VII. Scoping Memo

We propose to modify the rules to eliminate the requirement of an assigned Commissioner's scoping memo in an uncontested proceeding, or in a proceeding in which no party states any objections to the preliminary scoping memo. The current rules require the assigned Commissioner to rule on a scoping memo in all proceedings, for the purpose of determining the scope and schedule for the proceeding and need for hearing, and to finally determine the categorization where that final determination has not yet been made. In an uncontested proceeding, i.e., where no answer, response, or protest is filed in response to the pleading initiating the proceeding, it may be unnecessary to undertake to refine the scope of the proceeding. Likewise, in a proceeding initiated by a Commission order where the Commission preliminarily determines that no hearings are needed, and no party requests hearings or objects to the preliminary scoping memo, it may be superfluous to issue a final, confirming scoping memo.

While, under other circumstances, a final scoping memo is required in order to finally determine the categorization and need for hearing and, therefore, the applicable ex parte rules, we note that Rule 7(e) provides that any ex parte prohibitions or reporting requirements cease to apply in proceedings where no timely answer, response, protest, or request for hearing is filed. We also note that Pub. Util. Code § 1701.1(b), which imposes the scoping memo requirement, does not require a scoping memo in the absence of a hearing. For all these reasons, we therefore propose to allow the assigned Commissioner to exercise discretion in issuing a scoping memo under these limited circumstances.