I have now received SCGC's Motion to Compel.? I note that the same 
interrogatories that TURN withdrew, SCGC is withdrawing.? Therefore, my 
original view that we can deal with this without taking up time at the PHC 
still stands.? I would like you to try to work this out by yourselves based 
upon my indication here as to how I will rule. 

The bottom line is that SoCalGas must respond to those interrogatories 
seeking to clarify which settlement is its first choice.? It is by no means 
crystal clear, and does impact the breadth of support for each settlement.? 
(In fact, I'd like to know SDG&E's view on this too.)? I think this could be 
done in a limited way as opposed to responses to all the interrogatories 
comparing the two settlements.? Whether SoCalGas has breached the Interim 
Settlement by also signing the Comprehensive Settlement is not directly 
relevant to this proceeding.? I don't need to determine that and I don't want 
to expand this already far-ranging proceeding to include that - take it to 
court if you want to.? Moreover, some of the questions are now moot as all 
prepared testimony has been lodged.? So, please meet and confer again.? If 
you can't come to an agreement based on my views in this email, then SoCalGas 
should file its Opposition on the 23rd, and I'll rule on each interrogatory 
on the 25th.? Please let me know ASAP if you've worked something out.? 

--Judge Biren 

-----Original Message----- 
From: Sullivan, Glen J. [mailto:GSullivan@sempra.com] 
Sent: Wednesday, May 17, 2000 12:11 PM 
To: 'Hayley Goodson'; alan_reid@pcp.ca; alb@cpuc.ca.gov; 
andy.bettwy@swgas.com; aod@newsdata.com; askaff@energy-law-group.com; 
bcragg@gmssr.com; bho@cpuc.ca.gov; bjeider@ci.burbank.ca.us; 
burkee@cts.com; bwood@energy.state.ca.us; ceyap@earthlink.net; 
chilen@llgm.com; chris.king@utility.com; craigc@calpine.com; 
davef@abag.ca.gov; dcarroll@dbsr.com; ed@clfp.com; edf@cpuc.ca.gov; 
eke@aelaw.com; eklinkner@ci.pasadena.ca.us; epoole@adplaw.com; 
evk1@pge.com; ewo@jmbm.com; eyq@cpuc.ca.gov; 
furutanj@efawest.navfac.navy.mil; garyb@abag.ca.gov; 
gbudin@energy.state.ca.us; ghinners@reliantenergy.com; 
grant_kolling@cerberus.city.palo-alto.ca.us; Sullivan, Glen J.; 
gtbl@dynegy.com; iep@iepa.com; igsinc@ix.netcom.com; inggm@sce.com; 
jcattermole@pcenergy.com; jkarp@whitecase.com; jleslie@luce.com; 
jmct@gmssr.com; jmpa@dynegy.com; johnj@bcjlaw.com; joseh@lif.org; 
jsteffen@iid.com; jweil@aglet.org; jwr@cpuc.ca.gov; karen@klindh.com; 
karpjos@sf.whitecase.com; kfyip@seiworldwide.com; kmccrea@sablaw.com; 
kmills@cfbf.com; lindseyhowdowning@dwt.com; lmh@eslawfirm.com; 
ltt@cpuc.ca.gov; mark.c.moench@wgp.twc.com; mcn@cpuc.ca.gov; 
mday@gmssr.com; mdjoseph@adamsbroadwell.com; mjaske@energy.state.ca.us; 
napedersen@jonesday.com; pjpowerlaw@aol.com; plg@cpuc.ca.gov; 
ram@cpuc.ca.gov; raveen_maan@cerberus.city.palo-alto.ca.us; 
raw@cpuc.ca.gov; rbw@mrwassoc.com; rczahar@aol.com; 
rgloistein@orrick.com; rick.counihan@greenmountain.com; rmp@cpuc.ca.gov; 
rochmanm@cubjpa.org; rochmanm@spurr.org; ron_oechsler@rmiinc.com; 
ronknecht@aol.com; rpelote@energy.twc.com; rpetti@ladwp.com; 
salleyoo@dwt.com; sbs@cpuc.ca.gov; skatz@sempratrading.com; 
slins@ci.glendale.ca.us; sscott3@enron.com; stomashe@energy.state.ca.us; 
tah@cpuc.ca.gov; tdickers@westerngas.com; tom.roth@et.pge.com; 
vjb@cpuc.ca.gov; 'hawiger, marcel' 
Subject: RE: I.99-07-003 

Judge Biren has asked me to convey the following information to the service 
list in this proceeding: 

In addition to TURN's motion (as circulated by TURN's email on Monday, May 
15) to compel? SoCalGas to answer portions of TURN's data request dated 
April 27, 2000, the Southern California Generation Coalition has indicated 
to the ALJ its intent to file a motion to compel SoCalGas to answer the same 
questions asked by TURN.? SCGC has said it probably will seek to compel 
SoCalGas to answer all questions originally asked by TURN, including those 
questions that TURN's motion did not seek to compel SoCalGas to answer. 
SCGC has said it will try to file this motion today or tomorrow.? Counsel 
for SCGC has informed me that he does not intend to file a motion to compel 
answers to these questions by any other parties. 

Counsel for TURN has informed me that it does not intend to file a motion to 
compel other parties to whom it sent its April 27 data request to answer any 
of those questions, but that TURN is not now willing to waive any right to 
file such a motion. 

The ALJ has stated her intent to rule on the TURN motion and the expected 
SCGC motion at the PHC on Thurs. May 25.? SoCalGas has agreed to file a 
written response by Tues. May 23, as TURN had proposed.? The ALJ does not 
intend to issue a formal, written ruling shortening time to respond to the 
motions, but wants to be sure parties understand her intent on how she will 
proceed in resolving this matter. 

-- Glen Sullivan 
Sempra Energy Law Dept. 
tel:? (619) 699-5162 
email:? gsullivan@sempra.com 
Attorney for SoCalGas and SDG&E