Subject: alert - - new wording in cpuc da decision implies retroactive actions
just to alert you . the new cpuc proposed decision to suspend da to be voted on next week has some language of concern and i wanted you to be aware of it this new language , which was circulated today , implies some retroactive action by the cpuc - - but not on the suspension issue . so , some financial risk is possible . the language follows . we will endeavor to get the language removed ( long - shot ) or clarified ( also long - shot ) .
the new draft says . . . " we suspend the right to enter into new contracts for direct access effective today . all other issues dealing with contracts signed before today remain under consideration by the commission ( in response to the comments already received ) and will be resolved in a subsequent decision . in other words , no contracts for direct access may be signed after today ; the effect to be given to contracts signed before today , including renewals of such contracts , will be addressed in a subsequent decision . "
the " conclusions of law include :
" 2 . the right to enter into new contracts for direct access should be suspended as of the date of this order .
3 . the effect to be given to contracts signed before today , including renewals of such contracts , as well as comments of the parties will be addressed in a subsequent decision . "
and the " ordering " paragraph states :
" [ 3 . ] the right to enter into new contracts for direct access is suspended as of the date of this order . "
" 5 . this phase of the proceeding remains open for further consideration of comments of the parties , including the effect to be given to contracts signed before today , including renewals of such contracts . "