III. Categorization

Applicants have requested that this application be categorized as a ratesetting proceeding as defined in § 1701. Applicants also recommended that no hearings are needed.

By Resolution ALJ 176-3024, dated October 7, 1999, the Commission preliminarily determined that this matter was a ratesetting proceeding and determined that no hearings were expected.

Notice of this application appeared in the Commission's Daily Calendar of September 24, 1999. Although the Commission's Office of Ratepayer Advocates (ORA) filed a protest to the application with the Docket Office on October 22, 1999, as addressed in a subsequent section of this order, ORA did not address the categorization of this proceeding as required by Rule 6(a)(2).

With no filed protest addressing the ratesetting categorization of this proceeding there is no reason to consider changing the preliminary determination made in Resolution ALJ 176-3024. We confirm that this matter is a ratesetting proceeding.