2. Need for Hearing

The Commission preliminarily determined that this rulemaking "is expected to require hearings." (OIR, page 14; also see Rules 8(e) and (f).) The adopted Phase 1 schedule did not include formal hearing absent the filing and granting of a motion for hearing. Phase 1 was generally conducted without formal hearing, with the exception of a limited hearing regarding essential customer treatment for hospitals.

Parties proposed Phase 2 schedules at the September 7, 2001 PHC that, similar to Phase 1, generally do not contemplate formal hearing, unless a motion for hearing is made and granted. Rather, absent the grant of a motion for hearing, parties propose that Phase 2 be conducted using proposals, workshops, comments, revised proposals, and reply comments. That schedule is adopted with limited clarifications noted herein.

Motions for hearing must be filed and served by the date shown in the adopted schedule. Motions shall identify the specific item for which hearing is sought (i.e., disputed fact or expert opinion in any filed and served document, such as a filed and served proposal, comment, reply comment). The motion shall also state a justification for hearing, what the moving party would seek to demonstrate through hearing, and whether any disputed fact or facts are "adjudicative facts" or "legislative facts" (Rule 8(f)). It shall also contain anything else necessary for the Commission to make an informed decision on the motion. Responses shall be filed and served by the date shown in the adopted schedule.

If motion for evidentiary hearing is made and granted, the party who offered the statement that is the subject of the evidentiary hearing shall produce a witness to testify in support of the statement, and be subject to cross-examination. Evidentiary hearing, if held, will occur as provided in the adopted schedule.

Thus, formal hearing will not be held in Phase 2 unless a motion is made and granted. Absent the grant of a motion for hearing, the Phase 2 record shall be composed of all filed and served documents, including proposals, comments, revised proposals, and reply comments. Each party must file each such document that the party intends be part of the record.