5. Preliminary Scoping Memo

This rulemaking will be conducted in accordance with Article 6 of the Commission's Rules of Practice and Procedure. As required by Rule 7.3, this order includes a preliminary scoping memo as set forth below.

5.1. Issues

The issues to be considered in this proceeding are largely described earlier in this OIR. Notably, do existing rate design structures and statutory requirements support the ability of the Commission and electric utilities to enact electricity policies; would implementing time varying rates instead of or in combination with the existing tier structure allow for the creation of a more equitable rate structure and better meet the Commission's rate objectives; and are changes to existing statutes needed to implement a preferable rate structure?

5.2. Category of Proceeding and Need for Hearing

Pursuant to Rule 7.1(d), we preliminarily determine the category of this rulemaking to be quasi-legislative as the term is defined in Rule 1.3(d), as this proceeding is considering the general topic of rate design. The Commission will monitor the categorization and may recategorize the proceeding as ratesetting, or open a future ratesetting phase should it prove necessary for efficient handling of this proceeding.

We must preliminarily address the need for hearing. (Rule 7.1(d).) Although we expect that many of the issues may be resolved through the formal filing of comments and replies, we preliminarily determine that hearings may be needed, at least on some issues. Additionally, we anticipate that public participation hearings may also be needed.

5.3. Schedule

For purposes of meeting the scoping memo requirements and to expedite the proceeding, we establish the following preliminary schedule:

DATE	EVENT
June 21, 2012	OIR issued
July 2012 (30 days from mailing of this OIR)	Deadline for requests to be on service list
August 2012	Workshop on preliminary list of questions
August 2012	Assigned Commissioner's Ruling with specific questions for comment
September 2012	Initial Comments filed and served
October 2012	Reply Comments filed and served
October/November 2012	Prehearing Conference
November 2012	Scoping Memo

5.4. Modification Process

Any person filing comments on this OIR shall state any objections to the preliminary scoping memo regarding the category, need for hearing, issues to be considered or schedule. (Rule 6.2.)

The assigned Commissioner through his/her ruling on the scoping memo and subsequent rulings, and the assigned ALJ by ruling with the assigned Commissioner's concurrence, may modify the schedule as necessary during the course of the proceeding. We anticipate this proceeding will be resolved within 18 months from the issuance of the scoping memo.