23. Transition Issues
Parties raised the issue of whether rules under the existing AB 1969 program apply to projects now in the queue or whether the rules adopted today apply.
Silverado raised this issue and points out that it has projects currently on the wait lists for the § 399.20 FiT Program under SCE's CREST program.92 As a result, it is unclear, from its perspective, which rules will apply to those projects. The October 13, 2011 Staff Proposal recognized this issue and acknowledges that the transition to the new rules presents complications for some generators, especially those operating under SCE's FiT Program.93 The Staff Proposal also notes that SB 32 became effective on January 1, 2010 and, as a result, at that time generators were placed on notice that the rules of the FiT Program would change.
We agree that generators had ample notice that the rules would change. We also note that the Commission's general policy is to apply the rules in place at the time the contract is executed. No contracts exist for those projects identified by Silverado in the queue. Therefore, we find that projects in the queue and without a contract must comply with the new rules adopted today.
92 Silverado April 9, 2011 comments to proposed decision at 4, citing to Silverado June 27, 2011 reply comments.
93 October 13, 2011 Staff Proposal at 19.
