Proceeding R0404025 Date Filed: April 22, 2004 Status: Reopened

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Commissioner Assigned: Michael R. Peevey on December 20, 2005 ALJ Assigned: Amy C. Yip-Kikugawa on January 16, 2008 Filer Requested Category: Preliminary Category: Ratesetting Commission Designated Category: Ratesetting Filed By: CPUC DOCUMENTS Number of Documents: 519 (only the most current 100 are displayed) Display all documents for this proceeding Type: PETITION FOR MODIFICATION Filing Date: April 21, 2008 Filed By: Californians for Renewable Energy, Inc. Description: of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: Southern California Edison Company Description: to Petition of the California Cogeneration Council for Modification of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: Pacific Gas and Electric Company Description: to the California Cogeneration Council Petition for Modification of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: to the Petition of the California Cogeneration Council for Modification of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: San Diego Gas & Electric Company Description: to the Petition of the California Cogeneration Council for Modification of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: California Cogeneration Council Description: to Joint Petition of the Cogeneration Association of California, the Energy Producers and Users Coalition and the Independent Energy Producers Association for Modification of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: Pacific Gas & Electric Company San Diego Gas & Electric Company Southern California Edison Company Description: to Joint Petiton of the Cogeneration Association of California, the Energy Producers and Users Coalition, and the Independent Energy Producers Association for Modification of Decision 07-09-040. Type: RESPONSE Filing Date: April 2, 2008 Filed By: The Utility Reform Network Description: to Petition for Modification of Decision 07-09-040. Type: REPLY Filing Date: March 28, 2008 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: to March 18, 2008 responses of Pacific Gas and Electric Company and Southern California Edison Company (filing authorized by ALJ Brown per email ruling of March 19, 2008). Type: REPLY Filing Date: March 28, 2008 Filed By: California Cogeneration Council Description: to the Responses of Pacific Gas and Electric Company and Southern California Edison Company to the March 3, 2008 Motion of the California Cogeneration Council concerning Pacific Gas and Electric Company's 2008 As-Delivered Capacity Prices for Qualifying Facilities (filing authorized by ALJ Yip-Kikugawa via phone conversation on March 19, 2008). Type: RESPONSE Filing Date: March 18, 2008 Filed By: Southern California Edison Company Description: to Motions of California Cogeneration Council, the Cogeneration Association of California and the Energy Producers and Users Coalition concerning Pacific Gas and Electric Company's 2008 As-Delivered Capacity Prices for Qualifying Facilities. Type: RESPONSE Filing Date: March 18, 2008 Filed By: Pacific Gas and Electric Company Description: to March 3, 2008 Motions of California Cogeneration Council, the Cogeneration Association of California and the Energy Producers and Users Coalition. Type: PETITION FOR MODIFICATION Filing Date: March 3, 2008 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Independent Energy Producers Association Description: Joint; of Decision 07-09-040. Type: PETITION FOR MODIFICATION Filing Date: March 3, 2008 Filed By: California Cogeneration Council Description: of Decision 07-09-040. Type: MOTION Filing Date: March 3, 2008 Filed By: California Cogeneration Council Description: To Adjust Pacific Gas and Electric Company 2008 As-Delivered Capacity Prices for Qualifying Facilities. Type: MOTION Filing Date: March 3, 2008 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: To Adjust January 2008 Avoided Cost Posting of Pacific Gas and Electric Company. Type: NOTICE Filing Date: January 16, 2008 Filed By: CALJ/MINKIN/CPUC Description: of Reassignment. Type: REPORT Filing Date: December 17, 2007 Filed By: Southern California Edison Company Description: Updated Ex Ante Estimates of KW and KWH Savings of Southern California Edison Company's Customized Energy Efficiency Programs. Type: EXPARTE Filing Date: November 30, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On November 28, 2007, Michael Alcantar, counsel to the Cogeneration Association of California and the Energy Producers and Users Coalition, (jointly, CAC/EPUC) met with Andrew Schwartz, advisor to Pres. Peevey in San Francisco. The issues addressed were the terms and conditions for extension contracts pursuant to D.07-09-040, and procedural options to secure CPUC direction regarding the extension contracts. Two specific extension contract situations were discussed. The first set was to seek specificity on the designation of "price" terms (versus "non-price" terms, and particularly performance provisions) that could be modified in the extension agreements. The second set was to address the options for previously terminate firm capacity CHP/QF resources to reinstate firm capacity terms and conditions. Contact Person: Karen Terranova; telephone: (415) 421-4143; e-mail: kt@a-klaw.com. Type: RULING Filing Date: November 27, 2007 Filed By: ALJ/GOTTSTEIN/CPUC Description: Memoralizing Electronic Transmittal on Due Date for Comments on Proposed Decision mailed November 5, 2007. Type: COMMENTS Filing Date: November 26, 2007 Filed By: DRA/Lee/CPUC Description: On Proposed Decision Denying Joint Petition for Modification of Decision 06-06-063. Type: EXPARTE Filing Date: November 26, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On November 19, 2007, Michael Alcantar, counsel to the Cogeneration Association of California and the Energy Producers and Users Coalition (jointly, CAC/EPUC) met with Andrew Schwartz, advisor to Pres. Peevey in San Francisco. Also present was Elizabeth Stolzfus, Energy Division of the CPUC. Written material (attached to the notice) was used. Alcantar discussed: (1) the specific designation of price and non-price terms that may be subject to change in the extension contracts; (2) the eligibility of previously terminated firm capacity CHP/QF generators to reinstate pre-existing firm capacity non-price terms and conditions; and (3) the Commission's possible role in addressing mediation of disputes over contract issues. Contact Person: Karen Terranova; telephone: (415) 421-4143; e-mail: kt@a-klaw.com. Type: RESPONSE Filing Date: November 9, 2007 Filed By: California Cogeneration Council Description: to Pacific Gas and Electric Company's, Southern California Edison Company's, San Diego Gas & Electric Company's, The Utility Reform Network's and the Division of Rate Payer A dvocates ' Application for Rehearing of the Opinion on Future Policy and Pricing for Qualifying Facilities, Decision 0 7-09-040. Type: RESPONSE Filing Date: November 9, 2007 Filed By: Independent Energy Producers Association Description: to Applications for Rehearing of D.07-09-040. Type: RESPONSE Filing Date: November 9, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: to the Joint Parties' Application for Rehearing of D. 07-09-040. Type: RESPONSE Filing Date: November 9, 2007 Filed By: Division of Ratepayer Advocates Pacific Gas and Electric Company San Diego Gas and Electric Southern California Edison Company The Utility Reform Network Description: Joint; to Applications for Rehearing of Decision 07-09-040. Type: PROPOSED DECISION Filing Date: November 5, 2007 Filed By: ALJ/GOTTSTEIN/CPUC Description: Interim Opinion Denying Joint Petition for Modification of Decision 06-06-063. Opening comments, which shall not exceed 15 pages, are due no later than November 25, 2007. Reply comments are due 5 days after opening comments are filed. Type: REHEARING REQUEST Filing Date: October 25, 2007 Filed By: California Cogeneration Council Description: of Decision 07-09-040, Opinion on Future Policy and Pricing for Qualifying Facilities. Type: REHEARING REQUEST Filing Date: October 25, 2007 Filed By: Cogeneration Association of California Energy Producers and Users Coalition Description: Application for Rehearing of Decision 07-09-040. Type: REHEARING REQUEST Filing Date: October 25, 2007 Filed By: Division of Ratepayer Advocates Pacific Gas & Electric Company San Diego Gas & Electric Company Southern California Edison Company The Utility Reform Network Description: Application for Rehearing of Decision 07-09-040. Type: EXPARTE Filing Date: September 21, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On September 18, 2007 Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE) met with Cmmr. Grueneich in San Francisco. Also present were Theresa Cho, advisor to Cmmr. Grueneich and Michael Hoover, Director of Regulatory Affairs of SCE. Written materials (attached to the notice) were used. Foster explained that the energy payment formula in the Alternate Proposed Decision (Alternate) produces prices that exceed SCE's short-run avoided cost (SRAC) of energy. Hoover stated that the firm capacity price in the Alternate is too high and exceeds SCE's avoided cost of capacity. Hoover explained that the $157/kW-year MPR capacity price used in the Alternate should be reduced by at least $55/kWyear to account for savings gained from running in the energy market. The firm capacity price should also be reduced by an additional $10/kW-year. Hoover also stated that there is no need to require standard offer contracts, particularly for QFs because QFs have many options for selling thei Type: EXPARTE Filing Date: September 20, 2007 Filed By: The Utility Reform Network Description: SUMMARY: On September 17, 2007, Michel Peter Florio, Senior Attorney for The Utility Reform Network (TURN), met with Theresa Cho, advisor to Cmmr. Grueneich, in San Francisco. Florio summarized TURN's major concerns with the Alternate Proposed Decision (APD) of Commissioner Grueneich. Florio stated that it would be difficult and speculative to forecast the energy profits that a proxy combined cycle plant would earn in the market over the ten-year period of the firm capacity contract adopted by the APD. Florio recommended that the Commission adopt a capacity payment structure for the firm contract that did not contain a deduction for such energy profits and likewise base the energy payment under the contract on a fixed heat rate equal to that of the proxy unit. Florio also stated that the factors cited in the APD as justifying a 50/50 average of a market-based heat rate have been declining. Contact Person: Larry Wong, telephone: (415) 929-8876, e-mail: Adminassistant@turn.org. Type: EXPARTE Filing Date: September 20, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On Monday, September 17, 2007 Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE), met with Robert Kinosian, advisor to Cmmr. Bohn in San Francisco. Also present was Michael Hoover, Director of Regulatory Affairs of SCE. Written materials (attached to the notice) were used. Foster explained that the energy payment formula in the Alternate Proposed Decision (Alternate) produces prices that exceed SCE's short-run avoided cost (SRAC) of energy. Foster stated that the firm capacity price is too high and explained that the $157/kW-year MPR capacity price should be reduced by at least $55/kWyear to account for savings gained from running in the energy market. The firm capacity price should also be reduced by an additional $10/kW-year to account for the residual value associated with the MPR's 20-year annualization of a proxy unit that has a 30-year economic/operating life. The Alternate should be modified to limit the availability of standard offer contracts to QFs with a ne Type: EXPARTE Filing Date: September 20, 2007 Filed By: Cogeneration Association of California Energy Producers and Users Coalition Description: SUMMARY: On September 17, 2007, Michael Alcantar, counsel to the Cogeneration Association of California and Energy Producers and Users Coalition (jointly, CAC/EPUC) met with Cmmr. Grueneich in San Francisco. Also present was Theresa Cho, advisor to Cmmr. Grueneich. Written materials (attached to the notice) were used. Issues raised in CAC/EPUC's written comments were reviewed and discussed regarding the Alternate Proposed Decision. CAC/EPUC urged the adoption of positions taken by CAC/EPUC in formal comments. Contact Person: Karen Terranova, telephone: (415) 421-4143; e-mail kt@a-klaw.com. Type: EXPARTE Filing Date: September 20, 2007 Filed By: California Cogeneration Council Description: SUMMARY: On September 17, 2007 Beth Vaughan, Executive Director of the California Cogeneration Council (CCC) participated in a conference call with Andrew Schwartz, advisor to Pres. Peevey. R. Thomas Beach, consultant to the CCC; David Hermanson, a member of the CCC employed by Primary Energy; Jerry R. Bloom and Joseph M. Karp of Winston & Strawn, LLP, counsel for the CCC also participated in the conference call. CCC representatives stated that the Alternate Proposed Decision (Alternate PD) places too much weight on the NP-15 and SP-15 spot market prices and proposed they account for no more than one third of the SRAC formula, with the existing administrative values making up the difference. CCC representatives proposed that the Commission require the utilities to employ the updated time of use ("TOU") factors adopted by the Commission for energy efficiency and demand response programs. CCC representatives explained that Pacific Gas and Electric Company's (PG&E) City-gate prices should be used in PG&E'S new Type: COMMENTS Filing Date: September 17, 2007 Filed By: Cogeneration Association of California Energy Producers and Users Coalition Description: Reply; On the Alternate Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 17, 2007 Filed By: Southern California Edison Company Description: Reply; on Alternate Proposed Decision of Commissioner Grueneich. Type: EXPARTE Filing Date: September 17, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On September 12, 2007 Michael Hoover, Director of Regulatory Affairs, of Southern California Edison Company (SCE) met with Jaclyn Marks, advisor to Cmmr. Simon in San Francisco. Written materials (attached to the notice) were used. Hoover discussed SCE's concerns with the Alternate Proposed Decision of Commissioner Grueneich issued on August 20, 2007 (Alternate). Hoover explained that the energy payment formula in the Alternate produces prices that exceed SCE's short-run avoided cost (SRAC) of energy. Hoover stated that the firm capacity price in the Alternate is too high and exceeds SCE's avoided cost of capacity. Hoover explained that the $157/kW-year MPR capacity price used in the Alternate should be reduced by at least $55/kW-year to account for savings gained from running in the energy market. The firm capacity price should also be reduced by an additional $10/kW-year to account for the residual value associated with the MPR's 20-year annualization of a proxy unit that has a 30-year economic/op Type: COMMENTS Filing Date: September 17, 2007 Filed By: San Diego Gas & Electric Company Description: Reply; On the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 17, 2007 Filed By: COUNTY OF LOS ANGELES Description: Reply; On the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 17, 2007 Filed By: Pacific Gas and Electric Company Description: Reply; On Alternate Proposed Decision. Type: COMMENTS Filing Date: September 17, 2007 Filed By: California Cogeneration Council Description: Reply; On the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 17, 2007 Filed By: California Wind Energy Association Description: Reply; On the Alternate Proposed Decision of Commissioner Grueneich. Type: EXPARTE Filing Date: September 14, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On September 12, 2007 Michael Alcantar, council to the Cogeneration Association of California and the Energy Producers and Users Coalition (jointly, CAC/EPUC) met with Robert Kinosian, advisor to Cmmr. Bohn; Jaclyn Marks, advisor to Cmmr. Simon and Andrew Campbell, advisor to Cmmr. Chong; and Andrew Schwartz, advisor to Pres. Peevey in three separate meetings in San Francisco. Also present was Nora Sheriff, council to CAC/EPUC. Written materials (attached to the notice) were used. Alcantar expressed the need for contracts under the Commission's Prospective QF Program to have certainty both as to term and pricing, along with the importance of a policy for new, small QFs. Contact Person: Karen Terranova, telephone: (415) 421-4143, email: kt@a-klaw.com. Type: COMMENTS Filing Date: September 14, 2007 Filed By: CALIFORNIANS FOR RENEWABLE ENERGY INC. Description: Reply; on Alternative Opinion on Future Policy and Pricing For Qualifying Facilities. Type: EXPARTE Filing Date: September 14, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On September 11, 2007 Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE) met with Pres. Peevey in San Francisco. Also present were Andrew Schwartz, advisor to Pres. Peevey; and Michael Hoover, Director of Regulatory Affairs of SCE. Written materials (attached to the notice) were used. Foster discussed SCE's concerns with the Alternate Proposed Decision of Cmmr. Grueneich issued on August 20, 2007 (Alternate). Foster explained that the energy payment formula in the Alternate produces prices that exceed SCE's short-run avoided cost (SRAC) of energy. Foster stated that the firm capacity price in the Alternate is too high and exceeds SCE's avoided cost of capacity. Foster explained that the $157/kW-year MPR capacity price used in the Alternate should be reduced by at least $55/kWyear to account for savings gained from running in the energy market. The firm capacity price should also be reduced by an additional $10/kW-year to account for the residual value associated with Type: EXPARTE Filing Date: September 14, 2007 Filed By: California Cogeneration Council Description: SUMMARY: On September 11, 2007 Beth Vaughan, Executive Director of the California Cogeneration Council (CCC) met with Robert Kinosian, advisor to Cmmr. Bohn. Also present were David Hermanson, a member of the CCC employed by Primary Energy; R. Thomas Beach, consultant to CCC; and Jerry R. Bloom of Winston & Strawn, LLP, council for the CCC. CCC representatives expressed their support for the Alternate Proposed Decision (Alternate PD), but noted that it places too much weight on the NP- 15 and SP-15 spot market prices. CCC representatives proposed that the Commission require the utilities to employ, on an interim basis, the updated time of use ("TOU") factors for energy efficiency and demand response programs, and revisit these interim TOU factors in the technical workshop that the Alternate PD requires 60 days after the Commission's decision. CCC representatives also explained that PG&E City-gate prices should be used in PG&EYS new SRAC formula rather than the arbitrary 50150 mix of Malin and Topock gas. CCC Type: EXPARTE Filing Date: September 14, 2007 Filed By: California Cogeneration Council Description: SUMMARY: On September 12, 2007 Beth Vaughan, Executive Director of the California Cogeneration Council (CCC) met with Cmmr. Grueneich in San Francisco. Also present were Theresa Cho, advisor to Cmmr. Grueneich; R. Thomas Beach, consultant to the CCC; Shakil Rahman, a member of the CCC employed by Juniper Generation, David Hermanson, a member of the CCC employed by Primary Energy; Seth Hooper, a member of the CCC employed by Weyerhaeuser Company; and Jerry R. Bloom and Joseph M. Karp of Winston & Strawn, LLP, counsel for the CCC. CCC representatives expressed their support for the Alternate Proposed Decision (Alternate PD) but stated the Alternate PD places too much weight on the NP-15 and SP-15 spot market prices. CCC representatives explained why the Southern California Edison Company's ("SCE") administrative heat rate should be set at 9,705 BtuIkWh. CCC representatives proposed that the Commission require the utilities to employ, on an interim basis, the updated time of use ("TOW) factors adopted by the Co Type: EXPARTE Filing Date: September 14, 2007 Filed By: California Cogeneration Council Description: SUMMARY: On September 12, 2007 Beth Vaughan, Executive Director of the California Cogeneration Council (CCC) met with Jacklyn Marks, advisor to Cmmr. Simon in San Francisco. Also present were Andrew Campbell, advisor to Cmmr. Chong; Shakil Rahman, a member of the CCC employed by Juniper Generation; David Hermanson, a member of the CCC employed by Primary Energy; Seth Hooper, a member of the CCC employed by Weyerhaeuser Company; R. Thomas Beach, consultant to the CCC; and Jerry R. Bloom and Joseph M. Karp of Winston & Strawn, LLP, counsel for the CCC. CCC representatives expressed their support for the Alternate Proposed Decision (Alternate PD) but stated the Alternate PD places too much weight on the NP-15 and SP-15 spot market prices. CCC representatives explained why the Southern California Edison Company's ("SCE") administrative heat rate should be set at 9,705 BtuIkWh. CCC representatives proposed that the Commission require the utilities to employ, on an interim basis, the updated time of use ("TOW) fac Type: EXPARTE Filing Date: September 13, 2007 Filed By: Independent Energy Producers Association Description: SUMMARY: On September 11, 2007 Steven Kelly, Policy Director to Independent Energy Producers Association (IEP) met with Andrew Campbell, advisor to Cmmr. Chong in San Francisco. Also present was Douglas Kerner, legal representative for IEP. Kelly agreed with the Alternate Proposed Decision that a change to the methodology to determine avoided cost prices does not render prior avoided cost prices incorrect, and that the modified methodology should not be applied retroactively. Contact Person: Eric Janssen, telephone: (916) 447-2166, email: ericj@eslawfirm.com. Type: EXPARTE Filing Date: September 13, 2007 Filed By: Independent Energy Producers Association Description: SUMMARY: On September 11, 2007 Steven Kelly, Policy Director to Independent Energy Producers Association (IEP) met with Cmmr. Grueneich in San Francisco. Also present were Theresa Cho, advisor to Cmmr. Grueneich; and Douglas Kerner, legal representative for IEP. Kelly agreed with the Alternate Proposed Decision that a change to the methodology to determine avoided cost prices does not render prior avoided cost prices incorrect, and that the modified methodology should not be applied retroactively. Contact Person: Eric Janssen, telephone: (916) 447-2166, email: ericj@eslawfirm.com. Type: EXPARTE Filing Date: September 13, 2007 Filed By: HL Power Description: SUMMARY: On September 10, 2007, Ralph Saunders of HL Power met with Pres. Peevey in San Francisco. Also present were Andrew Swartz, advisor to Pres. Peevey; Jerry R. Bloom of Winston & Strawn, LLP, counsel for HL Power. HL Power expressed continuing concerns with the Proposed Decisions ("PDs") and stated that the PDs, as currently drafted, would have a significantly adverse impact on HL Power's operation of its biomass qualifying facility and while the alternative proposed decision ("APD") by Commr. Grueneich was a vast improvement over the original Proposed Decision, there were several issues that needed additional attention. HL Power asked: (1) that the 50150 split between NP151SP15 and administratively determined heat rates in the APD be changed to a one third two third split, respectively; (2) that PG&E's time of use periods be corrected in the forthcoming Commission decision, rather than being delayed for further consideration, and (3) that the city gas plus transportation be used for the gas pricing ut Type: EXPARTE Filing Date: September 13, 2007 Filed By: Independent Energy Producers Association Description: SUMMARY: On September 11, 2007 Steven Kelly, Policy Director to Independent Energy Producers Association (IEP) met with Pres. Peevey in San Francisco. Also present were Andrew Schwartz, advisor to Pres. Peevey; and Douglas Kerner, legal representative for IEP. Kelly agreed with the Alternate Proposed Decision that a change to the methodology to determine avoided cost prices does not render prior avoided cost prices incorrect, and that the modified methodology should not be applied retroactively. Contact Person: Eric Janssen, telephone: (916) 447-2166, email: ericj@eslawfirm.com. Type: REPORT Filing Date: September 11, 2007 Filed By: Pacific Gas and Electric Company Description: Pacific Gas and Electric Company's Energy Prices and Variable Energy Prices for Qualifying Facilities Effective September 1-30, 2007. Type: COMMENTS Filing Date: September 10, 2007 Filed By: Independent Energy Producers Association Description: on the Alternate Proposed Decision on Future Policy and Pricing for Qualifying Facilities. Type: COMMENTS Filing Date: September 10, 2007 Filed By: San Diego Gas & Electric Company Description: Opening; on the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: California Wind Energy Association Description: on the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: The Utility Reform Network Description: On the Alternate Proposed Decision of Commissioner Grueineich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: California Cogeneration Council Description: on the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: Southern California Edison Company Description: on Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: Pacific Gas and Electric Company Description: Opening; On Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: COUNTY OF LOS ANGELES Description: Opening; On the Alternate Proposed Decision of Commissioner Grueneich. Type: COMMENTS Filing Date: September 10, 2007 Filed By: Cogeneration Association of California Energy Producers and Users Coalition Description: Opening; On the Alternate Decision of Commissioner Grueneich. Type: EXPARTE Filing Date: August 31, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: SUMMARY: On August 30, 2007 Brian Cherry, Vice President, Regulatory Relations for Pacific Gas and Electric Company (PG&E) met with Cmmr. Grueneich in San Francisco. Also present were Theresa Cho, advisor to Cmmr. Grueneich; Fong Wan, Vice President, Energy Procurement of PG&E; and Roy Kuga, Vice President, Energy Supply of PG&E. Written materials (attached to the notice) were used. Cherry expressed support for the revised proposed decision and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. Cherry summarized PG&E's position as to pricing and policy for non-IEP settling QFs and noted the Alternate Proposed Decision would increase energy prices in excess of the IEP Settlement decision. Kuga explained that new QF contracts were not subject to CTC recovery and that bundled customers were exposed to stranded cost risks. Type: EXPARTE Filing Date: August 29, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: On August 28, 2007, Brian Cherry, Vice President, Regulatory Relations, Pacific Gas and Electric Company (PG&E) met with Andrew Campbell, advisor to Cmmr. Chong in San Francisco. Written materials (attached to the notice) were used. Cherry expressed support for the revised proposed decision and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. Cherry summarized PG&E's position and noted the Alternate PD of Cmmr. Grueneich would increase as available energy prices in excess of the IEP Settlement decision. Type: EXPARTE Filing Date: August 29, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: On August 28, 2007 Brian Cherry, Vice President, Regulatory Relations for Pacific Gas and Electric Company (PG&E) met with Jaclyn Marks, advisor to Cmmr. Simon in San Francisco. Also present was Robert Mason, advisor to Cmmr. Simon. Cherry expressed support for the revised proposed decision and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. Cherry summarized PG&E¿s position with respect to pricing for non-IEP settling QFs and noted the Alternate Proposed Decision of Cmmr. Grueneich would increase as available energy prices in excess of the IEP Settlement decision. Type: EXPARTE Filing Date: August 28, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: LATE FILED: On August 22, 2007 Thomas Bottorff, Senior Vice President, Regulatory Relations for Pacific Gas and Electric Company (PG&E) met with Pres. Peevey in San Francisco. Also present were Andy Schwartz, advisor to Pres. Peevey; Jana Corey, Director of Smart Energy Web; and Sean Gallagher, Director of the Energy Division. Bottorff expressed support for the revised proposed decision and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. Bottorff summarized PG&E's position with respect to pricing and policy for non-IEP settling QFs and noted the Alternate Proposed Decision increase energy prices in excess of the IEP Settlement decision. Type: EXPARTE Filing Date: August 24, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: On August 22, 2007, Brian Cherry, Vice President, Regulatory Relations, Pacific Gas and Electric Company (PG&E) met with Pres. Peevey in San Francisco. Also present were Fong Wan, Vice President, Energy Procurement and Roy Kuga, Vice President, Energy Supply, for PG&E. Written materials (attached to the notice) were used. Cherry expressed general support for the revised proposed decision and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. The representatives also commented on the Alternate Proposed Decision of Cmmr. Grueneich. The representatives recommended that the PD be revised to reflect a 6-month measurement period instead of 24-month period. Type: EXPARTE Filing Date: August 23, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On August 20, 2007 Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE) met with Andrew Schwartz, advisor to Pres. Peevey in San Francisco. Also present was Michael Hoover, Director of Regulatory Affairs of SCE. Foster stated that any methodology for calculating the short run avoided cost (SRAC) of energy should be based on data for a robust market from a transparent source. The methodology in the Revised Proposed Decision (PD) does not satisfy this, criteria because there is no publication that provides the 24 months of forward electricity prices required by the Revised PD. SCE's proposed SRAC methodology uses historical SP-15 day-ahead prices and relies on transparent, market-based data that SCE actually uses to dispatch resources. Foster also stated that there is no need to require Standard Offer contracts for expiring or new QF resources. Contact Person: Henry Romero, telephone: (626) 302-3102, email: Henry.Romero@sce.com. Type: EXPARTE Filing Date: August 21, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: On August 17, 2007, Brian Cherry, Vice President, Regulatory Relations, Pacific Gas and Electric Company (PG&E) met with Andy Campbell, advisor to Cmmr. Chong in San Francisco. Cherry expressed general support for the revised proposed decision and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. Cherry recommended that the Commission utilize a more limited measurement interval for forward prices and asked that the PD be revised to reflect a 6-month measurement period instead of 24-month period. Type: ALTERNATE Filing Date: August 20, 2007 Filed By: CMMR/GRUENEICH/CPUC Description: Opinion on Future Policy and Pricing for Qualifying Facilities. Opening Comments, which shall not exceed 15 pages, are due no later than September 9, 2007. Reply Comments are due 5 days after Opening Comments are filed. Type: EXPARTE Filing Date: August 15, 2007 Filed By: PACIFIC GAS AND ELECTRIC COMPANY Description: On August 13, 2007 Brian Cherry, Vice President, Regulatory Relations of Pacific Gas and Electric Company (PG&E) met with Cmmr. Bohn in San Francisco. Also present were Stephen St. Marie and Robert Kinosian, advisors to Cmmr. Bohn; and Fong Wan, Vice President, Energy Procurement for PG&E. Written materials (attached to the notice) were used. Cherry expressed general support for the revised proposed decision (PD) and stressed the need for expeditious Commission action on pricing and contract terms for QF contracts not covered by PG&E-IEP Settlement Agreement in 2006. Cherry summarized PG&E's position with respect to pricing and policy for non-IEP settling QFs. Wan suggested that the Commission utilize a more limited measurement interval for forward prices and recommended that the PD be revised to reflect a 6-month measurement period instead of the 24-month period described in the PD. Type: EXPARTE Filing Date: August 14, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On August 9, 2007, Michael Hoover, Director of Regulatory Affairs of Southern California Edison Company (SCE) sent an electronic note (copies attached to the notice) to Nancy Ryan and Andrew Schwartz, advisors to Pres. Peevey. Contact Person: Henry Romero, telephone: (626) 302-4124, email: Henry.Romero@sce.com. Type: EXPARTE Filing Date: August 13, 2007 Filed By: CALIFORNIA COGENERATION COUNCIL Description: SUMMARY: On August 8, 2007, Jerry R. Bloom, counsel for the California Cogeneration Council (CCC) met with Nancy Ryan, advisor to Pres. Peevey in San Francisco. Also present was Andrew Swartz, advisor to Pres. Peevey. Bloom stated that the Proposed Decision (PD) would have a significantly adverse impact on existing cogenerators and the second circulated draft suffered the same problems as the first draft. Bloom emphasized that NP-15 and SP-15 market prices need to be adjusted to account for the fact that the prices in these markets are deflated and do not reflect the utilities' avoided costs. Bloom explained that language in the PD should be corrected in respect of the retrospective application of a revised SRAC formula. Bloom also stated that the time of use factors for Pacific Gas and Electric Company and San Diego Gas and Electric Company need to be adjusted at the same time as the rest of the changes to the SRAC pricing methodology are adopted. Contact Person: Jerry R. Bloom, telephone: (213) 615-1756, e Type: EXPARTE Filing Date: August 13, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On August 8, 2007, Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE) had a telephone conversation with Nancy Ryan, advisor to Pres. Peevey. Foster discussed the Revised Proposed Decision (PD) of ALJ Halligan on Future Policy and Pricing for Qualifying Facilities (QFs). Foster stated that the short run avoided cost (SRAC) methodology in the Revised PD may not be able to be implemented because it relies on using estimates of two-year forward transactions for power and gas to calculate a heat rate. In contrast, SCE's SRAC relies on transparent, market-based data that SCE uses to actually dispatch resource; therefore, SP-15 day-ahead prices represent SCE's true short-run avoided cost of energy. Foster explained that MRTU is scheduled for completion next year when SCE will petition the Federal Energy Regulatory Commission (FERC) to be relieved of the PURPA must-take obligation. Foster further explained that the 20 MW cap is consistent with FERC's recently adopted PURPA re Type: REPORT Filing Date: August 8, 2007 Filed By: Pacific Gas and Electric Company Description: Energy Prices and Variable Energy Prices for Qualifying Facilities Effective August 1-31, 2007. Type: EXPARTE Filing Date: July 26, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On July 23, 2007, Michael Alcantar, counsel to the Cogeneration Association of California and the Energy Producers and Users Coalition (jointly CAC/EPUC), met with Jaclyn Marks, advisor to Cmmr. Simon and Andrew Campbell, advisor to Cmmr. Chong in two separate meetings in San Francisco. Also present were Nora Sheriff, counsel to CAC/EPUC; Donald Schoenbeck of RCS, Inc., consultant to CAC/EPUC; Neil Burgess, Executive Director of Sycamore Cogeneration Company; and Gaylord Edwards, Business Manager, Chevron Global Power Company. Written materials (attached to the notice) were used. Alcantar referred to the attached documents regarding the proposed decision and emphasized the importance of resolving the Qualifying Facilities' (QF) pricing and policy issues. Contact Person: Karen Terranova, telephone: (415) 421-4143, email: kt@a-klaw.com. Type: EXPARTE Filing Date: July 24, 2007 Filed By: Cogeneration Association of California Energy Producers and Users Coalition Description: SUMMARY: On July 20, 2007, Michael Alcantar counsel for the Cogeneration Association of California and the Energy Producers and Users Coalition (jointly, CAC/EPUC) met with Mathew Deal, advisor to Pres. Peevey in San Francisco. Also present was Donald Schoenbeck, counsel for CAC/EPUC. Written materials (attached to the notice) were used. Alcantar discussed the importance of resolving the Qualifying Facilities (QF) pricing and policy issues. Contact Person: Karen Terranova, telephone: (415) 421-4143, email: kt@a-klaw.com. Type: REPLY Filing Date: July 12, 2007 Filed By: Pacific Gas and Electric Company San Diego Gas & Electric Company Southern California Edison Company Description: Joint; to Responses of the Division of Ratepayer Advocates and the Natural Resources Defense Council to Joint Petition for Modification of Decision 06-06-063. Type: REPORT Filing Date: July 10, 2007 Filed By: Pacific Gas and Electric Company Description: Energy Prices and Variable Energy Prices for Qualifying Facilities effective July 1 - 31, 2007. Type: RESPONSE Filing Date: July 2, 2007 Filed By: Natural Resources Defense Council Description: to Joint Petition of PG&E, SDG&E and SCE for Modification of Decision 06-06-063. Type: EXPARTE Filing Date: July 2, 2007 Filed By: CALIFORNIA COGENERATION COUNCIL Description: On June 29, 2007, Beth Vaughan, Executive Director of the California Cogeneration Council (CCC), met with Andy Schwartz, advisor to Pres. Peevey in San Francisco. Also present were R. Thomas Beach, consultant to the CCC; Shakil Rahman, a member of the CCC employed by Juniper Generation; Dick Thomson, a member of the CCC employed by Proctor & Gamble; and Jerry R. Bloom and Joseph M. Karp of Winston & Strawn, L.L.P., counsel for the CCC. Written materials (attached to the notice) were used. The CCC representatives discussed the Proposed Decision (PD) and explained that NP-15 and SP-15 market prices need to be adjusted to reflect avoided costs and that the adjustment mechanism should be adopted. The CCC representatives also stated that the Commission should modify the TOU factors for SDG&E and PG&E when heat rate calculations are made. The CCC representatives further explained that the PD should be clarified regarding the revised SRAC formula and the new firm capacity price should be set with reference to the R Type: RESPONSE Filing Date: July 2, 2007 Filed By: DRA/LEE/CPUC Description: to Joint Petition of PG&E, SDG&E and SCE for Modification of Decision 06-06-063. Type: EXPARTE Filing Date: June 25, 2007 Filed By: CALIFORNIA WIND ENERGY ASSOCIATION Description: SUMMARY: On June 20, 2007, Brian O'Sullivan, a member of California Wind Energy Association (CalWEA), employed by Coram Energy, met with Pres. Peevey in San Francisco. Also present were Andy Schwartz, advisor to Pres. Peevey; and Joseph M. Karp of Winston & Strawn, L.L.P., counsel for CalWEA. CalWEA representatives discussed the Proposed Decision (PD) urging the Commission to retain the as-available standard offer contract option. CalWEA representatives explained that such an option will not discourage participation in the Renewable Portfolio Standard program stating that the revised SRAC energy pricing formula will have a significant effect on a number of renewable qualifying facilities. Type: EXPARTE Filing Date: June 22, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On June 20, 2007, Rod Aoki, counsel to Cogeneration Association of California and Energy Producers and Users Coalition (CAC/EPUC) met with Stephen St. Marie, advisor to Cmmr. Bohn in San Francisco. Also present were Theresa Cho, advisor to Cmmr. Grueneich; and Donald Schoenbeck of RCS Inc., consultant to CAC/EPUC. Written materials (attached to the notice) were used. The representatives clarified the efficiencies of industrial cogeneration operations and emphasized the need for contracts under the Commission's Prospective QF Program to have certainty both as to term and pricing, and the importance of a policy for new, small QFs. Contact person: Karen Terranova, telephone: (415) 421-4143; email: kt@a-klaw.com Type: RESPONSE Filing Date: June 20, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: to the Motion to Strike Appendices to the Reply Comments filed on June 4, 2007. Type: OPPOSITION Filing Date: June 20, 2007 Filed By: CALIFORNIA COGENERATION COUNCIL Description: to Motion of PG&E, SCE and SDG&E to strike Appendices to Opening and Reply Comments of the California Cogeneration Council. Type: EXPARTE Filing Date: June 18, 2007 Filed By: Independent Energy Producers Association Description: SUMMARY: On June 15, 2007, Douglas Kerner, attorney for the Independent Energy Producers Association (IEP), met with Andrew Schwartz, advisor to Pres. Peevey in San Francisco. Also present was Steven K. Kelly, Policy Director for IEP. The representatives expressed concern over the many flaws in the Proposed Decision (PD) ranging from legal, technical, and implementation problems and the PD is technically flawed in a number of areas for failing to adequately and precisely explain how key price factors will be determined. The representatives also stated that the PD has numerous gaps or is silent on the implementation of its proposal, including issues such as development, timing of updates, potential for protest, and review of mechanisms that will need to be in place before any new methodology could be employed. The representatives also expressed concern that failure to address these issues prior to adoption of a final decision will lead to future disputes and protests. Contact Person: Eric Janssen, telephone Type: RULING Filing Date: June 15, 2007 Filed By: ALJ/BROWN/CPUC Description: Setting Final Oral Argument Before the Commission. The Commission shall hold final oral argument on Tuesday, July 10, 2007, from 3:00 p.m. to 4:30 p..m., at the Commission Auditorium, State Office Building, 505 Van Ness Avenue, San Francisco, California. Type: REPORT Filing Date: June 15, 2007 Filed By: Southern California Edison Company Description: Updated Ex Ante Estimates of KW and KWH Savings of Customized Energy Efficiency Programs. Type: EXPARTE Filing Date: June 13, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On June 8, 2007, Michael Hoover, Director of Regulatory Affairs of Southern California Edison Company, met with Andrew Schwartz, advisor to Pres. Peevey in San Francisco. Written materials (attached to the notice) were used. Hoover discussed the Proposed Decision (PD) of ALJ Halligan explaining that the PD makes significant progress by basing short run avoided cost energy payments on a market-based formula. Hoover also explained that the PD has flaws that, if left uncorrected, will produce above-market payments in excess of avoided cost and impose long-term contracting burdens on utility bundled service customers that will not be shared by customers of other retail providers. Contact Person: Henry Romero, telephone: (626) 302-4124, email: Henry.Romero@sce.com. Type: EXPARTE Filing Date: June 13, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On June 8, 2007, Michael Hoover, Director of Regulatory Affairs of Southern California Edison Company, met with Andrew Campbell, advisor to Cmmr. Chong in San Francisco. Written materials (attached to the notice) were used. Hoover discussed the Proposed Decision (PD) of ALJ Halligan explaining that the PD makes significant progress by basing short run avoided cost energy payments on a market-based formula. Hoover also explained that the PD has flaws that, if left uncorrected, will produce above-market payments in excess of avoided cost and impose long-term contracting burdens on utility bundled service customers that will not be shared by customers of other retail providers. Contact Person: Henry Romero, telephone: (626) 302-4124, email: Henry.Romero@sce.com. Type: EXPARTE Filing Date: June 13, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On June 8, 2007, Michael Alcantar, counsel to the Cogeneration Association of California and the Energy Producers and Users Coalition (jointly, CAC/EPUC), met with Andrew Campbell, advisor to Cmmr. Chong in San Francisco. Also present were Jaclyn Marks, advisor to Cmmr. Simon and Donald Schoenbeck of RCS, Inc., consultant to CAC/EPUC. The representatives emphasized the need for contracts under the Commission's Prospective QF Program to have certainty both as to term and pricing, the importance of implementing the Prospective QF Program as a coherent whole, the need for the issuance of a timely decision and the importance of a policy for new, small QFs. Contact Person: Karen Terranova, telephone: (415) 421-4143, email: kt@a-klaw.com. Type: EXPARTE Filing Date: June 13, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On June 8, 2007, Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE) met with Jaclyn Marks, advisor to Cmmr. Simon in San Francisco. Also present was Michael Hoover, Director of Regulatory affairs of SCE. Written materials (attached to the notice) were used. Hoover discussed the Proposed Decision (PD) of ALJ Halligan explaining that the PD makes significant progress by basing short run avoided cost energy payments on a market-based formula. Hoover also explained that the PD has flaws that, if left uncorrected, will produce above-market payments in excess of avoided cost and impose long-term contracting burdens on utility bundled service customers that will not be shared by customers of other retail providers. Contact Person: Henry Romero, telephone: (626) 302-4124, email: Henry.Romero@sce.com. Type: EXPARTE Filing Date: June 11, 2007 Filed By: Cogeneration Association of California Energy Producers & Users Coalition Description: SUMMARY: On June 6, 2007, Rod Aoki, counsel to the Cogeneration Association of California and the Energy Producers and Users Coalition (jointly, CAC/EPUC), met with Pres. Peevey in San Francisco. Also present were Andrew Schwartz, advisor to Pres. Peevey; Nora Sheriff, counsel to CAC/EPUC; and Donald Schoenbeck of RCS, Inc. The representatives emphasized the need for contracts under the Commission's Prospective QF Program to have certainty both as to term and pricing. The representatives also discussed the importance of implementing the Prospective QF Program as a coherent whole and the need for a timely decision as well as a policy for new, small QFs. Contact Person: Karen Terranova, telephone: (415) 421-4143, email: kt@a-klaw.com. Type: EXPARTE Filing Date: June 11, 2007 Filed By: Southern California Edison Company Description: SUMMARY: On June 6, 2007, Bruce C. Foster, Senior Vice President of Southern California Edison Company (SCE) met with Stephen St. Marie, advisor to Cmmr. Bohn in San Francisco. Also present was Michael Hoover, Director of Regulatory Affairs of SCE. Written materials (attached to the notice) were used. Hoover discussed the Proposed Decision (PD) of ALJ Halligan explaining that the PD makes significant progress by basing short run avoided cost energy payments on a market-based formula. Hoover also explained that the PD has flaws that, if left uncorrected, will produce above-market payments in excess of avoided cost and impose long-term contracting burdens on utility bundled service customers that will not be shared by customers of other retail providers. Contact Person: Henry Romero, telephone: (626) 302-4124, email: Henry.Romero@sce.com. Type: REPORT Filing Date: June 11, 2007 Filed By: Pacific Gas and Electric Company Description: Energy Prices and Variable Energy Prices for Qualifying Facilities effective June 1 - 30, 2007. Type: OPPOSITION Filing Date: June 8, 2007 Filed By: CALIFORNIA COGENERATION COUNCIL Description: of the California Cogeneration Council to shorten time to respond to the motion to strike. Type: MOTION Filing Date: June 5, 2007 Filed By: Pacific Gas and Electric Company San Diego Gas & Electric Company Southern California Edison Company Description: to strike Appendices to Opening and Reply Comments of the California Cogeneration Council and to the Reply Comments of the Cogeneration Association of California and the Energy Producers and Users Coalition. Type: MOTION Filing Date: June 5, 2007 Filed By: Pacific Gas and Electric Company San Diego Gas & Electric Company Southern California Edison Description: to shorten time to respond to motion to strike and to shorten time for responses to this motion. DECISIONS Number of Decisions: 9 Decision Number: D0801006 Rendered Date: January 10, 2008 Effective Date: January 10, 2008 Description: Interim Opinion. Denies joint petition for modification of Decision 06-06-063. Decision Number: D0709040 Rendered Date: September 20, 2007 Effective Date: September 20, 2007 Description: Adopts specific policies and pricing mechanisms applicable to the electric utilities' purchase of energy and capacity from qualifying facilities pursuant to Public Utilities Regulatory Policy Act of 1978. These proceedings are closed. (Comr. Simon will file a concurrence.) Decision Number: D0607032 Rendered Date: July 20, 2006 Effective Date: July 20, 2006 Description: Adopts settlement agreement between PG&E and The Independent Energy Producers Association regarding qualifying facilities. Decision Number: D0606063 Rendered Date: June 29, 2006 Effective Date: June 29, 2006 Description: Interim Opinion: 2006 Update Of Avoided Costs And Related Issues Pertaining To Energy Efficiency Resources. Decision Number: D0603017 Rendered Date: March 2, 2006 Effective Date: March 2, 2006 Description: Denies rehearing of D05-12-009. Decision Number: D0512009 Rendered Date: December 1, 2005 Effective Date: December 1, 2005 Description: Continues the interim relief as provided in D04-01-050 for Qualifying Facilities with expired or expiring contracts from January 1, 2006 until the Commission issues a final decision in the combined two dockets, R04-04-003 and R04-04-025. Decision Number: D0510030 Rendered Date: October 27, 2005 Effective Date: October 27, 2005 Description: Grants intervenor compensation to the Natural Resources Defense Council and the Green Power Institute for their substantial contributions to D05-04-024. (Comr. Grueneich recused herself from this agenda item and was not part of the quorum in its consideration.) Decision Number: D0504024 Rendered Date: April 7, 2005 Effective Date: April 7, 2005 Description: Interim Opinion. Adopts a new avoided cost forecast methodology described in the E3 report. (Comr. Grueneich recused herself from this agenda item and was not part of the quorum in its consideration.) Decision Number: D0405001 Rendered Date: May 3, 2004 Effective Date: May 3, 2004 Description: Corrects error in R04-04-025.

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