II. Procedural Background

In Application (A.) 00-03-024, filed March 10, 2000, Sierra requests an order exempting the sale of certain electric generating plants and related assets located in the State of Nevada from review under Section 851.

On April 24, 2000, the Commission's ORA filed a protest to Sierra's application asking the Commission to reject the current application, and setting forth a list of issues that it believes deserve closer scrutiny in a subsequent filing pursuant to Section 851.

The Commission held a prehearing conference (PHC) in San Francisco on June 14, 2000 at which Sierra and ORA discussed potential settlement of ORA's protest. During the PHC, the assigned administrative law judge (ALJ) set a deadline for notice of a settlement conference and a deadline for Sierra to file an amended application supplying additional information not contained in the initial application.

On August 17, 2000, Sierra filed its amended application which continued to request exemption from Section 851 for the sale of its generating assets and in the alternative, requested the Commission authorize the proposed auction of generating assets under Section 851 if the Commission denied an exemption approach. At the request of the ALJ, Sierra filed a supplement to the amended application on August 31, 2000.

On September 18, 2000, Sierra and ORA filed a joint motion for adoption of a proposed settlement agreement. No party filed a protest or response to the settlement motion.