2. Procedural Background

On January 28, 2011, Pacific Gas and Electric Company (PG&E) filed Application 11-01-023 seeking Commission approval of three power purchase agreement amendments (Amendments) between PG&E and three existing qualifying facilities (QFs). The Division of Ratepayer Advocates (DRA) and The Utility Reform Network (TURN) timely filed a protest and response, respectively, on March 4, 2011. PG&E filed a reply on March 14, 2011. On March 21, 2011, PG&E filed an amended application revising down the anticipated customer savings over the ten remaining years of the contracts from $26 million (or $2.6 million per year) to $14 million (or $1.4 million per year). A prehearing conference was held on April 6, 2011, during which parties agreed to continue working together to address outstanding concerns and provide a status update to the assigned Administrative Law Judge (ALJ) on April 13, 2011. On April 13, 2011, DRA timely filed a status report stating that all issues of concern had been sufficiently addressed through the discovery process, and DRA wished to withdraw its protest. On April 15, 2011, TURN sent an e-mail to the service list stating that it had no opposition to the application but would continue to monitor the proceeding should there be any developments or changes that warrant its participation.

On April 14, 2011, PG&E timely filed a response to the April 7, 2011 ALJ ruling requesting additional information along with a concurrent motion for leave to file the response under seal. On April 21, 2011, the assigned Commissioner and ALJ issued a scoping memo and ruling, which identified the issues to be determined and set a schedule for addressing those issues.