3. Procedural History on Remand

In an ALJ Ruling dated September 5, 2003, defendant Knollwood was directed within 45 days to file and serve a pleading, with supporting declarations as necessary, either agreeing with an equal sharing of trenching costs among the three utilities or showing why an alternative allocation of trenching costs was appropriate. Complainants were directed within 45 days of receipt of defendant's pleading to respond to that pleading, with supporting declarations as necessary.

On October 20, 2003, defendant filed its response, along with two supplemental declarations. Also on that date, defendant and the Western Manufactured Housing Community Association filed a motion to consolidate this complaint case with an ongoing investigation (Order Instituting Investigation (OII) 03-03-017 and Order Instituting Rulemaking (OIR) 03-03-018) dealing with submeter discounts and allocation of costs under line extension rules.

Lead counsel for complainants at about this time became seriously ill and withdrew from the case. Complainants requested and were granted a number of extensions of time to obtain substitute counsel and to reply to defendant's response and to the motion to consolidate. On January 30, 2004, complainants filed their reply, along with a declaration and objections to the declarations of Knollwood's declarants. Complainants' reply also opposed the motion to consolidate.

In a covering letter accompanying complainants' January 30 pleadings, counsel for complainant stated his agreement with counsel for defendant that defendant would have until March 1, 2004, to reply to complainants' pleadings. By ALJ Ruling dated February 4, 2004, the parties' agreement was approved, and defendant Knollwood was granted an additional round of comments to be filed on or before March 1, 2004. Upon receipt of those pleadings on March 1, 2004, this remand proceeding was deemed submitted for Commission decision.