Ex parte communications in this proceeding are subject to Article 8 of the Commission's Rules of Practice and Procedure.
Therefore IT IS ORDERED that:
1. An Order Instituting Rulemaking is instituted on the Commission's own motion for the purpose of examining current residential electric rate design, including the tier structure in effect for residential customers, the state of dynamic pricing, potential pathways from tiers to time-variant and dynamic pricing, and optimal residential rate design to be implemented when statutory restrictions are lifted.
2. This Order Instituting Rulemaking will investigate whether the current tier structure continues to support the underlying statewide-energy goals, facilitates the development of customer-friendly technologies, and whether the rates result in inequitable treatment across customers and customer classes.
3. Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company, PacifiCorp, and other jurisdictional electric utilities set forth in Appendix A are named respondents to this Order Instituting Rulemaking. The outcome of this rulemaking will be applicable to all investor-owned utilities that are required to obtain Commission approval for residential rates, even if they do not participate.
4. The Division of Ratepayer Advocates is named a party to this Order Instituting Rulemaking.
5. Named respondents and the Division of Ratepayer Advocates are required, and all other interested persons are invited, to participate in a workshop to discuss and refine the preliminary questions set forth in this Order Instituting Rulemaking, and to file comments and reply comments to the subsequent, specific questions which will be filed and served by Assigned Commissioner's Ruling.
6. The outcome of this Order Instituting Rulemaking shall be applicable to all investor owned electric utilities and their retail customers.
7. The Executive Director shall cause copies of this order to be served on named respondents to this Order Instituting Rulemaking, the Division of Ratepayer Advocates, and the service lists for Rulemaking 10-05-004, Application (A.) 10-03-014, the following consolidated applications (A.11-05-017, A.11-05-018, A.11-05-019, and A.11-05-020), A.11-06-007, and A.11-10-002.
8. The category of this Order Instituting Rulemaking is preliminarily determined to be quasi-legislative, as that term is defined in the Commission's Rules of Practice and Procedure, Rule 1.3(d).
9. This proceeding is preliminarily determined to require evidentiary hearings.
10. The preliminary schedule for this proceeding is as set forth in the body of this Order Instituting Rulemaking. The assigned Commissioner through his/her scoping memo and subsequent rulings, and the assigned Administrative Law Judge by ruling with the assigned Commissioner's concurrence, may modify the schedule as necessary.
11. The issues to be considered in this Order Instituting Rulemaking (OIR) are those set forth in the body of this OIR.
12. Comments and reply comments shall conform to the requirements of the Commission's Rules of Practice and Procedure.
13. Any persons objecting to the preliminary categorization of this Order Instituting Rulemaking (OIR) as "quasi-legislative" or to the preliminary determination on the need for hearings, issues to be considered, or schedule shall state their objections in their opening comments of this OIR.
14. Within 30 days of the date of issuance of this order, any person or representative of an entity seeking to become a party to this Order Instituting Rulemaking must send a request to the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California 94102 (or Process_Office@cpuc.ca.gov) to be placed on the official service list for this proceeding. Individuals seeking only to monitor the proceeding, but not participate as an active party may request to be added to the service list as "Information Only."
15. After initial service of this order, a new service list for the proceeding shall be established following procedures set forth in this order. The Commission's Process Office will publish the official service list on the Commission's website (www.cpuc.ca.gov) as soon as practical. The assigned Commissioner, and the assigned Administrative Law Judge acting with the assigned Commissioner's concurrence, shall have ongoing oversight of the service list and may institute changes to the list or the procedures governing it as necessary.
16. Any party that expects to claim intervenor compensation for its participation in this Order Instituting Rulemaking shall file its notice of intent to claim intervenor compensation in accordance with Rule 17.1 of the Commission's Rules of Practice and Procedure, within 30 days of the filing of reply comments or of the prehearing conference, whichever is later.
This order is effective today.
Dated June 21, 2012, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J.K. SANDOVAL
MARK J. FERRON
Commissioners
APPENDIX A
Wayne Amer (906)
President
Mountain Utilities
P. O. Box 205
Kirkwood, CA 95646
Brian Cherry (39)
Director, Regulatory Relations
Pacific Gas and Electric Company
P. O. Box 770000, B10C
San Francisco, CA 94177
Mark Tucker (901)
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
Steve Rahon (902)
Director, Tariff & Regulatory Accounts
San Diego Gas & Electric Company
8330 Century Park Court, CP32C
San Diego, CA 92123-1548
Akbar Jazayeiri (338)
Director of Revenue & Tariffs
Southern California Edison Company
P. O. Box 800
2241 Walnut Grove Avenue
Rosemead, CA 91770
Ronald Moore (133)
Golden State Water Company/Bear Valley Electric
630 East Foothill Blvd.
San Dimas, CA 91773
Bob Dodds
California Pacific Electric Company, LLC
933 Eloise Avenue
South Lake Tahoe, CA 96150
(END OF APPENDIX A)