5. Public Utilities Code Section 311(g)(1)
Section 311(g)(1) requires the draft decision to be (i) served on all parties, and (ii) subject to at least 30 days of public review and comment prior to a vote of the Commission. The draft decision of Administrative Law Judge Kenney was mailed on _________________. Opening comments were filed on ___________, by ___________. Reply comments were filed on _______________, by ______________. These comments have been reflected, as appropriate, in the final decision adopted by the Commission.
1. D.00-10-028 substantially reduces the amount of lost revenues that FONES4ALL may recover from the ULTS Fund.
2. FONES4ALL filed a petition to modify D.00-10-028 to increase the amount of lost revenues that FONES4ALL can recover from the ULTS Fund.
3. FONES4ALL filed a motion to stay the provisions in D.00-10-028 that reduce the lost revenues that FONES4ALL recovers from the ULTS Fund while the Commission considers FONES4ALL's petition to modify D.00-10-028.
4. FONES4ALL asserts that it will be unable to provide ULTS if its motion is not granted.
1. The motion by FONES4ALL for a partial stay of D.00-10-028 should be granted. The partial stay should apply only to FONES4ALL.
2. If FONES4ALL's petition to modify D.00-10-028 is denied, FONES4ALL should repay the ULTS Fund for the lost revenues that FONES4ALL recovers from the ULTS Fund in excess of that allowed by D.00-10-028, plus interest based on the three-month commercial paper rate published in Federal Reserve Statistical Release G-13.
3. To ensure that FONES4ALL is able to repay the ULTS Fund in the event that its petition is denied, FONES4ALL should be required to obtain a surety bond that complies with the requirements set forth in the body of this decision.
4. FONES4ALL should file and serve a compliance filing that (i) contains a copy of the surety bond required by this decision, and (ii) demonstrates that the surety bond obtained by FONES4ALL complies with the requirements of this decision. The compliance filing should be submitted no later than 30 days after the effective date of this decision.
5. The stay granted by this decision should not go into effect until FONES4ALL submits the compliance filing described in the previous Conclusion of Law.
6. The following order should be effective immediately so that its provisions may be implemented expeditiously.
IT IS ORDERED that:
1. The motion for a partial stay of Decision (D.) 00-10-028 filed by FONES4ALL Corp. (FONES4ALL) is granted subject to the conditions set forth in the following Ordering Paragraphs. The partial stay applies only to FONES4ALL.
2. If the petition to modify D.00-10-028 filed by FONES4ALL is denied, FONES4ALL shall reimburse the ULTS Fund for an amount equal to the lost revenues that FONES4ALL recovers from the ULTS Fund in excess of that allowed by D.00-10-028, plus interest based on the three-month commercial paper rate published in Federal Reserve Statistical Release G-13.
3. FONES4ALL shall obtain a surety bond that complies with the requirements set forth in the body of this decision. The bond shall remain in effect until (i) FONES4ALL's petition to modify D.00-10-028 is granted, or (ii) FONES4ALL reimburses the ULTS Fund as set forth in Ordering Paragraph 2.
4. The stay of D.00-10-028 granted by this decision shall not become effective until FONES4ALL submits a compliance filing that (i) contains a copy of the surety bond required by this decision, and (ii) demonstrates that the surety bond obtained by FONES4ALL complies with all the requirements of this decision. The compliance filing shall be submitted no later than 30 days after the effective date of this decision.
5. Failure by FONES4ALL to maintain a surety bond that complies with the requirements of this decision may be deemed good cause to (i) rescind the stay granted by this decision, and (ii) dismiss FONES4ALL's petition to modify D.00-10-028.
This order is effective today.
Dated , at San Francisco, California.
