4. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Thomas R. Pulsifer is the assigned ALJ in this proceeding.

Findings of Fact

1. The Commission adopted in D.10-03-022 to implement provisions of SB 695 which was signed into law as an urgency statute, adding § 365.1(b) to the Public Utilities Code.

2. A temporary waiver of the six-month advance notice requirement during the OEW was adopted in D.10-03-022 for all DA eligible customers.

3. The Commission in D.10-03-022 considered and declined to provide a preference to any subset of DA eligible customers in switching to DA service.

4. D.10-03-022 creates a level playing field for all DA eligible customers by granting a one-time, permanent waiver of all minimum BPS commitment periods in place as of the effective date of the DA opening on April 11, 2010.

Conclusions of Law

1. CSU timely filed a Petition for Modification of D.10-03-022.

2. CSU, in its Petition, has not identified any provision of D.10-03-022 that warrants modification.

3. The Petition for Modification of D.10-03-022 filed by CSU should be denied.

4. No preference under the switching rules is warranted for any customers eligible for DA service under the provisions of SB 695, including customers previously eligible under provisions of AB 1X.

ORDER

IT IS ORDERED that June 23, 2010, Petition for Modification of Decision 10-03-022 filed by California State University is denied.

This order is effective today.

Dated October 28, 2010, at San Francisco, California.

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