6. Assignment of the Proceeding

Timothy Alan Simon is the assigned Commissioner and Timothy Kenney is the assigned ALJ for this proceeding.

Findings of Fact

1. Santa Ana winds are strong, dry winds that occur from time to time in SDG&E's service territory. Santa Ana winds can damage overhead power-line facilities. Fires ignited by wind-damaged power lines can spread rapidly in Santa Ana wind conditions and cause enormous destruction.

2. SDG&E has used a design basis for wind loads of 56 mph for most of its overhead power-line facilities. There is a risk that such facilities will experience structural failures when wind gusts exceed 56 mph. The risk of failure increases exponentially as wind speed increases.

3. De-energizing overhead power lines eliminates the risk that power lines will ignite fires during Santa Ana winds, but it also imposes significant costs, burdens, and risks on the customers and communities where power is shut off.

Conclusions of Law

1. SDG&E has authority under Pub. Util. Code § 399.2(a) and § 451 to shut off power in emergency situations when necessary to protect public safety, including the situation where strong Santa Ana winds exceed the design basis for SDG&E's overhead power-line facilities and threaten to topple energized power lines onto tinder dry brush.

2. SDG&E should provide notice and mitigation to its customers, to the extent feasible and appropriate, whenever SDG&E shuts off power pursuant to its statutory authority.

3. DisabRA's petition to modify D.09-09-030 should be granted.

4. Any decision by SDG&E to shut off power under its statutory authority, including the adequacy of any notice given and any mitigation measures implemented by SDG&E, may be reviewed by the Commission pursuant to its broad jurisdiction over matters regarding the safety of public utility operations and facilities. The Commission may decide at that time whether SDG&E's decision to shut off power was reasonable and qualifies for an exemption from liability under SDG&E's Electric Tariff Rule 14.

5. SDG&E should notify the Director of CPSD within 12 hours whenever SDG&E shuts off power because, in part, SDG&E believes that strong winds could cause a structural failure of SDG&E's overhead power-line facilities. After the shut-off event has ended, SDG&E should submit a report to the Director of CPSD that includes the information specified in the body of today's decision.

6. Because this decision affects public safety, this decision should be effective immediately.

ORDER

IT IS ORDERED that:

1. Disability Rights Advocates' petition to modify Decision 09-09-030 is granted. San Diego Gas & Electric Company (SDG&E) shall take appropriate and feasible steps to provide notice and mitigation to its customers whenever SDG&E shuts off power pursuant to its statutory authority.

2. San Diego Gas & Electric Company (SDG&E) shall notify the Director of the Commission's Consumer Protection and Safety Division (CPSD) no later than 12 hours after SDG&E shuts off power because, in part, SDG&E believes that strong winds could cause structural failures of SDG&E's overhead power-line facilities. After the shut-off event has ended, SDG&E shall submit a report to the Director of CPSD that includes (i) an explanation of SDG&E's decision to shut off power; (ii) all factors considered by SDG&E in its decision to shut off power, including wind speed, temperature, humidity, and vegetation moisture in the vicinity of the de-energized circuits; (iii) the time, place, and duration of the power shutoff event; (iv) the number of affected customers, broken down by residential, medical baseline, commercial/industrial, and other; (v) any wind-related damage to SDG&E's overhead power-line facilities in the areas where power is shut off; (vi) a description of the customer notice and any other mitigation provided by SDG&E; and (vii) any other matters that SDG&E believes are relevant to the Commission's assessment of the reasonableness of SDG&E's decision to shut off power. SDG&E shall submit the report no later than 10 business days after the shutoff event ends. The report shall be verified by an SDG&E officer in accordance with Rule 1.11 of the Commission's Rules of Practice and Procedure.

3. Application 08-12-021 is closed.

This Order is effective today.

Dated April 19, 2012, at San Francisco, California.

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