Decision 07-07-044 July 26, 2007
Before The Public Utilities Commission Of The State Of California
Order Instituting Rulemaking to Develop Additional Methods to Implement the California Renewables Portfolio Standard Program. |
(Filed February 16, 2006) |
ORDER GRANTING LIMITED REHEARING
OF DECISION 07-05-028, MODIFYING DECISION, AND DENYING REHEARING OF DECISION, AS MODIFIED.
I. SUMMARY
The Utility Reform Network (TURN), The Green Power Institute (GPI) and The Union of Concerned Scientists (UCS) timely filed a joint application for rehearing of Decision (D.) 07-05-028 alleging the decision errs because it conflicts with relevant statues and Commission rules, including those established in Rulemaking (R.) 05-06-040 concerning the implementation of Senate Bill (SB) 1488 and D. 06-06-066 as modified by D.07-05-032,1 and D.06-12-030.
The Alliance for Retail Energy Markets (AReM) filed a response to the application for rehearing. PacifiCorp and Sierra Pacific Power Company (Sierra) filed a joint response. PacifiCorp and Sierra contend that they have been exempted from the requirements of Public Utilities Code2 section 454.5, including subdivision (g), by D.04-02-044 and D.03-07-011. AReM asserts that the allegations raised in the joint application for rehearing are premature and without merit. AReM essentially argues that D.07-05-028 is a policy decision, rather than legal and thus there is no error, and further that since no Commission can bind a future Commission, the Commission's decisions have essentially no precedential value so that any earlier Commission decisions are to an extent, irrelevant. Further, AReM contends that ESPs are not subject to section 454.5(g) because they are not electrical corporations.
We have reviewed each and every allegation raised by TURN, UCS and GPI and are of the opinion that there is merit to the arguments presented on the issue of access of non-market participants to confidential information. Accordingly, for the reasons discussed below, we shall grant a limited rehearing of D.07-05-028, and modify the decision as set forth below.
1 Hereinafter referred to as "modified D.06-06-066."
2 Hereinafter, all statutory references are to the Public Utilities Code, unless otherwise indicated.
