8. Category and Need for Hearing

In Resolution ALJ 176-3134, dated May 27, 2004, the Commission preliminarily categorized this proceeding as ratesetting and preliminarily determined that a hearing would not be necessary. The Applicants state that they do not want a hearing, even if a fine is imposed. Based on the record, we affirm that this is a ratesetting proceeding and that a hearing is not necessary.