10. Rules Governing Ex Parte Communications
This proceeding is subject to Pub. Util. Code§ 1701.3(c), which means that ex parte communications are prohibited unless certain statutory requirements are met (see also, Rule 7(c)). An ex parte communication is defined as "any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural issues, that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter." (Pub. Util. Code § 1701.1(c))(4)). Commission rules further define the terms "decisionmaker" and "interested person" and only off-the-record communications between these two entities are "ex parte communications."19
By law, oral ex parte communications may be permitted by any commissioner if all interested parties are invited and given not less than three days' notice. If such a meeting is granted to any individual party, all other parties must be granted individual ex parte meetings of a substantially equal period of time and shall be sent a notice at the time the individual request is granted. Written ex parte communications may be permitted provided that copies of the communication are transmitted to all parties on the same day. (Pub. Util. Code § 1701.3(c); Rule 7(c)). In addition to complying with all of the above requirements, parties must report oral and written ex parte communications as specified in Rule 7.1.
IT IS RULED that:
1. The scope of Phase 2 of this proceeding is set forth in Sections 3 and 4 of this ruling.
2. The schedule of this proceeding, including its projected submission date, is set forth in Section 5 of this ruling. The ALJ may make any revisions to this schedule, as necessary to facilitate the efficient management of the proceeding.
3. The categorization and principal hearing officer determination made in the prior scoping memo dated August 16, 2002, remain unchanged.
4. This ratesetting proceeding is subject to Pub. Util. Code § 1701.3(c), meaning that ex parte communications are prohibited unless certain statutory requirements are met. Such communications are also governed by Rule 7(c) and must be reported, as provided in Rule 7.1.
5. The official service list is attached to this ruling, and parties shall follow the electronic service protocols appended to the OIR (Appendix A). Those who are not already parties, but who wish to participate in this proceeding as full parties, shall make their request by written motion to intervene, or orally on the record during the proceeding. Those not already participating, but who wish to do so as nonparties, may request that their names be added to the service list (in the "information only" or "state service" category) by sending an e-mail request to ALJ Carew at ltc@cpuc.ca.gov.
Dated November 24, 2003, at San Francisco, California.
/s/ MICHAEL R. PEEVEY
Michael R. Peevey
Assigned Commissioner
CERTIFICATE OF SERVICE
I certify that I have by mail, and by electronic mail to the parties to which an electronic mail address has been provided, this day, served a true copy of the original attached Assigned Commissioner's Ruling and Scoping Memo (Phase 2) on all parties of record in this proceeding or their attorneys of record.
Dated November 24, 2003, at San Francisco, California.
/s/ KE HUANG
Ke Huang
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.
19 See Rules 5(e), 5(f) and 5(h).
