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 SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING document copy is embedded. INTRODUCTION Pursuant to Rule 16.1 of the Commission’s Rules of Practice and Procedure (“Rules”), the Safety and Enforcement Division (“SED”) hereby submits its application for rehearing of Decision (“D.”) 16-08-020 (“Decision”). Rule 16.1(c) explains that “[t]he purpose of an application for rehearing is to alert the Commission to a legal error, so that the Commission may correct it expeditiously.”1 To that end, SED advises the Commission that the Decision errs in its determination regarding PG&E’s violation of 49 Code of Federal Regulations (“CFR”) § 192.619, which is related to maximum allowable operating pressure (“MAOP”). The Decision’s determination that SED did not meet its burden in proving the 49 CFR § 192.619 violation is not supported by substantial evidence in light of the record, which includes PG&E’s admission to that violation. The Commission further errs in failing to adopt SED’s fine recommendation regarding MAOP, which was not disputed by PG&E in the event that PG&E was found in violation of that code section.
There are other errors in the Decision which will also be identified in this application. First, the Decision erroneously asserts that PG&E’s system is generally complaint and that “a system that works over 99% of the time is not a system in need of improvement.”2 Second, the Decision uses the wrong end date for the missing De Anza Records violations. Third, the Decision erroneously describes the applied fine for the Fresno Incident.
CONCLUSION For the foregoing reasons, SED’s recommendations should be adopted.
CONCLUSION For the foregoing reasons, SED’s recommendations should be adopted.
SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING
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