00:05 - >>WELL YOU ARE A BULK ORDER.

00:07 - THE HONORABLE PRESIDENT JUDGE

00:08 - MARY HANNAH LEAVITT PRESIDED.

00:14 - WELCOME CLEARER ON WEALTH OR.

00:17 - >>ARE ALL THAT RICK PERRY, A

00:19 - TOWN HALL ON. WELL WHERE ARE

00:23 - COOL OR

00:24 - ON ARGUMENT. IT OR NOT THE LAW.

00:28 - 30 MINUTES.

00:30 - YEAH HE MET HER.

00:35 - 3 RD THAT WISH TO MAKE THE

00:38 - ARGUMENT FOR THE RESPONDENT.

00:40 - >>EACH OF THOSE 3 PARTY WILL BE

00:42 - A TIME BY THE NECK.

00:44 - THE PETITIONER.

00:47 - POINT ENERGY.

00:50 - A RIVER BOTTOM OF THE 5TH HE

00:52 - MET FOR REBUTTAL. WE'VE

00:55 - READ DEBRIS.

00:57 - BUT TIME WILL GO QUICKLY EVEN

00:59 - IN THIS NEW FORMAT. SO I URGE

01:01 - YOU TO GET TO

01:02 - YOU'RE THE POINT JUST AS

01:04 - QUICKLY AS POSSIBLE

01:05 - AND WITH THAT WE CALL NUMBER 53

01:08 - WHICH AIR BLUE POINT ENERGY

01:10 - VERSUS PUBLIC UTILITY

01:11 - COMMISSION.

01:16 - >>LORD IN YOUR IT PLEASE

01:18 - THE COURT. MY NAME IS KAREN

01:20 - MAORI AND I REPRESENT BLUE

01:22 - PILOT ENERGY LLC MAY I PLEASE

01:25 - RESERVE 2 MINUTES FOR REVIVAL.

01:30 - THIS

01:30 - APPEAL INVOLVED. I'M

01:32 - REGULATED PRICES. CHARTS FINAL

01:35 - ELECTRIC

01:36 - GENERATION SUPPLIER. PURSUANT

01:38 - TO PRIVATE CONTRACTS WITH

01:40 - CONSUMERS IN A COMPETITIVE

01:43 - RETAIL ELECTRIC MARKET. AND THE

01:46 - ORDERS BELOW. HERE YOU SEE

01:49 - COMMITTED REVERSIBLE ERRORS.

01:52 - WHEN IT EXCEEDED ITS STATUTORY

01:54 - AUTHORITY. WHY INTER PRETTY

01:57 - PRIVATE CONTRACTS BETWEEN BLUE

02:00 - PILOT AND

02:01 - ITS CUSTOMERS DETERMINING THAT

02:03 - A BREACH HAD OCCURRED.

02:06 - ESTABLISHING A PRICE. THE BLUE

02:08 - PILOT SHOULD HAVE CHARGED ITS

02:10 - CUSTOMERS. AND A WARNING

02:13 - DAMAGES TO BLUE PILOTS

02:14 - CUSTOMERS IN THE FORM OF

02:16 - REFUNDS. THE

02:18 - PC ALSO EXCEEDED ITS STATUTORY

02:21 - AUTHORITY. WHEN IT AND TO THE

02:23 - CATEDRAL WAS A TEXTBOOK CLASS

02:26 - ACTION LAWSUIT. THAT SHOULD

02:28 - HAVE BEEN FILED WITH A COURT OF

02:30 - COMPETENT JURISDICTION BASED

02:32 - UPON THESE REVERSIBLE ERRORS.

02:34 - LOU PILOT RESPECTFULLY REQUEST

02:37 - THAT THIS COURT REVERSED THE

02:38 - PCS ORDERS.

02:41 - WELL THE FIRST REVERSIBLE ERROR

02:43 - RELATING TO.

02:46 - INTERPRETATION OF

02:47 - PRIVATE CONTRACTS. THE PC HAS

02:49 - EXPLICITLY RECOGNIZED IN PRIOR

02:52 - PROCEEDINGS THAT IT MAY NOT

02:54 - INTERPRET PRIVATE CONTRACT

02:56 - BETWEEN SUPPLIERS AND THEIR

02:58 - CUSTOMERS THAT MAY NOT

03:00 - DETERMINE WHETHER BREACHES

03:02 - OCCURRED AND IT MAY NOT SET THE

03:04 - AGS AS PRICES COME.

03:16 - >>DOES

03:16 - LOU POINT. THIS IS THE FACT

03:19 - THAT IT CHARGES DURING THE

03:21 - POLAR VORTEX HE DID

03:24 - AMOUNT THEY DID IN THE

03:26 - DISCLOSURE STATEMENT.

03:30 - >>AND YOUR

03:30 - HONOR BLUE PILOT DOES TO SPEAK

03:32 - OUT BECAUSE NO PRICES WERE

03:34 - SET FOR IN THE DISCLOSURE.

03:36 - STAY IN THE

03:36 - DISCLOSURE STATEMENT. BLUE

03:38 - PILOT WAS CHARGING UNBEARABLE

03:40 - PRICES WHICH ARE REQUIRED TO BE

03:42 - SPECIFIED IN THE CONTRACT BUT

03:44 - RATHER NEED TO HAVE THE

03:46 - VARIABLE PRICING METHODOLOGY

03:49 - SPELLED OUT. SO THAT'S WHY

03:50 - WE'RE SAYING THAT THE PC

03:52 - UNLAWFULLY INTERPRETED A

03:54 - PRIVATE CONTRACT BECAUSE IT

03:55 - COULDN'T JUST LOOK AT THE AT A

03:58 - PRICE IN THE DISCLOSURE

03:59 - STATEMENT AND

03:59 - SAID THIS BUT LOOK PAST HIS

04:01 - OLDER BROTHER HAD TO LOOK AT

04:03 - THE TERMS OF THE CONTRACT WHICH

04:05 - SAID THAT THE PRICE

04:07 - COULD VARY AND THEY STUCK ON

04:09 - SEVERAL FACTORS, INCLUDING

04:11 - WHOLESALE ENERGY PRICES AND

04:14 - WHOLESALE MARKET CONDITIONS.

04:16 - SO THAT THE ONLY WAY THAT THE

04:17 - PC COULD MAKE THE DETERMINATION

04:19 - THAT IT SAYS IT WAS MAKING

04:21 - AS TO WHETHER THE PILOTS PRICES

04:24 - CONFORMS THE TO THE DISCLOSURE

04:25 - STATEMENT WAS TO INTERPRET

04:27 - THOSE TEARS AND HAD TO DECIDE

04:29 - WHAT ARE THE SEVERAL FACTORS

04:31 - THIS TO ME BASED ON WHAT OR THE

04:33 - WHOLESALE MARKET. ENERGY

04:35 - CONDITIONS WHERE THE WHOLESALE

04:37 - MARKET ENERGY PRICES.

04:42 - RIGHT.

04:44 - >>THANK YOU.

04:47 - >>THIS WAS BASED A LOT ON THE

04:49 - DISCLOSURE STATEMENT WHICH YOU

04:50 - SAY WAS PART OF THE CONTRACT.

04:52 - IF WE DON'T SEE YOU AS PART OF

04:54 - THE CONTRACT. AND IT MAKES

04:56 - STATEMENTS ABOUT CUSTOMERS

04:58 - EXPERIENCING VARIABLE RATES BUT

05:00 - WILL BE IN ACCORD WITH

05:01 - WHOLESALE PRICES AND BASED ON

05:03 - THE RECORD. I THINK YOU ARE AT

05:06 - 39% WHEN THE WHOLESALE PRICES

05:08 - ROUTE 7 TO 9%.

05:10 - SO WHY IN THAT INSTANCE

05:13 - WOULDN'T IT. THE PSC

05:14 - HAVE JURISDICTION TO REVIEW THE

05:17 - DISCLOSURE STATEMENT AS BEING

05:19 - SEPARATE AND APART. THE

05:21 - CONTRACT WHICH NOT EVEN ALL

05:23 - HERE.

05:25 - USERS I GUESS SIGNED THE

05:27 - CONTRACT.

05:30 - >>YOUR HONOR

05:31 - THE DISCLOSURE STATEMENT AND

05:32 - THE CONTRACTOR ONE IN THE SAME

05:33 - THAT IS THE

05:34 - DISCLOSURE STATEMENT IN THE

05:36 - ELECTRIC MARKET IS A CONTRACT

05:38 - BETWEEN THE SUPPLIER AND ITS

05:40 - CUSTOMER. WE WOULD SUBMIT THAT

05:43 - IF THIS WERE A

05:43 - SITUATION WHERE BLUE PILOT HAD

05:46 - BEEN CHARGING UNDER THE

05:47 - CONTRACT SAIC ITS PRICE OF

05:49 - $0.10 PER KILOWATT HOUR.

05:51 - AND AND IN REALITY CHARGE

05:54 - $0.15 PER KILOWATT-HOUR THAT'S

05:56 - A DIFFERENT SITUATION BECAUSE

05:57 - IT DOESN'T REQUIRE THE

05:59 - COMMISSION TO INTERPRET THE

06:00 - CONTRACT. HERE THEY HAVE THE

06:02 - COMMISSION HAVE TO LOOK AT

06:04 - THOSE TERMS IN THE CONTRACT.

06:06 - THOSE WHOLESALE MARKET

06:07 - CONDITIONS AND HAD ANALYZED.

06:09 - THOSE WHOLESALE MARKET

06:10 - CONDITIONS IN ORDER TO

06:12 - DETERMINE WHETHER BLUE PILOTS

06:14 - PRICES AND FORMS OF THEM

06:16 - AND THAT'S FRANKLY ARE WHAT

06:18 - FEDERAL COURTS ARE DOING ACROSS

06:19 - THE COUNTRY.

06:20 - EVERY DAY THEY'RE DOING THE

06:22 - EXACT SAME ANALYSIS. BUT THE PC

06:24 - ENGAGED IN. IN

06:26 - THIS CASE AND THE THIEVES HIM.

06:29 - AND CERTAINLY. ERGO I'M GETTING

06:35 - A LOT OF ECHO. THANK

06:39 - YOUR POINT IS

06:40 - VERY SIMPLY

06:42 - THAT AND THAT AFTER 54 P YOU

06:45 - SEE REGULATIONS. BP YOU SEE

06:47 - CAN'T ENFORCE 55.4.

06:53 - WHEN THE DISCLAIMER IS A

06:56 - VARIABLE PRICE. WHAT IT DOESN'T

06:58 - HAVE A SPECIFIC PRICE THAT YOUR

07:00 - ARGUMENT CRACKED.

07:08 - >>YES YOUR HONOR THAT'S WHAT

07:09 - WE'RE SAYING AND THAT'S BECAUSE

07:11 - THE THE VERY NATURE OF THAT

07:13 - TYPE OF

07:13 - CONTRACT REQUIRES

07:15 - INTERPRETATION AND THAT IS JUST

07:17 - BEING BEYOND THE SCOPE OF THE

07:19 - PCS AUTHORITY AND IT DOESN'T

07:21 - EVEN HAVE ANY EXPERIENCE IN IN

07:24 - INTERPRETING CONTRACTS OR

07:25 - LOOKING AT WHOLESALE MARKET

07:27 - CONDITIONS TO SEE HOW THAT

07:28 - SHOULD TRANSLATE IN THE RETAIL

07:30 - PRICES THAT'S WHY THIS EXERCISE

07:32 - HAS BEEN LEFT TO THE COURTS.

07:35 - >>ISLAM.

07:37 - WHAT LANGUAGE IN THAT

07:38 - REGULATION THAT ARE WE SUPPOSED

07:40 - TO USE TO SUPPORT OR BOLSTER

07:43 - YOUR CONSTRUCTION.

07:46 - THE GOOD

07:47 - THE LANGUAGE OF 55.4

07:50 - 4.4 TDS PRICE'S BUILD MUCH

07:52 - REFLECT THE MARKET PRICES AND

07:54 - THE AGREED UPON PRICE OF THE

07:56 - CLAIM

07:56 - OR STATEMENT. YOUR IS YOUR

07:58 - INTERPRETATION THAT LANGUAGE

07:59 - MEANING PRICES MEAN AN ACTUAL

08:01 - DOLLAR NUMBER AND

08:02 - CAN'T BE.

08:04 - >>THEY VARIABLE THAT HAVE TO BE

08:06 - A CONCRETE NUMBER THAT IS YOUR

08:08 - UNDERSTANDING OF THE INTENT OF

08:09 - THE PC IN DRAFTING THAT

08:11 - REGULATION.

08:13 - >>AND YOUR HONOR REGARDLESS OF

08:14 - WHAT THE PIE-EESE INTENT MAY OR

08:16 - MAY NOT HAVE BEEN THE GENERAL

08:18 - ASSEMBLY HAS NOT GIVEN THE PC.

08:21 - AUTHORITY TO INTERPRET

08:23 - CONTRACTS AND THE ONLY

08:25 - THE ONLY WAY THAT THAT

08:27 - PARTICULAR REGULATION CAN COME

08:29 - INTO PLAY IN OUR VIEW IS

08:31 - IF THE CONTRACT HAS A SPECIFIC

08:34 - PRICE IN

08:35 - WHEN IT HAS A VARIABLE PRICING

08:37 - METHODOLOGY IN IT THAT HAS TO

08:39 - BE INTERPRETED AND THAT NEEDS

08:41 - TO GO TO A COURT OF

08:42 - COMPETENT JURISDICTION.

08:46 - >>AGAIN. GO AHEAD,

08:48 - JEFF ROBSON.

08:49 - >>THAT'S OK MY MY FINAL LINE OF

08:51 - QUESTIONING HIM OUT AND BUY HIM

08:53 - OUT. WE DID IS I JUST WANT TO

08:55 - UNDERSTAND THEN IF WE'RE TO

08:57 - ASSUME THOUGH THAT THIS

09:00 - THAT THE LANGUAGE CHOSEN

09:02 - BY THE PCN 54 POINT KOREAN

09:05 - EXTEND TO VARIABLE

09:07 - PRICING CONTRACTS AND THEREFORE

09:09 - THE PC HAS HAPPENED

09:10 - BY REGULATION GIVEN THEMSELVES

09:13 - THE AUTHORITY TO ENFORCE

09:15 - VARIABLE PRICING CONTRACTS AND

09:17 - DISCLAIMERS HAVE YOU LIVED A

09:19 - CHALLENGE TO THE VALIDITY OF

09:21 - THIS REGULATION.

09:26 - >>YOUR HONOR WE DID BELOW

09:27 - CHALLENGE THE REGULATION ITSELF

09:30 - FOR BEING THEY WE HAVE NOT

09:32 - PURSUED THAT THAT ISSUE ON

09:34 - APPEAL AND FURTHER, I WOULD

09:36 - JUST GO BACK TO THE POINT THAT

09:37 - THE PC CAN'T

09:38 - GIVE ITSELF AUTHORITY EVEN

09:40 - UNDER A REGULATION TO DO THINGS

09:42 - THAT THE GENERAL ASSEMBLY HAS

09:44 - WITHHELD FROM THERE.

09:50 - >>YEAH WE CONCLUDE THAT

09:51 - THE REGULATION IS IMPORTANT OF

09:54 - ALL.

09:57 - HOW IS THAT ENFORCEABLE I

09:59 - UNDERSTAND

09:59 - YOUR POINT THAT THERE'S NO

10:01 - GRAPH AUTHORITY GIVEN TO THE

10:03 - PSTA ORDER REFUND.

10:07 - IN

10:07 - THAT CIRCUMSTANCE. THE WAY YOU

10:09 - CAN ORDER REFUND WHEN VARIAN

10:13 - FROM THE APPROVED ERA.

10:18 - COULD YOU BE IMPOSED ON AN E

10:22 - G A OR VIOLATING. A REGULATION

10:26 - THAT WE FIND IS.

10:29 - IF

10:30 - WITHIN ITS AUTHORITY THAT'S A

10:32 - KOREA OR.

10:34 - >>IS THERE ANYTHING SHORT OF

10:35 - LIFE REVOCATION THERE I YES

10:38 - YOUR HONOR

10:39 - PZ HAS FULL AUTHORITY UNDER THE

10:41 - PUBLIC

10:42 - UTILITY CODE UNDER SECTION 33

10:44 - OH ONE TO IMPOSE CIVIL

10:45 - PENALTIES. THAT PARTICULAR

10:48 - SECTION OF

10:48 - THE CODE GIVES THE PCN

10:50 - AUTHORITY NOT JUST TO IMPOSE

10:52 - CIVIL PENALTIES ON PUBLIC

10:54 - UTILITIES. BUT ANY OTHER

10:56 - ENTITIES THAT ARE REGULATED

10:57 - BY IT AND THAT REALLY GOES TO

11:00 - OUR SECOND REVERSIBLE ERROR

11:02 - WHICH IS THAT

11:03 - THE PC HAS NO STATUTORY

11:05 - AUTHORITY TO REQUIRE SUPPLIERS.

11:08 - THE ISSUE REFUNDS TO CUSTOMERS.

11:10 - >>AND IN FACT

11:10 - BEFORE HIM. IT IS BEFORE YOU

11:13 - GET ON TO YOUR NEXT IS YOU

11:15 - BASED ON YOUR INTERPRETATION.

11:18 - IT APPEARS THAT SO LONG AS THE

11:20 - SUPPLIER DOESN'T PUT ANY PRICE

11:22 - IN THE DISCLOSURE STATEMENT.

11:24 - THEN THE COMPANY CAN DO

11:25 - WHATEVER DESIRES AND THE PC WHO

11:27 - HAS THE EXPERTISE IN THIS AREA.

11:30 - IT DOESN'T HAVE ANY AUTHORITY

11:31 - TO IN ESSENCE. PROCEED

11:34 - IN THE THE PURPOSE OF

11:36 - THE PC AND ENSURING THAT THE

11:38 - RATES ARE FAIR AND THAT THE

11:39 - CUSTOMERS ARE PROTECTED.

11:45 - >>YOUR HONOR A FEW A FEW

11:46 - RESPONSES TO THAT.

11:48 - SUPPLIER CAN'T DO ANYTHING IT

11:50 - WANTS THEM. IT WAS A FIRE

11:52 - CHOOSES TO PUT NO PRICE IN ITS

11:54 - CONTRACT BECAUSE IT

11:55 - WANTS TO RESERVE THE RIGHT TO

11:57 - BURY THAT PRICE ON MY BIKE

11:59 - RACES AND CONSUMERS DON'T HAVE

12:00 - TO SELECT A CONTRACT. IF IF

12:04 - IF THEY IF THE CUSTOMER WANTS

12:06 - TO KNOW WHAT THE PRICE IS AND

12:08 - WANTS TO KNOW THAT IT'S THAT

12:09 - FOR A CERTAIN PERIOD OF TIME

12:11 - THAN THEY JUST DON'T CHAIRS

12:12 - THAT SUPPLIER. IF THEY DON'T

12:13 - LIKE THE PRICES THAT THE

12:15 - SUPPLIER CHARGES LATER IN THE

12:16 - CONTRACT. PURSUANT TO THOSE

12:18 - VARIABLE TERMS. THEY CAN RETURN

12:20 - TO THE UTILITY FOR PHONE

12:21 - SERVICE OR THEY CAN CHOOSE

12:23 - ANOTHER SUPPLIER, AND BASICALLY

12:25 - THE PEAS IT DOESN'T HAVE

12:27 - EXPERTISE WHEN IT COMES TO

12:29 - ANALYZING WHOLESALE

12:30 - MARKET CONDITIONS. THE PC

12:32 - REGULATES UTILITIES AND

12:34 - RETAIL MARKETS, NOT WHOLESALE

12:36 - MARKET CONDITIONS THAT'S WHAT

12:37 - THE FEDERAL COURTS STEP.

12:42 - >>ALL RIGHT, MET

12:48 - BECAUSE THERE IS A REGULATION

12:50 - THAT REQUIRES THAT EGS IS

12:53 - COMPLY WITH THAT.

12:55 - RATES JUST THEY'RE IN THEIR

12:57 - DISCLOSURE STATEMENT.

12:59 - YOU DON'T HAVE SPECIFIC RATES

13:01 - THAT YOU HAVE LANGUAGE

13:02 - THAT SAYS CHANGES IN WHOLESALE

13:04 - ENERGY MARKET PRICES IN THE PJM

13:06 - MARKETS.

13:09 - SO THAT PIECE A LOOKS AT

13:11 - THAT LANGUAGE AND THEN LOOKS AT

13:12 - THE RATES AGAIN TO PJM MARKET

13:15 - SCHOOL WHICH WERE DRASTICALLY

13:18 - DIFFERENT.

13:21 - 79%. ARIE VARIABLES THAT

13:24 - TIME PERIOD COMPARED TO

13:26 - 39%. SO JUST ON THAT BASIS

13:30 - LOANS, YOU'RE DISCLOSURE IN

13:32 - YOUR DISCLOSURE STATEMENT WAS

13:33 - THAT RATES WOULD DAYBELL WOULD

13:36 - COMPLY WITH THE PGA MARKET

13:38 - WHICH DO YOU SEE ANY SOME THEY

13:41 - DID NOT. DID YOU

13:44 - PUT ANYTHING ON THE RECORD AT

13:45 - ALL AS TO HOW YOU TRY. AND YEAH

13:49 - YOU'RE DOING RACE.

13:50 - THE CUSTOMERS WHICH IS THE PC

13:52 - SAID THERE WAS NOTHING.

13:57 - >>THAT'S CORRECT ON OR BLUE

13:58 - PILOT DID NOT PUT. EVIDENCE IN

14:01 - THE RECORD TO SHOW HOW ITS

14:03 - WERE CALCULATED. AGAIN WE WOULD

14:06 - JUST GO BACK TO THE POINT THAT

14:07 - WHOLESALE MARKET CONDITIONS

14:09 - NEED TO BE ANALYZED THEY NEED

14:10 - TO

14:10 - BE INTERPRETED TO DETERMINE

14:12 - RETAIL PRICES AND IN FACT WHEN

14:14 - FEDERAL COURTS GET INTO THAT

14:16 - TRAP INTERPRETATION. THEY HAVE

14:18 - EVEN SAID

14:19 - THAT E WHEN YOU'RE LOOKING AT

14:21 - WHOLESALE MARKET CONDITION

14:22 - LANGUAGE IN THE CONTRACT THAT

14:24 - DOESN'T MEAN THAT ANY GIVEN

14:25 - TIME THAT THE RETAIL PRICES

14:28 - NEED TO TO BE THE SAME AS THOSE

14:30 - THAT THERE ARE SEVERAL FACTORS

14:32 - AND IN FACT.

14:33 - LOU PILOTS DISCLOSURE STATEMENT

14:34 - DID SAY THAT THERE ARE SEVERAL

14:36 - FACTORS. IT DIDN'T LIMITED TO

14:38 - JUST THOSE CURRENT WHOLESALE

14:41 - MARKET CONDITIONS. AND

14:43 - EVEN IF

14:45 - THE COMMISSION WOULD HAVE BEEN

14:47 - PROPERLY ENGAGING IN CONTRACT

14:49 - INTERPRETATION. IT WENT TOO FAR

14:52 - WHEN IT REQUIRED

14:53 - BLUE PILOT TO ISSUE REFUNDS TO

14:56 - ITS CUSTOMERS. THERE'S A LONG

14:58 - LINE OF CASE LAW

14:59 - THAT SAYS THE PCN DOES NOT HAVE

15:01 - AUTHORITY TO AWARD DAMAGES.

15:04 - THE PENNSYLVANIA SUPREME COURT

15:05 - HAS SAID THE PCS AUTHORITY IS

15:07 - QUITE BROAD VERY EXTENSIVE

15:10 - INTERPRETING AND APPLYING THE

15:11 - PUBLIC UTILITY CODE, BUT IT

15:13 - STOPPED AT A CERTAIN POINT AND

15:15 - THAT IS WHEN IT COMES TO

15:16 - AWARDING DAMAGES. THE PEWS HE

15:18 - DOESN'T DISPUTE THAT POINT WHAT

15:19 - THE PC SAYS IS THAT REFUNDS

15:22 - OR DAMAGES. BUT THAT'S EXACTLY

15:24 - WHAT THEY ARE IN A BREACH OF

15:26 - CONTRACT CASE WHERE. CONSUMERS

15:29 - CLAIMING THAT THEY WERE CHARTS

15:31 - AN INAPPROPRIATE PRICE. THEY

15:32 - WANT. THE DIFFERENCE AND THAT'S

15:33 - THEIR DAMAGES. THERE'S

15:38 - >>YOU ARE OVER YOUR TIME I

15:40 - DON'T KNOW IF YOU HEARD THE

15:41 - BEEPER I'M AFTER ANYONE

15:44 - CAN HEAR OTHER THAN THE PERSON

15:46 - TO SPEAK. YOU HAVE RESERVE.

15:50 - AMERICA AND SO I THINK

15:52 - WE LIKE NOW TO GO IS THE

15:54 - RESPONDENT AND THE ENERGY.

15:58 - >>YOU DON'T HAVE 5 MINUTES.

16:00 - MR.

16:07 - >>IT PLEASE THE COURT I MINE

16:09 - EAN IS YEAH SCREW THAT I'M HERE

16:11 - ON OUT AND EAT IT ALL WELL THE

16:13 - MISSION.

16:16 - RECOVERS ALL

16:17 - THE ISSUES THAT'S WHAT WE'RE

16:19 - ASKING FOLKS ON YOUR SHOES.

16:22 - AND THE LEADERS OF LEVER ON TV.

16:25 - EITHER LEGAL OR E YOU ARE.

16:32 - SHE HAS IT MISSIONS GENERAL

16:34 - ALREADY REGULATES AYERS AND

16:37 - ALSO DIRECTLY. ALSO GOING TO

16:40 - USE US TO LOSE RIGHT

16:42 - IT'S IT'S AND IT'S SO OUT.

16:46 - SHE'S DECISION IN THIS IS WHO I

16:50 - WE DO NOT VIOLATE THE

16:51 - CONSTITUTIONAL RIGHTS ERA LAW.

16:55 - OUR ORDERS ON ICE.

16:58 - THE MISSION HAS A LITTLE WORK

17:01 - AND THERE. SHE EITHER ONE.

17:03 - WHAT'S WORSE THE SUMMER.

17:05 - TIONS YOU MUCH. FISHING.

17:08 - SHE WAS READING I LES TIONS E.

17:13 - I DID CHECK THE 28 E BUT

17:16 - OPPOSITION ACT MISSIONS WITH

17:22 - AND SOME PARENTS ARE ART OR TO

17:25 - THE REGULATIONS. I SERVICES,

17:28 - NOT ALL OF THEM.

17:30 - >>YOU.

17:31 - >>AGREE

17:32 - HOWEVER, THAT'S A REGULATORY

17:35 - SCHEME FOR UTILITY WHICH

17:37 - OPERATE ON A MONOPOLY BASIN.

17:40 - IS QUITE DIFFERENT.

17:42 - >>AND SEE.

17:45 - BY WHICH YOU REGULATE BLUE

17:47 - PILOT ANOTHER YES. THEY'RE BOTH

17:51 - ME A LIGHTER REGULATORY HAND

17:53 - AND MORE EMPLOYED BY

17:56 - THE MARKETPLACE. IN THE CASE OF

17:59 - AND ALTERNATIVE ENERGY IRE.

18:02 - >>WELL WHAT WE WE DON'T

18:03 - REGULATE RIGHT. HE I ASK IN

18:06 - CHARGE, WHATEVER THEY WANT.

18:09 - >>NOW I UNDERSTAND THAT.

18:11 - I HEAR YOU AND VOTE 5 OH ONE

18:13 - WHICH WAS REALLY. AND HANDED

18:19 - OR THE REGULATION OF THE

18:21 - MONOPOLY UTILITY AS OPPOSED TO

18:24 - AND ELECTRIC SERVICE FOR RIDER

18:27 - THAT

18:27 - OPERATING ANDERSON LICENSING

18:30 - AND REGULATION BUT ALSO UNDER

18:33 - THE. TERMS OF

18:35 - THE MARKET IS THAT NOT

18:38 - CORRECT OPPOSITION.

18:39 - >>WELL UTILITIES OR EXCUSE ME A

18:41 - LETTER GENERATIONS I WAS NOT

18:43 - UNTIL IT SO I'M I

18:46 - 5 OH ONE NOW REGULATE

18:49 - AND SUPERVISE

18:51 - TORIES THAN. I I I

18:54 - ARE NOT OTHER SOME SECTIONS

18:57 - TALK ABOUT. YOU KNOW COMMISSION

19:02 - ALREADY ANDERSON I DON'T

19:03 - WANT TO OR SO I JUST

19:06 - RAN OUT. SCHUMER SHE'S MUCH

19:09 - FISHING.

19:10 - WELL, IT'S INVOLVED IN THERE

19:12 - AND OTHER PROVISIONS IN THE

19:14 - HOLE IT MAY NOT YOU KNOW ALL OF

19:18 - THE LOOP. I'M JUST HERE WE'RE

19:20 - INVOLVED IN GENERATIONS.

19:25 - CHAPTER 28. I.

19:28 - YES WITH A WHOLE RESTRUCTURING

19:31 - WE LEFT. WELL, YES E

19:35 - IT SECOND

19:36 - THEY ARE

19:37 - ON SOME HIGHER TEMPS STILL

19:38 - ABOVE THE GEISHA NUNS WERE

19:40 - FIRED ON REGULATIONS AND

19:42 - PROVIDE A SERVICE. THAT'S

19:45 - CONSISTENT IN THE PUBLIC

19:46 - INTEREST. AND

19:49 - SO I.

19:49 - >>WE AGREE, BUT I UNDERSTAND

19:52 - THAT YOU'RE RUNNING OUT OF TIME

19:54 - AND I'D LIKE TO GET TO A REALLY

19:56 - CRITICAL POINT AND THAT IS THE

19:58 - PUBLIC UTILITY COMMISSION I'VE

19:59 - BEEN GIVEN

20:00 - CRASH AFTER TORY AUTHORITY

20:02 - OR REFUND WHERE A PUBLIC

20:05 - UTILITY.

20:07 - VIOLATE THE APPROVED CARE.

20:10 - WHY.

20:12 - IS THERE. NO GRAPHIC GORY OR A

20:15 - PUBLIC UTILITY MISSION.

20:17 - ORDER REFUND IN A CASE WHERE AN

20:20 - EASY A. FINALLY IT. THE

20:23 - CLOSURE.

20:26 - >>WELL I WOULD SAY THAT'S IT

20:28 - IT'S NOT NECESSARY. ICE.

20:31 - >>E.

20:33 - >>YEAH WELL YOU ACTUALLY NEED

20:35 - 5 OH ONE.

20:36 - >>THEY'RE TO ORDER REEF ON

20:38 - WHETHER THE UTILITY.

20:39 - >>AND THE EXPRESS AUTHORITY AND

20:41 - THE PUBLIC UTILITY COATED ON

20:43 - THAT.

20:44 - >>WELL I MEAN IF I MEAN THE

20:45 - FINAL WANT WE NEED CHAT ON THE

20:48 - 8.

20:51 - I'M ON.

20:52 - >>IT IS.

20:55 - A MISSION ON AUTHORITIES

20:57 - TO CARRY OUT THE PROVISIONS.

20:59 - ALL ELECTRIC COMPETITION.

21:01 - AN ELECTION COMMISSION. WE HAVE

21:03 - REGULATIONS. THAT ADDRESS

21:07 - CUSTOMER IN NATION. AND WE

21:10 - HAVE RULES. HAVE TO BE CAN I.

21:14 - AND SO SINCE

21:17 - 1312 DEALS WITH ON

21:19 - ALL THESE.

21:21 - AND YOU YOU CHILL AND THE

21:23 - GENERATIONS I WAS NOT HOME,

21:25 - LEAST WE'VE GOT NEW YORK

21:28 - STACHE.

21:33 - IS THAT.

21:39 - IS SUCH THAT YOU

21:41 - HAVE TO I CARRY OUT THE

21:43 - PROVISIONS OUT E.

21:48 - THE

21:48 - NUMERATOR PROVISIONS IN CHECK

21:50 - WHEN YOU.

21:55 - >>YEAH YOU'RE

21:55 - AT THE END OF YOUR TIME IF YOU

21:57 - COULD JUST WIND UP PLAYING.

22:03 - >>WE'RE NOT ADDRESSING

22:04 - REGULATING THE ARTS. VARIABLE

22:06 - RATES. OR WHAT WE

22:08 - DID HERE IS THAT

22:10 - WE REST AT THE SCENE OF THE

22:12 - RECORDS

22:12 - OF PATIENTS AND PERCENT I KNEW

22:15 - I WAS SHE FOUND OUT SO

22:19 - SHE'S NOT. ICE CUSTOMERS OF ANY

22:21 - OF THE ACTS AND AN AIDE

22:24 - WORKERS DECISION. I CANNOT

22:27 - I E LANE'S US TO MURDERS.

22:30 - ALL WOULD BE CHOPPED

22:33 - AND E REFUNDS.

22:37 - >>THIS.

22:39 - THE DIFFERENCE BETWEEN ICE

22:40 - THERE

22:40 - I CHARGE. AND U.S. AIR RAID

22:44 - JUST RECEIVED OR SWITCH.

22:47 - I MEAN SHE FOUND THAT YOU KNOW

22:49 - YOU JUST THIS AYERS OVER BILLS.

22:52 - I CHARGE.

22:54 - WITHIN THE MISSION IS SET

22:55 - TO RUN. OUR LEADER I WANT AREA

22:58 - THAT SUPER PACS

23:00 - 28 YES, HE'S SO.

23:04 - >>AND I THINK

23:08 - YOU GRABBED THE

23:09 - TIME AND I I UNDERSTAND WHY

23:11 - YOU'RE WELL OVER TIME.

23:13 - THANK YOU. I THINK WE

23:14 - UNDERSTAND YOUR POSITION.

23:17 - NEXT WE'RE GOING TO HEAR FROM

23:19 - MISTER ABLE. THE ATTORNEY

23:21 - GENERAL OFF.

23:24 - >>GOOD MORNING, YOUR HONOR MAY

23:25 - PLEASE THE COURT MY NAME IS

23:26 - JOHN IT WAS GENERAL A

23:29 - JOINT HERE WITH A CALL SO FOR

23:31 - THE KILLER BEER, THE CONSUMER

23:33 - ADVOCATE I WILL TRY TO BE AS

23:34 - BRIEF AS POSSIBLE AND SAVE THE

23:35 - CHILD. THE MISSION WILL COST

23:37 - YOU I WANT TO ADDRESS THE

23:39 - AUTHORITY OF THE ATTORNEY

23:40 - GENERAL TO OBTAIN THE RELEASE

23:42 - THAT WAS ORDERED IN

23:42 - THIS CASE. AGAIN A COLD WAR TAX

23:45 - CASE WILL BE TREATED OVER OFF

23:47 - PEOPLE'S CELLS IS COMPLICIT IN

23:49 - MEN. A COUPLE OR AGAINST LUKE

23:51 - WHILE BUSH THOSE CASES SO WE

23:53 - TOOK THIS CASE, WE'RE HEARING

23:55 - 147 FINDINGS

23:56 - OF FACT ULTIMATELY FOUND

23:58 - WIDESPREAD MISLEADING AND

23:59 - DECEPTIVE CONDUCT. THE

24:01 - BUSINESS. THEY WERE OF 2.5

24:04 - MILLION REFUND OR AT LEAST THE

24:05 - MOBILE BASIS FOR A CHINESE

24:07 - GENERAL TO SEE

24:08 - THIS REALLY. THE CHIEF LAW

24:10 - OFFICER OR THE CULTURE HE SHOT

24:12 - HIS TEACHER ATTORNEY GENERAL

24:13 - THAT SHOUT REPRESENT ON WELL

24:16 - AND THEY INTERVENED IN ANY

24:17 - OTHER ACTION AND PROBABLY WHICH

24:19 - WAS TO POUR IN THIS CASE, YOUR

24:20 - HONORS

24:21 - IS THAT YOU MAKE YOUR WAY TIONS

24:24 - THAT BLUE ALL OVER EACH YESES

24:26 - OPERATE UNDER ESPECIALLY

24:28 - REQUIRE COMPLIANCE. CONSUMER

24:31 - PROTECTION WALL AND THAT WHOLE

24:33 - AND ACTUALLY GOT THAT WHOLE

24:35 - WORKER REGISTRATION. SO IN A

24:37 - NUMBER OF CONSIDERATIONS,

24:38 - ESPECIALLY WIRE IN IOWA TO

24:40 - OPERATE THE RULES OF THE ROAD.

24:42 - ALL THOSE PROTECTION LAWS.

24:44 - IT IS.

24:46 - >>WELL LET ME ASK YOU

24:46 - THIS QUESTION. HOOD, THE

24:48 - ATTORNEY GENERAL NOT HAVE A

24:50 - MEME AN ACTION AGAIN, LOU

24:52 - PILOT. UNDER THE.

24:56 - AND 2 MORE PROTECTION AND

24:57 - UNFAIR TRADE PRACTICE.

24:59 - >>YEAH AS YOU RIGHTLY THIS

25:01 - OFFICE COULD GO TO THE COURT OF

25:02 - COMMON PLEAS AS HIS POWER HE

25:03 - SAID I IT'S TRACY THANK YOU.

25:07 - >>YEAH, YOU THINK YOU COULD

25:09 - HAVE. YES, YES TRAFFIC. YES,

25:11 - IT'S SO SO I THINK ULTIMATELY

25:13 - WHAT YOU KNOW

25:14 - THE REASON WHY WE FIGHT IN THE

25:16 - PRC OBVIOUSLY WE'RE CONCERNED

25:18 - ABOUT PRIMARY JURISDICTION.

25:19 - >>AND THEN THERE WAS A WHOLE

25:20 - HOST OF REGULATIONS HERE

25:22 - SHOULDN'T WE ALL HAVE A FUTURE

25:24 - ATTORNEY GENERAL. THERE'S JUST

25:25 - ONE PROTECTION LAWS WHICH AGAIN

25:28 - IT'S THIS OFFICE HAS

25:29 - THE DUTY AND THE AUTHORITY TO

25:31 - ENFORCE THOSE DIGITAL

25:32 - PROJECTION WAS MISTER ABLE

25:34 - MISTER BARR YOU ARE YOU SAYING

25:36 - THAT WOULD END THE AGENCY

25:38 - PROBABLY ANY REGULATIONS.

25:40 - >>THAT HAD AND TOUCH ON THE

25:42 - SUMMER PROTECTION, THE ATTORNEY

25:44 - GENERAL AND AUTOMATICALLY

25:46 - PROSECUTED. THE VIOLATION OF

25:48 - THOSE REGULATIONS BEFORE THAT

25:49 - AGENCY.

25:51 - >>WELL IT

25:52 - CERTAINLY ARE IN THIS INSTANCE

25:54 - 80'S WERE VERY NUMBER OF THIS

25:56 - REGULATION OR REQUIRED.

26:00 - >>OH NO I UNDERSTAND THAT

26:01 - BUT EVERY PRACTICALLY EVERY

26:03 - REGULATION PROMULGATED BY EVERY

26:04 - AGENCY HAS A CONSUMER

26:05 - PROTECTION ASPECT

26:06 - OF IT. THE THAT THE INSURANCE

26:09 - DEPARTMENT HAS BEEN IF IT WAS

26:12 - DRESSED TO UNFAIR INSURANCE

26:13 - PRACTICES, I'VE NEVER SEEN THE

26:15 - ATTORNEY GENERAL A PROCEEDING

26:16 - BEFORE THE INSURANCE

26:17 - COMMISSIONER. SO WHY ALL THE

26:19 - SUN OR THE ATTORNEY GENERAL NOW

26:22 - TAKING THE VIEW THAT

26:24 - IF ANY SUBSTANTIVE AREA

26:27 - REGULATION COMMITTED TO ANOTHER

26:29 - AGENCY COMMONWEALTH AGENCY AS

26:32 - OPPOSED TO

26:32 - THE COURT. INVOLVED CONSUMER

26:35 - PROTECTION, THE ATTORNEY

26:36 - GENERAL HAS THE

26:37 - AUTHORITY TO PROSECUTING THE

26:40 - VIOLATION OF THOSE REGULATIONS

26:42 - IN FRONT OF THAT AGENCY.

26:45 - >>WELL AGAIN WE COULD SEE

26:48 - SURE IN THE COURT OF COMMON

26:49 - PLEAS,

26:50 - 8, 8, IT'S CALLED THE TRACED

26:52 - HIS OFFICE TO REPRESENT THE

26:54 - COMMONWEALTH AND ADDITIONAL

26:56 - BASES, SURE I THINK

26:58 - IT WAS A COMMISSION WAS CORRECT

26:59 - WHEN THEY RECOGNIZE THE DOCTOR

27:00 - LOOKED FRESH PATRIA UNDER

27:02 - TATTOO THAT SAYS OFFICE I WAS

27:05 - 8.

27:06 - ALL EMPOWER THE AUTHORITIES

27:08 - ACTED DO NEED TO PROTECT THE

27:09 - CITIZENRY AND THE COMMISSION

27:11 - WAS INCORRECT PATRY UNDER THE

27:12 - CONSUMER PROTECTION LAW I MEAN

27:14 - IT IS APPARENT HATCHERY A

27:15 - LIMITED IT DOESN'T ALLOW YOU TO

27:18 - TO JUMP IT YOU HAVE TO STILL

27:19 - HAVE A STATUTORY CORK AND TAP

27:21 - PHARMACEUTICAL WHAT THE

27:22 - CONSUMER

27:22 - PROTECTION LAW.

27:24 - >>IT WAS IT WAS ANY INDICATION

27:25 - PROTECTION LAW IS IN PLAY HERE

27:27 - YOUR HONOR BECAUSE OF THE

27:29 - REGULATIONS CELLS. SO THERE'S

27:31 - NO PLACE YOU CAN WATCH A CLAIM

27:32 - A UPC HAS NO JURISDICTION TO

27:35 - ADJUDICATE VIOLATIONS THE

27:36 - CONSUMER PROTECTION.

27:37 - >>A STRUCTURAL.

27:39 - SO SO I HAD

27:41 - THAT THE CONSUMER PROTECTION

27:42 - LAWS, NOT QUITE AS ADEPT PLAYED

27:44 - IN THE IN THE PIECE HE HAD NO

27:45 - JURISDICTION AND WE SHOULD WIPE

27:48 - THE WHOLE THING AWAY.

27:49 - >>BUT AGAIN AND TRY TO

27:50 - UNDERSTAND WHAT YOUR POSITION

27:51 - IS IS THE ATTORNEY GENERAL'S

27:52 - POSITION THAT IF THERE'S ANY

27:54 - REGULATION

27:55 - IN PENNSYLVANIA. AND THAT

27:57 - PROMPTED BY AN AGENCY THAT

27:58 - TOUCHES ON CONSUMER PROTECTION,

28:00 - THE ATTORNEY GENERAL UNDER THE

28:01 - COMMONWEALTH

28:01 - ATTORNEY'S ACT. NOW THE

28:03 - PROSECUTOR OF VIOLATIONS OF

28:05 - THOSE REGULATIONS.

28:08 - >>WELL IT CERTAINLY ARE IN THIS

28:09 - INSTANCE AND AGAIN I

28:11 - YEAH I TAKE A LOOK AT OTHER

28:12 - OTHER OTHER REGULATORY

28:14 - FRAMEWORK IS WE WOULD SUBMIT

28:16 - THAT THERE IS A GUARD WAS AT

28:18 - THIS OFFICE TOO. ALL YOU WANT

28:20 - TO BRING IN ACTION IF SOME OF

28:22 - THAT AGENCY. I IS IMPORTANT

28:25 - KAMEL INTERESTS WHICH ARE GOOD.

28:27 - YOU KNOW IF THE OF THE

28:29 - IDEAS THAT. IT'S JUST ONE

28:30 - PROTECTION ALSO NEED TO BE

28:31 - ENFORCED.

28:32 - SECONDLY. THE SOCCER PRINCE

28:35 - PATRY A NEEDS TO BE PROTECTED

28:37 - BECAUSE HERE. IF THE COMMISSION

28:39 - IS PART OF WHY IT WAS A CAUSE I

28:41 - SAW REALLY INTERESTING PROJECTS

28:42 - ECONOMIC WELL-BEING ALL ALL OF

28:45 - THE FOLKS THAT WERE SHOPPING

28:46 - FOR ELECTRICITY IN

28:47 - PENNSYLVANIA, SO WILL BE A ONE

28:49 - SHARE MARKETPLACE, LEAST PEOPLE

28:53 - >>WE'RE ON A

28:54 - VERY TIGHT.

28:55 - TIMELINE THAT I HAVE AND YOU

28:57 - ARE OVER YOUR TIME AND WE WILL

29:00 - HEAR NEXT.

29:02 - THE CLASS.

29:05 - >>THANK YOU YOUR HONOR MAY IT

29:06 - PLEASE THE COURT MY NAME IS

29:07 - TANYA MCCLOSKEY AND I'M

29:09 - REPRESENTING THE OFFICE OFFICE

29:11 - OF CONSUMER ADVOCATE. AS

29:12 - YOU'VE HEARD. THIS CASE WAS

29:14 - BROUGHT BY MY OFFICE ALONG WITH

29:16 - THE ATTORNEY GENERAL AS TO THE

29:18 - O C A

29:20 - THE CASE WAS BROUGHT UNDER SEE

29:22 - A STATUTORY DUTY

29:23 - TO REPRESENT THE INTERESTS OF

29:25 - CONSUMERS IN THIS CASE, THE

29:27 - CONSUMERS OF

29:28 - BLUE PILOT WHO ARE AFFECTED BY

29:30 - BLUE PILOTS VIOLATIONS OF THE

29:32 - COMMISSION'S REGULATIONS AND

29:34 - THE PUBLIC UTILITY CO.

29:36 - >>MR CLARKE GET BACK INTO THE

29:38 - REPUBLICAN SURE OFFICES ON THIS

29:40 - HISTORICALLY.

29:43 - >>WHY

29:44 - >>WAS THIS DIFFERENT WHY DID

29:45 - THE OFFICE OF ATTORNEY GENERAL

29:46 - DECIDED TO RIDE WITH YOU ON THE

29:47 - SPOT.

29:48 - >>I THINK THERE ARE 2 THINGS

29:49 - THAT MADE THIS FIRST OF ALL THE

29:52 - COMMISSION'S REGULATIONS

29:54 - EXPLICITLY REQUIRE COMPLIANCE

29:56 - WITH

29:57 - CONSUMER PROTECTION LAW ON THE

29:59 - TELEMARKETER REGISTRATION LAW

30:01 - WHICH IS MORE IN THE AREA OF

30:03 - EXPERTISE OF THE ATTORNEY

30:05 - GENERAL. I THINK THE SECOND

30:06 - DISTINGUISHING FEATURE IS THAT

30:08 - THIS THE CASE

30:11 - THOUSANDS AS YOU HEARD OVER THE

30:13 - 5 CASES THAT WE BROUGHT

30:14 - INVOLVED THOUSANDS OF CONSUMER

30:16 - COMPLAINTS. THAT WERE LODGED

30:18 - BOTH WITH THE COMMISSION WITH

30:20 - OUR OFFICE AND WITH THE

30:22 - ATTORNEY GENERAL. SO I THINK

30:23 - THOSE WERE 2 DISTINGUISHING

30:25 - FEATURES THAT MADE A JOINT

30:26 - COMPLAINT.

30:28 - THE MORE EFFICIENT PROCESS FOR

30:30 - TRYING TO

30:32 - REMEDIES FOR CONSUMERS IN THIS

30:34 - INSTANCE.

30:36 - >>THAT WOULD BE CONSUMER AFRICA

30:38 - HAVE FILED AN ACTION AND.

30:41 - >>THE RECORDS ACT.

30:43 - OR A COURT OF COMMON

30:45 - PLEAS FOR YOUR ACTIONS AND ALSO

30:47 - THINK ARE CLASS REMEDY.

30:51 - >>THE

30:51 - CONSUMER ADVOCATE IS ALLOWED TO

30:53 - PARTICIPATE IN PROCEEDINGS THAT

30:55 - ARE BEFORE THE PUBLIC UTILITY

30:57 - COMMISSION. WE DO HAVE AN

30:58 - ALREADY BEFORE STATE AND WELL

31:00 - BEFORE FEDERAL AND STATE

31:02 - COURT IN MATTERS AS THEY RELATE

31:05 - TO MATTERS BEFORE THE PUBLIC

31:06 - UTILITY COMMISSION. BUT AGAIN

31:08 - THIS WAS A CASE ABOUT

31:09 - COMMISSION VIOLATIONS. SO WE

31:12 - WERE BRINGING THIS TO REMEDY

31:14 - VIOLATIONS OF THE COMMISSION'S

31:16 - REGULATIONS AND THE PUBLIC

31:17 - UTILITY CODE.

31:19 - >>YOU DIDN'T EVEN NEED THE YOU

31:20 - DIDN'T NEED THE ATTORNEY

31:21 - GENERAL'S OFFICE TO BE INVOLVED

31:23 - YOU COULD HAVE PROCEEDED ON

31:24 - YOUR OWN.

31:25 - >>WE COULD HAVE PROCEEDED ON

31:27 - OUR OWN BUT HAVING A

31:29 - JOINT COMPLAINT PROVIDED BOTH

31:31 - THE FISSION SEASON, NOT

31:33 - NECESSARILY PURSUING 2

31:34 - DIFFERENT FORUMS AND AGAIN IN

31:37 - BRINGING EXPERTISE ON THE

31:39 - SPECIFIC CONSUMER PROTECTION

31:41 - THAT FALL WITHIN THAT.

31:43 - ATTORNEY GENERALS AND BUT IN

31:45 - THAT THEY ARE REQUIRED BY THE

31:47 - REGULATIONS OF THE COMMISSION.

31:52 - >>IS I UNDERSTAND

31:53 - THE REGULATION AND THAT THERE

31:55 - WAS A VIOLATION OF THE

31:56 - REGULATION IN YOUR VIEW.

31:59 - WHAT AND THROUGH AUTHORIZED

32:01 - SAYS.

32:02 - GREAT PRACTICE ELECTRIC

32:06 - GENERATOR.

32:09 - >>THE REGULATIONS THAT ARE

32:10 - FOUND IN CHAPTER 54.

32:13 - >>I WAS IN MY

32:14 - QUIET THEM I SAW ACTION IS WHAT

32:17 - IT WAS AFTER THIS THAT HE LAY.

32:20 - >>THE

32:21 - GRADE.

32:22 - >>PRACTICE OR THE CONDUCT IN

32:24 - THE MARKETPLACE

32:25 - OF MAGIA.

32:27 - >>RIGHT THAT WOULD BE FOUND

32:29 - CHAPTER 28 AND SPECIFICALLY

32:31 - SECTION 28 '07 D THAT

32:34 - REQUIRES IT THAT THE

32:36 - INFORMATION THAT IS PROVIDED BY

32:39 - SUPPLIERS TO CONSUMERS ARE THAT

32:42 - THAT THAT INFORMATION BE

32:43 - ACCURATE. AND IT WAS FROM BACK

32:46 - REGULATIONS ARE FROM THAT I'M

32:47 - SORRY STATUTE AREA.

32:49 - >>THERE IS NO STATUTE THAT SHE

32:51 - AND HER ONLY REGULARLY MARKET

32:54 - CONDUCT OF A G A.

32:58 - >>WELL 20 THERE

33:00 - >>OR INSURANCE COMPANY

33:01 - FOR EXAMPLE. I'M ASSUMING BE

33:04 - THERE. PERHAPS NOT IS THERE

33:07 - SOMETHING IN THE PUBLIC

33:08 - UTILITY. THAT REGULATE THE

33:10 - MARKET ON DUCK

33:12 - OR THE TRADE PRACTICES OF

33:14 - REGULATED PUBLIC UTILITY.

33:16 - YEAH.

33:17 - >>REGULATED

33:18 - PUBLIC UTILITIES. I'M SORRY NOT

33:21 - OK AND HAS TO REGULATED PUBLIC

33:23 - UTILITIES THEY WOULD FALL UNDER

33:24 - 15 OH ONE WHICH IS THE QUALITY

33:27 - OF SERVICE FOR ELECTRIC

33:28 - GENERATION, SOME CASES ARE

33:30 - THERE NOW.

33:31 - >>COMPARABLE REGIME THAT WE

33:34 - FIND IN THE CONSUMER PROTECTION

33:35 - LIMEY UNFAIR INSURANCE

33:37 - PRACTICES BACK.

33:38 - >>THAT APPLIES OR 2 PUBLIC

33:40 - UTILITIES OR D E G S. THE

33:44 - LANGUAGE LIKE THAT.

33:46 - >>UNDER A CHECK

33:47 - UNDER CHAPTER 28. THERE'S NO

33:49 - SPECIFIC LANGUAGE BUT THERE WAS

33:50 - A STANDARD ESTABLISHED AND THE

33:52 - COMMISSION WAS DIRECTED

33:56 - PROBABLY

33:56 - GET REGULATIONS. SO TOO IN 4TH

33:59 - AT AND TO CARRY THAT FORWARD

34:01 - AND THAT'S THE AUTHORITY THAT

34:03 - COMMISSION WAS ACTING UNDER TO

34:04 - PROPAGATE THOSE REGULATIONS ON

34:06 - CONSUMER PROTECTION, BETTER AND

34:08 - 28 '07 AND THEN ALSO IN

34:11 - 2811.

34:12 - WE REQUIREMENTS THAT THERE BE

34:14 - NO ANTI COMPETITIVE CONDUCT IN

34:16 - THE MARKET.

34:17 - BUT AGAIN IT WAS UP TO THE

34:18 - DISCRETION HERE WAS LEFT TO THE

34:20 - COMMISSION TO PROBLEM IF THOSE

34:22 - REGULATIONS.

34:23 - >>SO THE ANTI COMPETITIVE.

34:25 - REGULATION IS AN IN.

34:31 - >>AND IN CHAPTER

34:32 - FOR ME. YEAH AND CHAPTER IN.

34:36 - >>AND THAT BIG PACIFIC LEE, THE

34:38 - ANTI COMPETITIVE

34:39 - CONDUCT.

34:40 - >>IT SPEAKS IN CHAPTER 2811 IT

34:43 - SPEAKS TO MAKING SURE THERE'S

34:45 - NO ANTI COMPETITIVE CONDUCT OF

34:47 - SOME OF THAT IS THE CONTEXT OF

34:49 - MERGERS

34:50 - AND CONSOLIDATIONS AND ALSO IN

34:52 - 28 '07 IT SPEAKS TO ALL THE

34:54 - CONSUMER PROTECTIONS. THAT ARE

34:57 - AFFORDED UNDER THE UNDER THE

34:59 - PUBLIC UTILITY CODE.

35:01 - FOR CONSUMERS IN A RETAIL

35:02 - MARKET.

35:04 - >>WHEN I SEE ONE QUESTION TO

35:06 - ADDRESS SOMETHING THAT MISTER

35:07 - WHO DISSENT. HE SAID THAT WE DO

35:09 - IN THE MID COLLECTIVE YOU IN A

35:14 - REGULARLY.

35:15 - THEY WORRY THAT WILL BRING A

35:17 - TWO-POINT WERE CHARGING.

35:20 - HOWEVER.

35:22 - I'M CONFUSED ON THE ISSUE OF

35:24 - HOW THEN DID YOU CALCULATE CALL

35:27 - IT THE AMOUNTS CALL IT DAMAGE

35:29 - IS THAT YOU WOULD THAT DO POINT

35:33 - WIN

35:33 - 4. IT WASN'T TO ESTABLISH SOME

35:36 - SORT OF GREAT THAT IN YOUR

35:38 - OPINION IN YOUR COLLECTIVE

35:40 - OPINION YOU SHOULD THEY SHOULD

35:42 - HAVE BEEN CHARGING VERSUS WHAT

35:44 - THEY WERE CHARGING. HE EVEN GOT

35:46 - A REGULATION OVER 80.

35:49 - >>I DON'T THINK CURRY

35:51 - ACCURATELY CAPTURES WHAT

35:52 - HEARD BECAUSE I THINK WE MUST

35:55 - REMEMBER THE OTHER SIDE OF THIS

35:56 - WAS AN ADVERTISING PROMOTIONAL

35:58 - SALES MATERIALS. I'M NOT JUST

36:01 - THE DISCLOSURE STATEMENT.

36:02 - BUT THE PROMOTIONAL SALES

36:04 - MATERIALS WITH THE COMMISSION

36:05 - FOUND IN THE ALJ FOUND INDUCED

36:08 - CONSUMERS TO SWITCH THEIR

36:09 - SERVICE. BASED UPON THE PROMISE

36:12 - THAT SAVINGS

36:13 - WHAT WE DID IN THIS CASE WAS WE

36:15 - PUT THE CUSTOMER BACK ON THE

36:17 - PRICE TO PAY HAIR

36:18 - WE DIDN'T. REGULATE BY TRYING

36:20 - TO DETERMINE A LEVEL OF SAVINGS

36:22 - WE PUT THEM BACK TO WHERE THEY

36:24 - WERE BEFORE THEY WERE INDUCED

36:26 - TO MAKE THAT SWITCH

36:28 - THROUGH THOSE PROMISES SAVINGS

36:30 - AT THAT WERE NOT DELIVERED AND

36:32 - THAT WERE A VIOLATION OF THE

36:33 - COMMISSION'S REGULATIONS AND

36:35 - THE PILOT HAS NOT DISPUTED THAT

36:37 - THERE WERE THOSE VIOLATIONS

36:39 - MISSIONS REGULATION.

36:42 - >>THANK YOU, I'M

36:44 - WE'RE ON A TIGHT SCHEDULE, WE

36:45 - HAVE 3 RESPONDENTS

36:47 - AND SO WE'RE GOING TO RETURN

36:52 - WHICH RIVER TO MERIT OR REPORT

36:54 - ALL.

36:59 - >>I THINK

36:59 - YOU'RE EITHER I'M GOING BACK TO

37:01 - OUR MISTER BAY DOES NOT

37:03 - ARGUMENTS ABOUT SECTION 5 AWARD

37:05 - ON BEHALF

37:05 - OF THE PC OR HE BASICALLY

37:08 - CONCEDED AS AS HE HAD TO

37:10 - DO THAT THAT THE ONLY WAY THE

37:12 - PC GETS THE AUTHORITY THAT

37:13 - EXERCISE IN THIS CASE IS

37:15 - SECTION

37:15 - 5 OH ONE. HE ALSO MENTIONS A

37:18 - CHAPTER 28 WHICH WILL TOUCH ON

37:20 - THAT

37:20 - AS WELL SECTION 5 OH ONE IN THE

37:23 - SAME WAY THAT SECTION 1312

37:25 - SPECIFIES YOU PUBLIC UTILITIES

37:27 - SECTION 5 OH ONE DOES THE SAME.

37:30 - AND JUST YESTERDAY. THE

37:32 - COMMONWEALTH COURT. IT SHOULD

37:35 - DECISION IN TOM RIDGE

37:37 - VERSUS PC. ITS NUMBER 6.70 FOR

37:41 - 2016 MAY

37:43 - 1220 20 AND ON PAGE 13 OF THE

37:45 - SLOPE OPINION THE COURT

37:47 - RECOGNIZED THAT SECTION 5 OH

37:48 - ONE. ONLY 5 INSTANCES OF PUBLIC

37:51 - UTILITIES. EVEN IN THE PAST

37:53 - THAT'S WHEN THE COURT HAS

37:54 - LOOKED AT 5 OH ONE IT HAS COME

37:56 - TO CLEAR CONCLUSION THAT YOU

37:59 - CAN ONLY AT 5, 5, OH ONE

38:00 - AUTHORITY. IF THERE'S SOMETHING

38:03 - IN THE STATUTE.

38:04 - THEY GIVE STRONG UNNECESSARY

38:06 - IMPLICATION THAT AUTHORITY.

38:08 - IN THIS CASE, THE ONLY THING

38:10 - THAT YOU SEE IS 42. IT CHAPTER

38:12 - 28. BUT AFTER 28 GOES

38:14 - COMPLETELY THE OPPOSITE

38:15 - DIRECTION OF ALLOWING.

38:19 - THE STATE COMMISSION TO DIRECT

38:21 - SAY THE ISSUANCE OF REFUNDS

38:23 - BECAUSE JOB FOR 28 IS

38:24 - FOCUSED ON GENERATION BEING

38:26 - REMOVED AS A PUBLIC UTILITY

38:28 - FUNCTION AND RELYING ON THE

38:30 - MARKET TO SET THOSE PRICES.

38:32 - SO YOU CAN'T TAKE CHAPTER 28

38:34 - AND SAY THAT IT SOMEHOW KIDS.

38:37 - THE COMMISSION FOR THE ONE

38:38 - AUTHORITY.

38:40 - ALSO AS WITH RESPECT TO THE

38:41 - ATTORNEY GENERAL. BUT THERE IS

38:44 - THE SECTION 71 IN THE PUBLIC

38:46 - UTILITY POLE SPECIFICALLY BARS,

38:48 - THE ATTORNEY GENERAL FROM BEING

38:50 - A COMPLAINT BEFORE THE

38:51 - COMMISSION EXCEPT IN ITS

38:53 - REPRESENTATION

38:54 - OF CAPACITY AS HOME FOR THE

38:56 - COMMONWEALTH HAS UTILITY

38:58 - CUSTOMER. SO THERE WAS REALLY

39:00 - NO STANDING NOT THAT THE

39:02 - ATTORNEY GENERAL EVEN HAD

39:03 - BEFORE THE PCN WELL I BELIEVE

39:05 - JUDGE COMING MADE THE

39:06 - POINT THAT THEY ARE TURNING THE

39:08 - CONSUMER ADVOCATE COULD HAVE

39:09 - COME TO THE PC ON ITS OWN.

39:11 - THAT'S FINE, BUT IT'S STILL

39:13 - EVEN EVEN

39:15 - DO THAT. CONSUMER ADVOCATE HAD

39:17 - STANDING UNDER ITS ENABLING

39:19 - STATUTE TO REPRESENT INDIVIDUAL

39:21 - CUSTOMERS IN THEIR INDIVIDUAL

39:23 - CLAIMS AGAINST FLU PILOT

39:25 - THAT STILL DIDN'T GIVE THE PC

39:27 - AUTHORITY TO ADJUDICATE WHAT

39:29 - WAS THE COST ACTUALLY LOST IT

39:31 - AND THEY HAVEN'T REALLY EVEN

39:32 - SAID THEY DON'T HAVE THAT

39:33 - JURISDICTION. WHAT THEY'VE SAID

39:35 - THAT'S NOT WHAT THIS WAS BUT IT

39:36 - WAS IS EXACTLY WHAT IT WAS

39:38 - BECAUSE

39:39 - IT INVOLVED I VERY SMALL

39:41 - SAMPLING OF 2 PILOT CUSTOMERS

39:44 - TESTIMONY ABOUT 3% AND

39:46 - ITS CUSTOMERS AND IT WAS

39:47 - ALREADY ACROSS THE BOARD REALLY

39:49 - TO ALL CUSTOMERS.

39:52 - THE TOWERING ARE AT THE END OF

39:54 - YOUR TIME I'LL LET YOU MAKE ONE

39:56 - FINAL POINT.

39:57 - >>THE ONLY OTHER FINAL POINT I

39:59 - WOULD MAKE YOUR HONOR THANK YOU

40:01 - IS JUST A

40:02 - THE COMMISSION CAN'T GET

40:04 - THROUGH REGULATIONS. LET THE

40:05 - GENERAL ASSEMBLY DOESN'T

40:07 - EMPOWER IT TO DO.

40:09 - AND I KNOW MISS BECAUSE HE

40:11 - MENTIONED 28 '07 D. IF YOU LOOK

40:13 - AT THAT SECTION. IT'S THE

40:15 - SECTION THAT LAYS OUT THE

40:16 - DUTIES OF IS ELECTRIC

40:19 - DISTRIBUTION COMPANIES AND THAT

40:21 - PARTICULAR SECTION THAT YOU

40:22 - MENTIONED ACTUALLY PUT BECAUSE

40:24 - THE RIGHT IS AN OBLIGATION ON

40:26 - THE PC TO MAKE SURE THE

40:27 - CUSTOMERS ARE GETTING OUR

40:29 - OUTPUT, NOT ACCURATE

40:30 - INFORMATION TO COMPARE PRICES.

40:32 - THANK YOU.

40:34 - >>THANK YOU, THANK YOU ALL VERY

40:36 - IMPORTANT A VERY INTERESTING

40:38 - CASE. THANK YOU.

40:42 - >>PCN IS WORKING TO

40:43 - HELP KEEP PENNSYLVANIANS

40:44 - INFORMED AS RESTRICTIONS ARE

40:46 - LIFTED ACROSS THE STATE JOIN US

40:47 - DAILY FOR CORONAVIRUS IMPACT A

40:50 - DISCUSSION WITH CIVIC BUSINESS

40:51 - AND GOVERNMENT LEADERS ON

40:53 - COVID-19 IMPACT ON LIFE DURING

40:55 - AND AFTER THE PANDEMIC IN P A

40:57 - STAY WITH PCN IS WE PROVIDE

40:59 - PENNSYLVANIANS WOULD LIVE UP TO

41:00 - THE MINUTE INFORMATION FROM THE

41:02 - GOVERNOR AND DEPARTMENT OF

41:03 - HEALTH CORONAVIRUS RESPONSE

41:05 - WATCH PCN ON CABLE AND STREAM

41:07 - FREE ON THE PCN APP.

41:16 - >>LINE UP THIS MORNING.

41:18 - EACH 5.

41:31 - AND MAY RIVER FROM ABOUT 15

41:33 - MINUTES FOR REBUTTAL. THERE'S

41:36 - NO REBUTTAL OR THEY

41:39 - VALLEY WE'VE READ

41:41 - THE BRIEF WE'RE READY TO

41:44 - I SUGGEST THAT YOU GET TO YOUR

41:46 - POINT JUST AS QUICKLY AS

41:47 - POSSIBLE. AND MISTER FISHER.

41:51 - I CALL YOU

41:52 - WHO MAKE YOUR ARGUMENT ON

41:55 - BEHALF OF AMERICA

41:57 - BUT JUST SO AND THE PRESCHOOL

42:00 - AND CREATIVE LEARNING CENTER.

42:06 - >>HE SEES THE COURT MY NAME IS

42:07 - RONNIE FISHER AND I PERCENT THE

42:08 - PARIS HOWARD AND MADE IT

42:10 - A GO AND WHERE DOES IS PLACE

42:12 - FOR CREATIVE LEARNING CENTER.

42:13 - I WAS ASKED TO RESERVE 2

42:14 - MINUTES FOR THAT MATTER.

42:18 - THIS CASE IS ABOUT

42:19 - WHETHER A FIRE DEPARTMENTS MAKE

42:21 - IT A COUPLE OF WATER AND THE

42:23 - FIRE TRUCK THAT CAUSES THE

42:24 - SIGNING OF A PRESCHOOL HAS A

42:26 - CHANCE OPERATION OF THE FIRE

42:28 - TRUCK UNDER THE VEHICLE

42:30 - LIABILITY SECTION AND SOMETHING

42:32 - IS POLITICAL SUBDIVISION TO OUR

42:33 - CLAIMS ACT RESULTING

42:35 - IN ME. FIRE DEPARTMENT TWEETING

42:37 - ITS GOVERNMENTAL IMMUNITY UNDER

42:39 - THE ACT.

42:40 - THE TRIAL COURT IN CREATING

42:41 - CONCLUDED THAT IT DID NOT

42:43 - BECAUSE PUMPING WATER. WHAT

42:44 - ABOUT ANY DECISIONS IN

42:46 - TRANSPORTING ANY INDIVIDUAL ONE

42:48 - PLACE TO ANOTHER. ITS

42:50 - CONCLUSION IS WRONG FOR

42:51 - 2 REASONS. FIRST IT IMPROPERLY

42:54 - CHANGES THE LANGUAGE OF THE

42:55 - STATUTE. I THINK THE

42:57 - REQUIREMENT THAT ISN'T THERE

42:59 - BECAUSE THE VEHICLE LIABILITY

43:00 - EXCEPTION IS THE STATUTORY

43:02 - CREATION. THE

43:03 - COURT MUST OKAY I ASCERTAIN THE

43:06 - INTENTION OF THE LEGISLATURE

43:07 - BASED ON E WHERE IS THAT THE

43:09 - LEGISLATURE USES OR DOES

43:11 - IT MEAN THE LANGUAGE OF THE DAY

43:13 - THE POLI EXCEPTION CLEARLY

43:15 - STATES THAT UNIFIES WELL IN

43:17 - PART 2. WELL THE OPERATION OF

43:19 - ANY MOTOR VEHICLE IN A

43:21 - RECESSION OR CONTROL OF THE

43:22 - COMMUNIST PARTY. AND THAT

43:25 - NOWHERE IN THE WORDING. THIS

43:27 - EXCEPTION IS THE LEGISLATURE.

43:29 - THE OPERATION TO HOLD ON AND

43:31 - SPORTING SOMEONE ONE PLACE TO

43:33 - ANOTHER OR EVEN USE THE WORD

43:35 - TRANSPORT OR TRANSPORTATION.

43:38 - THANK YOU IT IS THE PRODUCT OF

43:39 - 2 A READING OF THE BAR ON TIME.

43:43 - THIS IS JUST A WEATHER

43:44 - AUTHORITY CASE, A

43:46 - 2018 IS IT IS A GREAT CASE BACK

43:48 - TO TRIAL COURT BASED ITS

43:49 - DECISION ON THE POINT OF THE

43:52 - VALENTINE CASE WAS HUGE AT A

43:54 - SIMILARLY NARROW DEFINITION OF

43:56 - OPERATION AND HAPPENING IS THAT

43:59 - OR ABOUT

44:00 - 30 YEARS. IT'S KIND OF

44:02 - DEFINITION 8 OPERATIONS

44:03 - ANONYMOUS

44:04 - WITH MOVEMENT. THAT IS HOW I

44:07 - COUNSEL GRAND FOR A FEW A

44:07 - MINUTE.

44:08 - >>I WOULD. LET'S SAY WE AGREE

44:10 - WITH YOU AND THE BALLON TIME

44:12 - CASE

44:12 - REALLY DID GIVE THE SUPREME

44:14 - COURT'S CHANGE OF DIRECTION IN

44:16 - THIS AREA, THE LAW TO BE

44:18 - BROADER THAN WHAT HAD

44:19 - PREVIOUSLY BEEN. THIS I DIDN'T

44:22 - LOVE IN THIS SUBSEQUENT CASES.

44:25 - BUT IF WE

44:26 - AGREE THAT THEIR UNITY DOESN'T

44:28 - APPLY DIDN'T

44:31 - YOUR CLIENTS IN THEIR PETITION

44:33 - FOR REVIEW ACID. THE STATE

44:35 - DEPARTMENT'S FAILURE

44:37 - WAS ASKED A CHAIN WHERE THE

44:38 - PUMP WATER WHEN ULTIMATELY

44:40 - DISCHARGED FROM THE AZA DREAMS.

44:43 - JUST REALLY HAD NOTHING TO DO

44:44 - WITH THE FIRE TRUCK AND HOW THE

44:46 - WATER WAS CHARGED.

44:48 - BUT THE ULTIMATE DECISION AS TO

44:51 - HOW THAT AS

44:52 - IT RAINS WHERE THEY WOULD END

44:54 - UP.

44:55 - NEARNESS ARE IN THE WATER GOING

44:57 - FORWARD THAT ULTIMATELY CAUSE

44:59 - DAMAGE TO YOUR CLIENT'S

45:00 - PROPERTY.

45:04 - >>IT'S TRUE THAT OUR EXPERT.

45:07 - RAINS IT IN TERMS THE FIRE

45:09 - DEPARTMENT BEING

45:10 - NEGLIGENT AND ON A 19 DETERMINE

45:13 - WHERE THE WATER THAT THE FIRE

45:15 - DEPARTMENT WAS PUMPING WITH

45:16 - OUTLET. AS WELL AS TO PROPERLY

45:19 - MONITOR THAT THE EYE WELL BEING

45:22 - OF THE WATER SO THAT IT WAGE.

45:24 - THE WHEN THE CATCH BASIN WAS

45:26 - OVERFLOWING. AND THEN I'D BE

45:28 - ABLE TO ADJUST ACCORDINGLY.

45:29 - HOWEVER.

45:32 - I PLAYED IT'S CLEAR THAT AND

45:34 - IT'S NOT JUST THESE ACTIONS IN

45:35 - FACT, IT'S STILL THE PUMPING OF

45:37 - THE WATER

45:38 - ON SO OUR CLAIMS THAT BE FIRE

45:41 - DEPARTMENT WAS NEGLIGENT ALL.

45:43 - I'M

45:44 - AILING TOO TURN AWAY THAN WHAT

45:46 - IT WOULD OUTLAW AND PROPERLY

45:47 - MONEY THE PARKING LOT WHILE

45:49 - PUMPING THE WATER ON INTO THE

45:51 - PARKING LOT. I'M IF ALL THE

45:54 - FIRE DEPARTMENT DID WAS

45:55 - FAILED TO TERRY WITH WHAT IT

45:57 - WOULD OUTLETS AND AND

45:59 - TO MONITOR ON THE WATER ON AND

46:03 - NOT COME TO A LETTER WHEN YOU

46:04 - HAVE A CASE.

46:05 - I THE WATER IS STILL KEEN TO

46:08 - ARE CLEAN MAKE IT.

46:12 - >>AND YOU HAVE TO HAVE A CAUSE

46:14 - OF ACTION THAT COMMON LAW.

46:21 - OR THE CONDUCT.

46:23 - >>I GUESS I BELIEVE SO YOUR

46:25 - HONOR.

46:28 - >>WHAT THE WHAT. WHAT WAS THE

46:30 - ACT OF NEGLIGENCE.

46:32 - >>ON THE ACT OF NEGLIGENCE HERE

46:34 - ON WHIDBEY BE I DEPARTMENT

46:37 - I'M SOMETHING IN THE WATER ON

46:39 - INTO THE DRAIN. WITHOUT FIRST

46:41 - THE CHURCH BY THE WATER WOULD

46:43 - I'M OUT ON AND THEN WITHOUT.

46:46 - I'M MONITORING THAT WATER AS IT

46:48 - WAS BEING PONCE THE SEA AND

46:50 - FACING OVER FLOWING.

46:54 - >>SO IN THAT THEN GO BACK TO

46:55 - WHAT MY QUESTION THAT I GET

46:57 - ASKED THAT THERE REALLY WAS

46:58 - DETERMINING WHERE THE WATER WAS

47:00 - GOING TO END UP AS OPPOSED TO

47:01 - THE WATER COMING OUT OF THE

47:02 - FIRE TRUCK.

47:03 - >>I GET THAT TO ME IS A BIG

47:05 - PART OF IT ON YOUR HONOR, BUT I

47:06 - WOULD POINT OUT I'M GOING BACK

47:09 - TO ON THE BALLOT TIME CASE AND

47:11 - IT'S I'M APPROVAL OF THE WAR IT

47:14 - DESCENDS ON

47:15 - WAR DESCENDS, TAKES A COUPLE OF

47:18 - IMPORTANT POINTS ON ONE OF

47:19 - WHICH IS THAT YOU HAVE TO LOOK

47:20 - AT THE PURPOSE OF THE VEHICLE.

47:22 - ANY OTHER OF WHICH IS

47:23 - THAT I'M OPERATION IS A

47:26 - CONTINUUM ACTIVITY SO THAT YOU

47:28 - HAVE TO LOOK AT VARIOUS FACTORS

47:30 - THAT GO INTO IT'S ACTUALLY

47:31 - EATING.

47:32 - I E. PURPOSE ON TOP OF THAT THE

47:36 - VEHICLE IS INTENDED TO BE USED

47:38 - FOR. I'M SO FOR EXAMPLE IN WAR

47:40 - THEY SAID THAT IT'S

47:41 - DECISIONS LIKE.

47:42 - >>BUT I'M SIZE EXCUSE ME

47:43 - COUNCIL ON BUT I'M SAYING I'M

47:45 - AGREEING WITH YOU. THE

47:46 - BALLON TIME IS IS A LIKABLE

47:49 - DOES CONTROL HERE

47:50 - BUT AT SOME POINT YOU CAN'T

47:52 - CONTINUE TO HAVE FACTOR IN

47:53 - ADVANTAGE OF FACTOR THAT SO FAR

47:55 - REMOVED. UNDER THE ORIGINAL

47:57 - ITEM WHICH IS THE FIRE TRUCK.

47:59 - BUT YOU THEN IMPOSE LIABILITY

48:02 - AND THEN THAT'S MY CONCERN HERE

48:04 - I'M ASKING YOU TO HELP ME I'M

48:05 - SAYING I AGREE THE BALLON TIME

48:07 - CONTROLS IT'S A WHOLE NEW LAY

48:09 - OF THE LAND AFTER BALLANTINE

48:11 - BUT HOW DO WE LINE A.

48:17 - AND WITH THE ORIGINALLY WAS

48:19 - FILED HERE.

48:24 - >>ALL RIGHT I THINK IT WOULD

48:26 - THEM.

48:29 - I'M SAYING THAT WITH THE

48:30 - DOWNTOWN WAY TO END MORE GUY

48:33 - INDICATE IS THAT IT'S THE

48:34 - VARIOUS DECISIONS THAT GO INTO

48:36 - THE OPERATION OF A VEHICLE THAT

48:37 - ARE ALSO PART OF THE OPERATION

48:39 - OF

48:39 - THE VEHICLE. I'M SO THE

48:41 - DECISIONS THAT GO INTO

48:44 - OPERATING FIRE TRUCK AS IT

48:45 - PUMPS WATER WHICH WOULD BE

48:46 - DECISION STAGES WHERE AND

48:49 - WHETHER TO PUMP THE WATER.

48:50 - LET'S ALSO BE CONSIDERED

48:51 - OPERATION OF THE FIRE TRUCK.

49:01 - >>COUNCIL OF THE NEW RED

49:02 - BALLANTINE AND THE DEFINITION

49:04 - THAT THINK LOOKING AT. WHERE DO

49:06 - YOU SEE THAT IT WOULD WE'LL BE

49:08 - ON THE VEHICLE ITSELF AND INTO

49:11 - THE PIECES ARE ALL.

49:15 - THE TALKS ABOUT.

49:18 - TRANSPORTATION WHERE ARE WE

49:20 - RETURN WE'RE ENGAGED CREEK

49:21 - RIGHT SIGNALS. PART OF

49:24 - THE OPERATION.

49:33 - BALLANTINE WHERE THEY REFERRED

49:35 - TO

49:35 - I E.

49:37 - >>I WORE DESCENT AND THEY

49:38 - MENTIONED ABOUT OPERATIONS

49:40 - REFLECTING THIS CONTINUUM OF

49:42 - ACTIVITY AND THAT INVOLVES

49:43 - THESE VARIOUS SERIES OF

49:45 - DECISIONS IN ACTION.

49:48 - AND

49:51 - THIS IS QUOTING FROM THE WORK

49:52 - TO SENSE, I'M ANYMORE GET

49:53 - INVOLVED A BUS. I WAS MAIN

49:55 - PURPOSE WAS TRANSPORTATION.

50:06 - >>COUNCIL WHEN IN

50:09 - WATER TANK

50:11 - WAS REMOVED. CENT NEXT TO

50:13 - THE TRUCK AND THE HOSE ATTACHED

50:15 - TO THAT WOULD IT BE.

50:20 - RELEASE OF THE WATER. THEY CAN

50:23 - STILL BE PART OF THAT.

50:28 - AND TO BE AROUND THE TRUCK.

50:35 - >>I WOULD SUBMIT THAT IT WOULD

50:37 - BE AS LONG AS THE TRUCK WAS

50:38 - SOMEHOW INVOLVED STILL IN THE

50:40 - PUMPING

50:40 - OF WATER. I DO KNOW THAT THE

50:42 - VEHICLE LIABILITY THE LANGUAGE

50:44 - THAT ON EXCEPTION ITSELF REFERS

50:46 - TO. HIM IT IS A

50:48 - CURTAIN SAYS OF

50:50 - THE VEHICLE ON AS BEING

50:52 - INCLUDED IN THAT DEFINITION.

50:56 - >>WOULD YOU TAKE IT AS FAR AS

50:57 - IF THE DRAINS WERE BACKED UP

51:00 - AND THE WATER WAS RELEASED.

51:02 - AND THE

51:02 - FIRE DEPARTMENT DIDN'T LOOK TO

51:04 - SEE WHETHER THE DRAINS WERE

51:06 - PROPERLY CLEARED FOR THE WATER

51:07 - TO FLOW WOULD YOU STILL

51:09 - CAN SAY THAT THE FIRE

51:11 - DEPARTMENT WAS.

51:12 - >>WELL EVEN THE REALLY IS IT'S

51:16 - AND CLEAR SEPARATION OF WHAT

51:18 - TRANSPIRED.

51:23 - >>YEAH I STILL SAY THAT YOUR

51:24 - HONOR IT QUITE IT DOES THOUGH

51:26 - TOO ON IN

51:27 - ADDITION TO THE FIRE DEPARTMENT

51:29 - IS MONITORING THE WATER ON AS

51:31 - IT WAS HURTING IT

51:32 - I WAS CASE IT FAILS TO DO SO

51:34 - THAT IF THE DREAM RECLINED ON

51:36 - IT WHERE THE MONEY THAT THEY

51:37 - COULD SEE MORE RAIN WAS SOMEHOW

51:39 - AND THEN REDIRECT THE WATER

51:41 - INTO A DIFFERENT DREAM.

51:43 - >>BUT THEY'RE NOT ULTIMATELY

51:44 - RESPONSIBLE THEY HAVE NO

51:45 - ABILITY TO GO IN

51:46 - THERE AND TAKE ANY ACTION

51:48 - CONCERNING THE TRAIN OR MAYBE

51:50 - THEY CAN EVEN SEE WHETHER IT

51:51 - WAS CLOCKED THERE'S.

51:54 - IT APPEARS IT'S REAL

51:55 - STRETCH THEN AT THAT POINT TO

51:57 - IMPOSE LIABILITY OR SOMETHING

51:59 - THAT'S TOTALLY AND OTHER FIRE

52:00 - DEPARTMENTS CONTROL.

52:03 - >>I THINK YOU'RE CORRECT YOUR

52:04 - AND THAT OF COURSE THE ON WHEN

52:06 - YOU HAVE CONTROL OVER THAT THEN

52:07 - I'M JAMES BEING CLIENTS BUT

52:09 - THEY COULD STILL NOTICE AT THE

52:10 - DRAIN ON

52:12 - WAS CLIMBS AND THAT THE WATER

52:14 - WAS OVERFLOWING AND THEY COULD

52:15 - JUST AGREE.

52:21 - >>ARE THERE ANY ALLEGATIONS IN

52:22 - THE COMPLAINT THAT THEY

52:23 - SHOULDN'T STOP.

52:29 - BECAUSE THEY CAN SEE THERE WAS

52:30 - A PROBLEM.

52:34 - >>WELL THERE ARE NO SPECIFIC

52:35 - ALLEGATIONS IN THE STUDENT AND

52:38 - AND IS IN PART BECAUSE THE ONLY

52:40 - GETTING LEARNED THAT THROUGH

52:40 - THE DISCOVERY PROCESS.

52:58 - COUNCIL US.

53:04 - >>WITH IT BEEN DIFFERENT HERE

53:05 - THEY WERE IS REMOVING.

53:07 - >>WATER DUE TO A FLOOD GREAT.

53:13 - YOU'RE STILL NEEDED.

53:16 - IF YOU SPENT YOUR MONEY,

53:18 - OKAY, SO WHAT IF THEY WERE

53:20 - FIGHTING FIRE AND USING THE

53:22 - HOSE THE SURGE. ANY DURING

53:25 - A FIRE. THEY HAVE TO LOOK OVER

53:27 - THE HILL AND SEE WHERE THE

53:28 - WATER

53:29 - IS ACCUMULATING AS THEY FIGHT

53:32 - THE FIRE ANOTHER SO

53:33 - YOU SEE MOST OF THE TRUCK UNDER

53:36 - YOUR SIRI.

53:38 - WOULD THEY BE EXCUSED BECAUSE

53:39 - IT'S A FIRE AND AN EMERGENCY

53:42 - AND THEY CAN'T.

53:43 - >>THE 88 IT.

53:44 - >>MUCH OF THE FIRE BUT HERE.

53:47 - BECAUSE IT WAS REMOVING WATER

53:48 - FROM A SLIDE. THEY HAD THE

53:49 - OPPORTUNITY TO MEAN TO STUDY

53:52 - THEY SAY IS YOU MAYBE CREATING

53:54 - SUCH A.

53:55 - BEILEIN IN SEXUAL SITUATIONS

53:58 - EVEN IF WE WOULD GO THERE ABOUT

53:59 - USE OF THE HOSE.

54:04 - I DON'T THINK I

54:05 - WOULD I AND YOUR HONOR IN THIS

54:07 - CASE THEY ACTUALLY DID NOT USE

54:09 - THE HOSE I'M BEING WHAT

54:11 - ARE ON. IT GETS OUT OF AM A

54:13 - NOZZLE ON THE FIRE TRUCK.

54:20 - >>WE.

54:22 - I I

54:23 - THINK JUDGE NICHOLAS QUESTION

54:25 - WAS STILL A VALID QUESTION

54:26 - QUITE A BIT KYRA AND I'D LOVE

54:28 - TO HEAR YOUR ANSWER

54:30 - MEDICAL.

54:31 - >>IT REALLY IS TO CAPTURE A

54:32 - HYPOTHETICAL OF A FIRE USING A

54:34 - PUMPER TRUCK. PUMPING WATER

54:37 - GOES TO. I HAD TO FIGHT

54:39 - A FIRE. THE WATER. A LOT

54:42 - OF WATER.

54:44 - >>RUN DOWNHILL RUN DIED HILL

54:46 - RUNS ANY NUMBER OF PLACES.

54:49 - IF THERE IS DAMAGE AS A RESULT.

54:51 - I IS THAT THE OPERATION OF A

54:53 - VEHICLE.

54:57 - >>I'M HERE I WOULD SUBMIT THAT

54:58 - STILL WOULD BE OPERATION OF A

55:00 - VEHICLE. I'M BECAUSE IT WOULD

55:02 - BE

55:02 - USE OF I'M A FIRE DEPARTMENTS

55:05 - HOSE TO DIRECT THAT WATER.

55:12 - >>YOU ARE JUST ABOUT AT THE END

55:14 - OF YOUR TIME, THE PRESSURE YOU

55:16 - WANT WIND UP OR.

55:21 - >>YES, THANK YOU YOUR HONOR AND

55:22 - AND YEAH I WOULD I WOULD JUST

55:24 - AND I'M IN

55:26 - LAST QUESTION THAT IT WOULD OF

55:27 - COURSE ALSO DEPEND UPON ME TO

55:29 - THE CIRCUMSTANCES ON OF THE

55:31 - HYPOTHETICAL CASE AS

55:32 - TO WHETHER THE FIRE DEPARTMENT

55:34 - WOULD ACTUALLY BE NEGLIGENT IN

55:36 - THAT CASE WHAT I'M SUBMITTING

55:38 - IS THAT I.

55:41 - IT WAS THE CIA'S OPERATION FOR

55:43 - PURPOSES OF I.

55:46 - IT CAME AT THE FIRE DEPARTMENT

55:47 - AS WE NEED IS GOVERNMENT

55:48 - IMMEDIATELY SO THAT THE CASE

55:49 - COULD PROCEED. ALL AND ON.

55:53 - WE WOULD OF COURSE RESPECTFULLY

55:54 - REQUEST THAT THE COURT REVERSED

55:56 - THE TRIAL COURT'S GRANT SUMMARY

55:57 - JUDGMENT IN FAVOR OF THE FIRE

55:58 - DEPARTMENT AND WE ME AND SO

56:00 - THAT THE CASE AGAINST THE FIRE

56:01 - DEPARTMENT CAN PROCEED. ARE

56:03 - THERE. THANK YOU.

56:11 - >>A POLICE RECORD MY NAME IS

56:13 - KATHLEEN WELFARE OR REPRESENT

56:15 - THE WHITE MALES FIRE

56:16 - DEPARTMENT. THIS IS MY FIRST

56:19 - CASE IN TRYING TO INTERPRET THE

56:21 - BALLANTINE CASE AS IT APPLIES

56:23 - TO THE VEHICLE LIABILITY

56:24 - EXCEPTION. I

56:27 - AGREE WITH.

56:30 - I HAVE.

56:31 - >>THE I AGREE WITH THE

56:32 - QUESTIONS THAT TO ME WHAT IT

56:34 - COMES DOWN TO IN LOOKING AT

56:36 - BALLANTINE IS DO

56:39 - THE AX. THAT'S THE PLAINTIFFS

56:42 - LIABILITY EXPERT.

56:45 - ASSESS AGAINST THE FIRE

56:46 - DEPARTMENT. DO THOSE ACTS.

56:50 - ALL WITH IN THE VEHICLE

56:51 - LIABILITY EXCEPTION WASN'T

56:53 - INTENDED TO ENCOMPASS THAT

56:56 - IN REVIEWING THE BALLANTINE

56:57 - CASE WHERE IT REALLY SPEAKS TO

56:59 - THE VEHICLE.

57:01 - YOU KNOW OPERATING THE LIGHTS

57:02 - MOVING IT THINGS LIKE THAT THE

57:05 - PLAINTIFFS EXPERT

57:06 - SAYS THAT THE WHITE MALES FIRE

57:08 - DEPARTMENT ON ONCE THEY PUMP

57:10 - THE WATER THAT HAD BEEN

57:12 - FLOODED. INTO THE PARKING

57:15 - LOT INTO 2 SEPARATE TRAINS.

57:17 - THAT IT SHOULD HAVE CHECKED SEE

57:19 - WE'RE WAS EXITING.

57:21 - THE 3RD DRAIN OR OR CATCH BASIN

57:24 - THAT THE PLAINTIFFS EXPERT

57:26 - IS SAYING WHERE THE WATER HE

57:28 - FOUGHT BELIEVES CAME OUT EVEN

57:30 - THOUGH HE'S

57:30 - NOT SURE WAS MUCH FURTHER DOWN

57:33 - BEHIND THIS BUILDING ON THE

57:35 - FIRE

57:36 - DEPARTMENT WERE I IMPLORE

57:38 - PEOPLE VOLUNTEERS WERE CHECKING

57:39 - THE 2 BASINS WHERE THE WATER

57:41 - THAT DRAINS WHERE THE WATERS

57:42 - WERE BEING

57:43 - PUMPED INTO AND SO THE

57:46 - PLAINTIFF'S EXPERTS SAYING THAT

57:48 - THE FIRE DEPARTMENT SHOULD HAVE

57:49 - CHECKED THAT WHEN HE'S NOT EVEN

57:51 - SURE THAT THAT'S WHERE THE

57:52 - WATER WAS EMERGING FROM TO ME

57:54 - IS JUST

57:55 - SOMETHING THAT WAS NOT INTENDED

57:58 - TO BE ENCOMPASSED IN THE

57:59 - VEHICLE LIABILITY EXCEPTION.

58:01 - HE ALSO THE FIRE DEPARTMENT.

58:04 - I'M

58:04 - SORRY US.

58:05 - >>NO NO PROBLEM I'M GOING TO

58:07 - THAT POINT. WAS

58:10 - THERE ANY DETERMINATION.

58:12 - ON THE TRIAL COURT LEVEL TO THE

58:14 - ISSUES OF FINDING

58:16 - REGARDING NEGLIGENCE TO YOUR

58:18 - POINT OF WHETHER THE I

58:21 - UNDERSTAND WHAT THE

58:21 - EXPERTS SAID. THE TRIAL COURT

58:24 - NEVER GET TO NEGLIGENT BECAUSE

58:26 - OF THE VALENTINE TO YOU.

58:29 - >>YOU KNOW THE TRIAL COURT'S

58:30 - OPINION IS A BIT CONFUSING.

58:32 - I AGREE WITH THE CONCLUSION

58:34 - BUT.

58:37 - I DON'T BELIEVE

58:38 - SHE MADE ANY FACTUAL

58:39 - DETERMINATIONS ON OTHER THAN

58:41 - SAYING THAT THE CONDUCT DID NOT

58:44 - ALL WITHIN THE VEHICLE

58:45 - LIABILITY EXCEPTION.

58:50 - I MEAN MY CONCERN HERE

58:51 - IS THAT THERE TOO. THE REASON

58:54 - THAT VALENTINE IS SO HORTON IN

58:56 - HOW WE

58:57 - APPLY THAT WASN'T THE PURPOSE

59:00 - OF THE FIRE TRUCK TO BE CALLED

59:02 - A FIRE TRUCK.

59:03 - >>TO RESPOND TO THIS SITUATION.

59:06 - SO THEREFORE WE HAVE TO LOOK AT

59:08 - WHAT THE PURPOSE OF THAT

59:09 - VEHICLE WAS AND THE UTILITY OF

59:13 - THAT VEHICLE IN SEEKING TO

59:15 - ACCOMPLISH THE ULTIMATE GOAL

59:17 - AND I THINK THAT'S WHAT MAKES

59:18 - THIS CASE. STRONGER AND BEING

59:21 - IN THE BALLANTINE COURT.

59:23 - AS FAR AS IT BE 100%

59:25 - OF CLICKABLE THEY THE EXCEPTION

59:28 - THOSE HARD. YOU CAN ADDRESS

59:30 - THAT WITH YOU SOME.

59:32 - SOME OTHER VEHICLE OR SOME OF

59:33 - THE WAY THAT THEY COULDN'T

59:34 - RESOLVE THIS PROBLEM.

59:36 - >>MY UNDERSTANDING YOUR HONOR

59:38 - IS THAT THEY DID CALL THE FIRE

59:39 - DEPARTMENT COME OUT ON ONE OF

59:41 - THE OCCASIONS I THINK A VEHICLE

59:43 - WAS STOCK AND SO IT'S A MAIN

59:46 - THOROUGHFARE WITHIN

59:47 - THE TOWNSHIP. AND SO THEY THEY

59:49 - DID CALL THEM ALL TO PUMP THE

59:50 - WATER OUT.

59:53 - I DON'T KNOW THAT THEY'RE THEY

59:54 - SAID THAT THERE WAS NO OTHER

59:56 - OPTION THEY SAW THESE DRAINS

59:57 - AND THAT'S WHAT THE ASSESSED

59:58 - 670 ACROSS. WHERE THE PARKING LOT

01:00 - 02.960 WHERE THEY DURING THE CROSS WAS

01:00 - 04.480 A BIG MIND OR.

01:00 - 06.820 SOME TYPE OF MIND THERE WAS

01:00 - 08.660 NOTHING THERE WAS A HUGE HILL

01:00 - 09.840 WITH A MINING.

01:00 - 14.970 THAT AND THAT THEY ACTUALLY

01:00 - 16.120 WERE ONE OF THE DEFENDANTS IN

01:00 - 16.210 THE

01:00 - 17.990 CASE SO THEY ASSESS THE

01:00 - 20.190 SITUATION AND SO THAT THE

01:00 - 22.240 SCENARIO FOR THEM

01:00 - 24.700 WAS TO REMOVE THE WATER BECAUSE

01:00 - 26.300 THEY DRAINS ON THE ROADWAY WERE

01:00 - 26.990 CLOGGED.

01:00 - 30.290 AND FROM PUMP IT INTO THE

01:00 - 32.040 DRAINS THAT WERE ON THIS.

01:00 - 34.350 YOU KNOW BIG PARKING LOT THAT I

01:00 - 35.690 UNDERSTOOD MY RECOLLECTION OF

01:00 - 36.510 THE TESTIMONY.

01:00 - 39.050 >>IT WAS

01:00 - 42.350 I'M TRYING TO I'M I'M TRYING TO

01:00 - 43.660 STRUGGLE BETWEEN IT'S A GOOD

01:00 - 45.690 CONCEPT OF NEGLIGENT. WHAT WAS

01:00 - 47.330 THERE NEGLIGENCE HERE IN THE

01:00 - 49.810 OPERATION OF THE FIRE TRUCK OR

01:00 - 51.580 WAS THERE SOME OTHER NEGLIGENT.

01:00 - 53.280 >>THAT CAUSED

01:00 - 55.970 THE DAMAGE AND I'M SORT OF

01:00 - 57.950 WONDERING WHETHER WE SHOULD BE

01:00 - 59.490 GAUGING.

01:01 - 02.350 IN THAT TYPE OF ANALYSIS OR

01:01 - 03.490 WHETHER THAT'S SOMETHING THAT

01:01 - 05.370 MORE APPROPRIATELY FOR A JURY.

01:01 - 07.270 I WOULD WITH APPROPRIATE

01:01 - 08.860 INSTRUCTIONS FROM THE JUDGE

01:01 - 11.640 TO EVALUATE IN TERMS OF CHAIN

01:01 - 12.940 OF NEGLIGENCE CHAIN OF

01:01 - 16.230 CAUSATION WHAT WAS THE REAL.

01:01 - 19.240 WHAT WAS THE REAL BAD THAT WAS

01:01 - 19.810 BECAUSE

01:01 - 24.250 IN FACT OF WAR OR PROXIMATE I

01:01 - 25.240 DIDN'T DO WELL IN TOWARDS THE

01:01 - 26.710 MOSCOW. SO I APOLOGIZE.

01:01 - 28.810 >>BUT YOU KNOW WHAT WAS THE

01:01 - 32.030 REAL CAUSE OF OF OF

01:01 - 33.920 THE DAMAGE TO THE PROPERTY AND

01:01 - 35.480 AND YOU KNOW WE CAN JUDGE CAN

01:01 - 36.970 CHART WE CAN CORRECT THE JUDGE

01:01 - 38.470 ON VALENTINE THE JUDGE CAN

01:01 - 40.330 CHARGE THE JURY ON BALLANTINE

01:01 - 42.050 AND LET THE JURY SORT OUT.

01:01 - 44.540 >>WEATHER. IT WAS A NEGLIGENT

01:01 - 45.380 ACT IN OPERATING

01:01 - 48.270 THE VEHICLE OR IF IT WAS AND I

01:01 - 49.450 NEGLIGENT ACT OF OPERATING THE

01:01 - 52.000 VEHICLE, I'M A DAD AND THE CASE

01:01 - 52.560 IS OVER.

01:01 - 56.930 >>YOU KNOW I MEAN THAT'S A GOOD

01:01 - 58.520 QUESTION. I I THINK

01:01 - 00.520 THOUGH THAT I DON'T BELIEVE IT

01:02 - 02.220 WAS NEGLIGENT OPERATION OF

01:02 - 04.020 THE FIRE TRUCK TO THE FIRE

01:02 - 05.690 TRUCK REALLY WAS JUST USED

01:02 - 07.270 SITTING RIGHT IN THE WATER, THE

01:02 - 09.740 PUMP THE WATER. I THINK

01:02 - 11.560 IT GOES TO ME I THINK IT WOULD

01:02 - 13.760 BE A CORE QUESTION OR AN ISSUE

01:02 - 15.590 OF WAS HOW FAR DO YOU WANT THIS

01:02 - 18.050 TO GO IN TERMS OF WHAT

01:02 - 19.410 IS INTENDED

01:02 - 23.360 TO ENCOMPASS ALL OF THE

01:02 - 24.530 I DON'T DISAGREE WITH HIM THIS

01:02 - 26.000 WAS I THINK I THINK THE I THINK

01:02 - 27.560 THAT LEGAL QUESTION NEEDS TO BE

01:02 - 29.320 DECIDED, BUT I'M WONDERING FROM

01:02 - 30.800 AN EFFICIENCY PERSPECTIVE

01:02 - 31.650 WEATHER.

01:02 - 35.290 >>IT SHOULD BE DECIDED. BELOW

01:02 - 37.270 HER. WITH THE PROPER LEGAL

01:02 - 37.640 CHARGE

01:02 - 40.470 ON VALENTINE AND THEN SEE WHAT

01:02 - 41.770 HAPPENS SO WE HAVE SORT OF A

01:02 - 45.050 MORE FULSOME OF WHAT HAPPENED

01:02 - 46.280 TO SEE YOUR CASE KIND OF MOVE

01:02 - 47.120 ALONG A LITTLE BIT MORE

01:02 - 48.430 EFFICIENTLY AS WELL.

01:02 - 50.760 >>YEAH, I GUESS I

01:02 - 53.070 GUESS I DISAGREE THAT IN TERMS

01:02 - 54.780 OF THE FACTUAL INTERPRETATION

01:02 - 56.280 THAT THE USE OF THE VEHICLE IN

01:02 - 57.940 THIS PARTICULAR CASE THE FIRE

01:02 - 00.280 TRUCK WAS NEGLIGENT. IT'S

01:03 - 02.640 MORE SO WHERE DID THE WATER

01:03 - 04.160 COME FROM AND ALL THE LIABILITY

01:03 - 05.570 EXPERTS DISAGREE.

01:03 - 08.860 ON THAT IN TERMS OF WHAT CAUSED

01:03 - 11.380 THE FLOODING. BUT TO ME IT'S

01:03 - 12.760 YOU KNOW THEY

01:03 - 14.630 THEY WANT TO PUMP WATER INTO

01:03 - 16.140 THE DRAIN. SO THEY WENT DOWN

01:03 - 17.750 THE DRAINS DREAMS THAT THEY

01:03 - 19.670 WERE USING WERE FINE. THERE WAS

01:03 - 21.840 NO WATER GOING OVER. ON THE

01:03 - 22.720 EMBANKMENT.

01:03 - 28.270 I I THINK THE PROBLEM IS RATHER

01:03 - 30.280 THAN GETTING DOWN INTO THE WEE

01:03 - 31.750 WHAT ACTUALLY HAPPENED.

01:03 - 34.580 >>AND WHETHER OR NOT A CAUSE OF

01:03 - 36.200 ACTION AND NECK WITH THEM.

01:03 - 39.740 WELL, WHAT AND AS A MATTER

01:03 - 40.530 OF LAW.

01:03 - 42.390 >>WELL WE'RE OUR PROBLEM IS

01:03 - 44.260 THINK THEY NEVER EVEN GET THAT

01:03 - 45.390 FAR BECAUSE

01:03 - 48.290 THE COURT. THE TRIAL COURT HELD

01:03 - 50.410 THAT THEY'RE NOT ALL WITHIN THE

01:03 - 52.980 VEHICLE LIABILITY THAT ACTION.

01:03 - 56.140 GOVERNMENTAL MATTER AND THE

01:03 - 58.210 PROBLEM IS THAT AFTER

01:03 - 00.920 READ THAT THERE IS THE HINT

01:04 - 02.490 THERE IS A WAIVER OR

01:04 - 03.850 VEHICLE LIABILITY

01:04 - 06.130 WHICH IS DEFINED AS THE

01:04 - 08.410 OPERATION OF ANY MOTOR VEHICLE

01:04 - 10.120 AND THE POSSESSION OR CONTROL

01:04 - 10.370 OF THE

01:04 - 12.480 LOCAL AID THAT CERTAINLY

01:04 - 14.420 DESCRIBES OR FIRE OR DOES IT

01:04 - 14.800 NOT.

01:04 - 16.860 >>I DO I AGREE I AGREE THAT

01:04 - 18.510 VALENTINE APPLIES YOU'RE ON IT

01:04 - 18.980 MAKES ME.

01:04 - 19.830 BENNETT.

01:04 - 21.760 >>AND THEN IT HAS AS USED IN

01:04 - 24.100 THIS PARAGRAPH. MOTOR VEHICLE

01:04 - 25.500 MEAN ANY VEHICLE WHICH

01:04 - 28.270 IS FELT HOW AND ANNIE ATTACHED,

01:04 - 30.270 BUT THERE TOO, INCLUDING

01:04 - 32.650 VEHICLES OPERATED BY RAIL

01:04 - 34.860 THROUGH WATER OR IN THE AIR.

01:04 - 38.110 THE PROBLEM IS WE DO HAVE AN

01:04 - 39.270 ATTACHMENT HERE.

01:04 - 42.970 >>IT'S A VERY BROAD I

01:04 - 45.350 THINK DEFINITION OF VEHICLE

01:04 - 46.920 LIABILITY AND THEN THE OTHER

01:04 - 48.590 PROBLEM IS IF THEY'RE GOING

01:04 - 50.710 TO CRASH EXCEPTION TO THE

01:04 - 54.540 EXCEPTION OR. CRIMINAL THEM

01:04 - 54.950 FLIGHT.

01:04 - 59.410 THERE IS NO EXCEPTION FOR A

01:04 - 03.580 FIRE TRUCK. REALLY

01:05 - 05.160 WRESTLING WITH AFTER HIM.

01:05 - 07.350 WHAT IT MEANS AND WHAT IT MEANS

01:05 - 09.370 IN LIGHT OF VALENTINE NOT

01:05 - 10.910 WHETHER OR NOT THE FIRE.

01:05 - 12.060 THE COMPANY WAS.

01:05 - 17.350 >>I UNDERSTAND IT IS TO

01:05 - 21.090 I AGREE AT

01:05 - 23.020 THE TIME THIS WAS ON THE SIDE

01:05 - 24.490 AND WE HAD THIS THAT IT THAT

01:05 - 25.720 THIS WAS A NEW CASE

01:05 - 28.590 FOR EVERYBODY. I JUST DON'T SEE

01:05 - 30.580 THAT. IT SHOULD

01:05 - 33.350 BE AXED EXTENDED TO THE FIRE

01:05 - 34.710 COMPANY HAVING TO

01:05 - 36.420 CHECK THE CAPACITY OF THE

01:05 - 38.110 DRAINAGE SYSTEM I'D I JUST

01:05 - 39.330 DON'T SEE THAT THAT IS

01:05 - 41.560 SOMETHING THAT WAS INTENDED OR

01:05 - 42.700 SHOULD I THINK THAT'S AN

01:05 - 44.690 OPERATION OF A MOTOR MOTOR

01:05 - 46.210 VEHICLE AND ABOUT AND I WERE

01:05 - 46.900 ABLE TO LOOK AT.

01:05 - 48.020 >>AND A NEW ONE.

01:05 - 52.450 >>AND AND AND POINTED OUT POSES

01:05 - 55.540 FOR HUGHES. PUT OUT FIRES AT

01:05 - 56.550 THERE AND THERE.

01:05 - 59.430 >>NOW THIS WAS WHAT OF WHAT

01:05 - 01.720 ABOUT SNOWPLOW IN A REALLY BAD.

01:06 - 04.360 NO STORE. AND AS THE SNOW PILED

01:06 - 05.750 GOES THROUGH THE STREET.

01:06 - 07.940 IT PUSHING THE

01:06 - 10.600 SNOW AGGRESSIVELY AS IT PUSHES

01:06 - 11.810 THE SNOW AGGRESSIVELY AND

01:06 - 13.270 KNOCKS OVER A MAILBOX.

01:06 - 16.190 IS THAT THE OPERATION OF

01:06 - 19.310 A VEHICLE BY WHICH THE TOWNSHIP

01:06 - 20.840 WOULD BE NEGLIGENT FOR FAILING

01:06 - 23.330 TO REALIZE THAT A MAILBOX WAS

01:06 - 26.770 THERE AND THE RESULTING PLOWING

01:06 - 28.030 WOULD BE WOULD PUSH OVER THE

01:06 - 29.450 SNOW OVER INTO THE MAILBOX.

01:06 - 33.590 >>FOR THE VEHICLE LIABILITY

01:06 - 34.600 SECTION. I THINK THAT'S A

01:06 - 37.230 CLOSER ARGUMENT. I THINK THAT'S

01:06 - 38.340 WHAT I THINK THAT'S WHAT WE

01:06 - 39.710 HAVE TO LOOK AT IN THIS CASE IS

01:06 - 41.450 HOW FAR DO YOU WANT TO GO.

01:06 - 44.530 TO IN TERMS OF ACTS WHICH WOULD

01:06 - 47.510 COME UNDER OPERATIONAL OF THE

01:06 - 48.130 VEHICLE.

01:06 - 52.030 AND BUT IN YOUR EXAMPLE, YOU'RE

01:06 - 52.630 IN OIL.

01:06 - 55.930 I GUESS IT'S CLOSER IN TERMS OF

01:06 - 58.560 DISTANCE AND YOU KNOW RIGHT

01:06 - 00.860 THERE AND THE TRUCKS MOVING

01:07 - 02.050 THERE'S A LOT MORE I THINK THAT

01:07 - 04.110 APPLY THERE BUT I JUST DON'T

01:07 - 05.980 SEE IT WHERE MIKE

01:07 - 07.690 LINE IS MOVING UP MOVING IS NOW

01:07 - 09.900 OUT THE WINDOW THAT NOTHING HAS

01:07 - 11.890 MANY YES, I AGREE

01:07 - 12.440 I AGREE.

01:07 - 15.200 >>THAT'S NOT THE CONTINUUM OF

01:07 - 15.970 ACTIVITY.

01:07 - 17.420 >>IT DOES NOT MEAN SIMPLY

01:07 - 18.980 MOVING FORWARD OR BACKWARD.

01:07 - 21.390 THAT INCLUDES THE

01:07 - 23.490 DECISION-MAKING PROCESS AND

01:07 - 25.680 THAT. THE MOVING OF THE AT ALL.

01:07 - 28.370 IT IMPLIES A PROCESS.

01:07 - 34.090 AND THE VEHICLE DOES NOT HAVE

01:07 - 35.860 TO ACTUALLY BE IN MOTION.

01:07 - 41.260 MAY CONTINUE.

01:07 - 42.010 ALL RIGHT.

01:07 - 44.180 >>AND SO AGAIN I GUESS THE ONLY

01:07 - 45.290 THING I WOULD SAY IN CONCLUSION

01:07 - 48.320 IS THAT ME THAT DEFINITION THE

01:07 - 50.020 CONTINUE ALONG. THOSE

01:07 - 50.950 DECISIONS.

01:07 - 53.770 SEEM TO ME SHOULD

01:07 - 55.580 NOT BE SOMETHING OR WHERE IT

01:07 - 57.510 APPLIES TO FACTS IN OUR CASE

01:07 - 57.810 WHERE THEY'RE

01:07 - 59.950 TALKING ABOUT BUT THE FIRE

01:07 - 01.800 DEPARTMENT SAILING TO DETERMINE

01:08 - 03.740 THE CAPACITY OF THE DRAINAGE

01:08 - 05.220 SYSTEM WHICH THE PLAINTIFFS

01:08 - 06.810 EXPERT DIDN'T KNOW THE CAPACITY

01:08 - 07.000 OF THE

01:08 - 08.950 DRAINAGE SYSTEM OR SEARCHING

01:08 - 11.620 FOR A 3RD CATCH BASIN. SEE IF

01:08 - 13.290 OR OR SOME OTHER PLACE OF WHERE

01:08 - 15.880 THE WATER WAS EXITING AND SO I

01:08 - 17.630 WOULD SAY THAT THAT THE

01:08 - 18.840 ULTIMATE CONCLUSION OF THE

01:08 - 20.770 COURT WAS PROPER AND THAT THE

01:08 - 23.160 VEHICLE LIABILITY EXCEPTION IN

01:08 - 24.470 TERMS OF OPERATION OF THE

01:08 - 26.170 VEHICLE DID NOT APPLY IN OUR

01:08 - 28.300 CASE AND THAT SUMMARY JUDGMENT

01:08 - 29.020 WAS PROPER.

01:08 - 41.300 JUMP IN HERE REAL QUICK BEFORE

01:08 - 42.230 YOU START IN.

01:08 - 44.560 >>FOLLOWING UP ON WHAT COUNCIL

01:08 - 45.810 WAST JUST STATED.

01:08 - 46.880 >>IN.

01:08 - 49.310 >>INTER CREATING VALENTINE

01:08 - 50.950 INTERPRETING THIS EXCEPTION

01:08 - 53.350 FIRST BE NARROWLY CONSTRUED SO

01:08 - 55.370 IF YOU TAKE THE ARGUMENT THAT

01:08 - 56.600 THE FIRE DEPARTMENT REALLY

01:08 - 58.200 SHOULDN'T BE RESPONSIBLE FOR

01:08 - 59.600 THE CAPACITY OF THE DRAIN.

01:09 - 02.440 WE THEN MAKING THIS EXCEPTION.

01:09 - 05.230 TOO BROAD I OPEN A PANDORA'S

01:09 - 07.210 BOX BE ALL KINDS OF LITIGATION

01:09 - 09.010 WHERE I REALLY DIDN'T RELATE

01:09 - 11.300 BACK TO THE OPERATION OF THE

01:09 - 12.070 VEHICLE.

01:09 - 19.910 >>WELL IT'S A VERY GOOD

01:09 - 21.760 QUESTION. LEON. YES, I'M NOT

01:09 - 23.110 SURE OF THE ANSWER THAT

01:09 - 23.650 QUESTION I

01:09 - 26.050 I WOULD. IT'S TIME THAT IT

01:09 - 27.620 WOULDN'T BE I'M STILL MAKING

01:09 - 28.700 IT, I'M

01:09 - 31.520 IN BRIDE. AND AGAIN BECAUSE I

01:09 - 33.330 THINK WE HAVE TO GET BACK TO BE

01:09 - 35.540 LOOKING AT THE SURFACE OF

01:09 - 36.830 THE VEHICLE AND

01:09 - 38.760 THEN TIME THE DECISIONS THAT

01:09 - 39.920 GOING TO AFFECT TRAIN THAT

01:09 - 41.660 PERSON TO BE COOL TO SEE IF

01:09 - 44.950 I THE ECO LIABILITY EXCEPT

01:09 - 45.660 HIGHS.

01:09 - 49.780 >>REALLY

01:09 - 52.510 BEEN LOOKING EXTREMELY EVERY

01:09 - 53.820 ACTOR'S GOING TO BE LOOKING

01:09 - 54.650 VERY FOR HIM.

01:09 - 56.790 EVEN THOUGH THINGS THAT MAY

01:09 - 58.540 SEEM TO BE ON FORESEEABLE

01:09 - 59.900 THEY'RE ALMOST GOING TO HAVE TO

01:09 - 01.450 HAVE A CRYSTAL BALL TO PREDICT

01:10 - 03.140 WHAT THE RESULT IS GOING TO BE.

01:10 - 10.430 >>I SUBMIT THAT THAT THAT'S NOT

01:10 - 12.460 EXACTLY THE CASE YOUR HONOR I

01:10 - 14.420 STILL THINK I'M THAT THERE ARE.

01:10 - 15.650 IT'S TOO.

01:10 - 18.680 LIABILITY I KNEW THAT I KNEW

01:10 - 20.760 THAT ON. EXCEPTION.

01:10 - 25.820 >>OR USE TASK GROUP OF THEM AT

01:10 - 26.800 COMMON LAW.

01:10 - 28.010 >>EXACTLY.

01:10 - 29.640 >>YOUR FIRST HEARD.

01:10 - 35.290 >>I WANTED TO ASK YOU THERE'S A

01:10 - 36.890 CASE A SUPREME COURT CASE

01:10 - 39.440 THAT HELP NEGLIGENTLY DRIVING

01:10 - 40.690 AN AMBULANCE, SO THAT THE

01:10 - 42.600 PATIENT AND GET TO THE HOSPITAL

01:10 - 45.630 TIME. AND DIE. AS A PUBLIC

01:10 - 47.100 SERVICE ISSUE.

01:10 - 50.590 AND NOT AND NEGLIGENCE ISSUE OF

01:10 - 52.310 OPERATION BE A LIABILITY.

01:10 - 55.010 WHY NOT JOIN THE LINE HERE AND

01:10 - 57.160 SAY IT WASN'T THE OPERATION

01:10 - 00.710 OF THE VEHICLE. BUT IT

01:11 - 02.590 WAS C HER SONS.

01:11 - 05.910 DISTRIBUTION OF PLACEMENT OF

01:11 - 07.400 THE WATER IN OTHER WORDS.

01:11 - 09.830 IT WASN'T THE. THE

01:11 - 12.070 EQUIPMENT THAT BECAUSE THIS IS

01:11 - 13.140 THE OPERATION THAT COULD MEAN

01:11 - 14.650 IT WAS AN EMPLOYEE

01:11 - 17.340 WHO FIREFIGHTER WHO IS IN PLACE

01:11 - 17.990 THE WATER.

01:11 - 20.460 AS YOU'RE ALLEGING IN A

01:11 - 23.210 NEGLIGENCE ASHUN WHY WOULD A

01:11 - 24.350 PUBLIC SERVICE ISSUE.

01:11 - 28.870 >>YEAH, I'M NOT FAMILIAR WITH

01:11 - 30.860 IT. THE CASE THAT INVOLVES THE

01:11 - 32.780 AMBULANCE ON AND I THINK I

01:11 - 34.060 WOULD JUST GO BACK TO THE

01:11 - 35.940 LANGUAGE OF THE STATUTE ITSELF

01:11 - 36.760 BECAUSE I THINK THAT'S WHERE

01:11 - 38.920 THE FOCUS SHOULD BE AND

01:11 - 42.350 THE STATUTE TALKS ABOUT ON THE

01:11 - 43.690 COURSE OF THE OPERATION OF A

01:11 - 45.400 VEHICLE INCLUDING ITS ACTION.

01:11 - 51.140 >>WOULD YOU LIKE TO MAKE

01:11 - 53.750 A FINAL. WHAT ARE YOU ASKING

01:11 - 56.030 FOR THE FISHER WINERY MAN.

01:12 - 00.570 >>MAN.

01:12 - 03.380 A REVERSAL OF THE GRANT OF

01:12 - 04.940 SUMMARY JUDGMENT IN FAVOR OF

01:12 - 06.210 THE FIRE DEPARTMENT ENTERING

01:12 - 08.550 INTO THE CASE. HE ULTIMATELY TO

01:12 - 11.950 TRIAL. THANK YOU

01:12 - 12.450 VERY MUCH.

01:12 - 15.330 >>THAT CONCLUDES OUR ARGUMENT.

01:12 - 17.440 >>TAKE A SEAT IN

01:12 - 19.250 THE COURTROOM AND SEE THE REAL

01:12 - 20.320 LIFE CASES AFFECTING

01:12 - 22.130 PENNSYLVANIANS TODAY. HEAR THE

01:12 - 23.760 ARGUMENTS FROM BOTH SIDES WITH

01:12 - 26.140 FULL TRANSPARENCY EXCLUSIVELY

01:12 - 28.840 ON PCN WATCH THE COMMONWEALTH

01:12 - 30.810 SUPERIOR AND SUPREME COURTS ON

01:12 - 32.880 CABLE AND THE PCN SELECT

01:12 - 35.590 STREAMING SERVICE. VISIT PCN TV

01:12 - 36.870 DOT COM FOR THE COMPLETE

01:12 - 39.960 SCHEDULE. PCN PENNSYLVANIA

01:12 - 41.650 POLITICS AND POLICY.

01:12 - 47.220 >>WE'RE HERE ON NUMBER

01:12 - 48.530 55 OR VISIT.

01:12 - 51.130 >>UPON WITH HER.

01:12 - 53.660 >>PPL ELECTRIC UTILITIES

01:12 - 56.100 CORPORATION VERSUS THE PUBLIC

01:12 - 57.480 UTILITY COMMISSION.

01:12 - 00.390 >>I HIV HAS 15 MINUTES.

01:13 - 03.050 PPL.

01:13 - 06.760 >>AS PETITIONER MAKERS ARE SOME

01:13 - 08.050 OF THAT 15 MINUTES FOR

01:13 - 10.230 REBUTTAL. THERE ARE NO REBUTTAL

01:13 - 12.320 FOR THOUGH. WELL THE WEST

01:13 - 14.200 AFRICA OR THE PUBLIC UTILITY

01:13 - 17.130 COMMISSION. AND THEY MUST PUT

01:13 - 18.590 THEIR TIME THEY WILL EACH GET

01:13 - 20.570 7.5 MINUTES.

01:13 - 23.420 AND DURING GREGG OR WOULD YOU

01:13 - 24.910 LIKE TO RIVER SOME OF THE YEAR

01:13 - 25.880 15 MINUTES.

01:13 - 28.860 >>3 MINUTES PLEASE YOUR HONOR.

01:13 - 31.790 >>AND YOU MAY

01:13 - 32.390 BE AGAIN.

01:13 - 33.520 >>YOU'RE RIGHT.

01:13 - 35.480 >>THANK YOU YOUR HONOR AND THE

01:13 - 36.240 POLICE THE COURT.

01:13 - 37.980 MY NAME IS DAVID MACGREGOR

01:13 - 39.530 REPRESENTING PPL ELECTRIC

01:13 - 41.150 UTILITIES IN THIS PROCEEDING.

01:13 - 43.820 LIKE TO THANK THE COURT FOR

01:13 - 45.340 PERMITTING ORAL ARGUMENT IN

01:13 - 47.240 THIS CASE AND IN THESE UNUSUAL

01:13 - 49.360 CIRCUMSTANCES. THIS IS A CASE

01:13 - 49.460 OF

01:13 - 51.750 FIRST IMPRESSION. ON AN ISSUE

01:13 - 53.440 WHICH IS FRANKLY CONFOUNDED THE

01:13 - 54.660 COMMISSION AND THE PUBLIC

01:13 - 56.620 UTILITIES ARE SINCE THE STATUTE

01:13 - 57.310 WAS AMENDED OVER

01:13 - 59.750 40 YEARS AGO AND PARTICULARLY

01:13 - 01.910 SINCE 1994 WHEN A DEEPLY

01:14 - 02.990 DIVIDED UP YOU SEE

01:14 - 05.250 IT OPTED A NON BINDING POLICY

01:14 - 07.810 STATEMENT WHICH ON FLEE THOUGHT

01:14 - 09.160 TO CLARIFY THE ISSUES

01:14 - 11.290 JUDICIAL GUIDANCE IS VERY MUCH

01:14 - 12.650 NEEDED ON THIS ISSUE WHICH

01:14 - 14.150 AFFECTS ALL UTILITIES AND THE

01:14 - 16.590 COMMON WELL. YOU ARE AN APPEAL

01:14 - 18.380 WAS ADOPTED BY A 3 TO 2 VOTE

01:14 - 20.580 AND IT MARKED THE FIRST TIME IN

01:14 - 22.330 THE 107 YEAR HISTORY OF

01:14 - 23.830 THE COMMISSION. BUT THE

01:14 - 25.750 COMMISSION REQUIRE CERTIFICATE

01:14 - 26.810 FOR AN INTERNAL CORPORATE

01:14 - 28.770 RESTRUCTURING. THE FIRST TIME

01:14 - 29.800 THE COMMISSION APPLY A

01:14 - 30.970 SUBSTANTIAL AFFIRMATIVE

01:14 - 32.950 BENEFITS TEST AND OF COURSE THE

01:14 - 34.320 FIRST TIME THAT THE COMMISSION

01:14 - 36.480 OF REJECTED IN

01:14 - 38.580 INTERNAL RESTRUCTURING. WE

01:14 - 40.060 BELIEVE THAT THE COMMISSION ARE

01:14 - 41.500 COMMITTED 2 ERRORS OF LAW

01:14 - 43.850 AND THERE WAS A RESULTING UP

01:14 - 45.590 ABUSE OF DISCRETION AS A RESULT

01:14 - 45.680 OF

01:14 - 47.180 THOSE ERRORS. THE FIRST

01:14 - 48.370 QUESTION IS WHETHER A

01:14 - 49.400 CERTIFICATE OF PUBLIC

01:14 - 51.670 CONVENIENCE UP WHAT'S REQUIRED

01:14 - 52.600 IN THIS CASE.

01:14 - 56.890 THE QC CONTENDS ON BRIEF FOR

01:14 - 57.980 THE FIRST TIME THAT

01:14 - 59.970 WE'RE SOMEHOW STOPPED FROM

01:14 - 01.780 MAKING THIS ARGUMENT BECAUSE WE

01:15 - 04.310 FILED FOR CERTIFICATE BELOW.

01:15 - 06.410 THIS IS NOT TRUE IF YOU LOOK AT

01:15 - 07.510 OUR OWN WHICH ASIAN.

01:15 - 09.540 WHEN YOU'RE CONSIDERING THE

01:15 - 11.460 CASE SAID REPRODUCED RECORD 19

01:15 - 13.120 8 TO 27 A.

01:15 - 15.960 WE ASKED FOR ALL NECESSARY

01:15 - 18.760 APPROVALS. WE DID NOT ASK FOR A

01:15 - 19.990 CERTIFICATE OF PUBLIC

01:15 - 22.450 CONVENIENCE SPECIFICALLY AND WE

01:15 - 24.760 DIDN'T DO SO FOR A REASON THE

01:15 - 26.750 PCS NON BINDING POLICY

01:15 - 28.440 STATEMENT SEEMS TO SAY

01:15 - 30.630 CERTIFICATES REQUIRED BUT THE

01:15 - 32.240 STATUTE DOES NOT REQUIRE

01:15 - 34.340 INTERVIEW AND IN FACT AS I SAID

01:15 - 35.250 THE COMMISSION HAS NEVER

01:15 - 37.560 REQUIRE CERTIFICATE BEFORE FOR

01:15 - 38.050 THIS KIND

01:15 - 40.730 OF TRANSACTION. SO WHAT DID WE

01:15 - 42.980 DO WHAT HE DID HE HEARD.

01:15 - 44.100 >>PRESIDENT BUSH.

01:15 - 47.330 >>A LOT OF THE PUBLIC UTILITY

01:15 - 49.490 COAT SAY WORKERS BACK

01:15 - 52.790 TO CORPORATE REORGANIZATION OF

01:15 - 53.890 PUBLIC UTILITY.

01:15 - 55.910 >>AND I COME FROM AN INSURANCE

01:15 - 57.170 BACKGROUND, THERE IS VERY

01:15 - 59.580 DIRECT AND I EXPRESSED.

01:16 - 02.390 >>STANDARD GIVEN BY

01:16 - 04.650 THE LEGISLATURE WITH RESPECT TO

01:16 - 06.580 CORPORATE REORGANIZATION OF

01:16 - 08.100 INSURANCE COMPANIES WITHIN A

01:16 - 10.070 HOLDING COMPANY THAT IS WHAT

01:16 - 12.080 THE PUBLIC UTILITY COACH SAY.

01:16 - 15.080 >>SECTION 11 '02 A 3 OF THE

01:16 - 15.650 CODE

01:16 - 18.050 ADDRESSES THIS AND IT IS

01:16 - 19.930 UNFORTUNATELY THOUGHT PERHAPS

01:16 - 21.470 NOT AS CLEAR AS THE INSURANCE

01:16 - 23.410 CODE. WHAT IT SAID WAS

01:16 - 24.890 IS THAT YOU HAVE TO GET A

01:16 - 25.990 CERTIFICATE OF PUBLIC

01:16 - 28.160 CONVENIENCE BEFORE YOU CAN

01:16 - 31.510 TRANSFER TITLE THE SESSION

01:16 - 33.610 OR USE PUBLIC

01:16 - 35.800 UTILITY PROPERTY. I

01:16 - 38.580 ANY MEANS INCLUDING A SALE

01:16 - 42.770 START MERGER ET CETERA. AND

01:16 - 43.380 THAT'S HARD

01:16 - 46.360 THE DECISION. IN THIS CASE AT

01:16 - 46.820 ALL.

01:16 - 52.080 TITLE DOES ACTION OR USE.

01:16 - 54.920 THERE WAS IF

01:16 - 55.310 YOU WOULD.

01:16 - 57.170 BUT YOU CAN LOOK AT IT NOW OR

01:16 - 58.550 LATER, BUT I CAN BASICALLY

01:16 - 00.720 DESCRIBE IT ON PAGES 4 OR 5 OF

01:17 - 02.880 THE COMMISSION'S ORDER. THEY

01:17 - 04.930 HAVE A BEFORE AND AFTER OF THE

01:17 - 06.800 REORGANIZATION RESTRUCTURING

01:17 - 08.890 HERE AND BEFORE

01:17 - 11.970 WE HAVE PARENT COMPANY PPL

01:17 - 14.080 CORPORATION. THAT'S THE TOP AND

01:17 - 14.510 THEY WANTED

01:17 - 16.220 THIS OFF PARADING SUBSIDIARY

01:17 - 18.950 SAYS PPL ELECTRIC UTILITIES AND

01:17 - 21.010 WHAT WE'RE PROPOSING TO DO HERE

01:17 - 22.690 IS TO INSERT

01:17 - 24.970 BETWEEN PPL ELECTRIC AND

01:17 - 27.810 PPL CORPORATION 2 INTERMEDIATE

01:17 - 30.510 HOLDING COMPANIES. AND WE'RE

01:17 - 30.850 DOING

01:17 - 35.900 TO MAKE IT EASIER TO MOVE CASH

01:17 - 38.080 BETWEEN THE SUBSIDIARIES.

01:17 - 41.150 TO PPL AND OUT PPL AND MOVE

01:17 - 42.560 MONEY AROUND TO WORK

01:17 - 47.770 >>INTERRUPT I WE'VE ALL I

01:17 - 48.920 THINK WE'RE ALL VERY FAMILIAR

01:17 - 50.280 WITH WHAT YOU'RE TRYING TO DO

01:17 - 51.680 AND AND TRY

01:17 - 53.350 IT'S ALWAYS MYSTIFIED MEAN THIS

01:17 - 54.670 IS WHY NEVER BECAME A CORPORATE

01:17 - 56.040 LAWYER AS TO WHY THIS HAS TO BE

01:17 - 57.080 SO COMPLICATED.

01:17 - 59.030 BUT IT'S THE HOLDING COMPANY

01:17 - 00.810 SYSTEMS PROVIDE TAX BENEFIT

01:18 - 02.200 THEM LIABILITY BENEFIT WHEN I

01:18 - 04.050 GET IT. BUT THE BOTTOM LINE IS

01:18 - 05.010 WHAT YOU'RE PROPOSING IS TO

01:18 - 07.370 CREATE 2 NEW ENTITY VICTIM

01:18 - 08.880 BETWEEN THE PARENT AND THE

01:18 - 10.620 ELECTRIC UTILITY THOSE

01:18 - 11.740 ACTIVITIES ARE SEPARATE

01:18 - 13.240 ENTITIES IN AND OF THEMSELVES.

01:18 - 14.560 AND WHAT YOU'RE DOING IS

01:18 - 16.950 STOCK TRANSFER. YOU'RE SENDING

01:18 - 18.510 STOCKS DOWN STREAM TO THESE 2

01:18 - 20.470 COMPANIES SO I DON'T KNOW HOW

01:18 - 21.760 YOU GET AROUND THE STATUTORY

01:18 - 23.780 LANGUAGE USED TO BE ARGUING.

01:18 - 26.660 I'M IN FAVOR OF AN EXEMPTION

01:18 - 29.200 OR HOLDING COMPANY SYSTEM THAT

01:18 - 30.620 DOES NOT INCLUDE THAT IN THE

01:18 - 33.660 IS HE EVEN IN THE INSURANCE

01:18 - 34.670 DEPARTMENT LAW THE PRESIDENT

01:18 - 35.990 JUDGE WHETHER REFERENCE THERE

01:18 - 36.070 IS

01:18 - 38.100 NO EXEMPTION. THERE'S THERE'S

01:18 - 39.390 HOLDING COMPANY TRANSACTIONS

01:18 - 40.380 AND THEN WHEN YOU TRANSFER

01:18 - 41.780 BETWEEN SUBSIDIARIES AND THINGS

01:18 - 42.760 LIKE THAT YOU STILL NEED TO

01:18 - 44.290 HAVE REGULATORY APPROVAL, EVEN

01:18 - 45.440 THOUGH ULTIMATE CONTROL OF HIS

01:18 - 46.610 DEAL WITH THE HIRE COMPANY.

01:18 - 48.920 I THINK YOU'RE BETTER ARGUMENT

01:18 - 49.480 IS WHAT THE

01:18 - 52.600 BIG DEAL. I YOU KNOW WHICH IS

01:18 - 53.910 WHICH THIS WHOLE

01:18 - 55.730 STANDARD THING THAT THE PEAS BE

01:18 - 58.300 APPLIED THE STANDARD IN THE DAD

01:18 - 01.200 SHOE IS I BELIEVE IT NECESSARY

01:19 - 02.900 FOR HER PROPER.

01:19 - 06.380 AND IT SEEMED TO ME THAT THIS

01:19 - 07.980 IS IN ARGUABLY

01:19 - 10.290 ENTIRELY PROPER IN MAY NOT BE

01:19 - 12.230 NECESSARY FROM MIGHT PROVIDE A

01:19 - 13.890 UTILITY SERVICE HAS GOT NOTHING

01:19 - 15.230 IS REALLY GOING TO CHANGE.

01:19 - 17.460 BUT IT'S FROM A CORPORATE

01:19 - 20.240 PERSPECTIVE. I DON'T KNOW HOW

01:19 - 21.420 THE PEAK COULD BE COULD SAY

01:19 - 23.750 IT'S NOT PROPER AND THAT SEEMS

01:19 - 24.720 TO ME TO BE WHERE YOUR BEST

01:19 - 25.500 ARGUMENT LIVES.

01:19 - 35.180 >>WHICH ONE MAY BE GETTING

01:19 - 36.450 BACK TO WHAT JUDGE ROUND

01:19 - 37.960 CONTEST HOW DO YOU GET AROUND

01:19 - 39.100 THE FACT THAT YOU'RE NOT.

01:19 - 41.460 >>CHANGING TITLE TO THE UTILITY

01:19 - 41.900 PROBLEM.

01:19 - 44.810 OKAY, AID MAYBE EVEN THOUGH

01:19 - 46.580 THAT THE NEW COMPANY IS OWNED

01:19 - 47.770 BY THE PARENT, IT IS

01:19 - 49.070 TRANSFERRING THE TITLE

01:19 - 49.460 RIGHT.

01:19 - 52.940 >>OKAY, 2 POINTS FIRST

01:19 - 55.180 OF ALL THERE IS NO TRANSFER OF

01:19 - 57.520 TITLE POSSESSION OR USE TITLE

01:19 - 58.710 POSSESSION AND USE OF THE

01:19 - 59.040 PUBLIC

01:19 - 01.300 UTILITY PROPERTY ISN'T PPL

01:20 - 03.170 ELECTRIC UTILITIES BUT FOR HIM

01:20 - 04.500 IT'S AND PPL ELECTRIC

01:20 - 05.230 UTILITIES.

01:20 - 08.230 SO THE ONLY ISSUE IS WHETHER

01:20 - 10.640 THERE'S BEN A SALE OF STOCK.

01:20 - 13.180 RESULTS CAN

01:20 - 16.110 A TRANSFER TITLE POSSESSION OR

01:20 - 18.160 USE OF PUBLIC UTILITY PROPERTY.

01:20 - 21.810 THE STATUTE DOESN'T APPLY TO

01:20 - 22.020 ALL

01:20 - 23.710 STOCK SALES. AND I DON'T KNOW

01:20 - 25.170 WHAT THE INSURANCE CODE APPLIES

01:20 - 27.450 TO OR DOESN'T LIKE BECAUSE IT

01:20 - 28.530 ONLY APPLIES.

01:20 - 30.910 >>THE SKEWERS TANGIBLE AND

01:20 - 32.130 INTANGIBLE PROPERTY

01:20 - 34.630 CHANCE FOR AND IF YOU USE YOUR

01:20 - 35.830 KNOWLEDGE EATING THAT THERE IS

01:20 - 37.590 A CHANCE FOR STOCK WHY WOULD

01:20 - 38.410 THAT BE COVERED

01:20 - 40.490 ISN'T THERE. ALSO DE FACTO

01:20 - 41.670 CONTROL.

01:20 - 44.340 >>TRANSFER THAT'S BEING MADE

01:20 - 46.380 HERE BY SWITCHING IT. YES USE

01:20 - 47.460 YOUR NOTING THAT

01:20 - 53.440 WASH WHEN YOU SHAKE

01:20 - 58.400 AND MOST 3RD QUESTION IF YOU

01:20 - 59.640 CAN ANSWER THOSE QUESTIONS

01:20 - 01.130 ABOUT THE TRANSFER OF THE STOCK

01:21 - 02.980 IS BEING CHANCE FOR AN INCLUDED

01:21 - 04.530 IN TANGIBLE OR INTANGIBLE

01:21 - 06.780 THE DE FACTO CONTROL THAT IS

01:21 - 07.420 GOING TO.

01:21 - 09.900 CHANGED ITS GOING TO HAPPEN

01:21 - 11.320 HERE BY THIS RESTRUCTURING

01:21 - 14.350 AND I'M PLAYING WELL TOGETHER

01:21 - 15.860 SO WE DON'T TAKE 2 MAJORS.

01:21 - 17.760 THE LAST ONE IS CAN YOU ADDRESS

01:21 - 18.100 CITY

01:21 - 20.190 OF YORK AND THE STANDARD THAT

01:21 - 21.540 THERE HAS TO BE INFORMATIVE

01:21 - 23.150 PUBLIC BENEFIT WHICH THEY FOUND

01:21 - 26.520 WAS NOT HERE. CAN ADDRESS ALL

01:21 - 27.380 OF THOSE UP.

01:21 - 33.660 >>THAT THE

01:21 - 35.100 STATUTE DOES APPLY TO START

01:21 - 36.140 TRANSFERS

01:21 - 41.990 THE ARGUMENT IS AS FOLLOWS.

01:21 - 45.900 O AND THE COMMISSION USES THIS

01:21 - 47.570 DE FACTO CONTROL THROUGHOUT

01:21 - 49.950 ITS ORDER. AND IT APPEARS IN

01:21 - 51.710 THE POLICY STATEMENT AND

01:21 - 53.130 TO ME I

01:21 - 55.570 YOU KNOW. DE FACTO IT IS A

01:21 - 57.310 LATIN PHRASE WHAT IT MEANS IN

01:21 - 00.630 ENGLISH IS A MATTER OF FACT OR

01:22 - 03.370 AS A PRACTICAL MATTER. AND OUR

01:22 - 04.030 POSITION

01:22 - 06.440 IS THAT US A LOOK AT THE

01:22 - 07.680 CREATION OF THESE 2

01:22 - 09.750 INTERMEDIATE. AFFILIATE.

01:22 - 15.080 A DE FACTO CHANGE OF CONTROL

01:22 - 16.570 IT'S NOT A CHANGE OF CONTROL AS

01:22 - 18.260 A MATTER OF FACT IT'S NOT A

01:22 - 19.390 CHANGE OF CONTROL AS A

01:22 - 21.080 PRACTICAL MATTER AS A MATTER

01:22 - 22.860 OF FACT THAT IS A PRIVATE

01:22 - 26.230 MATTER DE FACTO CONTROL REMAINS

01:22 - 27.830 AND PPL CORPORATION

01:22 - 31.180 O 4 AND AFTER THE TRANSACTION

01:22 - 34.140 WE DON'T BELIEVE IT'S

01:22 - 35.000 JURISDICTIONAL

01:22 - 38.150 AND WE LAID OUT ON GREECE AND I

01:22 - 39.700 I THINK I'LL MOVE ON TO THIS

01:22 - 41.310 CITY OF YORK UP ARGUMENT AT

01:22 - 42.990 THIS POINT UNLESS THE COURT AS

01:22 - 43.540 FOR THE QUESTION.

01:22 - 50.300 ALL THE SUBSTANTIAL JUST JUST.

01:22 - 56.090 THE COMMISSION CLEARLY APPLIED

01:22 - 57.850 THE WRONG STANDARD HERE AND

01:22 - 59.110 THERE WAS A MISUNDERSTANDING BY

01:22 - 00.040 THE COMMISSION AND THAT

01:23 - 02.800 IT BELIEVED THAT IT WAS LEGALLY

01:23 - 05.080 REQUIRED BY THE SUPREME COURT

01:23 - 07.000 DECISION IN NEW YORK AND THEN A

01:23 - 08.250 T N T TO

01:23 - 10.660 SUPPLY US APPLY A SUBSTANTIAL

01:23 - 12.200 AFFIRMATIVE BENEFITS TEST.

01:23 - 14.480 IN OUR VIEW THAT'S NOT THE CASE

01:23 - 16.300 BOTH OF THESE CASES IT'S

01:23 - 18.800 ALL CLEAR CHANGES OF CONTROL

01:23 - 20.250 SALE TO A 3RD

01:23 - 22.450 40 NEW OWNERSHIP. A

01:23 - 25.700 SUBSTANTIAL TRANSACTION WHICH

01:23 - 27.600 YOU KNOW WHO REALLY SHOULD

01:23 - 30.010 REQUIRE SUBSTANTIAL AFFIRMATIVE

01:23 - 31.310 DEFENSE BEFORE IT'S GOING TO BE

01:23 - 31.950 APPROVED.

01:23 - 35.540 IN OUR CASE THAT THIS JUDGE

01:23 - 36.540 FROSTED INDICATED

01:23 - 38.490 THIS IS ESSENTIALLY NOTHING

01:23 - 40.300 IT'S ASSERTING ARE A COUPLE OF

01:23 - 41.330 HOLDING COMPANIES

01:23 - 42.630 IN THE MIDDLE OF A HOLDING

01:23 - 44.090 COMPANY CHANGED TO DO MORE

01:23 - 45.760 EFFICIENT TAX PLANNING.

01:23 - 48.630 YOU KNOW THE NECESSARY OR

01:23 - 50.330 PROPER STANDARD IS WORK LIVES

01:23 - 51.630 HERE AND WE BELIEVE THIS WAS

01:23 - 52.060 CLEARLY.

01:23 - 57.370 THAT THE

01:23 - 59.000 NECESSARY OR PROPER STANDARD

01:23 - 00.520 THAT JUDGE PROPS IN REFERENCE

01:24 - 02.020 THAT APPEARS 3 TIMES IN THE

01:24 - 02.310 PUBLIC

01:24 - 05.350 UTILITY CODE SECTION 11 OH 3.15

01:24 - 06.150 OH ONE

01:24 - 08.800 AND 23 '02. IT ALSO APPEARS OF

01:24 - 10.390 SECTION 1511 OF THE BUSINESS

01:24 - 12.260 CORPORATION LAW WITH RESPECT

01:24 - 14.390 IMMINENT DOMAIN. AND THE

01:24 - 16.250 COMMISSION HAS UNDOUBTED BEST

01:24 - 17.760 ISSUE THOUSANDS OF ORDERS

01:24 - 20.320 CLIMBED THE STANDARD AND IT'S

01:24 - 20.820 NOW.

01:24 - 23.300 EXCEPT IN THE CASE WHERE

01:24 - 24.850 THERE'S A CLEAR CHANGE OF

01:24 - 26.680 OWNERSHIP WE GOT NEW OWNERS,

01:24 - 28.780 THE STREETS OF CONTROL.

01:24 - 30.220 THEY NEVER APPLIED THE

01:24 - 32.050 SUBSTANTIAL FROM THE EFFECTS

01:24 - 35.120 TEST EXCEPT TO THOSE CASES SO

01:24 - 36.720 WE THINK THE CONCLUSION THAT

01:24 - 38.750 THE COMMISSION TO APPLY THE

01:24 - 39.610 STANDARD.

01:24 - 41.310 TO AN INTERNAL

01:24 - 43.550 CORPORATE RESTRUCTURING IS JUST

01:24 - 45.840 WRONG END UP GETTING TO JUDGE

01:24 - 46.260 PROPS AND

01:24 - 48.140 FURTHER COMMENT. IF YOU LOOK AT

01:24 - 49.790 THE RESULT OF THIS I MEAN WE'RE

01:24 - 50.480 TALKING ABOUT

01:24 - 52.190 AN INTERNAL CORPORATE

01:24 - 54.020 RESTRUCTURING BY THEIR VERY

01:24 - 55.800 NATURE OF THEIR SMALLER SCALE

01:24 - 57.780 INTERNAL TRANSACTIONS THAT

01:24 - 59.300 GOAL. IT REALLY AFFECT

01:24 - 00.710 OPERATIONS AND MANAGEMENT.

01:25 - 03.710 THEY DON'T PRODUCE A DO A LOT

01:25 - 05.240 OF HARM'S AND YOU

01:25 - 08.600 ME HERE, BUT LET'S SAY WE AGREE

01:25 - 10.300 WITH YOU AND I I HAVE THE SAME

01:25 - 11.840 PERSPECTIVE IS JUST A DROP IN

01:25 - 13.110 ON THIS CASE THAT THIS.

01:25 - 13.880 >>IS YOUR

01:25 - 16.050 BETTER ARGUMENT. EVEN IN

01:25 - 17.380 HEARING YOU TALK ABOUT THE

01:25 - 18.780 ARGUMENT IS STILL SEEM TO GO

01:25 - 20.570 BACK THAT THERE WAS A SALE OR

01:25 - 22.790 TRANSFER. LET'S SAY WE AGREE

01:25 - 25.170 WITH YOU THAT THIS WASN'T

01:25 - 26.460 THE RIGHT STANDARD. WHAT WAS

01:25 - 27.400 REALLY WANT.

01:25 - 32.550 >>YOU COULD DO ONE OF

01:25 - 35.170 2 THINGS. THE STANDARD

01:25 - 37.100 COMMISSION HAS A STANDARD IN

01:25 - 38.810 ITS POLICY STATEMENT FOR

01:25 - 40.210 INTERNAL RESTRUCTURING.

01:25 - 41.480 >>THE SERIES.

01:25 - 43.660 >>IT IS THE NO HARM STANDARD.

01:25 - 46.430 I KNOW OF NO MATERIAL

01:25 - 48.080 IMPACT ON 2 OF THE

01:25 - 50.560 MANAGEMENT OPERATIONS. THAT'S

01:25 - 52.220 THE STANDARD WE THINK THAT I

01:25 - 54.800 COULD APPLY. IT IS UNCONTESTED

01:25 - 57.520 WELL THERE'S HARM. THIS IS WHAT

01:25 - 59.790 A REAL EFFECT ON UP MANAGEMENT

01:25 - 00.810 AND OPERATIONS.

01:26 - 03.090 SO I THINK THIS COURT COULD SAY

01:26 - 04.360 THAT THE PROPER STANDARD

01:26 - 07.080 IS THE NO HARM STANDARD AND A

01:26 - 07.620 REVERSE THE

01:26 - 09.580 COMMISSION'S ORDER IT'S

01:26 - 11.310 UNCONTESTED BELOW THAT THERE'S

01:26 - 13.670 ANY HARM. IF YOU'RE GOING TO

01:26 - 16.200 DO THAT WE SHOULD REMAND FOR

01:26 - 17.760 THE COURT SO FOR MISSION

01:26 - 19.090 POSSIBLE RIPPLE.

01:26 - 19.810 >>I'M A

01:26 - 22.990 >>I I'M ROUTINELY AND I

01:26 - 24.420 WANT TO MAKE SURE I UNDERSTAND

01:26 - 25.630 WE'RE SAYING ARE YOU SAYING YOU

01:26 - 27.730 WANTED TO ADOPT THE STANDARD

01:26 - 29.920 CREATED BY THE PEW BE IN A

01:26 - 30.950 POLICY STATEMENT.

01:26 - 38.720 >>OR DO YOU WANT US TO PAY IS

01:26 - 40.430 TO BE OUT THERE GO

01:26 - 41.250 BUT REVEALED.

01:26 - 43.790 >>SOCCER.

01:26 - 47.400 BECAUSE OF THE FERRY OR PROPER

01:26 - 49.170 FOR WHAT THEY SAY IS A POLICY

01:26 - 50.370 STATEMENT WHICH ONE WOULD YOU

01:26 - 50.800 LIKE.

01:27 - 01.980 >>SAY THAT THE NECESSARY WORK

01:27 - 04.810 PER STANDARD. IT WAS THE

01:27 - 06.230 STATUTORY STANDARD.

01:27 - 09.370 SUBSTANTIAL PERMITTED THAT'S

01:27 - 11.870 TEST. IT IS NOT THE APPROPRIATE

01:27 - 13.830 STANDARD FOR INTERNAL

01:27 - 16.480 RESTRUCTURE TURN. AND UP.

01:27 - 19.420 IF YOU ARE WILLING TO DO SO I

01:27 - 21.000 WOULD JOB. YES THAT YOU

01:27 - 22.440 ESTABLISH A NO HARM STANDARD

01:27 - 23.130 BUT I

01:27 - 25.720 CAN SEE PROBABLY THAT THE CASE

01:27 - 26.920 WOULD BE REMANDED FOR

01:27 - 31.700 THE I USED TO MY ISSUE IS PIECE

01:27 - 31.790 OF

01:27 - 32.600 PAPER WEIGHTS.

01:27 - 34.720 >>THEY THEY THEY ARE NOT WORTH

01:27 - 36.070 THE PAPER THEY'RE WRITTEN ON

01:27 - 38.100 THE AGENCY HAS TO BASICALLY IN

01:27 - 39.690 CONTEXT OF LITIGATION SUPPORT

01:27 - 41.650 THEIR INTERPRETATIONS AT THAT

01:27 - 43.060 POINT IN THE POLICY STATEMENT I

01:27 - 43.780 WANT TO MAKE SURE YOU

01:27 - 46.380 WERE CONCEDING THE PEW THE

01:27 - 48.390 POLICY STATEMENT AS AN ACCURATE

01:27 - 50.400 STATEMENT OF THE LAW.

01:27 - 53.060 >>I UNDERSTAND I DON'T KNOW

01:27 - 53.970 SHORT FOR UP

01:27 - 56.840 MY GUN SISTER FOR HER YES

01:27 - 58.200 THAT'S RIGHT THE BALL, YOUR

01:27 - 59.640 POLICY STATEMENTS NOT FINDING

01:27 - 00.910 THAT'S ESSENTIALLY NOTHING IN

01:28 - 02.080 TERMS OF THIS NATION

01:28 - 05.100 TO THE CASE SHOULD BE REMANDED

01:28 - 06.270 TO APPLY THEM TO SERVE YOUR

01:28 - 06.820 PARTNERSHIP.

01:28 - 13.870 >>ALL RIGHT WE WILL HEAR NOW

01:28 - 17.000 FOR US. MINISTER'S COMMENTS.

01:28 - 17.820 I MAY HAVE

01:28 - 21.410 >>HERE TO STAY. YEAH, 7 AND A

01:28 - 21.930 HALF MINUTE.

01:28 - 25.070 >>I'M ABC'S THE COURT. MY NAME

01:28 - 26.020 IS SCOTT THOMAS AND I'M

01:28 - 27.420 REPRESENTING THE PUBLIC UTILITY

01:28 - 28.670 COMMISSION IN THIS MATTER HERE

01:28 - 29.130 TODAY.

01:28 - 31.990 THE COMMISSION'S DENIAL

01:28 - 33.750 APPEALS APPLICATION WAS

01:28 - 35.050 APPROPRIATE AND SHOULD BE

01:28 - 36.940 AFFIRMED BY THIS COURT BECAUSE

01:28 - 37.910 IT DIDN'T VIOLATE THE

01:28 - 38.860 CONSTITUTION OR

01:28 - 41.160 THE LAW AND BECAUSE IT WAS

01:28 - 42.660 SUPPORTED BY SUBSTANTIAL

01:28 - 43.690 EVIDENCE IN THE RECORD.

01:28 - 45.820 AND HERE TO DISCUSS 3 MAIN

01:28 - 46.630 POINTS TODAY

01:28 - 48.540 THAT IS FIRST THE COMMISSION

01:28 - 50.050 PROPERLY DETERMINED THAT A

01:28 - 51.740 CERTIFICATE WAS REQUIRED FOR

01:28 - 51.910 THIS

01:28 - 54.580 PROPOSED STRUCTURE. SECOND THE

01:28 - 56.160 COMMISSION PROPERLY APPLY THE

01:28 - 57.470 AFFIRMATIVE ONLY BENEFIT

01:28 - 59.110 STANDARD TO THE AP ASIAN.

01:28 - 00.790 A 3RD OF THE COMMISSION

01:29 - 03.500 PROPERLY DETERMINED THAT PPL

01:29 - 04.710 AND FAILED TO MEET ITS BURDEN

01:29 - 06.590 OF ESTABLISHING A FIRM FROM THE

01:29 - 08.370 PUBLIC BENEFITS. THERE WERE THE

01:29 - 09.910 COMMISSION PROPERLY DENIED THE

01:29 - 10.750 APPLICATION.

01:29 - 13.840 THE CERTIFICATE IS REQUIRED

01:29 - 15.030 UNDER THE PLAIN LANGUAGE OF

01:29 - 17.620 SECTION 11 '02 A 3 WHICH WOULD

01:29 - 18.050 APPLY

01:29 - 21.010 TO TRANSFERS BY ANY METHOD,

01:29 - 22.680 INCLUDING A CONSOLIDATION

01:29 - 24.830 OR MERGER. IT DOES NOT AS

01:29 - 26.890 PPL SUGGESTS WOMEN OF THE OTHER

01:29 - 28.170 THINGS ON THIS IS NOT A

01:29 - 29.800 CONSOLIDATION OR MERGER.

01:29 - 33.610 >>YOU KNOW THIS IS A LOT MORE

01:29 - 34.380 OF A BREAKUP.

01:29 - 38.310 DEAN CONSOLIDATION.

01:29 - 40.850 >>YOU KNOW, BUT THE LANGUAGE.

01:29 - 44.880 BY ANY MEASURE THE INCLUDING A

01:29 - 46.220 CONSOLIDATION OF MURDER AND

01:29 - 48.430 DOESN'T OWN LIMITS ON SALT.

01:29 - 50.000 >>MISTER THOMAS CAN I ASK YOU.

01:29 - 52.320 WHAT EXACTLY WAS TRANSFERRED

01:29 - 54.020 HERE THE TITLE IS STILL

01:29 - 54.470 REMAINING

01:29 - 56.990 THIS ELECTRIC. IF YOU'RE

01:29 - 58.850 HOLDING STILL HAS THE ULTIMATE

01:29 - 00.420 CONTROL. SO

01:30 - 02.230 JUST I NEED YOU TO PLEASE

01:30 - 03.230 CLARIFY WHAT

01:30 - 05.990 EXACTLY WAS CHANNEL YOUR INNER

01:30 - 07.960 AND TANGIBLY TRANSFERRED.

01:30 - 10.480 IT REQUIRES THEM. BUT IF IT.

01:30 - 13.540 >>100 AND

01:30 - 16.530 OF THESE. OF PPL ELECTRIC WAS

01:30 - 18.390 TRANSFERRED TO.

01:30 - 21.650 2 NEW COMPANIES ULTIMATELY

01:30 - 22.330 ENDING UP.

01:30 - 24.030 >>IN THE SECOND

01:30 - 27.880 NEW COMPANY PPL ENERGY HOLD SHE

01:30 - 29.170 DIED FROM PPL COURT A

01:30 - 30.360 SUBSIDIARY HOLDING.

01:30 - 32.730 >>PPL ENERGY HOLDINGS WHICH

01:30 - 32.990 WOULD.

01:30 - 37.440 >>A 100% OF THE SHARES OF

01:30 - 38.620 ELECTRIC

01:30 - 41.390 WE HEARD 2 SEPARATE AND

01:30 - 43.410 DISTINCT COMPANIES UNDER THE

01:30 - 50.820 CITIES SUCH TRANSFER.

01:30 - 54.600 THERE IS A POLICY THAT APPLIES

01:30 - 55.750 TO S TURNELL AN

01:30 - 58.410 INTERNAL EVENTS AND WHAT

01:30 - 00.000 HAPPENS IS THE POLICY THAT

01:31 - 01.060 APPLIES.

01:31 - 02.830 >>AND CONSIDERS A CHANGE IN

01:31 - 04.860 CONTROL OF THE CHILLY TO BE A

01:31 - 05.620 TRANSFER OF

01:31 - 06.690 UTILITY PROPERTY.

01:31 - 09.480 >>THAT WAS THE POLICY HERE.

01:31 - 12.830 SHE STATEMENT DICTATE WHAT'S

01:31 - 14.720 GOING TO TRANSPIRE HERE WHEN

01:31 - 16.390 IT'S IT'S NOT A LAW IT'S NOT A

01:31 - 18.790 REGULATION REGULATION WOULD BE

01:31 - 19.230 LAW.

01:31 - 23.240 >>THE COMMISSION INTERPRETATION

01:31 - 25.180 OF THE LAW. IF YOU BELIEVE THE

01:31 - 27.720 HYPE. PRINCE THE LAW

01:31 - 29.390 11 '02. WE'VE GOT

01:31 - 32.880 A LAW 11 OH 2.83, YES THAT IT

01:31 - 34.520 IS IN LIMITED

01:31 - 36.840 TO MERGERS AND ACQUISITIONS

01:31 - 38.500 INVOLVING OUTSIDE 3RD PARTIES.

01:31 - 41.390 IT APPLIES TRANSFERS TO ANY

01:31 - 43.500 PERSON OR CORPORATION DOESN'T

01:31 - 45.400 THE U MISTER THOMAS

01:31 - 46.620 WALKER GREW.

01:31 - 49.270 >>THE STATUTE IS SET FOR ANY

01:31 - 52.090 PUBLIC UTILITY OR AN AFFILIATE.

01:31 - 54.480 BILLY IS INTERESTING ABOUT

01:31 - 56.690 PUBLIC UTILITY. SO WHO'S THAT

01:31 - 58.730 PARTY IN THE TRANSACTION.

01:32 - 02.060 >>AND UTILITIES

01:32 - 03.420 PPL ELECTRIC

01:32 - 06.670 BUT IS THE AFFILIATE INTRO FOR

01:32 - 08.010 THE PARENT COMPANY

01:32 - 09.570 PPL CORPORATION'S.

01:32 - 11.550 >>WE DIDN'T TRUST WOULD BE ANY

01:32 - 13.160 PARENT OR GRANDPARENT COMPANY.

01:32 - 13.580 YES.

01:32 - 18.070 >>OR ANY DOUBT IF THE

01:32 - 21.300 PARENT TO CHOIR ORDER TO

01:32 - 22.760 TRANSFER TO.

01:32 - 26.270 BUT HIGH.

01:32 - 29.510 >>WELL WHAT WHERE THE

01:32 - 32.230 STOCK OF THE UTILITY TARGETED.

01:32 - 35.800 IN THE IN THE CAUSE.

01:32 - 41.150 >>WELL THE POSSESSION OR USE OF

01:32 - 43.430 ANY TANGIBLE OR INTANGIBLE THE

01:32 - 44.860 USUAL INTO PUBLIC SERVICE.

01:32 - 47.510 >>AND THAT STOCK IN YOURSELF.

01:32 - 51.000 STOCKING PPL

01:32 - 52.570 ELECTRIC BUSINESS SEPARATE

01:32 - 54.540 COMPANY, IT'S NOT IT'S NOT.

01:32 - 56.760 STOCK IN IT FELL. IT

01:32 - 59.100 A SEPARATE AND INDEPENDENT

01:32 - 59.690 COMPANY.

01:33 - 08.390 >>SO THERE'S THAT TOO SO

01:33 - 09.640 THERE'S 2 TYPES OF ACQUISITIONS

01:33 - 10.740 THAT CAN HAPPEN CORPORATELY

01:33 - 12.250 RIGHT YOU'RE A COMPANY CAN

01:33 - 12.790 ACQUIRE

01:33 - 15.080 THE STOCK. I'M HOLDING COMPANY

01:33 - 18.020 AND THEREBY ACQUIRE THE TO

01:33 - 19.650 CONTROLLING INTEREST IN THE IN

01:33 - 21.030 THE XT THAT WHAT THE PURCHASE

01:33 - 22.630 OR CAN PURCHASE ASSET.

01:33 - 26.270 SO I THINK THIS IS I THINK THIS

01:33 - 28.130 IS BACK YOU DEALS

01:33 - 30.910 BROADLY WITH ACQUISITION THEY

01:33 - 32.190 WERE CONTROL UNLIKE THE

01:33 - 33.490 INSURANCE COMPANY LAW.

01:33 - 34.950 BUT IT DOES REFERENCE

01:33 - 37.230 THE ACQUISITION OF THE ASSETS

01:33 - 39.150 BY ANY MEANS INCLUDING BY

01:33 - 40.220 PURCHASING THE STOCK OF THE

01:33 - 41.490 COMPANY THAT PUT THE PUBLIC

01:33 - 43.870 UTILITY ISN'T THAT YOUR POINT.

01:33 - 47.280 YES OLD WAY I COULD BE AN ASSET

01:33 - 48.620 PURCHASE OR.

01:33 - 50.770 OR AN INDIRECT PURCHASED BY

01:33 - 51.780 PERCENT OF STOCK.

01:33 - 57.460 >>AND THAT PROBABLY WAS THE

01:33 - 58.710 INTENTION OF THE GENERAL

01:33 - 00.100 ASSEMBLY BUT THE THING WE'RE

01:34 - 01.850 JUST AFTER THIS VERY DIFFICULT

01:34 - 02.440 TO PARSE

01:34 - 05.390 BECAUSE WHAT THEY CAN WHAT WHAT

01:34 - 05.550 THE

01:34 - 07.930 AFFILIATE INTEREST CAN TRANSFER

01:34 - 10.380 IT TITLE TO PROPERTY USED IN

01:34 - 12.130 THE PUBLIC SERVICE. SO MY

01:34 - 15.160 QUESTION IS HOW THE STOCK IN

01:34 - 16.730 THE PUBLIC UTILITY.

01:34 - 18.280 HOW IS

01:34 - 20.840 THAT NEWS IN AN HOUR HOW IS

01:34 - 22.550 THAT USEFUL IN PROVIDING THE

01:34 - 23.420 PUBLIC SERVICE.

01:34 - 26.870 >>WELL THE STOCKS LEFT

01:34 - 28.570 RESIDENTS OF THE PUBLIC UTILITY

01:34 - 29.220 AND SELL.

01:34 - 29.970 >>I

01:34 - 31.930 UNDERSTAND THAT. NOW HOW IS

01:34 - 33.490 THAT USEFUL TO THE PUBLIC

01:34 - 34.500 UTILITY.

01:34 - 39.930 AND SURVIVING A

01:34 - 40.930 PUBLIC PURPOSE.

01:34 - 43.960 >>WELL THE

01:34 - 45.730 PUBLIC UTILITY ITSELF IS

01:34 - 47.190 PROVIDING THE PUBLIC SERVICE A

01:34 - 49.670 MESS. THAT'S WHY THAT'S WHY.

01:34 - 51.090 AND THEN THE

01:34 - 52.610 CONFUSION THAT YOU'RE YOU'RE

01:34 - 54.530 TALKING ABOUT RIGHT NOW IS THE

01:34 - 55.520 IN LARGE PART OF THE

01:34 - 58.560 REASON FOR THE PROBATION OF THE

01:34 - 01.260 POLICY STATE. AND AGAIN IN THAT

01:35 - 02.400 POLICY STATEMENT.

01:35 - 04.060 THE COMMISSION'S IDEA WAS

01:35 - 05.790 THAT A NUMBER OF TIMES AND TO

01:35 - 07.560 CHECK IN THE LEGISLATURE, MAYBE

01:35 - 08.990 CAN DO THAT ALL RIGHT WELL,

01:35 - 11.120 MISTER THOMAS BY BY CONTROL

01:35 - 12.500 100% OF THE STOCK IN A PUBLIC

01:35 - 13.950 UTILITY COMPANY CONTROLLED

01:35 - 14.890 PUBLIC UTILITY COMPANY.

01:35 - 17.000 >>WHICH MEANS I CAN TELL THE

01:35 - 18.460 PUBLIC UTILITY COMPANY TO SELL

01:35 - 19.840 OUT THAT I CAN TELL THE PUBLIC

01:35 - 21.190 UTILITY COMPANY TO FILE THE

01:35 - 23.250 TARIFFS. I CONTROL THE PUBLIC

01:35 - 25.370 UTILITY COMPANY 500% OF STOCK

01:35 - 26.330 ASSETS AND ALL.

01:35 - 29.620 THE STOCK

01:35 - 31.660 ITSELF MAY BE BENIGN IN TERMS

01:35 - 34.320 OF ITS EFFECT ON CUSTOMERS BY

01:35 - 36.450 OWNING A 100% OF THE COMPANY I

01:35 - 37.750 CONTROL EVERYTHING THE PUBLIC

01:35 - 38.390 UTILITY THAT.

01:35 - 40.320 >>YES

01:35 - 43.830 IN HERE. PPL THIS THOSE STEPS

01:35 - 45.590 ARE ATTENUATED BY THE NATURE OF

01:35 - 47.760 THIS TRANSACTION CREW 2 MORE

01:35 - 49.570 RUNS ON THE LADDER IN BASS

01:35 - 50.370 THAT'S PART

01:35 - 50.730 OF WORK.

01:35 - 52.450 >>SECTION GETTING OF GETTING TO

01:35 - 54.480 THE STANDARD THOUGH GETTING THE

01:35 - 55.440 STANDARD IS WHERE I'M

01:35 - 56.050 STRUGGLING ON

01:35 - 58.290 THIS CASE IS WHY DIDN'T EXACTLY

01:35 - 59.360 LOOK AT WHETHER THIS WAS

01:35 - 01.360 NECESSARY FOR PROPER.

01:36 - 02.750 >>WELL WE

01:36 - 04.920 BELIEVE THAT WHAT THE SUPREME

01:36 - 06.460 COURT HAS RESERVED FOR IMPORTED

01:36 - 07.960 IN THE CITY OF YORK SAID THAT

01:36 - 09.780 THE NECESSARY OR PROPER

01:36 - 12.570 LANGUAGE FROM SECTION 11 '03 OF

01:36 - 13.740 THE PUBLIC UTILITY POLE

01:36 - 16.960 WIRES THE APPLICANT TO

01:36 - 18.430 DEMONSTRATE SOME AFFIRMATIVE

01:36 - 19.500 BENEFIT TO THE PUBLIC

01:36 - 20.820 IN ORDER TO RECEIVE A

01:36 - 22.160 CERTIFICATE SO THAT'S WHAT

01:36 - 23.660 WE'RE HERE THERE'S HERE THERE

01:36 - 25.790 IS NO BENEFIT OR HARM IT BENIGN

01:36 - 28.870 TO THE PUBLIC. IT IS A HOW TO

01:36 - 29.960 IF YOU'RE PROPOSING A

01:36 - 31.550 BENIGN RESTRUCTURING.

01:36 - 34.120 >>WHERE WHERE ALL YOU'RE DOING

01:36 - 35.690 IS PUTTING 2 MIDDLE HERE

01:36 - 36.820 HOLDING COMPANIES AND YOU'RE

01:36 - 38.090 TRANSFERRING THE STOCK TO A

01:36 - 40.560 SHELL THE

01:36 - 43.290 THERE'S NO BENEFITS THE PUBLIC.

01:36 - 44.480 BUT THERE'S ALSO NO ADVERSE

01:36 - 45.510 EFFECT OF THE PUBLIC YOU'RE

01:36 - 46.590 BASICALLY SAYING THAT ANY

01:36 - 48.380 TRANSACTION LIKE THIS CAN NEVER

01:36 - 49.280 BE APPROVED.

01:36 - 54.220 >>YOU KNOW ONE WHEN WE SIMPLY

01:36 - 56.230 BELIEVE THAT WE ARE FOLLOWING

01:36 - 57.630 THE PA SUPREME COURT

01:36 - 58.810 PRESIDENT WHICH WILL KNOW

01:36 - 00.230 MISTER THOMAS MISTER THOMAS

01:37 - 01.300 IGNORE THE SUPREME COURT.

01:37 - 01.830 I DO IT ALL

01:37 - 02.520 THE TIME.

01:37 - 07.370 >>JOE AS A

01:37 - 12.020 BADGE OF IN I WANT TO EAT YOU

01:37 - 13.340 HAVE TO AGREE WITH ME DON'T

01:37 - 14.210 YOU THAT.

01:37 - 16.520 >>THAT WE ARRIVE AT BURDEN

01:37 - 18.700 IF WE APPLY THAT STANDARD THIS

01:37 - 20.080 TYPE, NO CORPORATE

01:37 - 21.270 RESTRUCTURING WHICH IS

01:37 - 22.730 PERMITTED UNDER THE CULL

01:37 - 24.160 BUSINESS CORPORATION LAW

01:37 - 26.730 CAN NEVER HAPPENED TO YOU WE

01:37 - 27.890 WILL NEVER APPROVE IT.

01:37 - 30.580 >>I DON'T KNOW THAT THAT'S THE

01:37 - 33.050 CASE AND HERE WE HAVE WHAT

01:37 - 34.590 APPEARS TO BE A CASE OF FIRST

01:37 - 35.760 IMPRESSION AND IN

01:37 - 37.960 THIS SITUATION. THE COMMISSION

01:37 - 39.110 HAS WELCOMED THIS UNDER THE

01:37 - 40.320 AFFIRMATIVE PUBLIC BENEFITS

01:37 - 42.470 STANDARD AND DETERMINED THAT PP

01:37 - 43.130 ELDIN

01:37 - 44.020 NEEDED HERE.

01:37 - 45.920 >>BUT I QUESTION HOW WOULD THEY

01:37 - 47.460 NEED OTHER THAN ME TO THAT

01:37 - 48.050 QUESTION.

01:37 - 52.650 BUT THEY HAVE

01:37 - 54.610 FOR DENVER. BUT THEY DIDN'T

01:37 - 55.050 PRESENT.

01:37 - 58.290 >>INTENTIONALLY AND

01:37 - 00.540 POTENTIALLY IS SOME BENEFITS

01:38 - 02.370 FLOWED THROUGH TO THE PUBLIC OR

01:38 - 04.980 OR THE UTILITY AND ITS

01:38 - 07.270 RATEPAYERS IN TERMS OF TAX

01:38 - 08.650 BENEFITS TO THEM OR SOMETHING

01:38 - 10.530 ALONG THOSE LINES BUT AGAIN

01:38 - 10.990 THAT'S.

01:38 - 13.520 I DON'T NECESSARILY KNOW IS A

01:38 - 14.850 CASE OF FIRST IMPRESSION, AND

01:38 - 16.720 IT IS THE THE DEWEY OF

01:38 - 17.820 THE APPLICANT

01:38 - 21.300 TO ESTABLISH THE FROM THE

01:38 - 22.330 PUBLIC BENEFITS.

01:38 - 24.800 >>BUT HE'LL IN A GIVEN YEAR Z

01:38 - 26.530 AND AS HAS BEEN POINTED OUT AN

01:38 - 28.770 INTERNAL TRANSFER. EVERYTHING

01:38 - 30.110 IS GOING TO BE BASICALLY THE

01:38 - 32.110 SAME IN CITY OF YORK, IT WAS

01:38 - 34.270 A MERGER. SO OF COURSE THERE IS

01:38 - 35.210 GOING TO BE A DIFFERENT

01:38 - 37.040 STANDARD WHETHER OR NOT THERE'S

01:38 - 38.060 GOING TO BE AN AD.

01:38 - 43.180 >>I BEING

01:38 - 44.630 BROUGHT IN RIGHT.

01:38 - 48.500 >>I MEAN WHY WOULD YOU BUY THIS

01:38 - 50.300 BOOK ISN'T EVEN LIKABLE

01:38 - 52.060 THE DISTINGUISHED OF ALL THE

01:38 - 53.530 DIFFERENT A LOT OF THAT CUT OUT

01:38 - 55.480 OF SORRY, I MISSED A LOT OF SET

01:38 - 55.830 THERE.

01:38 - 59.120 THE FACT IS IS YOU HAVE

01:38 - 01.230 YOUR KIT EVEN APPLIED DOUBLE

01:39 - 02.480 THE FACTS ARE DIFFERENT IN THE

01:39 - 04.450 CITY OF YORK WHILE THE MERGER,

01:39 - 06.380 NOT AN INTERNAL TRANSFER.

01:39 - 08.240 >>THAT IS CORRECT TO THIS

01:39 - 10.370 ISSUE. THE RULING WAS WHAT

01:39 - 11.980 BROUGHT FORTH IN THE CONTEXT OF

01:39 - 12.640 A MERGER.

01:39 - 14.220 >>WE'RE LOOKING AT THAT IS

01:39 - 16.670 IT WHO ARE THE PEACE CREEK OR

01:39 - 18.330 INTROVERTED LANGUAGE OF SECTION

01:39 - 21.090 11 '03 IN GENERAL, IF IT

01:39 - 22.710 HAPPENED TO BE IN THE CONTEXT

01:39 - 23.830 OF THE CASE INVOLVING IN A

01:39 - 24.500 MERGER WITH

01:39 - 26.500 3RD PARTY. BUT IT'S BEEN THE

01:39 - 27.890 COURT SAID THAT THE NECESSARY

01:39 - 28.720 AND PROPER LANGUAGE

01:39 - 31.590 11 '03 I WOULD LIKELY REQUIRES

01:39 - 33.190 THE APPLICANT TO DEMONSTRATE.

01:39 - 34.420 >>THE PUBLIC DEBT.

01:39 - 36.750 THAT'S THAT'S WHAT THE

01:39 - 37.870 COMMISSION IS LOOKING AT WE

01:39 - 39.220 BELIEVE WE'RE BOUND BY THIS.

01:39 - 41.960 >>BUT BY THE KNOW WHAT IS YOUR

01:39 - 43.220 COMMENT IF DON'T WOULDN'T BE

01:39 - 44.070 OFFENDED.

01:39 - 45.320 >>HE WOULDN'T BE OFFENDED IF

01:39 - 47.130 WE'VE DEAD. YEAH, I KNOW FROM A

01:39 - 48.300 PUBLIC BENEFIT THAT WAS THE

01:39 - 49.600 CITY OF YORK THING THAT'S WHEN

01:39 - 50.730 YOU'RE DEALING WITH THE MERGER

01:39 - 52.140 CONSOLIDATION, A MURDER WHERE

01:39 - 52.840 THERE'S A SURVIVING

01:39 - 54.420 CORPORATION, THE CONSOLIDATION

01:39 - 55.600 WAS ENTIRELY CREATED

01:39 - 57.800 NEW CORPORATION THAT STANDARD

01:39 - 59.470 DOESN'T APPLY HERE JUST GO BACK

01:39 - 01.100 AND SEE THAT VERY IMPROPER AND

01:40 - 03.400 OPEN NECESSARY OR PROPER AND OH

01:40 - 03.660 BY

01:40 - 05.460 THE WAY AND WHAT THEY'RE TRYING

01:40 - 06.750 TO PULL THE WOOL OVER SOMEBODY

01:40 - 08.210 DIE AND DO SOMETHING ILLEGAL

01:40 - 09.390 UNDER THE BUSINESS CORPORATION

01:40 - 10.900 LAW A CORPORATE RESTRUCTURING

01:40 - 12.260 WILL GENERALLY BE PROPERTY IN

01:40 - 13.270 THE ABSENCE OF PART OF THE

01:40 - 14.900 CONSUMERS. HE WOULD NEVER

01:40 - 15.990 PROBABLY SAID THAT.

01:40 - 19.470 >>I ONE PERSONALLY I'M NOT SURE

01:40 - 20.960 THAT THE COMMISSION IS SO WE

01:40 - 22.600 HAVE CURRY WAS AT.

01:40 - 24.900 >>THAT WAS A VERY GOOD ANSWER

01:40 - 27.160 ALL THANK YOU VERY MUCH FOR

01:40 - 30.140 YOUR COMMENT. MR. GREY YOU HAVE

01:40 - 30.460 THE.

01:40 - 35.040 FLOOR YOU'VE GOT THE MIKE.

01:40 - 37.550 >>MA'AM PLEASE THE COURT GOOD

01:40 - 39.100 MORNING YOUR HONOR'S MY NAME IS

01:40 - 41.020 STEVE GRAY I'M IN A TURNING

01:40 - 42.320 WITH THE OFFICE OF SMALL

01:40 - 45.200 BUSINESS ADVOCATE. THE LSP A IS

01:40 - 47.140 THE STATUTORY ADVOCATES THAT

01:40 - 49.430 LITIGATED THIS APPLICATION OF

01:40 - 51.580 PPL BEFORE THE ADMINISTRATIVE

01:40 - 54.490 LAW JUDGES AND BEFORE AND SO

01:40 - 55.950 MANY A UTILITY COMMISSION.

01:40 - 57.310 AS

01:40 - 00.360 AN INITIAL COMMENT I HAVE GREAT

01:41 - 01.890 RESPECT RESPECT FOR MISTER

01:41 - 02.600 MCGREGOR.

01:41 - 05.330 BUT I AS YOU SAW WE SAW IN MY

01:41 - 07.670 BRIEF I DO NOT LIKE.

01:41 - 09.850 ATTORNEYS USING PHRASES

01:41 - 10.790 UNDISPUTED

01:41 - 14.040 AN UNCONTESTED THE OSP A

01:41 - 15.660 CONTESTED AT EVERY STAGE OF

01:41 - 16.990 THIS PROCEEDING THAT THIS

01:41 - 18.280 APPLICATION DID

01:41 - 22.900 PRODUCE HARM. AND THE PCS

01:41 - 24.970 ORDER WAS BASED UPON ACTUAL

01:41 - 27.070 CHANGE OF CONTROL OF

01:41 - 29.370 THE UTILITY PPL ELECTRIC

01:41 - 31.860 AND ON THAT ISSUE I KNOW WE'VE

01:41 - 33.260 BEEN TALKING ABOUT STOCK

01:41 - 35.590 TRANSFERS. BUT ONE OF THE

01:41 - 36.840 THINGS THAT STUCK OUT

01:41 - 38.160 TO THAT. YOU KNOW IT'S BE A

01:41 - 40.920 INITIALLY WAS THE TESTIMONY OF

01:41 - 42.870 PP ELSE ON WITNESS I BELIEVE

01:41 - 44.130 IT'S MISTER TOROK.

01:41 - 47.770 AND THE RECORD AT 0, 1, 4, A

01:41 - 50.740 HE STATES THAT THE MANAGEMENT.

01:41 - 54.360 AND FACILITATING THE CAPITAL

01:41 - 56.140 STRUCTURE AND REGULATORY

01:41 - 59.740 COMPLIANCE. PPL ELECTRIC WHICH

01:41 - 01.350 MEANS RAPE CASES AND PART OF

01:42 - 03.190 THE P E U C WILL BE

01:42 - 05.290 HANDED OFF FROM PPL

01:42 - 08.640 CORPORATION. 2 A COMBINATION

01:42 - 10.850 OF NEW CALL ONE NEW CO 2, ONE

01:42 - 13.510 OR BOTH. THAT IS AN ACTUAL

01:42 - 14.980 CHANGE OF CONTROL.

01:42 - 16.790 AND WHILE YES THERE'S A STOCK

01:42 - 18.470 TRANSFER FROM THE CORPORATION

01:42 - 20.390 NEW CONE AT CREDIT CHANGE IN

01:42 - 21.230 CONTROL.

01:42 - 24.770 >>THE PAIR PPL CORPORATE

01:42 - 28.180 APPOINTS THE BOARD TO ALL OF

01:42 - 30.350 THE SUBSIDIARY, INCLUDING

01:42 - 32.470 THE UTILITY. HOW IS THAT A

01:42 - 34.120 CHANGE IN CONTROL.

01:42 - 36.130 >>WELL YOUR HONOR THAT'S

01:42 - 37.520 ACTUALLY WHAT MISTER TOROK

01:42 - 40.130 SANTA 100 PER FAN OF THE STOCK

01:42 - 42.890 OF BOTH NEW COACH AND A 100% A

01:42 - 45.360 NEWCO OF A 100% OF PPL

01:42 - 48.160 ELECTRIC. WELL. ACCORDING TO

01:42 - 49.220 MISTER TOROK.

01:42 - 52.140 PPL CORPORATION TRANSFERS A

01:42 - 54.720 100% OF THE STOCK PPL ELECTRIC

01:42 - 56.830 TO NEWCO ONE WHO THEN TRANSFERS

01:42 - 58.620 A 100% A NEW CO 2.

01:42 - 00.710 SO NEW COACH WHO NOT ONLY HAS A

01:43 - 04.660 100% PP L GO TO.

01:43 - 08.440 >>WHO ON NEW

01:43 - 09.340 CO 2.

01:43 - 10.970 >>WELL, I GUESS THE ULTIMATE

01:43 - 12.950 PARENT IS PPL CORPORATION THE

01:43 - 15.300 MY QUESTION WAS THEY

01:43 - 16.050 HAVE THE.

01:43 - 19.240 >>THE FULL AUTHORITY BEFORE AND

01:43 - 19.640 AFTER

01:43 - 21.960 THE RESTRUCTURING TO A POINT

01:43 - 23.360 THEY MEANING THE ULTIMATE

01:43 - 23.980 PARENT

01:43 - 26.360 PPL CORPORATION TO APPOINT ALL

01:43 - 28.220 THE OFFICERS AND DIRECTORS OF

01:43 - 30.260 ALL THE SUBSIDY AIR INCLUDING

01:43 - 32.510 NEW COHEN INTO AND PPL

01:43 - 33.050 ELECTRIC.

01:43 - 36.000 >>THEY MAY HAVE AGAIN YOUR

01:43 - 37.300 HONOR PLEASE BE CAREFUL WHAT

01:43 - 37.390 THE

01:43 - 39.880 TERM ULTIMATE THAT IS A PHRASE

01:43 - 41.630 THAT PPL HAS INSERTED INTO

01:43 - 43.900 THIS CASE THAT DOES NOT BELONG

01:43 - 45.750 IN STATUTE OR CASE LAW.

01:43 - 48.540 ULTIMATE CONTROL IS NOT

01:43 - 50.590 OUR OFFICE. THE LEGISLATURE'S

01:43 - 53.230 INTENT. THE QUESTION HERE IS

01:43 - 54.200 YOU'RE RIGHT THEY

01:43 - 57.430 MAY APPOINT. PEOPLE WHO FEELING

01:43 - 58.690 IS INTEREST SAME

01:43 - 00.110 AFFILIATED ENTER.

01:44 - 02.420 >>HAS THE ABILITY TO APPOINT A

01:44 - 03.370 BOARD OF

01:44 - 05.450 ALL 3. THE CITY AREA

01:44 - 06.850 CORPORATIONS, INCLUDING

01:44 - 07.560 THE UTILITY.

01:44 - 09.890 >>OKAY THAT THAT MADE THAT'S

01:44 - 11.390 CORRECT. HOWEVER WHEN IT COMES

01:44 - 13.060 DOWN TO BASE RATE THEY STOPPED

01:44 - 13.240 HIM.

01:44 - 15.070 THE NEW CO

01:44 - 17.860 2 I'M ASSUMING WILL BE HANDLING

01:44 - 19.030 THE CAPITAL STRUCTURE AND

01:44 - 20.990 REGULATORY COMPLIANCE. MISTER

01:44 - 23.330 TALK PPL STATED THAT THERE'S

01:44 - 24.460 GOING TO BE THAT CHANGE OF

01:44 - 26.990 CONTROL THAT'S THEIR TESTIMONY

01:44 - 27.380 OR.

01:44 - 32.590 >>WHY DON'T I I'M I'M CONFUSING

01:44 - 33.840 IF THERE'S A RATE IF THERE'S A

01:44 - 35.730 RATE BASE RATE CASE PPL

01:44 - 36.910 ELECTRIC SPACE RAPE CASE.

01:44 - 39.180 >>YES AND ACCORDING TO

01:44 - 42.360 MISTER TOROK NEWCO ONE OR AND

01:44 - 42.910 OR NEW

01:44 - 45.510 CO 2. WE'LL BE IN CHARGE WILL

01:44 - 47.190 BE MANAGING THAT BASE RATES

01:44 - 49.290 CASE. THEY WILL BE INSTRUCTING

01:44 - 50.470 PPL ELECTRIC WHAT

01:44 - 53.490 TO DO. THAT'S HIS THEY'RE GOING

01:44 - 54.780 TO REPORT TO THE PARENT.

01:44 - 56.680 >>THE AFFILIATED INTEREST

01:44 - 00.300 MAINLY PPL CORPORATION. CONTROL

01:45 - 02.360 IN THE STATUTE. IF A CHANGE IN

01:45 - 03.590 CONTROL AND STATUE.

01:45 - 04.790 >>NOW THE.

01:45 - 06.490 >>NOT IN THE STATUE, YOUR

01:45 - 07.550 HONOR, BUT OF COURSE

01:45 - 09.240 THAT WAS PART OF THE PUBLIC

01:45 - 10.670 POLICY STATEMENT BY THE P YOU

01:45 - 12.710 SEE IN THESE RAGER WHY WOULD I

01:45 - 13.690 AGAIN I'M NOT SURE WHAT WE'RE

01:45 - 14.500 TALKING ABOUT CHANGE

01:45 - 15.410 IN CONTROL.

01:45 - 17.310 >>IF THE QUESTION IS THE

01:45 - 18.910 QUESTION IS THERE IS A THERE IS

01:45 - 20.380 AND I THINK THERE IS CLEARLY AN

01:45 - 21.180 INDIRECT.

01:45 - 25.800 >>TRANSFER OF THE PUBLIC OF THE

01:45 - 27.050 INTEREST OF THE PUBLIC UTILITY

01:45 - 28.830 BY VIRTUE OF OF THE SHARES

01:45 - 31.690 OF STOCK. SO I AGREE WITH

01:45 - 33.980 YOU CONTROL ALL TO MAKE CONTROL

01:45 - 35.390 OF THAT LANGUAGE IS BORN TO BE

01:45 - 36.650 A BUT NOT IN THE STATUTE.

01:45 - 39.570 I COULDN'T HOLD.

01:45 - 41.690 >>WHAT ABOUT THE STANDARD WHAT

01:45 - 43.520 ABOUT THE INABILITY TO PROVE AN

01:45 - 45.160 AFFIRMATIVE PUBLIC BENEFIT FOR

01:45 - 46.440 A CORPORATE RESTRUCTURING

01:45 - 47.400 PERMITTED BY THE BUSINESS

01:45 - 49.590 CORPORATION LAW AND WHY CAN'T

01:45 - 51.200 WE JUST BE NECESSARY

01:45 - 52.880 OR PROPER. IT MAY NOT BE

01:45 - 53.880 NECESSARY THEY'VE BEEN

01:45 - 55.260 OPERATING THIS WAY FOR I DON'T

01:45 - 56.040 KNOW HOW LONG

01:45 - 58.260 BUT TAX LAWS CHANGE THINGS

01:45 - 00.410 LIKE THAT CHANGE AND THEY WANT

01:46 - 01.620 TO RESTRUCTURE TO MAKE IT MORE

01:46 - 03.360 EFFICIENT ESTATE TAX BENEFIT.

01:46 - 05.160 THAT'S REALLY A PROPER

01:46 - 06.180 RESTRUCTURING ISN'T IT.

01:46 - 08.250 >>WELL YOUR HONOR I WOULD

01:46 - 09.780 DISAGREE WITH YOU FIRST LET'S

01:46 - 10.840 TALK ABOUT THE AFFIRMED A

01:46 - 13.510 PUBLIC BENEFIT. IF CITY

01:46 - 15.910 OF YORK APPLIES TO THIS CASE.

01:46 - 18.520 CONSIDER WHAT PPL HAD PLANNED

01:46 - 20.250 TO DO THEY PLAN TO MOBILIZE

01:46 - 22.410 CASH. THEY PLAN TO BE ABLE TO

01:46 - 23.080 MOVE CASH

01:46 - 24.110 AMONG THERE.

01:46 - 28.260 SUBSIDIARIES, THEY PLAN TO

01:46 - 29.930 REDUCE OR STATE AND LOCAL TAXES

01:46 - 31.070 AND THEY PLAN TO GO OUT AND DO

01:46 - 33.350 BUSINESS ACQUISITIONS FOR ONE

01:46 - 34.530 SIMPLE PUBLIC FROM THE

01:46 - 37.520 PUBLIC BENEFIT LIKE COMMISSION

01:46 - 37.910 COUNCIL

01:46 - 39.710 ALLUDED TO WHAT IF INSTEAD OF

01:46 - 41.410 GIVING ALL THAT TAX BENEFIT TO

01:46 - 43.670 PPL CORPORATION AND ITS

01:46 - 45.740 SHAREHOLDERS. EPL HAD

01:46 - 47.680 CORPORATION HAD PASSED A ONE

01:46 - 49.490 TIME GREAT CREDIT TO PPL

01:46 - 51.320 ELECTRIC RATE PAYERS THAT WOULD

01:46 - 52.400 HAVE BEEN AN EASY AFFIRMATIVE

01:46 - 54.600 PUBLIC BENEFIT. ANOTHER ONE IS

01:46 - 56.020 A WHAT IF WHAT IF PPL

01:46 - 58.050 CORPORATION CEO SAID I'LL TELL

01:46 - 59.090 YOU WHAT I'M GOING TO TAKE A

01:46 - 01.280 $100,000 PAY CUT FOR THE YEAR

01:47 - 02.560 2020 AND I'M GOING TO GIVE IT

01:47 - 03.860 TO PAY THE BASE RATE PAIRS OF

01:47 - 05.190 AN APPROACH A PUBLIC BENEFIT.

01:47 - 07.120 >>IN THE CONTEXT OF THIS

01:47 - 08.080 PROCEEDING YOUR HONOR.

01:47 - 10.870 OR JUST IN GOODNESS

01:47 - 13.430 OF YOU SEEM TO BE SAYING YOU

01:47 - 14.670 SEEM TO BE SAYING THAT THEY'RE

01:47 - 16.560 ALWAYS HAVE TO BE SOMETHING IN

01:47 - 18.160 THE PROPOSED TRANSACTION FOR

01:47 - 18.920 THE CONSUMER.

01:47 - 20.760 >>OR ELSE THE PROPOSED BUSINESS

01:47 - 22.970 TRANSACTION IS IN PERMITTING

01:47 - 24.630 YOU'RE SAYING THERE HAS TO BE

01:47 - 26.400 BASICALLY AFFIRMATIVE PUBLIC

01:47 - 28.300 BENEFIT TOO, A CORPORATE

01:47 - 29.150 RESTRUCTURING.

01:47 - 33.080 >>NOT YOUR. I WANT TO.

01:47 - 34.830 I DON'T KNOW WE'RE GETTING

01:47 - 36.870 THAT FROM. I'M I'M YET

01:47 - 38.250 NECESSARY. THE FACT IS THAT

01:47 - 40.170 NECESSARY FOR PROPER.

01:47 - 42.800 >>YOUR HONOR I'M APPLYING THE

01:47 - 44.270 CITY OF YORK STANDARD AS A

01:47 - 45.310 FIRST EXAMPLE.

01:47 - 47.990 IF CITY OF YORK APPLIES TO THIS

01:47 - 49.640 TRANSACTION AND AFFIRMATIVE

01:47 - 51.300 PUBLIC AND HAPPENED REQUIRED

01:47 - 54.080 THEN SUCH THINGS AS FLOWING

01:47 - 55.360 SOME OF THE TAX BENEFITS TO THE

01:47 - 57.340 RATE PAYERS AND DON'T FORGET

01:47 - 00.340 NEWCO TO NEWCO ON ONE OF THEM

01:48 - 02.430 WILL BE MANAGING. THE

01:48 - 03.960 REGULATORY COMPLIANCE.

01:48 - 06.100 MAYBE NEW CALL ONE A NEW COACH

01:48 - 07.640 WHO COULD SAVE THE RATE PAYERS

01:48 - 08.820 SOME MONEY BY BRINGING SOME OF

01:48 - 11.390 THE LEGAL FEES IN HOUSTEN NOT

01:48 - 13.510 PAYING OUTSIDE COUNSEL. SO OUR

01:48 - 14.760 FEELS THE NEED TO BE.

01:48 - 16.550 >>YOU CHOOSE ME, BUT YOU ALSO

01:48 - 17.680 SEEM TO BE SAYING THAT ONCE

01:48 - 19.720 AGAIN A CORPORATION IS

01:48 - 22.030 CREATED AN ESTABLISHED IT MUST

01:48 - 24.440 FOREVER REMAIN IN THAT FORMAT

01:48 - 26.410 IT CAN NEVER STEPPED OUTSIDE

01:48 - 27.750 AND DO ANYTHING THAT'S MORE

01:48 - 29.470 BENEFICIAL TO THE CORPORATION.

01:48 - 31.680 BUT EVENTUALLY WE'LL HAVE A

01:48 - 33.070 DEBT LOWER FACT TO THE

01:48 - 35.210 SHAREHOLDERS OR IN ANY WAY TO

01:48 - 37.220 TRY TO ASSIST THE PUBLIC

01:48 - 39.220 AND I ALSO DON'T UNDERSTAND HOW

01:48 - 40.500 CITY OF YORK IS EVEN APPLY.

01:48 - 42.730 GOODWILL HERE. ONE IN THE BUSH

01:48 - 45.170 HERE AND THEN ABOUT A CHARACTER

01:48 - 45.560 AND THEY.

01:48 - 48.760 COURTS DECIDE CASES BASED ON

01:48 - 51.310 THE FACTS AND THEY'RE THE FACTS

01:48 - 54.230 OF THAT CASE NOT HERE. YOUR

01:48 - 54.790 HONOR I.

01:48 - 56.420 >>RESPECTFULLY DISAGREE, I

01:48 - 58.240 BELIEVE THAT ANY KIND OF

01:48 - 59.330 INTERCOMPANY CORPORATE

01:48 - 00.850 RESTRUCTURING CAN HAVE PUBLIC

01:49 - 01.500 BENEFITS.

01:49 - 04.040 THAT'S THAT TO ME ACTUALLY

01:49 - 06.230 SEEMS FAIRLY EASY. I WILL ALSO

01:49 - 07.220 POINT OUT TO YOU ONE OF THE

01:49 - 08.860 FOOTNOTES IN THE ENERGY

01:49 - 10.700 ASSOCIATION TO PENNSYLVANIA'S.

01:49 - 12.250 AMICUS

01:49 - 15.930 CURIAE BRIEF BOY IT OUT HOW HOW

01:49 - 17.660 SHOULD I SAY THIS HOW EASY

01:49 - 19.990 IT IS FOR THE P E U C TO FIND

01:49 - 21.190 THAT AFFIRMATIVE BENEFITS

01:49 - 23.690 PRESIDENT. BUT NOW LET'S ASSUME

01:49 - 25.100 THE CITY OF YORK SAYS FROM AND

01:49 - 26.930 PUBLIC BENEFITS DON'T DON'T

01:49 - 28.360 APPLY AND IT'S NECESSARY OR

01:49 - 28.980 PROPER.

01:49 - 31.150 I WILL RESPECTFULLY DISAGREE

01:49 - 32.310 WITH YOUR HONOR'S THAT THIS

01:49 - 34.360 CASE WOULD EVEN PASS THAT STAND

01:49 - 36.430 MISTER GRAY MAY I ASK YOU ON

01:49 - 37.070 THAT POINT.

01:49 - 39.390 >>IT'S GO IF WE CAN GO BACK TO

01:49 - 42.010 THE STATUTE ITSELF 11 '02 A 3.

01:49 - 46.800 EVIDENCE SPICE CERTIFICATE OF

01:49 - 48.430 PUBLIC CONVENIENCE ON

01:49 - 50.330 COMPLIANCE WITH EXISTING LAWS.

01:49 - 53.640 IT SHALL BE LAWFUL. OR IF YOU

01:49 - 54.860 TOOK PUBLIC UTILITY.

01:49 - 58.200 >>TO ACQUIRE FROM BORDER CHANCE

01:49 - 58.790 FOR DANNY

01:49 - 01.070 CORPORATION BY ANY MEASURE

01:50 - 02.710 DEVICE WHATSOEVER INCLUDING SUE

01:50 - 03.880 TRANSFER STOCK.

01:50 - 06.620 RICHARD CONSOLIDATION TITLE 2

01:50 - 08.130 OF THE POSSESSION OR USE OF ANY

01:50 - 10.750 TEAM SCORED AND PROPERTY AND

01:50 - 12.510 HE HAS WHERE YOU DON'T NEED

01:50 - 15.680 APPROVAL. BUT WHAT KIKI JUST

01:50 - 16.250 POINT.

01:50 - 19.560 YOU KNOW NECESSARY AND PROPER

01:50 - 20.910 OR FROM ANY BENEFIT TO THE

01:50 - 23.530 PUBLIC. WHERE THE STATUE IS

01:50 - 25.740 THERE. NONCOMPLIANCE.

01:50 - 29.420 >>THE NONCOMPLIANCE WOULD.

01:50 - 31.370 I WOULD PUT IT THIS WAY YOUR

01:50 - 33.670 HONOR. THIS KID FALLS UNDER 11

01:50 - 35.630 '02. A 3

01:50 - 38.140 BECAUSE 11 '02, 8, 3, IS

01:50 - 40.980 VERY BROAD. IT TALKS ABOUT BY

01:50 - 42.950 ANY METHOD OR DEVICE

01:50 - 46.860 WHATSOEVER INCLUDING IN OTHER

01:50 - 47.530 WORDS, IT MAKES A

01:50 - 50.310 LAUNDRY LIST. THE INCLUDING BUT

01:50 - 51.730 DOES NOT SAY ONLY

01:50 - 54.340 THESE ISSUES SO IT WENT OUT TO

01:50 - 56.160 A 3 IS RED VERY BROADLY.

01:50 - 57.910 >>AND SO AS

01:50 - 59.590 HE CO SO REALLY BROUGHT THE

01:50 - 01.420 INCHES UPON APPLICATION OF ANY

01:51 - 02.470 PUBLIC UTILITY.

01:51 - 04.660 AND THE APPROVAL BY THE

01:51 - 05.940 COMMISSION SO THAT'S WHERE WE

01:51 - 07.110 ARE WE'LL SEPARATE THAT FIRST

01:51 - 07.960 SECTION HAS SAID

01:51 - 09.920 A SECOND. BUT EVIDENCE

01:51 - 11.080 BY CERTIFICATE OF PUBLIC

01:51 - 13.130 CONVENIENCE APART COMPLAINT US

01:51 - 15.460 EXISTING WAS IT SHELBY

01:51 - 18.190 LAWFUL TO DO THESE THINGS AND

01:51 - 19.380 EVEN A FEW TURPON IT BROUGHT

01:51 - 21.350 THE I JUST DON'T FEEL LIKE YOU

01:51 - 22.680 IDENTIFY YET.

01:51 - 25.060 WHERE IS THE VIOLATION OF THAT

01:51 - 26.630 STATUTE BECAUSE IT'S PRESUMED

01:51 - 27.600 TO BE LAWFUL.

01:51 - 31.250 >>WELL THERE'S I WAS GOING SAY

01:51 - 32.630 YOU MAKE THEN YOU'RE OVER YOUR

01:51 - 34.120 TIME MISTER BREAK THAT YOU MAY

01:51 - 34.680 FINISH.

01:51 - 36.110 WEATHER.

01:51 - 38.550 >>A RESPONSE TO JUDGE MCCAW.

01:51 - 40.120 >>THANK YOU WELL THAT THE

01:51 - 42.480 NECESSARY OR PROPER STANDARD IS

01:51 - 45.780 PART OF 11 '03. AND SO THE

01:51 - 47.710 QUESTION IS DOES THE

01:51 - 48.850 APPLICATION.

01:51 - 52.640 PAUL FALL UNDER 11 '03 AND IS

01:51 - 55.780 IT NECESSARY OR PROPER. SBA

01:51 - 58.930 HAS ARGUED. BUT THERE IS HARM

01:51 - 01.470 FROM THIS APPLICATION. AND

01:52 - 03.620 BECAUSE THERE IS IN OUR VIEW

01:52 - 05.980 CHANGE OF CONTROL. IT'S WE ALL

01:52 - 07.760 AGREE IT'S NOT NECESSARY.

01:52 - 09.550 AND WE WOULD ACTUALLY ARGUE IT.

01:52 - 12.750 >>MISTER GREG THIS STRUGGLE, I

01:52 - 13.980 HAVE THE

01:52 - 19.660 I AM IRIE 11 '03. IN THE SENSE

01:52 - 20.220 THAT.

01:52 - 23.590 NECESSARY FOR PROPER BE THE LOW

01:52 - 25.920 STANDARD. AND IT GOES ON THE

01:52 - 27.840 RECORD. WHO MY

01:52 - 31.630 FRUSTRATION BE WHY DIDN'T SHOOT

01:52 - 34.840 THEN APPLY THE SECOND SET AND.

01:52 - 38.150 THAT ALLOWS THE COMMISSION OR

01:52 - 39.710 ENCOURAGE THE COMMISSION FROM

01:52 - 42.340 YOUR FROM YOUR PERSPECTIVE TO

01:52 - 45.870 PUT CONDITION MAYBE HE CAN JUST

01:52 - 48.070 AND REASONABLE. SHE TO ME THE

01:52 - 50.350 BALANCE OF THIS ACTION IS A LOW

01:52 - 52.000 STANDARD, BUT THEN IT ROSE TO

01:52 - 53.860 POWER BACK TO THE PEW SEE TO

01:52 - 56.390 ALLOW SOME SORT OF

01:52 - 01.830 OR PRI. KILOMETERS OR ON WHAT

01:53 - 04.050 THE POWER. HE IS UNDER THIS

01:53 - 06.490 LOW STANDARD. MY FRUSTRATION IS

01:53 - 07.710 YOU'RE BUILDING UP THE FIRST

01:53 - 08.370 SENTENCE WHERE

01:53 - 10.310 I THINK THE REASONABLE

01:53 - 11.850 CONVERSATION IN THE NEXT

01:53 - 13.770 SENTENCE WHICH ALLOWS YOU SEE

01:53 - 15.360 YOUR ALLOWS TO YOU

01:53 - 17.750 TO IT TO THE P E

01:53 - 18.780 U C.

01:53 - 20.860 >>ANY REASONABLE OR JUST

01:53 - 21.940 STANDARD THAT WOULD BE

01:53 - 24.180 NECESSARY IN ORDER TO ALLOW

01:53 - 25.710 THIS TO GO THROUGH UNDER A LOW

01:53 - 26.340 STANDARD.

01:53 - 30.360 >>I'M NOT SO SURE THIS IS SUCH

01:53 - 31.280 A LOW STANDARD.

01:53 - 33.530 >>WELL WE MAKE OUR TENDER.

01:53 - 38.210 I'M NOT SURE IF IT'S LOWER BUT

01:53 - 39.450 IN ANY CASE.

01:53 - 42.140 WHEN WE CONDUCTED DISCOVERY AND

01:53 - 43.660 WE READ THE TESTIMONY OF MISTER

01:53 - 46.120 BARAK HE SAID IF PEOPLE THIS

01:53 - 48.530 THIS THIS TRANSACTION WOULD

01:53 - 50.910 RESULT IN NO CHANGE THE

01:53 - 52.680 FINANCIAL HEALTH OF PPL

01:53 - 55.350 ELECTRIC AND NO CASH

01:53 - 57.220 DISTRIBUTIONS WOULD BE HANDED

01:53 - 58.410 TO PPL ELECTRIC.

01:53 - 00.220 SO THERE APPEARED TO BE NOTHING

01:54 - 02.130 ON THE TABLE FOR PPL ELECTRIC

01:54 - 03.370 AND ITS RATEPAYERS YOU'RE NOT.

01:54 - 07.260 MISTER PARKS, OWN WORDS.

01:54 - 10.390 >>THANK INTEGRATED YOU JUST

01:54 - 10.930 ONE LAST.

01:54 - 14.270 I YOU ALSO ARE OVER YOUR TIME

01:54 - 15.860 DID YOU ASK HER CONDITION.

01:54 - 17.890 AND THEY ALL HER.

01:54 - 20.650 >>NOT IN MY BRIEF YOUR HONOR I

01:54 - 22.760 DID NOT OKAY ALL RIGHT.

01:54 - 26.150 >>UNLIKE HER ANY MORE QUESTIONS

01:54 - 28.300 WE'RE GOING TO RETURN TO A

01:54 - 30.940 MENTOR MCGREGOR WHOEVER

01:54 - 32.170 REMEMBER THE REPUBLIC.

01:54 - 38.650 >>HOWEVER LONG IT GOT FIRST.

01:54 - 40.240 OUR POSITION

01:54 - 42.950 ON THE THE NEED FOR US TO PICK

01:54 - 43.670 IT IS

01:54 - 46.230 WHAT IT TAKES FOR IT TO BE

01:54 - 47.490 JURISDICTIONAL IS

01:54 - 50.540 A TRANSFER TITLE POSSESSION OR

01:54 - 52.970 USE PUBLIC UTILITY PROPERTY AND

01:54 - 54.540 THAT CAN ONLY HAPPEN IN 2 WAYS

01:54 - 57.920 ONE. AN ASSET SALE OR 2 A

01:54 - 59.560 CHANGE OF CONTROL.

01:55 - 02.600 OVER THE ASSETS SO YOU

01:55 - 04.710 ESSENTIALLY HAVE. TITLES

01:55 - 05.750 SESSION ARE USED TO THE

01:55 - 07.570 PROPERTY. THE STATUTE DOESN'T

01:55 - 09.330 APPLY TO ALL STOCK SALES.

01:55 - 11.590 IT ONLY APPLIES WHERE THERE'S A

01:55 - 13.870 TRANSFER TITLE POSSESSION OR

01:55 - 15.810 USE OF UTILITY PROPERTY AND

01:55 - 16.530 THAT CAN IT.

01:55 - 19.080 HER DIRECTLY OR BY A CHANGE AN

01:55 - 20.410 ULTIMATE TROLL AND WE DON'T

01:55 - 20.600 THINK

01:55 - 22.850 >>AND I THINK I HAVE A

01:55 - 27.300 >>STOCK IN THE UTILITY ENCLOSED

01:55 - 28.860 UTILITY PROPERTY.

01:55 - 31.060 >>IT'S NOT USE THIS FOR

01:55 - 32.700 PROPERTY OWNERS USED TO USE FOR

01:55 - 33.500 PROPERTY IS.

01:55 - 35.360 PROPERTY THAT WOULD GO INTO THE

01:55 - 36.460 GREAT BASIN INTO WHICH THE

01:55 - 38.140 UTILITY WOULD BE STOCK IS NOT A

01:55 - 39.480 GREAT PLACE ITEM SO IT'S NOT

01:55 - 39.800 USE OR

01:55 - 40.560 USEFUL OR.

01:55 - 43.450 >>I HAVE A QUESTION IF I COULD

01:55 - 44.430 PLEASE FOR

01:55 - 48.000 COUNCIL AND THAT IS STATED IN

01:55 - 50.310 AN SECTION 11 '03 WHEN WE SAY

01:55 - 51.270 NECESSARY

01:55 - 54.070 FOR PROPER. IT DOESN'T SAY AT

01:55 - 55.320 LEAST THE WAY I READ IT IT

01:55 - 57.110 DOESN'T JUST SAY NECESSARY OR

01:55 - 59.450 PROPER. BUT IT IS NECESSARY OR

01:55 - 01.090 PROPER FOR THE SERVICE

01:56 - 03.020 ACCOMMODATION CONVENIENCE FOR

01:56 - 05.660 SAFETY TO THE PUBLIC. NOT

01:56 - 08.630 NECESSARY OR PROPER, MAYBE JUST

01:56 - 10.250 FOR THE CORPORATION ITSELF.

01:56 - 12.520 SO MY QUESTION FOR YOU IS YOU

01:56 - 14.060 WANT US TO FOCUS ON.

01:56 - 17.470 LINKS OR JUST THE CORPORATION.

01:56 - 21.350 AND HOW DOES THAT JIVE WITH

01:56 - 22.030 STATUTE.

01:56 - 24.360 >>I'M SORRY COULD YOU REPEAT

01:56 - 26.020 THAT WAS PART YOUR HAIR, HOW

01:56 - 27.600 DID WITHOUT A SUPPORT TO.

01:56 - 30.820 >>NECESSARY FOR PROPER.

01:56 - 32.660 >>FOR THE SERVICE ACCOMMODATION

01:56 - 34.320 CONVENIENCE FOR SAFETY OF

01:56 - 35.000 THE PUBLIC.

01:56 - 37.910 >>IT'S A NECESSARY AND PROPER

01:56 - 41.810 FOR THE COMMENDATION THE

01:56 - 43.820 CORPORATION. SO

01:56 - 45.960 ARE YOU ASKING US REALLY TO BE

01:56 - 47.670 FOCUSING ON WHAT'S NECESSARY OR

01:56 - 49.720 PROPER FOR THIS LIBERATION HERE

01:56 - 52.330 AS OPPOSED TO WHAT MAY BE

01:56 - 54.680 NECESSARY FOR PROPER OR

01:56 - 55.440 THE PUBLIC.

01:56 - 57.650 >>THIS A PUBLIC YOUR HONOR IN

01:56 - 59.070 OUR TESTIMONY IN THIS CASE

01:56 - 01.270 SHOWS THAT THIS TRANSACTION WAS

01:57 - 02.270 APPROVED THAT WILL

01:57 - 04.620 ALLOW PPL CORPORATION TO BETTER

01:57 - 06.260 MANAGE ITS CASH FLOWS AND TAX

01:57 - 07.910 LIABILITIES WHICH WOULD MAKE

01:57 - 09.080 MORE FUNDS AVAILABLE FOR

01:57 - 10.800 CAPITAL PROJECTS TO ALL OF THE

01:57 - 12.140 SUBSIDIARIES, INCLUDING

01:57 - 14.070 THE ELECTRICAL. WHAT COULD JOIN

01:57 - 15.870 THE FINANCIALLY STRONGER AND

01:57 - 17.830 MORE EFFICIENT OPERATED

01:57 - 21.330 PARENT OR CAPITAL NEEDS

01:57 - 23.010 STUDENT.

01:57 - 25.220 >>THANK YOU AND BUT WITH THOSE

01:57 - 27.530 FACTS FOUND BY THE PC OR DID

01:57 - 30.090 THEY FIND. FINDINGS

01:57 - 30.950 OF HARM.

01:57 - 35.000 >>THAT AS THE D A S JUST OKAY,

01:57 - 38.740 SHE'S THE COMMISSION FOUND

01:57 - 39.510 NO HARM.

01:57 - 42.070 >>THE ONUS ARMY FOUND YOU

01:57 - 43.140 DIDN'T MEET THEIR BURDEN

01:57 - 47.550 OF PROOF THERE

01:57 - 48.280 WERE SOME.

01:57 - 51.040 >>YOU KNOW POSSIBLE. STREET

01:57 - 52.110 BENEFITS HERE.

01:57 - 52.870 >>BUT.

01:57 - 54.840 >>THEY WERE SUBSTANTIAL ENOUGH

01:57 - 55.610 UNDER THE CITY OF

01:57 - 56.420 YOUR CHEST.

01:57 - 57.690 >>AND THAT'S WHERE WE THINK THE

01:57 - 59.270 COMMISSION FOR WALL WAS.

01:57 - 01.320 IT WAS LED ASTRAY

01:58 - 03.620 BY THINKING AS TO WHY THE

01:58 - 05.280 SUBSTANTIAL AFFIRMATIVE THAT'S

01:58 - 06.290 TEST AND IT DIDN'T.

01:58 - 10.290 >>I THINK THAT TO SCOLD YOU,

01:58 - 11.810 BUT HERE'S THE QUESTION IS.

01:58 - 16.000 CRITICAL BECAUSE THIS EVEN IF

01:58 - 17.440 WE DON'T APPLY THE AFFIRMATIVE.

01:58 - 20.450 PUBLIC BENEFIT STANDARD.

01:58 - 25.310 HOW HAVE YOU SHOWN IF SYRIA, NO

01:58 - 26.350 FINDINGS.

01:58 - 27.380 >>OR.

01:58 - 29.370 >>EVIDENCE OF THE RECORD HELD

01:58 - 30.640 THAT IT WAS.

01:58 - 33.330 THE SERVICE ACCOMMODATION

01:58 - 35.080 CONVENIENCE OR SAFETY OF THE

01:58 - 35.520 PUBLIC.

01:58 - 40.380 >>PROJECT.

01:58 - 42.170 >>IN ANSWER THAT QUESTION.

01:58 - 44.210 BUT WE ARE AGAIN RUNNING OUT OF

01:58 - 46.570 TIME MISTER MCGREGOR I I

01:58 - 47.330 BELIEVE YOU

01:58 - 49.090 MAY HAVE IN THE INTEREST OF

01:58 - 50.880 TIME I THINK YOU SAID IT WAS

01:58 - 52.640 GOING TO ADVANCE THE PUBLIC

01:58 - 53.730 INTEREST BECAUSE IT'S GOING TO

01:58 - 55.620 MAKE MORE CASH AVAILABLE TO THE

01:58 - 56.310 UTILITY.

01:58 - 58.720 >>YOU CAN DO AFTER THAT.

01:58 - 02.170 YES JUST BRIEFLY, A PPO A

01:59 - 04.890 LETTER BRICK. INDEPENDENTLY

01:59 - 06.040 RAISES ITS DEBT.

01:59 - 07.960 BUT RECEIVES ALL OF ITS EQUITY

01:59 - 09.380 CAPITAL FROM ITS PARENT.

01:59 - 11.020 SO GET THIS

01:59 - 13.040 TRANSACTION GOES THROUGH WE CAN

01:59 - 14.560 MANAGE YOUR TAX LIABILITIES

01:59 - 17.180 MANAGE CASH FLOWS IT WILL MAKE

01:59 - 18.840 US STRONGER PARENT COMPANY

01:59 - 21.100 WHICH WILL HELP BETTER ACCESS

01:59 - 23.210 TO CAPITAL ACCESS TO LOWER

01:59 - 25.490 COST CAPITAL WHICH BENEFIT CAN

01:59 - 26.890 BE FLOAT DOWN THROUGH TO THE

01:59 - 28.120 UTILITY ON A CAPITAL

01:59 - 31.020 CONTRIBUTION WHICH WILL REDUCE

01:59 - 33.940 THE NEED. THE UTILITY TO GO TO

01:59 - 34.310 THE DEBT

01:59 - 36.420 MARKET AND LEVERT'S ITSELF UP

01:59 - 38.160 TO HER FINANCIAL RISK, THERE'S

01:59 - 39.250 EVIDENCE ON THE RECORD THIS

01:59 - 40.510 CASE THE PPO WAS IN

01:59 - 42.180 THE MIDDLE ALL MAJOR

01:59 - 43.380 INFRASTRUCTURE IMPROVEMENT

01:59 - 45.130 CONSTRUCTION PROGRAM AND IT

01:59 - 47.100 NEEDS THESE EQUITY INFUSIONS

01:59 - 47.350 FROM

01:59 - 49.570 ITS PARENT. THIS TRANSACTION AT

01:59 - 51.240 THE TOP IT WILL PRODUCE THOSE

01:59 - 53.650 BENEFITS TO PPL AND

01:59 - 55.780 THAT IS BUT THAT WHICH REPAIRS

01:59 - 57.080 IN TERMS OF LOWER RATES

01:59 - 59.700 THOUGH THE TO FINANCE ITS

01:59 - 01.280 OPERATIONS AND SO THERE IS A

02:00 - 02.600 PUBLIC BENEFIT HERE WE THINK

02:00 - 04.480 AND WE MADE ALL THAT THE RECORD

02:00 - 06.470 AND THE COMMISSION SAID IT'S

02:00 - 08.710 NOT ENOUGH TO BE A SUBSTANTIAL

02:00 - 09.930 AFFIRMATIVE PUBLIC BENEFIT.

02:00 - 12.370 >>MR. WHAT DO YOU WANT THE

02:00 - 16.100 COURT TO DO. YOU WANT RE MAN.

02:00 - 19.000 >>FIRST

02:00 - 20.610 AND WELL IF YOU'RE.

02:00 - 21.070 >>WHO WITH.

02:00 - 24.130 >>I REALLY DEPEND ON THE GROUND

02:00 - 24.490 FOR THE

02:00 - 29.000 YOU DON'T WANT A FEW RIVER TYNE

02:00 - 29.230 AND.

02:00 - 34.220 >>FINDING THE CERTIFICATE OF

02:00 - 36.080 PUBLIC CONVENIENCE WAS REQUIRED

02:00 - 37.440 AND IN THAT INSTANCE THERE

02:00 - 38.800 WOULD BE NO NEED FOR A REMAND

02:00 - 40.780 AND WE WANT YOUR REVERSED.

02:00 - 42.870 COMMISSION APPLIED THE WRONG

02:00 - 44.980 STANDARD AND IN THAT INSTANCE,

02:00 - 46.570 THE CASE WOULD BE REMANDED BACK

02:00 - 47.510 TO THE COMMISSION FOR

02:00 - 49.020 DETERMINATION AND A PATIENT

02:00 - 49.620 PERSON.

02:00 - 53.530 >>THANK YOU VERY MUCH. THANK