7. Respondents
With limited exceptions noted herein, we name as respondents all retail sellers now named in R.06-05-027. This includes large electric utilities, small electric utilities, multi-jurisdictional electric utilities, ESPs and one CCA.
We release two current respondents: City of Chula Vista (CCV) and City and County of San Francisco (CCSF). CCV and CCSF were named respondents in R.06-05-027 consistent with their being "named respondents in R.06-02-012 based on their self-identification as potential CCAs." (R.06-05-027, p. 9.) In the over two years since initiation of R.06-02-012, neither has become a CCA. We now release them as respondents, but retain them as parties. We add one CCA: San Joaquin Valley Power Authority (SJVPA).13
As we stated in R.06-05-027, any ESP that, subsequent to the date of this OIR, becomes registered to provide service through direct access transactions within the service territory of one or more of the respondent electrical corporations shall automatically, as a result of that registration, become a respondent to this proceeding upon such registration. Any ESP withdrawing its registration should notify the assigned ALJ within five days of effectuating the withdrawal of its registration. On July 3, 2008, we were notified that APS Energy Services Company, Inc. (APSES) discontinued sales of electricity to customers within California as of July 31, 2008, and sought permission to withdraw its registration as an ESP. Therefore, we do not include APSES as a respondent. We also do not include New West Energy. (D.08-05-029, Ordering Paragraph 22.)
Further, any CCA that, subsequent to the date of this OIR, becomes registered to provide service within the service territory of one or more of the respondent electrical corporations through CCA transactions shall automatically, as a result of that registration, become a respondent to this proceeding upon such registration. All entities considering becoming CCAs, even if they are at the early stages of their consideration, are encouraged to participate in this proceeding.
We state our expectation of the degree of respondents' participation, and repeat our view regarding micro utility respondents, as also stated in R.06-05-027. All large respondents shall fully participate in all matters and all phases of this proceeding. In addition, all respondents shall fully comply with orders of the assigned Commissioner or ALJ regarding specific participation.
We are also mindful that some micro utilities may be overwhelmed by our proceedings. We will not expect their participation on any but core issues which concern micro utilities. (Pub. Util. Code §§ 2780 and 2780.1.) These issues, for example, might include, but are not necessarily limited to, the five minimum obligations required of all retail sellers. They do not include the filing of draft RPS procurement plans for Commission consideration. Failure of a small entity or micro utility to participate on an issue does not excuse that entity or utility from compliance with any subsequent order of the ALJ, assigned Commissioner or the Commission.
13 Effective April 30, 2007, SJVPA became a CCA. (See D.08-05-029, page 37 and Ordering Paragraph 23.)
