2. Procedural History

The Order Instituting Rulemaking (OIR) for this proceeding was adopted by the Commission on May 5, 2011. Comments on the OIR were filed by more than 40 parties on May 31; reply comments were filed by 13 parties on June 9, 2011. A prehearing conference was held on June 13, 2011. The Scoping Memo and Ruling of Assigned Commissioner (Scoping Memo) was issued July 8, 2011.

The Scoping Memo noted that Senate Bill (SB) 2 (1X) (Simitian), Stats. 2011, ch. 1, makes significant changes to the renewables portfolio standard (RPS) program.2 The Scoping Memo identified four "highest priority" issues for immediate attention in the Commission's implementation of the new RPS statute. One of these issues is setting the new RPS procurement quantity requirements, as mandated by new § 399.15(b). New § 399.15(b) is attached as Appendix A.

On July 15, 2011, the Administrative Law Judge's (ALJ's) Ruling Requesting Comments on New Procurement Targets and Certain Compliance Requirements for the Renewables Portfolio Standard Program (Ruling) asked parties to comment on the interpretation of several new statutory provisions, including the new procurement quantity requirements.3 Comments were filed on August 30, 2011 by 24 parties.4 Reply comments were filed on September 12, 2011, by 17 parties.5

2 The RPS is codified at Pub. Util. Code § 399.11-399.20. Unless otherwise noted, all further references to sections are to the Public Utilities Code.

3 This decision implements only the new procurement quantity requirements, as set forth in § 399.15(b)(1) and (2). Other parts of § 399.15 will be addressed in later decisions.

4 Comments were filed by Alliance for Retail Energy Markets (AReM); California Municipal Utilities Association; California Pacific Electric Company (CalPeco); California Wind Energy Association and Large Scale Solar Association (jointly) (collectively, CalWEA/LSA); Calpine Corporation (Calpine); City and County of San Francisco (CCSF); Division of Ratepayer Advocates (DRA); Green Power Institute (GPI); Independent Energy Producers Association (IEP); Los Angeles Department of Water and Power (LADWP); Marin Energy Authority (MEA); Noble Americas Energy Solutions LLC (Noble Solutions); PacifiCorp; Pacific Gas and Electric Company (PG&E); L. Jan Reid (Reid); San Diego Gas & Electric Company (SDG&E); Shell Energy North America (US), L.P. (Shell); Sierra Club California; Southern California Edison Company (SCE); The Utility Reform Network (TURN) and Coalition of California Utility Employees (jointly) (collectively, TURN/CUE); TransWest Express LLC (TransWest); and Union of Concerned Scientists (UCS).

5 Reply comments were filed by AReM; CalPeco; CalWEA/LSA; Calpine; Center for Energy Efficiency and Renewable Technologies; CCSF; DRA; GPI; Noble Solutions; PG&E; PacifiCorp; Reid; SDG&E; SCE; and TURN/CUE.

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