25. Petition for Modification of Decision 07-07-027 by Solutions for Utilities, Inc. - Denied

On June 18, 2010, Solutions for Utilities Inc. (Solutions for Utilities) filed a petition for modification of D.07-07-027.96 Solutions for Utilities seeks specific changes to the mechanics of § 399.20 FiT Program as administered by SCE and as authorized in D.07-07-027. Specifically, Solutions for Utilities asks the Commission to modify SCE's standard power purchase agreement used for the § 399.20 FiT Program in various ways, including: adding curtailment provisions; deleting paragraphs 4.2, 14.2, 14.4; and striking the Interconnection Facilities and Financing Ownership Agreement (IFFOA) and the IFFOA's attachments from the power purchase agreement. Finally, Solutions for Utilities asks the Commission to remove the MPR in SCE's power purchase agreement and to change the pricing mechanism under the § 399.20 FiT Program.

PG&E, SCE, and SDG&E responded in opposition to the petition for modification. The utilities asked the Commission to deny the petition based on the timing of the filing, since the petition was filed more than one year after the issuance of D.07-07-027. The utilities also opposed the substance of the petition.

Many of the issues framed by Solutions for Utilities' petition for modification already have been addressed in different aspects of this proceeding. The remaining issues will be addressed either in this proceeding or in the separate, ongoing Commission rulemaking on Rule 21 interconnection matters, R.11-09-011.

In this proceeding, on November 10, 2011, the Commission issued a decision granting, in part, a motion filed by the Clean Coalition to change SCE's § 399.20 FiT Program standard power purchase agreement in a manner similar to those sought by Clean Coalition's petition for modification.97 For instance, the November 10, 2011 decision addressed a request to add curtailment provisions and delete paragraphs 4.2, 14.2, 14.4. In addition, today's decision addresses the issue of pricing under the § 399.20 FiT Program which is also framed by Solutions for Utilities' petition for modification. A future decision in R.11-05-005 will address standard terms and conditions for the § 399.20 FiT Program standard power purchase agreement. Finally, R.11-09-011 is the proper forum to address modifications to the IFFOA and other interconnection agreement issues.

Therefore, because all issues framed by Solutions for Utilities' petition for modification either have been addressed or are scheduled to be addressed in either this proceeding or in R.11-09-011, the petition is denied.

96 This petition for modification was filed in R.06-05-027. This proceeding is the successor proceeding to R.08-08-009 and R.06-03-027.

97 See D.11-11-012 (Decision Granting, with Modifications, the Motion by Clean Coalition for Immediate Amendments of the Southern California Edison Company AB 1969 CREST Power Purchase Agreement)

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