3. Threshold Issues and Scope of Phase 1
As set forth in the Scoping Memo Ruling for Phase 1, it is reasonable to consider certain threshold issues before devoting additional resources to this proceeding. Parties briefed or filed comments on the following issues:
1. Entities applying for a Certificate of Public Convenience and Necessity (CPCN) at the Commission are generally certificated as public utilities if and when the project is approved. If the project is not approved, for some reason, the entity would not be determined to be a public utility. Is there a reason to proceed any differently in this matter? Why or why not?
2. Since Nevada Hydro has co-applied with EVMWD to the Federal Energy Regulatory Commission (FERC) for a license to construct and operate the Lake Elsinore Advanced Pumped Storage (LEAPS) facility, does this imply that Nevada Hydro will own any generation generated by LEAPS? If so, must Nevada Hydro seek a CPCN at this Commission for LEAPS?2 If not, how is this different from the Helms pumped storage project?3
3. If, for some reason, the Talega-Escondido/Valley-Serrano project is not approved and Nevada Hydro is not determined to be a public utility under Pub. Util. Code § 218, should eligible intervenors receive intervenor compensation under Pub. Util. Code §§ 1801 et seq.? If so, who would be responsible for paying those intervenors?
4. Should Nevada Hydro be required to post a bond or provide some other guarantee of payment for intervenors or for payment to DRA for consultant services pursuant to Pub. Util. Code § 631?
Nevada Hydro, DRA, SCE, SDG&E, FRONTLINES, CBD, FOF&P/SAMTF, Pecora, and EVMWD timely filed and served concurrent opening briefs. Other than DRA, the same parties filed and served concurrent reply briefs. Nevada Hydro, DRA, FRONTLINES, and, jointly, CBD, FOF&P, and SAMTF filed and served comments, as provided in the Scoping Memo Ruling. Phase 1 was submitted on April 25, 2011, upon issuance of the Administrative Law Judge (ALJ) Ruling accepting CBD's late-filed comments.
2 Pub. Util. Code § 1001. Also, General Order 131-D provides, in pertinent part, that "no electric public utility, now subject, or which hereafter may become subject, to the jurisdiction of this Commission, shall begin construction in this state of any new electric generating plant, or of the modification, alteration, or addition to an existing electric generating plant, or of electric transmission/power/distribution line facilities, or of new, upgraded or modified substations without first complying with the provisions of this General Order."
3 See D.85910 (80 CPUC 52); also discussed in D.85-08-102 (18 CPUC2d 700).
