Other Issues

On February 13, 2002 attorneys for Gensiro Kawamoto, a landowner of several rental properties adjacent to the proposed project in Rocklin, filed a petition to intervene in this proceeding. On February 21, 2002, an article in the San Francisco Chronicle indicated that Kawamoto was attempting to sell the majority of his rental properties in the United States, including those in Rocklin.⁴ On August 21, 2002, the assigned ALJ attempted to determine whether Kawamoto was still the landowner of the property in question by contacting the attorneys on the February 13, 2002 pleading. The filing attorneys stated that they no longer represented Kawamoto, and referred the ALJ to the law firm of Hefner, Stark and Marois. This law firm also no longer represents Kawamoto and the ALJ was referred to the law firm of Alstom, Hunt, Floyd and Ing, in Hawaii. Based on the ALJ's conversation with attorney Bruce Noborikawa of Alstom, Hunt, Floyd and Ing, the property in Rocklin was sold earlier this year, and the transaction closed on or around May 21, 2002. Therefore, Kawamoto's petition to intervene is moot, and the petition is denied. The Process Office shall remove Kawamoto from the service list.

Therefore, IT IS RULED that:

1. The Revised MND is identified as Exhibit 5 and is received into evidence on the date of this ruling.

2. The scope of this proceeding is described above.

3. The schedule of this proceeding is as set forth above in this ruling.

4. This ruling confirms the Commission's preliminary finding in Resolution ALJ 176-3067, issued on July 12, 2001, that the category for this proceeding is ratesetting but finds that hearings are not necessary. This ruling, only as to category, is appealable under the procedures in Rule 6.4.

5. The ex parte rules as set forth in Rule 7(c) of the Commission's Rules of Practice and Procedure apply to this proceeding until the Commission confirms the change in hearing designation.

6. Once the Commission has confirmed the change in hearing designation, the ex parte rules as set forth in Rule 7(e) of the Commission's Rules of Practice and Procedure apply.

7. Administrative Law Judge Cooke is the principal hearing officer.

8. The official service list is attached to this ruling. Parties should serve all filings as set forth in this Ruling.

9. Gensiro Kawamoto's petition to intervene is moot, and the petition is denied. The Process Office shall remove Kawamoto from the service list.

Dated October 16, 2002, at San Francisco, California.

		/s. HENRY M. DUQUE
		Henry M. Duque Assigned Commissioner

CERTIFICATE OF SERVICE

I certify that I have by U.S. mail, and by electronic mail to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Assigned Commissioner's Ruling Establishing Category and Providing Scoping Memo in Compliance with Article 2.5, SB 960 Rules and Procedures on all parties of record in this proceeding or their attorneys of record.

Dated October 16, 2002, at San Francisco, California.

/s/ JANET V. ALVIAR

Janet V. Alviar

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to ensure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

************ APPEARANCES ************ Terry A. Richardson RUSSELL HILDEBRAND Attorney At Law CITY OF ROCKLIN & ROCKLIN REDVLPMNT AGCY 3970 ROCKLIN ROAD ROCKLIN CA 95677 (916) 632-4020 terryr@rocklin.ca.gov For: City of Rocklin Anne & Kent Dazey 5616 DELANO WAY ROCKLIN CA 95677 (916) 632-3207 dazeyhope@quiknet.com For: Self John W. Viss Attorney At Law FREEMAN, D'AIUTO, PIERCE & GUREV 1818 GRAND CANAL BLVD., SUITE 4 STOCKTON CA 95207 (209) 474-1818 freemanlaw@aol.com For: The Preserve at Creekside LLC, Antelope Creek Apartments L.P. Melissa Merrill 5611 DELANO WAY ROCKLIN CA 95677 (916) 632-1753 For: Self David T. Kraska Attorney At Law PACIFIC GAS & ELECTRIC COMPANY MAILCODE B30A PO BOX 7442 SAN FRANCISCO CA 94120-7442 (415) 973-7503 dtk5@pge.com Jo Lynn Lambert Attorney At Law PACIFIC GAS AND ELECTRIC COMPANY 77 BEALE STREET SAN FRANCISCO CA 94105 (415) 973-5248 jllm@pge.com For: Pacific Gas and Electric Company

********** STATE EMPLOYEE *********** Mike Applegarth 3300 DOUGLAS BOULEVARD, SUITE 430 ROSEVILLE CA 95661 (916) 774-4430 Susan Lee ASPEN ENVIRONMENTAL GROUP 235 MONTGOMERY STREET, SUITE 800 SAN FRANCISCO CA 94104 (415) 955-4775 slee@aspeneg.com Michelle Cooke Administrative Law Judge Division RM. 5006 505 VAN NESS AVE San Francisco CA 94102 (415) 703-2637 mlc@cpuc.ca.gov Nicolas B Procos Energy Division AREA 4-A 505 VAN NESS AVE San Francisco CA 94102 (415) 703-5289 nbp@cpuc.ca.gov Maria E. Stevens Executive Division RM. 500 320 WEST 4TH STREET SUITE 500 Los Angeles CA 90013 (213) 576-7012 mer@cpuc.ca.gov ********* INFORMATION ONLY ********** Susan Andrew 5405 TOPAZ AVENUE ROCKLIN CA 95677 susandrews@earthlink.net Jeffrey Pulverman CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 3, SAC. AREA OFFICE MS-41 PO BOX 942874 SACRAMENTO CA 92474-0001

Mark Doane CITY ATTORNEYS OFFICE 2005 HILLTOP CIRCLE ROSEVILLE CA 95747 (916) 774-5325 mdoane@roseville.ca.us Kathy & Larry Flure 3620 FARRON STREET ROCKLIN CA 95677 (916) 624-5401 lkflure@jps.net Mark Morse 316 VERNON STREET, ROOM 102 ROSEVILLE CA 95678 Diana Ortega 3680 EMERSON STREET ROCKLIN CA 95677 (916) 624-9357 Austin & Amelia Petty 3670 EMERSON STREET ROCKLIN CA 95677 (916) 624-0860 haguewater@mindsync.com ROCKLIN HISTORICAL SOCIETY PO BOX 752 ROCKLIN CA 95677 Bruce Foster Regulatory Affairs SOUTHERN CALIFORNIA EDISON COMPANY 601 VAN NESS AVENUE, SUITE 2040 SAN FRANCISCO CA 94102 (415) 775-1856 fosterbc@sce.com Donald A. Benioff NELSON BAHLER THE GRUPE COMPANY 3255 WEST MARCH LANE, 4TH FLOOR STOCKTON CA 95219 Alan Hans TOUCHE' FINANCIAL 3684 MAPLE STREET ROCKLIN CA 95677 (916) 624-7125

⁴ See http://sfgate.com/cgi-bin/article.cgi?file=
/chronicle/arc hive/2002/02/21/MN123520.DTL.