We adopt the following preliminary schedule.
Since this new rulemaking is the successor docket to R.09-01-019, parties that were planning on filing comments in R.09-01-019 in response to the previously referenced December 16, 2011 ACR should instead incorporate those comments in their initial comments filed and served in this new OIR. We shall thus treat the comments offered in response to the December 16, 2011 ACR, previously issued in R.09-01-019, as the initial comments in response to this OIR.
The ACR previously set the date of January 16, 2012, as the due date for comments. In order to provide adequate time for parties to receive and review this new OIR, we shall defer this due date for the filing and service of comments responsive to the ACR. Thus, the initial comments on this OIR, incorporating responsive comments on the December 16, 2011 ACR, shall be due 10 business days after the issuance of this OIR. Reply comments shall be due 10 business days after opening comments are due.
The ACRs filed on August 30, 2011, and December 16, 2011, respectively, are hereby incorporated by reference into the record of this proceeding. We also incorporate all prior comments and rulings filed in R.09-01-019, as outlined above, relating to prospective RRIM reform proposals.
The assigned Commissioner or ALJ may set a PHC if either determines that a PHC will help with case management. Any party recommending a PHC should file a motion at the same time initial comments on this OIR are due. The motion should specifically identify the items the party would seek to address at the PHC, and provide any other relevant information to assist with the setting and conduct of an efficient and productive PHC.
A notice of intent (NOI) to claim intervenor compensation should be filed, and updates to prior NOIs filed as amendments, within 30 calendar days of the date this order is mailed, as described in Section 13 below.
The assigned Commissioner or ALJ may alter the dates for the filing of motions for PHC, initial comments, reply comments, NOIs, amendments to NOIs or other dates as necessary to promote efficient and fair administration of this proceeding.
No further schedule is set here. Rather, the assigned Commissioner will issue a Scoping Memo and Ruling after considering comments and reply comments on the OIR. The Scoping Memo and Ruling will rule on the issues, category, need for hearing, and schedule for the remainder of the proceeding. The final determination only as to category is subject to appeal. (Rule 7.6.)
This proceeding will conform to the statutory case management deadline for ratesetting matters set forth in Pub. Util. Code § 1701.5. In particular, it is our intention to resolve all relevant issues within 18 months of the date of the assigned Commissioner's Scoping Memo.