The proposed decision of the Commissioner 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 July 23, 2012, by DRA, the PAs, and CALSEIA. No reply comments were filed.
Where the comments suggested minor adjustments or clarifications to the decision, these changes have been incorporated throughout the decision. Where comments reargued earlier positions or attempted to present new arguments or facts, they were not considered.
CALSEIA and DRA both asked for changes to the proposed adjustments to the incentive structure. CALSEIA and the PAs asked for an expedited process for future adjustments to the incentive structure. None of these proposals is supported by compelling arguments. Future changes to the incentive structure can be made based on recommendation by the Energy Division, or petition of one of the parties, subject to the same public comment and review as other decision modifications.
The PAs recommend that in addition to adjusting the incentive amounts, the single-family incentive caps be adjusted by the same percentage adjustment as the incentive rates. This change is not necessary because the cap is already set at a percentage of the average single-family incentive, so the cap automatically increases (and decreases) to reflect the new incentive amounts.