10. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Timothy J. Sullivan is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. The Application does not proffer any alleged facts that would warrant modification of D.06-07-027 and D.09-03-026.

2. D.06-07-027 discussed the technological risk of premature obsolescence associated with the Smart Meter project.

3. The proceedings leading to D.06-07-027 and D.09-03-026 were not procedurally deficient and were fully litigated.

4. D.06-07-027 adopted an incentive program to manage risks and rejected the use of a post-hoc reasonableness review, except if costs exceed $1.7846 billion.

Conclusion of Law

The Application should be dismissed.

ORDER

IT IS ORDERED that:

1. The Application of Heather Epps for Modification of Decision (D.) 06-07-027 and D.09-03-026 is dismissed.

2. Application 10-09-015 is closed.

This order is effective today.

Dated May 26, 2011, at San Francisco, California.

Previous PageTop Of PageGo To First Page