competitive generation supply. We pointed out that, as set forth in the May 2016 and the 2016 CAP Rule Secretarial Letter November 2016 Secretarial Letter, PECO’s Change Filing is subject to public comment. Thus, we noted that CAUSE/TURN and all other interested stakeholders will be free to present their positions on CAP PECO’s shopping plan through the submission of comments to the 2016 CAP Rule Change Filing at Docket No. P-2012-2283641. In addition, we explained that we will take official notice of the documents constituting the record in this proceeding when we consider 2016 CAP Rule Change Filing at Docket No. P-2012-2283641, pursuant to 52 PECO’s Pa. Code § 5.406 relating to public documents, 52 Pa. Code § 5.407 relating to records of other proceedings, and 52 Pa. Code § 5.408 relating to official and judicial notice of fact. We found that this process would address the due process concerns of CAUSE/TURN. at 62. December 2016 Order C. Petitions and Answers Thereto 1. CAUSE/TURN Petition In their Joint Petition, CAUSE/TURN first assert that the December 2016 sufficient clarity and/or issues conflicting guidance regarding its intended Order “lacks process to incorporate the record from DSP IV into DSP CAUSE/TURN contend II.” that our intention to take official notice of the documents constituting the record in this proceeding when we consider 2016 CAP Rule Change Filing in the DSP II PECO’s proceeding is problematic. In this regard, CAUSE/TURN argue as follows: Specifically, to take official notice, the record from both DSP II and DSP IV must be certified and with particularity the evidence weighed and evaluated by a trier of fact. Taking official notice is inadequate in itself because the evidence submitted in DSP IV has not been weighed, and the persuasiveness of the briefs submitted in DSP IV has not been measured. Indeed, there are no findings of fact or
competitive generation supply. We pointed out that, as set forth in the May 2016 Secretarial Letter and the November 2016 Secretarial Letter, PECO’s 2016 CAP Rule Change Filing is subject to public comment. Thus, we noted that CAUSE/TURN and all other interested stakeholders will be free to present their positions on PECO’s CAP shopping plan through the submission of comments to the 2016 CAP Rule Change Filing at Docket No. P-2012-2283641. In addition, we explained that we will take official notice of the documents constituting the record in this proceeding when we consider PECO’s 2016 CAP Rule Change Filing at Docket No. P-2012-2283641, pursuant to 52 Pa. Code § 5.406 relating to public documents, 52 Pa. Code § 5.407 relating to records of other proceedings, and 52 Pa. Code § 5.408 relating to official and judicial notice of fact. We found that this process would address the due process concerns of CAUSE/TURN. December 2016 Order at 62. C. Petitions and Answers Thereto 1. CAUSE/TURN Petition In their Joint Petition, CAUSE/TURN first assert that the December 2016 Order “lacks sufficient clarity and/or issues conflicting guidance regarding its intended process to incorporate the record from DSP IV into DSP II.” CAUSE/TURN contend that our intention to take official notice of the documents constituting the record in this proceeding when we consider PECO’s 2016 CAP Rule Change Filing in the DSP II proceeding is problematic. In this regard, CAUSE/TURN argue as follows: Specifically, to take official notice, the record from both DSP II and DSP IV must be certified with particularity and the evidence weighed and evaluated by a trier of fact. Taking official notice is inadequate in itself because the evidence submitted in DSP IV has not been weighed, and the persuasiveness of the briefs submitted in DSP IV has not been measured. Indeed, there are no findings of fact or