Section 399(12)(c) (2) requires the Commission to consider whether CCAs should be subject to renewable portfolio standards (RPS), that is, requirements for the amount of renewable resources included in the CCAs energy portfolio. The utilities argue that the CCAs should be subject to the same requirements as the utilities. CCAs believe that Section 399 is generally irrelevant because Section 387 requires RPS standards to be implemented and enforced by the local governing body of a public utility, which CCAs argue includes them.
As CEC suggests, we believe it is appropriate for the CCAs to identify in their implementation plans how they intend to comply with RPS requirements, although we defer to the statute on what the implementation plan requires. We are considering the matter of the RPS standard's applicability to CCAs in R.04-04-026 and will resolve the matter there.