6. Comments on the Proposed Decision

The proposed decision of the assigned Commissioner was issued for comment pursuant to § 1708.5(a)(2) and Rule 14.3. Section 1708.5(a)(2) allows for an extension of the six-month period to act on SDG&E's Petition in order to provide an opportunity for public review and comment of the proposed order. Comments were filed on May 19, 2008, by CCTA, CPSD, and SDG&E. Reply comments were filed on May 27, 2008, by CPSD, SCE, and SDG&E. CCTA and CPSD support the proposed decision, while SDG&E does not. SCE supports the proposed decision in part and opposes it in part. The final decision adopted by the Commission has been revised, as appropriate, to reflect these comments.

In its comments, SDG&E suggests that the Commission open a rulemaking proceeding and then hold the proceeding in abeyance until CPSD's report is completed or July 31, 2008, whichever comes first. SCE supports SDG&E's suggestion. For the reasons stated previously in today's decision, we conclude that the better course of action is to wait for CPSD's report so that we may address the wildfire hazards of overhead electric lines in an efficient, deliberate and informed manner.

SDG&E's comments also urge the Commission to open a rulemaking immediately so the Commission may adopt measures in time to reduce wildfire hazards during the 2008 fire season. While we appreciate and share SDG&E's eagerness to protect the public, SDG&E has not always envisioned a swift proceeding. Elsewhere in its comments, SDG&E acknowledges that "the process that SDG&E outlined...for structuring the OIR envisioned a fairly lengthy proceeding to ensure a thorough review of the proposals and issues that are raised in the OIR.¹⁰" Regardless of SDG&E's shifting positions, we intend to proceed with all due speed in formulating an appropriate response to the recent wildfires after CPSD's and Cal Fire's investigations are complete and the role of overhead electric lines in causing wildfires is better understood.

Finally, SDG&E observes in its comments that Rule 6.3(f) states "The Commission will not entertain a petition for rulemaking on an issue that the Commission has acted on or decided not to act on within the preceding 12 months." SDG&E is concerned that this not prohibit SDG&E or other parties from reinstating a request for a rulemaking if, after receipt of the CPSD report, less than one year as elapsed. Today's decision denies SDG&E's Petition without prejudice. We expect that once CPSD's report has been submitted, requests for a rulemaking, either internally generated at the Commission or by a petition for rulemaking, would be appropriate to consider.

¹⁰ SDG&E's comments, p. 4. Emphasis added.