X. Ex Parte Communications
This quasi-legislative proceeding is subject to Rule 7, which specifies standards for engaging in ex parte communications and the reporting of such communications. Pursuant to Rule 7(d) ex parte communications will be permitted without restriction or reporting requirement.
ORDER
Therefore, IT IS ORDERED that:
1. A rulemaking is instituted on the Commission's own motion to examine the adoption of generic ratemaking policy (Rule 5(d)) to account for the consideration received by the California public utilities under the Settlement resolving the issues litigated in Public Utilities Commission of the State of California v. El Paso Natural Gas Company, et al., Federal Energy Regulatory Commission (FERC) Docket Nos. RP00-241-000, et al. (El Paso Complaint) and the consolidated lawsuits against El Paso in the San Diego Superior Court, the investigations by the Attorney Generals of the States of California, Nevada, Washington in Oregon, and related matters against El Paso in pending proceedings before the FERC.
2. Pacific Gas and Electric Company (PG&E), Southern California Edison (Edison), Southern California Gas Company (SoCalGas), San Diego Gas and Electric Company (SDG&E), and Southwest Gas Company (Southwest), are made respondents to this proceeding.
3. The Executive Director shall cause this Order Instituting Rulemaking (OIR) to be served on the respondents, the Executive Director of the California Energy Commission, the California Power Authority, the parties to the Settlement with El Paso, and on the parties to the following Commission proceedings:
1. PG&E's Application (A.) 02-11-017, general rate case (GRC)
2. SDG&E's A.02-12-028, cost of service (COS)
3. Edison's A.02-05-001, GRC
4. SoCalGas's A. 02-12-027, COS
5. Southwest's A.02-02-012, GRC
6. Electric Procurement, Rulemaking (R.) 01-10-024
7. Direct Access Cost Responsibility Surcharge, R.02-01-011
4. Within 10 days from the mailing date of this order, any person or representative of an entity who is interested in monitoring or participating in this rulemaking should send a letter to the Commission's Process Office and to the Public Advisor's Office, both of which are located at 505 Van Ness Avenue, San Francisco, California 94102, asking that the person's or representative's name be placed on the service list for this proceeding.
5. After service of this order and receipt of the letters referred to in Ordering Paragraph 4, the Process Office will develop a new service list for the proceeding. The assigned Commissioner, and the assigned Administrative Law Judge (ALJ) by ruling with the assigned Commissioner's concurrence, shall have ongoing oversight of the service list and may institute changes to the list or the procedures governing it as necessary.
6. The category of this rulemaking is preliminarily determined to be "quasi-legislative" as that term is defined in Rule 5(d) of the Commission's Rules of Practice and Procedure.
7. This proceeding is preliminarily determined not to require evidentiary hearings.
8. The expected timetable for this proceeding is as set forth in the body of this OIR. The assigned Commissioner, and the assigned ALJ by ruling with the assigned Commissioner's concurrence, may adjust the timetable as necessary during the course of the proceeding. It is not anticipated that this proceeding will require longer than four months to complete.
9. Any respondent or party that objects to the preliminary categorization of this rulemaking, the lack of evidentiary hearings, or the proposed timetable shall raise any such objection in a pleading filed within 10 days of the mailing date of this OIR.
10. All parties shall abide by the Electronic Service Protocols attached as Appendix A hereto.
This order is effective today.
Dated ________, in San Francisco, California.
APPENDIX A
Page 1
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.
APPENDIX A
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ELECTRONIC SERVICE PROTOCOLS
Electronic Service Standards
As an aid to review of documents served electronically, appearances should follow these procedures:
Merge into a single electronic file the entire document to be served (e.g., title page, table of contents, text, attachments, service list).
Attach the document file to an electronic note.
In the subject line of the note, identify the proceeding number; the party sending the document; and the abbreviated title of the document.
Within the body of the note, identify the word processing program used to create the document. (Commission experience indicates that most recipients can open readily documents sent in Microsoft Word or PDF formats.)
If the electronic mail is returned to the sender, or the recipient informs the sender of an inability to open the document, the sender shall immediately arrange for alternative service (paper mail shall be the default, unless another means is mutually agreed upon).
Obtaining Up-to-Date Electronic Mail Addresses
The current service lists for active proceedings are available on the Commission's web page, www.cpuc.ca.gov. To obtain an up-to-date service list of e-mail addresses:
Choose "Proceedings" then "Service Lists."
APPENDIX A
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ELECTRONIC SERVICE PROTOCOLS
· Scroll through the "Index of Service Lists" to the number for this proceeding.
· To view and copy the electronic addresses for a service list, download the comma-delimited file, and copy the column containing the electronic addresses.
The Commission's Process Office periodically updates service lists to correct errors or to make changes at the request of parties and non-parties on the list. Appearances should copy the current service list from the web page (or obtain paper copy from the Process Office) before serving a document.
Pagination Discrepancies in Documents Served Electronically
Differences among word-processing software can cause pagination differences between documents served electronically and print outs of the original. (If documents are served electronically in PDF format, these differences do not occur.) For the purposes of reference and/or citation in cross-examination and briefing, all parties should use the pagination found in the original document.
(END OF APPENDIX A)
