3.4 Schedule for Replies to Comments on Resolutions

In D.99-11-052, we proposed to allow replies to comments on draft resolutions and alternates to draft resolutions; virtually all parties had urged us to make such a change to our initially proposed rules. Roseville has a concern, however, with the schedule for replies set forth in proposed Rule 77.7(c) as modified. We note the schedule in the proposed rule parallels that in existing Rule 77.5 (governing replies to comments on proposed decisions). The due date for replies is five days after the filing of comments. Normally, commenters file on the latest date allowed under the rules, but in the case where all comments are filed on an earlier date, replies would be due five days from the earlier date. We often are under extreme time pressure in trying to address in our decisions and resolutions all comments and replies that we receive. The schedule for replies removes a disincentive to parties that might be able to file their comments before the deadline, and gives us more breathing room on those occasions where comments, and hence replies, are submitted a little early.