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IX. Scoping Memo

Rule 7.1(d) of our Rules of Practice and Procedure provides that a rulemaking order "shall preliminarily determine the category and need for hearing, and shall attach a preliminary scoping memo." This rulemaking is preliminarily determined to be quasi-legislative, as that term is defined in Rule 1.3(d). Further, we preliminarily determine that hearings are not needed in this proceeding. We expect to issue a scoping memo in this proceeding. The Assigned Commissioner and Administrative Law Judge (ALJ) will, by subsequent ruling, provide additional scheduling details and may alter the schedule contained herein as they deem necessary. We anticipate having a decision issued in this proceeding within 12 months. This is within the 18-month timeframe set forth in Rule 2.1(c).

Any person who objects to the preliminary categorization of this rulemaking, the determination that hearings are not required, or to the schedule may file a motion so stipulating within 30 days of the issuance of this order.

We herein solicit comments and proposals on the existing policies and practices for enforcing CEQA, the impacts of existing policies and proposals, and ways to change them if necessary.

The Commission will issue an official service list following receipt of responses to the questions posed herein or following a workshop, as determined by the Assigned Commissioner and ALJ. Within 20 days from the date of mailing of this OIR, any person or representative of an entity interested in monitoring or participating in this rulemaking shall send a request to be placed on the service list to the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California 94102 or ALJ_Process@cpuc.ca.gov. Each request shall refer to the proceeding number for this OIR and identify the name, address, e-mail address, and party on whose behalf the request is submitted. The Process Office thereafter will create a service list and post it on the Commission's web site ( www.cpuc.ca.gov) as soon as is practicable. In the interim, parties must serve all filings on the service list attached to this order.

Any party interested in participating in this rulemaking and who is unfamiliar with the Commission's procedures should contact the Commission's Public Advisor's Office in San Francisco at (415) 703-2074, (866) 836-7875 (TTY-toll free) or (415) 703-5282 (TYY), or in Los Angeles at (213) 649-4782, or send an e-mail to public.advisor@cpuc.ca.gov.

This proceeding is subject to Article 8 of the Rules of Practice and Procedure, which specifies standards for engaging in ex parte communications and the reporting of such communications. Pursuant to Rule 8.2(a), ex parte communications will be allowed in this proceeding without any restrictions or reporting requirements unless and until the Commission modifies this determination pursuant to Rule 7.6.

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