ALJ/AES/hkr Mailed 12/21/2004

Decision 04-12-057 December 16, 2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking for the Purpose of Amending the Rules of Practice and Procedure to Include the Use of Electronic Mail to Serve Documents in Formal Proceedings before the Commission.

Rulemaking 04-01-005 (Filed January 8, 2004)

OPINION ADOPTING RULES

TABLE OF CONTENTS

Title Page

OPINION ADOPTING RULES 22

1. Summary 22

2. Procedural Background 22

3. Discussion and Response to Comments 33

3.1 Filing 33

3.2 Definition of "Document" 55

3.3 Rule 2.3 66

Rule 2.3(a) 66

Rule 2.3(b) 77

Rule 2.3(c) 77

Rule 2.3(d) 88

Rule 2.3(e) 99

Rule 2.3(f) 1111

Rule 2.3(g) 1313

Rule 2.3(h) 1313

Rule 2.3(i) 1414

Rule 2.3(j) 1414

3.4 Rule 2.3.1 1515

Rule 2.3.1(a) 1515

Rule 2.3.1(b) 1616

Rule 2.3.1(c) 1717

Rule 2.3.1(d) 2121

Rule 2.3.1(e) 2222

Rule 2.3.1(f) 2525

Rule 2.3.1(g) 2525

Rule 2.3.1(h) 2525

Rule 2.3.1(i) 2525

3.5 Other Rules 2626

Rule 8.2 2626

Rule 17.1 2626

Rule 30 2626

Rules 31, 45, and 51.1 2626

Rule 48 2626

Rule 82 2626

Rule 88 (Forms) 2727

3.6 No Comments Received 2727

4. Conclusion 2727

5. Comments 2727

6. Categorization 2828

7. Assignment of Proceeding 2828

Finding of Fact 2828

Conclusions of Law 2828

ORDER 2828

OPINION ADOPTING RULES

1. Summary

In this order, we adopt revisions to the Rules of Practice and Procedure (Title 20, Division 1, Chapter 1 of the California Code of Regulations)¹ to allow, but not require, the routine use of electronic mail (e-mail) and posting on sites on the world wide web (web) to serve documents in Commission formal proceedings. In so doing, we make major changes to Article 2 of the Rules and minor changes to a number of other rules related to service of documents, in order to enhance compatibility with the new rules and to remove existing inconsistencies.