8. Ex Parte Communications

In accordance with Rule 8.2, ex parte communications6 in this proceeding are allowed without restriction or reporting requirement.

1. The Commission has expressed its support for the development and adoption of distributed generation technologies, including solar, wind and fuel cells, by utilities and customers.

2. State policy and utility rules will affect the development of distributed generation.

1. The Commission should initiate a new rulemaking to continue to consider policies, rules and practices that would promote the development of cost-effective distributed generation in California.

2. Because the issues remaining in R.08-03-008 will be addressed in this rulemaking, the record in R.08-03-008 should be incorporated into this docket and R.08-03-008 should be closed.

O R D E R

Therefore, IT IS ORDERED that:

1. A rulemaking is instituted on the Commission's own motion to establish policies and rules regarding distributed generation and distributed energy resources, to implement the provisions of the California Solar Initiative as set forth in Senate Bill 1 and Commission orders, and to address ongoing issues associated with the Self-Generation Incentive Program.

2. Pacific Gas and Electric Company, Southern California Edison Company, Southern California Gas Company, and San Diego Gas & Electric Company are made respondents to this proceeding.

3. The record in Rulemaking 08-03-008 is incorporated in this proceeding by reference, and any pending matters in that former rulemaking will be addressed in this new proceeding under the new caption. Any future petitions to modify decisions in prior distributed generation rulemakings should be filed in this new proceeding and served on the service list of both this docket and the docket of the original order.

4. The Executive Director shall cause this Order Instituting Rulemaking to be served on the respondents, the Executive Director of the California Energy Commission, the California Independent System Operator, the California Air Resources Board, the California Environmental Protection Agency, and on the parties to Rulemaking 08-03-008.

5. Within 20 days from the date of mailing of this order, any person or representative of an entity interested in monitoring or participating in this rulemaking that is not already on the service list for Rulemaking 08-03-008 should send a letter to the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California 94102, or electronically to process_office@cpuc.ca.gov, asking that his or her name be placed on the service list for this rulemaking. A copy of the letter should be sent to Administrative Law Judge Dorothy Duda (dot@cpuc.ca.gov) and Administrative Law Judge Maryam Ebke (meb@cpuc.ca.gov) at the Commission.

6. The category of this rulemaking is preliminarily determined to be "quasi-legislative." Any persons objecting to the preliminary categorization of this rulemaking as "quasi-legislative" or to the preliminary determination that limited evidentiary hearings are not necessary shall state their objections at the prehearing conference to be scheduled by the assigned Administrative Law Judge.

7. The assigned Administrative Law Judge shall conduct proceedings in this rulemaking to effect the Commission's policy and direction as set forth herein; in that capacity the assigned Administrative Law Judge, in consultation with the assigned Commissioner, may make any adjustments to the schedule and service list for this proceeding.

8. Any party that expects to request intervenor compensation for its participation in this rulemaking shall file its notice of intent to claim intervenor compensation in accordance with Rule 17.1 of the Commission's Rules of Practice and Procedure, unless they were previously granted eligibility to request compensation in Rulemaking 08-03-008 and there are no material changes to their by-laws or financial status.

9. Rulemaking 08-03-008 is closed.

This order is effective today.

Dated May 6, 2010, at San Francisco, California.

6 An ex parte communication is defined in Rule 8.1(c) as:

... a written communication (including a communication by letter or electronic medium) or oral communication (including a communication by telephone or in person) that:

Previous PageTop Of PageGo To First Page