4. Response by the Division of Ratepayer Advocates

The Division of Ratepayer Advocates (DRA) filed a timely response to the petition as allowed by Rule 16.4(f). DRA objects to the petition and notes that California American did not either request to set aside submission and reopen the record for later information, or file a timely application for rehearing. DRA also points out that California American had timely knowledge in September or October of 2009, before it issued the new debt in November 2009, that its
May 2009 forecast was out-of-date. Thus, DRA argues, the petition should be denied because California American failed to either timely petition to reopen the record or timely file an application for rehearing and this petition is procedurally inappropriate. (DRA Response at 6.)

A reply was filed on September 11, 2009. (Rule 16.4(g).)