5. Comments on Proposed Decision
The proposed decision of ALJ Simon in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments on the PD were filed on October 6, 2008 by CalWEA, California Cogeneration Council, Large-scale Solar Association, and Solar Alliance (jointly; collectively, CalWEA); Energy Producers and Users Coalition and Cogeneration Association of California (jointly; collectively, EPUC); GPI; PG&E; SDG&E; SCE; TURN; and UCS. Reply comments were filed on October 14, 2008 by CalWEA, EPUC, PG&E, TURN, and UCS.
The comments focus on three areas: gas forecast, capacity factor, and GHG compliance costs. Some comments also address issues related to capital cost and confidentiality of the MPR calculation. All comments and reply comments have been carefully considered.40
The principal areas of revisions in the text of the PD are noted here.
The basic approach of the gas forecast for the MPR has been clarified, with more explicit reference to D.05-12-042. Some comments point out ambiguities in parts of the discussion of the gas forecast. These parts have been expanded and clarified. The scope of staff discretion has been made clearer.
The discussion of the relationship of the utilities' TOD factors to the time-differentiated MPR has been expanded and clarified.
The discussion of the escalation of capital costs has been expanded and the scope of staff discretion has been clarified.
The discussion of GHG compliance costs has been revised to characterize the models of GHG costs more accurately and to explain the scope of staff discretion more precisely.
Additional changes have been made to address less significant issues raised by the comments, to correct minor errors, and to improve consistency.
40 Some comments and reply comments, including those of CalWEA, GPI, SCE, and SDG&E, present factual material not in the record of this proceeding as the basis for some of their recommendations on the PD. Rule 14.3 provides, however, that comments "shall make specific references to the record." This new factual material has not been used in making revisions to the PD.
