Procedural Background

The Joint Petitioners' Petition for Modification of Commission Decisions 06-10-019 and 06-10-050 (Petition) was filed May 1, 2009.¹ Timely responses to the petition, in accordance with Rule 16.4(f) of the Commission's Rules of Practice and Procedure,² were filed by California Manufacturers and Technology Association; Pilot Power Group, Inc.; Pacific Gas and Electric Company (PG&E); Green Power Institute and Union of Concerned Scientists (jointly) (GPI); Southern California Edison Company (SCE); Energy Users Forum; 3 Phases Renewables, LLC and Commerce Energy, Inc. (jointly); and Alliance for Retail Energy Markets (AReM) , California Retailers Association, Direct Access Customer Coalition (DACC), and Western Power Trading Forum (jointly). With permission granted by the Administrative Law Judge (ALJ) pursuant to Rule 16.4(g), the petitioners filed a timely reply to the responses.

D.06-10-019 was issued in Rulemaking (R.) 06-02-012, the RPS design proceeding. D.06-10-050 was issued in R.06-05-027, the RPS procurement and administration proceeding. R.08-08-009 is the successor proceeding to R.06-05-027; R.06-02-012 remains open. In accordance with the Administrative Law Judge's Ruling on Petitions for Modification (October 21, 2009), this decision will be filed in both proceedings because the Petition was filed in both proceedings.

¹ The organizations filing the Petition are Constellation NewEnergy, Inc., Direct Energy, Inc., The Utility Reform Network, the Community College League of California, and the California Large Energy Consumers Association. They will be referred to collectively as "petitioners."

² The Commission's Rules of Practice and Procedure are codified at Chapter 1, Division 1 of Title 20 of the California Code of Regulations. Unless otherwise indicated, all subsequent citations to rules refer to the Rules of Practice and Procedure, and all citations to sections refer to the Public Utilities Code.