Brown Fukutome Ruling and Scoping Memo Establishing Scope, Schedule and Procedures for Proceeding

Filing and Service of Documents

At the PHC there was discussion related to the use of electronic mail
(e-mail) to serve documents. We will use such service in this proceeding consistent with the recent revisions to the Rules, which allow for the routine use of e-mail and posting on web sites to serve documents in Commission formal proceedings.² As discussed at the PHC, e-mail service of documents shall be to the entire service list, including Information Only. Specific concerns regarding
e-mail service, which were raised at the PHC, are covered by the Rules. Rule 2.3.1(c) states, in part, that documents served as attachments to an e-mail message must be in readable, downloadable, printable and searchable formats, unless use of such formats is infeasible. Rule 2.3.1(e) states, in part, that the serving party is not required to, but may agree to, re-serve any person listed in the Information Only section of the official service list after failure of e-mail service to such person. Also, consistent with the discussion in D.04-12-057, we will not require SCE to set up a web site on which all documents would be posted.³

Parties should also note that when serving documents as attachments to an e-mail message, the serving party must include in the subject line of the message in the following order: the docket number, a brief name of the proceeding, and a brief identification of the document to be served, including the name of the serving party (Rule 2.3.1(c)); and in addition to any other requirements, the serving party must provide a paper copy of all documents served by e-mail to the assigned ALJ (Rule 2.3.1(e)).

² The revised Rules regarding e-mail service were adopted by D.04-12-057 in Rulemaking 04-01-005, were adopted by the Office of Administrative Law on February 22, 2005, and will be effective March 24, 2005. A copy of these revised rules will be posted on the Commission's Website.

³ The Commission stated "We are reluctant to adopt a rule that would require a potentially unwilling party to manage the document collection and posting for all parties in a complex proceeding." (D.04-12-057, mimeo., page 4.) At the PHC, SCE expressed its concerns about, and appeared unwilling to voluntarily set up, such a web site.