Comments on Draft Decision

The draft decision of Administrative Law Judge Michelle Cooke 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 .

Findings of Fact

1. There is no dispute that the December 1997 USO1 contract executed by Monsanto and SDG&E governs energy and capacity deliveries by Monsanto.

2. Monsanto's USO1 contract requires it to bid its excess energy into the PX and receive payment by the PX for that energy once the PX begins operations.

Conclusions of Law

1. D.96-10-036 was intended to eliminate price advantages of new USO1 contracts, not just deal with dispatch of power.

2. Monsanto's petition to modify should be denied.

ORDER

IT IS ORDERED that:

1. Monsanto Company's petition to modify Decision 96-10-036 is denied.

2. Application (A.) 95-11-057, A.96-01-008, and A.96-01-014 are closed.

This order is effective today.

Dated , at San Francisco, California.

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