IV. SCHEDULE
As we stated earlier, the Commission will set hearings to review the issues raised by this matter. The Commission intends to set a prehearing conference to consider and adopt a hearing schedule and schedule other matters for this proceeding.
A. Categorization
This proceeding is categorized as adjudicatory. Ex parte communications are prohibited. The determination as to category is appealable under Rule 7.6 of the Commission's Rules of Practice and Procedure.
Therefore, IT IS ORDERED that:
1. An investigation is instituted on the Commission's own motion to determine whether Pacific Gas and Electric Company (PG&E) violated any provision of the California Public Utilities Code, general orders, federal law adopted by California, other rules, or requirements by with respect to its gas service at or near the area of Paiute Way, in Rancho Cordova, California.
2. PG&E is named as Respondent to this investigation.
3. Respondent PG&E is directed to show at hearings why the Commission should not find it in violation of provisions of the Public Utilities Code (Pub. Util. Code), general orders, decisions, other rules, or requirements identified in this Order, and/or engaging in unreasonable and/or imprudent practices related to these matters, and why the Commission should not impose penalties. If any PG&E violation is found, PG&E is directed to show why penalties and/or any other form of relief should not be applied. PG&E is also directed to file a report no later than December 17, 2010 providing the information required and specified in this order.
4. PG&E is hereby given notice that fines may be imposed in this matter pursuant to Pub. Util. Code §§ 2107 and 2108.
5. PG&E is hereby given notice that the Commission may order the implementation of operational and policy measures designed to prevent future gas hazards to safety pursuant to Pub. Util. Code § 761.
6. Pursuant to Rule 7.1(c) of the Commission's Rules of Practice and Procedure, this proceeding is categorized as adjudicatory, deemed to require hearings, and this Order includes a preliminary scoping memo. This Order, only as to category, is appealable under Rule 7.6.
7. A prehearing conference shall be convened before an Administrative Law Judge (ALJ) for the purpose of establishing a schedule in this matter, including the date, time, and location of an evidentiary hearing, and for good cause shown the ALJ and/or Assigned Commissioner may extend the deadline of December 17, 2010, for any particular responses required.
8. The report and supporting documents prepared or attached by the Commission's Consumer Protection and Safety Division (CPSD) supported by Declaration, will be entered into the record for this proceeding. If PG&E believes that under the law any portion of the report or attachments, not already public, should remain unavailable for public review, PG&E must file a written motion for a protective order for specific identified portions of the report and attachments, and must identify the legal support for its requests, no later than December 17, 2010. CPSD is directed to provide any reply to this request no later than December 23, 2010.
9. The Executive Director shall cause a copy of this Order to be served by certified mail on the Respondent, PG&E, at:
Christopher P. Johns President Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 |
Lise H. Jordan Law Department Pacific Gas and Electric Company 77 Beale Street San Francisco, CA 94105 |
Brian K Cherry Vice President, Regulatory Relations Pacific Gas and Electric Company 77 Beale Street, Room 1087 San Francisco, CA 94105 |
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This order is effective today.
Dated November 19, 2010 at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
TIMOTHY ALAN SIMON
NANCY E. RYAN
Commissioners