8. Comments on Proposed Decision

The proposed decision of the Assigned Commissioner in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on November 19, 2009 by SCE, jointly by SDG&E and SoCalGas, jointly by PG&E and TURN, PacifiCorp, BVES, EPUC, Sierra Pacific, San Joaquin Refining Co. (SJRC), Fuel Cell, CCDC, DRA and AReM. Reply comments were filed on November 24, 2009 by SCE, SDG&E, PG&E/TURN, CCDC, AReM, Fuel Cell and SJRC. This decision has been revised in response to comments as appropriate.

In comments, PG&E/TURN and SCE have asserted that the Commission's pricing determination is unlawful for failure to comply with PURPA and/or the FPA. We agree and have made modifications accordingly to reflect that AB 1613 is being implemented pursuant to PURPA and avoided cost principles.