3. Procedural Issues
On December 1, 2005, the Commissions' Division of Ratepayer Advocates (DRA)2 timely protested the subject application. The protest was based on the rationale of the proposed rate-design plan over alternative approaches, customer program qualification methods, customer program participation level, master-meter issues, and program standardization issues. A prehearing conference (PHC) was held on January 17, 2006. At the PHC, the parties agreed to attempt a settlement of the issues before any evidentiary hearing was held. The parties were directed to file concurrent comments on March 1, 2006 on the status of settlement discussions and the need for hearing. A schedule for filing briefs and a hearing date also were established at the PHC in the event no settlement was reached.3 The parties reported on March 1, 2006 that settlement discussions were progressing, and that an evidentiary hearing likely would be unnecessary.
On January 30, 2006, Latino Issues Forum filed a motion to intervene in this proceeding. In a ruling dated March 6, 2006, Administrative Law Judge (ALJ) Koss granted the motion to intervene. Other than the request to intervene, Latino Issues Forum did not make any other filings in this proceeding.
The parties continued settlement discussions. As a result of these discussions, CWS modified its proposed LIRA program and filed an amended application on June 12, 2006 to reflect the changes. The following day, June 13, 2006, DRA filed a motion to withdraw its protest. The amended CWS application and DRA's motion to withdraw its protest are otherwise unopposed. In a ruling dated July 19, 2006, ALJ Koss granted DRA's motion to withdraw its protest, and also vacated the hearing and briefing schedule.
2 Pursuant to Senate Bill 608, the Commission's Office of Ratepayer Advocates became the Division of Ratepayer Advocates, effective January 1, 2006.
3 The hearing date of August 14, 2006 and the briefing schedule were confirmed in the Assigned Commissioner's May 3, 2006 Scoping Memo.
