VI. Public Review and Comment

Pursuant to Rule 77.7(f)(9) of the Commission's Rules of Practice and Procedure, the 30-day period for public review and comment may be reduced or waived if public necessity for action outweighs the public interest in providing for the 30-day period for public review and comment. If the California gas and electric utilities are not ordered to subscribe to the turned back capacity before July 31, 2002, when the EOC customers must determine their needs on the El Paso pipeline, California could permanently lose up to 725 MMcf/d of El Paso capacity, putting California customers at risk for gas and electric power shortages and unreasonably high prices. In addition, the parties were provided with an opportunity to comment on the proposed rules set forth in the rulemaking. Because the turned back capacity may only be available for subscription through July 31, 2002, we determine that the public interest in adopting a decision without review and comment on the decision clearly outweighs the public interest in having the full 30-day period for public review and comment.