Because this is a rulemaking proceeding, ex parte communications are permitted and no reporting requirement applies.27
IT IS ORDERED that:
1. The Order Instituting Rulemaking (OIR) that initiated this proceeding on October 27, 2005 is amended as set forth herein to include review of the problems and potential solutions identified herein, including future revision applicable only to Respondents, of the Commission's Affiliate Transaction Rules and General Order 77-L.
2. Respondents to the OIR, as amended by Ordering Paragraph 1, above, continue to be California's major energy utilities and their holding companies: Southern California Edison Company/Edison International, Pacific Gas and Electric Company/PG&E Corporation, and Southern California Gas Company and San Diego Gas & Electric Company, both owned by Sempra Energy.
3. The Commission's Executive Director shall cause today's order to be served on the service list for this proceeding and the service lists for Rulemaking (R.)97-04-011 and R.03-08-019. The Commission's Executive Director shall cause today's order to be served on the service list for this proceeding and the service lists for Rulemaking (R.)97-04-011 and R.03-08-019.
4. Persons or entities who are not now listed on the service list for this proceeding and who wish to be placed on it shall follow the directions below:
a) Appearance category. By July 14, 2006, contact the assigned Administrative Law Judge (ALJ) in writing, via e-mail (xjv@cpuc.ca.gov) or at CPUC, 505 Van Ness Ave., San Francisco, CA 94102 and describe your interest in the proceeding, how you intend to participate, and list all relevant contact information (name; person or entity represented; mailing address; telephone number; e-mail address).
b) Information Only category or State Service category. If you intend only to monitor this proceeding, contact the Commission's Process Office in writing by July 14, 2006, via e-mail at (Process_Office@cpuc.ca.gov) or at CPUC, Process Office, 505 Van Ness Ave., San Francisco, CA 94102), to specify the service category desired and list the same contact information detailed in subparagraph (a), above.
5. The schedule for this proceeding is set forth herein. Appearances listed on the service list for this proceeding, or those added at the direction of the assigned ALJ may file comments and participate in oral argument.
6. The schedule may be changed, if necessary, by ruling of the Assigned Commissioner Ruling or assigned ALJ.
7. The category for this proceeding is preliminary determined to be "quasi-legislative" as that term is defined in Rule 5(d) of the Commission's Rules of Practice and Procedure (Rules).
8. Ex parte communications are permitted under Article 1.5 of the Rules, at Rule 1.1 et seq.
This order is effective today.
Dated June 29, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
27 Since no evidentiary hearings are contemplated, Rule 1.1 et seq. governs this proceeding, rather than Rule 7(d). The result is the same, however, since neither framework prohibits ex parte communications in rulemaking proceedings.