10. Assignment of Proceeding

Nancy E. Ryan is the assigned Commissioner and Regina DeAngelis is the assigned Administrative Law Judge in this proceeding.

1. The Commission's March 16, 2010 workshop was transcribed. The assigned Administrative Law Judge advised parties of her intention to enter the transcript into the record. No party objected.

2. If a homeowner charges his or her own vehicle in his or her own garage and does not offer charging services to others, the homeowner's charging equipment is not dedicated to public use.

3. Residential and commercial landlords that provide electric vehicle charging as a service on the premises to tenants, condominium associations that provide electric vehicle charging on the premises as a service to the condominium owners, and employers that provide access to recharging facilities as a service to their employees have not dedicated their equipment to public use.

4. Section 740.2 requires the Commission to develop policies to overcome barriers to the widespread deployment and use of plug-in hybrid and electric vehicles

5. Section 740.2 directs the Commission to focus on the potential impacts of vehicle charging on electrical infrastructure and grid operations.

6. Section 740.3 directs the Commission to promote policies to facilitate the use of electric power to fuel low emission vehicles and requires that the Commission "ensure that utilities do not unfairly compete with nonutility enterprises."

7. Sections 740.2 and 740.3 do not direct the Commission to regulate electric vehicle charging service providers as public utilities pursuant to §§ 216 and 218.

8. Legislative codification of this decision may save valuable stakeholder resources.

9. Our decision today is consistent with the state's other policy goals set forth in the RPS, RA, EPS, and the AB 32 programs.

1. It is reasonable to enter the March 16, 2010 workshop transcript into the record of this proceeding.

2. If a homeowner charges his or her own vehicle in his or her own garage and does not offer charging services to others, the homeowner is not a public utility pursuant to §§ 216 and 218.

3. Residential and commercial landlords that provide electric vehicle charging as a service on the premises to tenants, condominium associations that provide electric vehicle charging on the premises as a service to the condominium owners, and employers that provide access to recharging facilities as a service to their employees that have not dedicated their equipment to public use are not public utilities pursuant to §§ 216 and 218.

4. It is reasonable to conclude, consistent with the underlying rationale of the Public Utilities Code and Sections 740.2 and 740.3, that the legislature did not intend that this Commission regulate providers of electric vehicle charging services as public utilities pursuant to §§ 216 and 218.

5. If a provider of electric vehicles charging services procures electricity on the wholesale market the Commission has jurisdiction to enforce procurement requirements and other laws and rules that apply to direct transactions including Pub. Util. Code § 365.1.

6. Pub. Util. Code § 740.2 grants the Commission specific authority to implement rules necessary to facilitate the widespread deployment of electric vehicles in California.

7. If an electric vehicle service provider receives electricity over a utility's transmission and distribution system, the Commission has authority to dictate the terms under which the utility will provide service to the provider.

8. If an electric vehicle service provider is a bundled customer of an
investor-owned utility, the Commission can set all components of the retail rate paid by the provider.

9. If an electric vehicle service provider is a customer of an electricity service provider or community choice aggregator, the Commission can set all components of the retail rate paid by the provider except for the generation component.

10. Pub. Util. Code § 8362(a) directs the Commission to adopt standards and protocols to ensure functionality and interoperability developed by public and private entities.

11. The sale of electricity by an investor-owned utility to an electric vehicle service provider is a retail sale of electricity, not a wholesale sale or a "sale for resale."

ORDER

IT IS ORDERED that:

1. The March 16, 2010 workshop transcript is entered into the record of this proceeding.

2. Rulemaking 09-08-009 remains open for Phase 2.

This order is effective today.

Dated July 29, 2010, at San Francisco, California.

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