Comments on Draft Decision

The draft decision of the ALJ in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed ______________.

Findings of Fact

1. D.03-06-071 initiated the implementation of the RPS program for the three large investor-owned utilities.

2. The investor-owned utilities are electrical corporations for purposes of the RPS statute.

3. The Energy Action Plan requires electrical corporations to reach 20% renewable generation by 2010.

4. The RPS statute states that, for purposes of the RPS program, ESPs and CCAs are subject to the same terms and conditions applicable to an electrical corporation.

5. Small and multi-jurisdictional utilities are electrical corporations for purposes of the RPS statute.

6. D.03-06-071 distinguished between power purchase contracts that required the use of PGC funds and those that did not require the use of PGC funds.

7. D.03-06-071 held that power purchase contracts that did not require the use of PGC funds required less oversight over contracting practices.

8. Procurement entities or other third party intermediaries may facilitate the procurement of renewable generation contracts by ESPs and CCAs.

Conclusions of Law

9. ESPs and CCAs should be treated identically to the investor-owned utilities for purposes of the RPS program.

10. Small and multi-jurisdictional utilities should be treated identically to the larger investor-owned utilities for purposes of the RPS program.

11. ESPs and CCAs should be required to meet the Energy Action Plan's 2010 deadline.

12. Small and multi-jurisdictional utilities should be required to meet the Energy Action Plan's 2010 deadline.

13. ESPs and CCAs that do not use PGC funds should be treated differently from those that do use PGC funds.

14. The use of procurement entities or other third party intermediaries should be explored further to see if they can facilitate the procurement of renewable generation by ESPs and CCAs.

ORDER

IT IS ORDERED that:

15. For purposes of the Renewables Portfolio Standards (RPS) program, Energy Service Providers (ESPs) and Community Choice Aggregators (CCAs) are to be treated identically to the investor-owned utilities.

16. For purposes of the RPS program, small and multi-jurisdictional utilities are to be treated identically to the larger investor-owned utilities.

17. ESPs and CCAs are required to meet the Energy Action Plan's 2010 deadline.

18. Small and multi-jurisdictional utilities are required to meet the Energy Action Plan's 2010 deadline.

19. ESPs and CCAs that do not use Public Goods Charge (PGC) funds are subject to fewer requirements than those that do use PGC funds, as described above.

20. We will further explore the potential use of procurement entities or other third party intermediaries to facilitate the procurement of renewable generation by ESPs and CCAs.

21. The Assigned Commissioner and Administrative Law Judges may make such rulings as necessary to manage this proceeding consistent with this decision.

This order is effective today.

Dated , at San Francisco, California.