5. Change in Determination on Need for Hearings

The November 17, 2008 Scoping Memo confirmed the categorization of this proceeding as ratesetting and that evidentiary hearings were necessary. However, the proposed settlement is governed by Rules 12.1 et seq. which provide that no hearing is necessary if there are no material contested issues of fact, or if the contested issue is one of law.

After review of the filed Comments and Reply Comments, ALJ Darling determined that neither CARE/Rob Simpson nor Group Petitioners had identified any material contested issue of fact and concluded no hearing was required pursuant to Rule 12.3. We therefore change the designation regarding hearings and determine that no hearings are necessary.