VIII. Waiver of Comments by the Commission on Draft Decision

Pursuant to Rule 77.7(f)((9) of the Commission's Rules of Practice and Procedure, we determine that the public necessity requires waiver of the 30-day period for public review and comment. The respondent utilities filed updated procurement plans on November 12 and November 15, 2002. PG&E also filed a supplement to its plan on November 22, 2002. Interested parties filed comments on December 4 and 5, and utilities served their responses electronically after 5:00 p.m. on December 6, 2002.

Public necessity requires the waiver of the 30-day period for public review and comment because failure to adopt a final decision by the Commission's December 19, 2002 agenda meeting would place at risk our requirement that the respondent utilities resume full procurement activities on January 1, 2003 in keeping with the expiration of the authority of DWR under AB1X to enter new contracts after December 31, 2002. Thus, failure of the Commission to act by December 19, 2002 could endanger the public's health and welfare, and this clearly outweighs the public interest in allowing a comment-and-review period.