Prestidge Ruling Setting Prehearing Conference, Ordering Parties to Meet and Confer and Commence Discovery

TOM/hl2 2/3/2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Almond Tree Hulling Co.; Arakelian Farms; Baugher Ranch; Beretta Property Management; Campos Brothers Farms; Central California Almond Growers Association; Central Valley Almond Association, Inc.; CF Koehen & Sons, Inc.; Dairyland Hullers; Farmers Cooperative; Harriet Baldwin; Harris-Woolf Almond Huller; Hashem Naraghi; Hilltop Circle L. Ranch; James M. Paiva; James R. Lewis Orchards Inc.; John Wynn; Minturn Almond Huller Co-op, Inc.; North State Hulling Co-op, Inc., Pacific Almond Co.; Paramount Farms, Inc.; Paramount Farming Company; Parreira Almond Processing Co.; Peter D. Peterson; Stewart and Jasper Orchards; South Valley Farms; Strain Orchards; The Hulling Company, Inc.; TM Duche Nut Co. Inc.; Vernon Paddack; West Valley Huling/Barry Baker; Xcel Shelling, LLC.,

Complainants,

vs.

Pacific Gas and Electric Company and DOES 1 through 100, inclusive,

Defendants.

Case 04-01-020

ADMINISTRATIVE LAW JUDGE'S RULING
SETTING A PREHEARING CONFERENCE, ORDERING THE PARTIES
TO MEET AND CONFER AND COMMENCE DISCOVERY AND
REQUIRING THE FILING OF A JOINT CASE MANAGEMENT
STATEMENT AND STIPULATION

This ruling sets a prehearing conference (PHC) for March 4, 2004 at 2:00 p.m. at the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California.

The parties shall immediately commence any necessary discovery and shall meet and confer regarding the issues specified in this ruling. Parties shall also file and serve a joint case management statement and any stipulation reached regarding factual issues by no later than February 26, 2004.

This ruling also requires the parties to serve and accept service of documents by e-mail, with certain exceptions. Parties shall serve the Assigned Commissioner and Administrative Law Judge (ALJ) by paper and e-mail.

Background

On January 21, 2004, the above complainants filed a complaint against Pacific Gas and Electric Company (PG&E) in this proceeding. Complainants are almond hullers, whose electricity charges are currently billed under PG&E's commercial electric rate schedules. The complaint alleges that on or around August-October 2003, Complainants asked PG&E to serve their almond hulling operations under PG&E's agricultural electric rate schedules, and that in approximately December 2003, PG&E denied their requests. Complainants therefore seek a Commission order requiring PG&E to serve their almond hulling operations under PG&E's agricultural rate schedules and to issue a refund for the difference between the amounts paid by Complainants pursuant to PG&E's commercial electric rate schedule and the lesser amounts that would have been charged under PG&E's agricultural rate schedule, for the period beginning on the date of Complainants' requests for service under an agricultural rate schedule and the date of the Commission's order. Complainants also seek pre- and post-judgment interest on the requested refund.

On January 29, 2004, the Docket Office of the Commission served Instructions to Answer on PG&E by certified mail. PG&E must file and serve its answer by no later than March 1, 2004.