XI. Ex Parte Communications
This quasi-legislative proceeding is subject to Pub. Util. Code § 1701.4. No restrictions on ex parte communications apply.
Therefore, IT IS ORDERED that:
1. A rulemaking is instituted to re-examine the Commission's policies and rules related to electromagnetic fields (EMFs) emanating from electric utility facilities and to evaluate what changes, if any, to the Commission's current policies and rules should be undertaken.
2. Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company are respondents.
3. The Executive Director shall cause a copy of this order to be immediately served on all respondents and on the service lists in I.91-01-012, A.02-07-022, A.02-09-043, A.03-03-043, A.01-03-036, and A.99-11-025.
4. Individuals and organizations that have an electronic mail address shall provide that address to the Commission's Process Office at process_office@cpuc.ca.gov or (415) 703-2021, without delay. Provide the proceeding number, your name and organization, party status (i.e., appearance, state service or information only) and electronic mail address. Individuals and organizations that wish to be removed from the service list should also contact the Process Office with this request.
5. All parties shall abide by the Electronic Service Protocols attached to Appendix A to this order.
6. We preliminarily determine that this is a quasi-legislative proceeding and that evidentiary hearings will be required.
7. Parties shall file and serve comments or objections on the categorization of this proceeding and need for hearings within ten days of the effective date of this decision. These comments or objections shall be served on the service list in
I.91-01-012.
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.
