Assignment of Proceeding

Carl W. Wood is the Assigned Commissioner. Burton W. Mattson is the assigned ALJ in this portion of this proceeding.

Findings of Fact

1. On October 6, 2003, HDPP filed and served a motion, no responses have been received, and the motion is uncontested.

2. HDPP is a new generating facility in California.

3. CGG does not own, control, operate or manage any electric plant for compensation in California.

Conclusions of Law

1. The October 6, 2003 motion of HDPP should be granted as provided herein.

2. CGG is not electrical corporation subject to § 7613.

3. This order should be effective immediately to correct respondent status, and the service list, without delay.

IT IS ORDERED that:

1. Leave is granted to High Desert Power Project, LLC (HDPP) to file its October 6, 2003 motion late. The motion to delete and replace appearances is granted as follows. The appearance of Thomas M. Barnett for Constellation Generation Group (CGG) is deleted and replaced with the appearance of Dave Boward for HDPP. HDPP is named a respondent, and the appearance for HDPP is:

Dave Boward

General Manager

High Desert Power Project, LLC

19000 Perimeter Road

Victorville, CA 92394

2. Within five days of the date of this order, HDPP shall serve a letter on the Commission's Process Office, with service on the service list, providing Boward's electronic mail address for receipt of documents, if one is available for this purpose.

3. The motion to revise the appearance of Andrew B. Brown from that for CGG to HDPP is granted. CGG is deleted as a respondent, and removed from the service list.

4. The Commission's Process Office will, as soon as reasonably possible, make these changes to the service list, and post the updated service list on the Commission's web page.

5. The proceeding remains open.

This order is effective today.

Dated , at San Francisco, California.