ALJ/TOM/lil Date of Issuance 8/2/2010

Decision 10-07-035 July 29, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

LA COLLINA DAL LAGO, L.P.; and BERNAU DEVELOPMENT CORPORATION, Complainants, vs. PACIFIC BELL TELEPHONE COMPANY, dba AT&T California (U1001C), Defendant.

Case 09-08-021 (Filed August 27, 2009)

DECISION EXTENDING STATUTORY DEADLINE

Summary

Public Utilities (Pub. Util.) Code § 1701.2(d) provides that adjudicatory cases shall be resolved within 12 months of the date that they are initiated unless the Commission makes findings as to why that deadline cannot be met and issues an order extending that deadline. This matter has been categorized as adjudicatory, and the 12-month deadline for resolving this proceeding is August 27, 2010.

In this proceeding, briefing on certain legal issues needing to be decided before evidentiary hearings were scheduled has occurred. Evidentiary hearings are now scheduled for October 4 through 7, 2010. Therefore, an extension of the statutory deadline is reasonable to allow for the conclusion of the evidentiary hearings, provide for post hearing briefing, and to issue a decision on the case. The extension is also necessary because of the possibility that one of the parties would file an appeal of the decision within the 30-day period provided for such appeals in Rule 14.4 (a) of the Commission's Rules of Practice and Procedure or that a Commissioner will file a request for review of the decision within the 30-day period provided for such requests in Rule 14.4 (b). Because of these circumstances, we have concluded that it is appropriate to extend the 12-month deadline in this case for an additional 12 months until August 27, 2011.