7. Rule 13.1 Violation

Rule 13.1 requires energy companies to give notice of a hearing, not less than five nor more than 30 days before the date of the hearing, to entities or persons who may be affected thereby, by posting notice in public places and by publishing notice in a newspaper or newspapers of general circulation in the area or areas concerned, of the time, date, and place of hearing.

To comply with "not less than five days ... before the date of the hearing," SCE, SDG&E and PG&E were required to publish their notice of the hearing no later than August 23, 2007, five days prior to the start of evidentiary hearings on August 28, 2008.⁶⁵

SCE and PG&E complied with Rule 13.1. However, SDG&E did not. SDG&E's hearing notice was not published until August 31, 2007, eight days after the August 23, 2007 compliance date and three days after the date its policy witness testified.⁶⁶

We intend to set a second phase of this proceeding to consider potential penalties.

⁶⁵ A hearing schedule was set at a June 14, 2007 PHC. That schedule provided for hearings to start on August 28, 2007 for the examination and receipt of exhibits on SDG&E's policy witness and hearings to continue beginning September 10, 2007 for the examination and receipt of exhibits on all other witnesses.

⁶⁶ SDG&E's September 7, 2007 Rule 13.1 compliance filing shows that its hearing notice was published in the San Diego Union-Tribune and North County Times on August 31, 2007.