Procedural History and Record
SCE filed the petition to modify D.05-12-040 (petition) on October 8, 2010. On November 19, 2010 the Commission's independent Division of Ratepayer Advocates (DRA) filed a timely response and then SCE filed a timely reply on December 10, 2010. The assigned Administrative Law Judge (ALJ) on December 27, 2010 directed DRA to file a sur-reply, which was timely filed on January 14, 2011.
The record for this proceeding consists of all filed documents and all exhibits previously admitted into the record; there are no new exhibits served with respect to this petition to modify.
Rule 16.4(d) requires that SCE must either file for modification within one year or explain why it could not have been filed within that limit.2 SCE did not address this requirement directly in its petition. It is, however, evident that the turbine project significantly evolved in the 2009 test year general rate case, A.07-11-011, well after the steam generator replacement project was approved in D.05-12-040 in this proceeding. We can therefore exercise our discretion and accept the petition for filing.
2 Rule 16.4(d) Except as provided in this subsection, a petition for modification must be filed and served within one year of the effective date of the decision proposed to be modified. If more than one year has elapsed, the petition must also explain why the petition could not have been presented within one year of the effective date of the decision. If the Commission determines that the late submission has not been justified, it may on that ground issue a summary denial of the petition.
