4. Final Oral Argument

A party in a quasi-legislative proceeding has the right to make a final oral argument before the Commission, if the final oral argument is requested within the time and manner specified in the Scoping Memo or later ruling. (Rule 8(d).) Parties shall use the same procedure that was used in Phase 1 for requesting final oral argument in Phase 2.

Specifically, any party seeking to present final oral argument shall file and serve a motion by the date stated in the attached schedule. Responses, if any, shall be filed and served by the date noted in the schedule.

The motion shall state the request, the amount of time requested, recommended procedure and order of presentations, and anything else relevant to the motion. The motion shall contain all information necessary for the Commission to make an informed ruling on the motion, providing for an efficient, fair, equitable, and reasonable final oral argument. If more than one party plans to move for final oral argument, parties shall use their best efforts to present a joint motion, including a joint recommendation on procedure, order of presentations, and anything else relevant to the motion.

5. Electronic Service

Each person on the Phase 2 service list has an electronic mail address. As directed at the September 7, 2001 PHC, service of documents and pleadings in Phase 2 shall be by electronic mail, with limited exceptions. Service by electronic mail shall be accomplished by 5:00 p.m. on the date service is to be performed. Parties are directed to use the most current service list and electronic mail addresses from the Commission's web page for each service.³

Electronic service does not eliminate the Commission's requirements for filing. Documents that are to be filed must comply with Rule 2 of the Commission's Rules of Practice and Procedure (e.g., Rule 2.5 requires an original and four copies once the official service list is established).

Except as modified herein (e.g., access to electronic mail addresses on the Commission's new web page, service of paper copies), parties shall continue to follow the electronic service protocols adopted for this proceeding. (See Attachment A to the December 7, 2000 Ruling on Additional Proposals and Comments, Procedural Matters, and Electronic Service Protocols.) In particular, parties are reminded to merge parts of documents (e.g., title page and text of pleadings). Further, the subject line of the transmittal note should identify the proceeding, party sending the document, and an abbreviated document title.

The burden is on parties to ensure that current and accurate electronic mail addresses are on the Commission's service list, just as parties must do for postal service addresses. This is accomplished by parties notifying the Commission's Process Office of corrections or changes. Parties should make reasonable effects to ensure service is performed and completed, but need not undertake exceptional efforts to accomplish service if the electronic mail copy is returned undelivered. Nonetheless, parties should perform regular mail paper service of pleadings when the electronic mail is returned undelivered.

Finally, in addition to electronic mail service, four paper copies must also be served: one each on Jonathan Lakritz, ALJ Burton Mattson, ALJ Michael Galvin, and Ed Quan in Energy Division. Each paper copy shall, to the extent feasible and reasonable, be served so that it is delivered to the Commission on the day it is served.

Some parties proposed at the September 7, 2001 PHC that the date of filing be one day after the date of service. This appears to reasonably reduce the filing burden on parties not located in San Francisco, Los Angeles or San Diego. No opposition was stated. The proposal is adopted. As a result, the date a document must be filed shall be one day after the date that it must be served.

IT IS RULED that:

1. The Phase 2 issues are as set forth in Attachment A. Respondent utilities shall file and serve reports on hospitals less than 100 beds and skilled nursing facilities. Respondent utilities shall file and serve proposals to implement priorities for customers experiencing extreme temperatures (Senate Bill 68, Pub. Util. Code Section 2772), including the presentation of expert medical opinion, a review of appropriate literature and research, and anything else necessary to reasonably implement this legislation. Further, respondent utilities shall file and serve proposals and comments on all issues. Other parties may file and serve proposals and comments on any or all issues.

2. Formal hearing is not expected in Phase 2, but shall be held if a motion for hearing is made and granted. Motions and responses to motions for formal hearing shall contain all the information stated in the body of this ruling. The Phase 2 record shall be composed of all filed and served documents in Phase 2.

3. The schedule is as set forth in Attachment B. Energy Division shall file and serve an agenda a reasonable number of days before each workshop. Parties shall use their best efforts to agree on a common outline for proposals, comments, revised proposals, reply comments, opening briefs and reply briefs, and shall bring disputes to the attention of the Administrative Law Judge (ALJ) with sufficient time to allow a reasonable opportunity for resolution.

4. Any party who does not agree to the reduced time for review of the Phase 2 proposed decision (as shown in Attachment B) shall file and serve a motion for reconsideration of the schedule within seven days from today. Responses to such motion shall be filed and served within seven days from the date the motion is filed.

5. A respondent or party may request final oral argument and, in making that request, shall follow the procedure provided in the body of this ruling.

6. Service of documents shall be by electronic mail, and shall be accomplished by 5:00 p.m. on the date service is to be performed. The filing of documents shall be no later than one day after the date of service. In addition to electronic service, a paper copy shall also be served on Jonathan Lakritz, ALJ Mattson, ALJ Galvin, and Ed Quan of the Energy Division.

7. All other matters as discussed in the body of this ruling are adopted.

Dated September 21, 2001, at San Francisco, California.

		/s/ CARL WOOD
		Carl Wood Presiding Officer Assigned Commissioner

ATTACHMENT A

PHASE 2 ISSUES

1. Existing Interruptible Programs: Necessary or reasonable modifications to, or consolidations of, existing programs, including but not limited to:

1.1. Should any program scheduled to terminate before December 31, 2002 (e.g., San Diego Gas and Electric Company's rolling blackout reduction program) be extended from its scheduled termination date to December 31, 2002;

1.2. Should programs scheduled to terminate on December 31, 2002 be extended, and, if so, should megawatt and total program dollar limits adopted in D.01-04-006 be modified;

1.3. Should the bill limiter provision currently reflected in the interruptible program tariffs of Southern California Edison Company terminate on March 31, 2002;

1.4. Is it necessary or feasible to develop a tariff option for aggregation of more than two circuits with a single lead customer for the purpose of participation in the OBMC program (D.01-06-087, Ordering Paragraph 3);

1.5. Should the 10-day baseline for purposes of participation in the OBMC program recognize alternate work weeks, as proposed by Cal Steel (D.01-06-087, page 14); and

1.6. Should other modifications and consolidations be adopted.

2. Existing Curtailment Priorities: Necessary or reasonable modifications to existing curtailment priorities:

2.1. Hospitals less than 100 beds

2.1.1. Respondent utilities shall each report on the effect of including hospitals less than 100 beds on the list of essential customers, including the effect on the number of circuits and megawatts that are available for rotating outage (D.01-04-006, Ordering Paragraph 12, as renumbered by D.01-04-009);

2.1.2. Parties may make recommendations based on this information.

2.2. Skilled Nursing Facilities

2.2.1. Respondent utilities shall each report on the effect of including skilled nursing facilities on the list of essential customers normally excluded from rotating outages. (D.01-04-006, Ordering Paragraph 13, as renumbered by D.01-04-009.) Each report must state:

2.2.1.1. the number of affected circuits,

2.2.1.2. estimated megawatts removed from rotating outage,

2.2.1.3. estimated effect on mandatory curtailments,

2.2.1.4. estimate of the effect on the remaining 40% of total system load available for rotating outage,

2.2.1.5. an assessment of the reasonableness of reconfiguring circuits to narrow exempted load by isolating skilled nursing facilities, and

2.2.1.6. any other information necessary for the Commission to make an informed decision.

2.2.2. Parties may make recommendations based on this information.

2.3. Category M

2.3.1. What procedures, if any, should be adopted to consider continuing the essential customer status of those customers granted Category M status in D.01-09-020 past September 6, 2003;

2.3.2. What procedures, if any, should be adopted to consider additions to, or subtractions from, the list of Category M customers adopted in D.01-09-020 for the period after September 6, 2003.

2.4. Water and Sewer Utilities: What additional measures, if any, should the Commission adopt for normally exempting water and sewer utilities from rotating outages based on public health and safety.

2.4.1. By September 24, 2001, Water Division shall file, and provide limited service of, a report. (D.01-09-020, Ordering Paragraph 12.) The report shall:

2.4.1.1. Explain the basic types of systems used by water and sewer entities;

2.4.1.2. State the impact of any loss of power;

2.4.1.3. Indicate the effects on public health and safety;

2.4.1.4. State mitigation measures available for the systems; and

2.4.1.5. State any other necessary information.

2.4.2. Comments and recommendations may be filed within ten days of the date the Water Division Report is filed and served.

3. Extreme Temperature: Implementation of Senate Bill 68 (residential use priority in areas of extreme temperature). Respondent utilities shall, and other parties may:

3.1. Present expert opinion of medical experts, and a review of appropriate literature and research,

3.2. Address whether providing priority to customers experiencing extreme temperatures would result in increased outage frequency and duration for remaining customers, and the effect on the health and safety of those remaining customers,

3.3. Recommend implementation approaches, including limiting priority to only when temperatures are extreme, and

3.4. Address alternative measures, including, but not limited to, reducing the duration of the outage or imposing the outage earlier or later in the day.

4. Memorandum Account Balances: What should be the disposition of balances in memorandum accounts created by D.01-01-056 (for penalties paid and due under interruptible tariffs between October 1, 2000 and January 25, 2001).

4.1. What is the estimated memorandum account balance for each respondent utility.

4.2. Should uncollected penalties tracked in memorandum accounts be collected, or should penalties be waived.

(End of Attachment A.)

ATTACHMENT B

Page 1 of 3

PHASE 2 SCHEDULE WITHOUT FORMAL HEARING

R.00-10-002

DATE	EVENT
September 7, 2001	Phase 2 Prehearing Conference
September 21, 2001	Phase 2 Scoping Memo and Ruling
September 24, 2001	Water Division Report filed and served
By October 4, 2001	Comments and recommendations on Water Division Report filed and served
October 12, 2001	Utilities file and serve reports on hospitals less than 100 beds and skilled nursing facilities; Utilities file and serve proposals and expert medical opinion on implementation of Senate Bill 68; Parties file and serve proposals addressing Phase 2 issues (see note below regarding dates for filing)
October 29 to November 2, 2001	Workshops conducted by Energy Division
November 9, 2001	Comments on proposals filed and served, Revised proposals filed and served, and Petition for modification filed and served
November 16, 2001	Reply comments filed and served, and Responses to petition for modification filed and served
November 21, 2001	Motions for evidentiary hearing (EH) filed and served
November 28, 2001	Responses to motions for EH filed and served
November 30, 2001	Ruling on motion for EH
November 30, 2001	Projected Submission Date
January 4, 2002	Proposed or draft decision (PD or DD) filed and served
January 10, 2002	Motions for Final Oral Argument (FOA) filed and served
January 14, 2002	Responses to motions for FOA filed and served
January 15, 2002	Comments on PD or DD filed and served
January 22, 2002	Reply comments on PD or DD filed and served
About January 22, 2002	FOA
About January 24, 2002	Commission Decision

Note: Filing may be up to, but shall be no later than, one business day after the date for service.

ATTACHMENT B

Page 2 of 3

PHASE 2 SCHEDULE WITH FORMAL HEARING

R.00-10-002

DATE	EVENT
September 7, 2001	Phase 2 Prehearing Conference
September 21, 2001	Phase 2 Scoping Memo and Ruling
September 24, 2001	Water Division Report filed and served
By October 4, 2001	Comments and recommendations on Water Division Report filed and served
October 12, 2001	Utilities file and serve reports on hospitals less than 100 beds and skilled nursing facilities; Utilities file and serve proposals and expert medical opinion on implementation of Senate Bill 68; Parties file and serve proposals addressing Phase 2 issues (see note below regarding dates for filing)
October 29 to November 2, 2001	Workshops conducted by Energy Division
November 9, 2001	Comments on proposals filed and served, Revised proposals filed and served, and Petition for modification filed and served
November 16, 2001	Reply comments filed and served, and Responses to petition for modification filed and served
November 21, 2001	Motions for evidentiary hearing (EH) filed and served
November 28, 2001	Responses to motions for EH filed and served
November 30, 2001	Ruling on motion for EH
December 5 - 7, 2001	EH
December 21, 2001	Opening Briefs filed and served
January 4, 2002	Reply Briefs filed and served
January 4, 2002	Projected submission date
February 1, 2002	Proposed or draft decision (PD or DD) filed and served
February 8, 2002	Motions for Final Oral Argument (FOA) filed and served
February 15, 2002	Responses to motions for FOA filed and served
February 15, 2002	Comments on PD or DD filed and served
February 20, 2002	Reply comments on PD or DD filed and served
About February 25, 2002	FOA
About February 28, 2002	Commission Decision

ATTACHMENT B

Page 3 of 3

PHASE 2 SCHEDULE WITH FORMAL HEARING

R.00-10-002

Note: Filing may be up to, but shall be no later than, one business day after the date for service.

(End of Attachment B)

CERTIFICATE OF SERVICE

I certify that I have by electronic mail this day served a true copy of the original attached Phase 2 Scoping Memo and Ruling of Presiding Officer and Assigned Commissioner on all parties of record in this proceeding or their attorneys of record on the Phase 2 service list.

Dated September 21, 2001, at San Francisco, California.

/s/ JACQUELINE GORZOCH

Jacqueline Gorzoch

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.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074,

TTY 1-866-836-7825 or (415) 703-5282 at least three working days in advance of the event.