ALJ/TJS/avs Date of Issuance 6/1/2011

Decision 11-05-027 May 26, 2011

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Heather Epps for Modification of D.06-07-027 and D.09-03-026.

Application 10-09-015 (Filed September 17, 2010)

DECISION DISMISSING APPLICATION OF HEATHER EPPS

1. Summary

This decision dismisses the Application of Heather Epps for modification of Decision (D.) 06-07-027 and D.09-03-026 because the application fails to present new facts that, if confirmed through evidentiary hearing, would warrant the changes proposed in the application. Most specifically, D.06-07-027 both acknowledged the large technological risks associated with the Smart Meter project and adopted incentive mechanisms for managing those risks. Although technological change did result in the unexpected technological obsolescence of the original Smart Meters, this development, albeit unfortunate, was acknowledged as a real possibility when the Commission approved both the initial and revised Smart Meter project.