider, President Pennsylvania Retailers' Association 224 Pine Street Harrisburg, PA 17101-1325 (717) 233-7976
3. The respondent utility is:
PECO Energy Company 2301 Market Street P.O. Box 8699 Philadelphia, PA 19101-8699
4. On April 1, 1997, PECO filed with the Commission the "Application of PECO
Energy Company for Approval of its Restructuring Plan Under Section 2806 of the Public
Utility Code" ("Application" or "Restructuring Plan").
5. Through its Application, PECO requests, inter alia: (1) the recovery from
ratepayers of 100% of $6,805 billion in claimed transition or stranded costs; (2) the approval
and imposition of unbundled rates, which include a Competitive Transition Charge ("CTC")
designed to recover 100% of claimed stranded and transition costs from retail customers; (3)
- 2 -
the implementation of procedures to ensure direct access; (4) the implementation of a
consumer education program; and (5) the implementation of an initial plan to meet universal
service and energy conservation obligations.
6. In support of its Application, and the relief requested therein, PECO has filed
and served supporting testimony that purports to validate its claim for $6,805 billion in
transition and stranded costs as well as the reasonableness of allowing PECO to recover
100% of these claimed costs from ratepayers. Further, PECO avers that its unbundling and
stranded cost recovery proposals are rate cap compliant (with Section 2804(4) of the Act) and
that the balance of its plan is otherwise compliant with pertinent provisions of Chapter 28.
7. PRA is concerned with a myriad of issues arising from PECO's Application.
PRA reserves the right to raise and address various issues during the course of this
proceeding; however, issues of immediate and primary concern to PRA include:
• Transition or Stranded Costs: PRA questions the reasonableness of PECO's transition and stranded cost claim and the methodologies and assumptions utilized to estimate that claim. Moreover, PRA believes that PECO's request for relief violates the Act insofar as it seeks a disproportionate recovery of claimed transition and stranded costs from retail customers. Only a just and reasonable level of quantified stranded or transition costs may be recovered from ratepayers.
• Mitigation: PRA questions whether PECO has effectively mitigated stranded costs, and provided a plan for mitigation in the future, in order to reasonably reduce the cost to be recovered through its CTC.
• Unbundling/Allocation: PRA questions whether PECO's proposed unbundling comports with the requirements of the Act and specifically the rate cap and the prohibitions against inter- and intra-class cost shifting.
- 3 -
• Phase-In: PRA seeks to assure that phase-in implementation does not cause any of its members to incur competitive disadvantages due to one customer participating in the phase-in who competes directly with a customer who is prevented from participating.
8. PRA realizes that substantial events have already occurred in this proceeding.
PRA accepts any schedules or rulings made to this point by the Administrative Law Judge.
Furthermore, PRA asserts that its participation in this proceeding will not burden the other
parties of the record.
WHEREFORE, the Pennsylvania Retailers' Association respectfully requests that the
Commission grant this Petition to Intervene with full party status.
Respectfully submitted,
McNEES, WALLACE & NURICK
Robert A. Mills 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5216
Counsel to the Pennsylvania Retailers' Association Dated: June 25, 1997
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA ) ) ss:
COUNTY OF DAUPHIN )
Brian A. Rider, being duly swom according to law, deposes and says that he is
President of the Pennsylvania Retailers' Association, that in this capacity he is authorized to
and does make this affidavit for them, and that the facts set forth in the foregoing Petition to
Intervene are true and correct to the best of his knowledge, infonnation, and belief.
Brian A. Rider
SWORN TO and subscribed
before me this l^fgAday
of C U o - . g ^ • 1997.
Notary Public
(SEAL) NOTARIAL SEAL MARLENEA. RHINE, Notary Public Harrisburg, PA Dauphin County
My Commission Expires July 28,1999
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true copy of the foregoing Petition to
Intervene of the Pennsylvania Retailers' Association upon the participants listed below in
accordance with the requirements of 52 Pa. Code § 1.54 (relating to service by a
participant).
VIA FIRST CLASS MAIL:
Tanya J. McCloskey, Esq. Steven K. Steinmetz, Esq. Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esq. Office of Small Business Advocate Suite 1102, Commerce Building 300 North Second Street Harrisburg, PA 17101
Daniel Clearfield, Esq. Alan C. Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 North Front Street, Suite 401 Harrisburg, PA 17101
Christopher B. Craig, Esq. Office of Senator Vincent J. Fumo Room 545, Main Capitol Building Harrisburg, PA 17120
Alan J. Barak, Esq. 1417 Blue Mountain Parkway Harrisburg, PA 17112
Craig A. Doll, Esq. 214 State Street Harrisburg, PA 17101
Linda C. Smith, Esq. Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101
Terrance J. Fitzpatrick, Esq. David M. DeSalle, Esq. Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102
Janet Miller, Esq. Malatesta, Hawke & McKeon 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Walter W. Cohen, Esq. Andrew J. Giorgione, Esq. Obermayer, Rebmann, Maxwell & Hippel 204 State Street Harrisburg, PA 17101
Kenneth L. Mickens, Esq. Office of Trial Staff PA Public Utility Commission Pitnick Building, Third Floor 901 North 7th Street, Rear P.O. Box 3265 Harrisburg, PA 17105-3265
CERTIFICATE OF SERVICE Page 2
Joseph J. Malatesta, Jr., Esq. Lillian Smith Harris, Esq. Malatesta, Hawke & McKeon 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17105-1778
Susan Shanaman, Esq. Center for Energy and Econ. Dev. 212 North Third Street, Suite 203 Harrisburg, PA 17101-1505
Paul R. Bonney, Esq. Ward L. Smith, Esq. PECO Energy Company 2301 Market Street Philadelphia, PA 19103
Randall V. Griffin, Esq. Delmarva Power & Light Company 800 King Street Wilmington, DE 19899
Steven P. Hershey, Esq. Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102
Paul E. Russell, Esq. Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101
Donald A. Kaplan, Esq. Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759
Roger Clark, Esq. Environmentalists NESIP 905 Denston Drive Ambler, PA 19002-3901
Mr. David Boonin New Energy Ventures - Mid Atlantic 1845 Walnut Street, Suite 2525 Philadelphia, PA 19103
Bruce A. Connell, Esq. DuPont Power Marketing, Inc. Legal Department 600 North Dairy Ashford, ML-1034 Houston, TX 77079
Mr. Brian Kalcic Excel Consulting Suite 720-T 225 South Meramec Avenue St. Louis, MO 63105
Michael L. Kessler Vice President and General Counsel American Energy Solutions, Inc. I l l South Alfred Street Alexandria, VA 22314
Joel D. Newton, Esq. Vemer, Liipfert, Bemhard,
McPherson & Hand 901 - 15th Street, NW Washington, DC 20005-2301
Michael G. Banta, Esq. Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
CERTIFICATE OF SERVICE Page 3
John L. Munsch, Esq. Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689
Mr. Sam DeFrawi Director, Navy Rate Intervention Washington Navy Yard, Building 212 Code OORI 901 M Street, SE Washington, DC 20374-5018
Audrey Van Dyke, Esq. Naval Facilities Engineering Command Washington Navy Yard, Building 218 Room 200 901 M Street, SE Washington, DC 20374-5018
Joseph A. Dworetzky, Esq. John P. Lavelle, Jr., Esq. Hangley, Aronchick, Segal & Pudlin One Logan Square, Twelfth Floor Philadelphia, PA 19103
Gary A. Jeffries, Esq. CNG Energy Services Corporation One Park Ridge Center P.O. Box 15746 Pittsburgh, PA 15244-0746
Mr. Lance S. Haver 6048 Ogontz Avenue Philadelphia, PA 19141
Usher Fogel, Esq. Roland, Fogel, Koblenz & Carr, LLP 1 Columbia Place Albany,1 NY'12207
Paul L. Ziegler, Esq. Ziegler & Zimmerman, PC 355 North 21st Street, Suite 304 P.O. Box 1080 Camp Hill, PA 17011
Gordon Smith, Esq. John & Hengerer 1200 17th Street, NW, Suite 600 Washington, DC 20036-3§&6
VIA HAND DELIVERY
Derrick P. Williamson, Esquire McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166
)bert A. Mills, Esquire
Dated this 25th day of June, 1997, in Harrisburg, Pennsylvania.
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James W, Durham Se/ww Vice Pivs idenl ar>a Goneral Cnunsel
Piiiil H. Bonnev cllen M. Cavanaugh Edward J. Cuilen. Jr. Toda D. Cuiier Vitna Waldron Gasion Gregory Gotazeski John C Halderman Mary McFall Hopper Siephen L. Hunioon Thomas G. Jackson J. Lindsav Johnston Conrad 0. Kanner Steohanie Whiilon Lewis Jeffrev J. Norton Mark B. Peabodv Roslyn G. Pollack Chrisiine A. Reuiher Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L Smith Diiwn Getty Sutphin Noei H. Trask
Assistant General Counsel
PECO ENERGY
DOCKETED JUL 11
DOCUMENT FOLDER
Legal Department
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 25, 1997
Bv Fax and First Class Mail
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112
Re: Application of PECO Energy Company for Approval Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
CD CD CO
of its RestrucEIring v O
Dear Alan:
Enclosed are two copies of PECO Energy Company's Interrogatories to Environmentalists, Set III, numbered 1 through 8.
Sincerely,
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
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cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
90683V03
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you. including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. If any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients ofthe document;
(iv) the present location and custodian of the document; and
(v) the basis ofthe claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
MENT FOI DER
PH03/2253;0.1 1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-pan of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiff s answers and objections. You must
object separately to each sub-parr and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested infonnation already has been produced in response to prior discovery
requests or as part ofyour testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFTNTTTONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/22S370.I O
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any ofthe foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PHC13/225370.1
•
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g.. letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g.. index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symboi, the number of the particular page or pages (or other descriptive aid), and of the line or lines thereof upon which the infonnation refened to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.I A
#
1. his or her full name;
2. his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I. "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, i f not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fiilly and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PHtJ3/22537Q.[
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03fZ2S37a.\
PECO Energy Company Docket No. R-00973953
Interrogatories for the Environmentalists Set III
For Witness: Bruce E. Biewald
DOCKETED DOCUMENT JUL oi
FOLDER 1. Re: Statement No. 3, p. 5: Please identify the provision(s) in the Competition Act
that vests the Commission with authority to "require all retail electricity suppliers selling in Pennsylvania to disclose their fuel mix and key air and other waste emissions to consumers in a standard and easy to comprehend label."
2. Please describe in detail the costs that would be required to implement Mr. Biewald's environmental tracking proposal.
3. Re: Statement No. 3, p. 5: How does Mr. Biewald propose that "[a] comprehensive program of consumer education on the environmental effects of electric production and use" be funded.
4. Re: Statement No. 3, p. 16: If the Independent System Operator ("ISO") is a FERC jurisdictional entity, how can the Commission order it to track environmental attributes?
5. Re: Statement No. 3, p. 16: If the ISO does not in fact run the energy market, how does Mr. Biewald propose that the ISO would obtain information on the environmental content of generation scheduled on the transmission system?
6. Re: Statement No. 3, p. 16: Please identify any presently available software capable of tracking environmental attributes and state the costs of acquiring and implementing such software.
7. Re: Statement No. 3, p. 16: Is it Mr. Biewald's belief that the environmental tracking obligations should equally apply to non-PJM Pennsylvania utilities?
8. Re: Statement No. 3, p. 16: Is it Mr. Biewald's belief that the environmental tracking obligations should equally apply to other suppliers or marketers regardless of whether their sources of energy are inside or outside PA? If so, please explain in detail how this would work and state the basis of the Commission's jurisdiction to order and monitor such parties' compliance with environmental tracking obligations.
92196
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counse/ for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Soiis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n t l Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
•
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington. DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - IS" 1 Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Janet Miller, Esquire Wil l iam T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 {Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 {Counsel for GPU)
Gordon J. Smith, Esquire John & Hengerer 1200 17 l h Street, N W - S u i t e 6 0 0 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 12 t h Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105 (Municipal Group)
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 {Counsel for Pennsylvania Petroleum Association)
f Paul R. Bonney Ward L. Smith Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 25, 1997
James W, Durham Senior Vice Presidflnt anO General Counsel
Paui R. Bonney Ellen M. Cavanaugh Edward J . Cullen. Jr. Totid D. Cutler Vilna Waldron Gasion Gregory Golazeski John C. Halderman Mary McFail Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0 . Kattner Stephanie Whi t lon Lewis Jeffrey J . Norton Mark S. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smitn Dawn Gi i l ty Sutphin Noei H. Trask
Assisrani Guneral Counsel
PECO ENERGY
> SCI/MEN 7 BOLDER
By Fax and First Class Mail
Daniel Clearfield, Esq. Alan Kohler, Esq. Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street, Suite 401 Harrisburg, PA 17101
Legal Depanmeni
PECO Energy Company 2301 Market Streei PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
KJR
June 25, 1997
CD CD
Re: Application of PECO Energy Company for Approval of its RestruMring Plan under Section 2806 ofthe Public Utility Code ^ Docket No. R-00973953 o
Dear Dan and Alan:
Enclosed are two copies of PECO Energy Company's Interrogatories to Enron Set V, numbered 1 through 23.
Sincerely,
Paul Bonney Ward L Smith
PRB/mtg
Enclosures
DOCKETED
(JT.
-n a
C O C O
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
92006v04
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discoverv Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. Tf you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. If any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. If you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/Z2337O.1 I
(i) the date the information was first created or recorded;
(ii) the last date on which the infonnation was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiff s answers and objections. You must
object separately to each sub-part and must answer any other sub-pans.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINTTIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof.
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to.
PH03/225370.I 3
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by teiephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g., letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g., index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid), and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/22i370.1 A
1. his or her full name;
2. his or her business affiliation^), position(s). title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fiilly and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PH03/225370.1 5
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or informaiion concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M. Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/22537D.1
OOCUMEm FOLDER
PECO Energy Company Docket No. R-00973753 Interrogatories for Enron
SetV DocK£r£D JUL
For Witness: Paul D. Reising
1. Re: Statement No. 3, p. 18: Does Mr. Reising agree that transmission service in the PJM Control Area is presently provided under the poolwide PJM Open Access Transmission Tariff ("PJM Tariff') through the PJM Office of the Interconnection ("PJM Ol")? If not, please state in detail the basis of his disagreement.
2. Re: Statement No. 3, p. 18: Is it Mr. Reising's contention that PECO is required to have a "retail" transmission tariff in addition to the existing PJM Tariff? If so, please explain in detail the basis for this belief,
3. Re: Statement No. 3, p. 18, lines 18-23: Please describe in detail the "concept" which Mr. Reising has in mind.
4. Re: Statement No. 3, p. 20: Is it Mr. Reising's belief that the PaPUC retains jurisdiction over unbundled transmission, and ancillary services related thereto, in a retail access environment? If so, please explain in detail the basis for this belief.
5. Re: Statement No. 3, p. 20: Please state the statutory or legislative authority for Mr. Reising's statement that the Commission should adjust "the transmission and related ancillary service components of PECO's unbundled rates . . ."
6. Re: Statement No. 3, p. 28: Please state in detail how Enron would charge its retail choice customers for transmission if Enron obtained transmission directly from the PJM Ol.
For Witness: Lynn R. Coles
7. Re: Statement No. 7, p. 3: Please state in detail the factual bases of Ms. Coles' testimony that "PECO is proposing such policies to protect its service territory from the full impacts of competition
8. Please explain Ms. Coles' understanding of how transmission service currently is scheduled over the transmission facilities of the PJM utilities.
92213
9. Please explain Ms. Coles' understanding of how ancillary services currently are provided for transmission service over the facilities of the PJM utilities.
10. Please explain Ms. Coles' understanding regarding the current availability of transmission service under individual PJM company open access transmission tariffs.
11. Do individual PJM utilities offer ancillary services outside of the PJM Open Access Transmission Tariff ("PJM Tariff')? Please explain in detail the basis for this response.
12. Does Ms. Coles believe that PJM utilities are required to offer ancillary services outside of the PJM Tariff? Please explain in detail the basis for this response.
13. Re: Statement No. 7, p. 5: What is Ms. Coles' understanding of how differences between a transmission customer's transmission schedules and the amount of energy delivered to the PJM system by that customer are treated in PJM?
14. Re: Statement No. 7, p. 5: What is Ms. Coles' understanding of how differences between a transmission customer's transmission schedules and the amount of energy actually consumed by that customer's loads are treated in PJM?
15. Re: Statement No. 7, pp. 2-4: Assuming that all transmission service for delivering energy to retail choice load is arranged directly with the PJM Office of Interconnection ("PJM Ol"), is there any further need for a separate "retail" transmission tariff?
16. Assuming that Enron obtains transmission service directly from the PJM Ol to serve retail choice load in the PJM Control Area, how does Enron propose to recover the transmission costs incurred from such customers?
17. Does Enron intend to unbundle all transmission costs from the price of energy in its bills to retail choice customers? If not, please explain why Enron does not intend to do so.
18. Re: Statement No. 7, p. 9: Please identify all reports, studies and workpapers obtained or developed by Enron with respect to PJM hourly energy prices, and which form the basis of Ms. Coles' testimony on such prices.
19. Re: Statement No. 7, p. 11: Please explain in detail why the Code of Conduct proposed by PECO would not safeguard against PECO's marketing arm's utilization of each Supplier's ADLC for marketing intelligence to the detriment of suppliers.
20. Re: Statement No. 7, pp. 8 and 11-12: Please describe in detail how Ms. Coles proposes to implement her "much simpler and less costly" approach to "energy imbalance" under the presently existing rules of the PJM Interconnection ("PJM Rules").
21. Re: Statement No. 7, pp. 11-12: Is Ms. Coles proposing the creation of some type of "after-market" in which suppliers would trade unders and overs? If so, please describe in detail: (1) how this market would operate; (2) who would administer this market; (3) what costs are associated with the administration of such a market; (4) how net unders or overs would be charged or credited to suppliers; (5) who would determine the allocation of such net amounts to suppliers; (6) and how the EDC would be made whole through this process.
22. Re: Statement No. 7, p. 20: Please state in detail how Enron proposes to meet its reliability obligations to serve Pennsylvania retail choice customers during "the transition period."
23. Re: Statement No. 7, p. 20; Does Enron agree that it has an obligation under existing PJM Rules to meet certain capacity obligations for serving load located in the PJM Control Area? If not, please explain in detail the basis of Enron's disagreement. If yes, please state Ms. Coles' understanding as to what the PJM Rules require.
Certificate of Service
I hereby certify that i have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Har r i sburg , PA 1 7 1 0 8 - 1 1 6 6 (Counsel for PAIEUG)
Christopher 8. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz. Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapoiis Power & Light Company One Monument Circle P.O. Box 1595 Indianapoiis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell. Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15* Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 l h Street, NW - Suite 600 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - I 2 m Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desaile, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105 (Municipal Group)
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney 7 ' ' ^ ^ f Ward L. Smith # Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 25, 1997
Legal Department
James VV Durham Senior Vice Presideni and General Counsel
Paul R. Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary Mcfall Hopper Stephen L Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kattner Stephanif i Wh i t lon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Pollack Christine A. Reuther Wendy Schermer Susan E Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noei H. Trask
Assistant General Counsel
PECO ENERGY
By Fax and First Class Mail
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia. PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 25, 1997
CD CD CO
Re: Application of PECO Energy Company for Approval of its Restrucy^ing Plan under Section 2806 ofthe Public Utility Code — Docket No. R-00973953
Dear Alan:
Paul Bonney Ward L. Smith
PRB/mtg
O
Enclosed are two copies of PECO Energy Company's Interrogatories to Environmentalists, Set II, numbered 1 through 19.
Sincerely,
( J
U3
r c::
31-
C O C O
Enclosures
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
DOCKETED JUL 7 7
90683V02
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. If the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. If any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. I f you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce infonnation based on the ground that such
information is preliminary and/or still in draft form, set forth the following information:
PH03/225370.]
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients^), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFTNITIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.1
these Discovery Requests, and any agent, agency, or affiliate thereof.
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PH03/225370.]
the request or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g., letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g.. index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location of the document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/225370.1
1. his or her full name;
2. his or her business affiliation(s), position(s), title(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, i f not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PH03/22S370.I
constitutes, evidences, refers, or relates in any way to the assumption; (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/22S370.1
PECO ENERGY COMPANY DOCKET NO. R-00973953
^-IftflB^ROGATORIES AND DOCUMENT REQUESTS/) f ] n j j A* r
JUL \J i TO THE ENVIRONMENTALISTS ^ ^ if t / V /
rOLOt,*? SET II
Witness Roger Colton
1. Please provide a list of all articles, papers, reports, comments and speeches written, published, submitted or delivered by Mr. Colton during the past ten years on the subject of consumer education and/or information outreach to consumers and provide complete copies of all such materials for the past three years.
2. Please describe your experience with the design of consumer education programs.
3. Please identify and describe what you believe to have been a successful consumer education and/or information outreach program. Explain why you believe the program was successful. Please provide copies of or complete citations to all research, articles, testimony, books, or other documents that you possess or are aware of regarding this program.
4. Please provide a complete copy ofthe 1988 Drew Hyman report on low-income fuel assistance described in Mr. Colton's testimony, at p.6, lines 1-20.
5. Please provide a complete copy ofthe 1988 U.S. General Accounting Office study referred to in Mr. Colton's testimony, at p.7, lines 5-17.
6. Please provide a complete copy of the study (and any written results of the study) you performed for the Colorado Energy Assistance Foundation regarding non-participation in LIHEAP in Colorado, as described in Mr. Colton's testimony on p.7, lines 20-27.
7. Mr. Colton states at p.2, lines 3-14, that the purpose of his testimony is to evaluate two components of PECO Energy Company's restructuring plan, including its proposed consumer education program, "as it relates to low-income customers." Please state whether Mr. Colton intended that Exhibit RDC-3, the Summary of Consumer Education Recommendations, apply to low-income consumers only, or to all consumers in PECO Energy Company's service territory.
8. Please provide a complete copy ofthe study described by Mr. Colton at p. 8, lines 21-30. The study was performed by the Center on Budget and Policy Priorities and examined why elderly households did not participate in the LIHEAP program.
92096
9. Please provide a complete copy of the April 1997 report by the Pew Charitable Trusts referred to by Mr. Colton at p.9, lines 2-13.
10. Please identify the "wise consumer educator" referred to by Mr. Colton at p. 11, Iines10-12.
11. In Mr. Colton's testimony at p. 11, lines 23-26, he states that "an effective education program needs to determine what the consumers need to learn rather than what PECO Energy Company wants to teach."
a. In Mr. Colton's opinion, what, specifically, do consumers "need to learn" about restructuring?
b. Please identify and provide complete copies of all research relied upon by Mr. Colton in formulating his opinion on what consumers need to learn about restructuring.
12. In Mr. Colton's testimony, p. 11, lines 12-15, Mr. Colton states that "[o]ne ofthe basic precepts to effective education is that an effective education program must begin with each person's needs, knowledge and experience..."
a. Please identify and describe what, in Mr. Colton's opinion, are effective, valid methods for determining "each person's needs, knowledge and experience."
13. In Mr. Colton's testimony, p. 13, lines 16-25, he states that "the need for consumer education is five-fold," and then lists the five "needs."
a. Please provide complete copies of all research, articles, books or other documents or data Mr. Colton relied on in arriving at the five needs specified.
14. In Mr. Colton's testimony, p. 13, lines 23-24, Mr. Colton states that the fifth need for consumer education is "[t]o motivate consumers to engage in the decisionmaking ('not making a choice is not okay')."
a. Is it Mr. Colton's position that consumers who have been effectively educated will switch from their current generation supplier to an alternative generation supplier? If not, please explain what Mr. Colton means when he says that "not making a choice is not okay."
b. Is it Mr. Colton's position that the success of a consumer education program should be measured, in whole or in part, by how many consumers switch to an alternative generation supplier?
15. What are the measurement criteria or benchmarks Mr. Cotton believes should be applied to evaluate the success of PECO Energy Company's consumer education program?
16. Please provide complete copies of all research and data that support Mr. Colton's suggestions at p. 16, lines 16-32, that teaching employers and agencies to provide information to employees and clients about restructuring would be: (a) effective; and (b) more effective than outreach through a speakers bureau.
17. Please provide complete copies of the "substantial research" Mr. Colton refers to at p. 17, lines 1-17, that "reveals that low-income households tend to join fewer organizations ... than persons in higher socio-economic brackets." Does the term "organizations" as used at this point in Mr. Colton's testimony include religious organizations?
18. In Mr. Colton's opinion, should the PUC have a role in consumer education programs? If yes, please describe that role in detail. If no, explain why not.
19. In Mr. Colton's opinion, is there a role for a state-wide consumer education program in Pennsylvania? If yes, please describe that role in detail. If no, explain why not.
Certificate of Service
\ hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropriations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo]
Daniel Clearfield, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King .Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL) 86890
Michael G. Banta, Esquire Indianapolis Power & Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington, DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15* Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17m Street, NW - Suite 600 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 1 2 * Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William t . Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L. Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105 (Municipal Group)
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney ' Ward L. Smith * Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 25, 1997
Legal Department
James W. Durham Senior Vice Presidem and General Counsel
Paul R Bonney Ellen M. Cavanaugh Edward J. Cullen, Jr. Todd D. Cutler Vilna Waldron Gaston Gregory Golazeski John C. Halderman Mary McFall Hopper Stephen L. Huntoon Thomas G. Jackson J. Lindsay Johnston Conrad 0. Kanner Stephanie Whitlon Lewis Jeffrey J. Norton Mark B. Peabody Roslyn G. Poflack Christine A. Reuther Wendy Schermer Susan E. Sciamanna Jenny R Shulbank Ward L. Smith Dawn Getty Sutphin Noel H. Trask
Assistant General Counsel
PECO ENERGY
Bv Fax and First Class Mail
Tanya McCloskey Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
DOCUMENT FOLDER
PECO Energy Company 2301 Market Street PO Box 8699 Philadelphia, PA 19101-8699 215 841 5544 Fax 215 568 3389
Direct Dial: 215 841 4252
June 25, 1997
KJR
CD CD CO
Re: Application of PECO Energy Company for Approval of its RestructfC^ng Plan under Section 2806 of the Public Utility Code Docket No. R-00973953
Dear Tanya:
Enclosed are two copies of PECO Energy Company's Interrogatones to Office of Consumer Advocate, Set II, numbered 1 through 3.
Sincerely,
L O
•1
Paul Bonney Ward L. Smith
PRB/mtg
Enclosures
DOCKETED JUL 11
r-:0 ^
o
o —
cc: Certificate of Service (w/enclosure) James McNulty, Acting Prothonotary (Certificate of Service Only)
90689v02
INSTRUCTIONS
A. In answering these Interrogatories and Document Requests (collectively, the
"Discovery Requests"), furnish all information available to you, including any such information in
possession of your attorneys or anyone acting on your behalf, and not merely such information
known of your own personal knowledge. If you cannot answer the Discovery Requests in full
after exercising due diligence to secure the information to do so, so state and answer to the extent
possible.
B. I f the answer to any of the Discovery Requests is that you lack knowledge of some
or all of the requested information, describe all efforts made by you to obtain the information
necessary to answer that Discovery Request.
C. I f any matter responsive to any of the Discovery Requests is withheld based on any
claim of privilege, describe generally the matter withheld, state the privilege being relied upon,
and identify all persons or entities who have or have had access to said matters. I f you refuse to
describe and/or produce any document on the basis of a claim of privilege or protection from
discovery of any kind, with respect to each such document, set forth the following information:
(i) the date of the document;
(ii) its authors;
(iii) all recipients of the document;
(iv) the present location and custodian of the document; and
(v) the basis of the claim of privilege or protection from discovery.
In addition, if you refuse to produce information based on the ground that such
infonnation is preliminary and/or still in draft form, set forth the following information:
PH03/22S370.] 1
(i) the date the information was first created or recorded;
(ii) the last date on which the information was changed or altered in any
manner; and
(iii) the expected date that the information will be finalized.
D. Each lettered sub-part of a numbered Discovery Request is to be considered a
separate Discovery Request for the purpose of Plaintiffs answers and objections. You must
object separately to each sub-part and must answer any other sub-parts.
E. These Discovery Requests are to be deemed continuing in nature, and you shall
promptly supply, by way of supplemental response, any additional responsive information that
may become known to you or anyone acting on your behalf after your answers have been
prepared or served.
F. For all documents produced, identify by Bates number which document or
documents are responsive to each separate Discovery Request. If you respond by stating that the
requested documents already have been produced in response to prior discovery requests, identify
the responsive documents previously produced either by Bates number or by describing the
author(s), recipients(s), date of creation, and general description of the document. If you respond
by stating that the requested information already has been produced in response to prior discovery
requests or as part of your testimony, identify by date, specific page number(s), and general
description the prior discovery responses or portions of testimony that are responsive.
DEFINITIONS
A. "You" refers to the company, agency, or organization to whom PECO has directed
PH03/225370.]
these Discovery Requests, and any agent, agency, or affiliate thereof
B. "PECO" refers to the PECO Energy Company and any agent, agency, or affiliate
thereof
C. "Assumption" refers to any predictions, projections, assumptions, or other
estimates.
D. "Person" or "persons" means all individuals and entities, including natural persons,
representative persons, public or private corporations, companies, unincorporated associations,
partnerships, organizations, government entities or groups, plus any divisions, departments, or
units thereof.
E. "Document" or "documents" means any written, printed, typed, recorded, or
graphic matter, whether produced or reproduced or stored on paper, cards, tapes, film, electronic
facsimile, computer storage devices or any other devices or media, including, but not limited to
papers; books; letter; photographs; objects; tangible things; correspondence; telegrams; cables;
telex messages; memoranda; notes; notations; records; work papers; transcripts; minutes; reports
and recordings of telephone or other conversations, or of interviews, or of conferences, or of
other meetings; affidavits; statements; opinions; proposals; reports; studies; analyses; audits;
evaluations; contracts; agreements; journals; statistical records; ledgers; books of account;
bookkeeping entries; financial statements; tax returns; vouchers; checks; check stubs; invoices;
receipts; desk calendars; appointment books; diaries; lists; tabulations; summaries; sound
recordings; computer printouts; data processing input and output; microfilms; all records kept by
electronic, photographic, or mechanical means; and things similar to any of the foregoing,
however denominated. When one or more of the following documents is requested or referred to,
PH03/225370.1 - j
the requesi or reference shall include, but is not limited to, the original and each and every copy
and draft thereof having writings, notations, corrections, or markings unique to such copy or
draft.
F. "Oral communication" means any and all non-written forms of expression or
communication, whether face-to-face or by telephone, in a conference or otherwise.
G. "Identify" or "identification", when used in reference to a document, means to:
1. state the type of document (e.g.. letter, log, report, etc.);
2. state its date;
3. state its title, heading or other designation and any other information (e.g.. index or file number) which would facilitate the identification thereof;
4. identify the person(s) who prepared and/or signed the document;
5. identify the persons (or if widely distributed, the organization or classes of persons) to whom it was sent;
6. identify the last known location ofthe document and of each copy thereof having notations or markings unique to such copy;
7. if the document was, but no longer is, in your possession or subject to your control, identify its last know custodian, describe the circumstances under which it passed from your control to that person, and identify each person having knowledge of such circumstances;
8. describe its general subject matter and contents; and
9. if the document exceeds one page in length, or is contained in a series of documents or a larger portion, identify the specific document by appropriate identifying name or symbol, the number of the particular page or pages (or other descriptive aid) and of the line or lines thereof upon which the information referred to in the Discovery Request or your response appears.
H. "Identify" or "identification", when used in reference to a natural person, means to
provide the following information:
PH03/22S370.1 A
1. his or her fiill name;
2. his or her business affiiiation(s), position(s), titie(s), and job description(s) during the period delineated in the Discovery Request (and the dates during which each affiliation, position, title, and job description applied to him or her);
3. his or her present or last known business address (and the date of that last knowledge); and
4. his or her present or last known residence address (and the date of that last
knowledge).
I . "Identify" or "identification", when used in reference to an oral communication or
statement, means to:
1. state the date of the oral communication or statement;
2. state the place where it occurred;
3. identify the persons(s) making and listening to the oral communication or statement;
4. identify all other persons present at the time it was made;
5. if by telephone, identify the persons participating in the conversation and where each was located at the time of the call; and
6. describe the substance of the oral communication or statement.
J. "Date" means the exact day, month, and year if ascertainable, or, if not, the best
approximation thereof or best approximation in relation to other events.
K. "Describe" means to set forth fully and clearly every relevant fact and/or event,
including particulars of time, place and manner.
L. "Set forth the factual basis" for a particular assumption means: (a) describe in
detail the facts underlying the assumption; (b) identify each and every document which
PHO3/225370.1
constitutes, evidences, refers, or relates in any way to the assumption: (c) identify each and every
person whom OCA knows or believes to have knowledge or information concerning the
assumption; and (d) describe in detail the nature of each such person's knowledge or information.
M. Where the context so requires:
1. the terms "and" and "or" mean "and/or";
2. the plural of a word includes the singular, and the singular includes the plural;
3. the past tense of verb includes the present, and the present tense includes the past;
4. the masculine gender includes feminine and neuter genders, and the neuter
gender include the masculine and feminine.
O. All other words are to be given their ordinary and usual meanings, according to a
current edition of Webster's Dictionary.
PH03/225370.1
PECO ENERGY COMPANY DOCKET NO. R-00973953
INTERROGATORIES AND DOCUMENT REQUESTS TO THE OFFICE OF CONSUMER ADVOCATE
SET II
Witness Barbara Alexander
1. Please provide a list of all articles, papers, reports, comments and speeches written, published, submitted or delivered by Ms. Alexander during the past ten years on the subject of consumer education and/or information outreach to consumers and provide copies of all such materials for the past three years.
2. Please describe your experience with the design of consumer education programs.
3. Please identify and describe what you believe to have been a successful consumer education and/or information outreach program. Explain why you believe the program was successful. Please provide copies of or complete citations to all research, articles, testimony, books, or other documents that you possess or are aware of regarding this program.
DOCKETED JUL 01 DOCUMEN
FOLDER
92210
Certificate of Service
I hereby certify that I have this day served the foregoing document on the following in the matter of Pennsylvania Public Utility Commission v. PECO Energy Company Pa. PUC Docket No. R-00973953.
Kenneth L. Mickens, Esquire Pennsylvania Public Utility Commission Office of Trial Staff P.O. Box 3265 Harrisburg, PA 17105-3265
Derrick Williamson, Esquire David Kleppinger, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 (Counsel for PAIEUG)
Christopher B. Craig, Esquire Democratic Committee on Appropr/ations Room 545, Main Capitol Building Harrisburg, PA 17120 (Counsel for The Honorable Vincent J. Fumo)
Daniel Cfearfie/d, Esquire Alan Kohler, Esquire Wolf, Block, Schorr and Solis-Cohen 305 N. Front Street; Suite 401 Harrisburg, PA 17101 (Counsel for Enron)
Paul Russell, Esquire Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 (Counsel for PP&L)
Roger Clark, Esquire NESIP 905 Denston Drive Ambler, PA 19002-3901
Craig A. Doll, Esquire 214 State Street Harrisburg, PA 17101 (Counsel for Delmarva Power & Light)
Tanya McCloskey, Esquire Steven K. Steinmetz, Esquire Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120
Karen Oill Moury, Esquire Assistant Small Business Advocate Suite 1102, Commerce Building 300 N. 2 n d Street Harrisburg, PA 17101
Steven P. Hershey, Esquire Community Legal Services, Inc. 1424 Chestnut Street Philadelphia, PA 19102 (Counsel for CEPA, TAG, Action Alliance of Sr. Citizens & John Long, Jr.)
Donald A. Kaplan, Esquire Preston, Gates, et al. Suite 500 1735 New York Avenue, NW Washington, DC 20006-4759 (Counsel for PP&L)
Alan J. Barak, Esquire Penn Energy Project 1417 Blue Mountain Parkway Harrisburg, PA 17112 (Attorney for Environmentalists)
Linda C. Smith, Esquire Dilworth, Paxson, Kalish & Kauffman 305 North Front Street, Suite 403 Harrisburg, PA 17101 (Counsel for AARP)
Randall V. Griffin, Esquire Delmarva Power & Light Company 800 King.Street Wilmington, DE 19899 (Counsel for Delmarva Power & Light)
Walter W. Cohen, Esquire Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel LLP 204 State Street Harrisburg, PA 17101 (Counsel for IPL)
86890
Michael G. Banta, Esquire Indianapolis Powers Light Company One Monument Circle P.O. Box 1595 Indianapolis, IN 46206-1595
Audrey Van Dyke, Associate Counsel Naval Facilities Engineering Command Washington Navy Yard, Building 218, Room 200 901 M Street, S.E. Washington. DC 20374-5018 (Counsel for Dept. of Navy)
Bruce A. Connell, Esquire DuPont Power Marketing, Inc. Legal Department 600 N. Dairy Ashford, ML-1034 Houston, TX 77079
Joel D. Newton, Esquire Verner Liipfert Bernhard McPherson & Hand 901 - 15* Street, NW Washington, DC 20005-2301 (Counsel for Allegheny Power)
Gordon J. Smith, Esquire John & Hengerer 1200 17 t h Street, NW - Suite 600 Washington, DC 20036-3006 (Duke Energy Trading and Marketing))
Joseph A. Dworetzky, Esquire John P. Lavelle, Jr., Esquire Hangley Aronchick Segal & Pudlin One Logan Square - 1 2 * Floor Philadelphia, PA 19102 (Counsel for New Energy Ventures)
Janet Miller, Esquire William T. Hawke, Esquire/Todd S. Stewart, Esq. Malatesta Hawke & McKeon 100 N. Tenth Street Harrisburg, PA 17105 (Counsel for Mid-Atlantic Power Supply Association)
John L Munsch, Esquire Allegheny Power 800 Cabin Hill Drive Greensburg, PA 15601-1689 (Counsel for Allegheny Power)
Terence Fitzpatrick, Esquire David Desalle, Esquire Ryan, Russell, Ogden & Seltzer 800 North Third Street, Suite 101 Harrisburg, PA 17102 (Counsel for GPU)
Joseph J. Malatesta, Jr., Esquire Lillian Smith Harris, Esquire Malatesta Hawke & McKeon LLP Harrisburg Energy Center 100 North Tenth Street - P.O. Box 1778 Harrisburg, PA 17105 (Municipal Group)
Usher Fogel, Esquire Roland, Fogel, Koblenz & Carrr, LLP 1 Columbia Place Albany, NY 12207 (Counsel for Pennsylvania Petroleum Association)
Paul R. Bonney :
Ward L. Smith " Assistant General Counsel PECO Energy Company 2301 Market Street, S23-1 Philadelphia, PA 19103 (215) 841-4252 (215) 841-6863
Dated: June 25, 1997