VII. Comments on Proposed Decision

The proposed decision (PD) of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(d) and Rule 77.1 of the Rules of Practice and Procedure. Comments were filed on May 16, 2003 by CCSF, ORA and SAEJ. Reply comments were filed on May 21, 2003 by CCSF and PG&E. We have reviewed the comments and reply comments and made changes to the PD where appropriate.

CCSF and ORA make much of the three-year passage of time occurring between the submission of the record in this proceeding and the issuance of the PD. And, we agree that some fairly dramatic events have unfolded over the past three years. But neither the passage of time nor these dramatic events have any significant affect on the scope of work and cost estimates to decommission HPPP. Nor has the passage of time changed the terms or policy underlying the Commission-approved agreement between PG&E and CCSF to decommission HPPP upon a determination by the California Independent System Operator (ISO) that HPPP generation is no longer necessary to support continued reliable electric service to San Francisco.

Accordingly, we reject CCSF's and ORA's bids for further Commission proceedings to address the "broader range of issues" associated with the decommissioning of HPPP. Most of the issues raised by CCSF will be addressed by the Lead Agency through the public participation framework set forth in the California Health and Safety Code, Chapter 6.8, Sections 25356, et seq. ORA's request for further hearings to address the appropriate level of remediation will also be addressed in the public participation framework. We note that the ALJ dismissed the early attempts of CCSF and ORA to expand this proceeding beyond the narrow issue of the HPPP decommissioning cost estimate by specifically noting that "this is not the proceeding for approval of a decommissioning plan for HPPP."¹⁰ We affirm the ALJ's ruling.

In its reply comments, PG&E suggests that we address the appropriate ratemaking treatment of the HPPP decommissioning cost estimates in PG&E's 2003 GRC (A.02-11-017). We agree with PG&E's proposal and have modified the PD accordingly.