V. Assignment of Proceeding

Geoffrey F. Brown is the Assigned Commissioner and Charlotte F. TerKeurst is the assigned ALJ in this proceeding.

Findings of Fact

1. Upon Edison's request, the Commission on August 27, 2003, issued a series of subpoenas duces tecum directed to SET requiring the production of certain documents identified in earlier data requests propounded by Edison.

2. At a law and motion hearing on February 13, 2004, the Law and Motion ALJ ordered SET to search back-up electronic tapes of corporate e-mails for documents responsive to one of the subpoenas.

3. In a ruling dated April 15, 2004, the Law and Motion ALJ ruled that SET was required to bear the costs of responding to the subpoenas.

4. On May 11, 2004, SET filed a motion for reconsideration of the ALJ's ruling. The Law and Motion ALJ denied the motion for reconsideration on June 25, 2004.

5. The process for recovering and reviewing the subpoenaed corporate e-mails has been underway for a year.

6. If the Commission ultimately reallocates the e-mail recovery and review costs against Edison, SET will be in a favorable position to recover its costs since Edison is a large, financially viable entity; is subject to the Commission's ratesetting authority; and as a public utility, is otherwise subject to the Commission's orders.

Conclusions of Law

1. Public Utilities Code Section 1701 et seq. contemplates that, in almost all respects, the conduct of contested Commission proceedings is entrusted to the Assigned Commissioner and the assigned ALJ.

2. While a proceeding is pending, the Commission accepts and hears interlocutory appeals of procedural and evidentiary determinations made by the Assigned Commissioner or ALJ only in extraordinary circumstances. This rule is especially pertinent in adjudicatory or investigatory matters.

3. SET has not provided facts or legal arguments sufficient to demonstrate the extraordinary circumstances warranting interlocutory appeal of the Law and Motion ALJs' rulings concerning the scope of discovery and the allocation of discovery costs in this proceeding.

ORDER

IT IS ORDERED that:

1. Sempra Energy Trading Corporation's (SET) Motion for Permission to Reply in Support of its Further Motion to the Full Commission (January 27, 2005) is granted.

2. SET's Motion to the Full Commission to Reverse Administrative Law Judge's Rulings and Grant Motion for Costs, dated January 3, 2005, is denied.

3. This proceeding remains open.

This order is effective today.

Dated May 5, 2005, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

SUSAN P. KENNEDY

DIAN M. GRUENEICH

Commissioners

Comr. Bohn recused himself from this
agenda item and was not part of the
quorum in its consideration.