Procedural Background

On September 16, 1999, St. Helena filed this petition for modification of Decision (D.) 96-06-060 and D.96-11-024, both of which issued in 1996. (See D.96-06-060, (1996) 66 CPUC2d 602, as modified by D.96-11-024, (1996) 69 CPUC2d 243.) The earlier decision, D.96-06-060, approved the Wine Train's project subject to specified conditions and limitations and subject to a Mitigation Implementation Program/Implementation Schedule. D.96-11-024 denied rehearing but modified D.96-06-060 in certain respects.

St. Helena's petition has reopened Case (C.)88-03-016. St. Helena commenced that proceeding more than a decade ago, together with three other named complainants who are not parties to the instant petition. On October 18, 1999 Wine Train filed a response to St. Helena's petition.

By ruling dated December 24, 1999, the assigned administrative law judge (ALJ) set a prehearing conference (PHC) and directed the parties to meet and confer beforehand in order to be prepared to address informally several legal and factual matters enumerated in the ruling. At the January 11, 2000 PHC, both parties stated they needed to conduct discovery before they could respond fully to the questions in the ruling. They requested additional time, which was granted, and stated that they anticipated that ultimately they would be able to file a joint factual stipulation, followed by legal briefs. As a case management tool, the assigned commissioner issued a scoping memo following the PHC, though this reopened proceeding is not governed by the procedural requirements enacted by Senate Bill 960.¹

Subsequently, the parties made the following filings: a stipulation of facts (Stipulated Facts) on July 6, 2000; concurrent opening briefs on July 28; and concurrent reply briefs on August 31. The Stipulated Facts and St. Helena's opening brief were both refiled on December 7, 2000 in order to supply appendices discussed in the original filings but inadvertently omitted from them.

Neither party has requested an evidentiary hearing and both have urged the Commission to resolve this dispute based on the written record.