Comments on Draft Decision
Public Utilities Code Section 311(g)(1) generally requires that the draft decision be served on all parties, and be subject to at least 30 days of public review and comment prior to a vote of the Commission. However, the comment period may be waived "in an uncontested matter where the decision grants the relief requested." (Rules of Practice and Procedure, Rule 77.7(f).) Since no one filed a response to SDG&E's petition for modification of D.01-09-013, the comment period is waived.
1. Amendment No. 1 to the First Amended and Restated Servicing Agreement between SDG&E and DWR will, if approved, facilitate implementation of the 2002 20/20 program.
2. Amendment No. 1 to the First Amended and Restated Servicing Agreement between SDG&E and DWR will, if approved, facilitate the expeditious issuance of bonds by DWR.
3. No one filed any response to SDG&E's June 21, 2002 petition for modification of D.01-09-013.
1. D.01-09-013 should be modified as specified in this decision.
2. Amendment No. 1 to the First Amended and Restated Servicing Agreement between SDG&E and DWR should be approved.
3. The comment period on the draft decision is waived.
IT IS ORDERED that:
1. The petition for modification of Decision (D.) 01-09-013, filed by San Diego Gas & Electric Company (SDG&E) on June 21, 2002, is granted as set forth below.
(a) D.01-09-013 is modified by adding new Finding of Fact 28, which shall read as follows: "SDG&E and DWR have negotiated Amendment No. 1 to the First Amended and Restated Servicing Agreement consistent with Resolution E-3770 and D.02-02-051."
(b) D.01-09-013 is modified by adding new Conclusion of Law 14, which shall read as follows: "SDG&E and DWR's Amendment No. 1 to the First Amended and Restated Servicing Agreement is reasonable and in the public interest. Accordingly it should be adopted."
(c) D.01-09-013 is modified by adding new Ordering Paragraph 10, which shall read as follows: "The `Amendment No. 1 to the First Amended and Restated Servicing Agreement' that was executed by and between the California Department of Water Resources and San Diego Gas & Electric Company, on June 21, 2002, attached as Appendix A of this decision, is approved."
2. Amendment No. 1 to the First Amended and Restated Servicing Agreement between SDG&E and DWR, a copy of which is attached to this decision as Appendix A, is approved.
3. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
APPENDIX A
