5. Motions

Since PG&E filed the application for Tesla, there have been numerous motions filed in this proceeding as well as a pending interlocutory appeal. Many motions were addressed in the September 15, 2008 ACR, including IEP's Motion for an Investigation of the Hybrid Market which was denied. IEP has since filed a Motion for Reconsideration of the ruling in the ACR. The Motion for Reconsideration is denied for the same reasons set forth in the ACR. With the Commission's approval of the Proposed Decision (PD) granting the Motion to Dismiss, this proceeding will be closed. This proceeding, an application filed by one utility regarding a specific generating facility, Tesla, is not the appropriate forum for an investigation into the hybrid market that would impact all three IOUs as well as numerous other parties not litigating the Tesla facility.

Any other outstanding motions in this proceeding not already addressed by a specific ruling are deemed denied.