VII. Ex Parte Communications

Per Rule 7(d) of the Commission's Rules of Practice and Procedure, ex parte communications are allowed without restriction or reporting requirement in any quasi-legislative proceeding. Therefore, there are no such restrictions or reporting requirements applied to this proceeding.

Therefore, IT IS ORDERED that:

1. The Commission hereby institutes this rulemaking on its own motion to implement the provisions of Senate Bill No. 1488 (2004 Cal. Stats., Ch. 690 (Sept. 22, 2004)) relating to the confidentiality of information submitted to this Commission.

2. Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E), and each Energy Service Provider (ESP) and Community Choice Aggregator (CCA) that is, or becomes, registered to serve retail customers within the service territory of one or more of the three respondent investor-owned utilities, are Respondents in Phase 1 of this proceeding. We may add additional respondents in Phase 2.

3. The Executive Director shall cause this Order Instituting Rulemaking (OIR) to be served on Respondents, the California Energy Commission, and parties to the following existing Commission proceedings: R.04-04-003, R.03-10-003, R.04-04-025, R.04-04-026, R.04-03-017, R.01-08-028, I.00-11-001, R.04-01-026, and R.04-01-025, and the ESPs listed in Appendix D to this OIR. Further, until this proceeding is closed by order of the Commission, the Executive Director shall cause a copy of the OIR and this Order to be served on each newly registered ESP and CCA.

4. Within 20 days from the date of mailing of this order, any person or representative of an entity interested in monitoring or participating in this rulemaking shall send a request to the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California, 94102 (or ALJ_Process@cpuc.ca.gov) asking that his or her name be placed on the official service list for this proceeding.

5. All parties shall abide by the Commission's new electronic service rules contained in Rule 2.3.1 of the Commission's Rules of Practice and Procedure.

6. We preliminarily determine the category of this rulemaking to be "quasi-legislative" and find that hearings are necessary. Parties objecting to these determinations shall file and serve comments or objections on the categorization of this proceeding and need for hearings within ten days of the mailing date of this decision. These comments or objections shall be served on the temporary service list whose web links appear in Appendix B.

7. PG&E, SCE, and SDG&E shall, and other parties may, file opening comments on the procurement related issues identified in Appendix C to the OIR no later than 30 days after mailing of this OIR. Respondents and other parties may file reply comments no later than 30 days after opening comments are due.

8. We delegate to the Assigned Commissioner and Administrative Law Judge the authority to set the schedule for this proceeding.

This order is effective today.

Dated June 30, 2005, at San Francisco, California.

Previous PageTop Of PageGo To First Page