III. SUMMARY OF THE CPSD REPORT (GUEJITO)

The CPSD Report contained a description of CPSD's investigation and recommendations. Specifically, in the CPSD Report, CPSD alleged that on October 22, 2007, a Cox lashing wire contacted SDG&E's 12 kV conductor between SDG&E poles P196387 and P196394. The CPSD Report also referenced the Cal Fire Report, dated July 9, 2008, which indicated that the Guejito Fire started when energized power lines and the Cox lashing wire came in contact with each other.

CPSD alleged that Cox was in violation of CPUC General Order (GO) 95, Rule 31.1 and Rule 31.2 at the time of the incident. CPSD also alleged that SDG&E failed to fully cooperate with CPSD's investigation. The CPSD Report recommended that the Commission issue an Order Instituting Investigation (OII) into this matter in order to examine the alleged violations, along with a separate Order Instituting Rulemaking (OIR) to examine whether or not GO 165 requirements or similar maintenance and inspection requirements should be applied to all Communications Infrastructure Providers utilizing electric utility poles.

The CPSD Report described interviews, documents and inspections of physical evidence, which CPSD believes support the claim that Cox was in violation of GO 95. For instance, CPSD referred to a data response in which Cox stated that it had not re-inspected the lashing wire in question between the date of the initial installation of the lashing wire (in 2001) and October 22, 2007. CPSD also indicated that it had found other locations where Cox lashing wires, as well as lashing wires owned by other communication infrastructure providers, were broken. The CPSD Report also stated that SDG&E had indicated its belief that a broken communications lashing wire had made contact with SDG&E's 12 kV south phase overhead conductor on October 22, 2007.

The CPSD Report further documented certain interactions between CPSD staff and SDG&E employees which CPSD believes support the claim that SDG&E failed to fully cooperate with CPSD, as required by law.