Discussion

Because of the nearness of the approaching deadline, and the fact that the case has not yet concluded, this order is issued to provide the findings required by § 1701.2(d). This case cannot be concluded within 12 months of initiation. The Phase II hearings anticipated in the OII will not occur until the end of April and sufficient time is necessary for the preparation of briefs, a POD, and Commission consideration of any appeals or requests for review.

Accordingly, we find that the 12-month deadline for processing this case pursuant to Pub. Util. Code § 1701.2(d) cannot be met, and that an extension in the schedule will be required to allow for adequate time to review potential appeals or requests for review. An extension through October 31, 2002, should provide a reasonable allowance of time to conclude the proceeding.

Under Rule 77.7(f)(4) of the Commission's Rules of Practice and Procedure, the Commission may reduce or waive the period for public review and comment of draft decisions extending the deadline for resolving adjudicatory proceedings. Accordingly, pursuant to Rule 77.7(f)(4), the otherwise applicable statutory deadline for public review and comment is being waived.

Findings of Fact

1. This proceeding was filed on March 15, 2001.

2. Phase II hearings are scheduled for April 24 and 25, 2002.

3. The Commission contemplated that Consumer Services Division's alter ego investigation could require more than 12 months for decision

4. Based upon the 12-month statutory deadline, this proceeding must be resolved on or before March 15, 2002, unless this date is extended.

5. The current schedule allows insufficient time to resolve this proceeding before the 12-month statutory deadline runs.

6. An extension through October 31, 2002, is necessary to allow time for completion of Phase II (alter ego).

7. Public review and comment regarding today's decision should be waived.

Conclusions of Law

1. Pub. Util. Code § 1701.2(d) requires that adjudication cases be resolved within 12 months of initiation unless the Commission makes findings why that deadline cannot be met and issues an order extending that deadline.

2. The findings set forth above are sufficient to justify why the 12-month deadline cannot be met.

3. The 12-month statutory deadline imposed by Pub. Util. Code § 1701.2(d) should be extended, effective immediately.

ORDER

IT IS ORDERED that the 12-month statutory deadline in this proceeding, is extended until October 31, 2002.

This order is effective today.

Dated , at San Francisco, California.