a) Evidence supports the Commission's determination that EITP meets the first prong - that a project would bring the grid renewable generation that would otherwise remain unavailable.

CBD challenges the sufficiency of the evidence in the record to support the Commission's determination that EITP satisfies prong 1. CBD's challenge lacks merit. The evidence in the record supports our determination that EITP meets the first prong. This evidence provides support for the following: (1) the existing Cool Water-Baker-Dunn Siding-Eldorado-Mountain Pass 115 kV line is inadequate to accommodate more than 80 MW of new generation interconnections, as the existing line conductor is thermally limited to no more that 83 MVQ;⁵ (2) given that Cool-Water-Baker-Dunn Siding-Eldorado-Mountain Pass 115 kV transmission line has a maximum thermal rating of 83 MVQ, approximately 640 MW of Commission-approved RPS contracts would otherwise be unavailable if EITP were not constructed;⁶ (3) four Commission-approved PPAs totaling 717 MW of renewable generating capacity in the Ivanpah Dry Lake Region have filed interconnection requests and are seeking interconnection to CAISO System through EITP;⁷ (4) the Commission has found that Commission-approved PPAs for renewable generation exceeding the current capacity of existing transmission is sufficient evidence to satisfy the first prong of the section 399.2.5 test;⁸ (5) SCE has two PPAs with Solar Power 1 and Desert Line solar renewable generation projects totaling 400 to 410 MW that would utilize EITP;⁹ (6) PG&E has two PPAs with BrightSource 1 and BrightSource 2 solar renewable generation projects totaling 310 MW that would utilize EITP;¹⁰ (7) there is a significant amount of renewable energy potential in the Ivanpah Dry Lake Area that may be delivered economically to the CAISO grid through the transmission upgrades proposed as part of EITP;¹¹ (8) EITP is intended to provide the electrical facilities necessary to integrate up to 1,400 MW of new renewable generation in the Ivanpah Dry Lake area;¹² (9) RETI has identified the Ivanpah Dry Lake Area to be an area with significant amounts of potential renewable resources, particularly solar;¹³
(10) the lists various renewable projects in the Queue totaling approximately 964 MW

that propose to connect with EITP;¹⁴ (11) Commission-approved BrightSource PPA ISEGS project, which would interconnect to EITP, has received all of its major permits and initiated construction after October 27, 2010;¹⁵ (12) the Commission lacks jurisdiction to compel generators to submit interconnection requests to other utilities in the vicinity of EITP;¹⁶ and (13) EITP is needed to integrate renewable generation so that SCE meets its goal of 20% by 2010 and 33% by 2020.¹⁷

Therefore, the above-cited record evidence supported our determination in D.10-12-052 that EITP satisfies the first prong - that the project would bring the grid renewable generation that would otherwise remain available. Moreover, the Commission has recognized it is often necessary to approve new transmission projects in anticipation of future renewable energy projects. (See ATP [D.07-03-012], supra, at
p. 14.) Here, we have already approved four renewable PPAs anticipated to generate over 700 MW of renewable energy from the area accessed by the EITP. (See Ex.
SCE-8). The current transmission infrastructure cannot accommodate this amount of generation. Nor does the Commission have jurisdiction over the other utilities in the area, and there is no other CAISO controlled PTO (Participating Transmission Owner) transmission entity that can accommodate. When completed, EITP will be able to carry approximately 1,400 MW of renewable power from this renewable area to the grid, and the area has been estimated to have even greater renewable potential.¹⁸ This renewable generation potential, over half of which is under contract and already in the development stage, may therefore otherwise be unavailable if the EITP project is not constructed, thus satisfying the first prong under section 399.2.5.

CBD fails to support its allegation by identifying any actual evidence in the record that the Decision fails to consider, or improperly considers. At best, CBD demonstrates that the record contains conflicting evidence that support denial of the line. However, as discussed in detail in Section I B, conflicting evidence is not controlling. The Commission properly weighed the evidence and reached its determination that EITP meets prong 1 of the three-part test under section 399.2.5. As discussed above, the record supports this determination.

It is the responsibility of the Commission to weigh the evidence, not the parties, and the fact that the Commission disagreed with CBD does not constitute legal error. Nor does the fact that the Decision "strays from the Proposed Decision" have any bearing on the lawfulness of D.10-12-052. Specifically, a proposed decision (or alternate) is not binding or controlling unless or until adopted by the Commission. Any reliance on a proposed decision by CBD is therefore wrong. (See Pub. Util. Code,
§ 310.)

In sum, D.10-12-052 is lawful because there is both record support and a rational basis for the determination to approve EITP. CBD failed to establish that there was no record evidence for the Decision's findings and conclusions, or that we exceeded our authority, and thus, there is no legal error.

⁵ See Ex. SCE-3, Section C, pp. 6-7 (Chacon); Ex. SCE-5, Section A, pp. 8-9 (Chacon.). See also
Ex. SCE-2, Section A, pp. 1-4 (Chacon), which sates: "The interconnection studies conducted as mandated by the CAISO Large Generator Interconnection Procedures ("LGIP") have determined that the planned additional generation interconnections would result in unacceptable thermal overload conditions of the existing Cool Water-Baker-Dunn Siding-Eldorado-Mountain Pass 115 kV...as well as the existing 220/115 kV transformed bank at Eldorado would load beyond the maximum allowable limits under base conditions. These findings result in the need to construct new 220 kV transmission facilities from the Ivanpah Dry Lake Area to SCE's Eldorado substation, including a new collector substation in the Ivanpah Dry Lake Area to interconnect up to 1,400 MW of new generation resources." See also RT, Vol. 1,
pp. 64, 71 (Chacon).

⁶ See Ex. SCE-5, Section A, p. 10 (Chacon); see also Ex. SCE-1, p. 7 (Chacon); Ex. SCE-3, Section C, pp. 6-7 (Chacon), which states: "System Impact Studies performed for the three serial generation interconnection requests totaling 414 MW have determined that generation interconnections beyond 80 MW will result in congestion on the existing 115 kV line due to the limited capacity available. Such congestion would trigger the need to curtail significant amounts of solar production...."

⁷ See Ex. SCE-14; see also Ex. SCE-8; Ex. SCE-2, pp. 1-3. See also evidence cited in SCE's Opening Brief, pp. 7-10; see also Ex. SCE-17, generally.

⁸ See ATP [D.07-03-013], supra, at p. 14. See also Decision Granting a CPCN for Tehachapi Renewable Transmission Project ("TRTP") (2009) [D.09-12-044] __Cal.P.U.C.3d__, pp. 13-14. See also TRTP [D.09-12-044], supra, at p. 9 [Finding of Fact No. 9]; see also RT, Vol., 1 p. 81 (Chacon).

⁹ See Ex. SCE-5, Section, B, p. 2 (Allen); see also evidence cited in SCE's Opening Brief, pp. 7-10.

¹⁰ See Ex. SCE-5, Section B, pp. 2-3 (Allen), see also SCE Opening Brief, pp. 7-10. See also RT, Vol. 1, p. 134 (Chacon.)

¹¹ See Ex. SCE-1, p. 9 (Chacon); Ex. SCE-17; see Ex. SCE-5, Section A, p. 5 (Chacon).

¹² See Ex. SCE-1, p. 6 (Chacon).

¹³ See Ex. SCE-1, p. 9 (Chacon); Ex. SCE-5, Section A, p. 4 (Chacon); Ex. SCE-17, p. 17, wherein RETI process identified CREZs in California "that hold the greatest potential for cost-effective and environmentally responsible renewable development."

¹⁴ See D.10-12-052, p. 28. See also Ex. SCE-9; see Ex. SCE-10; Ex. SCE-11; see Ex. SCE-17, p. 1-10 to 1-12, which identified the region as having substantial renewable potential. See also evidence cited in SCE's Opening Brief, pp. 10-11, and SCE Reply Brief, pp. 14-15. See also RT, Vol. 1, pp. 40, 91, 93 (Chacon).

¹⁵ See http://www.brightsourceenergy.com/images/uploads/press_releases/Ivanpah_ Groundbreaking_Press_Release.pdf. See also Exhs. SCE-9, 10, 11.

¹⁶ See RT, Vol. 1, p. 91, which states: "...there are other utilities in the vicinity such as Los Angeles Department of Water and Power who own transmission...so when generation decides to submit an interconnection request, they will make a business decision as to where to go...."

¹⁷ See evidence cited in SCE's Opening Brief and Reply Brief, respectively. See also Resolutions
E-4261, 4347 and 4266.

¹⁸ See Exhs. SCE-1, pp. 9-11 and 13 (Chacon), Ex. SCE-3, Section C, pp. 9-11 (Chacon); see also evidence cited in SCE's Opening and Reply Briefs, generally.