Peevey Comment Dec. Amending General Order 156 and Calling for Workshops

IX. Filing of Reports

The rulemaking listed the utilities subject to GO 156 in Appendix B and made them respondents to this rulemaking. Many of the respondent utilities filed the WMDVBE report required by the rulemaking. (See Appendix B to this order for a list of respondents, and whether or not they filed the required report.¹⁰) However, some utilities did not file the required report. We assume that some of these utilities may have found it difficult to comply because they previously have not filed annual WMDVBE reports with the Commission and, therefore, do not have the data necessary to file the requested report.

All respondent utilities are put on notice that they are required to comply with GO 156. We direct that CPID monitor the annual WMDVBE reports filed for 2003, and forward a list of utilities who do not comply with GO 156 to the Executive Director for the Commission to evaluate whether to institute an enforcement proceeding against these utilities.¹¹ We emphasize that we are seeking compliance with GO 156, and not to penalize a utility. However, failure to comply with the requirements of a Commission GO is grounds for seeking and assessing penalties.

¹⁰ Some of the utilities have sought permission to file their reports late. These requests either have been granted by ALJ ruling or are granted as more specifically set forth in Appendix B. ¹¹ Failure to file a report as required by this rulemaking, among other things, will be viewed as an aggravating factor in assessing penalties.