4. Need for Expedited Consideration
Because March 31, 2001 is very close, we must expeditiously implement this continuation of the temporary suspension. Rule 77.7(f)(9) provides that we may reduce or waive the comment period due to public necessity. To do this, we must engage in a weighing of interests.1 We may reduce the comment period, and adopt a decision before expiration of the 30-day review and comment period, if such action clearly outweighs the public interest in having the full 30 days for review and comment.
If we do not act today, the temporary suspension adopted in D.00-10-066 will expire at the end of March 2001. Many customers may opt-out or change firm service level. The DD of Commissioner Wood finds that unconditional opt-out or change in firm service level is unreasonable, and, as such, would be contrary to the public welfare.
We must have a reasonable opportunity to consider Commissioner Wood's DD, and the possible harm to the public welfare of unconditional opt-out or change in firm service level. Moreover, we can identify minimal or little harm from extending the temporary suspension of the opt-out provision. In D.01-01-056, the Commission temporarily suspended the operation of each utilities' interruptible programs pending further action by the Commission. In large part, this suspension was also to give the Commission sufficient time to consider proposals made in this proceeding. Since existing interruptible customers are not currently required to curtail, due to the program's temporary suspension, they will not be subject to any immediate harm by a further extension in the suspension of the opt-out provision.
We have balanced the public interest in avoiding possible harm to public welfare by reducing the comment period against the public interest in having a full 30-day comment period. We conclude that the former clearly outweighs the latter. That is, we may eventually agree that unconditional opt-out or change in firm service level harms the public welfare. If so, the harm that would result from automatic expiration of the suspension on March 31, 2001, and our limited ability to later undo that unreasonable result, clearly outweighs the public interest in a full 30-day comment period.2
1. D.00-10-066 temporarily suspends until March 31, 2001 the portion of SCE's interruptible tariffs that allow some interruptible customers to either opt out of the interruptible tariff, or change their firm service level.
2. Temporarily suspending the opt-out provisions until March 31, 2001 was intended to allow sufficient time for the Commission to examine its existing and proposed programs in greater detail.
3. DD of Commissioner Wood was filed and served on March 16, 2001.
4. The DD adopts conditions for the reinstatement in SCE's tariffs of the opt-out or change in firm service level provision.
5. The DD of Commissioner Wood finds that unconditional opt-out or change in firm service level is unreasonable, and, as such, would be contrary to the public welfare.
6. Reducing the 30-day comment period so that harm to the public welfare of unconditional opt-out or change in firm service level may be avoided clearly outweighs the public interest in a full 30-day comment period.
1. The limited, temporary suspension adopted in D.00-10-066 of the portion of SCE's interruptible tariffs that allow some interruptible customers to either opt out of the interruptible program, or change their firm service level, should be continued.
2. The temporary suspension should be continued until the Commission considers and decides whether or not re-instating opt-out and firm service level changes should be subject to conditions.
3. This order should be effective today to permit continuation of the suspension of opt-out and firm service level change without interruption.
IT IS ORDERED that the portions of the Southern California Edison Company interruptible tariffs which allow interruptible customers to either opt-out of the interruptible program, or change firm service level, that were suspended by Decision 00-10-066 until March 31, 2001, shall continue to be suspended. The suspension shall continue until the Commission issues a decision in Phase 1 addressing Summer 2001 issues, including continuation, modification or cancellation of the suspension of these tariff provisions.
This order is effective today.
Dated , at San Francisco, California.
1 Rule 77.7(f)(9) provides in relevant part: "[t]he Commission may reduce or waive the period for public review and comment...for a decision where the Commission determines...that public necessity requires reduction or waiver of the 30-day comment period for public review and comment. For purposes of this subsection, `public necessity' refers to circumstances in which the public interest in the Commission adopting a decision before expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period for review and comment. `Public necessity' includes, without limitation, circumstances where failure to adopt a decision before expiration of the 30-day review and comment period...would cause significant harm to public health or welfare. When acting pursuant to this subsection, the Commission will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver."2 This item was originally before the Commission as Item 6 on February 8, 2001, and has been held to subsequent agendas. Thus, the matter does not need to come before the Commission by using Government Code Section 11125.3(a) regarding matters not appearing on a posted agenda.
