6. Comments and Schedule

Comments on this OIR may be filed, and shall be filed and served within 10 days of the date this order is mailed. Comments shall state any objections to the preliminary scoping memo regarding the category, need for hearing, issues to be considered, or schedule. (Rule 6.2.) Comments shall also address any matter a party believes should be considered for scoping at this time, and anything else necessary for the efficient, effective and equitable conduct of this proceeding.

A prehearing conference (PHC) does not appear necessary since this is a continuation of an existing proceeding. Further, written comments appear to provide sufficient opportunity to address all matters that would otherwise be raised at a PHC. Any party believing otherwise should file a motion seeking PHC.

The assigned Commissioner or the assigned Administrative Law Judge (ALJ) may alter the date for the filing of comments to promote efficient and fair administration of this proceeding. The assigned Commissioner will issue a ruling after considering comments on the OIR. The assigned Commissioners' Scoping Memo and Ruling will rule on the category, need for hearing, issues and schedule for the remainder of the proceeding. The final determination only as to category is subject to appeal. (Rule 7.6.)

This proceeding will conform to the statutory case management deadline for ratesetting matters set forth in Pub. Util. Code § 1701.5. In particular, it is our intention to resolve all relevant issues within 24 months of the date of the assigned Commissioner's Scoping Memo. This is consistent with the 24-month period adopted in R.06-02-012 and other similar matters.¹¹ In using the authority granted in § 1701.5(b) to set a time longer than 18 months, we consider the number and complexity of the tasks, the need to coordinate with other proceedings, the processes and role of the CEC (e.g., verify RPS deliveries and adopt Verification Reports) and the existence of pending legislation intended to alter some or all of the approaches used in this program.¹² We also recognize that this is an ongoing program with implementation and administration details not yet fully developed. This will likely take further active Commission policy-making involvement through 2010 or beyond. As such, we will most likely need to issue a successor OIR after this OIR is closed.

¹¹ See, for example, R.08-02-007, R.08-03-008, R.08-03-009, and I.08-03-010.

¹² In the 2007-2008 regular session, for example, there is AB 1807, SB 380 and SB 1714.