8. Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and David K. Fukutome is the assigned ALJ in this proceeding.

1. In D.08-07-045, the Commission provided a timetable for implementing dynamic pricing for each customer class.

2. By the provisions of D.08-07-045, the Commission could decide to adopt different dynamic pricing rates or a different dynamic pricing timetable based on the information presented to the Commission at the time, and in the proceedings in which, the Commission considers PG&E's specific rate proposals.

3. PG&E is proposing specific CPP/PDP rates, and the Commission will be considering those rates, in A.09-02-022.

4. Addressing substantive issues raised by the Petition and responses at this time would necessitate the use of potentially incomplete information that is not tested by cross-examination.

5. Addressing proposed timetable changes in A.09-02-022 will allow parties to raise related issues in direct testimony, parties to respond in rebuttal testimony, and parties to test the evidence through cross examination in evidentiary hearings.

6. The appropriate means for determining whether or not A.09-02-022 should be bifurcated is through the Scoping Memo in A.09-02-022.

7. The Scoping Memo in A.09-02-022 has already been issued, and DRA's proposal to bifurcate the proceeding was not adopted.

1. The appropriate effective date for default critical peak pricing rates for small and medium C&I customers should be determined in A.09-02-022.

2. Petitioners request for the Commission to modify the D.08-07-045 timetable for implementing dynamic pricing, to change the effective date for default critical peak pricing rates for small and medium C&I customers, should be denied without prejudice to the determination of such appropriate date in A.09-02-022.

3. Petitioners request for the Commission to bifurcate A.09-02-022 is moot and should be denied.

ORDER

IT IS ORDERED that:

1. The April 3, 2009 Petition for Modification of Decision 08-07-045, filed by the Division of Ratepayer Advocates, the California Small Business Association and California Small Business Roundtable, is denied. Denial is without prejudice to the determination of the appropriate effective date for default critical peak pricing rates for small and medium commercial and industrial customers in Application 09-02-022.

2. This Application remains open to consider the May 12, 2009 Petition of Pacific Gas and Electric Company and California City-County Street Light Association for Modification of Decision 07-09-004 and Decision 07-12-036.

This order is effective today.

Dated July 9, 2009, at San Francisco, California.

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