6. Comments on Draft Decision

On June 28, 2004, the draft decision was filed and served on parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Commission's Rules of Practice and Procedure. On July 1, 2004, comments were filed by CAISO, Calpine, IEP, ORA, PG&E, SCE, SDG&E, TURN, and the Western Power Trading Forum. The Commission did not entertain reply comments. The Commission has considered the parties' comments in light of the requirement that comments must focus on factual, legal or technical errors in the draft decision, and that comments merely rearguing parties' positions will be accorded no weight (Rule 77.3 of the Commission's Rules of Practice and Procedure). Consistent with Rule 77.3 we have made various changes to the draft decision. These revisions range from the correction of minor typographical errors to more detailed revisions. We add a sunset provision specifying the end point of this decision; we augment the cost recovery discussion to ensure clarity vis-à-vis AB 57; we revise the draft decision to address market power and informational concerns raised in the comments of CAISO and certain other parties; we add text noting our concern that neighboring utilities who have DWR contracts in SCE's service territory not make the reliability situation worse; finally, we clarify the discussion of ultimate cost recovery in the context of matters also subject to FERC review.