1. Complainant's Response

On January 22, 2001, Pacific Bell Telephone Company (Pacific Bell) filed and served its answer to the complaint. In the answer, defendant alleged that the complaint was barred by a 1998 settlement agreement. The answer also stated nine affirmative defenses.

On January 25, 2001, I issued a ruling directing complainant to file and serve a response to defendant's answer no later than February 23, 2001. Along with the Public Advisor's office, I received an electronic mail message dated February 23, 2001, at 6:17 p.m. A copy of the message is attached to this ruling. The message also states that an original document will be mailed.

Among the things stated in the message is a request that the prehearing conference and hearings be delayed until September 2001. Complainant states that she is out of the country and has experienced both a death and an illness in her family.

Adjudicatory proceedings, such as this, must be resolved by the Commission within 12 months of filing. (See Pub. Util. Code § 1701.2(d).) Here, the complaint was filed on December 5, 2000, thus requiring completion by December 5, 2001. Delaying the prehearing conference until September will not allow sufficient time for prepared written testimony, hearings, briefs, a presiding officer's decision, possible appeals, and a final Commission decision by the end of the allowed time period. Accordingly, the request for delay is denied.

If the complainant is unable to proceed with this complaint at this time, the complainant should withdraw the complaint.

Should the complainant elect to pursue this complaint, complainant must properly file and serve her response to the January 25, 2001 Administrative Law Judge's ruling no later than March 12, 2001. Pacific Bell may file and serve a reply to the response on or before March 23, 2001.