Subject: fw : status of cpuc proposed decisions on direct access suspension
there was a discussion on this morning ' s call regarding the status of puc actions regarding da suspension . we requested a legal opinion from out outside regulatory counsel . it is attached . if you have any questions , please don ' t hesitate to contact sue mara ( 415 . 782 . 7802 ) or me ( 415 . 782 . 7822 ) .
best ,
jeff
- - - - - original message - - - - -
from : mday [ mailto : mday @ gmssr . com ]
sent : monday , september 17 , 2001 12 : 45 pm
to : ' jeff dasovich enron sf '
cc : ' sue mara at enron sf '
subject : status of cpuc proposed decisions on direct access suspension
jeff :
at your request i am offering this memo to explain the status of the agenda
items before the cpuc on the issue of suspension of the direct access
program . there are two pending draft decisions at this time , the first is
the proposed decision of alj barnett ( item h - 7 on the last agenda ) which was
modified by a changed version submitted by pres . lynch at 2 : 45 pm on 9 - 5 - 01 ,
the day before the last meeting . this version indicated that direct access
was suspended as of the date of the order ( which would have been sept . 6 )
and states in another ordering paragraph that the utilities are to advise
their customers that the suspension is effective sept . 6 , 2001 , specifically
naming that date . this order would have been interpreted to suspend direct
access as of sept . 6 if it had been voted out that day . the other item ,
agenda item h - 7 a on the last agenda , is the bilas alternate decision which
calls for hearings to determine the impact of direct access on the issuance
of bonds , and does not suspend direct access at this time .
please be advised that the suspension date contained in h - 7 can and probably
will be changed before the orders are considered at the cpuc meeting on
sept . 20 . either the sept 6 date will be changed to the 20 th of sept . , or
some other specific date could be inserted at all the locations in the order
dealing with the suspension date . all that is required to make this change
is the distribution of a changed page on the escutia table before the
commission meeting . thus , it is important for all direct access supporters
to continue to urge the commission , especially commissioner brown , to
support a suspension date later than sept . 6 , because it is so easy for the
date to be altered under commission procedures .
please let me know if you require any additional information on this
subject .
mike day
goodin , macbride , squeri , ritchie & day