4. The Record
CPSD and SDG&E assert that, after extensive discovery, they submitted prepared written testimony that sets forth a thorough record of the Witch, Rice, and Guejito proceedings. They attached a list of exhibits as an appendix to the CPSD-SDG&E Settlement Agreement.
CPSD's testimony in the proceedings consists of the documents referenced in the appendix of the CPSD-SDG&E Settlement Agreement. With respect to the Witch fire, the CPSD report and testimony alleged that SDG&E is in violation of California Public Utilities Commission (Commission) requirements because it failed to design, construct, and maintain the affected lines and conductors in accordance with General Order 95, and failed to maintain the clearances between conductors also required by General Order 95. With respect to the Rice fire, the CPSD report and testimony alleged failures of SDG&E's vegetation management practices9 in violation of General Order 95. With respect to the Guejito fire, CPSD alleged that both SDG&E and Cox failed to maintain proper clearances in violation of Public Utilities Code § 451 and General Order 95. Finally, with respect to all three fires, CPSD also alleged failures to adequately cooperate with its investigations.
The appendix of the CPSD-SDG&E Settlement Agreement also references the documents comprising SDG&E's testimony in the proceedings. Regarding the Witch fire, SDG&E alleged that its facilities and practices were in compliance with General Order 95. Regarding the Rice fire, SDG&E alleged that its vegetation management practices were in compliance with General Order 95 and Public Resources Code § 4293. Regarding the Guejito fire, SDG&E alleged that it maintained proper clearances, consistent with Public Utilities Code § 451 and General Order 95. SDG&E also alleged that it cooperated with CPSD's investigation of all three fires.
In the Agreement, CPSD and SDG&E have stipulated to enter all of their prepared testimony into the record solely to form the basis of factual support for the CPSD-SDG&E Settlement Agreement.
CPSD and Cox assert that they have engaged in extensive discovery, and have both prepared and served lengthy testimony and supporting exhibits in substantiation of their litigation positions. CPSD and Cox have identified this testimony in the appendix to the CPSD-Cox Settlement Agreement, and request that this testimony be included in the proceeding record for the limited purpose of providing a basis for considering whether the CPSD-Cox Settlement satisfies the requirements of Rule 12.1 of the Commission's Rules of Practice and Procedure (Rules).
In order to fully substantiate the extensive records in I.08-11-006 and I.08-11-007, we marked for identification 27 exhibits of testimony and supporting documentation.10 With today's decision, we receive the 27 exhibits into the formal records of these proceedings.11
9 Tree trimming.
10 Attachment III to this decision lists the exhibit numbers, sponsoring parties, descriptions, and the dates the exhibits were identified and included in the formal record.
11 Exhibits 1-WR through 6-WR become part of the formal record of the Witch/Rice Fire Investigation, I.08-11-006, and Exhibits 1-G through 21-G become part of the formal record of the Guejito Fire Investigation, I.08-11-007.
