2. Procedural Background
PacifiCorp and MEHC (referred to jointly hereafter as "Applicants") filed Application (A.) 05-07-010 on July 15, 2005. In A.05-07-010, the Applicants state that MEHC has agreed to purchase PacifiCorp from ScottishPower, and the Applicants ask the Commission to use its authority under § 853(b) to exempt the transaction from the approval requirements of § 854(a).
Several parties protested the Application.2 A Prehearing Conference was held on September 9, 2005. In accordance with the Assigned Commissioner's Ruling and Scoping Memo dated September 26, 2005, an all-party conference was held to discuss and resolve issues. On October 21, 2005, the Applicants and eight parties filed a joint settlement agreement. ORA did not join the settlement.3
Application 05-07-010 includes written testimony from several witnesses. DRA submitted reply testimony on October 19, 2005, and the Applicants submitted rebuttal testimony on October 27, 2005. The testimony was received in evidence pursuant to a ruling issued by the assigned Administrative Law Judge (ALJ) on November 28, 2005.
A public participation hearing was held in Yreka on November 3, 2005. A formal Commissioner hearing was held in San Francisco, on November 22, 2005, at which oral comments, argument, and legislative facts were received in accordance with Rule 8(f)(2). Opening and reply briefs were filed on November 21 and November 30, 2005, respectively. The briefs incorporated comments on the settlement agreement. This proceeding was submitted with the receipt of reply briefs.
2 The following parties filed protests: the Office of Ratepayer Advocates (ORA); Karuk Tribe of California; American Rivers, California Trout, and Trout Unlimited (filing jointly); Yurok Tribe; Hoopa Valley Tribe; and Friends of the River, Headwaters Institute For Fisheries Resources, Klamath Forest Alliance, Northcoast Environmental Center, Oregon Natural Resources Council, Pacific Coast Federation of Fishermen's Associations, Sierra Club, and Waterwatch of Oregon (filing jointly).
3 Since the inception of this proceeding, ORA's name has been changed to the Division of Ratepayer Advocates (DRA). This Decision will henceforth use DRA.
