FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Market Disputes Resolution Division 445 l2 St., SW Washington, DC 20554 November 26, 2019 Copies sent by E-mail and U.S. Mail NOTICE OF FORMAL COMPLAINT Verizon Pennsylvania LLC and ) Verizon North LLC, ) Complainants, ) ) Proceeding Number 19-354 v. ) Bureau ID Number EB-19-MD-008 ) Metropolitan Edison Company, ) Pennsylvania Electric Company, and ) Penn Power Company, ) ) Defendants. ) Curtis L. Groves Metropolitan Edison Company Verizon Pennsylvania Electric Company 1300 I Street, NW Penn Power Company Suite 500 East do CT Corporation System Washington, DC 20005 600 North 2 Street (202) 515-2179 Suite 401 curtis.groves@verizon.com Harrisburg, PA 17101 Christopher S. Huther Resident Agent for Defendants Claire J. Evans Wiley Rein LLP Robert M. Endris, Esq. 1776 K Street, NW FirstEnergy Service Company Washington, DC 20006 76 5. Main St. (202) 719-7000 Akron, OH 4430$ chuther@wileyrein.com rendris@firstenergycorp.com cevans @wileyrein.com Thomas B. Magee, Esq. Counsel for Complainants Keller Heckman 1001 G Street NW, Suite 500 West Washington, DC 20001 magee@khlaw.com Attorneys for Defendants  citation Consolidation filing Are warrant proceedings the Formal Rcd stipulated Bureau. the Reconsideration. 2 Commission 008 1.721(g), Teleco,nmtmications Pennsyluanja also complies concurrently rules Schedule relevant 20$ proceeding. 418-7336, (202) 2019. Defendants Ed), Defendants) (collectively Dear Although Staff See Pole Federal Communications Filed (filed 14078 formal be also deadlines Pennsylvania and Attachment has Counsel: 418-0198, to and Complaints If submitted Report The This Anthony (k). On Against to facts, Amendment Nov. material that authority with with motions (2014) for Rules to and  are  s pole complaint November should Power schedule Order. 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Section number contains modify Complaints the formal EB-J § Section § should 1.721. § Order 208 29 Rule See 21, cases (Met 9-MD- is 224. 208 rules the that a is of FCC (202) from of on 2) By December 30, 2019, Verizon must file and serve a reply to the answer that complies with 47 CFR § 1.728. Any second request for interrogatories posed by Verizon must be filed and served concurrently with its reply. 47 CFR § 1.730(a). 3) A party must file and serve any opposition and objections to the opposing party s interrogatories within seven calendar days after service of the interrogatories. Any interrogatories to which no opposition or objection is raised must be answered within 20 days after service. 47 CFR § 1.730(c). 4) The parties must meet to discuss the resolution or narrowing of as many issues as possible. Such discussions should include the following matters: settlement prospects, discovery, factual and legal issues in dispute, the case schedule, and the preparation of joint statements. See 47 CFR § 1.733(b). Based on these discussions, the parties should prepare joint statements of (a) stipulated facts, disputed facts, and key legal issues; and (b) all proposals agreed to and any disputes remaining regarding the matters listed in 47 CFR § l.733(b)(1). The joint statements must be filed by January 16, 2020. The parties may submit these two joint statements in a single document if each is separately identified therein. We strongly encourage the parties to devote substantial effort to developing comprehensive and detailed joint statements. See Formal Complaints Reco,z Order, 16 FCC Rcd at 5696-97, para. 35. 5) An initial status conference in this proceeding has been scheduled for January 30, 2020, at 9:30 am (EDT), at the Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554. See 47 CFR § 1.733. We strongly encourage each party to include in the conference a client representative 2th with knowledge of the central facts and authority to settle the dispute. After clearing security at the I Street entrance, the parties should call Anthony DeLaurentis at 418-0198 to be escorted to the conference. See 47 CFR § 1.733. The parties also should be prepared to spend at least four hours in conference. 6) The above schedule anticipates final action on the Complaint within 270 days of its filing. See Ritle Consolidation Order, 33 FCC Rcd at 7 185-6, paras. 22-23. The Enforcement Bureau has discretion to pause the 270-day review period where actions outside the Commission s control (such as settlement discussions or mediation) delay Commission review of the complaint or where the Bureau determines that the issues and record are particularly complex, necessitating additional time for discovery or briefing. See 47 CFR § 1.740(b); Rule Consolidation Order, 33 FCC Rcd at 7186, para. 23. In light of the 270-day review period, we will be disinclined to grant requests for deadline extensions, absent a showing of good cause. Further, tight deadlines will apply to any discovery and briefing that may be permitted in this matter, and discovery and briefing must be completed by February 13, 2020. The parties and their counsel should plan their schedules accordingly. The parties must file a public version of all written submissions in this proceeding using the Commission s Electronic Comment Filing System (ECFS). All written submissions should (a) prominently contain the Proceeding Number and Bureau ID Number referenced above (see, e.g., 47 CFR § 1.7), and (b) be addressed to the Commission Secretary. If a party seeks to file both a public version and a confidential version of a submission, it should file the public (redacted) version on ECFS and file the confidential (unredacted) version in hard copy form with the Office of the Commission Secretary. See 47 CFR § 1.731. In addition to filing the unredacted version with the Office of the Secretary, please leave at that office three additional unredacted hard copies marked as  Courtesy Staff Copies. EB-MDRD, 202-418-7330. See 47 U.S.C. § 154(i); 47 CFR § 1.734(e). The parties must serve all filings via e-mail, hand-delivery, or overnight delivery, (Continuedfrom previouspage) complaintrules  are designed so that a defendant sanswer is a comprehensivepleadingcontainingcomplete factual and legal analysis, includinga thoroughexplanationof every ground for dismissingor denying the complaint. (quoting formal Complaints Reco,i Order, 16FCC Rcd at 5696, para. 34); Rule Consolidation Order, 33 FCC Rcd at 7183, para. 14 ( [W]e consider there to be few circumstancesjustifying the filing of a separatemotion to dismiss )). 3 47CFR Amendment Commission s are Commission permits together 1.720-1.740, proceeding 154(j), 154(i), required 208, 208(a); We This full with 0.111,0.311. courtesy issue 224, text Order, to proceeding staff 1.1401-1415, proof decision 47 retain searching, Sections this CFR upon 29 of copies all letter service. 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