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PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

I.D. # 10416

ENERGY DIVISION RESOLUTION G-3459

RESOLUTION

Resolution G-3459. The California Energy Commission ("CEC") requests approval of its Fiscal Year ("FY") 2011-2012 Proposed Program Plan and Funding Request for the Natural Gas Public Interest Research Program.

PROPOSED OUTCOME: The CEC's request is approved, pursuant to California Public Utilities Commission ("CPUC") Decision (D.) 04-08-010.

ESTIMATED COST: $24 million for Fiscal Year 2011-2012

__________________________________________________________

SUMMARY

This Resolution approves the CEC report, Proposed Program Plan and Funding Request for Fiscal Year 2011-2012, Natural Gas Public Interest Research Program, established pursuant to D. 04-08-010. The CPUC approves the CEC's proposed $24 million budget proposal.

BACKGROUND

D. 04-08-010 (the "Decision") implemented Assembly Bill (AB) 1002, establishing a natural gas surcharge to fund gas public purpose programs, including public interest research and development (R&D).

The CPUC instituted Rulemaking 02-10-001 to implement AB 1002. In this proceeding the Commission addressed various issues related to the design and implementation of a surcharge to fund gas public purpose programs, resulting in D.04-08-010.

D. 04-08-010 established certain criteria for gas R&D projects to be approved under this program.

The Decision defines public interest gas R&D activities as those which "are directed towards developing science or technology, 1) the benefits of which accrue to California citizens and 2) are not adequately addressed by competitive or regulated entities." (p.25).

The CPUC established the following criteria for public interest gas R&D projects:

1) Focus on energy efficiency, renewable technologies, conservation and environmental issues,

2) Support State Energy policy,

3) Offer a reasonable probability of providing benefits to the general public, and

4) Consider opportunities for collaboration and co-funding opportunities with other entities.

D. 04-08-010 designated the CEC as administrator of the R&D program.

The CEC administers the Public Interest Energy Research (PIER) program and is publicly accountable, being subject to the Bagley-Keene Open Meeting Act and the Public Records Act (p.31). Projects are selected by the CEC and reviewed and approved by the CPUC.

D. 04-08-010 reserved ultimate oversight for the CPUC.

The CPUC is responsible for adopting the R&D program, and for setting the surcharge to fund the R&D program. The Decision made it clear that the CPUC has final responsibility to "approve and resolve administration, funding, project approval, or other matters, and make a final decision" (p.32). The Decision further designated the CPUC's Energy Division to serve as this Commission's advisor.

The CEC's R&D program plans and budgets have been approved by the CPUC from 2005 to FY 2010-2011.

D. 04-08-010 established a zero-based budget for the Gas R&D program, starting at $12 million for 2005, with maximum annual increases of up to $3 million per year, subject to CPUC approval, up to $24 million per year (p.38). Historically, each year the CEC has requested, and the CPUC has approved, the maximum budget increase over the past year. Thus the budget ceiling reached $24 million in FY2009-2010. CPUC approved a $24 million budget for FY2010-2011 as well.

The CEC has submitted its Program Plan and Funding Request for Fiscal Year 2011-2012.

In addition to providing its research plan and budget for FY2011-2012, the CEC also provided information on prior program activities and expenditures.

DISCUSSION

D. 04-08-010 provides that the Commission "will assess the reasonableness of the funding level, and the overall R&D program" after four years.

D.04-08-010 provided for CPUC review of the "reasonableness of the funding level, and the overall R&D program" after four years, i.e., sometime after FY2009-2010. The CPUC has not yet scheduled a firm timeline for such a review but is in the process of gathering information leading up to such a review.

Pending an assessment of the reasonableness of the overall R&D program, it is reasonable to keep the maximum limit for program funding at $24 million.

In the interim, we elect to maintain the same administrator (i.e., the CEC) and maximum funding level at $24 million per year. We approve the CEC's proposed budget of $24 million for FY2011-2012. This funding level has no precedential value regarding the overall program review or funding levels beyond FY2011-2012, as the CEC is required to propose a zero based budget for each fiscal year.

Consistent with D. 04-08-010, the CEC's Public Interest Energy Research Program for Natural Gas focuses on research and development directed towards maximizing energy efficiency and mitigating environmental effects of gas consumption.

Consistent with the state's Energy Action Plan loading order, the CEC's proposed budget for FY2011-2012 allocates the bulk of a $24 million budget to the following research areas: Industrial, Commercial, Residential, and Transportation Energy Efficiency ($8.75 million); Acceleration of the Adoption of Clean Alternatives to Conventional Natural Gas Resources and Technologies ($7.25 million); Reduction of the Environmental Footprint of California's Natural Gas System ($3 million); and Natural Gas System Infrastructure Performance, Reliability, and Safety ($1 million). The CEC also allocates $2.50 million to administration and $1.50 million to small grants. The CEC's proposed budget allocations are delineated in the appended tables of this resolution.

The following is a breakdown of specific areas within the three major categories:

The Energy Innovations Small Grants Program is intended to complement ongoing core research for natural gas.

This program is modeled on a well-established electricity research program known as the Energy Innovations Small Grant Program (EISG). It is primarily intended to fund feasibility studies, which will assess proofs of concepts, and as a new mechanism for identifying emerging and promising natural gas technologies. The program will be administered by the San Diego State University Research Foundation. The CEC requests $1.50 million for the Small Grants program.

We caution the CEC on raising its administrative costs and encourage more efficient use of program R&D and administrative funds in the future.

The CEC's request for administrative expenses is somewhat higher for FY2011-2012 ($2.50 million, or 10.42% of the total proposed budget) than FY2010-2011 ($2.16 million, or 9% of the total budget). We understand that in the normal course of events, staffing needs, hires, and departures may result in small changes in program administration costs. Therefore this 1.42% increase is not necessarily unreasonable or indicative of an upward trend in overhead. Nevertheless, we are concerned about CEC program administration costs increasing, rather than decreasing and will continue to closely monitor CEC program administration costs in any future PIER NG budget proposals.

We adopt a mechanism for the return of unspent PIER Natural Gas R&D funds.

Currently, the CEC requests funding from the legislature prior to sending the CEC's proposed budget to the CPUC in late March for authorization. This out-of-order sequence causes problems if the CPUC does not authorize the entire requested budget or if the CEC does not use the entire requested budget. Henceforth, until further direction by the CPUC, each time that the CEC requests funding from the legislature for a proposed PIER Natural Gas R&D program budget, the CEC shall also request authority to return any portion of the requested funding to the Gas Consumption Surcharge Fund, up to and including the entire proposed budget.

The CEC's proposed program budget and funding request for FY2011-2012 is approved.

In accordance with D. 04-08-010, the annual proposed R&D program for FY2011-2012 was provided by the CEC to the Energy Division. The CEC has solicited R&D project proposal abstracts and incorporated them into the development of its plan. The Energy Division has reviewed the CEC report and found it to be submitted properly in compliance with D. 04-08-010. The basic program areas meet the criteria for public interest gas R&D projects laid out in the Decision, the CEC reasonably selected gas R&D program areas, and the CEC reasonably allocated the program's budget to the different program areas. We authorize the CEC's proposed $24 million budget as described in its Proposed Program Plan and Funding Request for Fiscal Year 2011-2012, Natural Gas Public Interest Research Program.

COMMENTS

Public Utilities Code section 311(g)(1) provides that this resolution must be served on all parties and subject to at least 30 days public review and comment prior to a vote of the Commission. Section 311(g)(2) provides that this 30-day period may be reduced or waived upon the stipulation of all parties in the proceeding.

The 30-day comment period for the draft of this resolution was neither waived nor reduced. Accordingly, this draft resolution was mailed to parties for comments, and will be placed on the Commission's agenda no earlier than 30 days from today.

FINDINGS

1. The CEC filed its Fiscal Year 2011-2012 public interest gas R&D report, per D. 04-08-010.

2. The CEC's proposed R&D project areas meet the criteria set forth in D. 04-08-010.

3. The CEC reasonably selected gas R&D project areas, and reasonably allocated the Fiscal Year 2011-2012 R&D budget to the different project areas.

4. The CEC's report, Program Plan and Funding Request for Fiscal Year 2011-2012, Natural Gas Public Interest Research Program, should be adopted.

5. There is a need for a mechanism by which the CEC may return unspent or unauthorized funds for the PIER Natural Gas R&D program.

6. The Commission has not yet determined the reasonableness of the overall PIER Natural Gas R&D Program or of the funding level beyond FY2011-2012.

THEREFORE IT IS ORDERED THAT:

This Resolution is effective today.

I certify that the foregoing resolution was duly introduced, passed and adopted at a conference of the Public Utilities Commission of the State of California held on June 23, 2011; the following Commissioners voting favorably thereon:

Appendix (Numbering by CEC Proposed Program Plan and Funding Request for Fiscal Year 2011-2012)

Table 1: Natural Gas Budget Plan Summary FY 2010-2011 & FY 2011-2012

Budget Item

FY 2010-11  Budget

FY 2011-12 Budget (proposed)

Improve Industrial, Commercial, Residential, and Transportation Energy Efficiency

$10.84 million

$8.75 million

Accelerate the Adoption of Clean Alternatives to Conventional Fossil Resources and Technologies

$6.25 million

$7.25 million

Improve Natural Gas System Infrastructure Performance and Reliability

$0

$1 million

Reduce the Environmental Footprint of California's Natural Gas System

$3 million

$3 million

Energy Innovation Small Grants

$1.75 million

$1.50 million

Program Administration

$2.16 million

$2.50 million

TOTAL

$24 million

$24 million

Source: California Energy Commission

Table 4: Budget Breakdown for Improve Industrial, Commercial, Residential, and Transportation Energy Efficiency

Research Solution

Budget

Natural Gas Efficiency Research for Industrial Use

$2.25 million

Natural Gas Efficiency Research for Residential and Commercial Facilities

$4 million

Research and Develop Advanced and Fuel-efficient Natural Gas Engines

$2.5 million

TOTAL

$8.75 million

Source: California Energy Commission

Table 5: Budget Breakdown for Accelerate the Adoption of Clean Alternatives to Conventional Fossil Resources and Technologies

Research Solution

Budget

Hybrid generation, fuel-flexible systems and other energy efficient and low emission technologies for distributed generation/Combined Heat and Power/Combined Cooling, Heating and Power in industrial and commercial applications

$2.25 million

Distributed generation/combined heat and power integrated in energy efficient and net zero energy buildings and industries

$0.75 million

Develop Low-Cost and Thermally Efficient Renewable Industrial Heating and Cooling

$0.75 million

Solar Hot Water Heating

$1 million

Research, Develop, and Demonstrate Alternative Fuels that Reduce Petroleum Consumption and Transportation-related Greenhouse Gas Emissions, While Assisting Economic Development within California

$2.5 million

TOTAL

$7.25 million

Source: California Energy Commission

Table 7: Budget Breakdown for Improve Natural Gas System and
Infrastructure Performance and Reliability

Research Solution

Budget

Natural Gas Pipelines

$1 million

TOTAL

$1 million

Table 8: Budget Breakdown for Reduce the Environmental Footprint of California's Natural Gas System

Research Solution

Budget

Air Quality

$ 1 million

Water and Natural Gas

$ 1 million

Climate Science

$ 1 million

TOTAL

$ 3 million

Source: California Energy Commission

STATE OF CALIFORNIA Edmund G. Brown Jr., Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

I.D. # 10416

May 20, 2011 RESOLUTION G-3459

June 23, 2011 Commission Meeting

TO: Parties to Rulemaking 02-10-001.

SUBJECT: California Energy Commission FY2011-2012 Natural Gas Public Interest Research Program

Enclosed is draft Resolution G-3459 of the Energy Division. It will be on the agenda at the next Commission meeting which is at least 30 days after the mailing date of this letter. The Commission may then vote on this Resolution or it may postpone a vote until later.

When the Commission votes on a draft Resolution, it may adopt all or part of it as written, amend, modify or set it aside and prepare a different Resolution. Only when the Commission acts does the Resolution become binding on the parties.

Parties may submit comments on the draft Resolution. An original and two copies of the comments, with a certificate of service, should be submitted to:

Honesto Gatchalian

Energy Division

California Public Utilities Commission

505 Van Ness Avenue

San Francisco, CA 94102

Fax: 415-703-2200

A copy of the comments should be submitted in electronic format to:

Franz Cheng and Richard Myers

Energy Division

California Public Utilities Commission

505 Van Ness Avenue

San Francisco, CA 94102

email: fcc@cpuc.ca.gov and ram@cpuc.ca.gov

Any comments on the draft Resolution must be received by the Energy Division by June 9, 2011. Those submitting comments must serve copies of their comments on 1) the entire service list attached to the draft Resolution, 2) all Commissioners, 3) the Director of the Energy Division, 4) the Chief Administrative Law Judge, and 5) the General Counsel on the same date that the comments are submitted to the Energy Division.

Comments shall be limited to fifteen (15) pages in length plus a listing of the recommended changes to the draft Resolution, and an appendix setting forth the proposed findings and ordering paragraphs.

Late submitted comments will not be considered. Reply comments will not be accepted.

/s/ Richard A. Myers

Richard A. Myers

Program and Project Supervisor

Energy Division

Certificate of Service

Honesto Gatchalian

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