ORA's Assertion that Pacific's Supplemental Rebuttal Testimony Mischaracterizes the Statements Made by ORA's Witness
ORA moves to strike the following portions of Dr. Harris's supplemental rebuttal testimony on the grounds that Dr. Harris mischaracterizes statements made by Mr. Sanchez during the deposition:
"Mr. Sanchez agrees that the effect of the ORA recommendation 'is to have the company pay back money that it had previously made,' which would constitute retroactive ratemaking." (Supplemental Rebuttal Testimony, Answer 6, 4th paragraph, quoting the Sanchez deposition.)
"Mr. Sanchez admits that the effective purpose of the ORA recommendation is retroactive ratemaking, 'to correct for what had taken place during the audit as an incentive for the company to comply with the rules.'" (Supplemental Rebuttal Testimony, Answer 6, 5th paragraph, quoting the Sanchez deposition.)
"Mr. Sanchez has effectively admitted that ORA's recommended ratemaking adjustment would constitute retroactive ratemaking. Given that retroactive ratemaking is contrary to the ACR's criteria and Commission policy, ORA's recommendation should be rejected by the Commission." (Supplemental Rebuttal Testimony, Answer 7.)
Pacific responds that the Sanchez deposition provides a sound basis for the conclusions reached by Dr. Harris in his supplemental rebuttal testimony.
ORA's motion to strike is denied. The meaning of Mr. Sanchez's statements during the deposition is a factual issue that should be decided after the parties have had an opportunity to develop the record via evidentiary hearings and to present arguments in their post-hearing briefs that reflect the evidentiary record.
Therefore, IT IS RULED that the motion filed by the Office of Ratepayer Advocates to strike portions of the Supplemental Rebuttal Testimony of Dr. Robert G. Harris on Behalf of Pacific Bell is denied.
Dated March 14, 2002, at San Francisco, California.
/s/ TIMOTHY KENNEY
Timothy Kenney
Administrative Law Judge
CERTIFICATE OF SERVICE
I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Denying ORA's Motion to Strike Portions of Pacific Bell's Supplemental Rebuttal Testimony on all parties of record in this proceeding or their attorneys of record.
Dated March 14, 2002, at San Francisco, California.
/s/ TERESITA C. GALLARDO
Teresita C. Gallardo
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
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