3. Late-Filed Exhibits

Four exhibits were received from parties after hearings. At hearings on May 28, 2009, the ALJ authorized SoCalGas to provide supplemental testimony in response to TURN Exhibit 212 by June 1, 2009, and identified this testimony as Exhibit 33. SoCalGas served this supplemental testimony as required, and no parties objected to the admission of this testimony. Exhibit 33 is hereby received.

On June 12, 2009, TURN filed a motion to admit a SoCalGas data response related to this supplemental testimony into evidence, in lieu of cross examining the SoCalGas sponsoring witness. No parties objected to including this exhibit in the record. This document is identified as Exhibit 214, and is hereby received.

Also at hearings, the ALJ required DRA to provide an affidavit from its Witness Jennings, adopting his testimony as being true and correct. This exhibit was identified as Exhibit 120, and was served on parties as required on June 1, 2009. No parties objected to the admission of Exhibit 120, which is hereby received.

On June 11, 2009, UWUA filed a motion for admission into the record of a late-filed exhibit consisting of most of the SoCalGas response to UWUA Data Request 04. This data response contains information on the race, ethnicity, and gender breakdown of the SoCalGas workforce, and how it would be affected by the elimination of meter reader positions. UWUA asserts that this baseline employment data is "pertinent to an assessment of whether SoCalGas' proposal in this proceeding is consistent with the Commission's diversity goals and SoCalGas' diversity commitments."² On June 24, 2009, SoCalGas filed a response asserting that the Commission should deny the UWUA motion because: (1) the Commission is preempted by federal law from interfering in the collective bargaining process; (2) the Motion seeks admission of evidence that is beyond the scope of this proceeding; and, (3) the evidence the Motion seeks to have admitted in this proceeding is best considered in a proceeding of wider scope.³ SoCalGas further argues that if its data response is admitted, the complete data response should be entered into the record; UWUA prefers that the last sentence of the data response be stricken as conclusory. UWUA did not file a reply to the SoCalGas response.

The objections raised by SoCalGas to admitting this proposed exhibit into evidence are not persuasive. First, SoCalGas argues that the data response should not be admitted because the Commission is preempted by federal law from interfering with the collective bargaining process. It is not clear how admitting information on the composition of the existing SoCalGas workforce with and without meter readers would interfere with collective bargaining between SoCalGas and its employee unions. SoCalGas further argues that this information is beyond the scope of this proceeding, and is best considered in a proceeding of wider scope. UWUA suggests that the diversity of the SoCalGas workforce, and the effect of the SoCalGas AMI proposal on that diversity, is relevant to the determination of whether this proposal should be adopted. The scope of this proceeding encompasses any information reasonably necessary for the Commission to make findings on certain questions contained in the scoping memo. As discussed in Section 5, below, these questions include whether this proposal is consistent with state energy policy objectives or desirable for other policy reasons; employee diversity is an area of policy interest for this Commission. It is reasonable to consider information on workforce diversity in this proceeding, and we will allow it into the record. Whether or not this information may also be relevant in a broader proceeding does not affect its relevance in this case. This data response, identified at hearings as Exhibit 301, is hereby received.

The record is composed of all documents that were filed and served on parties. It also includes all testimony and exhibits received at hearing, and the four exhibits discussed here, Exhibits 33, 120, 214, and 301. Also, the ALJ sealed as confidential various exhibits and filings. We affirm all assigned Commissioner and ALJ rulings in this proceeding. All motions not previously ruled upon or addressed in this decision are denied.

² Motion of Utility Workers Union of America, Local 132 to Admit Late-Filed Exhibit, June 10, 2009, at 3.

³ Response of Southern California Gas Company to Motion of Utility Workers Union of America, Local 132 to Admit Late Filed Exhibit, June 24, 2009, at 2.