6. The Burden of Proof

There is a natural litigation advantage enjoyed by utilities,⁸ and the Commission has long recognized this fact in articulating the relevant burden of proof. SDG&E has the sole obligation to provide a convincing and sufficient showing to meet the burden of proof, and any active participation of other parties can never change that obligation. ⁹

The utility, not the staff or interested parties, is obliged to meet this burden by showing with clear and convincing evidence that its course of action was reasonable and therefore entitled to ratemaking recovery. As discussed below, we find that in this proceeding SDG&E has met its burden.

⁸ This advantage is discussed at length in D.00-02-046, a recent rate case for PG&E.

⁹ D.87-12-067, 27 CPUC 2d, 1, 21, and footnote 1 at p. 169.