BEFORE THE CORPORATION COMMISSION OF OKLAHOMA MAR 232015

FILED
BEFORE THE CORPORATION COMMISSION OF OKLAHOMA MAR 232015

IN THE MATTER OF THE APPLICATION OF COURT CLERKS OFFICE - OKC
OKLAHOMA GAS AND ELECTRIC COMPANY ) I ION COMMISSION
FOR COMMISSION AUTHORIZATION OF A
PLAN TO COMPLY WITH THE FEDERAL CLEAN ) OF OKLAHOMA
AIR ACT AND COST RECOVERY; AND FOR
APPROVAL OF THE MUSTANG MODERNIZATION CAUSE NO.
AND COST RECOVERY PUD 201400229

REPORT OF THE ADMINISTRATIVE LAW JUDGE ON A CONTINUAN

On March 19, 2014, Administrative Law Judge Ben Jackson
heard the motion in 301 Jim Thorpe Building, Oklahoma City,
Oklahoma. At the hearing, the following attorneys appeared:
Kimber L. Shoop, Patrick Shore, Stephanie Houle, William J.
Dullard and Charles C. Read for Oklahoma Gas and Electric Company
(OG&E''); Cheryl Vaught, Jon W. Laasch, and Scot Conner for
Oklahoma Energy Results, LLC (OER''); Thomas P. Schroedter, D.
Kenyon Williams, Jr. and Jennifer H. Castillo for the Oklahoma
Industrial Energy Consumers (OIEC''); Rick D. Chamberlain for
Wal-Mart Stores East, LP and Sam's East, Inc. (WalmartT) ;
Ronald E. Stakem and Jack G. Clark, Jr. for the OG&E Shareholders

Association (OSA''); Jacquelyn Dill, Susan Laureigh Williams

and Kristin A. Henry for the Sierra Club (Sierra Club''); Lee

Paden for the Quality of Service Coalition (QSC''); William L.

Humes, Marc Edwards, Jim A. Roth and Dominic D. Williams for the

Wind Coalition, Oklahoma Cogeneration LLC., and Oklahoma Hospital

Association (collectively Wind Coalition''); Deborah R.

Thompson for the American Association of Retired Persons

(AARP''); Kendall W. Parrish for AES Shady Point, LLC (AES'');

Assistant Attorneys General Jerry J. Sanger, Tessa Hager and

Erick W. Harris for Oklahoma Attorney General Scott Pruitt; and

Cause No. PUD 201400229
ALJ Report on Continuance
Page 2 of 3

Senior Attorney Natasha M. Scott, Senior Attorney for the

Commission's Public Utility Division (PUD'')

Being fully advised of the premises, the ALJ recommends a

continuance until April 7, 2014, for the testimony of PUD's

consultant Dr. Craig R. Roach, Ph.D., who will be the last

witness at the hearing on the merits and is scheduled to testify

on March 24, 2015. On March 19, 2015, the Commission's Senior

Attorney Natasha Scott announced that Dr. Roach could not appear

before April 7, 2014, because of a back injury. Ms. Scott

offered to present Dr. Roach by telephone or Webcam. In

response, Kimber L. Shoop for OG&E asked to cross-examine Dr.

Roach at Dr. Roach's office in Washington, D.C. Ms. Scott

objected to Mr. Shoop's proposal. Under OAC 165:5-5-1-9(b),

telephonic testimony in a contested case requires consent of all

parties and the AU. Here, the parties disagree. Therefore, the
ALJ cannot authorize telephonic or Webcam testimony.
Nevertheless, there is good cause to continue the hearing two
weeks because of the unavailability of Dr. Roach. As a result,
the ALJ recommends granting the continuance under OAC 165:5-1-

9(a)

Respectfully submitted,

Be6 Jackso 3/J
Administratv Law Judge
Date

Cause No. PUD 201400229
ALJ Report on Continuance
Page 3 of 3

Xc:
Commissioner Anthony
Commissioner Murphy
Commissioner Hiett
Joseph Briley
Teryl Williams
Nicole
Kimber Shoop
Natasha Scott
Cheryl Vaught
Jerry J. Sanger
Thomas P. Schroedter
Rick D. Chamberlain
Ronald E. Stakem
Jacquelyn Dill
Lee Paden
William L. Flumes
Deborah R. Thompson
Kendall W. Parrish
Michael Decker
Court Clerk
Commission records