8. Proceeding Category and Need for Hearings

In Resolution ALJ 176-3240, dated September 10, 2009, the Commission preliminarily categorized this proceeding as ratesetting and preliminarily determined that hearings were needed. However, at the PHC held on February 10, 2010, the parties agreed that hearings were not needed because there were no material issues of fact. Accordingly, the Scoping Memo affirmed the Commission's preliminary determination on the category of this proceeding, but reversed the preliminary determination on the need for hearings, and determined that hearings were not needed. Today's decision affirms that evidentiary hearings are not needed in this proceeding.