Scoping Memo

Rule 6(c)(2) of our Rules of Practice and Procedure provides that a rulemaking order "shall preliminarily determine the category and need for hearing, and shall attach a preliminary scooping memo." This rulemaking is preliminarily determined to be quasi-legislative, as that term is defined in Rule 5(d). We anticipate that hearings will not be required and herein solicit comments on whether we should amend GO 77-K to make the following changes:

1. Amend the executive compensation levels that trigger reporting under the GO and establish an automatic annual change based on the GDPPI.

2. Exempt CLECs/NDIECs from the requirements of GO 77.

The proposed timetable for this proceeding will be as follows:

Interested parties notify Process September 5, 2003

Office requesting to be on Service List

Assigned ALJ issues ruling September 22, 2003

to establish Service List

Opening Comments October 7, 2003

Reply Comments October 22, 2003

Proposed decision January 22, 2004

The assigned ALJ may issue rulings to adjust the timetable as necessary during the course of the proceeding.

Any person who objects to the preliminary categorization of this rulemaking, the need for hearing, or to the preliminary schedule, may file a motion with their objections within 30 days of the issuance of this order.

Pursuant to Rules 7(a) and 7(d), ex parte communications are permitted in this proceeding without any restrictions or reporting requirements.

Comments on Revised Draft Decision

The revised draft decision of the ALJ in this matter was mailed to the parties to Petition 02-12-039 in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure. In addition, a letter was sent to all CLECs/NDIECs, telling them about the proposed modifications to GO 77, and inviting their participation in this proceeding. The letter told CLECs/NDIECs that they could obtain a copy of this DD on the Commission's website or by contacting the Commission's Central Files. Comments were filed on _____________, and reply comments were filed on ___________.