III. Procedural Background

The Commission scheduled evidentiary hearings for January 28 through February 5, 2002. On the first day of hearings, prior to their commencement, the parties informed the Assigned Commissioner and Administrative Law Judge (ALJ) that they had reached a settlement, and requested until February 27 to file their motion for Commission adoption of the proposed settlement. After receiving several extensions, the parties filed their motion on March 22, 2002.

Because of the proposed settlement, the evidentiary hearings did not commence. However, on January 28, upon stipulation of the parties, the ALJ received into evidence the direct testimony of both CSD and Talk.

The OII categorized this investigation as adjudicatory and set the matter for evidentiary hearings. The Scoping Memo confirmed this designation. Because the proposed settlement can resolve this proceeding, we determine that hearings are no longer necessary and our order today makes that change to the OII and Scoping Memo's determination.