III. CONCLUSION

Based on the discussion above, D.12-02-038 is modified to clarify the limited rehearing of D.11-05-026 that was granted. A limited rehearing of D.12-02-038 is granted so that all issues related to the methodology and calculation of the refunds shall be reconsidered in one proceeding. We vacate the statute of limitations determinations in D.11-05-026 and D.12-02-038, so that the statute of limitations issues can be reconsidered as part of the limited rehearing of D.12-02-038 we are granting today. The proceedings for limited rehearing of D.12-02-038 and limited rehearing of D.11-05-026 shall be consolidated. The request for lifting the stay is denied.

THEREFORE, IT IS ORDERED that:

2. A limited rehearing of D.12-02-038, as modified, is granted so that all issues related to the methodology and calculation of the refunds shall be reconsidered in one proceeding.

3. The statute of limitations determinations set forth in Section 3 of
D.11-05-026, pp. 13-14, are vacated, and those issues shall be reconsidered as part of the consolidated proceedings for the limited rehearings.

4. The discussion regarding the statute of limitations in Section II.C. of
D.12-02-038, on pages 16-21, is vacated.

5. Ordering Paragraph Numbers 2, 3, 6, 7, 8, and 9 of D.12-02-038 are vacated.

6. The proceedings for the limited rehearing of D.12-02-038 and limited rehearing of D.11-05-026 shall be consolidated.

7. Issues discussed in D.12-02-038 regarding the statute of limitations involving the refund methodology and calculation are to be considered as part of the consolidated limited rehearings.

8. Within 10 days of the issuance of today's decision, the assigned Administrative Law Judge shall issue a ruling setting forth a prehearing conference.

This order is effective today.

Dated April 19, 2012, at San Francisco, California.

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