COM/CXW/BWM/sid DRAFT Agenda ID #2936

Quasi-Legislative

5/6/2004 Item 35

Decision DRAFT DECISION OF COMMISSIONER WOOD
(Mailed 10/29/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking to implement the provisions of Public Utilities Code § 761.3 enacted by Chapter 19 of the 2001-02 Second Extraordinary Legislative Session.

Rulemaking 02-11-039

(Filed November 21, 2002)

INTERIM OPINION REGARDING

COMMISSION IMPLEMENTATION

AND ENFORCEMENT OF

LOGBOOK STANDARDS

FOR THERMAL POWERPLANTS

Title Page

INTERIM OPINION REGARDING COMMISSION IMPLEMENTATION

AND ENFORCEMENT OF LOGBOOK STANDARDS

FOR THERMAL POWERPLANTS 2

1. Summary 2

2. Background 3

2.1. Logbook Standards and Committee Process 3

2.2. Commission Process 5

3. Jurisdiction: Hydro, Nuclear, EWGs, Other 6

3.1. Hydroelectric 7

3.2. Nuclear and Other Plants Specifically Excluded by § 761.3 7

3.3. EWGs 8

3.3.1. State Law 9

3.3.2. Federal Law 14

3.4. New Facilities 16

3.5. Out-of-State and Joint Ownership 16

3.6. Conclusion on Covered Thermal Facilities 17

4. Authority to Adopt Logbook Standards 18

4.1. Logbook Standards are Operation and Maintenance Standards 18

4.2. Administrative Procedures Act 19

5. Eight Specific Issues Identified in Scoping Memo 21

5.1. Implementation 21

5.1.1. Compliance Document 22

5.1.2. Decline to use FERC or CAISO Tariffs 24

5.2. Common Format 25

5.3. Electronic Copy Available in "Real Time" 28

5.4. Enforcement 29

5.5. Public Utility Status 32

5.6. Changes 33

5.7. Specific Recommendations 36

5.8. Other: Confidentiality 37

6. California Environmental Quality Act 38

7. Comments on Draft Decision 38

7.1. APA and Executive Order S-2-03 40

7.2. Data Retention Period 41

7.3. Waiver of Logbook Standards 43

8. Assignment of Proceeding 44

Findings of Fact 44

Conclusions of Law 47

INTERIM ORDER 52

ATTACHMENT A - Electricity Generating Facilities Logbook Standards for
Thermal Powerplants

ATTACHMENT B - Sample Verified Statement

INTERIM OPINION REGARDING

COMMISSION IMPLEMENTATION

AND ENFORCEMENT OF

LOGBOOK STANDARDS

FOR THERMAL POWERPLANTS

1. Summary

Pub. Util. Code § 761.3 requires that the Commission implement and enforce operation and maintenance standards adopted by the California Electricity Generation Facilities Standards Committee (Committee). This order involves our implementation and enforcement of Committee-adopted Logbook Standards for thermal powerplants. (See Attachment A.)

Within 30 days of the date this order is mailed, an authorized representative of each covered electricity generation facility shall file a verified statement with the Director of the Consumer Protection and Safety Division (CPSD).¹ The statement shall indicate that (a) the facility is keeping required logbooks, (b) a compliance document has been prepared, and (c) logbooks and the compliance document are being updated and maintained. The compliance document will show where and how data required by the Logbook Standards are recorded and maintained for each facility. Only facilities 50 megawatts (MW) and larger are required to keep the specified logbooks, prepare a compliance document, and file the verified statement.

Within 12 months, respondents shall file and serve an application that addresses implementation and enforcement of a common format for recording and maintaining logbook data. The proceeding remains open.

¹ A proposed General Order (GO) was filed and served for comment by Ruling dated October 2, 2003, and included as part of a draft decision filed for comment on February 27, 2004. The proposed GO applies to "Generating Assets" and "Generating Asset Owners." (Proposed GO, Sections 2.8 and 2.9.) "Covered electricity generating facilities" in this order are the same as "generating assets" in the proposed GO. Corporations and persons who "own, control, operate or manage" a covered facility in this order are the same as "generating asset owners" in the proposed GO. If the Commission adopts the GO, the GO language (i.e., proposed GO Sections 2.8 and 2.9) will control.