Discussion

The motion of ORA and TURN to strike Exhibit 1 of the Kahan direct testimony, as identified above, is denied. ORA and TURN have not provided sufficient basis to strike the document. The witness has apparently reviewed and relied upon the information in the document in presenting his testimony. Although the author of the document is not known, Applicants have answered 44 data requests about the document. ORA and TURN thus will be able to test the witness' basis for reliance on the document, and appropriate evidentiary weight that should be accorded the document through cross examination.

IT IS RULED that the motion of ORA and TURN to strike is granted, in part, and denied, in part, as set forth in the discussion above.

Dated July 27, 2005, at San Francisco, California.

		/s/ THOMAS R. PULSIFER
		Thomas R. Pulsifer Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling on Motion of the Office of Ratepayer Advocates and The Utility Reform Network to Strike Declarations and Testimony on all parties of record in this proceeding or their attorneys of record.

Dated July 27, 2005, at San Francisco, California.

/s/ TERESITA C. GALLARDO

Teresita C. Gallardo

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.