2. Procedural Background

A prehearing conference (PHC) took place in this proceeding on December 3, 2008. During the discussion at the PHC, the parties agreed that as a result of informal discovery between them, there appeared to be little dispute as to the relevant facts in this case. Accordingly, Utility Consumers' Action Network (UCAN) suggested that hearings were unnecessary, and that the case should be submitted on the basis of a stipulated set of facts, followed by briefing. Mpower agreed and noted that even if some factual issues remained, they were not likely to be numerous, so they could probably be resolved through cross-motions for summary judgment supported by declarations. (PHC Transcript at 4-6.) The assigned Administrative Law Judge (ALJ) stated that he was amenable to this approach, although he would reserve final judgment until he had read the proposed stipulation of facts and briefs.

At the conclusion of the PHC, it was agreed that the parties would submit the proposed joint stipulation of facts (or a statement that they had been unable to agree on one) on January 14, 2009.⁴ It was also agreed that concurrent opening briefs would be filed on January 28, 2009, and concurrent reply briefs on February 11, 2009. (Id. at 23-24.)

The parties adhered to this schedule, and a scoping memo was issued on April 8, 2009.⁵ After summarizing the procedural history of the case, the Scoping Memo concluded that a hearing was not necessary, because "the parties have submitted a detailed stipulation of facts and opening and reply briefs. Taken together, the stipulation and briefs are sufficient to resolve the factual issues, if any, presented by this case." (Scoping Memo at 6.)

On July 30, 2009, we issued Decision (D.) 09-07-042, which - pursuant to Pub. Util. Code § 1701.2(d) - extended the deadline for resolving this adjudicatory proceeding until February 12, 2010. On February 4, 2010, we issued D.10-02-006, which further extended the deadline for resolving this proceeding until November 19, 2010.

⁴ Due to computer problems, the Joint Stipulation of Facts was actually submitted the next day, on January 15, 2009.

⁵ Scoping Memo and Ruling of Assigned Commissioner and Administrative Law Judge, issued April 8, 2009 (Scoping Memo).