STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

December 2, 2004 Agenda ID# ____

Alternate to Agenda ID# 4077

Quasi-Legislative

TO: PARTIES OF RECORD IN RULEMAKING 03-09-006.

Enclosed is the Alternate Draft Decision of Commissioner Wood to the Draft Decision of Administrative Law Judge (ALJ) Malcolm, previously mailed to you.

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

Public Utilities Code Section 311(e) requires that an alternate to a draft decision be served on all parties, and be subject to public review and comment prior to a vote of the Commission. Rule 77.6(d) provides that comments on the alternate draft decision be filed at least seven days before the Commission meeting.

Comments on the alternate decision must be filed and served December 10, 2004.

Reply comments are due on December 14, 2004.

Pursuant to Rule 77.3 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. Please also provide an electronic copy of the comments to Steven Weissman at SAW@cpuc.ca.gov.

/s/ ANGELA K. MINKIN

Angela K. Minkin

Chief Administrative Law Judge

ANG: mnt

COM/CXW/mnt ALTERNATE DRAFT

Agenda ID ____

(Alternate to Agenda ID #4077)

Quasi-Legislative

Decision ALTERNATE DRAFT DECISION OF COMMISSIONER WOOD (Mailed 12/2/04)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's own motion for the purpose of considering policies and rules governing utility construction contracting processes.

Rulemaking 03-09-006 (Filed September 4, 2003)

ORDER ADOPTING RULES FOR UTILITY CONSTRUCTION CONTRACTING