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ALJ/JSW/sid Mailed 10/30/2001

Decision 01-10-069 October 25, 2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Southern California Edison Company (E 338-E) for Authority to Institute a Rate Stabilization Plan with a Rate Increase and End of Rate Freeze Tariffs.

Application 00-11-038

(Filed November 16, 2000)

Emergency Application of Pacific Gas and Electric Company to Adopt a Rate Stabilization Plan. (U 39 E)

Application 00-11-056

(Filed November 22, 2000)

Petition of THE UTILITY REFORM NETWORK for Modification of Resolution E-3527.

Application 00-10-028

(Filed October 17, 2000)

Order Instituting Rulemaking into Implementation of Public Utilities Code Section 390.

Rulemaking 99-11-022

(Filed November 18, 1999)

OPINION REGARDING SOUTHERN CALIFORNIA EDISON COMPANY'S PETITION FOR MODIFICATION OF DECISION 01-09-021

I. Summary

On September 14, 2001, Southern California Edison Company (SCE) filed a petition for modification (Petition) of Decision (D.) 01-09-021. In that decision, the Commission granted the Independent Energy Producers Association's (IEP) petition for modification of D.01-06-015 which requested that the reference to the date of July 15, 2001, found at page 4 of D.01-06-015, be extended to July 31, 2001. July 15, 2001 was the date set by that decision for three types of contract modifications to the contracts of qualifying facilities (QFs) which would be "deemed reasonable"1 if the modification was "made prior to July 15, 2001." SCE's Petition seeks to extend the safe harbor date from July 31, 2001 through and including the close of business on September 6, 2001.

Today's decision denies SCE's Petition. SCE and the other utilities are free to file applications with the Commission seeking approval of QF contract amendments that were entered into after July 31, 2001. This decision modifies Ordering Paragraph 2.b. of D.01-09-021 to make the reporting date consistent with Ordering Paragraph 5 of that decision.

1 SCE refers to the deemed reasonable date as a "safe harbor."

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