Rule 47

Pursuant to Rule 47(d) of the Commission's Rules of Practice and Procedure, a petition for modification must be filed within one year of the effective date of the decision, or the petition must explain why it could not have been presented within one year. The Joint Petition includes a Declaration setting forth the timeline of the Commission's two decisions concerning the Otay Mesa plant, as well as the intervening bankruptcy filing by Calpine. The original Commission decision on Otay Mesa issued in June 2004, the decision on rehearing issued in February 2006, and the Calpine bankruptcy filing was in December 2005. The filing of the Joint Petition in July 2006 is certainly within one year of the decision on rehearing, and within one year of the Calpine bankruptcy filing─the triggering event that prompted the revision to the PPA.

We find that the filing of the Joint Petition in July 2006 is timely, because we are modifying D.06-02-031, issued earlier this year.