3. The Joint Petition and Amended Scoping Memo

In their Joint Petition, the Utilities request the Commission modify
D.09-12-042 to:

_ Update the formula for calculating the price to be offered by the electric corporations in the standard and simplified contracts to utilize components from the 2009 Market Price Referent (MPR) instead of the 2008 MPR;

_ Modify Exhibit C of the standard contract and Exhibit B of the simplified contract to clarify that the "Fixed Price Component" of the price to be offered is constant throughout the contract term;

_ Reduce the price to be offered under AB 1613 contracts to reflect an as-available price;

_ Remove the language from D.09-12-042 requiring the utilities to purchase greenhouse gas (GHG) allowances for CHP Sellers under certain circumstances; and

_ Modify certain provisions of the form contracts attached to the Decision to clarify the language and contractual provisions.

The Amended Scoping Memo also asked for further clarification on a number of these issues. We consider each of the requests in the Joint Petition, as further informed by comments received in response to the Amended Scoping Memo, in Sections 4 through 12 below.