STATE OF MAINE PUBLIC UTILITIES COMMISSION Docket No. 2017-00232 April 27, 2018 CENTRAL MAINE POWER COMPANY Request for Approval of CPCN for the New England Clean Energy Connect Consisting of the Construction of a 1,200 MW HVDC Transmission Line from the Québec-Maine Border to Lewiston (NECEC) and Related Network Upgrades I. PROCEDURAL ORDER Granting Motions to Amend Procedural Schedule MOTIONS TO AMEND SCHEDULE By Procedural Order issued on March 28, 2018, the Examiners granted the latefiled Petitions to Intervene of NextEra Energy Resources, LLC (NextEra); RENEW Northeast, Inc. (RENEW); and Calpine Corporation, Dynegy Inc., and Bucksport Generation LLC (Generator Intervenors) (collectively, Late-Filed Intervenors) in this case. The March 28th Procedural Order also permitted NextEra, RENEW, and the Generator Intervenors to file direct testimony on or before April 10, 2018. On March 29, 2018, the Generation Intervenors filed a Motion to Amend Procedural Schedule in this case (March 29th Motion). In their March 29th Motion, the Generator Intervenors request that the deadline for the filing of their direct testimony be extended from April 10, 2018 to April 30, 2018. In their March 29th Motion, the Generator Intervenors state that they have retained two experts and the soonest the experts can complete their analysis is April 30, 2018. On March 30, 2018, the Examiners issued a Procedural Order that invited comments from the parties on the Generator Intervenors’ March 29th Motion. On April 4, 2018, RENEW filed a parallel Motion to Amend Procedural Schedule in which it (1) supports the Generator Intervenors’ request to extend the deadline for filing testimony and (2) requests that RENEW be given the same extension for the filing of its testimony in this case (April 4th Motion). On April 4, 2018, NextEra filed comments supporting of the Generator Intervenors’ March 29th Motion, stating that it intends to file direct testimony in this case and requesting that it too be given until April 30, 2018 to file its testimony in this proceeding (April 4th Comments). In its April 4th Comments, NextEra indicated that it would be willing to respond to data requests relating to its testimony within 7 calendar days. April 4, 2018 Comments at 2. Procedural Order 2 Docket No. 2017-00232 On April 4, 2018, the Conservation Law Foundation (CLF) filed comments in support of the Generator Intervenors’ March 29th Motion and asserting that each of the Late-Filed intervenors should be permitted to file direct testimony in this case on or before April 30, 2018. 1 On April 4, 2018, Central Maine Power Company (CMP) filed an objection to the Generator Intervenors’ March 29th Motion, RENEW’s April 4th Motion, and NextEra’s April 4th Comments, all of which request that the deadline for the filing of direct testimony by the Late-Filed Intervenors be extended from April 10, 2018 to April 30, 2018 (April 4th Objection). In its April 4th Objection, CMP opposes the Late-Filed Intervenors’ proposed amendment of the schedule because the proposed extension (1) would unfairly compress the case into a shorter period of time; (2) is inconsistent with the principle of “taking the case as one finds it;” and (3) is not necessary because the Late-Filed Intervenors have already had ample time to hire consultants and prepare testimony for submission in this case. April 4 Objection at 1. A technical conference was held in this case on April 5, 2018 (April 5th Conference). During the April 5th Conference, the Examiners orally granted the LateFiled Petitioners’ request to extend the deadline for the filing of direct testimony from April 10, 2018 to April 30, 2018. Tr. at 3-4. The scheduling implications of the Examiners’ decision are discussed in Part II below. On March 29, 2018, Acadia Center submitted a late-filed Petition to Intervene in this case. During the April 5th Conference, the Examiners granted Acadia Center’s Petition. Id. at 3. During the April 5th Conference, the Examiners also stated that the deadline for Acadia Center filing direct testimony in this proceeding is April 30, 2018. Id. at 4. On April 11, 2018, the Commission received a late-filed Petition to Intervene in this proceeding from Friends of Maine Mountains (FMM). By Procedural Order – Granting Late-Filed Petitions to Intervene issued on April 27, 2018, the Examiners granted intervenor status to FMM. The April 30, 2018 deadline for the filing of LateFiled Intervenor testimony will also apply to FMM. II. SCHEDULE During the April 5th Conference, the parties discussed the process for the remainder of this case. Following the announcement of the Examiners’ decision to grant the Late-Filed Intervenors’ request to extend the deadline for their filing of direct testimony, CMP argued for accelerated discovery on that testimony. Tr. at 4, 162-163. CMP asserted that, until it has had a chance to review the incoming testimony, and 1 In its April 4th comments, CLF notes that Acadia Center submitted a late-filed Petition to Intervene on March 29, 2018 and that if Acadia Center is granted intervenor status, Acadia Center should also be allowed to file testimony on or before April 30, 2018 in this proceeding. CLF Comments at 2, fn. 2. Procedural Order 3 Docket No. 2017-00232 conduct discovery on that testimony, it will not be able to determine if a rebuttal phase in this case is necessary. CMP stated that it would file data requests shortly after the testimony is filed and that data responses should be due 7 days thereafter. Id. at 162. The Examiners agree with the discovery schedule proposed by CMP. This discovery schedule is consistent with NextEra’s representation in its April 4th Comments that it would be willing to respond to data requests relating to its testimony within 7 calendar days. April 4, 2018 Comments at 2. The Examiners adopt the schedule set forth below. Following the submission of data responses on May 14, 2018, the parties are invited to file comments regarding the need for a rebuttal phase in this proceeding. Any such comments should be filed on or before May 18, 2018 and comments proposing the adoption of a rebuttal phase should include a proposed schedule for the incorporation of such a phase. Late-filed Intervenor Testimony April 30, 2018 Data Requests on Late-filed Intervenor Testimony May 7, 2018 Data Responses on Late-filed Intervenor Testimony May 14, 2018 Comments on Need for Rebuttal Phase May 18, 2018 Bench Analysis (BA) May 18, 2018 Data requests on BA May 25, 2018 Data responses on BA June 8, 2018 Technical conference on BA June 14, 2018 Responses to ODRs from technical conference June 21, 2018 Settlement conferences June 27 and 28, 2018 Case/technical conference July 5, 2018 Hearings August 6, 7, and 8, 2018 Briefs August 16, 2018 Reply Briefs August 23, 2018 Procedural Order 4 Examiners’ Report September 11, 2018 Exceptions September 18, 2018 III. Docket No. 2017-00232 SCOPE OF ISSUES ADDRESSED IN BENCH ANALYSIS The above schedule provides that certain late-filed intervenors may file direct testimony by April 30, 2018, that data responses relating to that testimony are due May 14, 2018, and that the Staff will submit a Bench Analysis on May 18, 2018. This sequence of events means that the Bench Analysis submitted on May 18th will not address issues raised in the testimony which is due on April 30, 2018. As discussed above, the parties are invited to, on or before May 18, 2018, file comments regarding the need for a rebuttal phase in this proceeding. In those comments, parties are also invited to address the need for, and timing of, a supplemental Bench Analysis that responds to issues raised in testimony submitted by the late-filed intervenors in this proceeding. Dated at Hallowell, Maine, this 27th day of April, 2018. BY ORDER OF THE HEARING EXAMINERS _____/s/ Chris Simpson_____ Chris Simpson /s/ Mitchell Tannenbaum Mitchell Tannenbaum