Procedural Background

PG&E filed a timely answer to this complaint on October 2 and, pursuant to ruling of the assigned administrative law judge (ALJ), PG&E filed an amended answer on October 15. The ALJ set a telephonic prehearing conference (PHC) for November 13, but at the request of the Rodriguezes, who stated their preference to attend in person, the ALJ held the PHC in the Commission courtroom, with both parties present. Thereafter, on November 24, Commissioner Geoffrey F. Brown, the Assigned Commissioner, issued a scoping memo as required by Pub. Util. Code § 1702.1. Among other things, the scoping memo memorialized the schedule agreed upon at the PHC for the filing of consecutive briefs on Commission jurisdiction. Accordingly, on December 11, 2003 PG&E filed an opening brief; on January 7, 2004 the Rodriguezes filed their brief in response, and on January 28, 2004 PG&E filed its reply brief.