Draft Decision
The OII/OSC designated this an adjudicatory proceeding, and there have been no appeals of such designation. However, we have determined that PG&E's uncontested proposal for resolving this proceeding is reasonable and should be adopted. No evidence has been taken, and we decide this matter on the record of this proceeding, which record is described herein. Further hearings are not required. Therefore, the procedures for adjudicatory proceedings enumerated in Pub. Util. Code Section 1701.2(a) and Rule 8.2 of the Rules of Practice and Procedure are not invoked, and it is not necessary for the presiding officer to issue a presiding officer's decision prior to, or in lieu of, our consideration of the matter.
At the prehearing conference, all parties stipulated to a waiver of comment on the draft decision. In accordance with Pub. Util. Code Section 311(g)(2), we issue our decision today without having received such comment.
Findings of Fact
1. PG&E failed to tender its NOI for a 2003 GRC by November 14, 2001 as ordered by D.01-10-059.
2. PG&E failed to inform the Commission until after the close of business on November 14, 2001 of its determination that it was impossible to prepare a fully developed NOI 2003 GRC showing in only twenty days.
3. PG&E proposes to tender an NOI for a test year 2003 GRC no later than April 15, 2002.
4. PG&E agrees to voluntarily pay a penalty of $500 per day beginning on January 9, 2002 and continuing each day until it tenders its NOI for the test year 2003 GRC. Should PG&E take the entire allowed time, up to and including April 15, 2002, the penalty would be for 96 days and would be in the sum of $48,000.
5. PG&E agrees that an April 15, 2002 deadline for tendering the NOI for the 2003 GRC provides a reasonable and sufficient time to comply with the Commission's order in D.01-10-059 to tender the NOI; and in approving PG&E's proposal for resolving this proceeding, the Commission accepts PG&E's determination that a deadline of April 15, 2002 provides reasonable and sufficient time for said compliance.
6. PG&E explicitly understands and recognizes that the Commission has the need, right, and authority to periodically review the costs of PG&E and all utilities that it regulates, and that the 2003 GRC is an appropriate vehicle to accomplish that goal.
7. PG&E explicitly recognizes that it failed to timely notify the Commission that it was not able to meet the November 14, 2001 deadline set by the Commission in D.01-10-059. PG&E acknowledges and states that it takes seriously its obligation to comply with the Commission's orders and regrets that it failed to provide a timely response to D.01-10-059.
8. Commission staff supports PG&E's proposal for resolving all issues in this proceeding, and no other party has stated any opposition to the proposal.
9. Parties in A.97-12-020 et al. and in this proceeding were notified of PG&E's proposal to tender its NOI for a test year 2003 GRC not later than April 15, 2002, and were provided with an opportunity to comment on the appropriateness of that latest date. No party has stated any opposition to this proposal.
10. All parties have stipulated to a waiver of review of and comment on the draft decision.
Conclusions of Law
1. PG&E's proposal for resolving all issues in this proceeding is reasonable in light of the whole record, consistent with law, and in the public interest. It should therefore be adopted as set forth in the following order.
2. PG&E's agreement to pay a penalty here has no effect or precedential value on other issues or proceedings addressing penalties.
3. Further hearings in this matter are not necessary, and the issuance of a presiding officer's decision is unnecessary.
4. Based on the stipulation of all parties, review of and comment on the draft decision should be waived.
5. This proceeding should be closed.
IT IS ORDERED that:
1. The Motion of Pacific Gas and Electric Company [(PG&E)] to Adopt Proposal to Resolve Issues is granted as set forth herein.
2. PG&E shall tender a Notice of Intent (NOI) for a test year 2003 general rate case no later than April 15, 2002.
3. PG&E shall pay a penalty of $500 per day beginning on January 9, 2002 and continuing each day until it tenders its NOI for the test year 2003 GRC, payable to the California Public Utilities Commission for deposit to the General Fund of the State of California. Should PG&E take the entire time allowed under Ordering Paragraph 2, up to and including April 15, 2002, the penalty would be for 96 days and would be in the sum of $48,000. PG&E shall pay all accumulated daily penalties on or before April 25, 2002 as set forth in the foregoing discussion. PG&E is placed on notice that should it fail to comply with this Order, additional and more substantial penalties may be imposed by the Commission as provided under law.
4. This proceeding is closed.
This order is effective today.
Dated April 4, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
APPENDIX A
APPEARANCES
NORMAN J. FURUTA
Attorney at Law
DEPARTMENT OF THE NAVY
2001 Junipera Serra Blvd., Suite 600
Daly City, CA 94014-1976
(650) 746-7312
Fax# (650) 746-7372
Appearing for Federal Executive Agencies
Interested Party
FurutaNJ@efawest.navfac.navy.mil
REED V. SCHMIDT
BARTLE WELLS ASSOCIATES
1889 Alcatraz Avenue
Berkeley, CA 94703
(510) 653-3769
Appearing for California City-County Street Light Association
Interested Party
BRUCE J. WILLIAMS
SEMPRA ENERGY
101 Ash Street
San Diego, CA 92101
(619) 696-4027
Appearing for Sempra Energy
Interested Party
ROBERT L. BORDON
Attorney at Law
Robert D. Glynn, Jr., Gordon R. Smith, Daniel Richard Jr.
PACIFIC GAS AND ELECTRIC COMPANY
77 Beale Street
San Francisco, CA 94106
(415) 973-6848
Appearing for Pacific Gas and Electric Company
Respondent
PETER ALLEN
Attorney at Law
Albert Guerrero
Attorney at Law
CALIFORNIA PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco, CA 94102
(415) 703-1471
Fax#(415) 703-2262
Appearing for Commission Staff
STATE SERVICE
MARK S. WETZELL
Administrative Law Judge Division
Presiding Officer
505 Van Ness Ave., Area 4-A
San Francisco, CA 94102
(415)703-1491
DONALD J. LAFRENZ
Energy Division
505 Van Ness Ave., Area 4-A
San Francisco, CA 94102
(415) 703-1063
(END OF APPENDIX A)
