Potential for Settlement
In its PHC statement, PG&E stated that this proceeding may be susceptible to the use of an alternative dispute resolution approach and suggests that the Commission schedule an initial alternative dispute resolution session shortly after the submission of the parties' reply testimony. I encourage the use of alternative dispute resolution whenever possible and encourage the parties to seriously explore whether a mutually acceptable settlement of this matter is possible, either in whole or in part, after assessing the risks and costs of litigation and the strengths and weaknesses of their own positions.
Should the parties reach a mutual determination that mediation might assist them in reaching agreement in this proceeding, the Administrative Law Judge Division will provide the parties with a trained mediator. If the parties desire the services of a mediator, they should contact the assigned Administrative Law Judge (ALJ) by email (jmh@cpuc.ca.gov ) as soon as practicable and the ALJ will convey that request to the Assistant Chief ALJ who administers the mediation program.5 At a minimum, parties should explore the possibility of a joint stipulation of facts.
5 Assistant Chief ALJ Philip S. Weismehl currently administers the Commission mediation program. (psw@cpuc.ca.gov.)
