2. Background and Procedural History

The assigned Commissioner's September 29, 2009 Ruling and Scoping Memo bifurcated this proceeding and Phase I later culminated in Decision (D.) 10-04-037. (For a procedural history of Phase I, see that decision at 1-4.) Phase II subsequently was taken off calendar to await the outcome of the related Rulemaking (R.) 09-03-014, which occurred on December 16, 2010. The assigned Administrative Law Judge (ALJ) activated Phase II on December 21, 2010, by setting a Prehearing Conference (PHC) for January 18, 2011, and requesting counsel to meet, confer and file and serve a joint case management statement. The PHC then was rescheduled for January 31, 2011. In lieu of a joint case management statement California Water Service Company (Cal Water) and Division of Ratepayer Advocates (DRA) on January 27, 2011, filed a joint motion to close the proceeding, accompanied by a Memorandum of Understanding, which became the main subject of the PHC. After reviewing the pending Phase II issues with parties during the PHC, the assigned ALJ took that motion under advisement, indicating that a ruling on the motion would be forthcoming. This decision grants the motion and closes the proceeding.