5. Comments on Draft Decision
The draft decision of the Administrative Law Judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ________________, and reply comments were filed on ______________.
1. Crystal operates natural gas fields in Northern California.
2. Crystal entered into Agreement No. 4044 with PG&E on May 30, 1997.
3. On February 23, 2000, PG&E gave notice of termination of the contract to Crystal pursuant to the 30-day termination provision of Section 7.2(a) of Agreement No. 4044.
1. As a general rule, the Commission does not adjudicate contract disputes because the Commission lacks jurisdiction to award damages.
2. The Commission does adjudicate contract disputes in the exercise of its regulatory jurisdiction.
3. Section 7.2(a) of the contract is not an overly harsh allocation of risks or costs that is not justified by the circumstances.
4. Section 7.2(a) is not unenforceable.
5. A hearing is not needed to resolve this complaint.
6. PG&E's motion to dismiss the complaint should be granted, effective immediately.
IT IS ORDERED that the motion of Pacific Gas and Electric Company to dismiss the complaint of Crystal River Oil and Gas, L.L.C., is granted; the complaint is dismissed, and the proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
