II. Procedural History
This proceeding was opened in April 2004 to continue our implementation of the RPS program created by Senate Bill 1078, effective January 1, 2003. Decision (D.) 03-06-071, the first of our seven decisions to date setting parameters and requirements for the RPS program, was issued in Rulemaking (R.) 01-10-024.
The Assigned Commissioner's Ruling and Scoping Memo Establishing Schedule for Phase Two of the Renewables Portfolio Standard Proceeding (scoping memo) (December 16, 2004) set a schedule for addressing a range of issues, including long term planning and the 2005 solicitations. In
D.04-12-048, issued in R.04-04-003, we found that the utilities' long-term procurement plans did not adequately address their 2010 renewable procurement goals. We instructed them to submit revised long-term RPS plans in this proceeding. In accordance with the scoping memo, the utilities filed long term plans and 2005 plans and RFOs together. PG&E and SCE filed their short and long term RPS procurement plans, with redacted public versions and confidential versions filed with requests that they be kept under seal, on March 7, 2005. PG&E and SCE filed their draft RFOs on April 15, 2005. SDG&E filed its short and long term RPS procurement plan, with redacted public version and confidential version filed with a request that it be kept under seal, on April 15, 2005. SDG&E also filed its draft RFOs on April 15, 2005. Comments on the PG&E and SCE plans were filed April 7 and April 21, 2005; comments on the SDG&E plan, reply comments on the PG&E and SCE plans, and comments on the RFOs were filed on May 6, 2005. Reply comments on SDG&E's plan and on the RFOs were filed May 13, 20051.
This decision addresses the 2005 RPS procurement solicitations, but not the long-term plans, because information from SCE relevant to our discussion of the long-term plans was made publicly available only recently.2 Because of the public importance of RPS planning issues, we are reluctant to issue a decision on RPS long-term planning without discussing all relevant information. We intend to address the long term plans as soon as possible. In order not to delay the 2005 solicitations, we are addressing the 2005 plans and accompanying draft RFOs now.
1 Comments and/or reply comments were filed by California Wind Energy Association (CalWEA); Center for Biological Diversity; Center for Energy Efficiency and Renewable Technologies (CEERT) Green Power Institute (Green Power); Independent Energy Producers Association (IEP); Office of Ratepayer Advocates (ORA); The Utility Reform Network (TURN); Union of Concerned Scientists (UCS); PG&E; SCE; and SDG&E. 2 SCE had sought reconsideration of the Administrative Law Judge's Ruling on Motions for Leave to File under Seal and for Protective Orders (June 9, 2005). The Administrative Law Judge's ruling required SCE to make publicly available some information SCE had requested be kept under seal, which is relevant to our analysis of the utilities' long-term plans. PG&E has complied with the ALJ ruling. SDG&E had already made publicly available the relevant information.
