Comments on Draft Decision

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Findings of Fact

1. In light of the parties' settlement and given the completeness of the Settlement Agreement and Joint Motion seeking its approval, the ALJ held no hearings.

2. In Paragraphs 3 and 7 of the Settlement Agreement, the parties have provided for certain reporting and accounting provisions, which the named party or parties may elect to implement.

Conclusions of Law

1. The settlement between PG&E, CPSD, and CCSF is an all-party settlement.

2. Subject to the additional requirements listed in Conclusion of Law 2, the Settlement Agreement is not adverse to the public interest and should be approved.

3. To ensure the Commission may fully and effectively monitor the Settlement Agreement (a) PG&E should provide, in its next GRC, A.05-12-002, the accounting of the total $6.5 expenditure, as referenced in Paragraph 3 of the Settlement Agreement and (b) CPSD should exercise its rights under Paragraph 7 of the Settlement Agreement to obtain a list from CCSF of the ultimate uses of the $750,000 targeted for improvement of San Francisco public safety infrastructure.

4. No hearings are necessary.

5. In order to provide timely direction to the parties and any interested persons or entities, this order should be effective immediately.

O R D E R

IT IS ORDERED that:

1. The October 18, 2005 Joint Motion For Approval of Settlement Agreement filed by Pacific Gas and Electric Company (PG&E), the Consumer Protection and Safety Division (CPSD), and the City and County of San Francisco (CCSF), as amended by the October 19, 2005 Supplement to Joint Motion for Approval of Settlement Agreement, and November 15, 2005 Supplement to Joint Motion for Approval of Settlement Agreement, is granted and the Settlement Agreement is approved, subject to the following requirements:

(a) PG&E shall provide, in its next general rate case proceeding, A.05-12-002, an accounting of the total $6.5 million expenditure, as referenced in Paragraph 3 of the Settlement Agreement, and

(b) CPSD shall exercise its rights under Paragraph 7 of the Settlement Agreement to obtain a list from CCSF of the ultimate uses of the $750,000 targeted for improvement of San Francisco public safety infrastructure.

2. Within 60 days of the effective date of this opinion, PG&E shall submit $500,000 to the State of California General Fund. Proof of payment shall be filed and served on the service list and shall be provided to the Executive Director of the California Public Utilities Commission within five days of payment.

3. No hearings need to be held.

4. Investigation 05-03-011 is closed.

This order is effective today.

Dated February 16, 2006, at San Francisco, California.

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