10. Ex Parte Communications
This proceeding is subject to Rule 8.2, which specifies standards for engaging in ex parte communications and the reporting of such communications. Because we have preliminarily categorized this proceeding as ratesetting, pursuant to Rules 8.2(c) and 8.3, ex parte communications are subject to advance notice and reporting requirements.
Therefore, IT IS ORDERED that:
1. A rulemaking is initiated on the Commission's own motion to address the gas utilities' incentive mechanisms and the treatment of hedging under those incentive mechanisms.
2. California's major natural gas public utilities, Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), Southern California Gas Company (SoCalGas) and Southwest Gas Corporation (Southwest Gas), are made Respondents to this proceeding.
3. The Executive Director shall cause this Order Instituting Rulemaking (OIR) to be served on Respondents and on the service lists for Application (A.) 00-06-023, A.02-10-040, R.04-01-025 and A.06-08-026.
4. An initial service list for this proceeding shall be created by the Process Office and posted on the Commission's website (www.cpuc.ca.gov). The initial service list for this proceeding shall be the R.04-01-025 service list, which shall be used until a ruling is issued notifying parties of a new service list.
5. The issues to be considered in this proceeding are as set forth in the Preliminary Scoping Memo Section of this OIR.
6. Any additional persons or entities not on the list in R.04-01-025, but who wish to be placed on the new service list shall follow the directions below.
(a) Appearance category. Those who wish to participate in this proceeding as a party must contact the assigned administrative law judge in writing, by email (trp@cpuc.ca.gov) or at CPUC, 505 Van Ness Avenue, San Francisco, CA 94102 and describe their interest in the proceeding, indicate how the person or entity intends to participate, and list all relevant contact information (name; person or entity represented; mailing address; telephone number; email address). By providing an email address, a party consents to service of documents by email.
(b) Information-only category or state-service category. Those who intend only to monitor this proceeding, must contact the Commission's Process Office in writing, by email at (Process_Office@cpuc.ca.gov) or at CPUC, Process Office, 505 Van Ness Avenue, San Francisco, CA, 94102), specify the service category desired and list the pertinent contact information.
(c) Only one appearance on the service list shall be allowed per party. Any additional persons representing the same party shall be added to the information-only category.
7. The category of this rulemaking is preliminarily determined to be "ratesetting" as that term is defined in Rule 8.2(c) & 8.3 of the Commission's Rules of Practice and Procedure.
8. Respondents and other interested parties may submit comments on the scope of issues, categorization, need for hearing, and other procedural issues within 30 calendar days after the effective date of this OIR. Reply comments shall be due 15 calendar days thereafter.
9. A prehearing conference shall be scheduled promptly following receipt of preliminary comments at which time a further schedule for the proceeding will be addressed.
10. The above-mentioned deadlines are preliminarily approved and adopted, but may be changed, if necessary, by an assigned Commissioner Ruling or an ALJ Ruling.
This order is effective today.
Dated June 26, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
