VII. Ex Parte Communications

This ratesetting proceeding is subject to Pub. Util. Code § 1701.3(c), which prohibits ex parte communications unless certain requirements are met (see also, Rule 7(c)). An ex parte communication is defined as "any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural issues, that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter." (Pub. Util. Code § 1701.1(c))(4).) Commission rules further define the terms "decisionmaker" and "interested person" and only off-the-record communications between these two entities are "ex parte communications."²⁰

By law, oral ex parte communications may be permitted by any commissioner if all interested parties are invited and given not less than three business days' notice. If such a meeting is granted to any individual party, all other parties must be granted individual ex parte meetings of a substantially equal period of time and shall be sent a notice at the time the individual request is granted. Written ex parte communications may be permitted provided that copies of the communication are transmitted to all parties on the same day. (Pub. Util. Code § 1701.3(c); Rule 7(c).) In addition to complying with all of the above requirements, parties must report ex parte communications as specified in Rule 7.1.

ORDER

Therefore, IT IS ORDERED that:

1. The Commission hereby institutes this rulemaking on its own motion to continue its ongoing efforts to promote policy and program coordination and integration in electric utility resource planning.

2. Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), and San Diego Gas & Electric Company (SDG&E) are Respondents to this proceeding.

3. This is the successor proceeding to the Commission's procurement rulemaking, R.01-10-024, and the record developed in that proceeding is fully available for consideration in this proceeding.

4. The Executive Director shall cause this Order Instituting Rulemaking (OIR) to be served on Respondents, the California Energy Commission, the California Consumer Power and Conservation Financing Authority, the California Independent System Operator, and parties to the following existing Commission proceedings: R.01-10-024; R.03-10-003; R.02-06-001; R.99-10-025 and R.04-03-017; R.01-08-028; I.00-11-001; R.04-01-026; R.99-11-022; and R.04-01-025.

5. Within 20 days from the date of mailing of this order, any person or representative of an entity interested in monitoring or participating in this rulemaking shall send a request to the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California, 94102 (or ALJ_Process@cpuc.ca.gov) asking that his or her name be placed on the official service list for this proceeding. Parties shall also appear at the first prehearing conference (PHC) in order to enter an appearance in the proceeding.

6. All parties shall abide by the Electronic Service Protocols attached as Appendix A to this order.

7. The category of this rulemaking is preliminarily determined to be "ratesetting." Any person who objects to the preliminary categorization of this rulemaking as "ratesetting" shall state its objections in its PHC Statement.

8. Respondents shall, and other parties may, file comments on the issues identified in the OIR, in their prehearing conference statements by April 26, 2004. Subsequent filings or testimony shall be submitted in accordance with the schedule developed at the first PHC, or in a subsequent ruling, as applicable.

9. The first PHC shall be held on April 30, 2004, at 10:00 a.m. in the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco.

10. The ALJ may make any revisions to this schedule, as necessary to facilitate the efficient management of the proceeding.

This order is effective today.

Dated , at San Francisco, California.

APPENDIX A

ELECTRONIC SERVICE PROTOCOLS

Party Status in Commission Proceedings

These electronic service protocols are applicable to all "appearances." In accordance with Commission practice, by entering an appearance at a prehearing conference or by other appropriate means, an interested party or protestant gains "party" status. A party to a Commission proceeding has certain rights that non-parties (those in "state service" and "information only" service categories) do not have. For example, a party has the right to participate in evidentiary hearings, file comments on a proposed decision, and appeal a final decision. A party also has the ability to consent to waive or reduce a comment period, and to challenge the assignment of an Administrative Law Judge (ALJ). Non-parties do not have these rights, even though they are included on the service list for the proceeding and receive copies of some or all documents.

Service of Documents by Electronic Mail

For the purposes of this proceeding, all appearances shall serve documents by electronic mail, and in turn, shall accept service by electronic mail.

Usual Commission practice requires appearances to serve documents not only on all other appearances but also on all non-parties in the state service category of the service list. For the purposes of this proceeding, appearances shall serve the information only category as well since electronic service minimizes the financial burden that broader service might otherwise entail.

Notice of Availability

If a document, including attachments, exceeds 75 pages, parties may serve a Notice of Availability in lieu of all or part of the document, in accordance with Rule 2.3(c) of the Commission's Rules of Practice and Procedure.

Filing of Documents

These electronic service protocols govern service of documents only, and do not change the rules regarding the tendering of documents for filing. Documents for filing must be tendered in paper form, as described in Rule 2, et seq., of the Commission's Rules of Practice and Procedure. Moreover, all filings shall be served in hard copy (as well as e-mail) on the assigned ALJ.