12. Category and Need for Hearings

On August 10, 2004, the assigned Commissioner issued a scoping memo and ruling that determined the category for this proceeding is ratesetting. The ruling also determined that an evidentiary hearing did not appear to be necessary, but that an evidentiary hearing would be held if one were deemed necessary.⁸⁹ There are no contested factual issues in this proceeding, and there have been no requests for an evidentiary hearing. Based on the record of this proceeding, we find that there is no need for an evidentiary hearing.

⁸⁹ In Resolution ALJ 176-3137, dated August 19, 2004, which was issued after the assigned Commissioner's scoping memo and ruling, the Commission preliminarily categorized this proceeding as ratesetting and preliminarily determined that an evidentiary hearing would not be necessary.