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ALJ/DUG/avs Mailed 12/3/2004

Decision 04-12-002 December 2, 2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Gas and Electric Company to Consolidate the Review of Pacific Gas and Electric Company's Expenditures in 1997 And 1998 to Enhance Transmission and Distribution System Safety and Reliability Pursuant to Section 368(e) of the California Public Utilities Code. (U 39 E)

Application 99-03-039

(Filed March 19, 1999)

OPINION GRANTING INTERVENOR COMPENSATION
TO THE UTILITY REFORM NETWORK FOR SUBSTANTIAL
CONTRIBUTIONS TO DECISION 04-09-020

This decision awards The Utility Reform Network (TURN) $48,255.21 in compensation for its substantial contribution to Decision (D.) 04-09-020.

1. Background

Pub. Util. Code § 368(e)1 required PG&E to propose plans to recover increased system safety and reliability costs associated with the transition to a deregulated environment and, if the plans met certain criteria, directed the Commission to authorize the plans. In D.96-12-077, the Commission authorized incremental base revenue for PG&E of $164.231 million for 1997, and

$241.614 million for 1998, for system safety and reliability enhancements above those already authorized in base revenues. In 1997, PG&E overspent the

authorized amount by $19.012 million, and in 1998 it underspent the authorized amount by $2.875 million. In D.04-09-020 the Commission found that PG&E was entitled to reimbursement of most costs incurred pursuant to § 368(e) other than $29.1 million in flood and storm-related costs that were deferred to a separate Catastrophic Events Memorandum Account (CEMA) application.

Through no fault of TURN, or directly by any of the other parties, the Commission, as a result of the press of significant financial crises in the electric industry, set this proceeding aside until it recently adopted D.04-09-020. A final decision in Application (A.) 99-03-039 was delayed for a span of 5-and-a-half years.

1 Unless otherwise noted, all statutory references are to the Public Utilities Code.

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