PG&E has agreed to maintain a website where all non-confidential documents related to this proceeding can be accessed. Every party with internet access shall send to PG&E an electronic copy of all documents filed or served by the party in accordance with the instructions in Appendix D of this Ruling.
IT IS RULED that:
1. The scope of this proceeding is set forth in Section 3 of this ruling.
2. The schedule is set forth in Appendix A of this ruling.
3. Evidentiary hearings on the agricultural definition issue will begin at 9:00 a.m. on August 21, 2006. A second prehearing conference (PHC) on remaining issues is scheduled for Monday, November 29, 2006 at 1:30 p.m., and the associated evidentiary hearings will begin at 9:00 a.m. on December 4, 2006. The PHC and evidentiary hearings will be held in the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California 94102.
4. For the purpose of Article 2.5 of the Commission's Rules of Practice and Procedure (Rules), this ruling confirms that this proceeding is a ratesetting proceeding and that hearings are necessary.
5. Parties shall observe and comply with the applicable ex parte communications rules set forth in Rules 7 and 7.1.
6. Administrative Law Judge (ALJ) Fukutome is the principal hearing officer for this proceeding.
7. Any party requesting a final oral argument before the Commission shall file and serve such request on the same date that opening briefs are due.
8. The electronic filing and serving of documents shall conform to the Electronic Service Protocols set forth in Rules 2.3 and 2.3.1.
9. A party serving a document shall provide the following to the assigned ALJ: (i) a paper copy of the document; and (ii) an electronic copy of the document in Microsoft Word and/or Excel format, to the extent practical.
10. To the extent practical, parties shall use the web-based discovery protocols for obtaining information from Pacific Gas and Electric Company that are set forth in Appendix B.
11. Parties shall comply with the hearing ground rules in Appendix C.
12. PG&E shall establish and maintain a website where, to the extent practical, all non-confidential documents that are filed and/or served in this proceeding can be accessed. Parties shall email copies of documents they file and/or serve to the website in accordance with the instructions in Appendix D of this Ruling.
Dated May 25, 2006, at San Francisco, California.
/s/ RACHELLE CHONG | ||
RACHELLE CHONG Assigned Commissioner |
APPENDIX A
PHASE 2 PROCEDURAL SCHEDULE
Event |
Date |
PG&E updates exhibits |
06/26/06 |
Intervenors serve testimony on agricultural definition issue |
07/26/06 |
Rebuttal testimony on agricultural definition issue |
08/09/06 |
Evidentiary hearings on agricultural definition issue |
08/21/06 - 08/23/06 |
Opening briefs on agricultural definition issue due |
09/06/06 |
Reply briefs on agricultural definition issue due |
09/13/06 |
Division of Ratepayer Advocates serves testimony |
09/13/06 |
Meet and confer on settlement issues |
09/20/06 |
Intervenors serve testimony |
10/25/06 |
Mandatory settlement conference |
11/01/06 |
Proposed decision on agricultural definition issue |
11/13/06 |
All parties serve rebuttal testimony |
11/21/06 |
Joint Case Management Statement and Settlement Conference report filed and served |
11/28/06 |
Second Prehearing Conference |
11/29/06 |
Evidentiary hearings (Hearing will not be held on 12/08/06) |
12/04/06 - 12/18/06 |
Final decision on agricultural definition issue expected by |
12/14/06 |
Opening briefs due |
01/12/07 |
Reply briefs due |
01/26/07 |
Proposed decision |
03/23/07 |
Final decision expected by |
04/26/07 |
Note: The separate schedule for the agricultural definition issue is shown in italics.
(END OF APPENDIX A)
APPENDIX B
WEB-BASED DISCOVERY PROTOCOLS FOR OBTAINING INFORMATION FROM PG&E
Parties shall use the following web-based discovery protocols, to the extent practical, to obtain information from PG&E.
1. Parties should transmit their data requests to PG&E by email, preferably with the content document (discovery request) attached to the email. The email should be sent to Ann Kim (ahk4@pge.com) and Rene Thomas (rat9@pge.com). This will greatly facilitate the processes of routing the questions to the appropriate witness and the posting of the data request on PG&E's website.
2. PG&E's service of a data response shall be deemed complete once PG&E has (i) posted its response on its website, and (ii) sent an email to the requestor with the response appended as an attachment(s). In the case of confidential material, service shall be deemed complete when PG&E transmits an email directly to the requesting party with the response appended as an attachment(s). If a response includes material that is not available electronically, then the response shall be served by first class mail.
3. PG&E shall post its discovery responses on its website as set forth in Appendix D of this Ruling. The exceptions are PG&E responses that are not available electronically or that include confidential material. In general, a party should use PG&E's website to access PG&E's responses to data requests submitted to PG&E by other parties. However, PG&E shall provide a paper copy of discovery responses to any party that so requests, but parties should use this prerogative sparingly.
4. For parties that do not have ready access to the internet, PG&E shall accept data requests by mail and provide paper responses. Other parties may also use this procedure, but should do so sparingly.
APPENDIX C
HEARING GROUND RULES
Exhibit Format
See Rule 70 of the Rules of Practice and Procedure. Parties often fail to include a blank space two inches high by four inches wide to accommodate the ALJ's exhibit stamp. If necessary, add a cover sheet to the front of the exhibit. The common practice of pre-printing the docket number, a blank line for the exhibit number, and witness names(s) is acceptable, but it is not a substitute for the required two by four inch blank space to accommodate the exhibit stamp.
Exhibits should be bound on the left side or upper left-hand corner. Rubber bands and paper clips are unacceptable.
Excerpts from lengthy documents should include the title page and, if necessary for context, the table of contents of the document.
Although Rule 2 permits a type size as small as 10 points in filed documents, parties should use a type size of at least 12 points when practical.
Exhibit Copies
See Rule 71. The original and one copy of each exhibit shall be furnished to the presiding officer and a copy shall be furnished to the reporter and to each party. The copy furnished to the presiding officer may be the mailed copy. Except for exhibits that are served prior to the hearing, parties are responsible for having sufficient copies available in the hearing room for the court reporter and each party in attendance.
Cross-Examination Exhibits
Allowing witnesses time to review new or unfamiliar documents can waste hearing time. The general rule is that a party who intends to introduce an exhibit in the course of cross-examination should provide a copy to the witness and the witness' counsel before the witness takes the stand on the day the exhibit is to be introduced. Documents in excess of two pages should be provided the day before. Generally, parties need not provide advance copies of documents to be used for impeachment or to obtain the witness' spontaneous reaction (although this practice is not encouraged).
Corrections
The practice of making extensive oral corrections to exhibits on the witness stand, requiring lengthy dictation exercises, causes delays. It should be avoided, to the extent possible, through preparation of written errata. Corrections should be made in a timely manner by providing new exhibit pages on which corrections appear. Two forms of corrections should be provided. One form should show the text deleted with strikethrough and the text added with underline. The second form should show the text as corrected, with no strikethrough or underline. Also, each revised page should be marked with the word "revised" and the revision date.
Hearing Hours
Hearings will generally run from 9:00 a.m. to 12:00 p.m. with at least one morning break and from 1:30 p.m. to 3:30 p.m. with one afternoon break.
Cross Examination Time
Parties are placed on notice that it may be necessary to limit and allocate cross-examination time as well as time for redirect and recross-examination.
Rebuttal Testimony
Prepared rebuttal testimony should identify the testimony being rebutted. It is inappropriate, and a potential grounds for striking, for any party to withhold direct presentations for introduction in rebuttal testimony.
Court Reporters
Common courtesy should always be extended to the reporters. Counsel should wait for witnesses to finish their answers, and witnesses should likewise wait for the whole question to be asked before answering. Counsel shall refrain from simultaneous arguments on motions and objections. Conversations at the counsel table or in the audience can be distracting to the reporter and other participants. Such distractions should be avoided.
(END OF APPENDIX C)
APPENDIX D
PROTOCOLS FOR WEB POSTING OF DOCUMENTS
PG&E has agreed to establish and maintain a dedicated website for its Test Year 2007 General Rate Case, Phase II. Parties and the public can access documents posted to the website at http://www.pge.com. (Select "Rates and Regulations," then "CPUC and FERC Regulatory Cases," then "Search for Public Case Documents." Under "Properties Search," select "GRC 2007 Ph II.")
Every party with internet access shall send by email all public version documents that the party files and/or serves to GRC2007PhIIdocuments@pge.com as an attachment. For documents containing confidential material subject to Pub. Util. Code § 583 or a non-disclosure agreement, a redacted copy shall be sent to the above email address. Documents received by PG&E during normal business hours (M-F, 8:30 a.m. to 5:00 p.m.) shall be posted within three hours after receipt. Documents received by PG&E outside of normal business hours shall be posted by 11:30 a.m. on the next business day. If a document is not timely posted, PG&E's shall promptly post the document after discovery of the error.
To minimize differences in pagination upon printing, parties should save their documents using Microsoft Office (Word, Excel, and Powerpoint) or Adobe Portable Document Format (pdf). Files converted by Adobe Acrobat from other document formats are preferred to files that contain scanned images due to file size and searchability features.
(END OF APPENDIX D)
CERTIFICATE OF SERVICE
I certify that I have by mail this day served a true copy of the original attached Assigned Commissioner's Ruling and Scoping Memo on all parties of record in this proceeding or their attorneys of record.
Dated May 25, 2006, at San Francisco, California.
/s/ ELIZABETH LEWIS |
Elizabeth Lewis |
NOTICE
Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.
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The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.
If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074, TTY 1-866-836-7825 or
(415) 703-5282 at least three working days in advance of the event.