8. Assignment of Proceeding

Michael R. Peevey is the assigned Commissioner and Carol A. Brown and Timothy J. Sullivan are the assigned ALJs in this proceeding.

Finding of Fact

The Application of PG&E fails to demonstrate that an RFO for additional power is infeasible.

Conclusions of Law

1. The Application of PG&E for Expedited Approval of the Tesla Generating Station and Issuance of a CPCN does not meet the UOG exceptions of D.07-12-052.

2. It is reasonable to grant the WPTF/AReM and IEP Motions to Dismiss.

ORDER

IT IS ORDERED that:

1. The motions of Western Power Trading Forum, the Alliance for Retail Energy Markets, and the Independent Energy Producers Association to dismiss Pacific Gas and Electric Company's Application for Expedited Approval of the Tesla Generating Station and Issuance of a Certificate of Public Convenience and Necessity are granted.

2. Application 08-07-018 is closed.

This order is effective today.

Dated November 6, 2008, at San Francisco, California.

MICHAEL R. PEEVEY

President

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

TIMOTHY ALAN SIMON

Commissioners