Assignment of Proceeding

Carl W. Wood is the Assigned Commissioner. Burton W. Mattson is the assigned ALJ regarding this portion of the proceeding.

Findings of Fact

1. On October 14, 2003, Sempra Energy filed and served a motion and no responses have been received.

2. On December 9, 2003, Sempra Energy filed comments on a draft decision in which Sempra Energy recommends deleting a phrase regarding whether or not Sempra Energy owns, controls, operates or manages an electric plant for compensation either directly or indirectly through subsidiaries, affiliates or related entities.

3. The obligation or burden, if any, placed on an entity by being named a respondent is minimal and not unreasonable.

4. Sempra Energy does not seek exclusion from respondent status based on its owning, controlling, operating or managing specifically excluded facilities (e.g., nuclear powerplants, qualifying facilities).

5. Sempra Energy owns, controls, operates or manages subsidiaries or affiliates that in turn own, control, operate or manage electric plant for compensation within California or located in California.

Conclusions of Law

1. The motion of Sempra Energy dated October 14, 2003 should be denied.

2. This order should be effective immediately in order to clarify respondent status and the service list without delay.

ORDER

IT IS ORDERED that the October 14, 2003 motion of Sempra Energy to be removed as a respondent is denied. The proceeding remains open.

This order is effective today.

Dated _____________________, at San Francisco, California.

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