V. Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Kim Malcolm is the assigned ALJ in this proceeding.

Findings of Fact

1. Aggregation of customer load implies that customers will receive energy service from providers other than the serving utility.

2. The Legislature modified Section 366(b) to provide that community choice aggregators empowered by Section 366.2 to sell electricity do not have to receive an affirmative authorization from the customer before serving that customer.

Conclusions of Law

1. Section 80110 of the California Water Code suspends a customer's ability to acquire service from other providers until the Department of Water Resources no longer supplies power to utility customers.

2. For purposes of carving out an exception to Section 80110 of the Water Code, there is no relevant distinction between the terms "direct transactions" and "aggregation of customer load."

3. The Legislature's modification of Section 366(b) does not affect the application of Section 80110 with regard to "direct transaction" or "aggregation of customer load" except with regard to community choice aggregators empowered to provide electricity service pursuant to Section 366.2.

4. The Commission has not yet reached a determination that DWR no longer supplies power to utility customers.

5. The Commission should deny the motion of Michael Kyes.

ORDER

IT IS ORDERED that:

1. The motion of Michael Kyes dated September 7, 2005 is denied as set forth herein.

2. Rulemaking 04-03-017 is closed.

This order is effective today.

Dated June 29, 2006, at San Francisco, California.

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