II. Recodification

We propose a major reorganization of the rules to more closely reflect the course of Commission proceedings from inception to decision, and eliminate redundancies.

Most notably as part of this effort, we disperse the rules currently contained in Article 2.5, entitled "Rules and Procedures Applicable to All Proceedings Filed After January 1, 1998, and to Some Proceedings Filed Before January 1, 1998," to articles addressing their subject matter, and consolidate them with other rules on the same subjects. Article 2.5 addresses a myriad of procedural matters including (1) the Commission's initial categorization and determination of need for hearing in a proceeding, (2) the parties' obligations to address categorization and scope in their initial pleadings, (3) requirements regarding ex parte communications, (4) Commissioner presence at hearings and oral arguments, and (5) the issuance and review of recommended decisions in various proceedings. We propose to segregate the rules regarding these different procedural matters, and to recodify them in appropriate articles.

Specifically, we propose (1) consolidating the rules addressing the categorization and scoping of proceedings and other associated procedural matters (e.g., prehearing conferences and consolidation of proceedings) in a separate, distinct article, (2) dispersing the rules in Article 2.5 regarding the parties' obligations to address categorization in their initial pleadings to the rules regarding the filing and contents of such pleadings in particular types of proceedings, (3) consolidating the rules on ex parte communication requirements in a separate, distinct article, (4) consolidating the rules regarding Commissioner presence at hearings (currently addressed both in Article 2.5 and Article 18), and placing them in an article addressing hearings, and (5) consolidating the rules regarding the issuance and review of recommended decisions (currently addressed both in Article 2.5 and Article 19), and placing them in an article specifically addressing those matters.

We propose additional amendments to provide similar structure for the rules regarding the various types of proceedings. Specifically, we separate the rules regarding complaints and those regarding investigations into two separate articles, consistent with the treatment of the rules on other types of proceedings (i.e., applications and rulemakings). We incorporate the rules contained in Article 12, "Protests and Responses to Applications," into the article regarding "Applications Generally," and we propose edits and amendments to provide parallel guidance regarding the procedures and requirements for responding to complaints, rulemakings and investigations. We also propose to group Articles 5, 6, 7, 9, 10, 11, and 11.5, regarding particular types of applications, in a single article titled "Particular Applications."

We propose to consolidate the rules on discovery contained in Article 15, "Subpoenas," with those contained in Article 17.1, "Access to Computer Models," in a new article entitled "Discovery," and to include in the article a new rule clarifying parties' rights to discovery from parties.

We propose to consolidate the rules on motion practice (Article 12.5) and the rule on motions to dismiss (Rule 56) with proposed new rules codifying our law and motion procedures of Resolution ALJ-168, in a new article entitled "Law and Motion."

We propose to group the rules contained in Article 14 ("Hearings"), Article 17 ("Evidence"), Article 18 ("Briefs and Oral Arguments"), Article 20 ("Reopening Proceedings") and Rule 77 ("Submission of Any Proceeding for Decision by the Commission") in a single article entitled "Hearings and Evidence."

We separate the rules regarding the issuance and review of recommended decisions from the rules regarding Commission decisions, which are currently included in a single article (Article 7), into two separate articles.

We relocate the rule on petitions for modification of Commission decisions to an article also addressing application for rehearing which, consistent with the course of Commission proceedings, is codified to follow the article on the issuance of Commission decisions.

We consolidate, to the extent practicable, all definitional rules into a single rule titled "Definitions," and place it in the article regarding "General Provisions."

Finally, as part of this recodification effort, we edit the rules for clarity and technical accuracy. These edits include repealing redundant rules, consolidating multiple rules concerning the same subject into a single rule, and editing the titles of rules and articles to better reflect their content.

A table listing the current rules and their codification in the proposed rules revisions is shown in Appendix B.