XI. Discovery Disputes

If the parties have discovery disputes they are unable to resolve by meeting and conferring, they should first raise these disputes with ALJ Thomas orally, at (415) 703-2310. She will then instruct the parties how to proceed.

IT IS RULED that:

1. The schedule and scope of this case are as set forth in this Scoping Memo, unless subsequently modified by Assigned Commissioner or Administrative Law Judge (ALJ)

2. Hearings are necessary.

3. This proceeding is quasi-legislative.

4. ALJ Thomas is the presiding officer in this proceeding.

5. The service list for this proceeding is on the Commission's website at http://www.cpuc.ca.gov/published/service_lists/R0506040_70417.htm. Parties are requested to serve everyone, whether characterized as "appearance," "state service," or "information only," with all pleadings, prepared testimony, and other documents submitted to the Commission or other parties. All documents shall be served by email in accordance with the Commission's electronic service rule, Rule 2.3.1, available at http://www.cpuc.ca.gov/PUBLISHED/RULES_PRAC_PROC/46095-02.htm#P341_33469.

6. Parties shall follow ALJ Thomas' Hearing Room Ground Rules contained in Appendix A to this ruling.

7. Parties shall make opening statements at the commencement of the hearings. Prior to the hearings, all parties shall arrange among themselves the order and timing of the opening statements, with the proviso that each party shall have no more than 15 minutes each to make its statement.

8. Small and multijurisdictional electric utilities Avista Utilities, Bear Valley Electric Company, Mountain Utilities, Sierra Pacific Power Company and Pacificorp are urged to participate in all aspects of this proceeding.

9. Pursuant to Pub. Util. Code § 1701.2(b), ex parte communications are allowed without restriction. ALJ Thomas will not accept ex parte contacts related to the proceeding. Contacts related to matters purely of a procedural nature are allowed. ALJ Thomas will copy the service list as practicable on all ex parte contacts of any nature.

10. Parties shall first contact ALJ Thomas regarding discovery disputes orally, and then follow any procedure she outlines thereafter.

Dated October 17, 2005, at San Francisco, California.

/s/ DIAN M. GRUENEICH		/s/ SARAH R. THOMAS
Dian M. Grueneich Assigned Commissioner		Sarah R. Thomas Administrative Law Judge

APPENDIX A

HEARING ROOM GROUND RULES

ALJ Sarah Thomas

1. All prepared written testimony should be served in accordance with the Commission's e-service rules in Rule 2.3, as well as on the Assigned Commissioner's office and on the Assigned ALJ. Prepared written testimony shall not be filed with the Commission's Docket Office.

2. Each party sponsoring an exhibit should, in the hearing room, provide two copies to the ALJ and one to the court reporter, and have copies available for distribution to parties present in the hearing room.

3. The lower right hand corner of the exhibit cover sheet should be blank for the ALJ's exhibit stamp. If there is not sufficient room in the lower right hand corner for an exhibit stamp, please prepare a cover sheet for the exhibit.

4. As a general rule, if a party intends to introduce an exhibit in the course of cross-examination, the party should provide a copy of the exhibit to the witness and the witness' counsel before the witness takes the stand on the day the exhibit is to be introduced. A party is not required to give the witness an advance copy of the document if it is to be used for purposes of impeachment or to obtain the witness' spontaneous reaction.

5. Corrections to an exhibit should be made in advance and not orally from the witness stand. Corrections should be made by providing new exhibit pages on which corrections appear. The original text to be deleted should be lined out with the substitute or added text shown above or inserted. Each correction page should be marked with the word "revised" and the revision date.

6. Individual chapters of large, bound volumes of testimony may be marked with separate exhibit numbers, as convenient.

7. Partial documents or excerpts from documents must include a title page or first page from the source document; excerpts from lengthy documents should include a table of contents page covering the excerpted material.

8. Parties should agree on an exhibit numbering scheme in advance of hearing. One party may use exhibits 1-100, the next party may use 101-200, and so on. All exhibits shall be pre-marked with their number and the name of the sponsoring party.

9. Confidential exhibits should bear the appropriate exhibit number and be followed by the letter "C." A redacted copy of such an exhibit shall also be provided for the public record. Thus, the confidential version of Exhibit 1 will be marked Exhibit 1-C, and the redacted (public) version of the document will be marked Exhibit 1.

10. During the hearing, the ALJ may ask one party to create a running exhibit list (with designation of the sponsoring party, the name of the document, whether exhibits are in evidence, and the date on which they were identified and received in evidence) and furnish it to the ALJ and all other parties.

11. No food is allowed in the hearing room; drinks are allowed if you dispose of containers and napkins every morning and afternoon.

(END OF APPENDIX A)

APPENDIX B

David M. Norris Attorney At Law SIERRA PACIFIC POWER COMPANY 6100 NEIL ROAD, PO BOX 10100 RENO NV 89520 (775) 834-5696 dnorris@sppc.com	Kelly Norwood AVISTA CORPORATION PO BOX 3727,MSC-29 1411 E. MISSION AVENUE SPOKANE WA 99220 (509) 495-4267
Larry Rackley SIERRA PACIFIC POWER CO. PO BOX 10100 RENO NV 89520 (775) 834-4801 lrackley@sppc.com For: SIERRA PACIFIC POWER CO.	Bruce Folsom AVISTA CORPORATION 1411 E. MISSION MSC-29, PO BOX 3727 SPOKANE WA 99220-3727 (509) 495-8706 bruce.folsom@avistacorp.com
John Dutcher Vice President - Regulatory Affairs MOUNTAIN UTILITIES 3210 CORTE VALENCIA FAIRFIELD CA 94534 (707) 426-4003 ralf1241a@cs.com	Marisa Decristoforo PACIFICORP 825 NE MULTNOMAH STREET, SUITE 800 PORTLAND OR 97232 (503) 813-6084 marisa.decristoforo@pacificorp.com
James C. Paine Attorney At Law STOEL RIVES LLP 900 S.W. FIFTH AVENUE, STE. 2600 PORTLAND OR 97204 (503) 294-9246 jcpaine@stoel.com	David J. Meyer Attorney At Law AVISTA CORPORATION MSC-13 1411 E. MISSION AVENUE SPOKANE WA 99202 (509) 495-4316 david.meyer@avistacorp.com
Kathy Mitchell AVISTA UTILITIES PO BOX 3727 SPOKANE WA 99220 (541) 858-4743 rateca@avistacorp.com For: AVISTA UTILITIES	Ronald Moore SOCAL WATER/BEAR VALLEY ELECTRIC 630 EAST FOOTHILL BLVD. SAN DIMAS CA 91773 (909) 394-3600 kswitzer@scwater.com For: SOCAL WATER/BEAR VALLEY ELECTRIC

(END OF APPENDIX B)

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Scoping Memo and Ruling of Assigned Commissioner and Administrative Law Judge on all parties of record in this proceeding or their attorneys of record.

Dated October 17, 2005, at San Francisco, California.

/s/ ELIZABETH LEWIS

Elizabeth Lewis

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074, TTY 1-866-836-7825 or
(415) 703-5282 at least three working days in advance of the event.