Communications with decisionmakers and advisors in this rulemaking are governed by Article 8 of the Rules of Practice and Procedure. (See Rule 8.4(b), Rule 8.2(c), and Rule 8.3.)
Therefore, IT IS ORDERED that:
1. In accordance with Rule 6.1 of the Rules of Practice and Procedure (Rules), the Commission institutes this rulemaking on its own motion to review, and modify to the extent found to be appropriate, the Planning Reserve Margin (PRM) and the assumptions, methods, and procedures used for its determination.
2. As stated in Rule 6.1, this proceeding may result in the adoption, repeal, or amendment of rules, regulations, and guidelines pertaining to the PRM that were adopted by rulemaking.
3. All load-serving entities as defined in Pub. Util. Code § 380 (j) are named as respondents and are parties to this proceeding pursuant to Rule 1.4 (d). Appendix A lists such entities as reflected in the Commission's records. Any error or omission in Appendix A shall not excuse any load-serving entity from respondent status.
4. Any person or entity other than a respondent who seeks party status shall do one of the following: (a) file a prehearing conference statement in accordance with this order; (b) appear at the prehearing conference; (c) file comments in accordance with any subsequent order of the Commission, assigned Commissioner, or Administrative Law Judge that provides for the filing of comments; or (d) file a motion to become a party. Those seeking party status shall comply with Rule 1.4 (b).
5. Prehearing conference statements may be filed and are due April 25, 2008. These statements shall be served on the temporary service list, consisting of the entities in Appendix A and the service lists for Rulemaking (R.) 05-12-013, R.08-01-025, R06-02-013, and R.08-02-007. Any person who objects to this order's determinations regarding categorization of the proceeding as ratesetting, the need for hearing, issues to be considered, or scheduling shall state such objections in their PHC statements.
6. Any party that expects to claim intervenor compensation for its participation in this rulemaking shall file its notice of intent to claim intervenor compensation no later than 30 days after the PHC.
7. The Executive Director shall cause this Order Instituting Rulemaking to be served on respondents and on the service lists for R.05-12-013, R.08-01-025, R.06-02-013, and R.08-02-007.
8. The Preliminary Schedule set forth in the foregoing discussion is hereby approved. The assigned Commissioner or the ALJ may make any revisions to the scheduling determinations made herein as necessary to facilitate the efficient management of the proceeding
This order is effective today.
Dated April 10, 2008, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
APPENDIX A
Load-Serving Entities as Defined in Section 380(j)
Electrical Corporations
David Coyle, General Manager (909)
Anza Electric Co-Operative, Inc.
58470 Highway 371
Anza, CA 92539-1909
Raymond R. Lee (906)
Chief Operating Officer
Mountain Utilities
P. O. Box 205
Kirkwood, CA 95646
Brian Cherry (39)
Vice President, Regulatory Relations
Pacific Gas and Electric Company
P. O. Box 770000, Mail CODE: B10C
San Francisco, CA 94177
Douglas Larson (901)
PacifiCorp
One Utah Center, 23rd Floor
201 South Main
Salt Lake City, UT 84111
Robert Marshall, General Manager (908)
Plumas Sierra Rural Electric Coop.
P. O. Box 2000
Portola, CA 96122-2000
Steve Rahon (902)
Director, Tariff & Regulatory Accounts
San Diego Gas & Electric Company
Michael Carano (903)
Rate Regulatory Relations
Sierra Pacific Power Company
P. O. Box 10100
6100 Neal Road
Reno, NV 89520-0026
Akbar Jazayeiri (338)
Director of Revenue & Tariffs
Southern California Edison Company
P. O. Box 800
2241 Walnut Grove Avenue
Rosemead, CA 91770
Ronald Moore (133)
Southern California Water Company
630 East Foothill Blvd.
San Dimas, CA 91773
Dan Silveria
Surprise Valley Electric Corporation
P. O. Box 691
Alturas, CA 96101
Cindy Morrow
Valley Electric Association
800 E. Hwy 372
Pahrump, NV 89048
8330 Century Park Court, CP32C
San Diego, CA 92123-1548
Electric Service Providers
3Phases Renewables, LLC (1350)
Michael Mazur
2100 Sepulveda Blvd., Suite 37
Manhattan Beach, CA 90266
American Utility Network (1158)
Frank Annunziato, President
10705 Deer Canyon Drive
Alta Loma, CA 91737-2483
AOL Utility Corp. (1355)
Lili Shariari
12752 Barrett Lane
Santa Ana, CA 92705
APS Energy Services Co., Inc. (1361)
Stacy Aguayo
400 E. Van Buren Street, Suite 750
Phoenix, AZ 85004
Calpine Power America-CA, LLC (1362)
Kevin Boudreaux
4160 Dublin Blvd.
Dublin, CA 94568
City of Corona Dept. of Water and Power (1367)
Kerry Eden, Assistant General Manager
730 Corporation Yard Way
Corona, CA 92880
Commerce Energy Inc. (1092)
Inger Goodman
600 Anton Blvd., Suite 2000
Costa Mesa, CA 92626
Constellation New Energy, Inc (1359)
Bill Chen
Two California Plaza
South Grand Avenue, Suite 3800
Los Angeles, CA 90071
Coral Power, L.L.C.
Marcie Milner (1360)
General Manager, Regulatory Affairs
Shell Energy North America
4445 Eastgate Mall, Suite 100
San Diego, CA 92121
Energy America, LLC (1341)
Adrian Pye
263 Tresser Blvd, One Stamford Plaza, 8th Fl.
Stamford, CT 06901
Liberty Power Holdings LLC (1371)
Corporate Creations Network Inc.
131-A Stoney Circle #500
Santa Rosa, CA 95401
Liberty Power Delaware LLC (1372)
Corporate Creations Network Inc.
131-A Stoney Circle #500
Santa Rosa, CA 95401
Pilot Power Group, Inc. (1365)
Thomas Darton
9320 Chesapeake Drive, Suite 112
San Diego, CA 92123
Praxair Plainfield, Inc. (1370)
Rick C. Noger
2711 Centerville Road, Suite 400
Wilmington, DE 19808
Sempra Energy Solutions (1364)
Megan Saunders
101 Ash Street, HQ09
San Diego, CA 92101-3017
Strategic Energy LTD (1351)
Kerry Hughes
7220 Avenida Encinas, Suite 120
Carlsbad, CA 92209
New West Energy
Robert Nichols
P. O. Box 61868 Mailing Station ISB 665
Phoenix, AZ 85082-1868
Occidental Power Services, Inc.
E. J. Wright
5 Greenway Plaza, Suite 110
Houston, TX 77046
Any electric service provider that, subsequent to the date of the order instituting this rulemaking, becomes registered to provide services within the service territory of one or more of the respondent electrical corporations through direct access transactions shall, upon such registration, become a respondent to this proceeding. Any electric service provider respondent whose registration is cancelled during the course of this proceeding shall, upon confirmation of such cancellation by the Energy Division, cease to be a respondent to this proceeding.
Community Choice Aggregators
Pending CCAs
San Joaquin Valley Power Authority
David Orth, General Manager
4886 East Jensen Ave.
Fresno, CA 93725
Any community choice aggregator that, subsequent to the date of the order instituting this rulemaking, files an implementation plan or becomes registered to provide services within the service territory of one or more of the respondent electrical corporations through community choice aggregation transactions shall, upon such filing or registration, become a respondent to this proceeding. Any community choice aggregator respondent that withdraws its implementation plan or whose registration is cancelled during the course of this proceeding shall, upon confirmation of such withdrawal or cancellation by the Energy Division, cease to be a respondent to this proceeding.
(END OF APPENDIX A)