9. Ex Parte Communications

Pursuant to Rule 8.2(a) ex parte communications in this investigation are allowed without restriction or reporting requirement.

IT IS ORDERED that:

1. The Commission hereby institutes this Rulemaking pursuant to federal legislation as well as its own motion to initiate policy for California utilities to develop a smart grid system.

2. All electrical corporations are named as respondents and are parties to this proceeding pursuant to Rule 1.4(d) the Commission Rules of Practice and Procedure (Rules). Attachment B lists such entities as reflected in the Commission records. Any error or omission in Attachment B shall not excuse any electrical corporation from respondent status.

3. This proceeding is classified as quasi-legislative, as that term is defined in Rule 1.3(d). Parties shall file responses addressing the questions identified in this order and scope, schedule, and other procedural issues by February 9, 2009. Parties shall file replies to the responses by March 9, 2009.

4. The assigned Commissioner or Administrative Law Judge (ALJ) may adjust the schedule identified herein and refine the scope of this proceeding as needed.

5. The Executive Director shall cause this Order Instituting Rulemaking (OIR) to be served on the Respondents, all load serving entities listed in the Commission's official records, the California Energy Commission, the California Independent System Operator, and the service lists for Rulemaking (R.) 07-01-041 (Demand Response), R.06-04-010 (Energy Efficiency), R.08-02-007 (Procurement Rulemaking), R.05-12-013 (Long Term Resource Adequacy Rulemaking), R.08-04-012 (Planning Reserve Margin Rulemaking) and Application 08-07-021 et al. (Energy Efficiency Program Plans).

6. The temporary service list, which includes the entities referenced in Ordering Paragraph 5, is appended as Attachment C to this OIR and shall be used for service of all pleadings until a service list for this proceeding is established. A service list for this proceeding shall be created by the Commission's Process Office and posted on the Commission's Website (www.cpuc.ca.gov) as soon as it is practicable after the first prehearing conference. Parties may also obtain the service list by contacting the Process Office at (415) 703-2021.

7. Parties serving documents in this proceeding shall comply with Rule 1.10 regarding electronic service. Any documents served on the assigned Commissioner and ALJ shall be both by e-mail and by delivery or mailing a paper format copy of the document.

8. All respondents shall be parties to this proceeding. Entities other than respondents shall comply with Rules 1.4(a) and Rule 1.4(b) to become parties in this proceeding.

9. A party that expects to request intervenor compensation for its participation in this rulemaking shall file its notice of intent to claim intervenor compensation in accordance with Rule 17.1 of the Rules.

10. Ex parte communications in this investigation are governed by Rule 8.2(a).

This order is effective today.

Dated December 18, 2008, at San Francisco, California.

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