10. Ex Parte Communications

Communications with decisionmakers and advisors in this Rulemaking are governed by Article 8 of the Rules of Practice and Procedure.
(See Rule 8.4(b), Rule 8.2(c), and Rule 8.3.)

IT IS ORDERED that:

1. In accordance with Rule 6.1 of the Commission's Rules of Practice and Procedure, (Rules) the Commission institutes this Order Instituting Rulemaking on its own motion to examine post-2008 energy efficiency policies, programs, evaluation, measurement and verification, and related issues. As indicated in Rule 6.1, this proceeding may result in the adoption, repeal, or amendment of rules, regulations, and guidelines that constitute the energy efficiency program, and may modify prior Commission decisions pertaining to the energy efficiency program that were adopted by this Order Instituting Rulemaking.

2. Interested persons must follow the directions in this Order Instituting Rulemaking to become a party or to be placed on the official service list as a non-party.

3. The Commission's Process Office will publish the official service list on the Commission's website (www.cpuc.ca.gov) as soon as practicable. Parties may also obtain the service list by contacting the Process Office at (415) 703-2021.

4. Any party that expects to claim intervenor compensation for its participation in this Order Instituting Rulemaking shall file its notice of intent to claim intervenor compensation no later than 30 days from the date of the Scoping Memo in this proceeding.

5. Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company, and Southern California Gas Company are Respondents to this proceeding and are parties to this proceeding pursuant to Rule 1.4(d) of the Commission's Rules of Practice and Procedure.

6. The Executive Director will cause this Order Instituting Rulemaking to be served on Respondents, the California Energy Commission, and the service lists in Rulemaking 06-04-010 and consolidated Application (A.) 08-07-021, A. 08-07-022, A. 08-07-023 and A. 08-07-031.

7. The category for this Order Instituting Rulemaking, as defined herein, is preliminarily determined to be quasi-legislative as that term is defined in Rule 1.3 of the Commission's Rules of Practice and Procedure.

8. Rulemaking 06-04-010 remains open for the purposes of resolving an outstanding Motion filed by Pacific Gas and Electric Company on July 29, 2009 and a Petition for Modification of Decision 05-05-041 filed by Pacific Gas and Electric Company on July 30, 2009. The Order Instituting Rulemaking opened today will now serve as the procedural forum for all other transition issues or filings related to pre-2009 energy efficiency programs that would otherwise have been addressed or filed in Rulemaking 06-04-010. As to those matters, the record developed in that proceeding is available for consideration in this proceeding.

9. As soon as practicable, the assigned Commissioner or Administrative Law Judge will schedule a Prehearing Conference in this Order Instituting Rulemaking.

This order is effective today.

Dated November 20, 2009, at San Francisco, California.

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