6. Other Procedural Matters

6.1. Change in Determination on Need for Hearings

In Resolution ALJ 176-3262, dated October 14, 2010, the Commission preliminarily categorized this Application as ratesetting, and preliminarily determined that hearings were not necessary. In the Scoping Memo, the assigned Commissioner scheduled evidentiary hearings, though eventually it was determined that hearings were not necessary. Given that no hearings were held in the current proceeding, we affirm our preliminary determination made in Resolution ALJ 176-3255 with regard to categorization and hearings.

6.2. Admittance of Testimony and Exhibits into Record

Since evidentiary hearings were not held in A.10-10-001, there was no opportunity to enter prepared testimony and exhibits into the record. In order to fairly assess the record, it is necessary to include all testimony and exhibits served by SDG&E and DRA. In its Opening Brief, SDG&E requested that its testimony be received into the record. In its Reply Brief, DRA requested that both the public and confidential versions of its testimony be received into evidence. Given the necessity of SDG&E's and DRA's testimony to our assessment of the proposals put forth by both parties, we admit into evidence SDG&E's and DRA's testimony and exhibits, as detailed in Attachment A to this decision, that were served on the service list in A.10-10-001.

6.3. Motions to Seal the Evidentiary Record

Pursuant to D.06-06-066 and D.08-04-023, SDG&E requested leave to seal portions of the evidentiary record and treat witnesses' testimony supporting the application as confidential, in order to avoid the inappropriate disclosure of confidential and commercially sensitive information pertaining to SDG&E's electric procurement resources and strategies. These exhibits include Exhibits SDGE-1C, -2C, -3C, and -4C. DRA also included some of the same confidential SDG&E information in its Exhibit DRA-1C.

A similar request was granted in SDG&E's last ERRA recovery decision, D.10-04-010. We therefore seal, under usual procedures, portions of the evidentiary record, in particular SDG&E's Exhibits SDGE-1C, -2C, -3C, and -4C and DRA's Exhibit DRA-1C. The confidential version of each of these exhibits will be denoted by a "C" after the number of the exhibit.

6.4. Compliance with the Authority Granted Herein

In order to implement the authority granted herein, we require SDG&E to file a Tier 1 Advice Letter by September 1, 2011. The tariff sheets filed in these Advice Letters shall be effective on or after the date filed.