Motions

During the course of the proceeding numerous motions were filed. Motions brought before the scheduling of the EH were ruled on either by the Law & Motion ALJ, or the ALJ assigned to the proceeding. Motions regarding requests to strike or limit testimony and/or to exclude exhibits from the record were ruled on orally by the assigned ALJ during the EH. With the exception of the request addressed below, any motions not previously resolved or addressed in this decision are deemed denied.

On September 22, 2004, the Navajo Nation filed a Request for Official Notice of Mitigated Negative Declaration (MND). The MND was prepared by the Commission in another proceeding, A.99-10-023, and addresses environmental upgrades and other related issues that the Navajo's allege are germane to this proceeding. The MND was prepared in connection with a sale Edison proposed to make of Mohave and includes the proposed environmental upgrades mandated by the Consent Decree. The Navajo want notice taken of this MND because they contend that it indicates that the Commission has already conducted a thorough environmental review of the Consent Decree upgrades.

We will allow notice to be taken of this MND with the caveat that the Commission is not making a finding in this decision whether or not further environmental review of the project may be necessary, and with the further specification that the MND from 2000 may be outdated by the time the project needs to be reviewed again.