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ALJ/MD2/tcg Date of Issuance 4/20/2009

Decision 09-04-010 April 16, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Gas and Electric Company for Expedited Approval of the Amended Power Purchase Agreement for the Russell City Energy Company Project (U39E).

Application 08-09-007

(Filed September 10, 2008)

DECISION APPROVING SETTLEMENT AGREEMENT
REGARDING THE SECOND AMENDED AND
RESTATED POWER PURCHASE AGREEMENT

Summary

This decision approves a settlement agreement entered into by Pacific Gas and Electric Company (PG&E), Russell City Energy Company, LLC (RCEC), Division of Ratepayer Advocates (DRA), The Utility Reform Network (TURN), and California Unions for Reliable Energy (CURE) (collectively "Joint Parties") requesting approval of an amended power purchase agreement. PG&E, RCEC, DRA, TURN, and CURE fairly reflect a wide array of affected interests in this proceeding.

The Commission first approved the power purchase agreement in Decision 06-11-048. The major amendments to the original power purchase agreement are to the online date and contract price. This amended power purchase agreement is comparable in price and other criteria to the current market for power purchase agreements established in PG&E's 2008 long-term request for offers.

Three parties did not join the settlement and filed opposing comments urging the Commission to not adopt the settlement. The dissenting parties are Californians for Renewable Energy, Inc. (CARE), Rob Simpson, and "Group Petitioners," which consists of the California Pilots Association, Skywest Townhouse Homeowners Association, and Hayward Area Planning Association.

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