STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

Alternate to Agenda ID# 1722

February 13, 2003 Ratesetting

TO: PARTIES OF RECORD IN RULEMAKING 02-01-011

Enclosed is the Alternate Draft Decision of Commissioner Loretta Lynch to the Draft Decision of Administrative Law Judge (ALJ) Thomas Pulsifer previously mailed to you.

When the Commission acts on this agenda item, it may adopt all or part of it as written, amend or modify it, or set aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Public Utilities Code Section 311(e) requires that an alternate to a draft decision be served on all parties, and be subject to public review and comment prior to a vote of the Commission. Rule 77.6(d), provides that comments on the alternate draft decision be filed at least seven days before the Commission meeting.

Pursuant to Rule 77.3 comments shall not exceed 15 pages. Finally comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service. Please also provide an electronic copy of the comments to Robert Kinosian at gig@cpuc.ca.gov.

________________________

Angela K. Minkin, Chief

Administrative Law Judge

ANG:epg

Attachment

COM/LYN/epg ALTERNATE DRAFT

Alternate to Agenda ID #1722

Ratesetting

Decision ALTERNATE DECISION OF COMMISSIONER LYNCH (Mailed 02/13/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking Regarding the Implementation of the Suspension of Direct Access Pursuant to Assembly Bill 1X and Decision 01-09-060.

Rulemaking 02-01-011 (Filed January 9, 2002)

ORDER ADOPTING COST RESPONSIBILITY
SURCHARGE MECHANISMS FOR