4. Revised Need for Hearings

In Resolution ALJ 176-3242 the Commission preliminarily determined that hearings were necessary in A.09-09-021. A PHC was held on November 23, 2009, and a Scoping Memo was issued on January 5, 2010. Parties at the PHC requested the opportunity to revisit the question of whether hearings would be necessary after written testimony was served. Following the submission of intervenors testimony on February 22, 2010, and parties rebuttal testimony on March 10, 2010, on March 24, 2010, the parties agreed that hearings would not be necessary. 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 176-324 that hearings are needed in this proceeding. In accordance with Rule 7.5, today's decision finds that evidentiary hearings are not needed.