California Pub. Util. Code § 454.5 requires electric utility companies to file a proposed electricity procurement plan for review and approval by the California Public Utilities Commission (Commission).4 Section 454(i) also provides that an electrical corporation serving fewer than 500,000 customers in California may file a request for exemption from the § 454.5 procurement plan requirements. BVES filed for an exemption under § 454.5, via advice letter, in August 2008. On February 20, 2009, in Resolution E-4232, the Commission granted BVES' request.5 Subsequently, in D.08-05-029 the Commission stated that BVES and other small utilities may undertake their Renewable Portfolio Standard (RPS) procurement planning "in any way that comports with their general planning process."6
BVES' primary document for planning, evaluation, and acquisition of generation resources to meet its forecasted energy requirements is its 2009 IRP.7 BVES states that "the amount and type of resources included in the IRP are intended to comply with California law, Commission decisions, renewable energy requirements and greenhouse gas emissions limits."8
4 All statutory references are to the California Public Utilities Code unless otherwise stated.
5 Resolution E-4232 and see also D.05-11-025.
6 D.08-05-029 at 17.
7 Every year BVES prepares a five-year IRP. At the time BVES filed its application, the June 2009 IRP was BVES' most current IRP.
8 Application at 7.