STATE OF CALIFORNIA GRAY DAVIS, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
June 26, 2003 Agenda ID # 2404
Ratesetting
7/10/03
Alternate to Agenda ID #2166
TO: PARTIES OF RECORD IN APPLICATIONS 01-12-042 AND 01-12-050
Enclosed is an Alternate Draft Decision of Commissioner Peevey to the draft decision of Administrative Law Judge (ALJ) Wong previously mailed to you.
The Commission may act at the regular meeting, or it may postpone action until later. If action is postponed, the Commission will announce whether and when there will be a further prohibition on communications.
When the Commission acts on the proposed decision, it may adopt all or part of them as written, amend or modify them, or set them aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
As set forth in Rule 77.6, parties to the proceeding may file comments on the enclosed alternate order no later than July 3, 2003, and reply comments no later than July 7, 2003. An original and four copies of the comments with a certificate of service shall be filed with the Commission's Docket Office and copies shall be served on all parties on the same day of filing. In addition, comments to this alternate draft must be served separately to all Commissioners, and ALJ Wong, preferably by hand delivery, overnight mail, electronic mail or other expeditious method of service. Please also serve an electronic copy to Commissioner Peevey's advisor, Kevin Coughlan, at kpc@cpuc.ca.gov.
/s/ ANGELA K. MINKIN
Angela K. Minkin, Chief
Administrative Law Judge
ANG:acb
Attachment
COM/MP1/kpc/acb DRAFT Agenda ID # 2404
Ratesetting
7/10/03
Decision ALTERNATE DRAFT DECISION OF COMMISSIONER PEEVEY
(Mailed June 26, 2003)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Tenby, Inc. for Modification or Clarification of Resolution No. G-3304. |
Application 01-12-042 (Filed Dec. 21, 2001) |
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Application of Southern California Gas Company (U 904 G) for Modification or Clarification of Resolution G-3304. |
Application 01-12-050 (Filed Dec. 13, 2001) |
Summary
Today's decision addresses the applications filed by Tenby, Inc. (Tenby) and Southern California Gas Company (SoCalGas) to modify or clarify Resolution G-3304 (Resolution). Effective December 21, 2000, the Resolution suspended the transfer of customers to core subscription service or other core service schedules except for those customers whose gas service providers were no longer offering service in California.
Tenby contends that it entered into a contract with SoCalGas on December 7, 2000 for GN-10 service beginning on January 1, 2001, and that the Resolution therefore does not apply to Tenby. SoCalGas contends that no written contract was executed by SoCalGas granting Tenby's request, and that the Resolution prevented SoCalGas from allowing Tenby to take such service.
The Commission generally disfavors issuing a decision in response to a request for declaratory relief or for an advisory opinion, unless extraordinary circumstances exist or if the matter is of widespread public interest. In order to carry out the intent of the Resolution, we clarify that the Resolution did not prevent Tenby from switching to core service as of January 1, 2001. Tenby's notice to switch was provided to SoCalGas, and such notice occurred before the effective date of the Resolution.
