8. Revised Need for Hearing

In Resolution ALJ 176-3243, dated October 29, 2009, the Commission preliminarily determined that hearings were needed in A.09-10-022. Similarly, in Resolution ALJ 176-3244, dated November 22, 2009, the Commission preliminarily determined that hearings were needed in A.09-10-034. The Assigned Commissioner's Ruling and Scoping Memo (Scoping Memo) dated January 5, 2010, reversed these preliminary determinations, and determined that hearings were not needed. However, the Scoping Memo left open the possibility that hearings might be held and provided an opportunity for parties to file motions for evidentiary hearings. There were no motions for evidentiary hearings. Accordingly, there is no need for evidentiary hearings.

Rule 7.5 requires the Commission to approve a change to the preliminary determination on the need for hearings. For the preceding reasons, today's decision reverses the preliminary determination in Resolutions ALJ 176-3243 and ALJ 176-3244 that hearings are needed in this proceeding. In accordance with Rule 7.5, today's decision finds that evidentiary hearings are not needed.