4. TURN Motion to Reopen the Record
On July 2, 2008, TURN filed a motion to reopen the record and submit an additional exhibit. This exhibit consisted of a presentation by Ron Hofmann, a consultant to the California Energy Commission (CEC), which TURN states was made at a CEC Load Management Workshop on Enabling Technologies on June 19, 2008. This presentation includes a bill of materials showing a cost of $29.65 for the components of a PCT, and sites a "rule of thumb" that the retail cost of goods is generally three to four times the bill of materials. According to TURN, this document supports TURN's position that the cost of a two-way communicating thermostat would be significantly higher than SCE's cost estimate of $50, which would reduce the cost effectiveness of SCE's program.
SCE filed a response opposing this motion on July 11, 2008. In its response, SCE notes that, as TURN acknowledges in its ruling, the costs for materials listed in this presentation match the costs in a similar bill of materials provided in hearings. Also, the "rule of thumb" cited in the presentation relates the cost of the bill of materials to the retail cost of an item; in testimony and hearings, however, SCE explains its intention to purchase PCTs wholesale and in bulk. For these reasons, SCE believes that the presentation does not represent a "material change in facts" that justifies reopening the record.9 SCE also argues that if the record is reopened to admit this evidence, SCE should have an opportunity to cross examine a sponsoring witness, and that if this updated cost is included, that SCE has many other "updated" costs and benefits that it could include.10
Reopening the record to admit this piece of evidence would necessitate providing SCE with an opportunity to cross examine a sponsoring witness, and if this information is included, SCE should also have an opportunity to provide updated information in support of its own position. The information on the costs of PCT component materials in the CEC presentation is consistent with a bill of materials provided at hearings, and is therefore not new information. The "rule of thumb" provided in the CEC presentation describes a relationship between the costs of materials and the retail cost of a final product, and therefore is not material to the wholesale cost of PCTs used in SCE's business case. In addition, at some point, it is necessary to close the record and examine the business case on its merits. For these reasons, TURN's motion to reopen the record is denied.
9 "Response of Southern California Edison Company to Motion of The Utility Reform Network to Reopen Record and Admit Evidence," (SCE Response) filed in A.07-07-026 on July 11, 2008, p. 3.
10 SCE Response, p. 4.
