Position of PG&E

PG&E believes that Complainants do not allege a violation by PG&E of the WMDVBE statute, GO 156, or of any other law, or order or rule of the Commission. PG&E states that most of Complainants' allegations concern the activities of CORESTAFF, not the activities of PG&E.

Additionally, PG&E contends that Complainants have no standing to assert these claims in a Commission complaint proceeding since PG&E believes they are not WMDVBEs and since they do not allege that PG&E itself violated any statute or rule or order of the Commission. PG&E also asserts that, to the extent Complainants' believe PG&E has not met its WMDVBE goals, it should address this issue in the annual WMDVBE proceeding referenced in Minority Business Enterprise Legal Defense & Education Fund and Liberty Builders v. Pacific Gas & Electric Company [D.94-10-048] (1994) 56 CPUC2d 694, 1994 Cal. PUC LEXIS 687. PG&E further asserts that a dispute resolution agreement between PG&E and Hunt precludes Complainants from bringing this complaint against PG&E. PG&E states that the dispute resolution agreement specifically requires Hunt to arbitrate any "claims of discrimination or disadvantaged treatment by Hunt and/or Hunt entities..."

Attached to PG&E's answer is a copy of a dispute resolution agreement between Hunt and PG&E. The agreement states that:

"Any controversy or claim that may arise January 1, 1994 onward between Clarence Hunt, Jr. (Hunt) and/or any entity owned or controlled by Hunt, or in which he is a founder or initiator, including but not limited to Allied Temporaries, Inc., (collectively "Hunt entities"), on the one hand; and Pacific Gas and Electric Company (PG&E), its officers, directors, agents, attorneys, employees, successors or affiliated entities, on the other hand, shall be settled in accordance with the dispute resolution procedure set forth below. This procedure shall cover, but not be limited to, claims of discrimination or disadvantaged treatment by Hunt and/or Hunt entities, of whatever sort, and based on statute, regulation, constitution, and/or common law. It shall also cover all claims of whatever sort sounding in contract or tort, as well as all claims under statute, government regulations, and the United States or California Constitutions, including, but not limited to, claims under P.U.C. §§ 453, 2106, 8281, et seq.; GO 156. This Agreement pertains to Hunt only in his capacity as owner or controlling manager of a business, and does not affect his rights as an individual consumer or in the event of non-business related injury to his person...."

The dispute resolution agreement expands further on the particular steps to be taken for resolving a dispute.