12. Ex Parte Communications
Communications with decisionmakers and advisors in this rulemaking are subject to the rules on ex parte communications set forth in Article 8 of the Rules of Practice and Procedure. (See Rule 8.4(b), Rule 8.2(c), Rule 8.3 and 8.5.)
Therefore, IT IS ORDERED that:
1. The Commission institutes this rulemaking on its own motion to continue its efforts to ensure reliable and cost-effective electricity supply in California through integration and refinement of a comprehensive set of procurement policies and review of long-term procurement plans.
2. Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison, and all other load serving entities as defined in Public Utilities Code Section 380(j) are respondents to this proceeding. Appendix A lists such entities as reflected in the Commission's records. Any error or omission in Appendix A shall not excuse any load-serving entity from respondent status.
3. This is a successor proceeding to the Commission's procurement rulemaking, Rulemaking (R.) 08-02-007, with respect to long-term procurement plans and the record developed in that proceeding is fully available for consideration in this proceeding.
4. The Executive Director shall cause this Order Instituting Rulemaking to be served on the respondents listed in Paragraph 2 above, and on the service lists for Rulemaking (R.) 08-02-007, R.08-08-009 (Renewables Portfolio Standards), R.05-12-013 and R.09-10-032 (Resource Adequacy), R.08-07-011 (Energy Efficiency), R.07-01-041 (Demand Response), R.08-03-008 (California Solar Initiative), and R.08-03-009/Investigation 08-03-010 (Renewable Transmission).
5. A prehearing conference is scheduled for June 14, 2010 at 10:00 a.m. in the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California. A service list will be established at that time.
6. Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison shall, and other parties may, file comments on the Preliminary Scoping Memo and Schedule by June 4, 2010. Pursuant to Rule 6.2 of the Commission's Rules of Practice and Procedure, parties shall include in their comments any objections regarding the category, need for hearing, issues to be considered, or schedule.
7. Any person or representative of an entity interested in participating in or monitoring this proceeding that does not make an appearance at the prehearing conference shall follow the process for doing so set forth herein.
8. The category of this rulemaking is preliminarily determined to be ratesetting, and is subject to the ex parte communication rules stated in Article 8 of the Rules of Practice and Procedure.
9. Evidentiary hearings are anticipated.
10. Any party that expects to claim intervenor compensation for its participation in this rulemaking shall file its notice of intent (NOI) to claim intervenor compensation no later than 30 days after the prehearing conference, even if that party had previously sought intervenor compensation status in Rulemaking (R.) 08-02-007. Determinations of eligibility for intervenor compensation rendered in R.08-02-007 shall continue to this proceeding upon request in the NOI. Contributions made during the pendency of R.08-02-007 to issues within the scope of this proceeding may be considered for compensation in this proceeding.
11. The assigned Commissioner or Administrative Law Judge may make any revisions to the scheduling and filing determinations made herein as necessary to facilitate the efficient management of the proceeding, including reorganization of issues between the separate tracks of the proceeding.
12. Rulemaking 08-02-007 is closed.
13. This order is effective today.
Dated May 6, 2010, at San Francisco, California
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
TIMOTHY ALAN SIMON
NANCY E. RYAN
Commissioners
I reserve the right to file a concurrence.
/s/ TIMOTHY ALAN SIMON
Commissioner
APPENDIX A
Load-Serving Entities as Defined in Section 380(j)
Electrical Corporations
Gloria Britton (909)
Regulatory Affairs Manager
Anza Electric Co-Operative, Inc.
58470 Highway 371
Anza, CA 92539-1909
John Dutcher, Vice President (906)
Mountain Utilities
P. O. Box 205
Kirkwood, CA 95646
Brian Cherry (39)
Director, Regulatory Relations
Pacific Gas and Electric Company
P. O. Box 770000, B10C
San Francisco, CA 94177
Mark Tucker (901)
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
CALIFORNIADOCKET@PACIFICORP.COM
Robert Marshall, General Manager (908)
Plumas Sierra Rural Electric Coop.
73233 State Route 70
Portola, CA 96122-7069
Steve Rahon (902)
Director, Tariff & Regulatory Accounts
San Diego Gas & Electric Company
8330 Century Park Court, CP32C
San Diego, CA 92123-1548
Andy Brown
NV Energy/ (903)
Sierra Pacific Power Company
Ellison, Schneider & Harris, LLP
2600 Capital Avenue, Suite 400
Sacramento, CA 95816-5931
Akbar Jazayeiri (338)
Director of Revenue & Tariffs
Southern California Edison Company
P. O. Box 800
2241 Walnut Grove Avenue
Rosemead, CA 91770
Ronald Moore (133)
Golden State Water Company/Bear Valley Electric
630 East Foothill Blvd.
San Dimas, CA 91773
Daniel Silveria (926)
General Manager
Surprise Valley Electric Corporation
P.O. Box 691
Alturas, CA 96101
Brian Fickett (928)
Valley Electric Association
800 E. Hwy 372
Pahrump, NV 89048
Electric Service Providers
Inger Goodman
Commerce Energy, Inc. (1092)
600 Anton Blvd. Ste. 2000
Costa Mesa, CA 92626
The Corporation Trust Company
Commerce Energy, Inc. (1092)
818 West 7th Street, 2nd floor
Los Angeles, CA 90017
Andrea Morrison
Direct Energy Services, LLC (1341)
415 Dixon Street
Arroyo Grande, CA 93420
andrea.morrison@directenergy.com
CT Corporation System
Direct Energy Services, LLC (1341)
818 West Seventh Street, 2nd Floor
Los Angeles, CA 90017
Kerry Hughes (1351)
Direct Energy Business, LLC
Liberty Center
1001 Liberty Avenue
Pittsburgh, PA 15222
CT Corporation Services (1351)
Direct Energy Business, LLC
818 West 7th Street, 2nd Floor
Los Angeles, CA 90017
Andrew Brown
Constellation NewEnergy, Inc. (1359)
Ellison, Schneider & Harris, L.L.P.
2600 Capitol Avenue, Suite 400
Sacramento, CA 95816
Jason Armeta
Calpine PowerAmerica-CA, LLC (1362)
717 Texas Avenue, Ste. 100
Houston, TX 77002
CSC Lawyers Incorporating Service
Calpine PowerAmerica-CA, LLC (1362)
2730 Gateway Oaks Drive, Suite 100
Sacramento, CA 95833
Drake Welch
Sempra Energy Solutions (1364)
401 West A Street, Suite 500
San Diego, CA 92101-3017
Thomas Darton
Pilot Power Group, Inc. (1365)
8910 University Center Lane, Suite 520
San Diego, CA 92122
Rick C. Noger
Praxair Plainfield, Inc. (1370)
2711 Centerville Road, Suite 400
Wilmington, DE 19808
Andrea Santiago
Liberty Power Holdings LLC (1371)
1901 W. Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
asantiago@libertypowercorp.com
Andrea Santiago
Liberty Power Delaware LLC (1372)
1901 W. Cypress Creek Road, Suite 600
Fort Lauderdale, FL 33309
asantiago@libertypowercorp.com
Corporate Creations Network, Inc
Liberty Power Delaware LLC (1372)
131 - A Stony Circle #500
Santa Rosa, CA 95401
Michael Mazur
3 Phases Electrical Consulting (1373)
2100 Sepulveda Blvd., Suite 37
Manhattan Beach, CA 90266
Marcie Milner, Vice President
Shell Energy (1374)
4445 Eastgate Mall, Suite 100
San Diego, CA 92121
Drake Welch
The Royal Bank of Scotland (1375)
36 St. Andrew Square
Edinburg - Scotland, UK EH2-2YB
Lori Nalley, CEO
Tiger Natural Gas, Inc. (1376)
1422 E. 71st, Suite J
Tulsa, OK 74136
Tiger Natural Gas, Inc. (1376)
CT Corporation System
915 L Street, Suite 1440
Sacramento, CA 95814
Jessica Evans, Director Customer Care
Glacial Energy of California, Inc. (1377)
24 Route 6A
Sandwich, MA 02563
jessica.evans@glacialenergy.com
Glacial Energy of California, Inc. (1377)
XL Corporate Services, Inc.
Attn: Beth Toro
720 14th Street
Sacramento, CA 95814
Any electric service provider that, subsequent to the date of the order instituting this rulemaking, becomes registered to provide services within the service territory of one or more of the respondent electrical corporations through direct access transactions shall, upon such registration, become a respondent to this proceeding. Any electric service provider respondent whose registration is cancelled during the course of this proceeding shall, upon confirmation of such cancellation by the Energy Division, cease to be a respondent to this proceeding.
Community Choice Aggregators with approved implementation plans
John Dalessi
Director, Marin Energy Authority
3100 Zinfandel Drive, Suite 600
Rancho Cordova, CA 95670
jdalessi@navigantconsulting.com
David Orth
San Joaquin Valley Power Authority
Administrative Offices at Kings River Conservation District
4886 East Jensen Avenue
Fresno, CA 93725
Mike Campbell
City and County of San Francisco
SF Public Utilities Commission
1155 Market St., 11th floor
San Francisco CA, 94103
Any community choice aggregator that, subsequent to the date of the order instituting this rulemaking, files an implementation plan or becomes registered to provide services within the service territory of one or more of the respondent electrical corporations through community choice aggregation transactions shall, upon such filing or registration, become a respondent to this proceeding. Any community choice aggregator respondent that withdraws its implementation plan or whose registration is cancelled during the course of this proceeding shall, upon confirmation of such withdrawal or cancellation by the Energy Division, cease to be a respondent to this proceeding.
(END OF APPENDIX A)
