IV. Procedural History

The complaint in this proceeding was filed on September 18, 2000. SDG&E requested and was granted an extension until November 30, 2000, to respond to the complaint. A prehearing conference (PHC) was held on December 14, 2000. On March 29, 2001, the case was reassigned from Administrative Law Judge (ALJ) Prestidge to ALJ Duda. In a Scoping Memo dated April 9, 2001, Commissioner Wood named ALJ Duda as presiding officer for hearing. This is an adjudicatory proceeding as defined in Rule 5(b) of the Commission's Rules of Practice and Procedure.

In SDG&E's answer to the complaint, and at the PHC, SDG&E requested that CCTA be dismissed as a party from this action based on the claim that CCTA has neither privity of contract nor standing. In the Scoping Memo, Commissioner Wood and ALJ Duda denied this request because CCTA had negotiated the 1996 transmission pole attachment agreement cited by both Daniels and SDG&E, and because CCTA has standing under Section 767.5.

Evidentiary hearings were conducted on May 2, 3 and 7, 2001, at which time the Commission heard from eight witnesses and received 98 exhibits into evidence. The case was deemed submitted on June 15, 2001, following receipt of opening and reply briefs.