II. Background

On January 6, 2000, the California Public Utilities Commission (CPUC/Commission) issued an Order Instituting Rulemaking (OIR), Rulemaking (R.) 00-01-005, to look into the implementation of Assembly Bill (AB) 1149, (Aroner) (Stats. 1999, Ch. 844).³ This legislation requires the Commission to study ways to amend, revise, and improve the rules for the conversion of existing overhead electric and communications lines to underground service and to submit a report to the Legislature by January 1, 2001. While the Commission has yet to submit that report, Commissioner Duque, the Assigned Commissioner herein, submitted his own report to the Legislature in April 2001.