-: Good afternoon.
I call to order docket number 51547
case style joint report and application
Texas-New Mexico Power Company, NM Green Holdings,
and admin grid for regulatory approvals under PURA.
My name is Hunter Burkhalter.
This is a pre-hearing conference being held
on March 19, 2021,
it's being held via video conference.
If anybody's having difficulty hearing me
let me know, raise your hand or let me know
and I'll try to fix that.
There's a lot of folks on the line.
I can see you're doing a good job already.
I ask that you keep your computer muted
when you don't need to speak
just to make it easier for all of us.
Let me take appearances
and I'll just identify each party
rather than having everybody speak over each other.
So let me begin with TNMP please.
-: Good afternoon, your honor.
Carrie McGrath, Scott steams.
Seamster for Texas-New Mexico Power Company.
-: Okay.
I haven't grid in NM Green Holdings.
-: Afternoon your honor,
Andy caver and deal more
with any Keever and David Schwartz
was like them and walk-ins.
-: Let's see TIEC.
-: Afternoon, your honor.
Michael McMillan for TIEC.
-: Opuck.
Anybody here for Opuck?
-: Chris is here.
He's muted.
-: There he is.
-: Good afternoon, Judge.
I'm Chris, I come from Opuck.
-: Welcome.
City served by Tan NP.
-: Good afternoon, your honor.
This is Taylor Dennison on behalf of cities.
-: Alliance for retail markets.
-: Eric Brown for Alliance for retail markets.
-: Walmart.
-: Good afternoon, Julie Clark on behalf of Walmart.
-: Texas Energy Association for Marketers.
-: Good afternoon, your honor.
Stephanie Culver on behalf of TEAM.
-: And Commission staff.
-: Good afternoon, your honor.
Crane McMurry and Eleanor Denver Rosio
hearing on behalf of Commission staff.
-: Welcome to you all.
Thanks for making yourself available.
Have I missed anybody?
Is there any party who needs to make an appearance?
Who I haven't called on?
-: Okay.
I saw your filing.
Congratulations on your unanimous settlement,
we'll talk about that in a little bit.
I don't believe there's any other pending motions,
anything that needs my attention to this time.
Does anybody disagree with that?
-: No, sir.
We're now aware of pending motions.
-: I'm assuming in spite of the fact that you will
you still want to admit your exhibits.
You have the unit of a settlement,
but I assume you're willing to proceed
with the admission of your exhibits.
-: Yes your honor, please.
-: Okay. Well let's do that.
I'll just call on each party
and allow the attorney to move for admission of
of his or her exhibit.
So let's start with TNMP.
-: Your Honor, I don't have my exhibit list in front of me
but TNMP is offering the STM application,
the direct testimony of four witnesses
Neil Walker, Henry Monroe,
Stacy Whitehurst
and rebuttal testimony
of Henry Monroe, Stacy Whitehurst and Hilary Lampson.
-: All right. Thank you.
So I have your list here
and it looks like it's exhibit...
It's TNMP exhibits one
through seven, seven, eight, and eight and nine.
Is there any objection to the admission of those exhibits?
-: They are all admitted.
-: Okay.
Avangrid.
-: Your honor, we offer Avangrid exhibits one through six
exhibit a to the application,
the STM application
the direct and rebuttal testimony of Mr. Zagara,
the director and rebuttal testimony of Mr.Com
and the rebuttal testimony of John Reed.
-: Thank you.
Is there any objection
to the admission of Avangrid exhibits one through six?
-: They're all admitted.
-: TIEC.
-: Your honor, I move for the admission of TIEC exhibit one
which is the direct testimony
and work papers are of Charles Griffey and exhibit 1a
which is the HSPM version of those.
-: Thank you.
Any objection to TIEC one and 1a.
They're both admitted.
Alliance for Retail Markets.
-: Your Honor ARM
moves to introduce exhibit one
which is the direct testimony of Dr. Foyer.
-: Any objection?
It's admitted.
Walmart.
Counsel for Walmart?
-: Sorry, I was still muted.
Walmart moves for admission of Walmart exhibit number one
which is the direct testimony and exhibit
of Alex Crone hour.
-: Thank you.
Any objections?
It's admitted.
Commissioner staff.
-: Yes, your honor.
Staff moves for the admission of exhibit number one
the direct testimony of David Battista,
exhibit number two direct testimony of William habits.
Exhibit number three, the direct testimony of Caroline Barry
with Arata 3A with direct testimony at Carolyn Barry
3B confidential direct testimony of Caroline Barry
and 3C the confidential work papers
to direct testimony of Carolyn Berry.
-: Thank you.
Any objections?
They're all admitted.
All right.
Have I missed anybody?
Anybody else have exhibits they're hoping to offer?
Okay.
We have less to talk about because you've settled.
I'm assuming there's no reason to proceed
to hearing next week.
Is there any reason to proceed to hearing next week?
Sounds like not.
Mr...
Let's see, who sent me the letter?
I think it was Mr. Caver.
Was it you that...
Yes, Mr. Caver, can you sort of bring me up
to speed on your settlement?
-: Sure.
Thank you, your honor.
The parties have reached agreement
on a settlement that
constitutes a revised set
of regulatory commitments.
All of those regulatory commitments have been agreed to
and the wording has been agreed too.
The only wording that we're still tweaking is the issue
that's always the last one in the queue
and that's managing the process or the delivery
of the right credits through the reps to the end users.
Staff is leading that process.
We've met once already today.
We'll meet again this afternoon.
I expect we we'll wrap that issue up.
We should be in a position hopefully Monday
to file the signed stipulation.
We've circulated
a draft order
for folks to review.
So that part of the package should be available.
-: Okay.
-: Testimony in--
Testimony we anticipate would be filed early next week.
We haven't had time
today to visit with the parties about that timing.
So if you wanna give us an opportunity to do that
while we're all gathered, we can, it's up to you.
-: So you're saying you would be offering
supplemental testimony in support of this settlement?
-: Yes, we will
-: Can I just say
Can we set a deadline for that by close,
let's say we start on a Wednesday.
Can we say by noon, Tuesday.
-: We Avangrid
can make that.
-: Let me just let y'all talk.
I don't think I need to decide.
I think we need, I think what I'm hearing and
I'm open for discussion.
I'm open for ideas
but I think what I'm hearing is it's,
I guess a unanimous settlement
but not a complete settlement.
There's still unresolved issues--
-: No, I'm sorry if I left that impression, your honor,
the process is just one that
the reps need to be sure that there's clarity
on with the TDU.
And they're just going through
the steps of assuring a common understanding
of the timing
and the process.
There's no disagreement that I know of
about how it will be done there.
They just have to develop that process
but staff may want to speak to that.
-: I have to.
-: Okay, this is Eleanor D'Ambrosio for permission staff.
I think and we may need to discuss this
but I think the guidance that we need from your Honor
at this point is in terms of timing,
due to the fact that there is a statutory deadline
for approval of this application.
When is it most advantageous for you
to receive a full final settlement package that is filed
that includes a stipulation and settlement testimony
in support of that stipulation and settlement,
and a proposed order?
-: I apologize if I sound Touche,
but I assume the goal here is to have a final settlement
that resolves all issues
final agreement that resolves all issues.
And therefore there's no need for the hearing next week.
We are living in tumultuous times,
so I can't speak for the Commission,
but as it sits right now
we're set to go to hearing starting Wednesday.
So I think probably I say I volunteered noon of Tuesday
but I think I'm going to rethink that
and save that close of business on Monday.
That's of course, one business day from now,
but it seemed to me,
if y'all could file what you need to file
by close business Monday,
that gives us sufficient time to react to it Tuesday
and determine whether there's any need
for a hearing to start Wednesday.
That's separate.
-: That seems reasonable, your honor.
I think certainly from the applicants concern
we can do that.
I can't speak for the other parties.
-: All right.
I was gonna swear in witnesses.
I was gonna talk to you about time a lot months
and then the protective order and so on.
I don't think I'mma do that.
I don't think it's necessary to do that.
And which means I've run out of things to talk about.
Is there anything else that we need to talk about
from anybody's perspective?
-: May I ask the question?
-: Sure.
-: You probably I need to come up to the mic.
You sit down.
-: Yes.
This is Steven with the Commission.
If we were looking at putting a settlement package together
and giving you a grade of a hundred,
can that be done if you follow it on Monday?
And if not, how many more days would you need
to be able to file something we can grade at a hundred?
-: Steven I can't imagine you couldn't give us a grade
of a hundred Monday,
but if the other parties would lock an extra day
or two,
I mean, I don't...
as a site we haven't had an opportunity
to really talk about I don't know whether
staff is
in a position to file testimony by Monday or not.
what we anticipate
the supplemental testimony
would be one witness
from Texas-New Mexico, one witness from Avangrid
and one witness from staff supporting stipulation.
Eleanor may want to speak
to her time--
-: I don't think she does but I'm gonna call on her anyway.
-: It would certainly help if staff had until noon
on Tuesday (laughing)
to get the testimony finalized.
And then I would just say, from my experience,
the sort of most time consuming part
of the settlement packages is the proposed order.
And so I would suggest that if we were to delay...
if we were to delay anything else
it would be the filing of the proposed order
so that we could get a hundred on that.
-: This is my scheduled at nine on Wednesday
-: Right?
-: This is Michael McMillan for TIEC.
If I could cut in, I mean
we were scheduled to start this hearing on Wednesday
but the open meetings already scheduled
and blocked off through Friday.
So, I mean, in theory, couldn't we provide you
with the documents, give you a couple
of days where we would have otherwise been in hearing
and then approve them and finalize them on Friday?
-: Sure.
-: I'm sorry.
Finalizing you mean you finalize them
and file them on Friday?
-: No, we finalize and file on,
say Wednesday morning--
-: You mean at the Commission you finalize on Friday.
-: Yes, If the intention was for us to get documents
and have y'all finalize them and have Commissioner,
D'Andrea look at them on Wednesday.
If we just push that to Friday,
that that buys us some time.
We understand that that's ambitious,
but we were thinking
about the possibility of getting an order signed
during the notice hearing next week,
if that's achievable.
-: Well, right now in this imaginary world
everything's achievable.
But if you want to be a little more practical about it
I wouldn't bet much money on next week
but it's difficult to tell you all a single thing
because it is difficult to have a conversation
with our Commission or ours
depending on what time of day it is.
And which day of the week.
(laughing)
-: Understood.
We might take this off your plate
by getting assigned during the notice hearing.
But I do understand that's ambitious.
-: And so I think there's a good possibility
that this is gonna be evaluated by
new people.
Which is why I'm asking
about something that we can give you a hundred to.
I think that
if we get new Commissioners this afternoon or on Monday,
they're gonna be real green
and they're gonna need a really clean package to look at
if we try and do this.
And you're all aware that this is still...
I don't know if we're getting Commissioners
on Monday or Tuesday or next week at all.
And so it's difficult to give you much certainty here.
Schedule wise,
we are scheduled for a hearing on Wednesday.
We all know that
and I'm not sure how much of the $60 scotch
I'll have to drink before I'm willing to decide
to cancel a Commissioner's hearing
without being authorized to do so.
-: Steven,
I appreciate the uncertainty.
If the Governor were to make an appointment tonight
the Senate still needs to confirm them
before they're able to...
to sit and act as Commissioner
-: They gotta be confirmed and they have to be trained.
to have to go through their training program
before they can act too.
Although it's pretty put together.
-: Now, if the chairman continues to serve until
his successor is confirmed, as opposed to appointed
as it said in his resignation letter, then I think the odds
of him being here next week are pretty good.
And we ought to be in a position for him to hear this
and answer any questions
that he might have on Friday.
I think Michael's right.
We have the opportunity
since the time's already saved on his calendar
to make the present patient to him on Friday.
It's because of the uncertainty
that I think we ought to try and hit that date.
Now, you know we might move heaven and earth
and get there and something else happens
and he's not hearing him and we have to reschedule,
but if there's an opportunity
as somebody said get this off his plate
and off of your plate
we really ought to try and do it, I think.
-: So what if we say right now
that we're shooting for noon on Tuesday
but we are continuing to make efforts to, I mean
this is not the only matter that is sitting on the
the apex of our pyramid of power over here
(laughing)
Our pyramid of no power that we're trying to figure out
can we move it or not?
And just leave it with that, I'll tell you this
it might be, if there is certainty one way or another one
one certainty would be, it's just not going to happen.
And we would let you know
and then if we need to give more time next week we could,
our other certainty is yes, we're gonna do it
on Wednesday or Thursday or Friday
with the current chairman or with our new chairman,
whoever that might be.
I see that event
to be improbable.
-: I agree with that
-: But if they're a glutton for punishment,
we can spend 48 hours straight with the fire hose
in their mouth and we can put a lot of water in them.
(laughing)
So I don't know, does that sound right now?
This is go for Tuesday noon and understanding
that events are gonna transpire sometime
that may make that
a not important deadline.
-: And so Steven, what you're thinking then is
that we would file the package at noon Tuesday
and then at nine o'clock on Friday morning
subject to you calling and telling us, nevermind.
Nine o'clock on Friday morning, we would expect to
to gather
and try to process the...
the settlement at that point.
Is that what you're thinking?
-: I'm sort of thinking y'all fall at noon on Tuesday
and then we will, at some point tell you
whether we're gonna convene on Wednesday at nine
and how often we send something out to y'all.
At some point, we're gonna have to decide
whether Wednesday's doable or not
and either pull the plug or not,
which then moves us to Thursday.
And then at some point
we'd have to tell you what's gonna happen on Thursday.
And at some point there, we gotta pull the plug.
And then that leaves us with Friday.
Or it may be that something transpires
and we can tell you early on
before all we'll pull all three plugs at once and just go
okay, we've got a new train on the tracks
and we're gonna start a new schedule here.
I'm just kinda thinking all the permutations
even though some of them, I'm just thinking,
are autistic or are near they're so improbable
they're really kind of stupid to even think about
but I don't feel like I can just sit here
and make decisions to cancel your hearing
or tell you it's gonna convene on Friday, either way.
Because as soon as someone walks in the door who's in charge
we're gonna have to sit down and explain it to them.
And they're gonna have to tell us what they want.
So I don't think I have anything better to offer
at this point.
-: Okay.
-: Maybe I could give you to one.
(laughing)
-: Okay, so then the parties
are ordered to file
their agreement package
which would be supplemental testimony motion
to admit that sub supplemental testimony.
And it sounds like a proposed order by noon on Tuesday.
I'm not gonna issue an order memorializing that
cause it just told you on the record.
And as Stephen said,
as we know more we will endeavor to share it with you
as fast as we can
and we'll work our way through next week.
Is there anything else we need to discuss?
Thank you all very much for making yourselves available.
Have a great weekend, we are adjourned.