10. Categorization and Need for Hearing

Resolution ALJ 176-3269 dated February 24, 2011 preliminarily determined that this is a ratesetting proceeding and that hearings are needed. The April 21, 2011 scoping memo and ruling of the assigned Commissioner and ALJ confirmed the Commission's preliminary determination that this is a ratesetting proceeding but determined that hearings might not be needed. This is an uncontested proceeding; therefore, there are no disputed issues of material fact requiring evidentiary hearings. We reverse the Commission's preliminarily finding and determine that hearings are not needed in this proceeding.