Centerpoint Energy Gas Transmission Company
Sixth Revised Volume No. 1
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Effective Date: 02/28/2003, Docket: RP03-239-000, Status: Effective
Original Sheet No. 509 Original Sheet No. 509 : Effective
GENERAL TERMS AND CONDITIONS
(continued)
thereafter. Within seven (7) Days after receiving the
Challenger's responses, Transporter shall serve any
follow up data requests to which the Challenger shall
respond within an additional seven (7) Days. Within
forty-five (45) Days after its receipt of the
Challenger's responses to its follow-up data requests
or, if no follow-up data requests are served,
forty-five (45) Days after responses would have been
due pursuant to the above-described schedule,
Transporter shall file its rebuttal case in chief
regarding prudence with the Commission. The Chief
Administrative Law Judge, or any other Administrative
Law Judge whom the Chief Administrative Law Judge from
time to time may designate during the term of the
Recovery Period, shall oversee and resolve any
disputes arising out of this discovery process. If
such disputes arise, the ALJ designated to resolve
such disputes shall be permitted to modify the
schedule otherwise provided herein as may be
appropriate and reasonable to accommodate the hearing
and resolution of such disputes, provided, however,
that in making such modifications the ALJ shall be
guided by the desire for expedition reflected by these
procedures.
(d) Hearing: Once each person has filed its respective
case in chief, the trial on the issue of prudence
shall proceed in accordance with the procedural
schedule established by the Presiding Administrative
Law Judge. Because Transporter has agreed to absorb
25% of its CSC "up front", a presumption of prudence
shall attach to all CSC for which Transporter is
seeking recovery. Accordingly, any person challenging
prudence will bear the ultimate burden of persuasion
in order to demonstrate that any CSC incurred by
Transporter and for which it has sought recovery were
imprudent.