GENERAL54897

• Permit No: C1984065
• IBM Index Class Name: General Documents
• Doc Date: 1/2/1991
• Doc Name: NCEC BOARD HEARING
• From: MLRD
• To: FRED BANTA
• Permit Index Doc Type: PUBLIC CORRESPONDENCE
• Media Type: D
• Archive: No

Memo to Fred Banta - 2 - January 2, 1991
A November 29, 1990, Confidential Memorandum (Attachment 51 from Frank Johnson
to Mike Savage references the need to mail out briefs to the Board and to
complete our List of Witnesses and Exhibits and Findings of Fact, Conclusions
of law and Order, prior to the December 7 pre-hearing conference. As
indicted on the copy, Mike Savage completed all tasks except #4 between
November 29, 1990 and December 5, 1990.
Item 6 of the Order to Continue Hearing allowed for any party to file written
briefs by providing eight copies to the Division, and a copy to each other
party, by December 5, 1990. Frank Johnson mailed a copy of our brief to the
other parties on November 29 and we mailed copies to the Board. NC EC's
Statement of Issues was received by the Division on December 3, 1990.
Dave Sturges indicated at the initial hearing that the Statement of Issues
also constituted NCEC's brief. Evidently this document was not mailed to the
Board, but was incorporated into the "Issues Notebook" to be entered as
evidence at the hearing. GCA's brief was received by the Division on December
7, 1990. It too was incorporated into the Issues Notebook but not mailed to
the Board prior to the December 13 Hearing.
Item 7 of the Order to Continue Hearing specified a pre-hearing conference to
be held at 1 p.m, on December 7•. Each party to the conference was to provide
eight copies of a proposed Board Order setting out Findings of Fact,
Conclusions of Law, and Order.
The meeting was held as scheduled on December 7 and lasted until approximately
6:30 that evening. The Division and GCA had copies of Findings of Fact,
Conclusions of Law, and Order at the meeting, but NCEC did not. I mailed
copies of the Division's Findings of Fact, Conclusion of Law and Order, along
with GCA's Order to the Board on the afternoon of December 7. I inadvertently
neglected to mail copies of GCA's Findings of Fact and Conclusions of Law,
which they had provided as a separate document from the Order. This fact was
not discovered until the conclusion of the meeting, when it was too late to
mail.
During the course of the conference, it was discovered that the Conference
Officer, Board member Dennis Donald had not received copies of GCA's brief or
NCEC's Statement of Issues prior to the conference. Mike Savage indicated
that he recalled having those documents copied for mailing and that Dennis
should have received copies. Dennis stated that the documents were probably
in his in-box which he had not yet checked. As it turned out, the documents
were not mailed to Mr. Donald or the other Board Members and what Mike Savage
recalled was evidently copying associated with the Issues Notebooks.
Bill, Mike and I met with Frank Johnson the following Monday, December 10, but
the focus of our meeting was planning our Board presentation and arguments and
we did not follow up to make sure all the necessary mailings had indeed been
done. I completely forgot about the GCA Findings of Fact and Conclusions of
Law document which had not been mailed with their Order the previous Friday.