FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Market Disputes Resolution Division 445 12th 5 Washington, DC 20554 November 26, 2019 Copies sent by E-mail and U.S. Mail NOTICE OF FORMAL COMPLAINT Verizon Maryland LLC, ) ) Complainant, ) ) Proceeding Number 19-355 v. ) Bureau ID Number EB-19-MD-009 ) The Potomac Edison Company, ) ) Defendant. ) Curtis L. Groves The Potomac Edison Company Verizon do The Corporation Trust, Inc. 1300 I Street, NW 2405 York Road Suite 500 East Suite 201 Washington, DC 20005 Lutherville Timonium, MD 21093 (202) 515-2179 curtis.groves@verizon.com Resident Agent for Defendant Christopher S. Huther Robert M. Endris, Esq. Claire J. Evans FirstEnergy Service Company Wiley Rein LLP 76 5. Main St. 1776 K Street, NW Akron, OH 4430$ Washington, DC 20006 rendris@firstenergycorp.com (202) 719-7000 chuther@wileyrein.com Thomas B. Magee, Esq. cevans@wileyrein.com Keller Heckman 1001 G Street NW, Suite 500 West Counsel for Complainant Washington, DC 20001 magee @khlaw.com Attorneys for Defendant complaint citation Are filing proceedings legal warrant Formal the Consolidation Rcd the Reconsideration, Bureau, stipulated 2 Tetecou,mu,,icarions Bureau that also 1.72 Con,,,,ission concurrently rules Schedule relevant 208 proceeding. 418-7336, (202) by should against Dear 1934, Although StatThas See Pole Federal Communications hand-delivery Filed 1(g), 14078 complies formal be analysis. also deadlines and Attachment Counsel: 418-0198, as ID to and Complaints contact submitted Report The The This Anthony On (k). to Agaiiisr Amendment amended facts, rules material authority with Number for motions (2014) Rules and to pole  are  s complaint November Potomac schedule We including with Order. 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Maryland 182-83, legal which and a contained 23, defendant s 7178 at Any Section I written and proceedings, example. Nov. are 54. (Forn,al Governing § § (Potomac Procedure is 2019, issues, 1.730(a). they and 224. is (2018) interrogatories 0.311 Maryland of anthony.delaurentis@fcc.gov. Commission para. Complaints are rules paras. the 21, of set 21, record Rules 1.740 LLC Order. in should found every Potomac in filing along 2019) forth the answer Order). the Complaints of 2019. Potomac 120,47 relevant (Rule accordance 13-14 v. Formal Relating Edison) the Governing of Commission consisting Responses formal 12 The which ground be must LLC at47 with the below. (Complaint). 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Company. to must proceeding. have Amenthne,,t as or pleading Format 47 and establishes 224 the Be with CFR of this the answer, denying Iniptementation (r), CFR are Edison DeLaurentis s (Fonnal Potomac that Followed Con,mnum,ications serve comply to of a filed In circumstances proceeding 1.726(b). in rarely this copy Delegated file § Complaints the as addition, § material. containing the Proceeding reply. well the an with I.l40ll.l4l5.2 Commission 0.111,0.311, fact-based must Communications of record. a Complaints rules My of warranted. 47 with answer when Edison schedule complaint. Certain the as Further, the CFR and phone differ ifa be to of See governing the the phone complete Under Complaint Formal the of complaint Number joint filed the filing Act, 47 § pleadings. to oftlie 47 immediately Commission s individual additional (continued....) significantly Ei,Jrcement 1.729(d): The for Order), number Section CFR to the CFR a statement Order, Section and number contains (quoting modify complaint Complaints the formal complaint factual 19-355. § Section Act § served should as 1.721. Order 208 29 See Rule cases is 208 rules served the of is of a (202) FCC from and of on 2) By January 2, 2020, 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 § 1.733(b)(1). The joint statements must be filed by January 20, 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 Recoji Order, 16 FCC Rcd at 5696-97, para. 35. 5) An initial status conference in this proceeding has been scheduled for February 3, 2020, at 9:30 am (EDT), at the Federal Communications Commission, 445 12thStreet, SW, Washington, DC 20554. See 47 CFR § 1.733. We strongly encourage each party to include in the conference a client representative with knowledge of the central facts and authority to settle the dispute. After clearing security at the 12th 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 Rule 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 Consotidatioit 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 17, 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, together with proof of service. See 47 CFR § 1.734(f). Also, please email to Commission counsel for this proceeding courtesy copies of all filings (both public versions and confidential versions) in a format that (Continuedfrom previouspage) formal ComplaintsRecotiOrder, 16FCCRcd at 5696,para. 34); Rule Consolidation Order, 33 FCCRcd at 7183,para. 14 ( [WJeconsiderthere to be few circumstancesjustifyingthe filingof a separatemotionto dismiss 3 47 Commission s Amendment are Commission 1.720-1.740, permits 154tj), 154(i), CFR required 208, 208(a); We This full § 0.111, issue 224, text Order, to proceeding staff 1.1401-1415, decision 47 retain searching, Sections this CFR 0.311. upon 29 all letter FCC § in request). records is 42.7. this 1.3, and restricted if ruling Rcd possible. proceeding 1.720-1.740, the that at under authority 14081, may for See Federal Enforcement Rosemary Division FEDERAL exparte Sections be is para. 47 and delegated final relevant U.S.C. 1.1401-1415 Communications 11 purposes. 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