5. Comments on Proposed Decision (PD)

The PD of Administrative Law Judge (ALJ) Jeffrey P. O'Donnell in this matter was mailed to the parties in accordance with § 311 of the Public Utilities Code and comments were allowed pursuant to Rule 14.3 of the Commission's Rules of Practice and Procedure. Opening and/or reply comments were filed by TURN, DRA, DisRA, Greenlining, SCE, PG&E and Sempra on October 15, 2009 and October 20, 2009, respectively.

As a result of the comments filed on the PD, the comments received at the December 16, 2009 en banc hearing and the January 5, 2010 workshop, and the Commission's initiation of the above rulemaking, the PD's holding (denial of the petition) is unchanged, but the rationale for doing so is revised as indicated above.