2. Rehearing Background

D.06-12-030 adopted procedures for ensuring the confidentiality of market sensitive information to protect the interest of electricity customers and defined the terms "market participant," "non-market participant" and "reviewing representative." In order to secure the confidentiality of market sensitive information (e.g., confidential electric procurement, resource adequacy (RA), and renewables portfolio standard (RPS) data) and provide for open decision-making and meaningful participation, we adopted a discovery process for parties to utilize in certain electric procurement proceedings. This discovery process applies to all parties, whether categorized as market participants or non-market participants, to utilize in Commission electric procurement, RA, and RPS proceedings or concerning the wholesale purchase, sale or marketing of energy or capacity, or the bidding on or purchasing of power plants, or bidding on utility procurement solicitations. This discovery process requires the use of Reviewing Representatives as defined in D.06-12-030.

Applications for rehearing were filed by Independent Energy Producers Association (IEP), and jointly by the Cogeneration Association of California and the Energy Producers and Users Coalition (CAC/EPUC). By D.09-03-046, we granted limited rehearing as set forth in Ordering Paragraph 2(a)-(n).
(D.09-03-046 at 26-29.) In addition, in the rehearing order we directed parties to inform the Administrative Law Judge (ALJ) assigned to the rehearing proceeding of any other related legal issues that warrant consideration during the rehearing. (D.09-03-046 at 29 Ordering Paragraph 4.)

Following the issuance of D.06-12-030, but before we granted rehearing of that decision, we issued D.08-04-023 wherein we adopted a MPO and NDA as part of our confidentiality process for market sensitive information pursuant to Public Utilities Code Section 454.5(g), which requires the Commission to adopt appropriate procedures to ensure the confidentiality of any market sensitive information submitted to it.¹

After issuance of the D.09-03-046, the assigned ALJ issued a ruling, on April 27, 2009, setting forth a preliminary scope of the issues on rehearing, setting a prehearing conference (PHC) for May 8, 2009, and inviting parties to file PHC statements. Following the PHC and incorporating the PHC statements and comments provided at the PHC, the assigned Commissioner issued a Scoping Memorandum and Ruling (ACR) on May 21, 2009, identifying additional issues for consideration during the rehearing.

In this rehearing phase of the rulemaking, the Commission developed the record through notice and comment. The comments came in the form of "opening briefs" and "closing briefs." (See May 21, 2009 ACR, at 5-6, stating that "[p]arties may present . . . factual information in their briefs.") No party requested evidentiary hearings.

¹ All subsequent references are to the Public Utilities Code unless otherwise specified.