Item H-10 dissent
The Commission should be concerned about compliance with its orders. I recognize that Edison was not in technical compliance with our order. Yet it is my belief that we should withdraw the Order to Show Cause (OSC), rather than take written comments and hold hearings, as proposed in the majority decision. I reach this conclusion for three reasons. First and foremost, Edison has committed in writing to filing its general rate case (GRC) by December 17th and paying $47,500 in penalties. Second, there were extenuating circumstances. There is no dispute that Edison's uncertain financial future prevented it from developing reliable cost forecasts for its GRC. Edison was engaged in a protracted legislative debate, the outcome of which would have had substantial GRC ramifications. It was difficult, if not impossible, for Edison to make forecasts and assumptions to develop its general rate case. This is in addition to the absence of a Commission decision on utility retained generation.
Third, Edison did not ignore our decision. Edison informed the Commission early on that it could not file a meaningful GRC until its financial situation was resolved. There was numerous correspondence exchanged between Edison and the Commission in an attempt to address this matter. Edison also submitted a Petition to Modify the filing deadline, a petition still unresolved by this Commission.
In summary, we have the facts that we need to withdraw this item from our agenda. Edison has committed to filing its general rate case and paying penalties. Issuing the OSC will simply result in a waste of both Edison and Commission resources. We no need written comments from the parties or hearings to reach this conclusion.
For these reasons, I must dissent.
/s/ HENRY M. DUQUE
Henry M. Duque
Commissioner
December 11, 2001
San Francisco, California
