Greetings Eve and Bill:
This has been forwarded to Delainey and Dorothy.  It's originating with AreM.  Delainey's distributing to some, I'm distributing to others.  The Chamber's already agreed to join.  If we're to have any hope of a) maintaining DA and b) eliminating any chance of a retroactive date, seems that we'll need as many folks signing on as possible.  Please see attached.  We hope that you can join.
 
All the best,
Jeff
-----Original Message-----
From: Dan Douglass [mailto:douglass@earthlink.net]
Sent: Sunday, September 23, 2001 12:08 AM
To: ARM; Gary Ackerman; Vicki Sandler; Anderson, Robert; Merilyn Ferrara; Max Bulk; John Yurkanin; Steve Huhman
Subject: Draft Application for Rehearing


Attached for your review and comment is a draft application for rehearing of the Commission's Thursday Decision 01-09-060 suspending the right of direct access.  Although we have prevailed (at least for now) on the issue of retroactivity, the decision still violates various provisions of state and federal law.  If any party wishes to preserve the right to legally challenge this decision, it must file an application for rehearing within ten days.  The attached draft is tentatively dated September 28, meaning that it would be filed next Friday.
 
The primary reasons cited for why rehearing should be granted are as follows: 


The Decision violates procedural due process guarantees.

The failure to hold hearings violates Public Utilities Code section 1708.5(f).

 The Commission's reliance on material outside the record violates due process.

 The Decision violates the Commerce Clause of the United States Constitution.

 The threatened retroactivity is contrary to law and in excess of the Commission's authority.

 The Commission acted contrary to law and in excess of its authority.  

 The Decision's purported findings are not supported.

The Commission has impermissibly converted a ratemaking proceeding into a quasi-legislative proceeding.

Although WPTF members have not had an opportunity to consider whether they wish to support such a filing, WPTF is included as a named party in the attached because of the fact that AReM and WPTF have jointly made numerous other filings in this proceeding.  WPTF members will need to determine if they wish to support this effort.
 
I look forward to seeing your comments.  Thanks, and have a gtood weekend!
 
Dan
 
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