IX. Assignment of Proceeding
Susan P. Kennedy is the Assigned Commissioner and Kim Malcolm is the assigned Administrative Law Judge in this proceeding.
1. The purpose of this proceeding is to allocate funds for the continuation of energy efficiency programs and evaluation of them for two years during 2004-05.
2. The programs described in Attachments 3 to 8 would promote energy savings in ways that are consistent with our explicit policies and evaluation criteria for programs funded by public goods charge revenues and those that support the utilities' energy procurement portfolios.
3. Limiting the ability of utilities to shift funds between programs is consistent with the Commission's duty to oversee program funding and promote cost-effective and fair programs.
4. Assigning one utility to administer certain program elements promotes consistency and efficiency in program management. Edison has assumed this role for the statewide marketing and outreach programs discussed in this decision.
1. Energy efficiency programs should be modified to the extent those modifications would promote more cost-effective programs, increased participation, fairness or other criteria or policy adopted by the Commission.
2. The Commission should adopt the program funding and modifications set forth in Attachments 1 and 3 to 8.
3. The Commission should allocate funding to those marketing and outreach proposals that are most likely to be successful, which are in this case those that received funding for 2003.
4. Public Utilities Code Sections 381 and 390 directs the Commission to supervise the spending of public goods charge and thereby authorizes the Commission to contract with experts to evaluate program implementation and verify spending.
5. R.01-10-024 authorizes funding for energy efficiency programs by the utilities as elements of their energy procurement portfolios. A companion decision issued today in that docket develops the funding mechanism, the evaluation criteria and authority to spend funds on programs adopted in this order as part of each utility's procurement portfolio.
6. The utilities should evaluate energy efficiency programs and spending in 2004-2005 as set forth herein.
7. The utilities should account for energy efficiency funds and provide related data to the Commission as set forth herein.
8. The utilities' authority to shift funds between programs should be limited as set forth herein.
9. Edison should continue to administer certain program elements for all utilities, as set forth herein.
IT IS ORDERED that:
1. We approve the energy efficiency programs for 2004 and 2005 as set forth in Attachment 1 to this decision. Those programs apply to Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison), San Diego Gas & Electric Company (SDG&E), and Southern California Gas Company (SoCalGas). Those investor-owned utilities (utilities) and non-parties chosen to receive funding shall be eligible for no more than the amounts awarded. Program payments shall be contingent on reasonable program performance.
2. All statewide marketing and outreach programs receiving funding shall file and serve, within 60 days from the date the Commission approves this decision, Program Implementation Plans (Plans) for each funded program. Each party shall also post their Plans on their websites in a prominent and easy-to-find location. The Plans shall contain the information set forth in this decision.
3. No party shall delay program commencement or preparation pending submission of or Commission action on these plans.
4. Where non-parties receive funding, the utilities shall administer the party contracts as set forth in Attachment 1. Edison shall continue to administer the contract for the three statewide marketing and outreach programs. Funded parties shall file and serve required Program Implementation Plans and shall not be eligible to receive funding prior to such submission.
5. Companies awarded funding for statewide marketing and outreach efforts shall consult with utility and non-utility energy efficiency program managers and each other to coordinate the timing of utility and non-utility messages and programs.
6. The utilities shall work together to market their statewide programs. To the extent the utilities offer the same programs, they shall advertise them together. Program Implementation Plans and quarterly reports shall describe utility efforts to coordinate programs. Utilities shall focus all PGC-funded marketing for programs in this decision on energy efficiency messages.
7. Non-utility program implementers will be eligible for a performance award for up to 7% of a program's approved budget. Awards shall be at the discretion of the Commission and its designees. The amount of the award shall depend on program success as measured by adopted program goals. The total budgets approved for each non-utility program, as shown in Attachments 1, 7 and 8, include the 7% performance award. This amount shall be set aside and only awarded pending review of program performance as provided for in the contract. Program providers, including non-utilities, shall prominently post all reports on their respective websites.
8. Utilities shall not shift program funds across program categories except as set forth herein. Within the following categories, for PGC-funded energy efficiency programs the utilities may shift up to 25% of one program's funds into another program in the same category. The utilities may shift 100% of funds between programs that are authorized as elements of energy procurement portfolios.
Categories:
a. Statewide Residential Retrofit
b. Statewide Residential New Construction
c. Statewide Nonresidential Retrofit
d. Statewide Nonresidential New Construction
e. Statewide Cross-Cutting (except Codes and Standards Advocacy)
9. The utilities shall prominently disclose any such program fund shifting in their monthly reports. Utilities shall file a motion to modify the 25% limitation if necessary for program success or to avoid program failure. We herein delegate authority to the assigned ALJ to resolve such motions.
10. The utilities shall pay for costs associated with the Commission's contracts for projects described herein and shall cooperate with Commission staff and consultants on all such audits and studies, as described herein.
11. Utilities shall jointly develop, file, and serve, within 60 days of the effective date of this order, in consultation with the Energy Division and through available informal mechanisms, a plan for the conduct of evaluation activities related to their statewide and local programs, including ongoing and new studies. The utilities should make demonstrable efforts to expand and vary the entities with which they contract to perform these duties. We delegate authority to the assigned ALJ, in consultation with the Energy Division and the Assigned Commissioner, to review and approve the evaluation plan.
12. A utility shall not increase the dollar amounts of individual customer incentives above those approved in this decision and as filed in their approved Program Implementation Plans without first notifying all parties to this proceeding electronically and receiving approval from designated Commission staff, consistent with this order. A utility may lower customer incentives by notifying designated Commission staff and the service list of this proceeding. Increases to customer incentive amounts must be approved in advance by designated Commission staff following 20-day notice to staff and the service list of this proceeding.
13. Where program changes are required by this order, the utilities shall submit revised sections of their previously filed program implementation plans incorporating those changes. Those revisions shall be submitted to Energy Division staff within 45 calendar days of this order.
This order is effective today.
Dated _____________________, at San Francisco, California.
Attachment 1-3 Malcolm Agenda Dec.
Attachment 4 Malcolm Agenda Dec.
Attachment 5 Malcolm Agenda Dec.
Attachment 6 Malcolm Agenda Dec.
Attachment 7 Malcolm Agenda Dec.
Attachment 8 Malcolm Agenda Dec.
