6. Comments on Proposed Decision
The proposed decision of ALJ Gamson in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on December 5, 2011, and reply comments were filed on December 12, 2011.
Based on comments, we have made several revisions to the proposed decision, including:
· addition of language regarding the applicability of § 451 to our Phase 2 review of EPIC-funded programs;
· deletion of a Finding of Fact regarding Energy Commission funds;
· deletion of dicta and a Conclusion of Law regarding the test for programs under and policy direction from § 399.8; and
· addition of language clarifying that the EPIC is part of the PPP charge on the customer bill.
We have also made a number of corrections and clarifications, including simplifying the EPIC from two charges to one. Several outstanding Motions for Party Status are granted.
Other comments not addressed through revisions to the proposed decision assert that the Commission has not established the EPIC is just and reasonable or will provide ratepayer benefits, and allege that the EPIC constitutes an unlawful tax.26 As we have already discussed, the EPIC will be collected only on an interim basis, subject to refund, until the Commission concludes Phase 2 of this proceeding, at which time the Commission intends to have finalized the policies and details concerning programmatic, funding level, and governance matters and particularized ratepayer benefits will be enumerated. Until that time, and under the terms under which the EPIC will be collected in the interim, these comments are premature.
Additional comments raised matters that more appropriately should be raised in Phase 2. These matters include how programs should be structured, focused, or funded and how EPIC funds should be disbursed.27 We need not finalize these details now but expect to do so at the conclusion of Phase 2 of this proceeding.
26 Comments on the Proposed Decision of the CFC, PG&E, and SCE.
27 E.g., Comments on the Proposed Decision of PG&E and SDG&E.
