V. CONCLUSION

For all of the foregoing reasons, GNAPs has failed to demonstrate grounds for the rehearing of D.07-01-004. Therefore, rehearing should be denied. However, we correct a clerical error cited by GNAPs in the rehearing application.

THEREFORE IT IS ORDERED that:

1. Page 3, last paragraph, last line, should read as follows:

"...we have generally followed the standard set forth in the Code of Civil Procedure §437(c)...."

2. GNAPs' request for oral argument is denied.

3. GNAPs' application for the rehearing of D.07-01-004, as modified, is hereby denied in all respects.

This order is effective today.

Dated August 23, 2007, at San Francisco, California.

MICHAEL R. PEEVEY

President

DIAN M. GRUENEICH

TIMOTHY ALAN SIMON

Commissioners

Commissioners John A. Bohn and Rachelle B. Chong recused themselves from this agenda item and were not part of the quorum in its consideration.