D0709044 Appendices A-C
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ALJ/CAB/hl2/sid Date of Issuance 9/21/2007

Decision 07-09-044 September 20, 2007

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Integrate Procurement Policies and Consider Long-Term Procurement Plans.

Rulemaking 06-02-013

(Filed February 16, 2006)

OPINION ADOPTING JOINT SETTLEMENT AGREEMENT,
AS CLARIFIED, REGARDING PRINCIPLES FOR THE
ENERGY AUCTION PROCESS AND PRODUCTS

Summary

This decision adopts all provisions of the Joint Settlement Agreement (Settlement Agreement/Settlement) presented by Settling Parties1 outlining Principles for the process and products to be included in the energy auction established by the Commission in Decision (D.) 06-07-029, except for two specific clarifications of the Settlement's proposed allocation of resource adequacy (RA) capacity (Section VIII.A.2)2 and several other general clarifications.

1 The Settling Parties include Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas & Electric (SDG&E), Constellation Energy Commodities Group, Inc., Constellation NewEnergy, Inc. (Constellation), Western Power Trading Forum (WPTF), the Division of Ratepayer Advocates (DRA), Aglet Consumer Alliance (Aglet), J. Aron & Company, The Utility Reform Network (TURN), Mirant Corporation; Mirant California, LLC, Mirant Delta, LLC (collectively Mirant), Alliance for Retail Energy Markets (AReM), and Barclays Bank, PLC. A copy of the Settlement Agreement is attached to this decision as Attachment A.

2 The Settling Parties propose allocation of RA capacity by the California Energy Commission (CEC) adjusted on a monthly basis to facilitate load migration. This decision instead clarifies that the Energy Division (ED) of the California Public Utilities Commission has the responsibility of RA counting, and that revisions to facilitate load migration will be made on a quarterly rather than monthly basis. Also, the date of the notification described in Section VIIIA 2. b. is changed from June to July.

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