V. Procedural Background

The Commission issued this OII in August 2001. The matter was originally set for hearings in February 2002. On November 19, 2001, Edison filed a motion to compel discovery and to extend its filing deadline for serving testimony. By ruling dated January 28, 2002, the Assigned Commissioner and Administrative Law Judge (ALJ) denied in part Edison's motion to compel. Because the ruling required CPSD to produce some additional information, the ruling extended the hearing schedule.

On February 4, 2002, Edison filed a petition for writ of mandate in the California Court of Appeal. On February 6, 2002, the Second Appellate District, Division Eight, issued an order staying this investigation pending further order. The Commission thereafter removed the scheduled hearings from its calendar and stayed this investigation pending further order from the Court of Appeal.

On February 28, 2002, the Second Appellate District denied Edison's petition and dissolved its order staying this proceeding. On March 1, the Assigned Commissioner and ALJ reset the evidentiary hearings for June 2002. On May 25, Edison and CPSD believed that settlement prospects were sufficiently promising that they requested a 60-day schedule extension for the parties to discuss settlement. A May 30 Assigned Commissioner and ALJ ruling gave the parties until July 22 to complete a settlement agreement and established a revised schedule should the parties fail to reach agreement. Settlement negotiations failed and the Commission held evidentiary hearings from August 28 through September 6 and also on September 17, 2002.

On December 9, 2002, the full Commission held oral argument pursuant to Edison's motion. Subsequently, Edison petitioned to set aside submission so the parties could submit evidence on what Edison argued was CPSD's new standard articulated for the first time at oral argument. The Commission permitted the parties to brief the issues Edison raised and held closing argument before the Assigned Commissioner on April 22, 2003, at which time the investigation was deemed submitted.