OII and Scope of Proceeding

Based on good cause as shown in the background section above, and as described below, this OII shall be opened to investigate the actions of Edison and its officers and employees for non-compliance with D.01-06-039. This OSC shall issue to permit Edison, its officers and employees to show cause whether or not they should be held in contempt for their failure to comply with D.01-06-039. This OII and related OSC are issued subject to the authority granted to the Commission under Public Utilities Code §§ 702, 2101, 2109, 2110, and 2113. Edison and its officers and employees responsible for failing to comply with D.01-06-039 shall be made respondents to this OII and the related OSC.

The above-referenced code provisions require compliance with Commission orders, decisions, directions or rules and permit the Commission to punish by contempt for failure to comply with any part of a Commission order, decision, rule, regulation, direction, demand, or requirement. Further, the Commission may request the appropriate authorities to file criminal charges for such failure to comply.

This OII and related OSC shall also determine whether Edison and its officers and employees should be subject to the penalties provided for in Public Utilities Code §§ 2107, 2108, and 2113. Public Utilities Code § 2107 provides for a penalty of not less than $500, nor more than $20,000 for each offense. Public Utilities Code § 2108 provides that:

"Every violation of the provisions of this part or of any part of any order, decision, decree, rule, direction, demand, or requirement of the commission, by any corporation or person is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be a separate and distinct offense."

Public Utilities Code § 2113 provides that the Commission may punish for contempt "in the same manner and to the same extent as contempt is punished by courts of record."

Edison's proposal to submit its NOI by December 17, 2001, and voluntarily paying a penalty for failing to comply with the Commission's decision appear to reasonably resolve the matters described herein. However, to ensure that these issues are resolved expeditiously, we will move forward with the OSC and OII as discussed. We will however, give the assigned Administrative Law Judge (ALJ) in this proceeding the authority to determine whether any future actions are needed, including the scheduling of hearings, in this proceeding once Edison has complied with the terms of its proposal. Other interested persons may participate in this OII as provided for in Rule 54 of the Commission's Rules of Practice and Procedure.