Decision DRAFT DECISION OF ALJ BENNETT (Mailed 7/11/2000)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
James W. and Tammy M. McKenney, Complainant, vs. Pacific Gas and Electric Company, Defendant. (U 39 E) |
Case 98-02-014 (Filed February 4, 1998) |
OPINION DENYING PETITION TO MODIFY DECISION 99-02-083
On January 25, 2000, James W. and Tammy M. McKenney (Petitioners) filed a petition to modify Decision (D.) 99-02-083 requesting to be relieved of the obligation to pay Pacific Gas and Electric Company (PG&E) $11,209.00, the cost to relocate power poles. PG&E filed a timely response opposing the petition.
Petitioners raise the same argument in the petition that has been rejected in D.99-02-083. In resolving petitioners' appeal of the presiding officer's decision, we concluded that the argument that PG&E relocated a power pole outside of its easement was not raised at the hearing and any new evidence offered on appeal must be rejected. We also concluded that Petitioners' citations to the transcript to prove this point were erroneous. (At p. 2.)
PG&E correctly points out that the petition for modification procedure may not be used as a substitution for an application for rehearing, citing Sierra Pacific Power Company, 1998 Cal. PUC LEXIS 305, at p. 8. Moreover, this petition process may not be used solely to avoid compliance with a Commission decision. Therefore, the petition in this proceeding must be denied.
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on , and reply comments were filed on .
The petition to modify D.99-02-083 raises issues already resolved on rehearing.
The petition in this proceeding should be denied and this proceeding closed.
IT IS ORDERED that:
1. The petition to modify Decision 99-02-083 is denied.
2. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
