D1004033 Attachment
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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

April 21, 2010

TO PARTIES OF RECORD IN INVESTIGATION 09-01-017, DECISION 10-04-033,
MAILED APRIL 21, 2010.

On March 18, 2010, a Presiding Officer's Decision in this proceeding was mailed to all parties. Public Utilities Code Section 1701.2 and Rule 15.5(a) of the Commission's Rules of Practice and Procedures provide that the Presiding Officer's Decision becomes the decision of the Commission 30 days after its mailing unless an appeal to the Commission or a request for review has been filed.

No timely appeals to the Commission or requests for review have been filed. Therefore, the Presiding Officer's Decision is now the decision of the Commission.

The decision number is shown above.

/s/ MICHELLE COOKE   for

Karen V. Clopton, Chief

Administrative Law Judge

KVC:tcg

Attachment

ALJ/POD-DKF/tcg Date of Issuance 4/21/2010

Decision 10-04-033

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Investigation on the Commission's Own Motion Into the Operations and Practices of Calpine PowerAmerica-CA, LLC; Notice of Opportunity for Hearing; and Order to Show Cause Why the Commission Should Not Impose Fines and Sanctions for Calpine's 2007 Violation of System and Local Resource Adequacy Requirements.

Investigation 09-01-017

(Filed January 29, 2009)

DECISION APPROVING SETTLEMENT AGREEMENT

1. Summary

This decision approves a settlement agreement between Calpine PowerAmerica-CA, LLC (CPA) and the Consumer Protection and Safety Division regarding alleged CPA violations of system and local resource adequacy requirements in its 2007 year-ahead compliance filings. By the terms of the settlement, CPA agrees to pay a fine of $225,000. This proceeding is closed.

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