3. Procedural History and Revised Scoping Memo

We held two informal workshops after the issuance of interim D.07-01-009, on March 15 and June 29, 2007, to discuss and possibly refine the remaining issues from the rulemaking. The workshops were open to all interested persons and well-attended by intervenors and utilities. Issues discussed at the workshops included: future COLA increases, particularly for 2008 work; determining whether a "market analysis" of hourly rates for the purposes of setting future intervenor rates (2009 and beyond) should be conducted; the need to clarify how individual intervenor rates are determined in certain circumstances; the need to continue, in light of COLA increases, the requirement that utilities submit "Annual Data Reports" each spring with information on hourly rates paid to utility representatives, as directed in D.05-11-031 (our decision addressing 2005 intervenor rates, in Rulemaking 04-10-010); and, in closing this rulemaking, a linkage with future proceedings regarding the setting of hourly rates.

In light of the issues already addressed in the interim decision, and further discussion of these and related issues at the workshops, President Peevey, the assigned Commissioner in this proceeding, issued a revised Scoping Memo and Ruling (Scoping Memo) on September 18, 2007. No objections were filed to the revised Scoping Memo, which accomplished the following:

1) Expanded the scope of the rulemaking to include setting intervenor rates for work performed in 2008.

2) Expanded the scope to include establishing a COLA for 2008 work.

3) Determined that a study analyzing market rates for the purposes of setting future rates (2009 and beyond) should not be conducted now.

4) Directed that the rulemaking address:

(a) the showing or level of justification necessary for an individual representative to request an hourly rate increase greater than that generally adopted (e.g., a COLA) for representatives in any given level of experience;

(b) how the allowable step increases discussed in D.07-01-009 would apply in 2008, and beyond;

(c) whether, in light of the use of COLAs, the utilities' Annual Data Reports directed in D.05-11-031 should continue; and

(d) a procedural linkage to this rulemaking regarding the succession and frequency of future proceedings for the purposes of setting intervenor rates for 2009 and beyond.

We did not solicit comments on the revised Scoping Memo as these same topics were discussed at the June 29 workshop. Today's decision affirms the revised Scoping Memo and incorporates and discusses the comments from that workshop.