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ALJ/GEW/sid DRAFT CA-4

Decision DRAFT DECISION OF ALJ WALKER (Mailed 8/28/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Crystal River Oil and Gas, L.L.C.,

          Complainant,

      vs.

Pacific Gas and Electric Company,

              Defendant.

Case 00-07-004

(Filed July 6, 2000)

 

O P I N I O N

1. Summary

Crystal River Oil and Gas, L.L.C. (Crystal), which operates natural gas fields in Northern California, filed this complaint against Pacific Gas and Electric Company (PG&E) on July 6, 2000, contesting PG&E's announced decision to disconnect Crystal's Durham Field in Butte County. Crystal at the same time filed a motion for a temporary restraining order to prevent the disconnection. PG&E on shortened notice responded on July 14 to the complaint and the motion for a restraining order, and also filed a motion to dismiss for failure to state a cause of action. In a ruling dated July 18, the assigned Administrative Law Judge denied the motion for a temporary restraining order and directed Crystal to respond to the motion to dismiss by July 27. Crystal did so. After consideration of all of the pleadings and declarations, the motion to dismiss is granted. This proceeding is closed.1

1 We had initially categorized this complaint as an adjudicatory proceeding and indicated that an evidentiary hearing would be needed. However, in light of our determination that the motion to dismiss should be granted, we determine that no hearing is necessary, and change our prior determination accordingly.

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