VI. Procedural Process

Edison's updated short-term plan raises the concern that while D.02-10-062 presents requirements for the submittal of quarterly compliance advice letters for transactions entered into in accordance with an approved procurement plan, the decision does not specify dates for by which the Commission will complete its review and resolve any issues. Edison proposes that the Energy Division complete its review of submitted transactions and supporting data within 15 calendar days and that the Commission issue a final decision on the transactions within 45 calendar days after the date Edison submits the data to the Energy Division.

A 15-day review period is too brief, given the Commission's present resources and the fact that there will be three utilities filing these quarterly advice letters. We find that a 30-day day review period for Energy Division is more reasonable. At the conclusion of that period, Energy Division would prepare a resolution within fifteen working days and place it on the next Commission agenda. These timeframes are guidelines that the Commission will give a top priority.

Edison also notes that the expedited application process outlined in Appendix C to D.02-10-062 for pre-approval of transactions not conforming to a procurement plan does not specify a deadline by which a final Commission decision will be issued. Edison further claims that contrary to § 454.5 (c)(3), the pre-approval process does not indicate whether the Commission would propose alternate transactions that will be deemed reasonable in the event the Commission rejects a contract submitted for pre-approval.

As stated in D.02-10-062, the Commission is committed to an expedited review and it is primarily within the utility's own control as to how quickly the Commission will be able to render a final decision.

Appendix C of D.02-10-062 provides the timelines for Commission consideration if utility's application is uncontested and the criteria set forth in § 311(g)(2) are met, those where at least 30 days public review on and comment on the draft decision is required, and those circumstances where there are issues of substantial controversy or importance to require the scheduling of hearings and the issuance of a proposed decision.

We note that Appendix C to D.02-10-062 explicitly states that during the transitional period, if the Commission rejects a proposed contract as part of the pre-approval process, it will not designate an alternative transaction. Alternative procurement choices will be designated for transactions submitted under these short-term plans.

Edison proposes to file monthly reports with the Energy Division and to serve members of its Procurement Review Group.