Settlement Agreement
According to the public version of Edison's application, the terms and conditions of the Settlement Agreement are described in Exhibit SCE-2 that was filed under seal. Neither the public nor non-public versions of the testimony discuss the terms of the settlement. Instead, the public version of the prepared testimony discusses the QF contract, the litigation, and a brief description of negotiations. The non-public version of the prepared testimony and the application discuss the benefits of the Settlement Agreement and why Edison believes the Settlement Agreement is reasonable.
In order to determine terms and provisions provided in the settlement, we reviewed the non-public versions of the application, the prepared testimony, and the Settlement Agreement, as well as the QF contract and the complaint filed in Los Angeles Superior Court. The following discussion of the issues is based on our review of the Settlement Agreement, and all of the other pertinent documents.4
4 We note that the protective order does not inhibit our staff from reviewing non-public portions of the record; moreover, other persons, such as those who might have wanted to protest the application, may obtain access to the confidential information by executing a nondisclosure agreement.
