39. DRA Motion for Official Notice of Documents

On January 11, 2010, DRA filed a motion for official notice of documents or, in the alternative, to re-open the record.

DRA asks the Commission to take official notice of the letter of California State Senator Dean Florez dated October 7, 2009 to Commissioner Michael Peevey. DRA states the letter is an official act of a member of the California Legislature, and that the hearing referred to in the letter took place is a fact not reasonably subject to dispute, but is one capable of immediate and accurate determination by resort to resources of reasonably undisputable accuracy.

DRA also asks the Commission to take official notice of the California Public Utilities Commission Press Release entitled "CPUC Responds to PG&E Customer concerns About SmartMeter Installations in Bakersfield." DRA states the press release is an official act of this Commission and appears on the CPUC website and consequently, is not reasonably subject to dispute, but is instead capable of immediate and accurate determination.

DRA states that official notice of the letter and press release should be taken because they document events surrounding the installation of PG&E's SmartMeters that are directly relevant to this proceeding. According to DRA, (1) here, in A.09-02-022, the Commission must decide, among other things, the appropriate timetable for starting small and medium C&I customers on dynamic pricing, (2) according to D.08-07-045, small commercial customers are to have had SmartMeters installed for 12 months or more before they are defaulted to dynamic pricing; and (3) the Senator Florez letter and the CPUC Press Release refer to questions that have been raised about the installation of SmartMeters and their accuracy. DRA asks that official notice be taken of these documents so that it is clear in the record of A.09-02-022 that these questions have been raised and are still pending.

In its January 26, 2010 response to DRA's motion, PG&E states that it does not oppose entering these two documents into the record of this case for the purpose of establishing that they exist. PG&E, however, does oppose entering them into the record for the truth of the matters asserted in them. PG&E indicates that these documents are hearsay and the matters that they discuss are currently in dispute. Therefore, it is PG&E's position that if official notice of the press release and the letter is granted, the Commission must indicate that official notice is taken of the existence of the documents, and for no other purpose.

No other party responded to DRA's motion.

39.1. Discussion

DRA's request that official notice be taken of these documents is consistent with the provisions of Rule 13.9 of the Commission's Rules of Practice and Procedure and Section 452 of the Evidence Code. DRA's request is reasonable and will be granted. Official notice is taken with respect to the fact that the documents exist and the indicated issues have been raised and are pending.