Commission Waiver of Comment Period for Alternate Pages

Pursuant to Rule 77.7(f) and Rule 81 (f) and (g) of the Commission's Rules of Practice and Procedure, we determine that an unforeseen emergency situation requires waiver of the 30-day period for public review and comment on alternate pages. The respondent utilities filed modified procurement plans in conformance with D.02-10-062 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.

Rule 81 provides in pertinent part that "'unforeseen emergency situation' means a matter that requires action or a decision by the Commission more quickly than would be permitted if advance publication were made... Examples include ... (f) Requests for relief based on extraordinary conditions in which time is of the essence...(g) Deadlines for Commission action imposed by legislative bodies..." An unforeseen emergency situation requires the waiver of the 30-day period for public review and comment. Failure to adopt a final decision by the Commission's December 19, 2002 agenda meeting would place at risk our satisfaction of a statutory mandate that the respondent utilities resume full procurement activities on January 1, 2003. See Assembly Bill 57, Section 1(b), which states a legislative intent to: "[e]nsure, by no later than January 1, 2003, that each electrical corporation whose customers are currently being served by the Department of Water Resources will resume procurement for those needs that are not being met by the Department of Water Resources." The authority of DWR under AB1X to enter new contracts ends on and after January 1, 2002. See Water Code § 80260. This is a deadline imposed by the legislature on this commission, as described in Rule 81 (g). In addition, as described in Rule 81(f), time is of the essence and failure to act by December 19, 2002 could jeopardize PG&E's request in bankruptcy court to resume full procurement activities on January 1, 2003. Finally, failure of the Commission to act by December 19, 2002 could endanger the public's health and welfare. For these reasons, we waive public review and comment.