COM/MP1/avs Date of Issuance 1/14/2011
Decision 11-01-025 January 13, 2011
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to Develop Additional Methods to Implement the California Renewables Portfolio Standard Program. |
Rulemaking 06-02-012 (Filed February 16, 2006) |
DECISION RESOLVING PETITIONS FOR MODIFICATION OF DECISION 10-03-021 AUTHORIZING USE OF RENEWABLE ENERGY CREDITS FOR COMPLIANCE WITH THE CALIFORNIA RENEWABLES PORTFOLIO STANDARD AND LIFTING STAY
AND MORATORIUM IMPOSED BY DECISION 10-05-018
TABLE OF CONTENTS
Title Page
DECISION RESOLVING PETITIONS FOR MODIFICATION OF DECISION 10-03-021 AUTHORIZING USE OF RENEWABLE ENERGY CREDITS FOR COMPLIANCE WITH THE CALIFORNIA RENEWABLES PORTFOLIO STANDARD AND LIFTING STAY AND MORATORIUM IMPOSED BY DECISION 10-05-018 22
3.1. The Petitions for Modification 66
3.2. Resolution of Petitions for Modification 1010
3.3. Modifications Made by the Commission 1212
3.3.2. Caveats on treatment of 1616
3.3.3. Extending temporary limits on use of TRECs 2020
3.3.4. Transactions subject to §§ 399.16(a)(5) and (6) 2424
3.3.5. Reporting information about RPS procurement contracts 2424
TABLE OF CONTENTS
Title Page
APPENDIX A - Findings of Fact, Conclusions of Law, and Order in
D.10-03-021 as Modified by this Decision
APPENDIX B - Summary of TREC Rules Announced in D.10-03-021,
and Compiled in Appendix D to D.10-03-021, as
Modified by this Decision
DECISION RESOLVING PETITIONS FOR MODIFICATION OF DECISION 10-03-021 AUTHORIZING USE OF RENEWABLE ENERGY CREDITS FOR COMPLIANCE WITH THE CALIFORNIA RENEWABLES PORTFOLIO STANDARD AND LIFTING STAY
AND MORATORIUM IMPOSED BY DECISION 10-05-018
1. Summary
This decision resolves two petitions for modification of Decision (D.)10-03-021, which authorizes the procurement and use of tradable renewable energy credits (TRECs) for compliance with the California renewables portfolio standard (RPS) program. D.10-03-021 also sets forth the structure and rules for a TREC market and for the integration of TRECs into the RPS flexible compliance system. This decision denies the Joint Petition of Southern California Edison Company, Pacific Gas and Electric Company, and San Diego Gas & Electric Company for Modification of Decision 10-03-021, with the exception of one suggested technical correction to D.10-03-021. This decision also denies the Petition of the Independent Energy Producers Association for Modification of Decision 10-03-021 Authorizing Use of Renewable Energy Credits for RPS Compliance.
Based on the Commission's review of D.10-03-021, the petitions for modification, the alternate proposed decision of Commissioner Grueneich (mailed October 25, 2010), and several rounds of comments on this proposed decision and the alternate proposed decision, this decision also makes several clarifying modifications to D.10-03-021, as well as modifications related to the lapse of time between the issuance of D.10-03-021 and the issuance of this decision.
This decision modifies D.10-03-021 by:
1. Extending the expiration dates of the temporary limit on the use of TRECs for RPS compliance and the temporary TREC price cap to December 31, 2013.
2. Clarifying the process for Commission review of utilities' contracts for procurement of TRECs that were submitted for review prior to the effective date of this decision.
3. Clarifying the role of the California Energy Commission with regard to several aspects of the RPS program.
4. Clarifying the role of the Western Renewable Energy Generation Information System in the use of TRECs for RPS compliance.
D.10-03-021, as modified by this decision, is effective March 11, 2010.
Further, because this decision resolves the two petitions for modification of D.10-03-021, the stay of D.10-03-021 imposed in D.10-05-018 is no longer necessary. The stay is therefore lifted. Similarly, the moratorium on Commission approval of certain RPS contracts imposed in D.10-05-018 is no longer relevant, and is ended.
