7. Comments on Proposed Decision

The proposed decision of the Administrative Law Judge (ALJ) in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and Rule 14.2(a) of the Commission's Rules of Practice and Procedure. Comments were filed by Yak America and Blackbird on April 30, 2007.

In their comments, Applicants contend that the proposed decision fails to explain the reasons for the Commission's decision not to approve the transfer of Yak America to Blackbird retroactively, on a nunc pro tunc basis, and does not specify the Commission's policy on applications for nunc pro tunc approval of a transfer of control of a public utility. Applicants also argue that the transfer of Yak America to Blackbird qualifies for nunc pro tunc approval of the transaction.

We have made minor changes to the proposed decision in response to these comments.