77.6. (Rule 77.6) Review of and Comment on Alternates.
(a) For purposes of this rule, "alternate" means a substantive revision by a Commissioner to a proposed decision not prepared by that Commissioner, which revision either:
(1) materially changes the resolution of a contested issue, or
(2) makes any substantive addition to the findings of fact, conclusions of law, or ordering paragraphs.
(b) An alternate will be filed and served on all parties to the proceeding and, except as provided in subsection (f) of this rule, will be subject to public review and comment before the Commission may vote on it. The date of the Commission meeting when the alternate is first scheduled to be considered will be indicated on the first page of the alternate.
(c) If the alternate is served with the proposed decision, or if the alternate is served at least 30 days before the Commission meeting at which the proposed decision is scheduled to be considered, the provisions of Rules 77.1 through 77.5 concerning comments on the proposed decision will also apply to comments on the alternate. The page limits of Rule 77.3 apply separately to comments on the proposed decision and to comments on the alternate.
(d) If the alternate is served less than 30 days, but at least 14 days, before the Commission meeting at which the proposed decision is scheduled to be considered, parties may file comments on the alternate at least seven days before the Commission meeting. The provisions of Rules 77.3, 77.4, and 77.5 on comments on proposed decisions and replies to comments will also apply to comments on alternates and corresponding replies. Comments and replies must comply with Rules 2, 2.1, 2.2, and 2.5. Comments and replies must be served on all parties in compliance with Rule 2.3, and must be separately served on the assigned Administrative Law Judge and all Commissioners.
(e) If service of the alternate occurs less than 14 days before the Commission meeting at which the proposed decision is scheduled to be considered, consideration of the proposed decision and the alternate will be rescheduled to a later Commission meeting. Comments on the alternate will be governed by either subsection (d) or subsection (e) of this rule, depending on the time between the date the alternate is served and the date of the rescheduled consideration of the proposed decision and alternate.
(f) The assigned Commissioner or Administrative Law Judge may waive or reduce the comment period on alternates in an unforeseen emergency situation (Rule 81), may reduce but not waive the comment period in any of the circumstances described in Rule 77.7(f)(1)-(9), and may extend the comment period in appropriate circumstances. The parties to a proceeding may waive or reduce the comment period on an alternate issued in that proceeding if all of the parties so stipulate.
Note: Authority cited: Section 1701, Public Utilities Code. Reference cited: Section 311(e), Public Utilities Code.
