II. BACKGROUND

D.07-05-028 implements subdivision (b) of section 399.14.³ Evidentiary hearings were held in R.06-02-012. The record in this underlying proceeding also includes the May 2006 evidentiary hearing in R.04-04-026, regarding renewables procurement standards (RPS) using contracts of less than 10 years. Amongst other things, D.07-05-028 requires load-serving entities (LSEs) obligated under the RPS program to enter into long term contracts and/or short term contracts with new facilities for energy deliveries equivalent to at least one-quarter of one percent of that LSE's prior year's retail sales if such LSE intends, for any RPS compliance purpose, to count deliveries from short term contracts with existing RPS-eligible facilities. In addition, D.07-05-028 contains language denying those deemed to be "non-market participants" and Commission staff, access to contracts and other compliance filings under section 399.14 that have been deemed to be confidential material.

³ Section 399.14(b) provides, in relevant parts:

The [C]ommission may authorize a retail seller to enter into a contract of less than 10 years' duration with an eligible renewable energy resource, subject to the following conditions:

(1) No supplemental energy payments shall be awarded for a contract of less than 10 years' duration. The ineligibility of contracts of less than 10 years' duration for supplemental energy payments pursuant to this paragraph does not constitute an insufficiency in supplemental energy payments ....

(2) The [C]ommission has established, for each retail seller, minimum quantities of eligible renewable energy resources to be procured either through contracts of at least 10 years' duration or from new facilities commencing commercial operations on or after January 1, 2005.