DR 98-059 Hollis Telephone Company Overearnings Order Approving Procedural Schedule O R D E R N O. 22,961 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 Hollis Telephone Company (Hollis). 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 to govern the Commission's investigation into the reasonableness of Hollis's earnings. 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. Hollis, 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. Hollis agreed that it is in a position of overearning and proposed that current rates should be set as temporary rates. Hollis further stated its belief that the above lengthy procedural schedule could be considerably shortened by working with Staff and the OCA toward a negotiated settlement. The OCA asserted that Hollis had overcharged ratepayers by about $293,000 in revenue and $180,000 in net earnings in 1997. Therefore, the OCA recommended that temporary rates should be reduced to the level of the Company's overearnings in keeping with the Staff's recommended methodology. Staff stated that significant overearnings exist and recommended that the Commission set temporary rates below current levels. Staff suggested temporary rates which would reduce Hollis' revenues by 19%, an amount which would decrease the rate of return to the Hollis' authorized rate of return. Staff asserted that the Commission's investigation and audit will answer questions regarding Hollis' accounting for its decision to enter the toll market as it affects the company's earnings. Staff's position is that the company's entry into the toll market, which may have improved its overearnings position, benefitted only certain target customers rather than the entire customer base which created the overearnings position. We find the stipulated procedural schedule just and reasonable. We encourage Staff and the parties to work together to reach resolution of the disputed issues, if possible. Based upon the foregoing, it is hereby ORDERED, that the procedural schedule outlined above 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