Other Procedural Issues
The parties shall comply with the Procedural Ground Rules set forth in Appendix A hereto.
Therefore, IT IS RULED that:
1. The scope of this proceeding includes the following as to the proposed project using PG&E's preferred route and configuration, alternative routes and configurations, the no project alternative, and non-wires alternatives.
· Need for the project (Pub. Util. Code § 1001), including consideration of the decision by the ISO that the project is needed to maintain system reliability.
· Consideration of the following factors contained in Pub. Util. Code § 1002:
1) Community values;
2) Recreational and park areas;
3) Historical and aesthetic values; and
4) Influence on the environment
· Consideration of whether, pursuant to General Order (GO) 131-D, the project promotes the safety, health, comfort, and convenience of the public.
· Consideration, pursuant to GO 131-D, of measures to reduce the potential exposure to electric and magnetic fields (EMFs) generated by the proposed facilities.
· Consideration, pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et seq.), of significant effects on the environment of the project, alternatives to the project, the manner in which significant environmental effects can be mitigated or avoided, and whether economic, social or other conditions make it infeasible to mitigate significant effects on the environment.
· The appropriate planning horizon to use in evaluating need for the project.
· How PG&E will comply with Pub. Util. Code § 625.
· Effect on economic development.
· Impacts on the transmission grid and other transmission users.
· Cost effectiveness and cost allocation.
· Costs, and advisability and amount of a cap on project cost.
2. The schedule of this proceeding is as set forth above in this ruling.
3. This ruling confirms the Commission's preliminary finding in Resolution ALJ-76-3096, issued on October 3, 2002, that the category for this proceeding is ratesetting and that hearings are necessary. This ruling, only as to category, is appealable under the procedures in Rule 6.4.
4. The ex parte rules as set forth in Rule 7(c) of the Commission Rules of Practice and Procedure and Pub. Util. Code § 1701.3(c) apply to this proceeding.
5. Administrative Law Judge TerKeurst is the principal hearing officer.
6. Parties shall follow the discovery, filing, service, and service list rules as set forth herein.
7. Parties shall comply with the Procedural Ground Rules set forth in Appendix A hereto.
Dated March 19, 2003, at San Francisco, California.
/s/ LORETTA M. LYNCH
/s/ Charlotte F. TerKeurst
Loretta M. Lynch
Assigned Commissioner
Charlotte F. TerKeurst
Administrative Law Judge
APPENDIX A
PROCEDURAL GROUND RULES
Exhibit Format
See Rule 70 of the Rules of Practice and Procedure. Parties often fail to include a blank space two inches high by four inches wide to accommodate the ALJ's exhibit stamp. If necessary, add a cover sheet to the front of the exhibit. The common practice of pre-printing the docket number, a blank line for the exhibit number, and witness name(s) is not a substitute for the required two by four inch blank space to accommodate the exhibit stamp. If the docket number and related information is pre-printed, it should be below or to the left of the required two by four inch blank space.
Exhibits should be bound on the left side or upper left-hand corner. Rubber bands and paper clips are unacceptable.
Excerpts from lengthy documents should include the title page and, if necessary for context, the table of contents of the document.
Exhibit Copies
See Rule 71. The original and one copy of each exhibit shall be furnished to the presiding officer and a copy shall be furnished to the reporter. The copy furnished to the presiding officer may be the mailed copy. Except for exhibits that are served prior to the hearing, parties are responsible for having sufficient copies available in the hearing room for each party in attendance.
Cross-Examination Exhibits
Requiring witnesses to review new or unfamiliar documents during the hearing can waste hearing time. The general rule is that a party who intends to introduce an exhibit in the course of cross-examination should provide a copy to the witness and the witness' counsel before the witness takes the stand on the day the exhibit is to be introduced. Documents in excess of two pages should be provided the day before. Generally, parties need not provide advance copies of documents to be used for impeachment or to obtain the witness' spontaneous reaction.
Corrections
Generally, corrections to an exhibit should be made in advance and not orally from the witness stand. If revised exhibit pages are prepared, the original text to be deleted should be lined out with the substitute or added text shown above or inserted. If a separate correction exhibit describing the needed corrections is prepared, it should indicate both deletions and insertions. Revised exhibit pages or separate correction exhibits should indicate the revision date.
Hearing Hours
Hearings will generally run from 9:00 a.m. to 12:00 a.m. with one morning break and from 1:30 p.m. to 3:30 p.m. with one afternoon break. On Mondays, hearings will begin at 10:00 a.m. unless scheduled otherwise. If hearings appear to be on schedule, hearings may run from 9:00 a.m. to 1:00 p.m. on Fridays.
Cross-Examination Time
Parties are placed on notice that it may be necessary to limit and allocate cross-examination time as well as time for redirect and recross-examination.
Rebuttal Testimony
Prepared rebuttal testimony should include appropriate references to the testimony being rebutted. It is inappropriate, and potential grounds for striking, for any party to hold back direct presentations for introduction in rebuttal testimony.
Court Reporters
Common courtesy should always be extended to the reporters. Counsel should wait for witnesses to finish their answers, and witnesses should likewise wait for the whole question to be asked before answering. Counsel shall refrain from simultaneous arguments on motions and objections. Conversations at the counsel table or in the audience can be distracting to the reporter and other participants. Such distractions should be avoided.
(END OF APPENDIX A)
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 on all parties of record in this proceeding or their attorneys of record.
Dated March 19, 2003, at San Francisco, California.
/s Antonina V. Swansen
Antonina V. Swansen
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.
