8. Comments on Proposed Decision

The proposed decision of Administrative Law Judge (ALJ) Maribeth A. Bushey in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Nelson filed comments on October 19, 2009, reiterating previous arguments which are addressed in today's decision. Nelson also contends that assessing a $40,000 fee against to Emmetts would not violate § 453 because the fee would not constitute unreasonable discrimination. Nelson asked that the application be granted.

On November 9, 2009, the Emmetts filed reply comments supporting the proposed decision.

No substantive changes have been made to the proposed decision.