COM/MP1/jyc Date of Issuance 8/3/2010

Decision 10-07-046 July 29, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Implement the Commission's Procurement Incentive Framework and to Examine the Integration of Greenhouse Gas Emissions Standards into Procurement Policies.

Rulemaking 06-04-009 (Filed April 13, 2006)

DECISION GRANTING, IN PART, PETITION OF NATURAL RESOURCES DEFENSE COUNCIL ET AL. TO MODIFY DECISION 07-01-039

1. Summary

This decision grants, in part, a petition to modify Decision 07-01-039 filed by Natural Resources Defense Council, the Environmental Defense Fund, Green Power Institute, Union of Concern Scientists, and The Utility Reform Network (NRDC et al.). These parties propose modifications to the decision to further clarify the content of the plan a load-serving entity must file as part of an application for a Commission finding that a carbon capture sequestration powerplant complies with the Emissions Performance Standard the decision adopts. Though we do not adopt verbatim the language NRDC et al. proposes, we modify the decision (1) to clarify that the plan must comply with federal and/or state monitoring, verification and reporting requirements applicable to projects designed to permanently sequester carbon dioxide and prevent its release from the subsurface, and (2) to further specify how a plan may meet monitoring, verification and reporting requirements if federal and/or state requirements do not exist or have not been finalized.