3. Need for Evidentiary Hearings
Some parties identified in general terms, in their pre-hearing conference statements, local RAR issues for which they believe hearings are required.1 Others contend that all issues pertaining to local RAR can and should be resolved through a workshop and comment process. I recognize that these statements were filed before the local RAR proposals were submitted and were necessarily general in nature. At this time I am not persuaded that evidentiary hearings are required. It is incumbent upon those arguing for hearing to identify specifically the disputed material issues of fact that require hearings. I concur with the suggestion that a determination on the need for evidentiary hearings should be deferred until an additional workshop has been completed.2
However, the expedited Phase 1 schedule necessary for the Commission to decide Phase 1 issues by June means there is little flexibility to set hearings at a later date. Accordingly, this ruling determines that evidentiary hearings on local RAR may be required and schedules such hearings along with a second PHC. When the Phase 1 workshop set by this ruling is completed, the Assigned ALJ, in consultation with the undersigned, will make a determination on whether to proceed with the second PHC and hearings or remove them from the calendar. If a determination is made that evidentiary hearings are not necessary, it is possible that additional workshops may be scheduled.
The Commission will determine at a later date whether to conduct hearings for Phase 2 issues.
1 AReM states that there are a number of "fact-intensive" local RAR issues such as costs and benefits of reliability criteria, market power mitigation, waivers, cost allocation, the need for transmission upgrades as weighed against the need for local capacity, and the geographical boundaries of load pockets. Sempra Global similarly believes that cost-effectiveness issues in particular require development of a factual record. Western Power Trading Forum (WPTF) anticipates that the local RAR proposals will necessarily address multiple factual issues whose analysis would benefit from hearings.
2 If hearings are required in Phase 1, they will be limited to the LCR study and the local RAR proposals.
