John A. Bohn is the assigned Commissioner and Michael J. Galvin is the assigned ALJ in this proceeding.
1. PG&E entered into a Settlement with CCUE and DRA which resolves every issue in this proceeding.
2. The Settlement commands the sponsorship of all active parties in this proceeding.
3. The active parties with respect to the Settlement are fairly reflective of the affected interests in this proceeding.
4. No term of the Settlement contravenes statutory provisions or prior Commission decisions.
5. The Settlement conveys sufficient information to permit the Commission to discharge its future regulatory obligation with respect to the parties and their interests.
6. There is no opposition to the proposed Settlement.
2. The Settlement is reasonable in light of the whole record, consistent with law, and in the public interest.
3. The Settlement should be adopted.
4. PG&E should be authorized to implement changes in its revenue requirements and rates in accordance with the terms of the Settlement.
5. This decision should be made effective immediately to enable PG&E to implement the Settlement without delay.
IT IS ORDERED that:
1. The All-Party Settlement Agreement set forth in Attachment A between Pacific Gas and Electric Company, the Coalition for California Utility Employees, and the Division of Ratepayer Advocates is adopted.
2. Pacific Gas and Electric Company is authorized to implement the revenue requirement changes resulting from the All-Party settlement Agreement for 2011 into its year-end 2010 Annual Electric True-up and Annual Gas True-up advice filings. Annual adjustments under the adopted All-Party Settlement Agreement thereafter shall be incorporated into the Annual Electric True-up and Annual Gas True-up filings to be effective January 1 of the subsequent year.
3. Pacific Gas and Electric Company shall retain its Pension Contribution Balancing Account for differences between authorized contributions to its retirement Plan Trust and (1) lower contributions for any reason and (2) federally mandated higher contributions.
4. Pacific Gas and Electric Company may file a Tier 2 Advice letter to recalculate its Retirement Plan Trust contribution and revenue requirements if and when the actual funded status of the trust falls below 85%.
5. Pacific Gas and Electric Company shall apply its 2013 annual Retirement Plan cash-contribution level in subsequent years until Retirement Plan Trust funding is resolved for the subsequent years in a new general rate case or application.
6. Pacific Gas and Electric Company shall direct the Commission's copy of its annual retirement contribution report set forth in the All-Party Settlement Agreement to the Energy Division Director.
7. Application 09-03-003 is closed.
This order is effective today.
Dated September 10, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners