4. Procedural History

By Resolution ALJ 176-3205, dated December 20, 2007, the Commission preliminarily categorized this application as "ratesetting" with hearing indicated. A Prehearing Conference (PHC) was held on February 28, 2008 to establish issues and a hearing schedule. Following this PHC, on March 4, 2008, Commissioner Simon issued a Scoping Memo and ruling setting a schedule that included public participation hearings (PPH) and an evidentiary hearing. The Scoping Memo and ruling affirmed the categorization of this proceeding and that an evidentiary hearing was necessary.

Five PPHs were held throughout California to receive comments from the utilities' customers on the utilities' proposal to use the EPBR method for allocating costs of the PP programs. The PPHs were held in Compton, San Diego, Oakland, Bakersfield, and Fresno. Of the 52 customers who spoke at these PPHs, 37 were in opposition, 14 in favor, and one was neutral to the utilities EPBR method. In addition, a copy of a computer on-line petition of

approximately 8,300 customers opposing the EPBR method was presented by CREDO Mobile Working Assets. Letters and E-Mails received in favor of and in opposition to the EPBR were placed in the correspondence file of this proceeding.

The evidentiary hearing began on July 21, 2008 and continued through July 23, 2008. Briefs were filed on August 21, 2008 and reply briefs on September 2, 2008. A closing oral argument was held before Commissioners Simon and Bohn on August 25, 2008.