Background
During the April 7, 2004 evidentiary hearings, PG&E witness John Pappas testified that he might have to correct his testimony to reflect that some qualifying facility contracts should not be included in the calculation of the CTC. The date of April 23, 2004 was set for possible corrections to Pappas' testimony, and May 3, 2004 was set as the date for the other parties to notify PG&E and the undersigned whether additional hearings on the corrections would be needed. (2 R.T. at pp. 91-95, 115-116.)
On April 23, 3004, PG&E submitted its "Errata ... To Prepared Testimony on Forecast Issues" (Errata). The Errata consists of various changes to the text and tables contained in Exhibits 1 and 2. Concurrent with the submission of PG&E's Errata, PG&E filed a motion to file under seal an unredacted version of the Table 9-5 Errata.
Prior to the May 3, 2004 notification date, counsel for the Merced Irrigation District requested that the issue of whether additional hearings would be needed on the April 23 Errata be discussed at the May 3, 2004 prehearing conference.1 That request was granted. At the May 3 prehearing conference, PG&E, the Merced Irrigation District and the Modesto Irrigation District requested that they be given an additional week to determine whether hearings on the Errata would be needed, or if additional exhibits containing data responses about the Errata, would be needed.2
On May 10, 2004, counsel for the Modesto Irrigation District notified the undersigned that based on the responses to data requests concerning the Errata, the two irrigation districts would not be requesting further hearings on the CTC issue. Counsel also stated that data responses from PG&E concerning the Errata would be included as part of the late-filed exhibits, and that the parties would propose a briefing schedule.
On May 18, 2004, PG&E, with the agreement of the two irrigation districts, submitted a letter to the undersigned requesting that eight proposed exhibits be admitted into evidence, and that opening briefs on the CTC phase of this proceeding be electronically served on June 10, 2004, and that reply briefs be electronically served on June 24, 2004. The irrigation districts also request that they be permitted to file their opening and reply comments with the Commission's Docket Office on the day following electronic service, i.e., June 11 and June 24.
1 The May 3 prehearing conference was originally scheduled to discuss the issues concerning the record review period for the first five months of 2003, and the procedural schedule for the remaining seven-month period of 2003.
2 At the May 3, 2004 prehearing conference, the dates for filing opening and reply briefs on the 2003 record review period for the first five months was established. PG&E's May 18, 2004 letter states in footnote 2 that it is not requesting a change in the filing dates for this record review period. Accordingly, opening briefs are to be filed on May 27, 2004, and reply briefs on June 10, 2004, for this five-month record period. A separate ruling on the procedural schedule for the record review period for the remaining seven months of 2003 will be issued in the future.
