9. Proceeding Category and Need for Hearing

Rule 7.1(d) of the Commission's Rules of Practice and Procedure provides that a rulemaking order "shall preliminarily determine the category and need for hearing, and shall attach a preliminary scoping memo." This rulemaking is preliminarily determined to be quasi-legislative, as that term is defined in Rule 1.3(d). Rule 1.3 (d) states " `quasi-legislative' proceedings are proceedings that establish policy or rules (including generic policies or rules) affecting a class of regulated entities, including those proceedings in which the Commission investigates rates or practices for an entire regulated industry or class of entities within the industry." This rulemaking will focus on policies and rules of general application.  To the extent that the Commission will develop and implement rates and tariffs for alternative-fueled vehicles, that process will occur in either a separate ratesetting phase of this proceeding or in separate utility-specific applications. Further, we preliminarily determine that evidentiary hearings are not needed in this proceeding.

Any person who objects to the preliminary categorization of this rulemaking, the determination that hearings are not required, or the schedule shall state their objections in their initial comments and reply comments. The assigned Commissioner will issue a scoping memo making a final category determination. The final determination as to category is subject to appeal, as set forth in Public Utilities Code § 1701.5 and Rule 7.6(a).

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