Timeliness of Petition

D.10-04-028 was effective on April 8, 2010. Rule 16.4(d) of the Commission's Rules of Practice and Procedure requires petitions to be filed and served within one year of the effective date of the decision. If more than one year has elapsed, the petition must explain why it could not have been presented within one year. FCE's petition for modification was filed on December 6, 2011, and it explains that its petition was not filed earlier because SCE only recently stated publicly its intention to abandon the fuel cell project at CSU Long Beach without seeking an alternate site. Therefore, FCE requests that its petition be accepted despite the fact it is beyond the one year deadline. FCE provides a reasonable explanation for filing beyond the one year deadline and we will accept and consider FCE's petition.