5. Procedural History and Need for Hearing

SCE filed an answer to the complaint on January 28, 2008. The assigned ALJ held a PHC on February 13. That same date, Tesoro filed a motion for leave to file a response to the answer and tendered the response. The ALJ authorized the response and it was filed, effective February 13. On February 20, in response to the ALJ's PHC request, SCE submitted and served a letter confirming SCE's refusal to perform the requested MOS study; that letter has been placed in the formal file. The scoping memo, filed February 27, determined that this case presented no need for hearings and adopted the parties' proposed briefing schedule. Tesoro and SCE filed concurrent opening briefs on March 7. On March 12, at the request of both parties and LADWP, the Commission held a mediation conference in Los Angeles. Both parties and LADWP were represented but no settlement was reached. Thereafter, on March 21, Tesoro and SCE filed concurrent reply briefs.

This matter was categorized as an adjudicatory proceeding. While the instructions to answer indicated that hearings likely would be held, the scoping memo determined that no hearing were required. We confirm that determination.