4. Categorization and Need for Hearings

In Resolution ALJ 176-3190, dated April 12, 2007, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were necessary. The Ratesetting categorization is affirmed. As noted above, the parties agreed in October 2007 to waive their rights to evidentiary hearings. The protests originally filed by DRA and TURN were withdrawn as part of the settlement and there are no other protestors. Given this status, public hearings are not necessary, and the preliminary determination made in Resolution ALJ 176-3190 is changed to a determination that hearings are not necessary.