Grau Agenda Dec. OII and Order to Show Cause Directed to So. Ca Edison, its officers and employees for their failure to comply with D0106039

Ex Parte Communications

This proceeding is subject to Rule 7, which specifies standards for engaging in ex parte communications and the reporting of such communications. Pursuant to Rule 7(a)(3) and 7(b), ex parte communications are prohibited.

Therefore, IT IS ORDERED that:

1. For good cause shown, an Order Instituting Investigation (OII) and a related Order to Show Cause (OSC) are instituted on the Commission's own motion to investigate non-compliance with a Commission decision and to permit Southern California Edison Company (Edison) and the responsible officers and employees to show cause whether or not they should be held in contempt and should be subject to the penalties provided for in the Public Utilities Code for their failure to comply with Decision 01-06-039. Furthermore, the Commission shall determine whether a request should be made of the responsible authorities to initiate criminal proceedings for a violation of Public Utilities Code § 2110.

2. Edison and its officers and employees responsible for deciding that Edison would not tender its Notice of Intent (NOI) for Test Year 2003 on September 13, 2001, shall be made respondents to this OII and related OSC and shall appear on December 19, 2001 at 10:00 a.m., and every day thereafter until the hearing is concluded, at the State Office Building, 505 Van Ness Avenue, San Francisco.

3. The Executive Director shall cause this OII and related OSC to be served on Edison and its attorney, and on the service list in Application 93-12-025 and Investigation 94-02-002.

4. Edison is directed to file and serve with the Commission on or before December 14, 2001, a list of all its officers and employees who decided that Edison would not tender its NOI for Test Year 2003 with the Commission on September 13, 2001.

5. The Commission staff shall appear at the hearing on the OSC to cross-examine Edison's witnesses, as necessary.

6. The category of this OII and related OSC is determined to be adjudicatory.

7. Any person who objects to the categorization of this OII and related OSC shall file an appeal pursuant to Rule 6.4 of the Commission's Rules of Practice and Procedure.

This order is effective today.

Dated , at San Francisco, California.