9. Proceeding Category, Need for Hearings

In Resolution ALJ 176-3245, dated December 3, 2009, the Commission preliminarily determined that the category of this proceeding is ratesetting as defined in Commission's Rules of Practice and Procedure (Rules) 1.3(e), and that hearings are not necessary. The parties did not oppose Commission's preliminary categorization of this proceeding and the preliminary categorization and the need for hearing are confirmed.

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