9. Proceeding Category and Need for Hearings

In Resolution ALJ 176-3228, dated January 29, 2009, the Commission preliminarily categorized this proceeding as ratesetting and preliminarily determined that hearings were needed. The Assigned Commissioner's Ruling and Scoping Memo (Scoping Memo) dated February 26, 2009, affirmed these preliminary determinations, but left open the possibility that hearings would not be held by requiring parties to file motions for evidentiary hearings by April 10, 2009. The evidentiary hearings, if held, were set to begin on April 30, 2009.

There were no motions for evidentiary hearings. After consulting with the assigned Commissioner, the assigned Administrative Law Judge (ALJ) issued a ruling on April 15, 2009, that canceled the previously scheduled evidentiary hearings.

Rule 7.5 requires that the Commission to approve a change to the preliminary determination on the need for hearings. Today's decision affirms that evidentiary hearings are not needed in this proceeding.