III. SoCalGas October 30, 2003 Motion to Strike

In its motion, SoCalGas moves to strike the entirety of the rebuttal testimony of Andrew Safir on behalf of Marathon Oil Company (Marathon) served on October 29, 2003. SoCalGas moves to strike the testimony of Safir on the ground that the testimony is not "rebuttal" to either the direct testimony or intervenor testimony.

I have reviewed the testimony of Marathon and agree with SoCalGas that it is not rebuttal testimony or within the scope of this proceeding and should thus be excluded. The October 30, 2003 motion of SoCalGas to strike the October 29 testimony of Marathon should be granted.

IT IS RULED that:

1. The October 20, 2003 motion of Southern California Company (SoCalGas) and the October 16, 2003 joint motion of El Paso Natural Gas Company and Mohave Pipeline Company to strike the testimony of Kern River Gas Transmission Company (Kern) are granted.

2. The October 20, 2003 motion of SoCalGas to strike the testimony of William E. Nicas on behalf of ExxonMobil Gas and Power Marketing Company is denied.

3. The October 20, 2003 motion of SoCalGas to strike the testimony of Amy Gold on behalf of Coral Energy Resources L.P. (Coral) at page 2, line 13; page 8, lines 12-13; page 4, lines 5-13; and page 6, lines 5-7 is denied.

4. The October 20, 2003 motion of SoCalGas to strike the testimony of Amy Gold on behalf of Coral at page 8, line 13 to page 9, line 15, is granted.

5. The October 20, 2003 motion of SoCalGas to strike the testimony of Michael S. Alexander on behalf of Southern California Edison Company at page 5, lines 12-15; page 5, line 17 to page 6, line 3; and page 17, lines 9-14 is denied.

6. The October 20, 2003 motion of SoCalGas to strike the testimony of Jean Marie Zaiontz on behalf of Indicated Producers is denied.

7. The October 30, 2003 motion of SoCalGas to strike the testimony of Marathon Oil Company is granted.

Dated November 3, 2003, at San Francisco, California.

   

/s/ JOSEPH R. DEULLOA

   

Joseph R. DeUlloa Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling Denying in Part Motions to Strike on all parties of record in this proceeding or their attorneys of record. In addition, service was also performed by electronic mail.

Dated November 3, 2003, at San Francisco, California.

/s/ FANNIE SID

Fannie Sid

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 insure 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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