IV. Comments on Draft Decision

The draft decision of the Administrative Law Judge (ALJ) in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. The draft decision denied the petition for modification. Based upon the comments Almendral/Americatel filed on May 19, 2005, we have decided that under the narrow circumstances

presented here, Almendral need not make the $25,000 deposit required in D.05-03-033. We have modified the draft decision to explain this change in outcome.