5. Category of Proceeding, Need for Hearings,
and Ex ParteNo party disputed the preliminary finding in Resolution ALJ 176-3088 of May 16, 2002 that preliminarily determined that these were ratemaking proceedings.
Qwest, however, disputes the preliminary finding that no hearings are necessary. TURN-CFA takes no position on the need for hearings. The Applicants argue that no hearings were necessary.
This ruling confirms the Commission's preliminary finding in Resolution ALJ 176-3088 that the category for this proceeding is ratesetting and that hearings are not necessary. We believe that the criteria for determining the public interest are straightforward and that the Applicants should be able to demonstrate how the transaction meets these public interest criteria with a showing that does not require an evidentiary hearing. We reserve the right, however, to determine that hearings are necessary should the subsequent filings of parties demonstrate that the public interest requires hearings.
This ruling, only as to category, is appealable under the procedures in Rule 6.4. The ex parte rules as set forth in Rule 7 of the Commission's Rules of Practice and Procedure apply to this proceeding.
