IX. Assignment of Proceeding

Geoffrey Brown is the Assigned Commissioner and Douglas Long is the assigned ALJ in this proceeding.

Findings of Fact

1. Balancing accounts have an associated expectation of recovery. They have been pre-authorized by the Commission, and it is the amounts - and not the creation of the accounts themselves - that the Commission reviews for reasonableness.

2. Memorandum accounts are accounts in which the utilities book amounts for tracking purposes. While the utilities may later ask for recovery of the amounts in those accounts, recovery is not a given.

3. The reasonable costs recorded in these Balancing and Memorandum Accounts were eligible for recovery during the rate freeze period.

4. The Commission did not conclude these proceedings in a timely fashion during the rate freeze.

5. The applicable ratemaking mechanisms as originally proposed by PG&E and Edison are not longer in existence. There are, however, new and other still-functioning mechanisms that may be used to close the now-defunct balancing and memorandum accounts.

6. Admission of Edison's additional late-filed exhibit on the accounting treatment for the Edison v. Lynch Settlement does not adversely affect the outcome of this proceeding.

7. Edison credited a $55.745 million net overcollection to ratepayers in its PROACT account consistent with the settlement in Edison v. Lynch and Resolution E.-3765.

8. Edison's cost recovery for certain accounts can be made in currently effective balancing accounts and other ratemaking mechanisms including the PBR EDAM, PPPAM, NDAM, and the ERRA as a part of the ongoing regulatory oversight applicable to those mechanisms.

9. Use of the three-month commercial paper interest rate to calculate interest on refunds to ratepayers is consistent with established Commission ratemaking practices.

10. Edison's Kramer-Victor account has already been closed by D.00-06-054 and further action is not required in this decision.

Conclusions of Law

1. AB 6X has superseded the provisions of AB 1890, which would have put PG&E and Edison at risk for uneconomic generation-related costs.

2. The Commission may lawfully authorize recovery.

3. PG&E and Edison are entitled to recover their reasonable costs.

4. PG&E has shown its costs have been recovered in other proceedings that closed certain accounts and by the continuation of eleven other accounts. PG&E's application is therefore moot.

5. Edison can reasonably recover the outstanding balances in defunct accounts by transferring the balances to currently active accounts including the PBR EDAM, PPPAM, NDAM, and the ERRA in lieu of the now closed TRA, TCBA, and other transitional ratemaking mechanisms from the AB 1890 industry restructuring.

6. Edison reasonably refunded a $55.745 million net overcollection to ratepayers.

O R D E R

IT IS ORDERED that:

1. Application (A.) 00-03-038 filed by Pacific Gas and Electric Company is moot and is closed, except for intervenor compensation requests.

2. Southern California Edison Company (Edison) shall file an advice letter revising its preliminary statement in conformance with this decision and as prescribed in General Order 96-A. The advice letter shall eliminate accounts modify the Edison's Preliminary Statement as approved in this decision. The advice letter shall be effective when approved by the Energy Division.

3. Hearings are not necessary.

4. Edison's A.00-03-047 is closed, except for intervenor compensation requests.

This order is effective today.

Dated , at San Francisco, California.

APPENDIX A

LIST OF APPEARANCES

************ APPEARANCES ************

James Weil
AGLET CONSUMER ALLIANCE
PO BOX 37
COOL CA 95614
(530) 885-5252
jweil@aglet.org

For: Aglet Consumer Alliance

Gregory Maxim
Attorney At Law
ELLISON, SCHNEIDER & HARRIS, LLP
2015 H STREET
SACRAMENTO CA 95814-3109
(916) 447-2166
gm@eslawfirm.com

For: California Department of General Services (DGS)

Lise H. Jordan
Attorney At Law
PACIFIC GAS AND ELECTRIC COMPANY
77 BEALE STREET
SAN FRANCISCO CA 94105
(415) 973-6965
lhj2@pge.com

For: PACIFIC GAS AND ELECTRIC COMPANY

Lynn Chas Riser
PACIFIC GAS AND ELECTRIC COMPANY
77 BEALE STREET, B9A
SAN FRANCISCO CA 94105
(415) 973-4744
lcr0@pge.com


Mark R. Huffman
Attorney At Law
PACIFIC GAS AND ELECTRIC COMPANY
77 BEALE STREET, MC B30A,RM 3133
SAN FRANCISCO CA 94105
(415) 973-3842
mrh2@pge.com

For: Pacific Gas and Electric Company

Paul A. Szymanski
Attorney At Law
SAN DIEGO GAS & ELECTRIC COMPANY
101 ASH STREET
SAN DIEGO CA 92101
(619) 699-5078
pszymanski@sempra.com

For: San Diego Gas & Electric Company


Douglas M. Long

Administrative Law Judge Division
RM. 5023
505 VAN NESS AVE
San Francisco CA 94102
(415) 703-3200
dug@cpuc.ca.gov

James M. Lehrer
ROBERT B. KEELER
Attorney At Law
SOUTHERN CALIFORNIA EDISON COMPANY
2244 WALNUT GROVE AVENUE
ROSEMEAD CA 91770
(626) 302-3252
james.lehrer@sce.com

For: Southern California Edison Company

Keith Mc Crea
Attorney At Law
SUTHERLAND, ASBILL & BRENNAN
1275 PENNSYLVANIA AVENUE, NW
WASHINGTON DC 20004-2415
(202) 383-0705
keith.mccrea@sablaw.com

For: CMTA

********** STATE EMPLOYEE ***********


Anthony Fest
Office of Ratepayer Advocates
RM. 4205
505 VAN NESS AVE
San Francisco CA 94102
(415) 703-5790
adf@cpuc.ca.gov

For: Office of Ratepayer Advocates

Maxine Harrison
Executive Division
RM. 500
320 WEST 4TH STREET SUITE 500
Los Angeles CA 90013
(213) 576-7064
omh@cpuc.ca.gov


Beverly Sligh
Information & Management Services Divisi
RM. 3000
505 VAN NESS AVE
San Francisco CA 94102
(415) 703-1650
bfh@cpuc.ca.gov

For: Office of Ratepayer Advocates

Kayode Kajopaiye
Energy Division
AREA 4-A
505 VAN NESS AVE
San Francisco CA 94102
(415) 703-2557
kok@cpuc.ca.gov


(END OF APPENDIX A)

Previous PageTop Of PageGo To First Page