V. Comments on Draft Decision
Because this decision is limited to a procedural matter, in which the public interest is best served by an expeditious resolution, the Commission will waive the public comment and review period pursuant to Rule 77.7(f)(9).
Rule 77.7(f)(9) of the Commission's Rules of Practice and Procedure provides that:
for a decision where the Commission determines, on the motion of a party or on its own motion, that public necessity requires reduction or waiver of the 30-day 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 the expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period of 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 place the Commission or a Commission regulatee in violation of applicable law, or where such failure 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.
Findings of Fact
1. Extending Edison's PBR mechanism is consistent with related Commission decisions to defer Edison's next GRC test year.
2. Extending Edison's PBR mechanism is a reasonable response to the financial and operational uncertainties now effecting Edison.
3. Establishing a memorandum account is a reasonable interim step for implementing Section 739.10.
4. Other issues raised in Edison's petition to modify D.96-09-092 will be addressed in subsequent rulings and decisions.
Conclusions of Law
1. Edison's PBR mechanism should be extended until superseded by the next GRC.
2. Edison should establish a memorandum account for recording distribution system revenues and expenses.
3. This decision should be effective immediately in order to provide Edison and other interested parties with certainty as to scheduling.
ORDER
IT IS ORDERED that:
1. The May 4, 2001, petition for modification of Decision (D.) 96-09-092 filed by Southern California Edison Company (Edison) is granted to the extent provided herein, and denied in all other respects.
2. D.96-09-092 is modified as follows:
a. At page 2 of the text, the following shall be added:
We authorize this distribution only PBR to extend through December 31, 2001, with further extension until superseded by Edison's 2003 General Rate Case, pursuant to the terms adopted in Decision 01-__-___ on _______, 2001.
b. At page 18 of the text, the following shall be added:
Our decision today also adopts the adoption of this nongeneration PBR to as distribution only PBR, which will extend through December 31, 2001, with further extension until superseded by Edison's 2003 General Rate Case, pursuant to the terms adopted in Decision 01-__-___ on ______, 2001.
c. The following new Conclusion of Law shall be added at page 63:
12. The PBR mechanism should be modified in the manner set forth in Decision 01-__-___.
13. The PBR should be extended until superseded by Edison's 2003 General Rate Case, pursuant to Decision 01-__-___.
d. The following Ordering Paragraph shall be added at page 68:
Edison shall file an advice letter no later than 30 days following the effective date of Decision 01-__-___ which shall extend the provisions of this decision for Edison's PBR until superseded by Edison's 2003 General Rate Case.
3. Edison shall create a memorandum account to track distribution system costs and revenues that will be subject to adjustment subsequent to the adoption of a modified PBR mechanism.
This order is effective today.
