Allyson,

Thank you for the update.

Is not having the CPCN an absolute bar to beginning construction?  What are 
the risks?

Thanks,

Kay




"Duncan, Allyson" <aduncan@kilstock.com> on 07/25/2000 08:49:04 AM
To: "'Mann Kay'" <Kay.Mann@enron.com>, "'Keenan Jeffrey'" 
<Jeffrey.M.Keenan@enron.com>, "'Chapman Tom'" <tom.chapman@enron.com>
cc: "'Mellencamp Lisa'" <lisa.mellencamp@enron.com>, "'Kroll Heather'" 
<Heather.Kroll@enron.com>, "Fine, Jonathan" <JFine@kilstock.com> 

Subject: CPCN Update

Sami Salib of the Public Staff is drafting the agenda item that will go on
the Commission's Open Agenda Conference for approval to establish the
procedural schedule for the CPCN application (intervention dates, intervenor
testimony, rebuttal testimony, etc).  Although he wanted to schedule the
evidentiary hearing for the last week in September, the Commisssion's
calendar is currently full.  So he has tentatively scheduled it for Monday,
October 2.  The problem with that is that it makes it virtually impossible
to meet the November 1 construction date if the Commission allows the
customary 30 days after the hearing in which to file briefs and proposed
orders.  I urged Sami to please see if he could calendar the hearing for the
third week in September.  

One of the things that ENA will have to do is to have notice published in
newspapers in the Rocky Mount area for several consecutive weeks prior to
the hearing so that affected persons will have an opportunity to comment.  I
am trying to get Sami to place the draft agenda item and procedural schedule
on the Commission's July 31 Open Agenda Conference so that the notices can
start to run August 7.  That action, along with scheduling the hearing for
the third week in September, will make it far more likely than not that the
CPCN will issue before November 1.  

Failing that, we can work with the Public Staff to shorten the period within
which to file briefs and proposed orders after the hearing to three or
preferably two weeks.  It will not be difficult to do that if there are no
intervenors, or if the intervenors do not object.

Sami has promised to let me know by tomorrow when the agenda item will go
before the Commission, and the dates in the procedural schedule.  Please
call me if you have questions.  Thanks.
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