4. Need for Hearings
The Commission preliminarily determined in Resolution 176-3156, issued on July 21, 2005, that there is no need for evidentiary hearings in this proceeding. The Applicants oppose evidentiary hearings, but support a "quasi-legislative hearing" for parties to present their concerns and recommendations. Several of the parties have requested that evidentiary hearings be scheduled, but these parties have not identified any specific factual issues within the scope of this proceeding.5 Therefore, this Ruling affirms the Commission's preliminary determination that evidentiary hearings are not necessary.
Although this Ruling determines that evidentiary hearings are not necessary, parties may submit testimony in order to establish a factual record for their recommendations and arguments. Opening and rebuttal testimony should be served (but not filed) on October 19 and 27, 2005, respectively. All testimony should be verified in accordance with Rule 2.4. The need for the evidentiary hearings will be reassessed after reply testimony is served.6 If evidentiary hearings are deemed necessary, they will be held on November 8 and 9, 2005.7
The Assigned Commissioner will hold a formal hearing on November 22, 2005, in San Francisco. In accordance with Rule 8(f)(2), the purpose of the formal hearing is to provide parties an opportunity to offer comments and arguments (but not testimony) on the record. Each party will have 20 minutes to make an opening presentation and 10 minutes for a closing presentation. There will not be cross examination. An agenda and ground rules for the hearing will be provided in a ruling issued by the assigned ALJ. Parties unable to attend the hearing may file and serve written presentations prior to the hearing.
There will be at least one public participation hearing (PPH). The date, time, and location of the PPH will be set in a subsequent ruling by the Assigned Commissioner or the assigned ALJ. In addition to the PPH, members of the public may express their views about this proceeding by sending regular mail or e-mail to the Commission's Public Advisor. All such correspondence will be included in the formal file for this proceeding.
5 See, e.g., the PHC transcript (pp. 6, 7, 20, and 21) and the written PHC statements filed by American Rivers et al. (pp. 1-3, 5), the Hoopa Valley Tribe (p. 10), the Pacific Coast Federation of Fisherman's Associations et al. (p. 9), and the Office of Ratepayer Advocates (p. 6).
6 If appropriate, a ruling will be issued by the Assigned Commissioner or the assigned Administrative Law Judge (ALJ) that sets evidentiary hearings and establishes the scope of the evidentiary hearings.
7 If evidentiary hearings are not held, the assigned ALJ will issue a ruling that admits the written testimony into the record.
