APPENDIX A

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Resolution ALJ-164

Administrative Law Judge Division

September 16, 1992

R E S O L U T I O N

Establishes a Law and Motion Procedure to Hear

Discovery Disputes and Other Procedural Motions

In order to promote uniformity of outcomes in formal proceedings, build a body of rulings that will serve to guide parties on discovery practice at the Commission, and improve predictability and timeliness in the disposition of motions, the Commission hereby establishes a Law and Motion Procedure. The Law and Motion Procedure will operate as follows:

1. Applicability. These procedures are applicable to any formal matter pending before the Commission including applications, complaints, investigations and rulemakings. Rulings under law and motion procedures will be deemed to be rulings in the underlying proceeding in which the dispute arose.

2. Discovery Disputes

a. Discovery Dispute Defined. A discovery dispute shall include contested requests to obtain, preclude or limit discovery, and disputes over the procedures to be followed in resolving such matters. No discovery dispute shall be eligible for law and motion resolution unless the parties to the dispute have previously met and conferred in a good faith effort to informally resolve the dispute.

b. Means to Invoke Procedures. A request to invoke these procedures shall be by motion, denominated to indicate the relief requested. Examples of such motions would include:

Motion to Compel Discovery

Motion to Limit Discovery and/or for a Protective Order

Motion for Leave to File Under Seal

Motion for Extension of Time to Comply with Discovery Order

c. The motion shall contain a title indicating the relief requested, a brief explanation of the issue, relevant points and authorities, any supporting documentation which is necessary or useful in resolving the dispute, and a draft of a proposed ruling which clearly indicates the relief requested. In addition, the motion must be accompanied by a declaration stating facts showing a good faith attempt at an informal resolution of each issue presented by the motion.

d. Responses to any such motion shall be filed and served within 10 days.

e. The Docket Office will refer motions relating to discovery disputes to the law and motion administrative law judge (ALJ). If the ALJ assigned to the underlying proceeding determines that particular factors concerning the discovery dispute make it more practicable for the assigned ALJ, rather than the law and motion ALJ, to rule on the matter, the assigned ALJ will confer with the law and motion ALJ regarding removal of the matter from the law and motion procedure. If the matter is removed, the assigned ALJ will issue a ruling notifying all parties to the dispute that it has been removed. The time requirements applicable to the issuance of a ruling on the merits will be the same as if the dispute had remained a law and motion matter.

3. Procedural motions (other than those identified in paragraph 2) may be assigned to the law and motion ALJ for resolution. Affected parties shall be notified of such assignment.

4. Law and motion matters will be scheduled weekly. The specific dates and times will be noticed in the Commission's Daily Calendar in advance.

5. The law and motion ALJ may deviate from the scheduled dates and times in appropriate cases and with notice to the affected parties, and may notice matters for argument via conference telephone call.

6. No court reporter will be present when law and motion matters are heard unless a party has demonstrated good cause for having it reported. The law and motion ALJ may issue an oral ruling immediately after hearing the arguments of the parties. The ALJ will provide a written ruling within 10 days following argument.

7. Only matters which appear on the Law and Motion Calendar for a particular day will be considered on that day, and if no matters are calendared, the Law and Motion Calendar will be cancelled for that day.

8. Law and motion matters will be heard in San Francisco. However in appropriate circumstances the law and motion ALJ may hear a particular matter at another location.

9. The hearing on a particular matter will be calendared for the weekly session which follows by at least 5 days the date for filing of responses to the motion. If a calendared matter is settled by the parties prior to the day the matter is to be heard, the moving party shall immediately inform the law and motion ALJ of that fact. The law and motion ALJ may reschedule the time for hearing upon notice to the parties.

The ALJ Division will monitor the success of the law and motion procedures, which we will adopt today as an experimental procedural reform. Depending upon the initial results of this new procedure, and any additional needs that surface, we may consider an expanded program or related rules changes in the future.

IT IS RESOLVED that the procedures outlined above in connection with the establishment of a Law and Motion Procedure are hereby adopted for implementation.

The Executive Director shall cause a copy of this resolution to be mailed to each appearance in all current major energy, telecommunications and water utility proceedings (I.87-11-033, I.88-11-040, I.89-03-005, I.89-07-004, I.90-11-033, A.90-12-018, A.91-11-024, A.91-11-036) and the generic Rules proceeding, R.84-12-028.

This resolution becomes effective 45 days from today.

I certify that this resolution was adopted by the Public Utilities Commission at its regular meeting on September 16, 1992. The following Commissioners approving it:

NEAL J. SHULMAN

Executive Director

DANIEL Wm. FESSLER

President

JOHN B. OHANIAN

PATRICIA M. ECKERT

NORMAN D. SHUMWAY

Commissioners

(END OF APPENDIX A)

************ APPEARANCES ************ Jonathan Jason Reiger Attorney At Law CALIFORNIA PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO CA 94102 (415) 355-5596 jzr@cpuc.ca.gov For: Office of Ratepayer Advocates Lynn M. Haug Attorney At Law ELLISON, SCHNEIDER & HARRIS, LLP 2015 H STREET SACRAMENTO CA 95814-3109 (916) 447-2166 lmh@eslawfirm.com For: Merced Irrigation District Roger Masuda Attorney At Law GRIFFITH & MASUDA PO BOX 510 517 E. OLIVE STREET TURLOCK CA 95380 (209) 667-5501 rmasuda@calwaterlaw.com For: Turlock Irrigation District Enrique Gallardo Attorney At Law LATINO ISSUES FORUM 785 MARKET STREET, SUITE 300 SAN FRANCISCO CA 94103 (415) 547-7550 enriqueg.@lif.org For: Latino Issues Forum Todd W. Blischke Attorney At Law MCCORMICK, KIDMAN & BEHRENS 695 TOWN CENTER DRIVE COSTA MESA CA 92626 (714) 755-3100 tblischke@mkblawyers.com For: Laguna Irrigation District Keith E. Mccullough Attorney At Law MCCORMICK,KIDMAN & BEHRENS 695 TOWN CENTER DRIVE, SUITE 400 COSTA MESA CA 92626 (714) 755-3100 kmccullough@mkblawyers.com For: LAGUNA IRRIGATION DISTRICT

Garith Krause MERCED IRRIGATION DISTRICT PO BOX 2288 MERCED CA 95344-2288 For: Merced Irrigation District Scott T. Steffen Attorney At Law MODESTO IRRIGATION DISTRICT PO BOX 4060 1231 ELEVENTH STREET MODESTO CA 95352 (209) 526-7387 scottst@mid.org For: Modesto Irrigation District Margaret Deb. Brown Attorney At Law PACIFIC GAS AND ELECTRIC COMPANY LAW DEPARTMENT, B30A PO BOX 7442 SAN FRANCISCO CA 94120 (415) 972-5365 mdbk@pge.com For: PG&E Willie Broach PACIFIC GAS AND ELECTRIC COMPANY 77 BEALE STREET SAN FRANCISCO CA 94105-1814 (415) 973-1273 wcb9@pge.com For: P.G&E Paul Fanelli PATTERSON FROZEN FOODS, INC. PO BOX 114 PATTERSON CA 95363 (209) 892-2611 226 paulf@inreach.com John Sweigard PATTERSON IRRIGATION DISTRICT PO BOX 685 PATTERSON CA 95363 (209) 892-6233 patwater@evansinet.com Michael S. Hindus Attorney At Law PILLSBURY WINTHROP LLP 50 FREMONT STREET SAN FRANCISCO CA 94105 (415) 983-1851 mhindus@pillsburywinthrop.com For: Turlock Irrigation District

Tyrone Buckley PLANNING & CONSERVATION LEAGUE 926 J STREET, SUITE 612 SACRAMENTO CA 95814 (916) 313-4538 tbuckley@pcl.org For: Planning & Conservation League Casey Hashimoto TURLOCK IRRIGATION DISTRICT 333 CANAL DRIVE TURLOCK CA 95380 (209) 883-8242 cjhashimoto@tid.org ********** STATE EMPLOYEE *********** Brewster Fong Office of Ratepayer Advocates RM. 4209 505 VAN NESS AVE San Francisco CA 94102 (415) 703-2187 bfs@cpuc.ca.gov Myra J Prestidge Administrative Law Judge Division RM. 5041 505 VAN NESS AVE San Francisco CA 94102 (415) 703-2629 tom@cpuc.ca.gov Maria E. Stevens Executive Division RM. 500 320 WEST 4TH STREET SUITE 500 Los Angeles CA 90013 (213) 576-7012 mer@cpuc.ca.gov Laura Lei Strain Energy Division AREA 4A 505 VAN NESS AVE San Francisco CA 94102 (415) 703-1677 lls@cpuc.ca.gov ********* INFORMATION ONLY **********

Reed V. Schmidt BARTLE WELLS ASSOCIATES 1889 ALCATRAZ AVENUE BERKELEY CA 94703 (510) 653-3399 rschmidt@bartlewells.com For: Laguna Irrigation District Scott Blaising Attorney At Law BRAUN & ASSOCIATES, P.C. 8980 MOONEY ROAD ELK GROVE CA 95624 (916) 682-9702 blaising@braunlegal.com Karen Mills CALIFORNIA FARM BUREAU FEDERATION 2300 RIVER PLAZA DRIVE SACRAMENTO CA 95833 (916) 561-5655 kmills@cfbf.com Karen Cann 3100 ZINFANDEL DRIVE, SUITE 600 RANCHO CORDOVA CA 95670-6026 (916) 631-4055 kcann@navigantconsulting.com Richard Mccann M.CUBED 2655 PORTAGE BAY ROAD, SUITE 3 DAVIS CA 95616 (530) 757-6363 rmccann@cal.net Christopher J. Mayer MODESTO IRRIGATION DISTRICT PO BOX 4060 MODESTO CA 95352-4060 (209) 526-7430 chrism@mid.org Hamid Kazerooni R.W. BECK, INC. 1851 HERITAGE LANE 200 SACRAMENTO CA 95815 (916) 614-8242 HKazerooni@RWBeck.com

(END OF APPENDIX B)

APPENDIX C

Exhibits and Motions to Strike

1. Each party sponsoring an exhibit should, in the hearing room, provide two copies to the ALJ and one to the court reporter, and have copies available for distribution to parties present in the hearing room. The upper right hand corner of the exhibit cover sheet should be blank for the ALJ's exhibit stamp. If there is not sufficient room in the upper right hand corner for an exhibit stamp, please prepare a cover sheet for the exhibit. Parties should pre-mark exhibits when feasible.

2. As a general rule, if a party intends to introduce an exhibit in the course of cross-examination, the party should provide a copy of the exhibit to the witness and the witness' counsel before the witness takes the stand on the day the exhibit is to be introduced. Generally, a party is not required to give the witness an advance copy of the document if it is to be used for purposes of impeachment or to obtain the witness' spontaneous reaction.

3. Generally, corrections to an exhibit should be made in advance and not orally from the witness stand. Corrections should be made in a timely manner by providing new exhibit pages on which corrections appear. The original text to be deleted should be lined out with the substitute or added text shown above or inserted. Each correction page should be marked with the word "revised" and the revision date.

4. Individual chapters of large, bound volumes of testimony may be marked with separate exhibit numbers, as convenient.

5. Partial documents or excerpts from documents must include a title page or first page from the source document; excerpts from lengthy documents should include a table of contents page covering the excerpted material.

6. Notices, compliance filings, or other documents may be marked as reference items. They need not be served on all parties. Items will be marked using letters, not numbers.

7. Motions to strike prepared testimony must be made at least two working days before the witness appears, to allow the ALJ time for review of the arguments and relevant testimony.

(END OF APPENDIX C)

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Scoping Memo and Ruling of Assigned Commissioner and Administrative Law Judge on all parties of record in this proceeding or their attorneys of record.

Dated April 17, 2002, at San Francisco, California.

/s/ KE HUANG

Ke Huang

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to ensure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074, TTY 1-866-836-7825 or (415) 703-5282 at least three working days in advance of the event.