3. Rule 47
Rule 47 of the Commission's Rules of Practice and Procedure governs the filing of a petition for modification.1 While WMA's petition does not specifically mention Rule 47, the Commission's Docket Office accepted that pleading for filing under the Rule, as well as the supplement to the petition and GSMOL's response. GSMOL challenges the petition for failure to comply with Rule 47(b), which requires the petitioner to "propose specific wording to carry out all the requested modifications to the decision". Neither the petition nor the supplement does so, though both clearly explain what WMA seeks and why.
While we could dismiss the petition for this technical noncompliance with Rule 47, we decline to do so. As GSMOL recognizes, we have discretion to construe our Rules liberally. Rule 87, in pertinent part, expressly permits liberal construction "to secure just, speedy and inexpensive determination of the issues presented". From time to time, when we have determined that the public interest warranted it, we have entertained other petitions for modification which, though they lacked specific, proposed wording, were sufficiently clear to permit us to consider them on the merits. (See for example, Re: Southern California Gas Company, D.01-02-076, slip op.; 2000 Cal. PUC LEXIS 353.) WMA has met all other technical requirements of Rule 47. We believe that WMA's request for clarification of our decision in I.98-12-012, a proceeding with policy implications for all CPUC-regulated water utilities, should be considered on the merits, so that our decision may be applied in utility-specific ratesetting or adjudicatory proceedings, as necessary.
Section 1708 permits the Commission to modify a prior decision after affording due process to the parties, including notice and opportunity to be heard. Neither party has requested a hearing. As we discuss in greater detail below, the pleadings filed by both parties provide a sufficient record for decision. The sole, additional factual finding we make is on an undisputed issue. In all other regards, we decide the legal and policy issues raised based upon the pleadings and review of D.01-05-058.
1 Unless otherwise indicated, all subsequent citations to rules refer to the Rules of Practice and Procedure, which are codified at Chapter 1, Division 1 of Title 20 of the California Code of Regulation, and citations to sections refer to the Public Utilities Code.
