XXIX. Scoping

In this part of today's decision, we announce preliminary determinations and scoping, as required by Rule 6(c)(2). This proceeding is quasi-legislative in character. We see no need for a formal hearing. The issues for the proceeding are set forth in the "summary" at the beginning of the decision. We project final adoption and submission of the amended rule to the OAL within six months of the publication of the Notice of Proposed Rulemaking in the California Regulatory Notice Register; however, in no event will the time to finally resolve this proceeding exceed 18 months from the effective date of today's decision.

Finding of Fact

The proposed amendments to the Rules of Practice and Procedure (Title 20, Division 1, Chapter 1 of the California Code of Regulations) will update, clarify or simplify the Rules, and repeal outdated Rules.

Conclusion of Law

The proposed amendments to the Rules of Practice and Procedure and other required documents should be sent to the OAL for publication in the California Regulatory Notice Register. In order to begin and complete the adoption process promptly, this order should be effective immediately.

IT IS ORDERED that:

1. This Order Instituting Rulemaking will be served on the attached service list (Appendix D). Any interested person may request inclusion on the service list for this rulemaking by writing to the Commission's Process Office by March 24, 2006; the updated service list will be published by ruling and at the Commission's Internet site ( www.cpuc.ca.gov).

2. The Chief Administrative Law Judge will send today's decision and all required forms to the Office of Administrative Law in accordance with applicable provisions of the Government Code. For purposes of publishing the appended proposed rule amendments in the California Regulatory Notice Register, the Chief Administrative Law Judge is authorized to make nonsubstantive changes to the proposed rule amendments as may be required to prepare the rule for publication or to improve the overall clarity or consistency of the proposal.

3. The Chief Administrative Law Judge will publish the Notice of Proposed Rulemaking, the text of the proposed rule, and our initial statement of reasons for the proposed rule amendments on the Commission's Internet site.

4. Comments on the proposed rule amendments appended to this Order shall be filed and served on the updated service list on or before April 24, 2006. The comment period may be extended by a ruling of the assigned Administrative Law Judge.

This order is effective today.

Dated ____________________, at San Francisco, California.

Yacknin Appendices A - D

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