PG&E Emergency Motion

On January 10, 2001, PG&E filed an Emergency Motion to stay D.99-11-025 and implement a moratorium on the ability of QFs to switch to PX pricing. On January 11, 2001, Commissioner Wood issued a ruling implementing a temporary moratorium on switching effective on the date of the ruling. We have not yet addressed the merits of PG&E's motion, but in order to preserve the status quo, we affirm and continue the temporary moratorium on QF's ability to switch until we have addressed the petition on its merits.

PG&E also asks that we "true-up payments made to switching QFs since June 2000 to its Transition Formula prices or, in the alternative, to PX-based rates capped at $67.45 per megawatt-hour (MWh), and provisionally return switching QFs to Transition Formula rates going forward or, in the alternative, establish a going-forward Transition price for PX-based energy payments to switching QFs of $67.45/MWh." (PG&E Motion, p. 2.) PG&E argues that the December 15 FERC Order, which eliminates the mandatory buy/sell requirement and repeals the PX tariff, effectively renders implementation of Section 390(c) unworkable and thus we must revisit the provisions of D.99-11-025 in any event. We will not make a determination on the merits of this request without further briefing by parties, but we will adopt a cap on payments to switching QFs of $ 79/MWh, consistent with the Consumer Transition Price (CTP).