IV. Comments on Draft Decision

Generally, we issue draft decisions for comment and review pursuant to Section 311(g)(1), which requires that the draft decision be subject to at least 30 days of public review and comment prior to Commission action. However, pursuant to Section 311(g)(3) and Rule 77.7(f)(9) the Commission may waive the 30-day period if required by public necessity. In this case, we find that public necessity requires that we promptly act on the effective date of suspension of direct access, as well as issues associated with implementing such suspension. We therefore reduce the 30-day period for public review and comment. Comments shall be filed and served by February 1, 2002. Parties should ensure that the ALJ is served by electronic mail at rab@cpuc.ca.gov.

Findings of Fact14

1. DWR has submitted to us, pursuant to its authority under Water Code § 80110, a revenue requirement of $10.003 billion for the three major California utilities, covering the period January 2001 through December 2002.

2. Timely implementation of DWR's revenue requirement cost recovery is necessary to support the sale of bonds as prescribed under California Water Code § 80130.

3. Up until the present time, DWR has been relying on interim borrowings as its funding source pending the sale of bonds, currently expected to occur in the second quarter of 2002.

4. DWR's revenue requirement represents the amounts to be collected from customers in the service territories of the three major electric utilities covering the 2001-2002 time period, after deducting the proceeds from interim loans.

5. Pursuant to a FERC Order issued on November 7, 2001, the ISO sent $956 million in invoices to DWR for transactions with third party power suppliers for the period January 17 through July 31, 2001.

6. The sales that DWR has presented in its revenue requirement model for purposes of computing charges for remittance purposes do not include sales to direct access customers.

7. DWR's contracts have served to stabilize the power market, to the benefit of all California ratepayers.

8. The DWR cents per kWh charges are computed by dividing the allocated DWR revenue requirement assigned to each utility's service territory by the applicable kWh sales to the utility's bundled customers provided by DWR.

9. Between July 1, 2001 and September 20, 2001, approximately 11% of the total electric load of the utilities has shifted from bundled service to direct access service. This shift means that 11% of $18 billion ($1.98 billion) will become the obligation of the remaining bundled customers of the utilities should direct access suspension remain September 20. This result puts bundled customers at a disadvantage and is unfair, unreasonable, and violates Water Code §§ 80002.5 and 80104.

10. By the second quarter of 2001, the direct access load in SCE's service territory had dropped to less than 1% of SCE's load from a high of 14.8% in December 1999. In June 2001, the direct access load was 1%; by July 31, it reached 3.1%; by October it reached 11.6%.

11. In December 2000, PG&E's direct access load was 11.3% of its total load. In the period January 2001 to June 2001, the direct access load was reduced to 1.3% of total load. By October 2001 direct access load had reached 12% of total load and is expected to go as high as 16% when all pending DASRs are processed.

12. As of November 2001, 50% of SDG&E's largest customers take direct access service, accounting for 19.4% of its total load.

13. DWR has based its revenue requirement forecast on its estimate that 11% of total load has left bundled service since July 1, 2001. The UDCs have made a similar estimate. These estimates are reasonable and are adopted.

14. The cost shift of fixed overheads is $187,000,000 over two years ($1.7 billion x .11 = $187 million). This $187 million does not include the avoided responsibility for the excess costs portion of $5.2 billion in DWR contracts.

15. There are out-of-pocket costs, which have been incurred by DWR for electricity purchases since January 17, 2001, which have yet to be reflected on customers' bills. This uncollected amount is currently estimated to be approximately $8.5 billion. (This is expected to be financed through the issuance of DWR's revenue bonds.) Should 11% of customer load leave the system through direct access, the uncollected amount must be borne by the 89% of customer load remaining; an incremental $935 million (i.e., 11% of the $8.5 billion currently uncollected), as well as associated financing costs.

16. Direct access customers benefited when DWR entered into long-term contracts: the spot price of electricity came down below DWR contract prices, making ESP contracts attractive, and a safety net of a return to UDC service was provided should spot prices again run wild.

17. We choose July 1 because the showing in this proceeding is that 11% of electric load has shifted from the UDC retail load to direct access load during the period July 1 through September 20, resulting in an immediate cost shift of over $187 million dollars to be recovered from the remaining retail end use customers. This cost shift does not include the anticipated cost shift of $935 million that will occur when DWR issues $8.5 billion in bonds, to be repaid by bundled customers.

18. To permit the September 20 date to stand is unfair to all bundled customers. It permits a fortuitous group of customers to benefit and at the same time avoid the cost of that benefaction.

19. The highlighted sections under "Implementation of the Suspension of Direct Access" are reasonable and adopted.

Conclusions of Law

1. Direct access contracts executed after June 30, 2001, are suspended until DWR no longer supplies power under AB1X, Stats. 2001 (1st Extraordinary Session), ch. 4 (Water Code §§ 80000 et seq.).

2. Direct access contracts executed prior to July 1, 2001, pursuant to which electricity flowed prior to July 1, 2001, are not suspended, but are subject to the implementation restrictions imposed by this decision, until DWR no longer supplies power under AB1X, Stats. 2001 (1st Extraordinary Session), ch. 4 (Water Code §§ 80000 et seq.)

3. The action that we take today in regard to direct access follows the same statutory scheme enacted in response to emergency conditions confronting California's major electric utilities and their customers.

4. For the purposes of this decision we are concerned (as was the Legislature) with the shift in costs as direct access customers leave the system.

5. Given the changes in various draft decisions, the specific reservation of authority to change the suspension date, the prior decisions of the Commission reserving the right to modify the terms and conditions of direct access, electric customers were on notice that they could not rely on a permanent September 20 suspension date.

6. To comply with legislative intent, to fulfill the purpose of the applicable statutes, to form the broadest base upon which to build the repayment structure required to meet the DWR revenue requirement, to prevent a significant cost shift of over $187 million dollars between now and December 31, 2002, and to assure that charges are just and reasonable, we modify the date of suspension of direct access from September 20, 2001; direct access is suspended as of July 1, 2001.

7. AB1X provided for the Commission to suspend direct access in recognition of the fact that DWR would be entering into long-term contracts and that bundled customers must pay the bill.

8. In regard to the issue of modification of the suspension date of direct access, D.97-10-087 is specific and clear. It holds that the Commission has exclusive jurisdiction to resolve interpretations of, modification of, or compliance with any of the direct access tariff provisions or the ESP-UDC service agreement.

9. In regard to direct access D.97-10-087 provided that the ESP was subject to the UDCs tariffs and our jurisdiction.

10. Direct access is authorized by statute, implemented by Commission decisions, and binds ESPs and UDC customers alike through Commission approved terms and UDC tariffs, both of which specifically provide for modification by the Commission.

11. To permit direct access customers to avoid payment of the DWR revenue requirement is unreasonable and discriminatory.

12. The reservation in D.01-09-060 of the Commission's intent to consider reverting the suspension to a date earlier than September 20, with July 1 being the likely date, was clear to all parties.

13. Our purpose in choosing a suspension date is to obey the legislative direction and fix the time at which direct access and the direct access provisions of contracts are suspended "until the department no longer supplies power hereunder." (Water Code § 80110.)

14. The implementation provisions we set forth in this decision are reasonable, consistent with our action in suspending direct access as of July 1, 2001, and protect bundled customers

15. This decision is made effective today to allow the suspension provisions to be implemented expeditiously. Thus, it is reasonable to reduce the period for comment and review of the draft decision, pursuant to Rule 77.7(f)(9).

ORDER

IT IS ORDERED that:

1. This order shall apply to Southern California Edison Company (SCE). Pacific Gas and Electric Company (PG&E), and San Diego Gas & Electric Company (SDG&E).

2. The execution of any new contracts, or the entering into, or the verification of any new arrangements for direct access service pursuant to Public Utilities Code Sections 366 or 366.5, after June 30, 2001, is prohibited.

3. SCE, PG&E, and SDG&E shall implement the conditions set forth in this decision which affect those direct access contracts not suspended.

4. SCE, PG&E, and SDG&E shall not accept any direct access service requests for any contracts executed or agreements entered into after June 30, 2001.

5. SCE, PG&E, and SDG&E shall notify their customers that the right of retail end users to acquire direct access service from other providers, except the Department of Water Resources, is suspended effective July 1, 2001.

6. SCE, PG&E, and SDG&E shall modify any information disseminated to customers that describes direct access service, subject to review by the Public Advisor's office and Energy Division, to explain that the right to acquire direct access service has been suspended.

7. Within 14 days of the effective date of this order, SCE, PG&E, and SDG&E by letter, shall inform the Director of the Energy Division of the steps they have taken to ensure that no direct access service requests are accepted for any contracts executed or agreements entered into after June 30, 2001.

8. SCE, PG&E, and SDG&E shall within 90 days after the effective date of this order, terminate all direct access contracts not in conformity with this order.

9. This Rulemaking is closed.

This order is effective today.

Dated , at San Francisco, California.

Appendix A

Table 1

DWR Revenue Requirement

For the Period January 17, 2001 through December 31, 2002

($000s)

                                     

Quarter

Retail Sales (GWhs)

A&G

Other

DSM

Contract Power

Residual Net Short

Ancillary Services

Total Commitments

(Lag) Lead Accrual to Cash

Total Operating Expenditures

Financing Cost

Total Expenditures

Revenue Lead (Lag)

Spot Sales Revenue

Estimated Quarterly Fund Balance

Total DWR Revenues Needed

Net Borrowed Proceeds

Customer Revenue Requirement

   

A

B

C

D

E

F

G

(Sum of A thru F)

H

I

(= G + H)

J

K

(= I + J)

L

M

N

O

(=K - L -M + N)

P

Q

(=O - P)

                                     

Q1, 2001

12,360

7,848

-

-

-

3,581,465

367,847

3,957,160

(1,619,382)

2,337,778

-

2,337,778

(544,097)

-

293,176

3,175,051

2,400,000

775,051

Q2, 2001

19,620

10,162

-

482

627,601

3,884,229

419,215

4,941,690

6,302

4,947,991

-

4,947,991

(1,030,866)

-

4,239,624

9,925,305

7,908,729

2,016,576

Q3, 2001

16,054

11,346

3,734

226,446

888,404

1,135,727

57,667

2,323,324

(55,479)

2,267,845

(10,481)

2,257,364

(329,133)

-

3,182,822

1,529,696

(116,300)

1,645,996

Q4, 2001

10,365

8,998

4,008

61,968

670,470

248,590

43,889

1,037,923

550,427

1,588,350

-

1,588,350

223,483

20,884

2,963,069

1,124,230

-

1,124,230

Q1, 2002

9,313

15,104

3,667

-

652,644

169,756

51,551

892,722

1,543,844

2,436,567

(45,976)

2,390,591

879,565

24,819

2,499,879

1,023,017

-

1,023,017

Q2, 2002

7,957

15,104

3,211

-

665,651

129,830

42,678

856,474

(19,771)

836,703

471,932

1,308,635

20,355

39,279

2,128,890

878,012

-

878,012

Q3, 2002

12,312

15,104

4,895

-

946,735

220,184

64,080

1,250,998

(25,251)

1,225,748

400,807

1,626,555

(257,440)

45,879

1,643,471

1,352,697

-

1,352,697

Q4, 2002

10,812

15,104

4,249

-

832,758

164,417

54,752

1,071,280

20,493

1,091,773

464,959

1,556,732

194,995

26,043

1,495,658

1,187,882

-

1,187,882

                                     

Total

98,793

98,771

23,764

288,896

5,284,264

9,534,199

1,101,678

16,331,571

401,184

16,732,755

1,281,242

18,013,997

(843,139)

156,903

 

20,195,890

10,192,429

10,003,461

Notes

(END OF APPENDIX A)

Appendix B

(Page 1)

Water Code Sections

80000. The Legislature hereby finds and declares all of the

following:

(a) The furnishing of reliable reasonably priced electric service

is essential for the safety, health, and well-being of the people of

California. A number of factors have resulted in a rapid, unforeseen

shortage of electric power and energy available in the state and

rapid and substantial increases in wholesale energy costs and retail

energy rates, with statewide impact, to such a degree that it

constitutes an immediate peril to the health, safety, life and

property of the inhabitants of the state, and the public interest,

welfare, convenience and necessity require the state to participate

in markets for the purchase and sale of power and energy.

(b) In order for the department to adequately and expeditiously

undertake and administer the critical responsibilities established in

this division, it must be able to obtain, in a timely manner,

additional and sufficient personnel with the requisite expertise and

experience in energy marketing, energy scheduling, and accounting.

80002.5. It is the intent of the Legislature that power acquired by

the department under this division shall be sold to all retail end

use customers being served by electrical corporations, and may be

sold, to the extent practicable, as determined by the department, to

those local publicly owned electric utilities requesting such power.

Power sold by the department to retail end use customers shall be

allocated pro rata among all classes of customers to the extent

practicable.

80104. Upon the delivery of power to them, the retail end use

customers shall be deemed to have purchased that power from the

department. Payment for any sale shall be a direct obligation of the

retail end use customer to the department.

80108. The commission may issue rules regulating the enforcement of

the agency function pursuant this division, including collection and

payment to the department.

Appendix B

(Page 2)

80110. The department shall retain title to all power sold by it to

the retail end use customers. The department shall be entitled to

recover, as a revenue requirement, amounts and at the times necessary

to enable it to comply with Section 80134, and shall advise the

commission as the department determines to be appropriate. Such

revenue requirements may also include any advances made to the

department hereunder or hereafter for purposes of this division, or

from the Department of Water Resources Electric Power Fund, and

General Fund moneys expended by the department pursuant to the

Governor's Emergency Proclamation dated January 17, 2001. For

purposes of this division and except as otherwise provided in this

section, the Public Utility Commission's authority as set forth in

Section 451 of the Public Utilities Code shall apply, except any just

and reasonable review under Section 451 shall be conducted and

determined by the department. The commission may enter into an

agreement with the department with respect to charges under Section

451 for purposes of this division, and that agreement shall have the

force and effect of a financing order adopted in accordance with

Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of

Division 1 of the Public Utilities Code, as determined by the

commission. In no case shall the commission increase the electricity

charges in effect on the date that the act that adds this section

becomes effective for residential customers for existing baseline

quantities or usage by those customers of up to 130 percent of

existing baseline quantities, until such time as the department has

recovered the costs of power it has procured for the electrical

corporation's retail end use customers as provided in this division.

After the passage of such period of time after the effective date of

this section as shall be determined by the commission, the right of

retail end use customers pursuant to Article 6 (commencing with

Section 360) of Chapter 2.3 of Part 1 of Division 1 of the Public

Utilities Code to acquire service from other providers shall be

suspended until the department no longer supplies power hereunder.

The department shall have the same rights with respect to the payment

by retail end use customers for power sold by the department as do

providers of power to such customers.

Appendix B

(Page 3)

80130. The department may incur indebtedness and issue bonds as

evidence thereof, provided that bonds may not be issued in an amount

the debt service on which, to the extent payable from the fund, is

estimated by the department to exceed the amounts estimated to be

available in the fund for their payment. The department may

authorize the issuance of bonds (excluding notes issued in

anticipation of the issuance of bonds and retired from the proceeds

of those bonds) in an aggregate amount up to the greater of thirteen

billion four hundred twenty-three million dollars ($13,423,000,000)

or the amount calculated by multiplying by a factor of four the

annual revenues generated by the California Procurement Adjustment,

as determined by the commission pursuant to Section 360.5 of the

Public Utilities Code; provided, such aggregate amount shall not

exceed thirteen billion four hundred twenty-three million dollars

($13,423,000,000). Nothing in this section shall prohibit the

department from issuing bonds prior to the effective date of this

bill based upon the authorization granted to the department by the

provisions of Chapter 4 of the Statutes of 2001-02 First

Extraordinary Session. Refunding of bonds to obtain a lower interest

rate shall not be included in the calculation of the aggregate

amount. In addition, before the issuance of bonds in a public

offering, the department shall establish a mechanism to ensure that

the bonds will be sold at investment grade ratings and repaid on a

timely basis from pledged revenues. This mechanism may include, but

is not limited to, an agreement between the department and the

commission as described in Section 80110.

Appendix B

(Page 4)

80134. (a) The department shall, and in any obligation entered into

pursuant to this division may covenant to, at least annually, and

more frequently as required, establish and revise revenue

requirements sufficient, together with any moneys on deposit in the

fund, to provide all of the following:

(1) The amounts necessary to pay the principal of and premium, if

any, and interest on all bonds as and when the same shall become due.

(2) The amounts necessary to pay for power purchased by it and to

deliver it to purchasers, including the cost of electric power and

transmission, scheduling, and other related expenses incurred by the

department, or to make payments under any other contracts,

agreements, or obligations entered into by it pursuant hereto, in the

amounts and at the times the same shall become due.

(3) Reserves in such amount as may be determined by the department

from time to time to be necessary or desirable.

(4) The pooled money investment rate on funds advanced for

electric power purchases prior to the receipt of payment for those

purchases by the purchasing entity.

(5) Repayment to the General Fund of appropriations made to the

fund pursuant hereto or hereafter for purposes of this division,

appropriations made to the Department of Water Resources Electric

Power Fund, and General Fund moneys expended by the department

pursuant to the Governor's Emergency Proclamation dated January 17,

2001.

(6) The administrative costs of the department incurred in

administering this division.

(b) The department shall notify the commission of its revenue

requirement pursuant to Section 80110.

(END OF APPENDIX B)

Appendix C

Appearance

JAMES H. BUTZ KEITH R. MCCREA

AIR PRODUCTS AND CHEMICALS, INC. ATTORNEY AT LAW

7201 HAMILTON BLVD. SUTHERLAND, ASBILL & BRENNAN LLP

ALLENTOWN, PA 18195 1275 PENNSYLVANIA AVENUE, NW

WASHINGTON, DC 20004-2415

KAY DAVOODI MAURICE BRUBAKER

1314 HARWOOD STREET SE BRUBAKER & ASSOCIATES

WASHINGTON NAVY YARD, DC 20374-5018 1215 FERN RIDGE PARKWAY, STE. 208

ST. LOUIS, MO 63141-2000

MERILYN FERRARA CHARLES MIESSNER

ARIZONA PUBLIC SERVICE NEW WEST ENERGY

400 N 5TH ST. PO BOX 61868

PHOENIX, AZ 85004 PHOENIX, AZ 85082

NORMAN A. PEDERSEN KEVIN R. MCSPADDEN

ATTORNEY AT LAW ATTORNEY AT LAW

JONES DAY REAVIS & POGUE MILBANK TWEED HADLEY & MCCLOY

555 WEST FIFTH ST., STE. 4600 601 SOUTH FIGUEROA, 30TH FLOOR

LOS ANGELES, CA 90013-1025 LOS ANGELES, CA 90017

STEVEN P. RUSCH LISA URICK

STOCKER RESOURCES, INC. ATTORNEY AT LAW

5640 S. FAIRFAX MANATT, PHELPS & PHILLIPS

LOS ANGELES, CA 90056 11355 WEST OLYMPIC BLVD.

LOS ANGELES, CA 90064

LISA URICK ANDREW M. GILFORD

ATTORNEY AT LAW ATTORNEY AT LAW

MANATT, PHELPS & PHILLIPS WESTON, BENSHOOF, ET AL

11355 WEST OLYMPIC BLVD. 333 SOUTH HOPE STREET, 16TH FLOOR

LOS ANGELES, CA 90064 LOS ANGELES, CA 90071

CHRIS WILLIAMSON EDWARD WHELESS

BREITBURN ENERGY COMPANY, LLC LOS ANGELES COUNTY SANITATION DISTRICTS

515 S. FLOWER STREET, SUITE 4800 1955 WORKMAN MILL ROAD

LOS ANGELES, CA 90071 WHITTIER, CA 90607

DANIEL W. DOUGLASS BETH A. FOX

ATTORNEY AT LAW ATTORNEY AT LAW

LAW OFFICES OF DANIEL W. DOUGLASS SOUTHERN CALIFORNIA EDISON COMPANY

5959 TOPANGA CANYON BLVD., STE 244 2244 WALNUT GROVE AVENUE, RM. 535

WOODLAND HILLS, CA 91367 ROSEMEAD, CA 91770

JENNIFER TSAO JAMES P. SHOTWELL

ATTORNEY AT LAW ATTORNEY AT LAW

SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY

2244 WALNUT GROVE AVENUE 2244 WALNUT GROVE AVE., ROOM 337

ROSEMEAD, CA 91770 ROSEMEAD, CA 91770-0001

JEFFREY M. PARROTT SHARON L. COHEN

ATTORNEY AT LAW ATTORNEY AT LAW

SAN DIEGO GAS & ELECTRIC COMPANY SEMPRA ENERGY

HQ-13 101 ASH STREET, NQ12

101 ASH STREET SAN DIEGO, CA 92101

SAN DIEGO, CA 92101

JOHN W. LESLIE MICHAEL SHAMES

ATTORNEY AT LAW ATTORNEY AT LAW

LUCE FORWARD HAMILTON & SCRIPPS, LLP UTILITY CONSUMERS' ACTION NETWORK

600 WEST BROADWAY, SUITE 2600 3100 FIFTH AVE., SUITE B

SAN DIEGO, CA 92101-3391 SAN DIEGO, CA 92103

PAUL A. SZYMANSKI ROSS CLARK

ATTORNEY AT LAW MOCK ENERGY SERVICES

SEMPRA ENERGY 18101 VON KARMAN AVE STE 1940

101 ASH STREET IRVINE, CA 92612

SAN DIEGO, CA 92129

KEITH E. MCCULLOUGH TODD W. BLISCHKE

ATTORNEY AT LAW ATTORNEY AT LAW

MCCORMICK,KIDMAN & BEHRENS MCCORMICK, KIDMAN & BEHRENS

695 TOWN CENTER DRIVE, SUITE 400 695 TOWN CENTER DRIVE, SUITE 400

COSTA MESA, CA 92626 COSTA MESA, CA 92626

JOHN A. BARTHROP MICHAEL G. NELSON

GENERAL COUNSEL ATTORNEY AT LAW

COMMONWEALTH ENERGY CORP. ELECTRICAMERICA

15901 RED HILL AVE., SUITE 100 15901 REDHILL AVENUE, SUITE 100

TUSTIN, CA 92780 TUSTIN, CA 92780

DAVID J. BYERS NORMAN J. FURUTA

ATTORNEY AT LAW ATTORNEY AT LAW

MCCRACKEN, BYERS & HAESLOOP DEPARTMENT OF THE NAVY

840 MALCOLM ROAD, SUITE 100 2001 JUNIPERO SERRA BLVD., SUITE 600

BURLINGAME, CA 94010 DALY CITY, CA 94014-1976

JAMES D. SQUERI MICHEL PETER FLORIO

ATTORNEY AT LAW ATTORNEY AT LAW

GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP THE UTILITY REFORM NETWORK

505 SANSOME STREET, SUITE 900 711 VAN NESS AVE., SUITE 350

SAN FRANCISCO, CA 94102 SAN FRANCISCO, CA 94102

ROBERT FINKELSTEIN JULIO RAMOS

ATTORNEY AT LAW CALIF PUBLIC UTILITIES COMMISSION

THE UTILITY REFORM NETWORK ROOM 5130

711 VAN NESS AVE., SUITE 350 505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102 SAN FRANCISCO, CA 94102-3214

ANNE C. SELTING CHRISTINE H. JUN

ATTORNEY AT LAW ATTORNEY AT LAW

GRUENEICH RESOURCE ADVOCATES ALCANTAR & KAHL LLP

582 MARKET STREET, SUITE 1020 120 MONTGOMERY STREET, STE 2200

SAN FRANCISCO, CA 94104 SAN FRANCISCO, CA 94104

CLYDE MURLEY EVELYN KAHL

GRUENEICH RESOURCE ADVOCATES ATTORNEY AT LAW

582 MARKET STREET, SUITE 1020 ALCANTAR & KAHL, LLP

SAN FRANCISCO, CA 94104 120 MONTGOMERY STREET, SUITE 2200

SAN FRANCISCO, CA 94104

JODY S. LONDON ADAM CHODOROW

GRUENEICH RESOURCE ADVOCATES PACIFIC GAS & ELECTRIC COMPANY

582 MARKET STREET, SUITE 1020 77 BEALE STREET, B30-A

SAN FRANCISCO, CA 94104 SAN FRANCISCO, CA 94105

CARL K. OSHIRO MARK R. HUFFMAN

ATTORNEY AT LAW ATTORNEY AT LAW

100 FIRST STREET, SUITE 2540 PACIFIC GAS AND ELECTRIC COMPANY

SAN FRANCISCO, CA 94105 77 BEALE STREET, ROOM 3133-B30A

SAN FRANCISCO, CA 94105

PETER W. HANSCHEN EDWARD G. POOLE

ATTORNEY AT LAW ATTORNEY AT LAW

MORRISON & FOERSTER LLP ANDERSON & POOLE

425 MARKET STREET 601 CALIFORNIA STREET, SUITE 1300

SAN FRANCISCO, CA 94105 SAN FRANCISCO, CA 94108-2818

ANGELA N. O'ROURKE BRIAN T. CRAGG

SQUIRE, SANDERS & DEMPSEY, LLP ATTORNEY AT LAW

ONE MARITIME PLAZA, SUITE 300 GOODIN, MACBRIDE, SQUERI, RITCHIE & DAY

SAN FRANCISCO, CA 94111 505 SANSOME STREET, NINTH FLOOR

SAN FRANCISCO, CA 94111

DANIEL J. GERALDI ROBERT B. GEX

ATTORNEY AT LAW ATTORNEY AT LAW

NOSSAMAN, GUTHNER, KNOW & ELLIOTT, LLP SKJERVEN,MORRILL,MACPHERSON,FRANKLIN&FRI

50 CALIFORNIA STREET, 34TH FLOOR THREE EMBARCADERO CENTER, SUITE 2800

SAN FRANCISCO, CA 94111 SAN FRANCISCO, CA 94111

MICHAEL B. DAY EDWARD W. O'NEILL

ATTORNEY AT LAW ATTORNEY AT LAW

GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP DAVIS WRIGHT TREMAINE, LLP

505 SANSOME STREET, SUITE 900 ONE EMBARCADERO CENTER, SUITE 600

SAN FRANCISCO, CA 94111-3133 SAN FRANCISCO, CA 94111-3834

MARTIN MATTES WILLIAM T. BAGLEY

ATTORNEY AT LAW ATTORNEY AT LAW

NOSSAMAN GUTHNER KNOX & ELLIOTT, LLP NOSSAMAN GUTHNER KNOX & ELLIOTT

50 CALIFORNIA STREET, 34TH FLOOR 50 CALIFORNIA STREET, 34TH FLOOR

SAN FRANCISCO, CA 94111-4799 SAN FRANCISCO, CA 94111-4799

PETER OUBORG WILLIAM H. BOOTH

ATTORNEY AT LAW ATTORNEY AT LAW

PACIFIC GAS AND ELECTRIC COMPANY LAW OFFICES OF WILLIAM H. BOOTH

PO BOX 7442, B30A 1500 NEWELL AVENUE, 5TH FLOOR

SAN FRANCISCO, CA 94120 WALNUT CREEK, CA 94596

MARCO GOMEZ REED V. SCHMIDT

ATTORNEY AT LAW BARTLE WELLS ASSOCIATES

BAY AREA RAPID TRANSIT DISTRICT 1889 ALCATRAZ AVENUE

800 MADISON STREET, 5TH FLOOR BERKELEY, CA 94703-2714

OAKLAND, CA 94607

BARBARA R. BARKOVICH C. SUSIE BERLIN

BARKOVICH AND YAP, INC. ATTORNEY AT LAW

31 EUCALYPTUS LANE 2105 HAMILTON AVENUE, SUITE 140

SAN RAFAEL, CA 94901 SAN JOSE, CA 95037

CHRISTOPHER J. MAYER ANN TROWBRIDGE

MODESTO IRRIGATION DISTRICT ATTORNEY AT LAW

PO BOX 4060 DOWNEY BRAND SEYMOUR & ROHWER

MODESTO, CA 95352-4060 555 CAPITOL MALL, 10TH FLOOR

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SCOTT BLAISING LON W. HOUSE

ATTORNEY AT LAW 4901 FLYING C ROAD

BRAUN & ASSOCIATES, P.C. CAMERON PARK, CA 95682-9615

8980 MOONEY ROAD

ELK GROVE, CA 95624

ANDREW BROWN BILL JULIAN

ATTORNEY AT LAW ATTORNEY AT LAW

ELLISON, SCHNEIDER & HARRIS, LLP 1127 ELEVENTH STREET, SUITE 226

2015 H STREET SACRAMENTO, CA 95814

SACRAMENTO, CA 95814

DAN L. CARROLL LYNN M. HAUG

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DOWNEY BRAND SEYMOUR & ROHWER, LLP ELLISON & SCHNEIDER

555 CAPITOL MALL, 10TH FLOOR 2015 H STREET

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ATTORNEY AT LAW ATTY AT LAW

DOWNEY, BRAND, SEYMOUR & ROHWER CA FARM BUREAU FEDERATION

555 CAPITOL MALL, 10TH FLOOR 2300 RIVER PLAZA DRIVE

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ATTORNEY AT LAW ATTORNEY AT LAW

CALIFORNIA FARM BUREAU FEDERATION ALCANTAR & KAHL LLP

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CHARLES C. READ RALPH SMITH

ATTORNEY AT LAW LARKIN & ASSOCIATES, INC.

STEPTOE & JOHNSON, LLP 15728 FARMINGTON ROAD

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WASHINGTON, DC 20036

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ENERGY MANAGEMENT SERVICES MANAGER REGULATORY AFFAIRS

848 EAST THIRD STREET NEW WEST ENERGY

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MANATT, PHELPS & PHILLIPS, LLP O'MELVENY & MYERS LLP

11355 WEST OLYMPIC BLVD. 400 SOUTH HOPE STREET

LOS ANGELES, CA 90064 LOS ANGELES, CA 90071

LYNN G. VAN WAGENEN MALCOLM M. MCCAY

SEMPRA ENERGY SEMPRA ENERGY REGULATORY AFFAIRS

101 ASH STREET 101 ASH STREET

SAN DIEGO, CA 92101 SAN DIEGO, CA 92101

JAMES E. HAY SETH THOMPSON

SEMPRA ENERGY LAGUNA IRRIGATION DISTRICT

101 ASH STREET C/O MCCORMICK KIDMAN & BEHRENS, LLP

SAN DIEGO, CA 92112 6905 TOWN CENTER DRIVE, STE 400

COSTA MESA, CA 92626-7187

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VICE PRESIDENT ATTORNEY AT LAW

CELLNET DATA SYSTEMS, INC. ADAMS BROADWELL JOSEPH & CARDOZO

125 SHOREWAY ROAD 651 GATEWAY BOULEVARD, SUITE 900

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SOUTHERN CALIFORNIA EDISON COMPANY SEMPRA ENERGY

601 VAN NESS AVENUE, SUITE 2040 601 VAN NESS AVENUE, SUITE 2060

SAN FRANCISCO, CA 94102 SAN FRANCISCO, CA 94102

DIAN M. GRUENEIH, J.D. MONA PATEL

GRUENEICH RESOURCE ADVOCATES BROWN & WOOD LLP

582 MARKET STREET, SUITE 102 555 CALIFORNIA STREET, 50TH FLOOR

SAN FRANCISCO, CA 94104 SAN FRANCISCO, CA 94104

JILL H. FELDMAN RONALD HELGENS

MORRISON & FORESTER LLP PACIFIC GAS AND ELECTRIC COMPANY

425 MARKET STREET 77 BEALE ST.

SAN FRANCISCO, CA 94105 SAN FRANCISCO, CA 94105

BRIAN F. CHASE JASON MIHOS

MORRISON & FORESTER LLP CALIFORNIA ENERGY MARKETS

425 MARKET ST. 9 ROSCOE

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9 ROSCOE STREET 9 ROSCOE STREET

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MBV LAW, LLP LEBOEUF LAMB GREENE & MACRAE LLP

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SARA STECK MYERS MICHAEL ROCHMAN

ATTORNEY AT LAW MANAGING DIRECTOR

122 28TH AVENUE SPURR

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SETH D. HILTON GORDON P. ERSPAMER

MORRISON & FOERSTER LLP ATTORNEY AT LAW

101 YGNACIO VALLEY ROAD, SUITE 450 MORRISON & FOERSTER

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JERRY LAHR ANDREW J. SKAFF

PROGRAM MANAGER ATTORNEY AT LAW

ABAG POWER ENERGY LAW GROUP, LLP

101 EIGHT STREET 1999 HARRISON ST., SUITE 2700

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DIANE I. FELLMAN ROBERT B. WEISENMILLER

ATTORNEY AT LAW PHD

ENERGY LAW GROUP, LLP MRW & ASSOCIATES, INC.

1999 HARRISON STREET, SUITE 2700 1999 HARRISON STREET, STE 1440

OAKLAND, CA 94612 OAKLAND, CA 94612-3517

CAROLYN KEHREIN DON WOLVEN

ENERGY MANAGEMENT SERVICES RESOURCE MANAGEMENT INTERNATIONAL,INC.

1505 DUNLAP COURT 3100 ZINFANDEL DRIVE, SUITE 600

DIXON, CA 95620-4208 RANCHO CORDOVA, CA 95670

KAREN CANN MAX MAYER

3100 ZINFANDEL DRIVE, SUITE 600 NAVIGANT CONSULTING, INC.

RANCHO CORDOVA, CA 95670-6026 3100 ZINFANDEL DRIVE, SUITE 600

RANCHO CORDOVA, CA 95670-6026

ROB ROTH STEVE MACAULAY

SACRAMENTO MUNICIPAL UTILITY DISTRICT CALIFORNIA DEPARTMENT OF WATER RESOURCES

6201 S STREET MS 75 3310 EL CAMINO AVENUE, SUITE 120

SACRAMENTO, CA 95817 SACRAMENTO, CA 95821

KAREN LINDH

LINDH & ASSOCIATES

7909 WALERGA ROAD, ROOM 112, PMB 119

ANTELOPE, CA 95843

State Service

MARIA E. STEVENS ANTHONY FEST

CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION

EXECUTIVE DIVISION MONOPOLY REGULATION BRANCH

320 WEST 4TH STREET SUITE 500 ROOM 4205

LOS ANGELES, CA 90013 505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3214

CHRISTOPHER J. BLUNT DONALD J. LAFRENZ

CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION

MARKET DEVELOPMENT BRANCH DECISION-MAKING SUPPORT BRANCH

ROOM 4101 AREA 4-A

505 VAN NESS AVENUE 505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3214 SAN FRANCISCO, CA 94102-3214

HELEN W. YEE MARIA VANKO

CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION

ROOM 5031 DECISION-MAKING SUPPORT BRANCH

505 VAN NESS AVENUE AREA 4-A

SAN FRANCISCO, CA 94102-3214 505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3214

OURANIA M. VLAHOS ROBERT A. BARNETT

CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION

ROOM 5037 DIVISION OF ADMINISTRATIVE LAW JUDGES

505 VAN NESS AVENUE ROOM 5008

SAN FRANCISCO, CA 94102-3214 505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3214

SALVADOR PEINADO, JR. WILLIAM H. RAYBURN

CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION

ANALYSIS BRANCH INVESTIGATION, MONITORING & COMPLIANCE B

AREA 4-A AREA 4-A

505 VAN NESS AVENUE 505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3214 SAN FRANCISCO, CA 94102-3214

FERNANDO DE LEON JOHN LARREA

ATTORNEY AT LAW CALIF PUBLIC UTILITIES COMMISSION

CALIFORNIA ENERGY COMMISSION EXECUTIVE DIVISION

1516 - 9TH STREET, MS-14 770 L STREET, SUITE 1050

SACRAMENTO, CA 95814 SACRAMENTO, CA 95814

(END OF APPENDIX C)

14 Findings of Fact 1-8 reflect Findings of Fact in D.02-02- .

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