9. Franchise Fees

City of San Diego (City) noted in its comments on the proposed decision that the proposed decision did not address comments that City filed on August 14, 2001 in A.00-11-038 et al. and in this proceeding. In the August 14 comments, City raises issues pertaining to claims regarding utility and DWR responsibility for franchise fees.

There has been inadequate opportunity for development of this issue in this expedited proceeding. We will not undertake resolution here of an issue that may both involve complex legal determinations and have applicability to other utilities in a proceeding that involves only SDG&E and not those other utilities.

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