2. Procedural History

The following entities filed timely protests to the application: the Division of Ratepayer Advocates (DRA), The Utility Reform Network (TURN), and the Western Power Trading Forum (WPTF). Independent Energy Producers (IEP) filed a response, which also raised concerns. San Diego Gas & Electric Company (SDG&E) filed a reply to address each of the protests and the response.

Following a prehearing conference (PHC) on September 15, 2010, the assigned Commissioner issued a timely scoping memo, which set this matter for evidentiary hearing.1 Hearings were held in San Francisco on December 13-17, 2010, as scheduled. Four parties participated, SDG&E, NaturEner Rim Rock Wind Energy, LLC (Rim Rock), DRA and TURN (the active parties). After requesting and receiving several extensions to the briefing schedule (by Administrative Law Judge (ALJ) rulings on January 19, February 3, February 14, March 4, and March 17, 2011), the active parties reached a settlement, noticed and held a settlement conference, and on April 8, 2011, filed a joint motion requesting adoption of their settlement.2 The ALJ set a schedule for comments on the motion and joint settlement, but no comments or reply comments were filed. The case was submitted on April 29, 2011, the day reply comments on the motion and joint settlement were due.

Concurrently on April 8, 2011, SDG&E and Rim Rock jointly filed a motion seeking leave to file portions of the settlement under seal. No responses to the motion were filed.

1 Assigned Commissioner's Ruling and Scoping Memo, September 29, 2010.

2 The public version of the settlement is attached to today's decision as Appendix 1.

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