6. Comments on Proposed Decision

The proposed decision (PD) of ALJ Semcer for this proceeding was mailed to parties in accordance with Pub. Util. Code § 311, and comments were allowed in accordance with Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on February 27, 2012 by CARE and PG&E as well as Communities for a Better Environment and the Independent Energy Producers Association. Reply comments were filed on March 5, 2012 by CARE and PG&E.

CARE filed both confidential and public versions of its reply comments along with a Motion for Leave to File Confidential Materials Cited in Reply Comments. All of the redacted material to which CARE cites is from the Direct Testimony of Kevin Woodruff in A.09-09-021 on behalf of TURN. We previously affirmed the confidential status of this material in the October 18, 2011 Assigned Commissioner's Ruling in this application and do so again here. By ruling issued on September 8, 2010 in A.09-09-021, ALJ Darwin E. Farrar allowed this material to be filed under seal and remain confidential for three years from the date of the Ruling. CARE's motion for leave to file under seal is granted; however, the confidential material in question shall remain protected under the timeframe provided for in that Ruling, i.e., three years from September 8, 2010, the date the Ruling was issued.

In comments, parties largely reiterated arguments made in previous filings. All such arguments have been thoroughly addressed throughout this decision; therefore, we decline to change our conclusion. In response to the comments and replies, we have made several non-substantive revisions to correct minor errors and improve clarity.