The Commission's Rules of Practice and Procedure (Rules) require that an order instituting rulemaking preliminarily determine the category of the proceeding and the need for hearing.32 As a preliminary matter, we determine that this proceeding is ratesetting because our consideration and adoption of avoided costs methods and forecasts will establish mechanisms that in turn impact respondents' rates, particularly with respect to QF pricing.33 As stated previously, we may need to hold evidentiary hearings as part of our development of avoided costs in this proceeding.
As provided in Rule 6(c)(2), any person who objects to the preliminary categorization of this rulemaking as "ratesetting" or to the preliminary hearing determination, shall state his/her objections in his/her PHC Statement. After the PHC in this matter, the Assigned Commissioner will issue a scoping ruling making a final category determination; this final determination is subject to appeal as specified in Rule 6.4.
32 Rule 6(c)(2). 33 Rule 5(c).