Comments on Draft Decision

The draft decision of the ALJ in this matter was mailed to the parties in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed by the Association, PG&E, SCE, SDG&E, TURN, Hunt Power, Western Manufactured Housing Community Association, and Division of Measurement Standards. Reply Comments were filed by SCE, TURN, PG&E, Hunt Power, and the Association. Modifications were made throughout the decision to clarify or further explain the outcomes in the decision. We do separately address in this section a legal argument raised by SCE and TURN about the Draft Decision's compliance with § 1708.5.

Because this petition is more like a petition to modify or for clarification that was filed as a petition for rulemaking as a result of the age of the decisions for which clarification was sought, it does not fit neatly into the petition for rulemaking framework. We denied the petition, not because there were any legal impediments to granting the petition but because no changes to existing rules or decisions were required to accomplish the relief sought. SCE and TURN argue that because hearings were held, that were the basis of D.93586, § 1708.5 requires that a hearing must be held to modify provisions to tariffs that were filed after D.93586 was issued. However, D.93586 focused solely on new mobile home park construction, simply reinstating the restrictions on submetering for new multi-unit residential structures that had been adopted in D.88651, which were stayed by D.89196. Therefore, no hearings are necessary to dispose of the petition.

In addition, the ALJ issued a Ruling in the Petition stating the possibility that we would rule on the merits of the petition without opening a rulemaking and provided parties the opportunity to comment on all of the issues addressed therein. Thus, the process provided the requisite notice and opportunity to comment required by § 1708.