13. Preliminary Scoping Memo

13.1. Scope of this Proceeding

This Commission supports a comprehensive review of all the issues encompassed by the objectives of this proceeding. Immediate actions may be required based on information developed within or moved into the record of this proceeding. Such actions will be presented for Commission action in interim decisions. Other matters may require either or a combination of workshops, written comments and replies, or full evidentiary hearings to develop and adequate record for Commission consideration.

At this point, we envision first receiving the reports from the utilities and the Independent Review Panel and holding the public participation hearings, and then conducting a prehearing conference (PHC) to gather input on the scoping memo for the remainder of the proceeding. We also anticipate determining whether to adopt the rules set forth in Attachment A early in this rulemaking. We are keenly aware that fully exploring all aspects of all of the issues set forth in today's decision would be impractical. Our goal will be to prioritize based on information obtained in the initial stage.

13.2. Preliminary Schedule

The preliminary schedule for this proceeding shall be as follows:

Within 45 days of the mailing date of this order, parties may file comments identifying issues that should be included in the scope of this proceeding but are not stated in this order. At the same time, the comments should address whether to adopt the rules set forth in Attachment A. The comments should also: identify the party and interest of the party in this proceeding (See Rule 1.4(b) of the Commission's Rules of Practice and Procedure (Rules)); raise any objections to or recommendations regarding this order's determinations as to categorization of the proceeding as ratesetting, the need for hearing, or scheduling (See Rule 6.2); and, identify any other procedural or substantive issues parties believe to be relevant.

As set forth above, the Commission will be convening public participation hearings throughout the state to receive public input. Reports are scheduled from the gas utilities and the Independent Review Panel. Further reports and recommendations may be forthcoming from the NTSB.

We anticipate holding a PHC to address scoping and scheduling issues late in the second quarter of this year. Shortly thereafter, the assigned Commissioner will issue a scoping memo setting forth the scope of the proceeding and establishing a procedural schedule. Subsequent to the issuance of such a scoping memo, evidentiary hearings, workshops and filed comments will be required to establish a full record.

We also anticipate issuing a proposed decision on whether to adopt the rules set forth in Attachment A as soon as practicable. The Commission may issue the proposed decision prior to the issuance of the scoping memo.

13.3. Proceeding Category and Need for Hearing

Rule 7.1(d) of the Commission's Rules specifies that an Order Instituting Rulemaking (OIR) will preliminarily determine the category of the proceeding and the need for hearing. We determine that this proceeding is ratesetting as defined in Rule 1.3(e), and evidentiary hearings may be necessary. At this point, we are unable to predict whether the issues may be resolved through comments and workshops or whether evidentiary hearings will be needed. A final determination on the need for hearings will be made in the assigned Commissioner's scoping memo.