5. Category of Proceeding

The Commission's Rules of Practice and Procedure require that an order instituting rulemaking preliminarily determine the category of the proceeding and the need for hearing.13 As a preliminary matter, we determine that this proceeding is "quasi-legislative" as defined in Rule 1.3(d).14 It is contemplated that this proceeding shall be conducted through a written record. Any person who objects to the preliminary categorization of this rulemaking as "quasi-legislative" or to the preliminary hearing determination that no hearings are required, or to the issues or schedule shall file its objections no later than 10 days from the issuance of this rulemaking. The assigned Commissioner will issue a scoping ruling making a final category determination; this final determination is subject to appeal as specified in Rule 7.6.

13 Rule 7.1(d).

14 Rule 1.3(d) defines "quasi-legislative" proceedings as proceedings that establish policy or rules (including generic ratemaking policy or rules) affecting a class of regulated entities, including those proceedings in which the Commission investigates rates or practices for an entire regulated industry or class of entities within the industry.

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