5. Clarification of Order Instituting
Rulemaking

The OIR named as respondents to the proceeding all electric corporations, all registered ESPs, and any CCA that becomes registered during the course of this proceeding. It has come to the Commission's attention that, after the ESP registration list used to prepare the OIR was compiled, three ESPs requested cancellation of their registration. These are BP Energy Company (ESP #1366), Modesto Irrigation District (ESP #1151), and Quiet Energy (ESP #1368). By ruling dated January 23, 2006, the ALJ excused these ESPs from required participation in this proceeding and determined that any other ESP whose registration is cancelled during the course of the proceeding would, upon confirmation of such cancellation by the Energy Division, be similarly excused from further participation. We hereby affirm that ruling.

The ALJ's January 23 ruling also announced that a recommendation would be made that the OIR be modified to provide for the removal of such entities as respondents to the proceeding, which recommendation was made in the draft decision on Local RAR issues. No purpose is served by requiring the participation of ESPs that have elected to discontinue their operations, as evidenced by their cancelled registration. This order provides for such modification of the OIR.