6. Further Direction For LIAB

In D.00-02-045, we directed LIAB to "scrutinize and scale back or disengage from any activities that are inconsistent with the role and authority of the Board," indicating that this should make it possible for the Board to meet less often.³² In order to maximize program resources, we believe that LIAB should be task-based. Moreover, we need to be realistic concerning the availability of Commission resources to assist the Board and advisory committee. Accordingly, we clarify below what activities are (and are not) assigned to LIAB or its advisory committee in the near term, for which Energy Division will continue to provide assistance. If LIAB desires to meet more frequently and perform additional activities with the assistance of Commission resources, it must seek and receive approval from the Energy Division. If approval is not given, LIAB will need to rely on non-Commission resources to complete any additional tasks or conduct additional meetings. Such additional tasks or meetings that LIAB undertakes must be directly related to the utility low-income assistance programs under the Commission's jurisdiction, for which LIAB has been formed to serve as an Advisory Board.

Pursuant to the April 28,2000 Assigned Commission's Ruling, LIAB has been encouraged to participate in Reporting Requirements Manual and Standardization of Administrative Costs Working Group meetings or workshops to make its views known during the workshop process. On July 12, 2000, the Energy Division provided to the Working Group participants, a copy of LIAB's June 1, 1999 Proposal for Utility Standardized Reporting Guidelines. In addition, if it has not already done so, the Energy Division should provide to the Working Group a copy of LIAB's June 30, 1999 comments on the May 17, 1999 joint utility proposal for standardizing administrative costs for low-income assistance programs. The Energy Division should also keep the LIAB members apprised of when the Working Group report is submitted, and LIAB may comment on that report within 20 days thereafter, as directed in the April 28, 2000 Assigned Commissioner's Ruling. In this way, the Commission will be made aware of LIAB's views on the issues being addressed by the Working Group.

The Energy Division is currently developing a Needs Assessment Study work plan. The LIAB submitted its proposal for a needs assessment proposal in 1999. As this study progresses, the Assigned Commissioner may request further input from LIAB, as appropriate. However, at this time we give LIAB no further assignments on this issue.

As discussed above, LIAB submitted its PY 2001 low-income assistance program recommendations and clarified which LIAB recommendations represented differences between the utilities and the Board. We do not anticipate the need for further input from LIAB on PY 2001 programs.

On September 1 of each year, LIAB submits Board nominations and its operating budget for the coming year.³³ To conserve program resources, we believe that this task should be transferred to the Energy Division. Accordingly, by September 1 of each year, the Energy Division should solicit and submit nominations for Board membership and prepare and submit the Board's budget for the upcoming year. The Energy Division should file its recommendations in the form of a report and serve all appearances and the state service list in this proceeding (or successor proceeding). Interested parties and the LIAB may file comments within 20 days thereafter.

Pursuant to D.00-07-020, as part of the PY 2002 planning process, the utilities are to solicit input from interested parties and the LIAB when they develop standardized methods for producing data on bill savings and expenditures for LIEE expenditures on an overall program and per unit basis, by utility. LIAB should schedule a meeting no later than January 2001 to provide input to the utilities on the utilities proposal before the utilities submit their proposal on February 1. As of the date of this decision, the schedule for the PY 2002 planning process has not been fully developed. When the Commission or Assigned Commissioner order the schedule for the PY 2002 planning process, further tasks for LIAB for the PY 2002 planning process may be established.

Pursuant to D.00-02-045, LIAB is not required to maintain an advisory committee. We encouraged LIAB to convene working groups in addition to or in lieu of maintaining an advisory committee.³⁴ Because the LIAB has substantially completed its assigned tasks for the PY 2001 planning process, the LIAB should direct its advisory committee to disengage from any work other than to advise the Board on 1) the proposal of the Working Group to standardize the reporting requirements and administrative costs of the low-income assistance programs and on 2) how to standardize methods for producing data on bill savings and expenditures for LIEE programs, as directed in D.00-07-020.

We remind LIAB, as ordered in D.00-02-045, that it should retain its independent advisory role and not simply ratify the recommendations of its advisory committee. After the advisory committee provides LIAB with its recommendations on the two areas described above, LIAB should consider disbanding its advisory committee and convene workshops or working groups when it receives additional assignments from the Commission.

As of this date, the only specific tasks we have assigned LIAB with the assistance from Energy Division are the two described above. Accordingly, LIAB should be able to substantially reduce the number of scheduled meetings for both itself and its advisory committee. Based on current assignments, LIAB and its advisory committee should reduce their scheduled meetings to those occurring in October, 2000 and January, 2001. Unless approved by the Energy Division, any additional tasks or meetings undertaken by LIAB will need to be supported by non-Commission resources. As discussed above, such additional tasks or meetings that LIAB undertakes must be directly related to the utility low-income assistance programs under our jurisdiction. LIAB is directed to prepare and submit to the Energy Division written minutes of any additional meetings and written reports on any additional activities that are undertaken without the assistance of the Energy Division.

We also need to clarify our expectations regarding the appropriate role of LIAB as an advisory committee. First, with regard to other advisory committees or working groups formed by the Commission to address low-income assistance issues, we believe that LIAB can best fulfill its independent advisory role if its Board members do not also sit on those other committees or working groups. As we discussed in D.00-02-045, as an advisory body to the Commission, LIAB may not be an applicant, protestant, respondent, petitioner, complainant, defendant, or make formal appearances in Commission proceedings.

This brings us to the issue of LIAB's participation in a recently-formed group, the California Measurement Advisory Council (CALMAC). In A.99-05-002, et al., the utilities, ORA and the California Energy Commission submitted Joint Recommendations that a CALMAC be formed. The Joint Recommendations proposed that a member of the LIAB be appointed as a non-voting member of the CALMAC.

In D.00-05-019, we considered the Joint Recommendations, among other earnings verification issues. We concluded that the Joint Recommendations were "a reasonable concept" to address market assessment and evaluation issues, but did not recognize CALMAC as an official Commission-sponsored advisory body. We indicated that CALMAC may participate in Commission proceedings and through that participation, it may achieve party status.³⁵ However, our decision did not address the specific recommendation regarding LIAB participation.³⁶ Because CALMAC will become a party if it participates in Commission proceedings, we clarify today that LIAB members may not sit on the CALMAC, even as a non-voting member. This restriction applies to the same individual's participation, not that organization's participation. However, this does not preclude the Commission or Assigned Commissioner from soliciting LIAB's views on CALMAC reports or other testimony submitted in future Annual Earnings Assessment Proceedings.