2. Background
We adopted GO 167 in 2004, and have made various modifications in subsequent years.3 GO 167 provides for implementation and enforcement of all Committee-adopted operation and maintenance standards for electric generating facilities and powerplants including: General Duty Standards,4 Generator Logbook Standards (Thermal Energy), Generator Logbook Standards (Hydroelectric Energy), Generator Maintenance Standards, and Generator Operation Standards. It provides for Commission enforcement of the CAISO Outage Coordination Protocol. It also delegates authority to the Commission's Consumer Protection and Safety Division (CPSD) to assess a scheduled fine for each of five specific violations.
Several parties applied for rehearing of two orders adopting GO 167. As a result, we modified GO 167 to provide further clarity, and denied the applications for rehearing of our decisions, as modified.5 We directed that CPSD draft a proposal to provide greater detail on the procedures to be followed when implementing the citation program.6 We directed that CPSD serve the proposal on parties for comment. We also directed that, after reviewing comments, CPSD propose supplements to GO 167 by resolution, or changes to GO 167 by a petition for modification.7
CPSD reports that it circulated proposed changes to GO 167 on March 16, 2007, but that no party served comments. On July 10, 2007, CPSD filed a petition for modification of D.04-05-018 and GO 167.
On August 9, 2007, the Generating Asset Owners Coalition (Coalition) filed a response in opposition to the petition.8 Also on August 9, 2007, Southern California Edison Company (SCE) filed a response in partial opposition, commenting on two specific items in CPSD's proposal (ex parte rules, and placing a cap on the level of a fine if a generating asset owner (GAO) appeals the citation).
3 See, for example, Decision (D.) 04-05-017, D.04-05-018, D.04-12-049, D.05-08-038, D.06-01-047, D.06-06-001, D.06-06-069, and Resolution E-4184 (adopted August 21, 2008).
4 The General Duty Standards ceased to be applicable as separate and independent standards on and after December 20, 2004. Necessary and appropriate General Duty Standards were incorporated at that time for facilities that are one megawatt or larger in specific operation and maintenance standards. (See GO 167, § 4.3.)
5 D.06-01-047 ("Order Modifying and Denying Rehearing of Decisions 04-05-017 and D.04-05-018").
6 Id., Ordering Paragraph (OP) 11.
7 Id.
8 The Coalition is composed of 15 entities: AES Alamitos LLC; AES Huntington Beach LLC; AES Redondo Beach LLC; Calpine Corporation; Dynegy South Bay LLC; Dynegy Morro Bay LLC; Dynegy Oakland LLC; Dynegy Moss Landing LLC; GWF Energy LLC; High Desert Power Project, LLC; La Paloma Power Plant; Mirant California, LLC; Mirant Delta, LLC; Mirant Potrero, LLC; and NRG West Coast LLC.
