ALJ/hkr Date of Issuance 10/1/2009

Decision 09-09-045 September 24, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Continue Implementation and Administration of California Renewables Portfolio Standard Program.

Rulemaking 06-05-027
(Filed May 25, 2006)

DECISION GRANTING INTERVENOR COMPENSATION
TO SUSTAINABLE CONSERVATION
FOR SUBSTANTIAL CONTRIBUTIONS TO DECISION 07-07-027

TABLE OF CONTENTS

Title Page

DECISION GRANTING INTERVENOR COMPENSATION
TO SUSTAINABLE CONSERVATION FOR SUBSTANTIAL
CONTRIBUTIONS TO DECISION 07-07-027 2 2

1. Background 2 2

2. Requirements for Awards of Compensation 3 3

2.1. Initial Procedural Issues 4 4

3. Customer Status 4 4

4. Significant Financial Hardship 9 9

5. Substantial Contribution 10 10

5.1. Tariff Expansion to Other Eligible Facilities 11 11

5.2. Excess Sales Option 12 12

5.3. No Program Termination Date 13 13

5.4. Full Market Price 13 13

5.5. Importance of Interconnection 14 14

5.6. Frequency of Payments 14 14

5.7. Ownership of Renewable Energy Credits 15 15

5.8. Treatment of Net Greenhouse Gas Emissions 16 16

5.9. Summary 16 16

6. Contributions of Other Parties 16 16

7. Reasonableness of Requested Compensation 19 19

7.1. Hours and Costs Related to and Necessary
for Substantial Contribution 20 20

7.2. Intervenor Hourly Rates 21 21

7.3. Direct Expenses 23 23

8. Productivity 23 23

9. Award 24 24

10. Other Outstanding Matters 26 26

11. Comments on Proposed Decision 26 26

12. Assignment of Proceeding 26 26

Findings of Fact 26 26

Conclusions of Law 27 27

ORDER 27 27

APPENDIX-Compensation Decision Summary Information

DECISION GRANTING INTERVENOR COMPENSATION
TO SUSTAINABLE CONSERVATION
FOR SUBSTANTIAL CONTRIBUTIONS TO DECISION 07-07-027

This decision awards Sustainable Conservation $21,482.75 in compensation for its substantial contributions to Decision 07-07-027. This represents a decrease of $8,910.75 (29%) from the $30,394.50 amount requested due to a lack of substantial contribution, duplication with RCM International, and a simple miscalculation. Today's award is allocated to the three largest affected utilities for payment. This proceeding is closed.

1. Background

California electrical corporations must make a tariff available to public water and wastewater agencies for the purchase of electricity generated from certain electric generation facilities powered by renewable resources. They may make the terms of the tariff available in the form of a standard contract.¹

Decision (D.) 07-07-027 (Decision) adopts tariffs and standard contracts for the purchase of this electricity from water and wastewater customers. The result is a simple and streamlined mechanism for certain generators to sell electricity to the utility without complex negotiations and delays. We also adopt similar tariffs and standard contracts for the purchase of electricity from other customers on the same simple and streamlined basis. Sustainable Conservation participated in the proceeding leading up to the Decision, and seeks compensation here for its contribution.

¹ Pub. Util. Code § 399.20 (Assembly Bill (AB) 1969 (Yee) Stats. 2006, Chapter 731.) All code references are to the Public Utilities Code unless noted otherwise.