12. Assignment of Proceeding

This proceeding is assigned to Commissioner Dian M. Grueneich and
ALJ David M. Gamson. ALJ Gamson is the Presiding Officer.

1. D.09-09-047 adopted energy efficiency portfolios for 2010 through 2012 for Southern California Edison Company, Southern California Gas Company,
San Diego Gas & Electric Company, and Pacific Gas and Electric Company. That decision established, among other things, that DEER and non-DEER ex ante values should be frozen using best available information.

2. The utilities and the Energy Division have not been able to agree on how to freeze many DEER ex ante values and non-DEER ex ante workpapers, which were to have been frozen based on best available information per D.09-09-047.

3. It is important to establish clear frozen ex ante values in order to ensure the utilities can fully implement the energy efficiency measures approved in
D.09-09-047.

4. Branding or co-branding utility energy efficiency-funded projects with the Engage 360 brand is a crucial part of the marketing, education and outreach effort envisioned by D.09-09-047.

5. The Engage 360 brand is expected to focus in the first quarter of 2012 on transmitting its message through traditional mass media, after brand recognition and understanding of the brand have been established.

6. It is technically infeasible at this time to attain a 20% annual energy savings goal for the Prescriptive Whole House Retrofit Program by the end of 2012.

7. The Joint Utilities have not requested to modify 20% annual energy savings goals associated with the Whole House Prescriptive Program.

8. D.09-09-047 was not clear whether the $1,000 performance bonus for the CAHP applies only to single family units, or to multifamily units as well.

9. The utilities' energy efficiency portfolios are important to California's ability to meet its clean energy goals and to provide a cost-effective alternative to energy procurement.

10. The utilities' energy efficiency portfolio is actively supervised by the Commission.

1. Freezing 2008 DEER version 2.05 values at their current levels is consistent with the dual goals of using best available information and achieving finality.

2. It is reasonable to freeze 2008 DEER version 2.05 values at their current levels.

3. The Engage 360 brand should not be required to be used alone or as
co-branding for programs which use no energy efficiency funds.

4. Since D.09-09-047 did not specify minimum energy savings goals per home for the WHPP, it is not necessary to modify that decision to reflect the Joint IOUs preference for 10% or 15% minimum energy savings per treated home for this program.

5. A 10% annual energy savings goal per home for the PWRHP and a 20% annual energy savings goal per home for the WHPP is reasonable and consistent with D.09-09-047, and is understood to signify average savings expected per home, not minimum thresholds.

6. D.09-09-047 should be clarified to state that the $1,000 performance bonus for the CAHP applies only to single family units.

7. It is reasonable to allow a lower performance bonus for the CAHP that applies to multifamily units.

8. D.09-09-047 should be modified to include specific language addressing the State Action Doctrine as set forth in the OPs below.

ORDER

IT IS ORDERED that:

1. Ordering Paragraph 48 of Decision 09-09-047 is modified to read: "Both DEER 2008 and non-DEER measure ex ante values established for use in planning and reporting accomplishments for 2010-2012 energy efficiency programs shall be frozen. based upon the best available information at the time the 2010-2012 activity is starting. The frozen version of DEER shall be 2008 DEER version 2.05, dated December 16, 2008, as currently posted at the DEER website ( http://www.deeresources.com) maintained by Energy Division."

2. Conclusion of Law 26 of Decision 09-09-047 is modified to read:

"Measure ex ante values established for use in planning and reporting accomplishments for 2010-2012 should shall be frozen based upon the best available information at the time the 2010-2012 activity is starting. The frozen version of DEER should be 2008 DEER version 2008.2.05, dated December 16,2008, as currently posted at the DEER website ( http://www.deeresources.com) maintained by Energy Division."

3. Ordering Paragraph 21(b) of Decision 09-09-047 is modified to read:

"Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company, and Southern California Gas Company shall file a program implementation plan for the Prescriptive Whole House Retrofit Program referenced in subsection (a) of this Ordering Paragraph by Advice Letter by December 15, 2009;. If Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company, and Southern California Gas Company determine it feasible to expand this program offering to multifamily customers during the 2010-2012 program cycle, they shall jointly seek approval for this component through an Advice Letter."

4. The text of Decision 09-09-047 on page 120 is modified to read as follows:

"The Utility's Whole House Home Performance Programs shall seek to drive the market to retrofit at least 1% of California homes in the utility service to 20% annual savings by the end of this program cycle (i.e., December 2012). The Prescriptive Whole House Program (Basic Program) will contribute to this goal by driving participating homes in the utility service territories to an average of 10% annual savings, while the local Whole House performance Programs (Advanced Program) will contribute to this goal by driving participating homes in the utility service territories to an average of 20% annual savings."

5. Ordering Paragraph 34 of Decision 09-09-047 (sixth bullet point) is modified to read:

6. Ordering Paragraph 24(b) of Decision 09-09-047 is modified to read:

7. Ordering Paragraph 61 is added to Decision 09-09-047 as follows:

(a) Joint and cooperative consultations between and among these utilities and energy efficiency contractors to assist with determination of the contract requirements of their jointly administered and jointly funded energy efficiency programs;

(b) Joint cooperative process among the four utilities for the sourcing and negotiation (including program requirements, performance, price, quantity and specifications) of joint contracts for energy efficiency to be managed and run by one lead utility, subject to approval and review by the other utilities;

(d) other joint and collaborative activities pertaining to the collaboration and joint contracting for statewide energy efficiency programs as the four utilities may determine is necessary for implementation of the statewide programs, subject to the Commission's oversight."

8. Conclusion of Law 104 is added to Decision 09-09-047 as follows:

9. Application (A.) 08-07-021, A.08-07-022, A.08-07-023, and A.08-07-031 remain open.

This order is effective today.

Dated December 16, 2010, at San Francisco, California.

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