Date: October 29, 1998

Case No. 1998-ERA-30

File No. 01-0280-98-020 & 805

IN THE MATTER OF:

The Estate of Kenneth Ricketts
    Complainant

    v.

Northeast Utilities Corporation

    and

Connecticut Yankee Atomic Power Plant
    Respondents

   THE PARTIES ARE HEREBY NOTIFIED that a hearing is scheduled before the undersigned Administrative Law Judge of the U.S. Department of Labor, commencing at 10:00 A.M. on Monday, February 1, 1999. The hearing shall be held at U.S. Post Office Building, 27 Masonic Street, Room 303, in New London, Connecticut. The hearing shall continue for so long as necessary the rest of that week.

   It is hereby ORDERED that:

   1. The parties shall discuss the disposition of all or a part of this case, the stipulation of facts, the admissibility of documents, and such other matters as may aid in the orderly trial of this case.

   2. The following pre-hearing exchange shall take place:

   (a) At or before 5:00 p.m. EST on Monday, January 11, 1999 each party shall file by facsimile transmission with this Office, its respective pre-hearing report, serving a copy on the other party. The Pre-hearing Report shall include:

(1) a simple statement of the issues to be decided and the relief or remedy sought;

(2) the name and address of each witness the party expects to call and a brief summary of the testimony each witness is expected to furnish;

(3) a list of all the documents each party expects to use as evidence; and

(4) a realistic estimate as to the time required to present its respective case.

   (b) The parties may file pre-hearing briefs to further articulate their respective positions.

   (c) The parties shall complete the exchange of copies of exhibits identified in its Pre-hearing Report but not yet in the possession of the opposing party on or before the date specified for the pre-hearing exchange. The Court's copies should be filed at the hearing. Any documentary evidence not timely exchanged will be excluded from the record unless good cause is shown for such failure to produce.

   The parties should be prepared at the beginning of the hearing to stipulate the admission of facts and documents about which there is no dispute.

   Any further correspondence or filing of documents in this proceeding should be directed to the Boston Office of Administrative Law Judges, John W. McCormack Post Office and Courthouse Building, Room 507, Post Office Building, Boston, Massachusetts 02109.

   In case of settlement, the Office of Administrative Law Judges should be immediately advised of such settlement by telephone call (617) 223-9355 or FAX (617) 223-4254 and followed by a confirming letter.

   The parties are hereby advised that this proceeding is governed by the Energy Reorganization Act (42 U.S.C. §5851), the implementing regulations and our Rules of Practice found at 29 C.F.R. Part 24 and Part 18, and the Federal Rules of Evidence. I note that this hearing could not be set any sooner due to the heavy trial docket of the Boston District office, and to ensure that the parties were provided a sufficient amount of time to prepare for this hearing.

   Finally, Respondent Connecticut Yankee has resubmitted a Motion for Continuance seeking to further suspend discovery and requesting a clarification of the procedural status of this case. The Motion for Continuance is hereby DENIED, and discovery in this matter may resume immediately. Further, if Respondent Connecticut Yankee wishes to file a motion for summary decision in this matter, it must do so within twenty (20) days from the date of this order. If such filing is made, then Complainant and Respondent Northeast Utilities shall have ten (10) days following receipt of Connecticut Yankee's motion in which to file a reply. I note that the filing of a Motion for Summary decision by Connecticut Yankee will not in and of itself halt discovery of this matter. Rather, discovery shall continue until further order of this Court.

NOTICE: Failure to comply timely with this Pre-hearing Order, without good cause shown, may result in the dismissal of the proceeding or the imposition of other appropriate sanctions against the offending party.

       DAVID W. DI NARDI
       Administrative Law Judge

Boston, Massachusetts
DWD:pte:las