VII. Preliminary Scoping Memo

This rulemaking will be conducted in accordance with Article 2.5 of the Commission's Rules of Practice and Procedure. As required by Rule 6(c)(2), this order includes a preliminary scoping memo as set forth below.

This rulemaking is instituted for the purpose of considering whether to amend portions of GO 156.

Pursuant to Rule 6(c)(2), we preliminarily determine the category of this rulemaking proceeding to be quasi-legislative as the term is defined in 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. However, parties will have the opportunity to comment on the necessity of hearings, and we may re-evaluate both the categorization and need for hearings after review of the comments.

In accordance with Rules 6.3 and 6(c)(2), the proposed schedule is as follows:

Rulemaking Issued February 27, 2003

Utilities File Requested Report May 15, 2003

Opening Comments June 10, 2003

(Including responses to order)

Prehearing Conference June 23, 2003 at 10 a.m.

Scoping Memo June 30, 2003

Reply Comments July 7, 2003

Issuance of Draft Decision October 6, 2003

Final Decision November 2003

The proposed schedule may change, and will be refined by ruling either at the prehearing conference or by other written ruling issued by the Assigned Commissioner or assigned Administrative Law Judge (ALJ). For example, it is possible that workshops may serve as a useful forum for addressing issues in this rulemaking. Consistent with Rule 6(e), we expect that this proceeding will be concluded within 18 months.

As set forth in the schedule above, the utilities subject to GO 156 should file and serve their report before interested parties (which may include the same utilities) file their comments (including any response to this order.) As required by Rule 6(c)(2), any party filing a response to this order shall state in its response any objections the party has regarding (1) the categorization of this proceeding as "quasi-legislative," (2) the determination that there is no need for hearings, and (3) the preliminary scope and timetable for this proceeding as described in this order. Any party who believes that a hearing is required should, in its response, identify and describe (1) material issues of fact and (2) the evidence the party proposes to introduce at the requested hearing. Any right that a party may otherwise have to a hearing will be waived if the party does not submit such information in its response.

Any person interested in participating in this rulemaking who is unfamiliar with the Commission's procedures should contact the Commission's Public Advisor's Office in San Francisco at (415) 703-2074 or in Los Angeles at (213) 649-4782.

Following review of the utilities' reports and interested parties' opening comments, the assigned ALJ shall convene a prehearing conference to discuss the issues, scope, and schedule of this proceeding. After the prehearing conference, the Assigned Commissioner will issue a scoping memo that finalizes the category, scope, and schedule of this proceeding. (See Rules 6(c)(2) and 6.3.) After the scoping memo issues, parties may file and serve an appeal to the Commission regarding the ruling on category. (See Rule 6.4.)