2. Discussion

SierraPine's motions are unopposed. No reasons are known to deny the motions. It appears granting the motions will not unduly broaden the scope or prejudice any party. The motions should be granted.

SierraPine states the issue as "whether SierraPine is exempt from Energy Cost Recovery Amount (ECRA) charges pursuant to Public Utilities Code § 367.3 and D.03-09-019." (Motion to Contingently Add Issue, p. 1.) This issue should be added. Similar to adding BART's exemption issue as a revenue allocation item, SierraPine's issue should be added as issue 2.7.

SierraPine asserts that evidentiary hearing is unnecessary. No party argues otherwise. Therefore, the schedule should not be adjusted to include the serving of proposed testimony on this issue. Rather, it is expected that parties will address this issue in briefs. If the issue is resolved by the Commission in a Resolution regarding the Advice Letter before briefs are filed here, parties need not-and should not-address the issue in this proceeding absent direction otherwise.

IT IS RULED that:

1. The April 19, 2005 motion of SierraPine Ltd. (SierraPine) to intervene is granted. The service list shall be modified to include in the appearance category:

Jay Danielson 4300 Dominguez Rd. Rocklin, CA 95677 Telephone: 916-624-2473 Facsimile: 916-630-3252 E-mail: jdanielson@sierrapine.com

Seth D. Hilton Morrison & Foerster LLP 101 Ygnacio Valley Rd., Suite 450 P.O. Box 8130 Walnut Creek, CA 94596-8130 Telephone: 925-295-3300 Facsimile: 925-946-9912 E-mail: shilton@mofo.com

2. The April 19, 2005 motion of SierraPine to contingently add an issue is granted. Issue 2.7 is added:

2.7. Whether SierraPine is exempt from Energy Cost Recovery Amount (ECRA) charges pursuant to Pub. Util. Code § 367.3 and D.03-09-019.

Dated April 28, 2005, at San Francisco, California.

		/s/ BURTON W. MATTSON
		Burton W. Mattson Administrative Law Judge

CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of Administrative Law Judge's Ruling Granting Intervention of SierraPine Ltd. and Contingent Adding of Issue in Application 04-06-024 by using the following service:

E-Mail Service: sending the entire document as an attachment to all known parties of record who have provided electronic mail addresses.

U.S. Mail Service: mailing by first-class mail with postage prepaid to all known parties of record who did not provide electronic mail addresses.

Dated April 28, 2005, at San Francisco, California.

/s/ KE HUANG

Ke Huang

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.