7. Conclusion

For the reasons discussed above, we find the proposed settlement agreements to be reasonable in light of the whole record, consistent with law, and in the public interest. Accordingly, we shall grant the motions to adopt the following settlement agreements:

1. Revenue Allocation Settlement Agreement, filed January 9^, 2009, by SCE, TURN, DRA, CFBF, AECA, FEA, CMTA, CLECA, EUF, ICP, CAL-SLA, BOMA, EPUC, and Solar Alliance.

2. Street Light Rate Group Settlement Agreement, filed January 20, 2009, by SCE, CAL-SLA, and PVRPD.

3. Commercial Submetering Settlement Agreement, filed January 20, 2009, by SCE, Simon Property Group, and BOMA.

The Residential and Small Commercial Rate Design Settlement Agreement, the Medium and Large Power Rate Group Rate Design Settlement Agreement and the Agriculture and Pumping Rate Group Rate Design Settlement Agreement shall be modified to ensure that the provisions concerning participation in more than one demand response program are consistent with the policies ultimately adopted in the Commission's demand response proceeding (Application (A.) 08-06-001 et al.). We shall grant the motions and adopt these settlement agreements, as modified. To the extent the decision ultimately adopted in A.08-06-001 will require rate design changes to avoid duplicate payments or negative demand charges, SCE shall file a 2009 Rate Design Window Application proposing these changes.

To the extent these settlement agreements have closed or eliminated existing rate schedules, SCE shall work with the appropriate industry and/or consumer groups to ensure that the affected customers are notified of this occurrence and, as necessary, moved to an appropriate alternate rate schedule. As requested by SCE, the rates adopted in this decision shall be effective no earlier than October 1, 2009 with the exception of Schedule TOU-EV-1, which shall become effective immediately and the CIA, which shall be implemented concurrently with other rate adjustments in SCE's 2010 Energy Resource Recovery Account forecast proceeding. Further, the commercial submetering settlement agreement shall become effective immediately.

Additionally, we find no merit in Citrus Packers' request to modify SCE's agricultural tariff to allow all packers to be served under the agricultural rate schedules. Therefore, Citrus Packers' request shall be denied.

This decision also finds that SCE should propose additional dynamic pricing rates for its customers in a separate application. This dynamic pricing rate design application shall be filed no later than September 1, 2010. In that filing, SCE shall propose default and/or mandatory TOU and TOU/CPP rates as discussed in this decision. These rates shall be proposed to be effective on January 1, 2012.

This decision further grants SCE's motion to update the settlement agreements to reflect updated revenue requirements and proposed rates. Attachment I of this decision shall be made a part of the administrative record.

Finally, this decision denies Transphase's motion to disqualify President Peevey from serving as the assigned Commissioner in this proceeding and from voting on this proposed decision. As discussed above, Transphase has failed to demonstrate any bias or prejudgment on any issue in this proceeding on the part of President Peevey.