Background
The Commission's December 11, 2001 order that established this proceeding fully describes the background and history of the Commission's order, adopted in Decision (D.) 01-10-059, that PG&E tender its NOI for a test year 2003 GRC no later than November 14, 2001. We do not restate the entire background here.
PG&E failed to tender its NOI to the Commission by the close of business on November 14, 2001, and it failed to inform the Commission of its determination that it could not meet the November 14 deadline until after the close of business on that date. The Commission subsequently opened this OII and the accompanying OSC into the actions of PG&E and its officers and employees to determine whether they failed to comply with D.01-10-059, whether they should be held in contempt, and whether they should be subject to the penalties provided for in the Public Utilities Code.
A hearing was convened on December 19, 2001 as directed by OII/OSC. The hearing was immediately recessed and a prehearing conference was immediately convened so that procedures could be established for consideration of PG&E's proposal for resolving this proceeding.1 The Administrative Law Judge (ALJ) directed PG&E to file a motion for adoption of its proposal and provided for expedited filing of staff's response to PG&E's motion. The ALJ also directed PG&E to serve its motion on parties in Application (A.) 97-12-020, Investigation (I.) 97-11-026, A.94-12-005, and I.95-02-015 (PG&E's test year 1999 GRC and related matters) as well as parties in this proceeding. Finally, the ALJ directed PG&E to provide notice in its motion that the Commission had before it a proposal for PG&E tendering an NOI for a test year 2003 GRC on or before April 15, 2002, and that comments limited to the appropriateness of the proposed NOI tender date could be filed on or before December 28, 2001.
On December 20, 2001 PG&E filed its Motion of Pacific Gas and Electric Company to Adopt Proposal to Resolve Issues, which included the required notice of the proposed NOI tender date and notice of opportunity to comment on the proposed date. Commission staff filed a response in support of PG&E's motion on December 21, 2001. No party has filed comments on the appropriateness of the proposed NOI tender date.
