Comments on Proposed Decision

The proposed decision of Commissioner Peevey in this matter was mailed on April 30, 2010 to the parties in accordance with Pub. Util. Code § 311 and comments were allowed under Rule 14.6(b) of the Commission's Rules of Practice and Procedure. All Parties stipulated to reduce the comment period. Comments were filed on May 13, 2010.

Findings of Fact

1. D.10-03-022 adopted a phase-in program for timely implementation of enrollments of new DA customers consistent with the provisions of SB 695.

2. D.10-03-022 adopted an enrollment process for customers to submit NOIs to sign up for DA service during an OEW. Any NOIs submitted during the OEW that are not accepted due to lack of available space are to be placed on a wait-list.

3. The function of the wait-list is to provide the opportunity for the IOUs to back-fill any room occupied by NOIs that were submitted for the first-year allocation of DA but ultimately voided for failure to submit a DASR or to correct a deficiency.

4. Customers need a reasonable period of time in order to make an informed decision about whether to seek to enroll in DA.

5. The Joint Parties' originally proposed schedule would have allowed at least a few days at the end of the OEW for the utilities to accept NOIs off the wait-list before the June 30 end-date for the OEW.

6. Since D.10-03-022 adopted an effective date of April 11, rather than April 1, 2010, the time period between the first date for NOI submission and close of the OEW was shortened to only 75 days. The resulting OEW period is likely to be too short to allow for the wait-list to be used to back fill space that becomes available during the OEW.

7. If the OEW ends on June 30, wait-list customers will be forced either to (a) stay on the wait-list and hope to get an opportunity for 2010 enrollment; or (b) abandon their wait-list position and hope to get an opportunity for 2011 DA service.

8. The modification proposed by the Joint Parties to allow an additional 15 days extension in the OEW provides the most effective remedy to provide customers with adequate time.

9. Under SDG&E's alternative proposal, customers would have to opt off the wait list to try to secure a spot for 2011 before knowing whether the OEW wait list would provide them an opportunity to transfer to DA during 2010.

Conclusions of Law

1. The Joint Parties timely filed their Petition for Modification in accordance with Commission rules.

2. The Petition for Modification provides a reasonable remedy that is consistent with the goals of D.10-03-022, providing adequate time for the customer notice and opportunity to enroll in DA.

3. The Petition for Modification should be granted in accordance with the order below.

ORDER

IT IS ORDERED that:

1. The Petition for Modification of Decision 10-03-022 is granted.

2. Decision 10-03-022 is hereby modified to incorporate the revisions set forth in Appendix A.

3. Rulemaking 07-05-025 remains open for subsequent matters.

APPENDIX A

Adopted Modifications to D.10-03-022

The following modifications shall be made to D.10-03-022, with deletions shown as strike-through and additions shown as underlining, as indicated below:

Page 13:

A front-loading of 50% in the first year could create a surge in demand for DA concentrated in the open enrollment window between mid April and June 30 July 15, 2010.

Page 14:

As a result, customers could feel pressured to rush to sign up before the June 30th July 15th deadline.

Page 14, footnote 14:

Appendix 2 at 4, 8.a., "Customers may submit 6-month advance NOIs starting July 1 16, 2010 to switch to DA in 2011."

Page 29:

To facilitate a smoother synchronization between the phased increase in DA load and the annual RA schedule, the next step in the DA phase-in schedule would occur on January 116, 2011, rather than on April 11, 2011.

Conclusion of Law 4:

4. A temporary one-time waiver of the current three-year minimum bundled service commitment for customers now on BPS customers should be granted covering the initial open enrollment period, starting on the effective date of this decision and extending through June 30 July 15, 2010.

Appendix 2, Page 2, Par. 6:

The OEW will begin on the fifth business day after the Effective Date and end on end ninety (90) calendar days thereafter or on June 30 July 15, 2010, whichever comes first. The OEW will occur in Y1 of the phase-in period only.

Appendix 2, Page 4, Par. K:

Any NOIs on the wait-list that were not accepted during the OEW will be void, and customers will be notified that they can begin submitting 6-month advance NOIs as early as July 116, 2010 to switch to DA in 2011.

Appendix 2, Page 4, Par. 1:

The OEW will close 90 calendar days after the Effective Date, or on June 30 July 15, 2010, whichever comes first.

Appendix 2, Page 4, Par. m:

This revised forecast shall account both for customer migration up to that date, but also to forecast expected customer migration during the second phase of DA access that commences in January of January 16, 2011.

Appendix 2, Page 5, Par 8a:

Customers may submit 6-month advance NOIs starting July 116, 2010 to switch to DA in 2011 (Y2).

A customer with an accepted NOI will be switched to DA starting in January 16, 2011, provided the customer's 6-month advance notice period has been satisfied and a DASR has been timely received.

Appendix 3, Page 3:

To facilitate a smoother synchronization between the phased reopening of DA and the annual RA schedule, the next step in the DA phase-in schedule shall occur on January 16, 2011, rather than April 11, 2011.

(END OF APPENDIX A)

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