8. Contingencies

Pursuant to Section 16.2 of the QF/CHP Settlement, it is not effective until and unless certain preconditions precedent have been met, including final, non-appealable approval by the Federal Energy Regulatory Commission of a waiver of the utilities' obligations under Section 210(m) of PURPA. As of this time, the conditions have not been met, and D.10-12-035 is the subject of a petition for modification and several applications for rehearing.¹⁵ PG&E states in its application that the Amendments are conditioned upon the QF/CHP Settlement becoming effective. It is appropriate, therefore, to make approval of this application contingent on the QF/CHP Settlement becoming effective. If the QF/CHP Settlement does not become effective, PG&E must reapply for approval of the Amendments if it chooses to pursue them outside of the QF/CHP Settlement.

¹⁵ As stated in footnote 3 above, the Commission issued D.11-03-051 addressing most of the applications for rehearing.