XX. Comments on the Proposed Decision of the ALJ

In accordance with the Section 311 of the Public Utilities Code and Rule 77.1 of the Commission's Rules of Practice and Procedure, the proposed decision (PD) of ALJ Galvin was issued on June 10, 2003, and the parties were afforded opportunity to comment on the PD. Rule 77.3 of the Rules sets forth the scope of permissible comment, stating that comments shall focus on factual, legal or technical error, and notes that comments, which merely reargue positions taken in briefs, will be accorded no weight and are not to be filed.

Comments were timely received from AVR and ORA. AVR also filed reply comments. To the extent such comments required discussion or changes to the proposed decision, the discussion or changes have been incorporated into the body of this order. These comments resulted in changes in both payroll and insurance estimates and clarification of the surcharge procedure. The tables attached to the proposed order have been revised to reflect the impact of these changes.