Category of Proceeding

Rule 6(c)(2) requires that an order instituting rulemaking preliminarily determine the category of the proceeding and the need for hearing. As a preliminary matter, we determine that this proceeding is "ratesetting," as defined in Rule 5(c), because our consideration of the uses of RECs and SEPs in RPS compliance is likely to impact the rates of the respondent utilities. Although we hope that the issues in this proceeding may be resolved through a combination of workshops and formal comments, we preliminarily determine that limited evidentiary hearings may be necessary. 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 the objections in comments on the preliminary scoping memo. After considering the comments on the preliminary scoping memo, 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.