X. Consideration of New Scientific Data and Studies
The third issue identified in R.04-08-020 and in the Scoping Memo for exploration in this proceeding is consideration and receipt of new EMF-related scientific data that in turn may lead to new or revised EMF policies. At the April 4, 2005 PHC, the assigned Administrative Law Judge (ALJ) provided an opportunity for parties to address this issue and comment on the process of gathering scientific data.26 Also, at the PHC, Kheifets, a professor in Epidemiology, provided some background on an anticipated scientific EMF study due from the WHO. Kheifets suggests the WHO study is likely to recommend no and low cost exposure reduction measures, similar to those adopted in this decision.27
280 Citizens recommends that the proceeding should be closed so that improvements in policy and implementation can be applied, and that Commission staff should be assigned to gather information and data on new scientific EMF research. 280 Citizens recommends opening a new rulemaking after new scientific research is available. Edison also supports the assignment of Commission staff to monitor EMF health and engineering research.
We agree with the recommendation of 280 Citizens and Edison. Accordingly, rather than leaving this proceeding open for new EMF related scientific data, we direct the Commission's Energy Division to monitor and report on new EMF related scientific data as it becomes available. When new scientific research becomes available, we will then consider opening a new rulemaking. As a result, prospective policy changes regarding EMF health effects should not be litigated in future utility Certificate of Public Convenience and Necessity (CPCN) or Permit to Construct (PTC) proceedings.
26 Tr. 124.
27 Comments of Leeka Kheifets, July 26, 2005, p. 2.
