V. Comment to the Draft Decision
The draft decision of Administrative Law Judge Econome was mailed to the parties in accordance with Pub. Util. Code § 311(g) (1) and Rule 77.7(f) (9). Pursuant to Rule 77.7(f) (9), we reduce the 30 day period for public review and comment because public necessity requires that we act on this matter as soon as possible. We have reduced the comment period so that comments should be filed no later than Monday, June 11, 2001.
1. The modifications Edison proposes in its petition, as modified in the ordering paragraphs, comply with AB1X-6.
2. The Commission does not base this decision on Edison's MOU with CDWR, nor does the Commission take a position on the MOU in this decision.
3. AB1X-6 was enacted in January 2001, and the Commission adopted the decision that Edison requests be modified (D.96-04-059) in 1996.
4. We do not address modifications of D.96-04-059 with respect to SDG&E at this time.
1. Under the recently enacted AB1X-6, the Commission is required to ensure that Edison's generating assets, including SONGS 2&3, "remain dedicated to service for the benefit of California ratepayers."
2. The modifications to D.96-04-059 set forth in the ordering paragraphs should be adopted.
3. This decision should be effective immediately in order to comply with AB1X-6 with respect to appropriate ratemaking treatment for Edison's post-2003 operations of SONGS 2&3 as soon as possible.
IT IS ORDERED that:
1. Southern California Edison Company's (Edison) May 4, 2001 Petition for Modification of Decision (D.) 96-04-059 is granted to the extent set forth in these ordering paragraphs.
2. Conclusion of Law 16 shall be added to D.96-04-059 as follows:
"16. We modify the joint proposal with respect to Edison to delete Section 4.4.3 and 4.4.6."
3. Conclusion of Law 17 shall be added to D.96-04-059 as follows:
"17. We modify Section 4.8.1 (a) of the joint proposal with respect to Edison to read as follows: `All nuclear decommissioning costs.' "
4. Conclusion of Law 18 shall be added to D.96-04-059 as follows:
"18. We modify Section 4.8.5 of the joint proposal with respect to Edison to read as follows: `Nothing in this Proposal will preclude Edison from requesting that it be permitted to recover at any time (a) any assessments or retrospective premiums under the Nuclear Regulatory Commission (`NRC') Secondary Financial Protection Program, or the Master Worker Liability coverage with ANI/MAELU associated with incidents or exposures at any location [footnote 28 of the joint proposal is inserted here] or relating to SONGS 2&3 nuclear plant decommissioning, or (b) any costs associated with claims by workers and/or third parties including, but not limited to, allegations of exposure to nuclear radiation and/or electric and magnetic fields (`EMF') associated with incidents or exposures at any location relating to SONGS 2&3 nuclear plant decommissioning.'"
5. Conclusion of Law 19 shall be added to D.96-04-059 as follows:
"19. Edison shall have the obligation to serve its CPUC jurisdictional customers with SONGS 2&3 generation after 2003."
6. No later than 20 days after the effective date of this decision, Edison shall file with this Commission revised tariff sheets in compliance with General Order 96-A which implement the modifications in this decision. The revised tariff sheets shall apply to service rendered on or after their effective date.
7. This proceeding is closed.
This order is effective today.
Dated , at San Francisco, California.
