9. Assignment of Proceeding

Rachelle B. Chong is the assigned Commissioner and David K. Fukutome is the assigned Administrative Law Judge in this proceeding.

1. DRA has reviewed the Amended and Restated EnerNOC Agreement and has no objections.

2. The Amended and Restated EnerNOC Contract will fill a small portion of SDG&E's authorized bundled customer system need.

3. The agreement with EnerNOC was appropriately solicited via SDG&E's 2010-2012 RFO.

4. The Amended and Restated EnerNOC Agreement is cost effective.

5. The Amended and Restated EnerNOC Agreement is consistent with the Commission's Energy Action Plan II loading order.

6. The Amended and Restated EnerNOC Agreement is consistent with the Commission's GHG standards.

7. The requested regulatory accounting and cost-recovery mechanism associated with the Amended and Restated EnerNOC are consistent with the established and previously authorized-regulatory accounting and cost recovery for SDG&E's current DR programs.

1. The prices and terms of the Amended and Restated EnerNOC Agreement are just and reasonable.

2. The Amended and Restated EnerNOC Agreement should be approved.

3. Full cost recovery in rates, as requested by SDG&E, should be granted.

4. The regulatory accounting and cost-recovery mechanism, as proposed by SDG&E, are reasonable and should be adopted.

5. SDG&E's July 9, 2009 motion to offer its testimony into evidence is consistent with the provisions of Rule 13.8(d) of the Commission's Rules of Practice and Procedure and should be granted.

6. SDG&E's July 9, 2009 motion to seal the evidentiary record is consistent with the provisions of D.06-06-066 and should be granted.

7. This decision should be effective today.

ORDER

IT IS ORDERED that:

1. The San Diego Gas & Electric Company demand response capacity contract with EnerNOC, Inc., as amended and restated on July 9, 2009 (Amended and Restated EnerNOC, Inc. Agreement) is approved.

2. Operation and maintenance expenses, capital related costs
(i.e., depreciation, return and taxes), contractual payments, and all other contract costs associated with the Amended and Restated EnerNOC, Inc. Agreement shall be recorded in San Diego Gas & Electric Company's existing Advanced Metering and Demand Response Memorandum Account. The Advanced Metering and Demand Response Memorandum Account balances shall continue to be transferred to the Rewards and Penalties Balancing Account on an annual basis for amortization in San Diego Gas & Electric Company's electric distribution rates over 12 months, effective on January 1 of each year, consistent with
San Diego Gas & Electric Company's adopted tariffs.

3. San Diego Gas & Electric Company's July 9, 2009 motion to offer testimony into evidence is granted. As described in the body of this decision, the pieces of San Diego Gas & Electric Company's testimony are identified as Exhibits 1 through 4 and are received into evidence.

4. San Diego Gas & Electric Company's July 9, 2009 motion to seal portions of the evidentiary record is granted. Exhibits 1 and 3 shall be placed under seal and shall remain sealed until March 6, 2012.

5. Application 09-03-012 is closed.

This order is effective today.

Dated September 10, 2009, at San Francisco, California.

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