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ALJ/HSY/jyc Date of Issuance 3/14/2011

Decision 11-03-006 March 10, 2011

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Investigation on the Commission's Own Motion Into the Operations and Practices of Constellation NewEnergy, Inc.; Notice of Opportunity for Hearing; and Order to Show Cause Why the Commission Should Not Impose Fines and Sanctions For Constellation NewEnergy, Inc. January 2009 Violation of System Resource Adequacy Requirements.

Investigation 10-04-010

(Filed April 8, 2010)

DECISION APPROVING SETTLEMENT AGREEMENT

1. Summary

This decision approves the settlement between the Commission's Consumer Protection and Safety Division and respondent Constellation NewEnergy, Inc. (CNE) resolving this investigation. CNE shall make a settlement payment to the State of California General Fund in the amount of $300,000 within 60 days after the date when the Commission serves the decision finally resolving any application for rehearing or, where no application for rehearing has been filed, the period to apply for rehearing has expired. Investigation 10-04-010 is closed.

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