Procedural Matters

This complaint was categorized as adjudicatory in the instructions to answer that was issued on April 23, 2002, and evidentiary hearings were originally expected. However, in the scoping memo and ruling, the assigned Commissioner and ALJ recognized that no evidentiary hearings would be needed if the Commission decides that the complainants' challenges to the decisions and tariffs implementing the rate reduction were not timely. Since today's decision concludes that the complainants' challenges to the decisions and tariffs are untimely, and there are no compelling reasons for us to reexamine these decisions, no evidentiary hearings are needed to resolve this complaint proceeding.

The draft decision of the ALJ in this matter was mailed to the parties in accordance with § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments on the draft decision were filed on ________ and reply comments were filed on ________.