Michael R. Peevey is the assigned Commissioner and David K. Fukutome is the assigned ALJ and presiding officer in this proceeding.
Findings of Fact
1. The way in which CPA completed its February 16, 2006 RA compliance filing led the Commission's Energy Division and CPSD to believe that CPA had not timely procured the capacity needed to meet its 2008 Year-Ahead System RA obligation.
2. CPA timely acquired the capacity needed to meet its 2008 Year-Ahead System RA obligation consistent with D.05-10-042 and D.06-06-064.
3. The Settlement Agreement is an all-party settlement.
4. Exhibits 1 through 6 were identified at evidentiary hearing on September 14, 2009. There are no objections to the receipt in evidence of Exhibits 1 through 6.
Conclusions of Law
1. The Settlement Agreement is reasonable in light of the record, is consistent with law, is in the public interest and should be adopted.
2. Exhibits 1 through 6 should be received in evidence.
ORDER
IT IS ORDERED that:
1. The January 22, 2010 Joint Motion of Consumer Protection and Safety Division and Calpine PowerAmerica-CA, LLC for Approval of Settlement Agreement is granted.
2. The Settlement Agreement between Consumer Protection and Safety Division and Calpine PowerAmerica-CA, LLC is adopted. The Settlement Agreement is attached as an Appendix to this decision.
3. Calpine PowerAmerica-CA, LLC must pay a fine of $225,000.00 by check or money order payable to the California Public Utilities Commission and mailed or delivered to the Commission's Fiscal Office at 505 Van Ness Avenue, Room 3000, San Francisco, CA 94102, within 60 days of the effective date of this order. Write on the face of the check or money order "For deposit to the General Fund per Decision ________."
4. Exhibits 1 through 6 are received in evidence.
5. Investigation 09-01-017 is closed.
This order is effective today.
Dated April 21, 2010, at San Francisco, California.