Schedule

In its PHC statement, SCE included a proposed Phase 1 schedule that was jointly developed and supported by SCE, ORA, TURN and Aglet Consumer Alliance (Aglet). The joint proposal anticipates a Commission decision by December 21, 2005 and incorporates ORA's need for additional time to prepare its testimony and ORA's suggestion to consolidate the direct and rebuttal evidentiary hearings, which are separate under the Rate Case Plan. SCE states that it was willing to accede to ORA's needs, so long as the resultant schedule allowed for a decision by year-end 2005. The joint proposal will be adopted, with modifications as discussed below.

As discussed at the PHC, under a fully litigated scenario, the joint proposal, which reflects SCE's goal of a year-end decision, is ambitious. It eliminates a significant amount of time for preparing and issuing the ALJ's proposed decision (PD). Under the Rate Case Plan, the time between the end of rebuttal hearings to the PD date is 150 days; while under the joint proposal, that time is shortened to 126 days. Also, under the Rate Case Plan, the time between the filing of reply briefs to the PD date is 96 days; while under the joint proposal, that time is shortened to 77 days. Based on past experience, something closer to the Rate Case Plan's allotted time for the PD is needed. The date for the issuance of the PD is therefore set at December 2, 2005, which is 91 days following the filing of reply briefs and 136 days following the end of evidentiary hearing on the direct showings and rebuttal.

The joint proposal includes 28 days for evidentiary hearing. In SCE's last GRC there were 39 combined days of hearings for direct and rebuttal testimony. SCE indicates that combining direct and rebuttal hearings might result in some efficiency gain. Also, the 2003 GRC had additional issues that were put in the proceeding by the Assigned Commissioner. Still, SCE indicates that under the joint proposal, the apportioning of cross-examination time may be necessary. At the PHC, both Aglet and the Federal Executive Agencies expressed concern over the apportioning of cross-examination time. To help mitigate the need to do so, the length of the evidentiary hearing will be extended to 30 days. Also, the ALJ is encouraged to ensure that the scope of cross-examination and responses are properly focused.

The actual need for apportioning cross-examination time can be determined once parties have had time to evaluate the remaining testimony and rebuttal to be filed. Parties should serve their estimates of cross-examination time and proposed order of witnesses no later than June 2, 2005. A second PHC will be held on June 6, 2005 to discuss the hearing schedule, the need for apportioning cross-examination time and other procedural matters.

With these modifications, the procedural schedule, as set forth in Appendix A, indicates that a final decision for Phase 1 issues would be considered at the first Commission Meeting in January 2006. This is consistent with the Rate Case Plan, whereby a final decision is expected 384 days after the application filing date. Since SCE filed on December 21, 2004, the expected decision date, by the Rate Case Plan, would be January 9, 2006.

The procedural schedule set forth in Appendix A is hereby adopted for Phase 1 of this GRC. The Assigned Commissioner or ALJ may modify the schedule as necessary. The goal is to resolve this matter as soon as possible after it is submitted. However, in no event will resolution exceed 18 months from the date of this scoping memo, pursuant to the requirements of Public Utilities Code Section 1701.5.