6. Public Review and Comment/Request for Hearing

Interested parties may submit written comments to the Commission on the proposed repeal of Rule 63.2(b). Such comments shall be filed and served no later than 5:00 p.m. on March 11, 2002 (45 days after publication of the notice in the California Regulatory Notice Register). Replies to comments made by other parties shall be filed by no later than 5:00 p.m. on March 21, 2002 (55 days after publication of the notice in the California Regulatory Notice of Register). Comments and reply comments shall also be concurrently mailed to ALJ Myra J. Prestidge at 505 Van Ness Avenue, San Francisco, CA 94102 or e-mailed to ALJ Prestidge at tom@cpuc.ca.gov.

Although the Commission does not plan to hold a hearing on this matter, interested parties may request a public hearing in writing by no later than 5:00 p.m. on March 6, 2002 (15 days before the close of the written comment period). Written requests for a hearing shall be filed, served, and mailed to ALJ Prestidge as indicated above. If a hearing is scheduled, we will notify the public as required by law.

Findings of Fact

1. For reasons set forth in the Discussion section of the foregoing decision, a rulemaking is appropriate to consider repeal of Rule 63.2(b) to eliminate petitions for the automatic challenge of the assigned ALJ in ratesetting proceedings.

2. This rulemaking is quasi-legislative and will not need an evidentiary hearing.

Conclusions of Law

1. The Commission is not required by state law to permit petitions for automatic reassignment of the ALJ in ratesetting proceedings.

2. Today's order should be effective immediately so as to enable prompt consideration of the proposed rule changes.

ORDER

IT IS ORDERED that:

3. A rulemaking proceeding is hereby instituted on the Commission's own motion to consider the repeal of Rule 63.2(b), and to make minor related amendments to Rule 63.2(c) and (d).

4. The Executive Director shall serve a copy of this order on the service list in Appendix B.

5. The Chief Administrative Law Judge shall promptly submit a notice of the proposed amendments, along with any other necessary documents, to the Office of Administrative Law for publication in the California Regulatory Notice Register.

6. All interested parties may submit written comments on the proposed amendments by no later than March 11, 2002, and reply comments by no later than March 21, 2002. Comments shall be filed with the Commission Docket Office in accordance with the Rules of Practice and Procedure and shall be served on the service list in Appendix B. Comments shall also be mailed to ALJ Prestidge at 505 Van Ness Avenue, San Francisco, CA 94102 or e-mailed to ALJ Prestidge at tom@cpuc.ca.gov.

7. All interested parties may request a public hearing on the proposed repeal of Rule 63.2(b) and the related amendments to Rule 63.2(c) and (d) in writing by no later than March 6, 2002. These requests shall be filed with the Commission Docket Office in accordance with the Rules of Practice and Procedure and shall be served on the service list for R.99-11-021. Requests for a public hearing shall also be mailed to ALJ Prestidge at 505 Van Ness Avenue, San Francisco, CA 94102 or e-mailed to ALJ Prestidge at tom@cpuc.ca.gov.

This order is effective today.

Dated January 9, 2002, at San Francisco, California.

LORETTA M. LYNCH

President

HENRY M. DUQUE

RICHARD A. BILAS

CARL W. WOOD

GEOFFREY F. BROWN

Commissioners

TITLE 20. PUBLIC UTILITIES AND ENERGY

Division 1. Public Utilities Commission

Section 63.2. (Rule 63.2) Petitions for Automatic Reassignment.

(a) A party to a proceeding preliminarily determined to be adjudicatory under Rule 6(a)(1) or 6(d), or determined to be adjudicatory under Rule 6(b)(1) or 6(c)(1), shall be entitled to petition, once only, for automatic reassignment of that proceeding to another Administrative Law Judge in accordance with the provisions of this subsection. The petition shall be filed and served in the proceeding where reassignment is sought, and on the Chief Administrative Law Judge and the President of the Commission. The petition shall be supported by declaration under penalty of perjury (or affidavit by an out-of-state person) in substantially the following form:

______________ , [declares under penalty of perjury:] That [s]he is [a party] [attorney for a party] to the above-captioned adjudicatory proceeding. That [declarant] believes that [s]he cannot have a [fair] [expeditious] hearing before Administrative Law Judge [to whom the proceeding is assigned]. That declarant [or the party declarant represents] has not filed, pursuant to Rule 63.2, any prior petition for automatic reassignment in the proceeding.

Dated ________________, at ___________________, California.

__________________

[Signature]

Except as provided in Rules 63.3 and 63.4, no party in an adjudicatory proceeding will be permitted to make more than one petition for reassignment in the proceeding. In an adjudicatory proceeding where there is more than one complainant or similar party, or more than one defendant or similar party, only one petition for automatic reassignment for each side may be made.

Where the party seeking automatic reassignment is one of several parties aligned on the same side in the proceeding, the declaration shall include a showing that either (1) no previous petition for automatic reassignment has been filed in the proceeding, or (2) the interests of the petitioner are substantially adverse to those of any prior petitioner for automatic reassignment in the proceeding.

(b) Any petition and supporting declaration filed pursuant to subsection (a) of this rule shall be filed no later than 10 days after the date of the notice of the assignment or reassignment.

(c) Upon the filing of a petition for automatic reassignment, the Chief Administrative Law Judge, subject only to the restrictions in this rule on the number and timeliness of petitions in a given proceeding, shall issue a ruling reassigning the proceeding to another Administrative Law Judge. The Chief Administrative Law Judge, in consultation with the President of the Commission, shall issue a ruling explaining the basis for denial whenever a petition for automatic reassignment is denied.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Section 1701.2, Public Utilities Code.

(END OF APPENDIX A)