III. CONCLUSION

TURN has failed to demonstrate that our interpretation of section 379.6(a)(1) conflicts with either the statute's plain language or the statutory intent. Therefore, the application for rehearing should be denied.

THEREFORE, IT IS ORDERED that:

1. Rehearing of D.09-12-047 is hereby denied.

2. Rulemaking 08-03-008 remains open.

This order is effective today.

Dated June 3, 2010, at San Francisco, California.

President

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