IV. Categorization

Applicants request that this application be categorized as a ratesetting proceeding as defined in § 1701.1(c) and Rules 5(c), and 6.1(c) of the Commission's Rules of Practice and Procedure (Rules). Applicants also recommend that no hearings were needed.

By Resolution ALJ 176-3022, dated September 2, 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 August 10, 1999. Although two protests to the application were filed and are addressed in a subsequent section of this order, neither of the Protestants addressed 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 176-3022. We confirm that this proceeding is a ratesetting proceeding.