6. Waiver of Comment Period
Because the approval of the Interim Settlement Agreement is an uncontested matter in which the relief requested is granted, the otherwise applicable 30-day comment period is waived pursuant to Pub. Util. Code § 311(g)(2) and Rule 77.7(f)(2) of the Rules of Practice and Procedure.
1. AB X1 29 on April 11, 2001, revised Pub. Util. Code § 2827 to increase the allowable size of net-metered PV solar generators from 10 kW to 1,000 kW.
2. Complainant on April 16, 2001, applied to PG&E for interconnection of his 31-kW PV generation system.
3. This complaint alleges that PG&E unlawfully denied complainant net-metering service as required by the amended Section 2827.
4. PG&E alleges that further study of complainant's solar power system is necessary to be certain that interconnection will not create a hazard.
5. The parties request approval of an Interim Settlement Agreement that permits interconnection under certain terms and conditions.
6. The Interim Settlement Agreement would permit increased output of complainant's system to 15.9 kW and, provided all safety issues are satisfactorily resolved, potentially to the full capacity of complainant's system.
7. The Interim Settlement Agreement serves the public interest and should be made effective as soon as possible
1. The Interim Settlement Agreement should be approved.
2. PG&E should be authorized to deviate from its net-metering tariff to the extent provided by the Interim Settlement Agreement.
INTERIM ORDER
IT IS ORDERED that:
1. The Interim Settlement Agreement between Kenneth A. Adelman (complainant) and Pacific Gas and Electric Company (PG&E), a copy of which is attached hereto and made part hereof, is approved.
2. PG&E is authorized to deviate from its net-metering tariff to the extent provided by the Interim Settlement Agreement.
3. Case 01-08-013 remains open for the resolution, if necessary, of other issues.
This Interim Order is effective today.
Dated October 10, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
ATTACHMENT A
INTERIM SETTLEMENT AGREEMENT
September 14, 2001
preamble
1. On August 14, 2001, Kenneth A. Adelman (Complainant) filed a Complaint against Pacific Gas and Electric Company (PG&E) (together 'the Parties") before the California Public Utilities Commission (CPUC) (Docket No. 01-08-013) alleging that PG&E had unlawfully denied Complainant net-metering services as required by Public Utilities Code Section 2827, and seeking injunctive relief and reparations.
2. On August 14, 2001 Complainant also requested that the CPUC immediately issue a Temporary Restraining Order (TRO) requiring PG&E to allow Complainant to interconnect his 31 kW photovoltaic (PV) generating system to PG&E's distribution system.
3. On August 29, 2001, PG&E filed its answer to the Complaint and its Opposition to the request for a TRO.
4. On August 31, 2001 a Prehearing Conference was held by CPUC Administrative Law Judge (ALJ) Glenn Walker. ALJ Walker urged the Parties to attempt to settle the issues raised by the Complaint and convened a second prehearing conference for Friday September 7, 2001 to obtain a status report on settlement discussions.
5. On August, 31, 2001, the Parties entered into an interim letter agreement whereby Complainant's PV system was allowed to operate in parallel with PG&E's distribution system at an output level no greater than 10 kW. (Attachment A ).
6. On September 7, 2001 the Parties reported to ALJ Walker that they were close to reaching an interim agreement on additional steps and issues. ALJ Walker directed that Parties to file by Friday September 14, 2001 a formal document memorializing the interim agreement.
Pursuant to their discussions, and to ALJ Walker's direction, and without waiving any issue or argument raised directly or indirectly by the complaint or answer in C.01-08-013, the Parties agree, on an interim basis, and pending further proceedings in this docket, as follows:
