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UTILITY CONSUMERS v. PUBLIC UTILITIES COM.

No. D042963.

15 Cal.Rptr.3d 597 (2004)

120 Cal.App.4th 644

UTILITY CONSUMERS' ACTION NETWORK, Petitioner, v. PUBLIC UTILITIES COMMISSION OF THE STATE of California, Respondent; San Diego Gas & Electric Company, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Review Denied November 10, 2004.

Attorney(s) appearing for the Case

Rosner, Law & Mansfield and Alan M. Mansfield, San Diego, for Petitioner.

Laurence G. Chaset, Randolph L. Wu, Mary F. McKenzie and Amy C. Yip-Kikugawa, San Francisco, for Respondent.

Orrick, Herrington & Sutcliffe, Joseph M. Malkin, William W. Oxley, Howard M. Ullman, San Francisco, T. Jason White, Irvine; David B. Follett and Jeffrey M. Parrott, San Diego, for Real Party in Interest.

McINTYRE, J.

In this petition for writ of review, Utility Consumers' Action Network (UCAN) challenges the Public Utilities Commission's (PUC) acceptance of an offer by San Diego Gas & Electric Company (SDG & E) to settle a pending federal lawsuit against the PUC involving hundreds of millions of dollars.

UCAN contends the PUC misconstrued Public Utilities Code section 332.1 (all subsequent statutory references are to the Public Utilities Code), which...

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