C.16-04-009 ALJ/PM6/mln/ek4 PROPOSED DECISION

ALJ/PM6/mln/ek4 PROPOSED DECISIONAgenda ID #16354

Adjudicatory

Decision ______

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

BB’s Deli, LLC,
Complainant,
vs.
San Diego Gas & Electric Company (U902E),
Defendant. / Case 16-04-009

ORDER EXTENDING STATUTORY DEADLINE

Summary

This decision extends the statutory deadline for completion of this proceeding until October 12, 2018.

  1. Background

Pub. Util. Code § 1701.2(i) provides that adjudicatory cases, such as this one, shall be resolved within 12 months of initiation unless the Commission makes findings as to why that deadline cannot be met and issues an order extending that deadline. The original 12-month statutory deadline for this proceeding was April 12, 2017. The Commission has extended the statutory deadline of this proceeding and the most recent Decision (D.) 17-10-005 dated October 12, 2017, extended the statutory deadline to April 12, 2018.

On April 12, 2016, BB’s Deli, LLC (Complainant) filed this complaint against San Diego Gas & Electric Company (SDG&E), alleging that SDG&E violated its Electric Tariff Rule 12 by failing to advise its customers about the alternative rate plan.

A prehearing conference was held on June 17, 2016. On July 8, 2016, SDG&E filed a Motion for Summary Judgment. On March 14, 2017, in an effort to facilitate discussion and possible settlement between the parties, the assigned Administrative Law Judge issued a Ruling requiring the parties to inform of their discovery efforts. On April 6, 2017, the Commission issued D. 17-04-020 which extended the statutory deadline to October 12, 2017.

Complainant’s most recent response on SDG&E’s Motion for Summary Judgment was filed on July 21, 2017. The parties do not appear likely to informally resolve the matter. Accordingly, the assigned Administrative Law Judge is preparing a proposed decision for public review and comments, which is anticipated to be mailed by March 26, 2018. The decision will not be on the Commission’s agenda for completion by April 12, 2018. Therefore, an additional extension of time is necessary.

2. Waiver of Comment Period

Under Rule 14.6(c)(4) of the Commission’s Rules of Practice and Procedure, the Commission may waive the otherwise applicable 30-day period for public review and comment on a decision that extends the 12-month deadline set forth in Pub. Util. Code § 1701.2(i). Under the circumstances of this case, it is appropriate to waive the 30-day period for public review and comment.

3. Assignment of Proceeding

Martha Guzman Aceves is the assigned Commissioner and
Patricia B. Miles is the assigned Administrative Law Judge and presiding officer in this proceeding.

Findings of Fact

  1. On April 12, 2016, Complainant filed this complaint against SDG&E.
  2. On May 27, 2016, SDG&E file its answer claiming that the complaint has no merit and requesting dismissal of the complaint.
  3. The 12-month statutory deadline in this proceeding was April 12, 2017. The Commission has extended the statutory deadline of this proceeding and the most recent D.17-10-005 dated October 12, 2017, extended the statutory deadline to April 12, 2018.
  4. The parties have been engaged in discovery disputes and do not appear likely to achieve informal resolution. Accordingly, the assigned ALJ must finalize a proposed decision for public review and comments.
  5. This Commission needs additional time to conclude this proceeding, as it will not be completed by April 12, 2018.

Conclusion of Law

Pursuant to the authority granted to the Commission under Pub. Util. Code § 1701.2(i), the statutory deadline should be extended to October 12, 2018.

IT IS ORDERED that:

  1. The time for completion of this proceeding is extended until October 12, 2018.
  2. The 30-day period for review and comment on this order is waived.

This order is effective today.

Dated ______, at San Francisco, California.

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