VI. Preliminary Scoping Memorandum

This rulemaking is instituted for the purpose of considering whether to revise portions of General Order 95 and General Order 128 and/or to establish new rules applicable to electric corporations and municipal electric utilities operating in California.

This rulemaking is preliminarily determined to be a quasi-legislative proceeding as that term is defined in the Commission's Rules of Practice and Procedure, rule 5(d). It is contemplated that this proceeding shall be conducted through a written record and that an order will issue on the merits based on the pleadings timely filed in this docket.

Interested parties are invited to file opening comments, including proposed changes to General Orders 95 and 128, responding to the items raised in Appendix A to this order. Persons or entities filing comments shall include with their opening comments any objections they may have regarding the categorization of this proceeding as quasi-legislative, as well as whether there is a need for a hearing and any objections to this preliminary scoping memorandum, pursuant to Commission Rules of Practice and Procedure, rule 6(c)(2). Comments shall conform to the requirements of the Commission's Rules of Practice and Procedure, Article 3.5 (Rulemaking), and opening comments shall be filed with the Commission's Docket Office and served no later than 60 days after the date Appendix B is mailed. Responses to opening comments may be submitted and shall be filed and served 60 days after opening comments. Parties filing opening comments or responses to opening comments are placed on notice that if hearings are held they may be required to provide testimony to support any assertions of fact.

The Assigned Commissioner's office shall set a date for a pre-hearing conference in the event that it is determined that one needs to be held.