Compliance with Rule 47(d)

Rule 47(d)⁶ provides in part that "If more than one year has elapsed [since the effective date of the decision proposed to be modified], the petition must also explain why the petition could not have been presented within one year of the effective date of the decision." PG&E explains that during the 2000-2001 energy crisis the Commission altered the payment provisions of PG&E's PPAs, and that the Governor did not rescind the January 17, 2001 state of emergency declaration until November 13, 2003. PG&E further explains that it appeared PG&E should not move to modify D.01-03-067 until PG&E emerged from bankruptcy. As PG&E has now emerged from bankruptcy it has filed this petition.