9. Ex Parte Communications

Pursuant to Rule 8.2(a) ex parte communications in this rulemaking are allowed without restriction or reporting requirement.

IT IS ORDERED that:

1. The Commission hereby institutes this rulemaking pursuant to Assembly Bill 2514 as well as its own motion to initiate policy for California utilities to consider the procurement of viable and cost-effective energy storage systems.

2. Pacific Gas & Electric Company, San Diego Gas & Electric Company and Southern California Edison Company are named as respondents and are parties to this proceeding pursuant to Rule 1.4(d) the Commission Rules of Practice and Procedure (Rules). All load serving entities (LSEs), as defined in Pub. Util. Code § 380(j), are placed on notice that they may be subject to the decisions issued in this rulemaking, and this order instituting rulemaking shall be served upon them. Attachment B lists such entities as reflected in the Commission's records. Any error or omission in Attachment B shall not excuse any LSE from compliance with decisions issued in this proceeding.

3. Respondents shall be placed on the service list automatically as parties, but other load serving entities as well as other interested parties and those interested in monitoring the proceeding must follow the directions set forth in Section 5 of this order instituting rulemaking to become a party or be placed on the official service list as a non-party.

4. This proceeding is classified as quasi-legislative, as that term is defined in Rule 1.3(d).

5. Parties shall file comments that will serve as the basis for the establishment of a detailed scope for this proceeding and shall identify any other relevant procedural issues by January 21, 2011. Any person who objects to this order's determinations regarding categorization of the proceeding as quasi-legislative, the need for hearing, issues to be considered or scheduling shall state such objections in their comments.

6. Pursuant to the requirements of Assembly Bill 2514, we anticipate that this proceeding shall be completed before October 1, 2013.

7. The Executive Director shall cause this order instituting rulemaking to be served on the Respondents, all load serving entities listed in the Commission's official records (see Attachment B), the California Energy Commission, the California Independent System Operator, and the service lists for Rulemaking (R.) 07-01-041 (Demand Response), R.10-05-006 (Procurement Rulemaking), R.09-10-032 (Long Term Resource Adequacy Rulemaking) R.08-12-009 (Smart Grid) and R.09-08-009 (Alternative-Fueled Vehicles).

8. Parties serving documents in this proceeding shall comply with Section 5.4 of this order instituting rulemaking regarding electronic service. Any documents served on the assigned Commissioner and Administrative Law Judge shall be both by e-mail and by delivery or mailing a paper format copy of the document.

9. A party that expects to request intervenor compensation for its participation in this rulemaking shall file its notice of intent to claim intervenor compensation in accordance with Rule 17.1 of the Rules.

10. Ex parte communications in this rulemaking are governed by Rule 8.2(a).

11. The assigned Commissioner or the Administrative Law Judge may make such revisions to the scheduling determinations made herein as may be necessary to facilitate the efficient management of this proceeding.

This order is effective today.

Dated December 16, 2010, at San Francisco, California.

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