June 25, 2013 CONFIDENTIAL Dear Frank: We, senior attorneys in the Legal Division, are writing to express

our disapproval of the way you have handled the San Bruno case and your treatment of the San Bruno legal team. The San Bruno attorneys are some of the most respected, capable, and experienced attorneys in the Legal Division, and have always put the public interest as their top priority. They deserved your support and should not have been removed from the case. We are dismayed by these actions, and your subsequent representations. As exemplified by several recent events, you have engaged in a public and high profile campaign targeting this hard-working and dedicated legal team. It also appears that you subscribe to the view, expressed by the Director of the Safety and Enforcement Division, that the client is the boss in Commission proceedings and the attorneys must simply obey, regardless of whether the actions involved are of questionable ethics and legality. We think that this view represents a lack of understanding of the Legal Divisions duty to the public, the Commission, and the State of California. Both the Legal Division and the staff are expected to act in the public interest. The model is to work as a team, as opposed to simply reassigning counsel who disagree with staff. Unfortunately, although the San Bruno proceedings are unique because of their high profile nature, these events have been typical of the treatment of many attorneys during your tenure. In the many years we have been employed as state attorneys, we have never experienced such low morale in the Legal Division. We all agree that this situation is untenable and needs to be addressed in order to restore comity within the Legal Division, and credibility and respect with the public. Sincerely,

cc: Commissioners