See Ex. SPP-1 (highlighted pages of non-conforming terms and conditions in the AEP Agreement).
See Ex. 5. The e-mail notice will include a link to the applicant’s Background Check Report and a copy of the criminal record information that the applicant self-disclosed at the time he or she applied. MSG will send a follow-up, reminder e-mail to all applicants four (4) days later which will provide a second link to the applicant’s Background Check Report and a copy of the criminal record information that the applicant self-disclosed at the time he or she applied. In determining whether an applicant who did not fully and accurately disclose his or her criminal conviction history will be offered employment, MSG will consider whether the applicant provides MSG with information to MSG’s satisfaction that the applicant did not intentionally misrepresent his or her criminal conviction history. In such review, MSG will consider, among other factors, the extent to which the applicant demonstrates with credible explanation, that the applicant was confused about the applicant’s criminal conviction history and/or that the applicant made a good faith effort to fully and accurately disclose such history. For example, MSG will consider as an important factor that the applicant disclosed his or her most serious criminal conviction(s).
See Ex. Liberty Utilities-1, at 4-1:1–4-8:13. 10
See Ex. 4 (Second Am. J. Conf. Stip.) at 3, 6. Moreover, persons receiving Confidential Information must agree to Appendix A, which forbids any use of Confidential Information outside this proceeding for any purpose in any form. These kinds of redactions are not authorized under the Confidentiality Stipulation—to which CMA has agreed—and are unnecessary given that each document is protected as Confidential Information under the Confidentiality Stipulation. CMA even designated these documents at the highest level of Confidential Information, Outside Counsel Eyes Only (“OCEO”). Golden Decl. ¶¶ 5, 7; see Dkt.
See Ex. SPP-1 (highlighted pages of non-conforming terms and conditions in the Western Farmers Agreement).
See Ex. DPU-Gas 2-1. They dismiss the New York ConEd gas demand response pilot based on its pilot status, without discussing any reasons why it would not make sense to run a parallel Massachusetts pilot. Id. The gas PAs also dismiss the concept of interruptible service tariffs as unworkable because an interruptible gas tariff is typically backed up by delivered fuels on the customer’s end. Id. However, they make no mention of even having considered a demonstration that makes use of air source heat pumps installed cost effectively for cooling purposes, see Ex. DPU-Comm 5-7, as the backup heating technology and replacement of gas- powered appliances with electric. The gas PAs already acknowledge the potential for gas savings associated with heat pump installations intended primarily for cooling for their customers. Ex. DPU-Comm 2-5 (“In the event that a gas heat customer installs heat pump technologies that reduce natural gas usage, the Program Administrators may offer incrementally higher incentive levels based upon gas savings.”).
See Ex. A at DEF000128 (Declaration of Xxxxxxx Xxxxx Xxxxxxxx, Oct. 30, 2020 (“Xxxxxxxx Declaration”) ¶ 4). 2 See id. such right exists with respect to existing joint use poles. The agreement only allows for termination with respect to future jointly used poles.3 For this reason, there is no such thing as a “renewal” with respect to existing joint use poles, because neither party has a corresponding right of termination with respect to existing joint use poles.4 DEF further admits that the parties share approximately 67,500 jointly used poles, with DEF owning approximately 62,300 and AT&T owning approximately 5,200. DEF denies any remaining allegations in paragraph 3.
See Ex. E at DEF000212-13, DEF000234-236 (Declaration of Xxxxxxx X. Xxxxxxxx, CPA, CVA, Oct. 30, 2020 (“Metcalfe Declaration”) ¶¶ 18-22, Ex. E-1, Ex. E-2).
See Ex. 3 at DEF000266 (1990 Amendment, Section 10.4(b)); see also Ex. A at DEF000129-30 (Xxxxxxxx Declaration at ¶ 7).
See Ex. A at DEF000130 (Xxxxxxxx Declaration ¶ 8). 31 See id. at DEF000132 (Xxxxxxxx Declaration ¶ 12).
