6. Does SCE's Public Disclosure Plan comply with the Requirements of Resolution E-4227A?
As noted above, Resolution E-4227A requires that:
Further, SCE should include, in such an application, a plan to publicize detailed study results to the greatest extent possible.97
For this reason, we review SCE's proposed disclosure plan to determine whether it complies with this disclosure requirement.
6.1. Position of Parties
SCE argues that its Public Disclosure Plan "meets this requirement."98 SCE notes that the "proposed plan has two components: (1) public workshops and (2) a process to provide access to one or more of the 28 reports that SCE will receive, with appropriate copyright/use restrictions as provided by law."99 SCE explains that:
The workshops will provide the results of the study, and provide interested third parties the opportunity to review the report and answers to any questions concerning the reports. The reports will cover the subjects listed in the HECA Study Agreement: technology appraisal; feedstock and water; process and system configuration; EOR and carbon sequestration; environmental safety and health; operations, maintainability and constructability; water treatment; acid gas removal; CAISO interconnection; value engineering; and process design package.100
SCE concludes by arguing that no party opposed the disclosure plan.
HEI argues that the "goals of the Plan include wide dissemination of information to those who can help push the technology forward..."101 HEI points out that "the reports would include descriptions of available options, technology, and the justification of selection for components of the proposed HECA facility and feasibility study."102
HEI links the disclosure to the reimbursement of SCE costs by ratepayers and notes that "[t]here is no evidence that any private power project developer has ever publicly released feasibility study reports where the public (ratepayers) had no investment in the private power project."103
TURN does not oppose the public disclosure plan, but argues that "SCE should be required to publicly disclose the HECA feasibility study reports immediately, whether or not ratepayers bear any cost of the study."104 TURN argues that "[n]othing in the decision [D.08-04-038] links the public disclosure to ratepayer funding of the studies, or suggest that the outcome would have been different had SCE shareholders funded the studies."105
6.2. Discussion
SCE's disclosure plan meets the requirements of Resolution E-4227A. No party has objected to any aspect of the disclosure plan.
Since the decision authorizes the ratepayer funding of the cost of the HECA studies as proposed by SCE, we need not consider TURN's argument that the Commission should require the disclosure of information even if ratepayers do not provide funding at this time.
97 Resolution E-4227A at Finding 10.
98 SCE Opening Brief at 27.
99 SCE Opening Brief at 28, citing Ex. SCE-1 at 8.
100 SCE Opening Brief at 28, footnotes omitted.
101 HEI Opening Brief at 18.
102 Id.
103 Id., footnotes omitted.
104 TURN Opening Brief at 23.
105 Id. at 26.
