3. Incorporation of the Record from Other Proceedings

The Merced and Modesto Irrigation Districts request that the entire record of previous ERRA/CTC proceedings be incorporated by reference into the instant proceeding. The purpose of doing so is to facilitate the continued litigation of those issues decided in previous ERRA/CTC proceedings that are currently subject to applications for rehearing.

The request is declined for two reasons. First, to avoid burdening the record of the instant proceeding, only those portions of the record from other proceedings that are material and relevant to the instant proceeding will be admitted into the record of the instant proceeding. Second, this Ruling determines, supra, that the scope of this proceeding excludes the re-litigation of issues that are currently subject to applications for rehearing. Accordingly, there is no need to incorporate by reference the entire record of other proceedings.

Parties may, of course, cite specific portions of the record of other proceedings that are material and relevant to the instant proceeding. Any party that cites the record of another proceeding must provide a copy of the document (or portion of the document) being cited, except that is not necessary to provide copies of Commission decisions.