Assignment of Proceeding
Geoffrey Brown and Carl Wood are the Assigned Commissioners and Thomas Pulsifer is the assigned Administrative Law Judge in this proceeding.
1. D.02-03-055 set forth two criteria for determining the validity of contracts entered into prior to the September 20, 2001 suspension date.
2. The second of the prescribed criteria requires that to submit an ESP list, or to submit direct access service requests for its accounts, an ESP must have in effect a valid ESP/UDC service agreement as of September 20, 2001.
3. Since Corona did not have an ESP/UDC service agreement with PG&E in effect as of September 20, 2001, PG&E believes it does not have the authority to enter into such an agreement with Corona.
4. It is not necessary to modify D.02-03-055 to clarify that the requirement for the ESP to have a valid service agreement under the second criterion does not affect the UDC's continuing obligation to process and execute new service agreements with any qualified ESP that wants to provide direct access service in the UDC's service territory to existing direct access customers.
5. Corona's proposed clarification language is not needed to facilitate DA customers' ability to switch from one ESP to another.
1. The Petition for Modification filed by the City of Corona should be denied.
2. D.02-03-055 should not be modified to clarify that it is not the intent of the Commission to prohibit new ESPs from entering the California direct access market in accordance with the language set forth in Ordering Paragraph 1 below.
3. There is no good reason to defer action on Corona's Petition until resolution of the rehearing issue in D.02-04-067.
4. UDCs should continue to process and execute new ESP/UDC Service Agreements.
5. UDCs should not be required to execute an ESP/UDC service agreement with Corona, allowing Corona to serve direct access customers in PG&E's and SDG&E's service territories.
IT IS ORDERED that:
The Petition for Modification of Decision 02-03-055 filed by the City of Corona is denied.
This order is effective today.
Dated , at San Francisco, California.
