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November 24, 2009 PSC Orders:

1) Motions to dismiss this proceeding are denied.

2) The Applicants revised proposal to toll is granted.

The statutory due date in this matter is tolled until Thursday, February 24,201 1.

3) A new procedural schedule is established - see below.

4) Applicants must notify the Commission within five days of the date of this Order if they disagree that their proposal to delay a decision in this case by tolling the West Virginia statutory suspension period is also an agreement by the Applicants that they will not avail themselves of the Federal permitting process pursuant to §216(b) of the Federal Power Act of 2005.

Commission will adopt the following schedule for use in this case (dates are shown below each event).

Discovery reopens on issues of electrical need:

Monday, February 1, 2010

Applicants file supplemental testimony on issue of electrical need and any other issues requiring supplementation:

Noon, Tuesday, June 29, 2010

Deadline for propounding discovery on supplemental testimony due June 29, 2010:

Noon, Tuesday, July 13, 2010

Staffs and Intervenors’ prepared direct testimony and rebuttal to the direct testimony of Applicants:

Noon, Tuesday, August 31, 2010

Deadline for propounding discovery in response to testimony due August 31, 2010:

Noon, Tuesday, September 7, 2010

Applicants’ rebuttal testimony to the direct testimony for Staff and Intervenors, and Staff and Intervenor rebuttal testimony to the direct testimony of one another:

Noon, Tuesday, September 28, 2010

Deadline for propounding discovery in response to the rebuttal testimony due September 28, 2010:

Noon, Tuesday, October 5, 2010

Written opening statements:

Noon, Thursday, October 14, 2010

Evidentiary hearing begins:

Monday, October 18, 2010

Evidentiary hearing ends:

Tuesday, November 2, 2010

Initial briefs and proposed orders:

Noon, Tuesday, November 30, 2010

Reply briefs:

Noon, Thursday, December 16, 2010

Deadline for Commission decision:

Thursday, February 24, 2011

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