The Role of the Commission

While the efforts of parties to reach mutual agreement on terms for costs, rate design and dispute resolution are appreciated, we are concerned with the uncertainty surrounding the proposed completion dates. The Settlement Agreement and Southwest's construction schedule attached to the Joint Petition speak in terms of "anticipated" completion dates.

By this Decision, we propose modifications to the underlying Stipulations to clarify our expectations concerning compliance with Commission orders. The Commission will take all necessary steps to ensure compliance with this Decision or, if necessary, our three prior orders. Southwest is placed on notice that these steps include, but are not limited to, seeking injunctive relief, the issuance of a contempt citation and/or an order instituting investigation (OII) to impose monetary penalties. "It is fundamental to the Commission's exercise of its powers and jurisdiction that the agency take reasonable steps to ensure that the utilities comply with its orders and rules." (Application for Authority Under Section 851 for Koch Pipeline Company 1999 Cal. PUC LEXIS 498,

*16 [D.99-08-007 at p. 5.].)