STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

February 26, 2004 Agenda ID #3283

TO: PARTIES OF RECORD IN CASE 02-11-032

Enclosed is the draft decision of Administrative Law Judge Reed. The decision will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then, or it may postpone action until later.

When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ Angela K. Minkin

Angela K. Minkin, Chief

Administrative Law Judge

ANG: avs

ALJ/JAR/avs DRAFT Agenda ID #3283

Adjudicatory

Decision DRAFT DECISION OF ALJ REED (Mailed 2/26/2004)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Stuart L. Posselt, Complainant, vs. Pacific Bell Telephone Company, Defendant.

Case 02-11-032 (Filed November 7, 2002)

OPINION DISMISSING COMPLAINT

Summary

This decision dismisses the complaint of Stuart L. Posselt (Posselt) against Pacific Bell Telephone Company, doing business as SBC California, for failure to state a cause of action or set forth a violation of any statute, Commission order, rule or regulation. Case 02-11-032 is closed.