5. Comments on Proposed Decision

The proposed decision (PD) of ALJ Simon in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. In view of the complex issues addressed in the PD, parties may file comments of not more than 25 pages and reply comments of not more than 10 pages.

Comments were filed on May 14, 2012 by AReM, BVES, CMUA, CalWEA, Calpine, DRA, GPI, IEP, LSA, Noble Solutions, PacifiCorp, PG&E, SDG&E, Shell, SCE, TURN/CUE, and UCS. Reply comments were filed on May 21, 20112 by AReM, BVES, CMUA, CCSF, DRA, GPI, LSA, PacifiCorp, PG&E, SDG&E, Sacramento Municipal Utility District, SCE, TURN/CUE, and UCS.

All comments and reply comments have been carefully considered. The PD has been revised to:

· clarify and expand the discussion of determining prior APT deficits and filing closing reports;

· clarify the treatment of amendments or modifications to RPS procurement contracts originally signed before June 1, 2010;

· resolve certain issues raised by SMJUs;

· improve clarity and consistency; and

· correct minor errors.