III. CONCLUSION

For the reasons stated above, D.10-05-050 is modified to: (1) delete the statement that CCAs are subject to Business and Professions Code sections 17200 and 17500; and (2) include a fuller explanation of the bases for the Commission's authority to allow an individual Commissioner or ALJ to issue a TRO or preliminary injunction subject to ratification or reversal by the full Commission. Rehearing of D.10-05-050, as modified, is denied.

THEREFORE, IT IS ORDERED that:

1. D.10-05-050 shall be modified as follows:

a. The first full sentence on page 8 beginning with "This procedure is fully within our authority ..." is modified to read:

    "This procedure is fully within our authority and consistent with Article XII, sections 1-6 of the California Constitution; sections 309, 310, and 701 of the Public Utilities Code; and Rules 9.1, 11.1, and 14.6(c)(1) of the Commission's Rules of Practice and Procedure."

b. Footnote 9 on page 16 is deleted in its entirety.

c. Conclusion of Law 7 on page 19 is modified to read:

    "Administrative law judges and presiding officers have the authority to hear and grant a temporary restraining order or preliminary injunction pending confirmation or rejection of such order by the full Commission, consistent with Article XII, sections 1-6 of the California Constitution; sections 309, 310, and 701 of the Public Utilities Code; and Rules 9.1, 11.1, and 14.6(c)(1) of the Commission's Rules of Practice and Procedure."

d. The last sentence of Ordering Paragraph 1.a. on page 20 is modified to read:

    "The Commission will entertain complaints against utilities for engaging in such improper communications where, in addition to penalties, the utility may be subject to interim relief, including a temporary restraining order or preliminary injunction, consistent with Article XII, sections 1-6 of the California Constitution; sections 309, 310, and 701 of the Public Utilities Code; and Rules 9.1, 11.1, and 14.6(c)(1) of the Commission's Rules of Practice and Procedure."

2. Rehearing of D.10-05-050, as modified, is denied.

This order is effective today.

Dated July 12, 2012, at San Francisco, California.

I abstain.

/s/ MICHEL PETER FLORIO

Commissioner

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