3. Discussion
Lite Solar's request that the Commission amend Section 780.5 of the Public Utilities Code is denied because the Commission lacks authority to amend statutes.
Lite Solar requests that the Commission open a rulemaking to allow master metering and to establish that owners are not considered public utilities if they install, own, and operate renewable energy generation facilities.
Section 780.5 of the Public Utilities Code clearly states that:
"The Commission shall require every residential unit in an apartment house or similar multiunit residential structure, condominium, and mobilehome park for which a building permit has been obtained on or after July 1, 1982, other than a dormitory or other housing accommodation provided by any postsecondary educational institution for its students or employees and other than farmworker housing, to be individually metered for electrical and gas service, ...."2
The requested relief requires amendments to the above statute to allow master metering. As noted by the parties, amendments to statutes are the exclusive domain of the Legislature. Because the Commission lacks authority over such matters, the Commission is unable to grant Lite Solar's petition.
However, as stated by the Attorney General, the Commission is engaged in a related issue in R.10-05-004. The Commission in D.08-10-036 established VNM for qualifying affordable housing multitenant properties within the MASH program, but also stated its interest in considering expanding VNM to all multitenant properties, and directed the ALJ to issue a ruling to take comments on the expansion of VNM within the proceeding. In response to the Commission directives, the ALJ issued a ruling on July 26, 2010 with a proposal by the Commission's Energy Division staff (Staff Proposal). The Staff Proposal, among other proposed program modifications to the CSI, contains a recommendation to expand the VNM.3 Specifically, the Staff Proposal recommends that VNM be expanded to all multitenant customers that are all behind the same utility service delivery point.
The July 26, 2010 ruling asked interested stakeholders and parties to review the Staff Proposal and provide recommendations to the Commission for establishing the priority level and the timing of the various issues in the Staff Proposal.4 The ALJ ruling stated that the Commission will provide a future date for opening and reply comments to obtain parties' detailed substantive views on the recommendations in the Staff Proposal. A scoping memo is expected to be issued in R.10-05-004 in the near future providing guidance on the level of priority and the timing of the various issues in the Staff Proposal, including the expansion of VNM. Thus, Lite Solar may wish to participate in the CSI proceeding to be informed of future activities related to VNM expansion issues.
2 Section 780.5 provides a small exception to the general rule for residential units which are not equipped with natural gas appliances requiring venting or which are equipped with only vented decorative appliances or which receive the majority of energy used for water or space heating from a solar energy system or through cogeneration technology. This exception is not applicable here, nor does Lite Solar argue that it is.
3 http://docs.cpuc.ca.gov/efile/RULINGS/121093.pdf.
4 http://docs.cpuc.ca.gov/EFILE/RULINGS/121092.htm.
