IV. Category of Proceeding

The Commission's Rules of Practice and Procedure require that an order instituting rulemaking preliminarily determine the category of the proceeding and the need for hearing.¹ As a preliminary matter, we determine that this proceeding is ratesetting because our consideration and adoption of EMF policies regarding utility transmission lines will establish mechanisms that affect respondents' costs, which will in turn affect respondents' rates.² At this time, we do not anticipate the need to hold evidentiary hearings, but recognize that parties' comments may identify the need for evidentiary hearings.

As provided in Rule 6(c)(2), any person who objects to the preliminary categorization of this rulemaking as "ratesetting" or to the preliminary hearing determination noted above shall state its objections in its responsive comments to this OIR. At or after the first prehearing conference (PHC) in this matter, the Assigned Commissioner will issue a scoping ruling making a final category determination; this final determination is subject to appeal as specified in Rule 6.4.