3. Procedural Matters
Suburban's application first appeared on the Commission's Daily Calendar on January 7, 2008, and DRA timely filed its protest on February 4, 2008. On January 23, 2008, Suburban timely filed proof of notice of newspaper publication of its proposed rates (pursuant to Rule 3.2(c)); and, on March 21, 2008 timely filed proof of mailing a notice of the proposed rates to its customers (pursuant to Rule 3.2(d)).3
The procedural history of this proceeding is outlined below:
Event |
Date (all 2008) |
Location |
PHC |
March 14 |
San Francisco |
Scoping Memo |
April 22 |
|
Settlement Conference |
June 10-13 |
Los Angeles |
Evidentiary Hearing |
June 16,17, and 30 |
Los Angeles San Francisco |
Motion to Adopt Settlement |
August 1 |
|
Closing Briefs |
August 4 |
|
Reply Briefs/ |
August 18 |
By mutual agreement, the parties determined that a public participation hearing (PPH) would not be necessary in this proceeding due to the lack of any other protests or parties participating. At the request of the parties, the procedural schedule set forth in the Scoping Memo did not include a PPH.
3.1. Motions
On March 13, 2008, the day before the PHC, DRA filed a motion to compel the production and inspection of certain data by Suburban. That motion was denied on April 15, 2008 by a ruling of the assigned Administrative Law Judge (ALJ).
On June 12, 2008, two working days before the EH commenced, DRA filed a motion to strike certain parts of the prepared testimony of Suburban; and, during the EH, both parties made various motions to strike certain testimony with respect to scope, methodologies used for review and analysis, and qualifications of witnesses. These motions were denied, in part, and granted, in part, by the ALJ on the record at the hearing.
We affirm all of the above rulings by the ALJ. Any other motions not previously addressed are denied.
3 Commission's Rules of Practice and Procedure (Rules).
