III. CONCLUSION

For the reasons stated above, the application for rehearing of D.08-09-027 is denied. The request for oral argument is also denied.

THEREFORE IT IS ORDERED that:

1. The application for rehearing of D.08-09-027 is hereby denied.

2. This proceeding, Case (C.) 07-11-018, is closed.

This order is effective today.

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

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