The draft decision of the assigned Administrative Law Judge (ALJ) was mailed to the parties in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7. PG&E filed comments on the draft decision on July 30, 2004. In its comments, PG&E argues that the draft decision should be modified to approve the Crockett lease agreement retroactively under Section 851 or, alternatively, exempt the Crockett lease agreement from Section 851 pursuant to Section 853(b) for the period of time prior to today's decision.
PG&E's comments do not identify any factual, legal, or technical errors in the draft decision. Therefore, in accordance with Rule 77.3, there have been no substantive revisions to the final decision adopted by the Commission in response to PG&E's comments.29
29 Rule 77.3 states: "Comments shall focus on factual, legal or technical errors in the proposed decision and in citing such errors shall make specific references to the record. Comments which merely reargue positions taken in briefs will be accorded no weight are not to be filed."