MP1/BMD/hl2 3/1/2005

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Update to Commission's Policies and Procedures Related to Electromagnetic Fields Emanating from Regulated Utility Facilities.

Rulemaking 04-08-020 (Filed August 19, 2004)

SCOPING MEMO AND RULING OF ASSIGNED COMMISSIONER

This ruling establishes the category and schedule, need for hearing, scope, ex parte rules and other matters in accordance with Article 2.5 of the Commission's Rules of Practice and Procedure (Rule).

Background

On August 19, 2004, the Commission issued Order Instituting Rulemaking (R.) 04-08-020 to determine if improvements should be made to the Commission's existing rules and regulations concerning electromagnetic fields (EMFs) associated with transmission lines or other utility electric facilities. As there is strong public interest in EMF issues, and recent EMF research findings submitted by the Department of Health Services (DHS),¹ the Commission determined that R.04-08-020 should address improvements or implementation in EMF policy.

On October 28, 2004, a Prehearing Conference (PHC) was held to identify parties, discuss issues and the need for hearings. At the PHC, parties expressed a desire to file comments and reply comments regarding the scope of the proceeding, and indicated that issues could be resolved in workshops, or possibly evidentiary hearings. Comments and reply comments were submitted on December 31, 2004, and January 28, 2005, respectively.

Pursuant to Rule 6(c)(2), no party objected to the preliminary determination in R.04-08-020 regarding the categorization of this proceeding as quasi-legislative, although some parties requested that the scope be expanded as discussed below.

¹ DHS released its Final Report on An Evaluation of the Possible Risks From Electric and Magnetic Fields (EMFs) From Power Lines, Internal Wiring, Electrical Occupations, and Appliances in June 2002. (DHS EMF Report.)