IX. Categorization and Ex Parte Communications

In Resolution ALJ 176-3083, the Commission preliminarily determined that the four applications in the 2002 UNE Reexamination should be categorized as ratesetting and that hearings are not necessary. This ruling confirms this categorization but leaves open the question of whether hearings are required. Given that these consolidated applications are ratesetting and that there has been no final determination that hearings are not necessary as described in Rule 6.6, the 2002 UNE Reexamination is subject to Article 2.5 of the Commission's rules, as are the two applications from the 2001 UNE Reexamination. This means that ex parte communications are subject to the requirements for "all party" or equal time meetings, as set forth in Rules 7(c) and 7.1.