Order 15730 - Prov. Gas Co.: Motion of Noram Energy to Intervene

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

ORDER DENYING MOTION OF NORAM ENERGY MANAGEMENT, INC., FOR LEAVE TO INTERVENE AND LIMITED REQUEST FOR REHEARING

On September 30, 1998, NorAm Energy Management, Inc., d/b/a NEM Energy Management, Inc. ("NEM") filed a Motion for Leave to Intervene and Limited Request for Rehearing in the above-referenced proceeding. The motion asserted that NEM, as a marketer of natural gas in Providence Gas Company's service territory, would be affected by the outcome of the proceeding and further, that NEM could "contribute to the development of a complete record in this case as well as any settlement discussions."  [1 Motion at p.2]  On October 19, 1998 Aurora Natural Gas, L.L.C. filed an objection to NEM's late Motion to Intervene and Request for Rehearing. Providence Gas Company also filed a statement in support of NEM's motion.  [2 See Providence Gas Company's October 23, 1998 reply to the Answer of Aurora Natural Gas, L.L.C.]

The Division has considered NEM's request and the arguments of parties in this docket and has determined that NEM has failed to show good cause for late intervention in this proceeding. Most notably, NEM's intervention request was filed approximately ten months after Aurora's complaint was referred to the Division of Public Utilities and more than five months after the closure of the evidentiary record in this proceeding. In its motion, NEM concedes it had knowledge concerning the nature and scope of the issues raised in Aurora's original complaint, which include the issue of whether it was appropriate for Providence Gas Company to allow the use of non-dedicated phone lines for FT-1 customers, as well as an assertion by Aurora that Providence Gas Company's waiver of the tariff requirement for operational telemetry was illegal.

The Division also takes notice of the fact that the investigation and resolution of Aurora's complaint resulted in extensive discovery and numerous evidentiary hearings, which concluded with a set briefing schedule.  [3 Initial briefs were filed on April 28, 1998, and reply briefs on June 1, 1998.]  The Division concurs with Aurora's assertion that to the extent NEM was affected by these proceedings, it had more than five months to intervene and actively participate. Given that the interests of NEM have been represented through the participation of PGC and PES (to the extent that both PES and NEM offer FT-1 service), NEM will not materially advance the development of the record in this matter, which has been adequately developed by the parties to the proceeding. The Division specifically notes that many of the arguments for rehearing advanced by NEM in its Motion for Reconsideration have primarily been addressed by the operation of the Division's decision in this matter or through Providence Gas Company's subsequent compliance measures which have already been approved by the Division.  [4 Many of NEM's concerns have been addressed by Providence Gas Company's subsequent compliance procedures for FT-1 customers. Contrary to NEM's assertions, such customers may continue to utilize non-dedicated phone lines for telemetry requirements within reasonable constraints that were required and approved by the Division.]

For the foregoing reasons, it is Ordered (15730)

NEM's Motion For Leave To Intervene and Limited Request for Rehearing is denied.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS 12th day of November 1998.