4. Proceeding Category and
Need for Hearings

Rule 7.1(d) of the Commission's Rules of Practice and Procedure provides that a rulemaking order "shall preliminarily determine the category and need for hearing, and shall attach a preliminary scoping memo." The preliminary scoping memo was covered in Section 3 above. This rulemaking is preliminarily determined to be ratesetting, as that term is defined in Rule 1.3(e). Rule 1.3(e) states "ratesetting proceedings are proceedings in which the Commission sets or investigates rates for a specifically named utility (or utilities), or establishes a mechanism that in turn sets the rates for a specifically named utility (or utilities)." This rulemaking will focus first on the funding necessary to accomplish the appropriate levels of investment in certain types of renewables and research, development, demonstration and deployment. Thus, "ratesetting" is the appropriate designation for this rulemaking.

Further, we preliminarily determine that evidentiary hearings are not needed in this proceeding. In addition to written comments, the record for this proceeding may be developed through workshops.

Any person who objects to the preliminary categorization of this rulemaking or the determination that hearings are not required shall state their objections in their initial comments and reply comments. The assigned Commissioner will issue a scoping memo making a final category determination. The final determination as to category is subject to appeal, as set forth in § 1701.5 and Rule 7.6(a).