7. Assignment of the Proceeding

Timothy Alan Simon is the assigned Commissioner for P.07-11-007 and Timothy Kenney is the assigned ALJ.

Findings of Fact

1. SDG&E filed a petition pursuant to § 1708.5 to institute a rulemaking to consider (i) new regulations to reduce the wildfire hazards of overhead electric lines, (ii) ways to better coordinate the efforts of governmental bodies and utilities in disaster preparedness, response, and recovery, and (iii) whether to adopt and fund a statewide disaster management plant.

2. CPSD and Cal Fire are currently investigating the role of IOUs' overhead electric lines in the October 2007 wildfires. The results of these investigations will likely be very useful in formulating an appropriate response to the October 2007 wildfires, including the determination of what measures should be adopted to reduce the wildfire hazards of overhead electric lines.

3. SDG&E's Petition did not include the specific text for any new or revised regulations as required by Rule 6.3(b).

4. OES is responsible for (i) ensuring the State's readiness to respond to and recover from natural disasters, and (ii) assisting local governments in their emergency preparedness, response, and recovery efforts. No party has identified any problems with OES's performance. It would be an unproductive use of the Commission's resources to delve into statewide disaster planning and management under these circumstances.

Conclusions of Law

1. P.07-11-007 should be denied without prejudice because: (i) SDG&E's Petition does not comply with Rule 6.3(b); (ii) the proposed rulemaking is premature because CPSD has not yet completed its investigation of the October 2007 wildfires; and (iii) there is no need at this time for the Commission to delve into statewide disaster planning and management as proposed in the Petition.

2. CPSD should submit to the Executive Director and file and serve a report containing its findings and conclusions regarding the role of the IOUs' overhead electric lines in the October 2007 wildfires. The report should also (i) address the results of Cal Fire's separate investigation of the October 2007 wildfires, and (ii) provide recommendations for preventing a recurrence of future wildfires from the same causes identified in CPSD's report.

3. The IOUs should cooperate fully and promptly with CPSD's investigation.

4. The following order should be effective immediately.

ORDER

IT IS ORDERED that:

1. Petition (P.) 07-11-007 filed by San Diego Gas & Electric Company is denied without prejudice.

2. The Commission's Consumer Protection and Safety Division (CPSD) shall submit to the Executive Director and file and serve by July 31, 2008, a comprehensive report of its investigation of the causes of the October 2007 wildfires that were ignited by overhead electric lines of investor-owned utilities (IOUs). The report shall describe CPSD's investigation, explain the cause of each wildfire investigated, and provide recommendations for preventing a recurrence of future wildfires from the same causes identified in CPSD's report.

3. IOUs shall cooperate fully and promptly with CPSD's investigation.

4. P.07-11-007 is closed.

This order is effective today.

Dated May 29, 2008, at San Francisco, California.

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