Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Jeffrey P. O'Donnell is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. The joint recommendation is unopposed.

2. The joint recommendation does not contravene any statute or Commission decision.

3. There is strong public policy favoring settlements to avoid costly and protracted litigation.

4. The parties who participated in the discussions that led to the joint recommendation, and who recommend it or do not oppose it, are fairly representative of a diverse range of affected interests.

5. The joint recommendation conveys to the Commission sufficient information to permit it to discharge its future regulatory obligations with respect to the parties and their interests.

Conclusions of Law

1. The joint recommendation is, in essence, a settlement.

2. Pursuant to Rule 51.1(e) of the Commission's Rules of Practice and Procedure, the Commission will not approve settlements or stipulations, whether contested or not, unless they are reasonable in light of the whole record, consistent with law, and in the public interest.

3. The joint recommendation is reasonable in light of the whole record, consistent with law, and in the public interest.

4. The joint recommendation should be adopted.

5. The decision should be effective immediately so that Phase 2 of the proceeding can be resolved in a timely manner.

INTERIM ORDER

IT IS ORDERED that the joint recommendation filed on November 20, 2003, is approved. The Phase 1 Handouts proposed for adoption in the joint recommendation, and adopted herein, are included as Attachments A and B to this decision.

This order is effective today.

Dated ________, at San Francisco, California.

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