2. Procedural Background

Pacific Gas and Electric Company (PG&E) filed this application on April 1, 2009, seeking an expedited order by November 2009 on the basis that delaying an order until after that time creates the risk that the Mariposa Energy Center will not be on line by the 2012. Protests were timely filed by CAlifornians for Renewable Energy (CARE) and by the Division of Ratepayer Advocates (DRA). The assigned Administrative Law Judge (ALJ) convened a prehearing conference (PHC) on June 23, 2009 and the Joint Scoping Memo Ruling of the assigned Commissioner and ALJ was issued on July 9, 2009.

As stated in the Scoping Memo Ruling, issues related to cost-effectiveness, reasonableness, compliance with the directives provided in Decision (D.) 07-12-052, including viability and rate recovery proposals, are within the scope of this proceeding. All issues related to the environmental review that will occur at the California Energy Commission or to the issuance of air quality permits are excluded from this proceeding.

Parties filed and served a Joint Case Management Statement on August 7, 2009. PG&E properly noticed and convened a settlement conference on August 28, 2009. PG&E, DRA, CARE, The Utility Reform Network (TURN), and California Unions for Reliable Energy (CURE) filed a motion for approval of a proposed all-party Settlement Agreement on September 3, 2009.¹

Because the proposed Settlement Agreement is uncontested, there is no need for comments on the Settlement Agreement. In addition, because this Settlement Agreement resolves all material disputed issues, there is no need to convene evidentiary hearings. Therefore, this proceeding is submitted upon filing of the motion to approve the Settlement Agreement.

¹ PG&E also filed two additional motions on September 3, 2009: a motion to receive its public testimony into evidence and a motion to file its confidential testimony and appendices under seal. The assigned ALJ granted those motions by ruling on September 25, 2009.