01/08/2013 1:30 PM
The parties are directed to file verified answers to the questions contained in the attached memorandum with the Office of the Chief Clerk of the Commission within seven (7) days of service. ///As you know, there is a pending motion by Staff requesting that the Commission close the investigation into the Nunda Utility Company in the above-captioned matter. After a review of the record and Staff’s motion, it does not appear that there has been any resolution to the issues identified in either the Commission’s October 17, 2012 Initiating Order or in Staff’s September 19, 2012 Report on Investigation. I am forwarding questions for the parties, with the hope that such questions would allow us to more thoroughly explore and evaluate the merits of Staff’s motion. I would like both parties to answer all questions within seven days of service.
Below are my questions for both parties, Staff and Nunda Utility Co. My expectation is that all parties’ responses will be thorough, detailed, truthful, and accompanied by a sworn verification.\\\1. The sworn and notarized affidavit filed on October 18, 2012 states, in part, the following:
[O]n October 18, 2012 a copy of the order of the Illinois Commerce Commission dated October 17, 2012 in Docket No. 12-0570 (Illinois Commerce Commission -vs- Nunda Utility Co.) was served electronically to the following parties:
Matthew J. Stahl
817 Blakley St.
Woodstock, IL 60098
Fax: (815) 338-4430
Was that order served on Mr. Stahl via electronic mail (email)? If so, what email address was used, given that none was listed in the affidavit? Do Mr. Stahl or others working at the Nunda Utility Co. (Nunda) use email?
a. Was there any contact or communication between Staff and Mr. Stahl or others working at Nunda in the days or weeks prior to the November 19, 2012 hearing at which nobody from Nunda made an appearance?
b. If so, would you describe that contact or communication?
2. Has there been any contact or communication between Staff and Mr. Stahl or others working at Nunda since the Initiating Order was issued in this case on October 17, 2012?
a. If so, would you describe that contact or communication?
3. When was the last contact or communication between Staff and Mr. Stahl or others working at Nunda, and what did it entail?