2 Procedural Background

On November 3, 2009, Nash Dweik (Complainant) filed a complaint against Pacific Gas and Electric Company (PG&E). PG&E filed the Verified Answer to Complaint of Defendant Pacific Gas and Electric Company on December 16, 2009. On January 8, 2010, the assigned Administrative Law Judge (ALJ) issued the Administrative Law Judge's Ruling Setting Prehearing Conference, which among other things set a prehearing conference (PHC) for January 13, 2010.

During the January 13, 2010 PHC, the parties agreed to mediation of the dispute. A second PHC was held on February 22, 2010 after parties were unable to resolve the matter. During the February 22, 2010 PHC, the parties discussed issues that each believed should be included within the scope of the proceeding, and a proposed schedule for the proceeding.

On March 2, 2010, Commissioner Dian M. Greuneich issued the Scoping Memo and Ruling of Assigned Commissioner setting forth the anticipated schedule and the scope of issues to be considered by the Commission. As a result of the discussions at the PHC, the scoping memo came to the preliminary conclusion that hearings would be necessary.

On June 25, 2010, PG&E filed Pacific Gas and Electric Company's Motion for Summary Judgment, Statement of Undisputed Facts in Support of Pacific Gas and Electric Company's Motion for Summary Judgment, and Declaration of Ronald S. David in Support of Pacific Gas and Electric Company's Motion for Summary Judgment. Complainant filed Response to Pacific Gas and Electric Company's Motion for Summary Judgment on July 7, 2010. PG&E requested and received permission from the assigned ALJ to file a reply. On July 23, 2010, PG&E filed Pacific Gas and Electric Company's Reply in Support of Motion for Summary Judgment and Supplemental Declaration of Ronald S. David.

On July, 27, 2010, the assigned ALJ issued Administrative Law Judge's Ruling Rescheduling Evidentiary Hearings and Regarding Procedural Arrangements for Evidentiary Hearings, which moved evidentiary hearings from July 30, 2010 and August 1, 2010 to August 23, 2010 and August 24, 2010. The ruling also provided information regarding the procedural arrangements for the conduct of the evidentiary hearings. Among other things, the ruling required parties to file a joint statement setting forth a proposed schedule of witnesses, cross-examination time estimates, an exhibit list and a statement of issues remaining in dispute. Parties were unable to finish a joint statement and each separately submitted the information requested on August 11, 2010.

Evidentiary hearings were held on August 23, 2010. On August 27, 2010, the Motion of Pacific Gas and Electric Company to File Under Seal: Confidential Materials Attached and Filed Under Seal was filed by PG&E. The case was submitted on September 14, 2010, with the filing of reply briefs. Decision (D.) 10-10-002) extended the 12-month statutory deadline for this proceeding to November 3, 2011.