ALJ/JSW/sid Mailed 2/16/2001

Decision 01-02-049 February 15, 2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Gas and Electric Company (U 39 G) for an Order Pursuant to Section 1005.5(b) of the Public Utilities Code to Increase the Maximum Cost Specified in PG&E's Certificate of Public Convenience and Necessity to Construct the California Portion of the Expansion of its Natural Gas Pipeline.

Application 92-12-043 (Filed December 21, 1992)

And Related Matters.

Application 93-03-038 Application 94-05-035 Application 94-06-034 Application 94-09-056 Application 94-06-044 Application 96-08-043 Rulemaking 90-02-008 Rulemaking 88-08-018 Rulemaking 92-12-016 Investigation 92-12-017 Application 92-07-049 Application 95-02-008 Application 95-02-010 Application 94-11-015 Application 93-04-011 Application 94-04-002 Application 95-04-002 Application 96-04-001 Application 94-12-039

OPINION REGARDING THE EMERGENCY PETITION TO

MODIFY DECISION 97-08-055 AND RESOLUTION G-3288

I. Summary

On January 16, 2001, the Office of Ratepayer Advocates (ORA) and The Utility Reform Network (TURN) filed an "emergency petition" (petition) to modify Decision (D.) 97-08-055,¹ the decision approving the "Gas Accord" for Pacific Gas and Electric Company (PG&E), and Resolution G-3288, the resolution which implemented the tariffs associated with the Gas Accord. ORA/TURN request that the charges associated with the Emergency Flow Order (EFO) and Operational Flow Order (OFO) provisions be waived, and that the charge for involuntary diversions of noncore gas supplies be modified on an expedited basis.

Today's decision, in expectation that PG&E (due to its financial condition) will have to divert noncore gas supplies in order to serve its core customers, waives the noncompliance charges associated with an OFO and EFO. Those charges are contained in PG&E's Gas Rule 14. We deny ORA/TURN's request to reduce the involuntary diversion charge.