Comment on Enbridge’s withdrawal of Sandpiper NOW!
September 6th, 2016
According to their Petition for Withdrawal, “[p]ursuant to Minn. R. 7829.0430, persons opposing the Petition have 14 calendar days from the date of service to file objections. Pursuant to Minn. R. 1400.6600, parties may respond to the motion to suspend the contested case and certify the issues within 10 working days of this motion by filing a written response with the judge and serving copies on all parties.” And they’re correct about that.
Served September 1, so deadlines are September 11 (12th because it’s a Sunday) for objections under Minn. R. 1400.6600 (for “parties”) and September 15 for objections/comments under Minn. R. 7829.0430.
Address comments to:
Daniel P. Wolf, Executive Secretary Minnesota Public Utilities Commission 121 Seventh Place East, Suite 350 Saint Paul, MN 55101-2147
Ann O’Reilly and James La Fave, Administrative Law Judges
Office of Administrative Hearings
600 North Robert Street
P.O. Box 64620
St. Paul, MN 55164-0620
AND to eFile them by registering at the PUC site HERE and eFiling them in dockets 13-473 and 13-474. It EASY!!! Then not only will the Commission and the Judges of the two dockets be aware of your comments, but the world can see them too! Small effort, larger impact!
And you can mail the Comment to him, but I’d strongly advise you eFile it at the PUC (which will also go to ALJ Oxley)
And again, here’s their Withdrawal Request:
The 10 day rule, Minn. R. 1400.6600 does say “parties” may respond:
Any application to the judge for an order shall be by motion which, unless made during a hearing, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. Motions provided for in parts 1400.5100 to 1400.8400 shall be served on all parties, the agency, if it is not a party, and the judge. The written motion shall advise other parties that should they wish to contest the motion they must file a written response with the judge and serve copies on all parties, within ten working days after it is received. No memorandum of law submitted in connection with a motion may exceed 25 pages, except with the permission of the judge. If any party desires a hearing on the motion, they shall make a request for a hearing at the time of the submission of their motion or response. A response shall set forth the nonmoving party’s objections. A hearing on a motion will be ordered by the judge only if it is determined that a hearing is necessary to the development of a full and complete record on which a proper decision can be made. Motions may be heard by telephone. All orders on such motions, other than those made during the course of the hearing, shall be in writing and shall be served upon all parties of record and the agency if it is not a party. In ruling on motions where parts 1400.5100 to 1400.8400 are silent, the judge shall apply the Rules of Civil Procedure for the District Court for Minnesota to the extent that it is determined appropriate in order to promote a fair and expeditious proceeding.
The 14 day rule is broader, Minn. R. 7829.0430 in the Utility Practice and Procedure rules:
Subpart 1. Uncontested withdrawal.
The commission delegates to the executive secretary authority to approve the withdrawal of a filing. Approval will be granted by the executive secretary if the following conditions are met:
A. the party that submitted the filing has requested that the filing be withdrawn and has served notice on the persons listed on the official service list;
B. no person has expressed opposition to withdrawal of the filing within 14 days of service of the notice; and
C. no commissioner or commission staff person has identified a reason that the matter should not be withdrawn.
Subp. 2. Contested withdrawal.
If any person opposes a withdrawal request within 14 days of service of the notice, the commission will allow a filing to be withdrawn at the request of the filing party if the commission determines that the proposed withdrawal:
A.does not contravene the public interest;
B. does not prejudice any party; and
C. does not concern a filing that raises issues requiring commission action.
If the commission determines that withdrawal would contravene the public interest or would prejudice a party, the commission may permit withdrawal only subject to conditions that mitigate the harm identified.
And here’s a prior Legalectric post:
Enbridge files to withdraw Sandpiper applications!
September 1st, 2016
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