4. Comments on Proposed Decision

The proposed decision of assigned ALJ 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 March 12, 2012, and reply comments were filed on March 19, 2012.

In response to comments, substantive changes were made in the areas of utility contracting with plants using once-through cooling, and utility procurement of greenhouse gas compliance instruments.

Reid and Women's Energy Matters argue that the proposed decision should have addressed issues they raised relating to the continued use of nuclear power. While issues relating to the need for various generation resources are appropriate to address in an LTPP proceeding, those issues have been deferred as a result of the settlement, and accordingly it is reasonable to not address them in this decision.

The California Association of Small and Multi-Jurisdictional Utilities (CASMU), consisting of Pacific Power, Bear Valley Electric Service and California Pacific Electric Company, argues that the proposed decision's requirements relating to the procurement of greenhouse gas compliance instruments should not apply to them, as they are structured and regulated differently than the three major utilities. We concur, as this proceeding focused upon the three major utilities. Because CASMU did not actively participate in this proceeding, we have no record on which to base a decision. Accordingly, this decision neither authorizes any procurement by the small and multi-jurisdictional utilities, nor does it independently require the small and multi-jurisdictional utilities to follow the conditions imposed on the major utilities' procurement activities. Any existing procurement authority (and any conditions on that authority) remains in effect, and any modifications to that authority should be requested in a proceeding that is specifically applicable to the small and multi-jurisdictional utilities.