4. Comments on Proposed Decision

The proposed decision of Commissioner Peevey in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code, and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on September 24, 2010 by Bear Valley Electric Service (BVES); Bonneville Power Administration; BP Wind Energy North America, Inc.; CalWEA; CEERT; DRA; Evolution Markets; First Solar; GPI; Iberdrola; LS Power; LSA; Next Era; PacifiCorp; PG&E; Royal Bank of Scotland; SDG&E; Shell; Sierra Pacific Power Company (Sierra Pacific); SCE; Terra-Gen Power, LLC; Transwest Express, LLC; TURN; UCS; WPTF and AReM (jointly); and Zephyr. Reply comments were filed on October 4, 2010 by BVES, CCSF; Coalition of California Utility Employees; DRA; Iberdrola; Mountain Utilities; PG&E; SDG&E; SCE; Sierra Pacific; SMUD; Solar Alliance; TURN; USC; and WPTF.

Pursuant to the Administrative Law Judge's Ruling Granting Motion Requesting Comment Period for the Revised Proposed Decision of Commissioner Peevey (October 27, 2010), supplemental comments on section 3.9 and related ordering paragraphs of Revision 3 of the PD were filed on November 5, 2010 by AReM, Direct Access Customer Coalition, School Project for Utility Rate Reduction, California State University, Walmart Stores, Commerce Energy, 3 Phases Renewables, and WPTF (jointly) (collectively, joint ESP parties); City of Cerritos; IEP; PG&E; Pilot Power; SDG&E; Shell; SCE; TURN; and UCS. Supplemental reply comments were filed on November 12, 2010 by CCSF; joint ESP parties; PG&E; PacifiCorp and Sierra Pacific (jointly); Shell; and SCE.

The Commission has carefully considered all comments, reply comments, supplemental comments, and supplemental reply comments on this PD, as well as comments and reply comments on the alternate PD. Revisions to the PD have been made in response to comments and are found throughout the text and in the ordering paragraphs. Modifications to the findings of fact, conclusions of law, and ordering paragraphs of D.10-03-021 are fully set out in OP 4 of this decision. The complete findings of fact, conclusions of law, and ordering paragraphs of D.10-03-021 as modified by this decision are set out in Appendix A.

In addition to changes made to the PD in response to comments, revisions have been made to improve clarity and consistency, and to correct minor errors.