DR 98-058 Wilton Telephone Company Overearnings Order Approving Procedural Schedule O R D E R N O. 22,960 June 23, 1998 On April 20, 1998 the New Hampshire Public Utilities Commission (Commission) issued an Order of Notice pursuant to RSA 365:5 and 378:7 opening an investigation into the level of earnings of Wilton Telephone Company (Wilton). The Order of Notice scheduled a prehearing conference for May 27, 1998 to address the issue of temporary rates, to consider motions to intervene, and to establish a procedural schedule. By letter dated May 18, 1998, the Commission postponed the hearing on temporary rates to June 19, 1998. At the duly noticed Prehearing Conference on May 27, 1998, there were no intervenors. Wilton, the Office of the Consumer Advocate (OCA), and the Commission Staff (Staff) agreed upon the following procedural schedule: Staff Audit July 15 - August 12,1998 Staff Data Requests August 7, 1998 Company Data Responses August 25, 1998 Staff Testimony September 16, 1998 Company Data Requests September 30, 1998 Staff Data Responses October 14, 1998 Settlement Discussions October 21, 1998 (10:00 a.m.) Company Testimony November 4, 1998 Staff Data Requests November 10, 1998 Company Data Responses November 18, 1998 Settlement Discussions November 23, 1998 Stipulation, if any, to Commissioners December 2, 1998 Hearings December 15-16, 1998 Also at the prehearing conference, in accordance with the Order of Notice, the parties and Staff stated their initial positions. Wilton agreed that it is in a position of overearning but opposed temporary rates. Wilton expressed its willingness to negotiate a settlement and belief that the above lengthy procedural schedule would not be needed. The OCA asserted that Wilton is earning 50% more than its allowed rate of return. The OCA proposed to set temporary rates at current levels if the Company was willing to use its overearnings to eliminate any increase in rates which might otherwise result from the introduction of EAS in its territory. Otherwise, the OCA would recommend the Commission order an immediate reduction in rates. Staff asserted that overearnings exist and recommended that temporary rates be set at current levels, noting that rates would ultimately be trued up or down appropriate at the conclusion of the permanent rate case. We find the stipulated procedural schedule is reasonable and just. We encourage Staff and the parties to work together to reach an agreement resolving the issues raised. Based upon the foregoing, it is hereby ORDERED, that the procedural schedule stipulated to by the parties and Staff is adopted to govern our investigation in this proceeding. By order of the Public Utilities Commission of New Hampshire this twenty-third day of June, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Claire D. DiCicco Assistant Secretary