5. Preliminary Scoping Memo

Rule 7.1(d) of the Commission's "Rules of Practice and Procedure" (Rule 7.1(d)) requires that an order instituting rulemaking preliminarily determine the category and need for hearing, and contain a preliminary scoping memo. This OIR is preliminarily categorized as a quasi-legislative proceeding, as that term is defined in Rule 1.3(d).²

The scope of this proceeding is to create a Small Business Advisory Council, to determine whether to reimburse the staffing, travel and/or administrative costs of the members of the Small Business Advisory Council for work associated with the Council and to consider any other rules, procedures and changes the Commission needs to make to ensure that the Small Business Advisory Council is effective. The scope of this proceeding also includes considering whether and how the Commission may reimburse the staffing, travel and administrative costs for members of the Small Business Advisory Council for their work associated with the Council. The respondents to this OIR are the large investor-owned utilities (including large electric and gas utilities, large communications utilities and Class-A water companies). All respondents are directed and other interested parties are invited to comment on the rulemaking by January 20, 2011. We are particularly interested in hearing comments from the Division of Ratepayer Advocates, The Utility Reform Network, the California Small Business Association and the California Chamber of Commerce.

At this time, we do not anticipate holding formal hearings. Any party that believes a hearing is required to receive testimony regarding adjudicative facts must make an explicit request in its filed comments. Such request must (1) identify the material disputed facts, (2) explain why a hearing must be held, and (3) describe the general nature of the evidence that would be introduced at a hearing.

The timetable for this proceeding will depend on the input we receive from the parties. We anticipate issuing a final Commission decision in this proceeding within one year of issuing this OIR.

For purposes of addressing the scoping memo requirements, we establish the following tentative schedule, which is subject to change by the assigned Commissioner or the assigned Administrative Law Judge (ALJ) after review of the comments:³

² The preliminary determination is not appealable, but shall be confirmed or changed by assigned Commissioner's Ruling pursuant to Rule 7.3, and such ruling as to the category is subject to appeal under Rule 7.6.

³ Any changes to the schedule will be by written ruling. Pursuant to Rule 7.3(b), the assigned Commissioner has the discretion not to issue a scoping memo if no timely request for hearing is filed.