Senate Bill (SB) 1078 established the California RPS Program effective January 1, 2003.1 Several Plans have been implemented, and solicitations held, by SCE, PG&E and SDG&E under the RPS Program.
On May 29, 2008, we completed the specification of MJU obligations under the RPS Program. This includes the filing of an MJU's biennial IRP in some years (along with limited supplemental information), and the filing of a more comprehensive Supplement to its IRP in other years. (Decision (D.) 08-05-029.) The timing of MJU IRPs results in the consideration of a more comprehensive Supplement to each IRP for 2009.
2.1. Rulemaking 06-02-012
On April 3, 2009, three issues pending in Rulemaking (R.) 06-02-012 were transferred to this proceeding for consideration and disposition. (See Assigned Commissioner's Ruling (ACR) Transferring Consideration of Issues.) To the extent they relate to the 2009 RPS Procurement Plans and Supplements, we address these issues in a companion order.
2.2. Rulemaking 08-08-009
On June 20, 2008, an Amended Scoping Memo identified certain elements with respect to 2009 Plans for SCE, PG&E and SDG&E, and Supplements to IRPs for Sierra and PacifiCorp, and set the schedule. On June 26, 2008, a motion for extension of the schedule was granted.2
On September 15, 2008, the three largest Investor-Owned Utilities (IOUs) filed and served their 2009 RPS Plans, and the two MJUs filed and served Supplements. On October 1, 2008, the three IOUs filed draft Transmission Ranking Cost Reports (TRCRs). On October 15, 2008, comments on the 2009 Plans and Supplements were filed by nine parties.3 Comments on the draft TRCRs were also due on October 15, 2008, but no comments were filed. On October 22, 2008, reply comments were filed on the Plans and Supplements by four parties.4
Motions for evidentiary hearing were due by October 29, 2008. No motions were filed, and no hearing was held.
On December 18, 2009, we granted a Certificate of Public Convenience and Necessity (CPCN) for the construction of the Sunrise Powerlink Transmission Project (Sunrise). (D.08-12-058.) We noted the relationship of certain Sunrise issues to the 2009 RPS Procurement Plans, and directed the assigned Commissioner to put forth specific proposals for comment. On February 3, 2009, an ACR identified the proposals and, to address certain issues, also included, a Staff Proposal to refine the methodology used to assess project viability. On or about February 27, 2009, comments were filed by 13 parties.5 On March 6, 2009, reply comments were filed by eight parties.6
On February 27, 2009, SCE moved to bifurcate certain Sunrise issues for treatment in the 2009 Procurement Plan decision, with others to be treated later. On March 6, 2009, PG&E responded in support. On March 16, 2009, DRA responded in opposition. By ruling dated April 29, 2009, the motion was denied. By ACR dated April 29, 2009, the draft TRCRs were accepted for use with the 2009 Plans. At the request of the Administrative Law Judge (ALJ), on May 8, 2009, SCE filed standard contracts and other materials related to SCE's RPS Standard Contract Program.
1 Stats. 2002, Ch. 516, Sec. 3, codified as Pub. Util. Code §§ 399.11, et seq., as amended by SB 107 (Stats. 2006, Ch. 464, Sec. 13, effective January 1, 2007). All subsequent code section references are to the Public Utilities Code unless noted otherwise.
2 See Ruling dated August 12, 2008.
3 Comments were filed by the Commission's Division of Ratepayer Advocates (DRA), jointly by the Center for Biological Diversity (the Center) and the Sierra Club, jointly by the California Cogeneration Council (CCC) and the Solar Alliance, jointly by the Large-Scale Solar Association (LSA) and the California Wind Energy Association (CalWEA), L. Jan Reid (Reid), and SDG&E.
4 Reply comments were filed by The Utility Reform Network (TURN), SDG&E, PG&E and SCE.
5 Comments were filed by PG&E, SCE, SDG&E, DRA, Center for Energy Efficiency and Renewable Technologies (CEERT), Green Power Institute (GPI), LSA, Sempra Generation (Sempra), Independent Energy Producers Association (IEP), Reid, Union of Concerned Scientists (UCS), CalWEA, and Stirling Energy Systems, Inc (SES). These comments are noted later herein as Sunrise Comments.
6 Reply comments were filed by PG&E, SCE, DRA, CEERT, GPI, Reid, UCS, and CalWEA. These comments are noted later herein as Sunrise Reply Comments.