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."