2. Procedural Background

Complainant California Alliance for Utility Safety and Education (CAUSE) filed its complaint on December 20, 2004 and filed an amended complaint on February 14, 2005. The original defendants, San Diego Gas & Electric Company (SDG&E) and the City of San Diego (City), filed their answers to the original complaint and amended complaint on February 17, 2005. The City also filed a motion to dismiss the complaint as to it on February 17, 2005. This motion was granted by an Administrative Law Judge (ALJ's) Ruling Granting Motion to Dismiss on April 6, 2005.1 A prehearing conference (PHC) was held in San Diego on March 22, 2005.2 The Scoping Memo and Ruling of Assigned Commissioner (April 25, 2005) confirmed the preliminary determination that this is an adjudicatory matter; an evidentiary hearing was also required. The evidentiary hearing was held in San Diego on August 2, 2005. The parties filed closing briefs on August 25, 2005 and reply briefs on September 2, 2005. This matter was submitted on September 2, 2005.

1 We now confirm this ruling.

2 On April 1, 2005, SDG&E filed a Supplement to its answer, attaching a document requested by the ALJ at the PHC.

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