Procedural History

The complaint was filed on June 2, 1993, and defendant PG&E filed a timely answer. At that time, the amount of disputed charges was $163,063.56, but additional use-or-pay charges accrued after the initial complaint was filed. During a telephone prehearing conference (PHC) held on September 9, 1994, NARCO requested leave to amend the complaint to reflect the total disputed amount. PG&E did not contest NARCO's request, and the request was granted. The amended complaint was filed September 23, 1994, bringing the total amount in dispute to $296,201.49.

An evidentiary hearing was held on September 11, 1995. Opening briefs were filed on January 5, 1996, and reply briefs were filed on January 25, 1996. The proceeding was submitted on January 25, 1996.