Discussion

At the time this application was filed, the utilities were required by Decision (D.) 00-03-019 to market value non-nuclear generation-related assets. Subsequently, the Legislature enacted Assembly Bill ABX1-6 (Ch. 2, Stats. 2001, special session 1)1 eliminating market value as a factor influencing the ratemaking treatment for utility retained generation (URG) in the context of the

continuing regulation as required by Pub. Util. Code § 377. As amended by ABX1-6, Section 377 provides that the URG assets continue under traditional Commission regulation until the Commission has authorized some other disposition of the assets pursuant to Section 851 and, in any event, at least until January 1, 2006.

1 ABX1-6 filed with the Secretary of the State on January 18, 2001, effective immediately, amended Sections 216, 330 and 377 of the Public Utilities Code.

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