The proposed decision of the ALJ in this matter was mailed to the parties in accordance with Section 311(d) of the Public Utilities Code and Rule 77.1 of the Rules of Practice and Procedure, but with a shortened comment time as established by the assigned ALJ in the February Ruling, discussed at the PHC where no opposition to the reduction was expressed and confirmed in the Assigned Commissioner's Scoping Ruling of March 11, 2005. Comments were filed on April 11, 2005 and reply comments were filed on April 15, 2005, thereby allowing the Commission to consider the matter and issue a decision sooner than 30 days following issuance of the proposed decision.50
Comments were filed by PG&E, SCE, SDG&E, BOMA, Costco, Walmart/JC Penney, ICP, LAUSD, CMTA, BART, EPUC, Farm Bureau, CLECA, ORA, TURN, and Aloha Systems. Reply comments were filed by PG&E, SCE, SDG&E, WPTF, BART, LAUSD, and CCEA. We address the comments throughout the text of the decision and make appropriate revisions in response.
50 The parties' lack of opposition to the reduced comment period is effectively an agreement of all parties that the Commission may act within the § 311(d) 30-day waiting period.