Discussion

Transwestern's motion raises the issue of whether it was denied a fair opportunity to be heard. Transwestern complains that the format of the second meet-and-confer and more importantly the format of the report resulting from the meet-and-confer have denied Transwestern a fair opportunity to express its position on the issues raised by other parties.

Transwestern's position lacks merit. The purpose of the second meet-and-confer was to establish a list of what parties alleged are changed circumstances for the use of the assigned ALJ and Assigned Commissioner in developing a scoping memo. To the extent "changed circumstances" contained in the second meet-and-confer report are included within the scope of this proceeding, Transwestern will have an opportunity to respond in its testimony, cross-examine other parties at hearing and file closing briefs to address any changed circumstances contained in the second meet-and-confer report and included within the scope of this proceeding. Consequently, the motion of Transwestern should be denied.

IT IS RULED that: the Transwestern Pipeline Company's Motion for Clarification is denied.

Dated September 29, 2003, at San Francisco, California.

		/s/ JOSEPH DEULLOA by LTC
		Joseph DeUlloa Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Denying Transwestern Pipeline Company's Motion for Clarification on all parties of record in this proceeding or their attorneys of record.

Dated September 29, 2003, at San Francisco, California.

/s/ KE HUANG

Ke Huang

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