VIII. Comments on Proposed Decision

The proposed decision of President Michael R. Peevey on this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and Rule 14.6(c)(9) of the Public Utilities Commission Rules of Practice and Procedure, with a reduction in the 30-day period for public review and comment.

Parties filed comments by August 24, 2007 and reply comments by August 30, 2007. Public necessity required that the comment period be reduced so that the Public Utilities Commission and the Energy Commission can provide recommendations to ARB by mid-September, 2007 and so that ARB may consider these recommendations as it prepares its draft regulations for publication in mid-October. AB 32 requires that ARB adopt reporting regulations on or before January 1, 2008. We find that the need for timely recommendations to ARB, when balanced against the need for comments, warrants the reduced comment period. We note further that, through this decision and comparable action anticipated by the Energy Commission, the two Commissions propose rules to ARB, which ARB may refine further if it is persuaded through its public process that changes are warranted.

We have made corrections and clarifications in the proposed decision in response to comments, as well as substantive changes on selected issues, as we describe in today's decision.