V. Comments to the Draft Decision

The draft decision of the Administrative Law Judge (ALJ) in this matter was mailed to the parties in accordance with Pub. Util. Code § 371 (g)(1) and Rule 77.7 of the Rules of Practice and Procedure.

Complainants filed comments on September 17, 2002 and an addendum on September 19, 2002. UP filed a reply on September 23, 2002. Complainants filed an amendment dated September 25, 2002.

We have carefully reviewed the pleadings and reject Complainants' argument that a hearing should be held to determine jurisdiction. The parties have had ample opportunity to address this issue through their pleadings. Accordingly, we adopt the draft decision of the ALJ.