4. Comments on Draft Decision
On _____, the draft decision of Assigned Commissioner and Presiding Officer Wood on this matter was mailed to parties in accordance with Section 311(g)(3) of the Pub. Util. Code and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ______, and reply comments were filed on _____.
1. Many customers continue to press for exemption from rotating outages for Summer 2001.
2. The extraordinary circumstance of alleviating unacceptable jeopardy or imminent danger to the general public health and safety during the summer of 2001 from any rotating outages justifies the expedited contracting for consultant or advisory services.
3. Exemption of customers from rotating outages reduces the pool of candidate customers for rotating outages, and increases the potential frequency and duration of rotating outages experienced by the remaining customers in the candidate pool.
4. Maintenance of a reasonable pool of customers available for rotating outages is vital to have rotating outages as a tool in protecting the state from widespread system collapse when demand otherwise exceeds supply.
5. The existing justification for customer eligibility as an essential customer is almost exclusively related to public health and safety.
6. Even for a customer whose activities affect public health and safety, there may be means other than exemption from rotating outages that will protect public health and safety.
7. Notice of an amendment to D.01-04-006 was provided by the filing and service of a Draft Decision with the proposed amendment, upon which parties were invited to file and serve comments and reply comments.
8. The public interest in quickly amending D.01-04-006 so that consideration may be given to exemption of additional customers for Summer 2001 outweighs the public interest in a full 30-day public review and comment of the proposed amendment.
1. Pub. Util. Code Section 1708 permits the Commission to amend an order or decision upon notice to parties, with the opportunity for parties to be heard.
2. The Commission should be responsive to pending and new requests for exemption from rotating outages.
3. Public health and safety is the most vital and reasonable criterion to consider, and should be used, in assessing whether or not any other customers should be added to the list of essential customers.
4. Petitioners should be required to demonstrate that inclusion of the customer in a rotating outage presents unacceptable jeopardy, or imminent danger, to public health and safety beyond economic hardship or inconvenience to the customer.
5. In making these finding, we have determined than an extraordinary circumstance exists that justifies expedited contracting for consultant or advisory services, consistent with Public Utilities Code § 632.
6. The period for public review and comment on the proposed amendment to D.01-04-006 should be reduced, pursuant to Rule 77.7(f)(9).
7. This order should be effective today so that any potential threat to public health and safety can be addressed immediately.
IT IS ORDERED that the Priority System for Rotating Outages is amended by adding Item 1.M to the list of Essential Customers:
"M. Limited other customers as necessary to protect public health and safety, to the extent exempted by the Commission."
The amended Priority System for Rotating Outages is contained in Attachment A. This rulemaking remains open.
This order is effective today.
Dated , at San Francisco, California.
ATTACHMENT A
ATTACHMENT A
AMENDED
ADOPTED PRIORITY SYSTEM
FOR ROTATING OUTAGES
(Amended Attachment C to D.01-04-006)
1. Essential Customers - Normally Exempt from Rotating Outages
A. Government and other agencies providing essential fire, police, and prison services.
B. Government agencies essential to the national defense.
C. Hospitals.
D. Communication utilities, as they relate to public health, welfare and security, including telephones.
E. Navigation communication, traffic control, and landing and departure facilities for commercial air and sea operations.
F. Electric utility facilities and supporting fuel and fuel transportation services critical to continuity of electric power system operation.
G. Radio and television broadcasting stations used for broadcasting emergency messages, instructions, and other public information related to the electric curtailment emergency.
H. Water and sewage treatment utilities may request partial or complete rotating outage exemption from electric utilities in times of emergency identified as requiring their service, such as fire fighting.
I. Areas served by networks, at serving utility's discretion.
J. Rail rapid transit systems as necessary to protect public safety, to the extent exempted by the Commission.
K. Customers served at transmission voltages to the extent that (a) they supply power to the grid in excess of their load at the time of the rotating outage, or (b) their inclusion in rotating outages would jeopardize system integrity.
L. Optional Binding Mandatory Curtailment Program (OBMC): Any customer, or customers, meeting the following criteria.
The customer must file an acceptable binding energy and load curtailment plan with the utility. The customer must agree to curtail electric use on the entire circuit by the amount being achieved via rotating outages. The customer's plan must show how reduction on the entire circuit can be achieved in 5 percent increments to the 15 percent level, and show how compliance can be monitored and enforced. The customer must maintain the required reduction during the entire rotating outage period. The required curtailment level is requested prior to commencement of Stage 3. Several customers on a circuit may file a joint binding plan to guarantee the required curtailment from the entire circuit. Each utility shall facilitate communication between customers on a circuit if any customer expresses interest in enrolling in the OBMC program.
Note: Protection cannot be guaranteed because daily circuit switching may temporarily change a customer's outage block and priority classification.
M. Limited other customers as necessary to protect public health and safety, to the extent exempted by the Commission.
2. Outage Notification
A. Life Support and Critical Care
Life support and critical care customers shall be notified by recorded or other message of a rotating outage to which they will be affected. The call is not required until a rotating outage is imminent. Utilities must undertake their best efforts to inform these customers.
B. Large Customers, Economic Damage Customers, and Danger to Health and Safety
As circumstances permit, individual warning of rotating outages will be given to large customers having demand of 300 kW or more. It will also be given to other customers upon their showing to the utility of major economic damage, or clear and imminent danger to personal health or safety. Individual timely warning can not be guaranteed, however, because of time, manpower, or communication limits, or due to daily circuit switching which may temporarily change a customer's outage block number.
C. All Other Customers
Warning and other relevant information may be provided by mass media, with no special treatment or individual notification generally given.
(END OF ATTACHMENT A)
