3. Status of AB X1 29

After AB X1 29 became law, the Commission issued a ruling setting forth a process to implement the statute. Under this ruling, utilities were ordered to submit to the Energy Division, via advice letter, pro forma tariffs to implement AB X1 29 on May 21, 2001. The tariffs were required to be effective retroactive to April 11, 2001, subject to the Energy Division finding them in compliance with ABX1 29. (See Administrative Law Judge's Ruling On Implementation Of Assembly Bill X1 29, May 3, 2001, in Rulemaking 99-10-025.)

Pursuant to this ruling, on May 21, 2001, PG&E filed advice letter 2118-E proposing tariff changes to Rule 21 and to its net-metering tariff to implement AB X1 29. On June 7, 2001 and June 11, 2001, PG&E filed Supplemental Advice Letters 2118-EA and 2118-EB correcting various aspects of Advice 2118-E. These proposed tariff changes, some of them protested by other parties, have not yet been approved by the Energy Division and are therefore not yet effective.

PG&E's current net-metering tariff limits the size of "customer-generator" facilities eligible for net-metering to 10 kW. (See Electric Rate Schedule E-NEM, Advice Letter 2053-EA, approved by the Energy Division by letter dated
January 2, 2000.) PG&E therefore currently has no tariff implementing AB 1X 29 or under which to provide complainant net-metering for complainant's 31-kW facility at output levels in excess of 10 kW.