UPDATE ! ! PUBLIC UTILITIES COMMISSION (PUC)
January 21,2011
Re: DE 10-195, Public Service Company of New Hampshire Petition for Approval of Power Purchase Agreement between PSNH and Laidlaw Berlin BioPower, LLC
To the Parties:
On January 21,2011, the City ofBerlin filed a motion requesting that the Commission designate Commission Staff member George McCluskey as a staff advocate. Also on January 21,2011, Concord Steam Corporation (Concord Steam) filed a notice of withdrawal of its petition to intervene.
The motion to designate alleges that in view of the "strong positions" taken by Mr. McCluskey in his pre-filed testimony on behalf of Staff, the City of Berlin feels that he will be unable to "fairly and neutrally" advise the Commission in this proceeding and should be designated as a staff advocate pursuant to RSA 363 :32, 1. The City of Berlin is an intervenor with full rights of participation in this docket and is therefore entitled to request designation. Based on the allegations in the motion, the Commission has determined that the standard for mandatory designation under RSA 363:32, I has not been met. Nonetheless, the Commission has determined that this is a particularly controversial case and of significant consequence within the meaning ofRSA 363:32, II and that it would enhance the public's confidence in the fundamental fairness of this proceeding to designate Mr. McCluskey as a staff advocate in this docket as a matter of discretion.
Regarding Concord Steam's notice of withdrawal, the Commission will give the parties the opportunity to address at the hearing on January 24,2011 why the Commission should not permit Concord Steam to withdraw from the docket in the same manner as Laidlaw Berlin BioPower, LLC was permitted to withdraw. See Order No. 25,171 (November 17,2011) at 5-6, which also resulted in striking the evidence provided by Laidlaw. Parties may also address why permitting Concord Steam's withdrawal would not render moot Public Service Company of New Hampshire's January 7, 2011, motion to rescind Concord Steam's intervenor status or, in the alternative, motion to strike testimony and/or motion to compel discovery from Concord Steam.
January 21,2011 Page two
Finally, the Commission will provide the opportunity for public comments pursuant to
N.H. Code Admin. Rules Puc 203.18 at the beginning ofthe hearing that commences at 9 a.m. on January 24,2011. There will also be an opportunity for public comments at the conclusion of the hearing, but commenters are advised that, for the sake of administrative efficiency, they will not be allowed to comment on both occasions.
Sincerely,
Debra A. Howland Executive Director
"You first must understand before you are understood"
