3. Procedural History

Along with its application, Bear Valley Electric filed the prepared testimony of Tracey Drabant (in three separate volumes) and David Morse, which were identified and received into evidence via ruling on August 26, 2011. The Division of Ratepayer Advocates (DRA) filed and served a protest to
Bear Valley Electric's application on July 5, 2011; however, due to an error in the caption of its filing, the protest was filed in an incorrect docket, A.11-06-001. DRA served its protest in this proceeding on July 12, 2011, along with a motion to late-file, which was granted via e-mail on July 13, 2011; however, due to a technical error, DRA's July 5, 2011 protest was never formally filed and therefore is not part of the record in this proceeding. On July 14, 2011, Bear Valley Electric submitted a reply to the protest of DRA, and on July 27, 2011, DRA formally withdrew its protest to the application; however, due to the above-mentioned technical error, neither Bear Valley Electric's reply nor DRA's withdrawal were received into the record. The failure to enter DRA's July 5, 2011 protest into the record accomplished DRA's goal of withdrawing its protest; therefore, no further action was taken by the Commission.

On August 10, 2011, Bear Valley Electric filed a Motion for Order Declaring No Hearing and Accepting Testimony Into Evidence. On August 31, 2011, assigned Administrative Law Judge (ALJ) Semcer issued a ruling granting the motion to identify and enter exhibits into evidence, but denying the motion for a declaration that hearings were not needed. A final ruling on the need for hearings is contained in this decision. On January 18, 2012, Bear Valley Electric filed a motion requesting to replace Exhibit 2, Testimony of Witness David Morse, with an updated version containing a corrected Appendix C-2. This motion is addressed below. A.11-06-002 is currently uncontested.