4. Conclusion

Because CPSD has not complied with the meet and confer requirements of our discovery rules and of the OII, its motion to compel is premature. The motion is denied, without prejudice to refiling when CPSD can show that it has sought to comply with its meet and confer obligations and that settlement discussions have at least begun. If and when a motion to compel is filed again, it should state specifically (rather than generally) what data CPSD has received from Clear World in response to Appendix A of the OII and what specific data it regards as missing from Clear World's responses.

IT IS RULED that:

1. The Motion of Consumer Protection & Safety Division (CPSD) to Compel Compliance with the Disclosure Provisions of the Order Instituting Investigation 04-06-008 is denied without prejudice to refiling.

2. CPSD may refile its motion to compel compliance when it can show that it has sought to comply with its meet and confer obligations and that settlement discussions have at least begun.

Dated August 13, 2004, at San Francisco, California.

		/s/ GLEN WALKER
		Glen Walker Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail to the parties who have provided an electronic mail address, this day served a true copy of the original attached Administrative Law Judge's Ruling Denying Motion to Compel Without Prejudice to Refiling on all parties of record in this proceeding or their attorneys of record.

Dated August 13, 2004, at San Francisco, California.

/s/ ELIZABETH LEWIS

Elizabeth Lewis

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 insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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