Bruce Johnson

see Feb 2 , 2012 docket 2011-170!!!

ELECTRONICALLY FILED ON FEBRUARY 2,2012

STATE OF MAINE
PUBLIC UTILITIES COMMISSION

BANGOR HYDRO ELECTRIC & )
MAINE PUBLIC SERVICE COS. )

Re: Request for Exemptions and for )
Reorganization Approvals )

Docket No. 2011-170
MOTION FOR DISMISSAL
AND SANCTIONS WITH
INCORPORATED MEMORANDUM

February 2, 2012

Now come the Office of the Public Advocate, Houlton Water Company, the Industrial Energy Consumer Group (“I7ECG”), and Boralex, Inc. (“Boralex”)(collectively, the “intervenors”) by and through their respective attorneys and move to dismiss these proceedings or to enter judgment against Bangor Hydro Electric Company and Maine Public Service Company (“Petitioners”) based upon the recommended findings of the Examiners~ Report.

I. INTRODUCTION

Petitioners have intentionally and recklessly violated the Commission’s Rules of Practice and the Examiners’ January 19, 2011 Scheduling Order by filing Exceptions tainted by prejudicial non-record information and by assisting and/or encouraging First Wind Holdings, LLC (“First Wind”) and Algonquin Power & Utilities Corp. (“APUC”) to file unauthorized comments doing the same. According to the Examiners, these exceptions have been reviewed by the Commissioners. As described herein, further consideration of the case at this point would violate fundamental principles of due process and would be unduly prejudicial to the intervenors in this case. Of equal importance is the fact that the actions of the Petitioners, First Wind and Algonquin Power have damaged the integrity of the adjudicatory process by intentionally exposing the Commissioners and their advisors to information outside of the record that, even if the Commission can ignore, undermines public confidence in the process. Dismissal with prejudice orjudgment against Petitioners are the appropriate remedies and sanctions for Petitioners’ violations of the Commission’s Rules and the January 19 Schedul