Issues to be Resolved

The ultimate issue that both parties seek to resolve is whether or not Tenby was entitled to GN-10 gas service from SoCalGas for the month of January 2001. A Commission decision which clarifies or modifies the Resolution in the manner requested by Tenby or SoCalGas, could have a significant impact on the outcome of the pending litigation in the Superior Court.

The March 7, 2002 ALJ ruling recognized that the Commission is reluctant to issue a decision in response to a request for declaratory relief, and directed the parties to explain why the Commission should clarify or modify the Resolution. Thus, before addressing the issue of whether the Resolution should be clarified or modified, we must determine whether the applications of Tenby and SoCalGas are requests for declaratory relief. If the applications are requests for declaratory relief, then we must address whether compelling reasons exist for us to clarify or modify the Resolution.

The final issue to address in this decision is the status of Tenby's discovery efforts.