PVA/hkr 7/13/2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Conditional Application of PACIFIC GAS AND ELECTRIC COMPANY (U 39 E) for a Certificate of Public Convenience and Necessity Authorizing the Construction of the Los Banos-Gates 500 kV Transmission Project.

Application 01-04-012

ASSIGNED COMMISSIONER'S RULING

AND SCOPING MEMO

This Ruling and Scoping Memo determines the schedule of this proceeding and the issues to be addressed, consistent with the requirements of Rule 6.3 of the Commission's Rules of Practice and Procedure. This proceeding is categorized as ratesetting, evidentiary and public participation hearings are necessary, and Administrative Law Judge (ALJ) Peter V. Allen is designated as the principal hearing officer. (Rule 6(c)(2).) The ex parte procedures in Public Utilities Code §1701.3 are applicable to this proceeding.

Scheduling

The schedule of this proceeding was addressed at Prehearing Conferences (PHCs) on May 10 and June 27, 2001. We have considered the input of the parties, and have coordinated the schedule of this proceeding with the schedule of the environmental review being performed by the Commission's Energy Division under the California Environmental Quality Act (CEQA). As a result, and with the cooperation of the parties, we have significantly expedited the schedule from that originally proposed by Pacific Gas and Electric Company (PG&E).

Based on the interrelationship between PG&E's Application and the review currently being performed by the California Independent System Operator (ISO), the ISO's testimony will be served concurrently with PG&E's testimony, rather than with the interveners' testimony. We received requests from the Office of Ratepayer Advocates (ORA) and Southern California Edison (Edison) to ensure adequate time after PG&E's testimony for other parties to conduct discovery and prepare testimony on what could be a complex and detailed proceeding, and those requests have been taken into consideration.¹

At the same time, this project has the potential to alleviate at least portions of California's current energy crisis, and we have no desire to delay the implementation of any relief that this project may provide. Accordingly, we are establishing the following schedule:

September 14 PG&E and ISO Opening Testimony

October 30 ORA and Intervener Testimony

November 13 PG&E and ISO Rebuttal

November 26 - December 7 Evidentiary Hearings

December 20 Concurrent Opening Briefs

January 11 Concurrent Reply Briefs

January 12 Submission Date

February 8 Draft Decision

February 22 Comments on Draft Decision

March 1 Reply Comments on Draft Decision

March 15 Decision on Commission Agenda²

While this schedule is coordinated with the schedule for the CEQA environmental review process, the CEQA process is largely independent of the schedule we establish here, and is under the direction of the Commission's Energy Division Staff. PG&E requested that the dates for service of its testimony be linked to the date of release of the Draft Environmental Impact Report (DEIR). PG&E's request is denied.

¹ ORA requested 60 days, while Edison requested 30 days.