San Francisco

M E M O R A N D U M

Date :January 11, 1996

To :All parties to the electric restructuring proceeding

From :Pete Arth, Jr., General Counsel

Lynn T. Carew, Chief Administrative Law Judge

File No.:R.94-04-031/I.94-04-032

Subject :Effective date and date of issuance

At yesterday's Commission meeting, President Fessler asked us to prepare a written clarification of key dates related to the electric restructuring decision approved on December 20, 1995 (D.95-12-063) and the order issued yesterday (D.96-01-009) correcting certain inadvertent errors in D.95-12-063.

1. The effective date of D.95-12-063 was December 20, 1995, as stated in the last line of that decision ("This order is effective today") and confirmed in D.96-01-009.

2. The due dates for filings and other actions that D.95- 12-063 requires within a specified number of days from its effective date are to be calculated from December 20, 1995. Rule 8.11 of the Commission's Rules of Practice and Procedure describes how time limits are calculated.

3. Under Public Utilities Code Section 1731(b), applications for rehearing must be filed "within 30 days after the date of issuance" of a decision. Section 1731(b) defines the date of issuance for these purposes as "the date when the commission mails the order or decision to the parties to the action or proceeding." Thus, applications for rehearing of either D.95-12-063 or D.96-01-009 are due within 30 days after the date the decisions are mailed.

4. Under Rule 47(d), petitions for modification must be filed within one year of the effective date of the decision proposed to be modified unless persuasive justification for a later filing is stated. Thus, petitions for modification of D.95-12-063 are due by December 20, 1996, unless they fall within the exception provided in Rule 47(d).

We hope these clarifications are helpful and avoid misunderstandings.