3.3 Public Necessity

In D.99-11-052 and in two of the alternates preceding that decision, we put forward, as an additional category of decision for which the Commission might waive or reduce the public review and comment period, those decisions where "public necessity" (as defined in the proposed rule, Rule 77.7(f)(9)) compels the Commission to take action before the full 30-day period has elapsed. TURN, PG&E, and Sempra (the two latter parties commenting jointly) were the only commenters that addressed this proposal. They support it in concept, but TURN urges us not to waive public review and comment entirely.

We appreciate that some public review and comment is preferable to none, and we note that the proposed rule says the Commission "will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver." However, we believe we must retain the ability to waive public review and comment where "public necessity" dictates. We will adopt Rule 77.7(f)(9) as proposed in D.99-11-052.