ALJ/JLG/tcg Mailed 12/13/2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Investigation Into the Actions of Southern California Edison Company (U 338 E), and Its Officers and Employees for Non-Compliance with a Commission Decision.

FILED PUBLIC UTILITIES COMMISSION DECEMBER 11, 2001 SAN FRANCISCO, CALIFORNIA INVESTIGATION 01-12-007

ORDER INSTITUTING INVESTIGATION AND ORDER TO SHOW
CAUSE DIRECTED TO SOUTHERN CALIFORNIA EDISON,
ITS OFFICERS AND EMPLOYEES FOR THEIR FAILURE
TO COMPLY WITH DECISION 01-06-039

Summary

The Commission opens this investigation and orders Southern California Edison Company (Edison), its officers and employees to show cause whether or not they should be held in contempt, subject to penalties, and referred to the appropriate authorities to file criminal proceedings for their failure to comply with Decision (D.) 01-06-039. D.01-06-039 directed Edison to tender its test year (TY) 2003 General Rate Case Notice of Intent (NOI) to the Commission no later than August 15, 2001. The Commission's Executive Director granted Edison extensions until September 13, 2001, to tender the NOI. As of the date of this Order Instituting Investigation (OII) and Order to Show Cause (OSC), Edison has failed to tender that NOI.

Edison has submitted a written proposal stating its concurrence that it has failed to meet the terms of D.01-06-039, and offering a proposed resolution to these issues. Edison proposes to voluntarily pay a penalty for its failure to comply, and indicates that it will file its NOI no later than December 17, 2001.

Edison's proposal may reasonably resolve the issues before us. We will authorize the assigned administrative law judge in this proceeding to determine whether it is necessary for this OSC and investigation to proceed, and to schedule hearings if necessary, once Edison's December 17, 2001 filing is made and Edison has complied with the terms of its proposal.