II. ADDITION OF NEW PROJECT OBJECTIVES

UCAN alleges that we introduced new project objectives at the end of the process, including encouraging Imperial Valley renewables and promoting 33% RPS compliance to achieve GHG reductions. (UCAN Rehrg. App., p. at 13.) UCAN is incorrect in its argument, and does not specify what laws it is alleging we violated.

UCAN particularly focuses on our reliance on the fact that the project "will facilitate our policy goal of renewable procurement at 33% RPS levels..." (Decision, at p. 270.) According to UCAN, because the Commission announced the 33% RPS goal at the "last-minute," the parties did not have an opportunity to demonstrate that the Sunrise project is not needed to meet that goal. UCAN incorrectly declares that the "potential for using a 33% RPS standard ... is not articulated in any scoping memo nor any instruction by the ALJ."

UCAN is mistaken, since footnote 20 in the original November 1, 2006 Scoping Memo and Ruling provides:

For renewable requirements, SDG&E should assess need both in terms of meeting the 20% RPS procurement requirement established in SB 107 (enrolled 2006) and to be codified at Cal. Pub. Res. Code §25740 and the 33% by 2020 strategy set forth in the March 2006 "Climate Action Team Report to Governor Schwarzenegger and the Legislature".

Moreover, as both SDG&E and CAISO respond, both of these parties made myriad references to the 33% RPS goal throughout the proceeding, and also performed analyses based on the 33% figure. (SDG&E Response, at pp. 9-10 [referencing the PEA, testimony]; CAISO Response, at pp. 7-8 ["All of the ISO's cost modeling for the year 2020 assumed a 33% RPS target," also referencing testimony and exhibits].) UCAN's assertion that it had no notice of the 33% RPS goal is not credible.

UCAN also appears to suggest that the goal of accommodating Imperial Valley renewable development is a late addition. (UCAN Rehrg. App., at p. 13.) There is no basis for this argument either, as that goal was announced in the November 1, 2006 Scoping Ruling (p. 6), and is contained throughout the environmental documents.