II. The Order Instituting Investigation (OII)

The OII alleges that Edison violated three Commission GOs that specify the requirements for the construction, operation, and maintenance of overhead and underground utility systems, including (1) GO 95 (rules for overhead electric line construction); (2) GO 128 (rules for construction of underground electric supply and communications systems); and (3) GO 165 (inspection cycles for electric distribution facilities.)

Based on routine CPSD inspections of Edison's facilities, the OII alleges 4,044 violations of GO 95 requirements on electric poles in Edison's service territory and 677 violations of GO 128 requirements in Edison-owned underground and pad-mounted structures. Additionally, the OII alleges 37 accidents involving Edison's violations of these three GOs and two violations of Rule 1 for providing misleading information to the Commission.

CPSD has the burden of proving that Edison violated the GOs and Rule 1. See In re Qwest Communications Corporation (Qwest), Decision (D.)02-10-059 at 4; In Re Communication TeleSystems International (CTS), D.97-05-089, 72 CPUC2d 621, 642, Conclusion of Law 1. CPSD must prove its allegations by a preponderance of evidence. See Qwest at 4; CTS at 72 CPUC2d at 642, Conclusion of Law 2.