Early Neutral Evaluation

The parties have agreed to participate in an ENE of the substantive issues involved in this proceeding. ENE is an assessment of a case soon after it has been filed by one or more experienced ALJs (evaluators) based on brief presentations by the parties to the case. This proceeding lends itself to an ENE assessment, since the complaint alleges numerous violations and requests detailed relief and defendant asserts many, if not all, of the issues raised and relief requested are beyond the jurisdiction of the Commission. The evaluator(s) have no decision-making authority in the case. After the parties' presentations, the evaluator(s) will provide an assessment of the apparent strengths and weaknesses of each party's position. The parties will then be invited to discuss settlement. If the case does not settle, the evaluator(s)' assessment will be kept confidential. However, the evaluator(s) may assist the parties in simplifying and tailoring the case for hearing. After the issuance of this Scoping Memo, an Assistant Chief ALJ will contact the parties to make arrangements for the ENE. Normally a proceeding of this size would require one evaluator. However, after conferring with the ALJ Division, I agree this case will be assigned three evaluators for training purposes. The ENE will be held and completed no later than February 9, 2006. I direct the parties to cooperate fully with the evaluator(s).