COM/TAS/eam Date of Issuance 10/25/2011

Decision 11-10-038 October 20, 2011

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Revise and Clarify Commission Regulations Relating to the Safety of Electric Utility and Communications Infrastructure Provider Facilities.

Rulemaking 08-11-005 (Filed November 6, 2008)

ORDER EXTENDING STATUTORY DEADLINE FOR RESOLVING RULEMAKING PROCEEDING

The purpose of this proceeding is to consider and adopt measures to reduce the fire hazards associated with overhead powerline facilities and communications lines located in close proximity to overhead power lines. Pub. Util. Code § 1701.5(a) requires quasi-legislative proceedings such as this one to be resolved no later than 18 months after the scoping memo is issued unless the scoping memo sets a later date. Pub. Util. Code § 1701.5(a) also authorizes the Commission to issue an order extending the deadline by 60 days. Any such order must include a written determination that the deadline cannot be met.

This proceeding was initiated on November 6, 2008, with the issuance of Order Instituting Rulemaking 08-11-005. The scoping memo issued on January 6, 2009, divided this proceeding into two phases. Phase 1 was completed on August 20, 2009, with the issuance of Decision (D.) 09-08-029.

The scoping memo for Phase 2 was issued on November 5, 2009. As permitted by Pub. Util. Code § 1701.5(b), the Phase 2 scoping memo set a new 18-month deadline of May 5, 2011, for resolving Phase 2 issues. In D.11-05-006, the Commission extended the 18-month deadline by 60 days to July 5, 2011, pursuant to § 1701.5(a). In D.11-06-028, the Commission extended the deadline a second time to September 6, 2011. In D.11-08-008, the Commission extended the statutory deadline a third time to November 7, 2011.

A proposed decision (PD) regarding Phase 2 issues was mailed on June 10, 2011. The PD is approximately 170 pages (excluding appendices) and addresses numerous complex and contested issues. The PD was initially scheduled to be considered at the Commission meeting on July 14, 2011, but has been held to the Commission meeting on October 20, 2011. If the PD is held again, the current statutory deadline of November 7, 2011, will be breached.¹

In light of the current status of the proceeding, and in an abundance of caution, another 60-day extension is warranted. The new deadline shall be January 6, 2012, consistent with § 1701.5(a).

Waiver of Comment Period

Under Rule 14.6(c)(4) of the Commission's Rules of Practice and Procedure, the Commission may reduce or waive the period for public review and comment of proposed decisions extending the deadline for resolving quasi-legislative proceedings. Therefore, as allowed by Rule 14.6(c)(4), the otherwise applicable period for public review and comment is waived.

¹ The first Commission meeting after October 20, 2011, is November 10, 2011.