III. AUTHORITY TO IMPOSE 33% RENEWABLE REQUIREMENT

UCAN argues that because the Commission lacks the authority to impose a 33% renewable requirement, "it also cannot legally base a decision ... upon a non-existent 33% RPS assumption." (UCAN Rehrg. App., at p. 28.) UCAN's reasoning and arguments on this point are in error.

As discussed below regarding the renewable condition, there is a difference between assuming or finding that a condition will occur and imposing it. Although pursuant to Public Utilities Code section 399.15 we cannot impose a 33% renewable requirement, we can find that such a requirement is likely to be imposed in the future, as we have done. Contrary to UCAN's allegations, we can predict conditions over which we do not have authority. If that were not the case we would be unable to act in an informed manner. Therefore, we are justified in evaluating Sunrise in the context of a future, more stringent, renewable generation goal.