STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
December 27, 2005 Agenda ID #5222
Ratesetting
TO: PARTIES OF RECORD IN RULEMAKING 01-10-024
This is the proposed decision of Administrative Law Judge (ALJ) Brown, previously designated as the principal hearing officer in this proceeding. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed. This matter was categorized as ratesetting and is subject to Pub. Util. Code § 1701.3(c). Pursuant to Resolution ALJ-180 a Ratesetting Deliberative Meeting to consider this matter may be held upon the request of any Commissioner. If that occurs, the Commission will prepare and mail an agenda for the Ratesetting Deliberative Meeting 10 days before hand. When an RDM is held, there is a related ex parte communications prohibition period.
The Commission may act at the regular meeting, or it may postpone action until later. If action is postponed, the Commission will announce whether and when there will be a further prohibition on communications.
When the Commission acts on the proposed decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.
Parties to the proceeding may file comments on the proposed decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.
/s/ STEVEN KOTZ for ANGELA K. MINKIN
Angela K. Minkin, Chief
Administrative Law Judge
ANG:jva
Attachment
ALJ/CAB/eap DRAFT Agenda ID #5222
Ratesetting
Decision PROPOSED DECISION OF ALJ BROWN (Mailed 12/27/2005)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to Establish Policies and Cost Recovery Mechanisms for Generation Procurement and Renewable Resource Development. |
Rulemaking 01-10-024 |
OPINION ON REHEARING ON SAN DIEGO GAS & ELECTRIC
COMPANY'S APPLICATION FOR APPROVAL FOR THE
OTAY MESA GENERATING PLANT
I. Summary
This decision on rehearing grants the application of San Diego Gas & Electric Company (SDG&E) for approval to enter into a ten-year power purchase agreement (PPA) with Calpine Corporation (Calpine)1 for electric power from the Otay Mesa Energy Center (OMEC).2
1 Calpine testimony clarified that the PPA would be with Otay Mesa Energy Center, LLC, a wholly-owned subsidiary of Calpine. Schleimer testimony, Exhibit 23, p. 1.
2 The electric generating facility that Calpine proposes to build and that is the subject of this rehearing has been referred to by numerous names, including the Otay Mesa Generating Plant. In order to clearly distinguish the generating facility from the recently approved Otay Mesa transmission project, we will refer to the plant as the Otay Mesa Energy Center (OMEC) in this decision.
