Section 7.1 - (Rule 7.1) Categorization(a) Applications. By resolution at each Commission business meeting, the Commission shall preliminarily determine, for each proceeding initiated by application filed on or after the Commission's prior business meeting, the category of the proceeding. The preliminary determination may be held for one Commission business meeting if the time of filing did not permit an informed determination. The preliminary determination is not appealable, but shall be confirmed or changed by assigned Commissioner's ruling pursuant to Rule 7.3, and such ruling as to the category is subject to appeal under Rule 7.6.(b) Complaints. For each proceeding initiated by complaint, the Chief Administrative Law Judge, in consultation with the President of the Commission, shall determine the category of the proceeding. The determination as to the category will be stated in the instructions to answer and is appealable under Rule 7.6.(c) Investigations. An order instituting investigation shall determine the category of the proceeding and attach a preliminary scoping memo. The order, only as to the category, is appealable under the procedures in Rule 7.6.(d) Rulemakings. An order instituting rulemaking shall preliminarily determine the category and shall attach a preliminary scoping memo. The preliminary determination is not appealable, but shall be confirmed or changed by assigned Commissioner's ruling pursuant to Rule 7.3, and such ruling as to the category is subject to appeal under Rule 7.6.(e) Commission Discretion in Categorization.(1) When a proceeding may fit more than one category as defined in Rules 1.3(a), (b), (f), and (g), the Commission may determine which category appears most suitable to the proceeding, or may divide the subject matter of the proceeding into different phases or one or more new proceedings.(2) When a proceeding does not clearly fit into any of the categories as defined in Rules 1.3(a), (b), (f), and (g), the proceeding will be conducted under the rules applicable to the ratesetting category unless and until the Commission determines that the rules applicable to one of the other categories, or some hybrid of the rules, are best suited to the proceeding.(3) In exercising its discretion under this rule, the Commission shall so categorize a proceeding and shall make such other procedural orders as best to enable the Commission to achieve a full, timely, and effective resolution of the substantive issues presented in the proceeding.Cal. Code Regs. Tit. 20, § 7.1
1. New section filed 10-19-98; designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for printing only (Register 98, No. 43).
2. New article 7 heading, renumbering of former section 7.1 to new section 8.3 and new section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
3. Amendment of section heading and section filed 3-15-2021; operative 5-1-2021 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2021, No. 12). Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1701.1, Public Utilities Code.
1. New section filed 10-19-98; designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for printing only (Register 98, No. 43).
2. New article 7 heading, renumbering of former section 7.1 to new section 8.3 and new section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a)(Register 2006, No. 37).
3. Amendment of section heading and section filed 3-15-2021; operative 5/1/2021 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2021, No. 12).