6. Comments on Proposed Decision

On October 6, 2008, the proposed decision of the assigned Commissioner in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on October 23, 2008 by Pacific Gas and Electric Company (PG&E). No reply comments were filed. Consistent with our rules, we give no weight to comments which fail to focus on factual, legal or technical errors; fail to make specific references to the record; or merely reargue positions already stated. (Rule 14.3(c) of the Commission's Rules of Practice and Procedure.)

PG&E makes two recommendations, which we address here. First, PG&E recommends that we direct CPSD to provide service of citations not only by first-class mail but also by electronic mail. PG&E states that electronic mail is cost efficient, allows for the quickest service, saves resources, and allows distribution of the citation within the GAO's organization to occur quickly and without wasteful paper copies.

PG&E's comment essentially fails to focus on errors, reargues positions already taken by parties, and fails to make specific references to the record. It also apparently seeks to introduce new facts after the filing of the proposed decision. While we may agree with the advantages of electronic mail noted by PG&E, we also consider that regulated entities provide an address for service of formal documents by first-class mail. We do not place the extra requirement on CPSD to research and find an electronic mail address, and perform the extra service. We continue to encourage CPSD to use electronic mail, but do not make it a requirement.

Second, PG&E requests clarification of the 30-day timeline for the ALJ to issue an order "after the appeal is submitted." (§ 13.3.8.9.) If submission of the appeal is not the day that the Notice of Appeal is filed with the CPUC Director, PG&E asks for an estimate of the timeline for appeals, asserting that it otherwise appears to be an open timeline.

Consistent with Commission use of the term "submission" or "submitted," the 30-days begins when the record is complete (i.e., taking of evidence, the filing of briefs, presentation of oral argument, if any³⁵). While PG&E asks for an estimate of the timeline for appeals, we decline to make a specific estimate or set a strict schedule. The facts and law relative to each case will dictate that some matters may be resolved quickly, but others might be more complex and take more time. In general, we expect citation appeals to be fact-specific, with necessary consideration of only very limited facts. If true, we expect each appeal to be handled quickly.

³⁵ See, for example, Rule 13.14(a).