ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Investigation And Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with Respect to Facilities Records for its Natural Gas Distribution System Pipelines, the CITY OF CARMEL-BY-THE-SEA'S OPPOSITION TO PACIFIC GAS & ELECTRIC'S MOTION TO COMPEL DISCOVERY document copy is embedded.
INTRODUCTION
In typical heavy handed manner, PG&E rushes in just days before the administrative hearing is set to begin on January 19, 2016, and asks this Commission to compel further discovery responses from Intervenor Carmel-by-the-Sea ("Carmel") which are specifically derived from its attorney initiated interview of former employee Leslie Banach, Director of Information Management Compliance. Carmel has advised PG&E that Carmel did not receive any documents, either in hard copy or electronic, from Ms. Banach. Undaunted, PG&E asks the Commission to compel the release of all the information gained as a result of Carmel's attorney self-initiated interview of Ms. Banach, which is subject to the work product privilege. (Code of Civil Procedure § 2018.030(b).) This interview, which occurred on October 29, 2015, was also attended by Police Chief Michael Calhoun and is also privileged under the official information privilege.. (Evidence Code § 1040).
CONCLUSIONINTRODUCTION
In typical heavy handed manner, PG&E rushes in just days before the administrative hearing is set to begin on January 19, 2016, and asks this Commission to compel further discovery responses from Intervenor Carmel-by-the-Sea ("Carmel") which are specifically derived from its attorney initiated interview of former employee Leslie Banach, Director of Information Management Compliance. Carmel has advised PG&E that Carmel did not receive any documents, either in hard copy or electronic, from Ms. Banach. Undaunted, PG&E asks the Commission to compel the release of all the information gained as a result of Carmel's attorney self-initiated interview of Ms. Banach, which is subject to the work product privilege. (Code of Civil Procedure § 2018.030(b).) This interview, which occurred on October 29, 2015, was also attended by Police Chief Michael Calhoun and is also privileged under the official information privilege.. (Evidence Code § 1040).
Cannel respectfully requests
that the Commission deny the motion to compel and not breach the attorney work product privilege
held by Carmel.
Filing
Date 01-11-16
CITY OF CARMEL-BY-THE-SEA'S OPPOSITION TO PACIFIC GAS & ELECTRIC'S MOTION TO COMPEL DISCOVERY
Filing Date 01-11-16
DECLARATION OF BRITT STROTTMAN IN SUPPORT OF CITY OF CARMEL-BY-THE-SEA'S OPPOSITION TO PACIFIC GAS & ELECTRIC'S MOTION TO COMPEL DISCOVERY
Filing Date 01-11-16
EXHIBIT B
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