4. Issues before the Commission

The issues before the Commission in this proceeding are largely determined by statute and Commission precedent. These include:

1. Are SCE's Phase I costs reasonable and recoverable in rates?19 (Addressed in Section 5.2.)

2. Are SCE's Phase II costs reasonable and recoverable in rates? (Addressed in Section 5.3.)

3. Is the HECA project so duplicative of other projects that the information that feasibility studies would yield fails to produce benefits that make it reasonable to authorize recovery of costs in rates?20 (Addressed in Section 5.1.)

4. Does SCE's public disclosure plan comply with the requirements of Resolution E-4227A and D.08-04-038? (Addressed in Section 6.)

5. Does SCE's HECA project fit into SCE's overall procurement strategy, as required by E-4227A? (Addressed in Section 7.)

6. Has SCE provided notice to all parties to D.06-05-016 and D.07-12-052, as required by Resolution E-4227A? (Addressed in Section 8.)

7. Has SCE provided a detailed budget for the HECA project in its application, as required by Resolution E-4227A? (Addressed in Section 9.)

8. Is the Department of Energy's decision to fund a large portion of the HECA project costs a factor relevant to this decision? Is SCE's participation in the project critical to DOE's funding decision?21 (Addressed in Section 10.)

9. Would a decision to authorize SCE to recover Phase I costs constitute retroactive ratemaking?22 (Addressed in Section 5.2.)

19 As discussed above, § 454(a) requires that the Commission, based upon a showing of the utility, reach a finding that it is reasonable for a utility to recover any costs in rates.

20 This issue is squarely raised in DRA's Opening Brief.

21 This issue is squarely raised in TURN's Opening Brief.

22 This issue is raised in DRA's Opening Brief.

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