III. Response of the Coalition of California Utility Employees

On December 11, 2000, the Coalition of California Utility Employees (CCUE) filed a response to Sempra's petition accompanied by a request for leave to file a late response.

We first consider CCUE's motion for leave to file a late response. Construing Sempra's request as a petition for modification, as we do in this decision, CCUE's response was due 30 days after Sempra filed its petition, or October 13, 2000. CCUE did not file its response until December 11, 2000. CCUE's motion states that it had anticipated that other parties would protest Sempra's filing and that it now realizes no other party had opposed Sempra's request. CCUE states that it is concerned that, without any registered opposition, the Commission might grant Sempra's request on a summary basis. Sempra also contends that no party will be prejudiced by granting Sempra's motion since no proceedings have been initiated. In reply, Sempra states that it takes no position on CCUE's motion, though it believes that CCUE's justification for the motion is weak.

We would ordinarily not grant leave to file a response to a petition for modification filed almost two months after the due date. However, in this case, CCUE is correct that its late filing has not had the effect of delaying the proceeding. In addition, in the absence of any other responses to Sempra's petition, we find it appropriate to allow the record to reflect the concerns of one party regarding Sempra's request. CCUE's motion is granted.

CCUE believes that the Commission should not grant Sempra's request without further examination. CCUE argues that Sempra's proposal extends beyond the scope of the authority granted in the original merger decision. CCUE contends that neither the Commission nor the parties focused their analysis under Pub. Util. Code § 854 on an integration to the degree proposed in Sempra's petition. CCUE suggests that the Commission not authorize the proposed reorganization without further analysis of the proposal under the Section 854 requirements, including sharing of benefits with ratepayers, effects on competition, and effects on employees. CCUE opposes Sempra's request to terminate the merger decision's "no merger layoff" guarantee.