Conclusions of Law

1. A new rulemaking should be opened to continue RPS Program implementation and administration.

2. The record in R.06-05-027 should be incorporated into this proceeding.

3. This proceeding should extend for 24 months from the date of the assigned Commissioner's Scoping Memo.

4. CCV and CCSF should be removed as respondents, but remain as parties; SJVPA should be included as a respondent; while APSES and New West Energy should not be included as respondents.

5. R.06-05-027 should be closed.

6. This order should be effective immediately to promote a smooth continuation and transition of matters from R.06-05-027 to this proceeding.

IT IS ORDERED that:

1. This rulemaking is opened to continue implementation and administration of the California Renewables Portfolio Standard Program.

2. The record in Rulemaking (R.) 06-05-027 is incorporated into the record in this proceeding.

3. With limited exceptions, respondents to this proceeding are the same as identified in R.06-05-027. Respondents are all electrical corporations subject to Pub. Util. Code §§ 399.11 et seq., all currently registered electric service providers and all current community choice aggregators. City of Chula Vista and City and County of San Francisco are released as respondents, but remain as parties. San Joaquin Valley Power Authority is a community choice aggregator, and is a respondent. APS Energy Services Company, Inc. and New West Energy are no longer registered electric service providers and are, therefore, not included as respondents.

4. Except to the extent modified by the ordering paragraph above, the service list shall be all persons and entities now on the service list for R.06-05-027 and in the same category (i.e., party, state service, information only).

5. Persons who are not now in, but wish to be added to, the party category of the service list may do so by filing comments on this Order Instituting Rulemaking (OIR); making a request at the prehearing conference, if held; or filing and serving a motion. Persons wishing to be added to the state service or information only category may do so by letter to the Process Office.

6. The Executive Director shall cause this OIR to be served on all respondents, and on the service list for this proceeding.

7. The category of this proceeding is preliminarily determined to be ratesetting, and evidentiary hearing is preliminarily determined to be necessary.

8. Comments on this OIR shall be filed and served within 10 days of the date this OIR is mailed. Any person objecting to the preliminary scoping memo (including issues, categorization, need for hearing, or schedule) shall state the objection in its comments on the OIR, along with anything else relevant to the scope or efficient handling of this proceeding.

9. This OIR may extend up to 24 months from the date of the assigned Commissioner's Scoping Memo.

10. A party that expects to request intervenor compensation for its participation in this rulemaking shall file and serve its notice of intent (NOI) to claim intervenor compensation in accordance with Rule 17.1. Such filing shall be within 30 days of the date this OIR is mailed. A party found eligible for intervenor compensation in R.06-05-027 remains eligible for intervenor compensation in this OIR, and need not file a new NOI, but shall file and serve an amendment to its original NOI if it's planned participation, potential compensation request, or other relevant information, is different than as stated in R.06-05-027.

11. Ex parte communications are governed by Rule 8.1 et seq.

12. The assigned Commissioner or the assigned Administrative Law Judge may issue rulings as needed to change the schedule for comments on this OIR or otherwise appropriately manage this proceeding.

13. R.06-05-027 is closed.

This order is effective today.

Dated August 21, 2008, at San Francisco, California.

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