Procedural Matters

The preliminary scoping memo included in the OII categorized this as an adjudicatory proceeding to be set for evidentiary hearing. Neither party appealed the categorization as permitted under the Rules of Practice and Procedure, Rule 6.4(a), so we see no need to disturb that designation. Because we have decided to approve the settlement and close the proceeding without evidentiary hearing, § 1701.2 does not apply.