V. Comments on Draft Decision
This is an expanded 311 decision, but the 30-day period may be reduced or waived because there is an unforeseen emergency situation. In this case, we have just learned that the DCA cannot continue with its program. Because time is of the essence so that the program can go forward during the hottest months, we shorten the comment period. Comments were due on July 15, 2002. No reply comments were allowed.
DCA submitted comments regarding the Flex Your Power trademark which are reasonable and therefore reflected in this decision. It clarified its submission regarding the affected amount of funding (a point that it did not originally explain fully) and we have made changes accordingly. Finally, DCA asks us to deem its expenditures to date to be appropriate and reimbursable, which we do not do here as the request is premature. Once DCA submits the report contained in Ordering Paragraph 2, we will consider the appropriateness of DCA's expenditures. Edison filed comments supportive of the decision. Women's Energy Matters filed comments that were critical but we believe the original decision adequately addresses them the matters raised and make no changes.
1. DCA cannot continue the PGC-funded portion of its Flex Your Power campaign.
2. Edison is already administering the program, sought statewide funding in December 2001 to do similar work, has worked with DCA in the past, and is involved in current planning for the campaign.
3. Time is of the essence so that the campaign can occur during the hottest months.
4. The Commission put out the statewide energy efficiency marketing and outreach funding for competitive bid.
The Commission should reallocate to Edison at least no more than $5,199,315 of the funds earmarked for DCA to carry out a marketing and outreach campaign consistent with D.02-03-056 and this decision. It is the expectation and understanding that the DCA will authorize Edison to make reasonable uses of the Flex Your Power marks to continue the PGC-funded Flex Your Power energy efficiency program consistent with D.02-03-056 and this decision.
INTERIM ORDER
IT IS ORDERED that:
1. The California Department of Consumer Affairs (DCA) shall return all unspent PGC funds, totaling no more than $2,817,993, to Southern California Edison (Edison), so that Edison may take over the portion of the Flex Your Power campaign funded by this Commission and to use the Flex Your Power marks for that purpose to the extent that the DCA authorizes such use. It is the expectation and understanding of the Commission that DCA will cooperate with Edison in making this transition, including executing a written agreement authorizing Edison to use the Flex Your Power logo and other related materials on reasonable terms.
2. DCA shall file and serve a report describing its expenditures to date no later than 45 days after the Commission issues this decision.
3. Edison shall take over the PGC-funded portion of the Flex Your Power campaign consistent with D.02-03-056 and may make such uses of the Flex Your Power marks as are authorized by DCA.
4. Edison shall immediately begin to carry out the Flex Your Power program functions, including those that must occur immediately in order for the advertising to go forward as scheduled, as authorized by the DCA and as soon as a Use Agreement with the DCA granting Edison permission to use the Department's mark is executed.
This order is effective today.
Dated July 17, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
