4. Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and A. Kirk McKenzie is the assigned ALJ in this proceeding.

Findings of Fact

1. The complaint in this case was filed on February 15, 2008.

2. Because of the urgency of the alter ego issues raised in C.06-03-013, the importance of prompt approval of the settlement agreements in A.08-07-028 and A.08-07-029, and other matters, the ALJ has not yet been able to turn his attention to the motion to dismiss and related pleadings filed in this case.

3. An extension of time until February 15, 2010, should allow the ALJ adequate time to consider Verizon's motion to dismiss the instant complaint, allow the parties time to invoke the dispute resolution procedures under the ICA if an amended complaint is permitted, allow for the drafting of a POD, and give the losing party or any concerned Commissioner time to decide whether to file an appeal of the POD (or request review thereof) pursuant to Rule 14.4 of the Commission's Rules of Practice and Procedure.

Conclusions of Law

1. Because of the urgency of the alter ego issues in C.06-03-013 and the QF settlement issues in A.0-07-028 and A.08-07-029, as well as other matters, it will not be possible to resolve this case within the 12-month period provided for in Pub. Util. Code § 1701.2(d).

2. The 12-month statutory deadline should be extended for 12 months to allow for resolution of this proceeding.

IT IS ORDERED that the 12-month statutory deadline in this proceeding, February 15, 2009, is extended to and including February 15, 2010.

This order is effective today.

Dated January 29, 2009, at San Francisco, California.

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