COM/NER/oma Date of Issuance 8/2/2010

Decision 10-07-044 July 29, 2010

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking on the Commission's own motion to consider alternative-fueled vehicle tariffs, infrastructure and policies to support California's greenhouse gas emissions reduction goals.

Rulemaking 09-08-009 (Filed August 20, 2009)

DECISION IN PHASE 1 ON WHETHER A CORPORATION OR PERSON THAT SELLS ELECTRIC VEHICLE CHARGING SERVICES TO THE PUBLIC IS A PUBLIC UTILITY

1. Summary

The Commission initiated this rulemaking to ensure California's
investor-owned electric utilities are prepared for the projected statewide market growth of light-duty passenger plug-in hybrid electric vehicles and battery electric vehicles throughout California. Senate Bill 626 (Kehoe, Chapter 355, Statutes of 2009) requires the Commission to evaluate policies to overcome any barriers to the widespread deployment and use of plug-in hybrid and electric vehicles.

Today we address the nature of the Commission's regulatory authority over entities that sell electric vehicle charging services to the public. We conclude that the legislature did not intend that this Commission regulate providers of electric vehicle charging services as public utilities pursuant to
§§ 216 and 218. We also identify sources of Commission regulatory authority to address the potential impacts of electric vehicles to help the state achieve its greenhouse gas and renewable energy goals.

In Phase 2 of this rulemaking, the Commission will further address policies to overcome barriers to the widespread use of electric vehicles and will develop a policy approach that makes optimal use of this regulatory authority to achieve these goals.