Discussion

It is concluded that ORA and TURN have not justified striking Answers 17 to 25 of James Kahan's Rebuttal Testimony which describe the National Synergy Model. Although ORA and TURN remain unsatisfied with the nature and extent of information about the model that was made available prior to the mailing of the Kahan testimony, their dissatisfaction does not rise to a level warranting the striking of the Kahan testimony. ORA and TURN are free to raise issues over the adequacies of Applicants' discovery responses and subsequent showing in the Kahan testimony in arguing as to any negative inferences that they believe should be drawn, and how evidence should be weighed or interpreted. In the interests of a complete record, however, the Kahan testimony shall not be stricken.