Word Document

STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

June 7, 2001

TO: PARTIES OF RECORD IN RULEMAKING 98-07-037

This is the draft decision of Commissioner Loretta Lynch. It will be on the Commission's meeting on June 14, 2001. The Commission may act then, or it may postpone action until later.

When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Please note that this decision was previously e-mailed to parties and parties were not provided an opportunity to comment. We now provide an opportunity for review and comment.

Rule 77.7(f)(9) provides for reduction or waiver of the 30-day period for public review and comment when public necessity requires such reduction. We must balance whether the public necessity of adopting an order outweighs the public interest in having the full 30-day review and comment period. We would appreciate parties' comments, but are convinced that this draft decision falls under Rule 77.7(f)(9), and for that reason, we reduce the comment period on the draft decision. Comments are due on June 12. In their comments, parties should: 1) identify whether they believe evidentiary hearings are necessary, 2) identify the exact alleged material disputed fact and how it is relevant, 3) state the evidence that would be offered at the evidentiary hearing, and 4) request such hearings in their comments. There will be no reply comments.

In addition to service by mail, parties should send comments in electronic form to those appearances and the state service list that provided an electronic mail address to the Commission, including ALJ Gottstein at meg@cpuc.ca.gov. Finally, comments must be served separately on the Assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious methods of service.

/s/ LYNN T. CAREW (by ANG)

Lynn T. Carew, Chief

Administrative Law Judge

LTC:eap

Attachments

COM/LYN/eap DRAFT H-15

Decision DRAFT DECISION OF COMMISSIONER LYNCH
(Mailed 6/7/2001)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's Proposed Policies and Programs Governing Energy Efficiency, Low-Income Assistance, Renewable Energy and Research Development and Demonstration.

Rulemaking 98-07-037

(Filed July 23, 1998)

INTERIM OPINION

1. Summary

This decision addresses recovery of costs adopted in Decision (D.) 01-03-073. We modify D.01-03-073 to establish a balancing account rather than a memorandum account to provide recovery of the costs incurred to implement our decision.

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