Conclusions of Law
1. As discussed in this decision, the Commission has exercised its authority under Pub. Util. Code § 1708 to rescind, alter or amend its orders or decisions with great care and only when justified by extraordinary circumstances.
2. The Commission has articulated specific parameters for considering the modification or rescission of a prior decision, namely, if (1) new facts are brought to the Commission's attention, (2) conditions have undergone a material change, or (3) the Commission proceeded on a basic misconception of law or fact.
3. The Commission did not proceed to adopt the shared-savings mechanism in D.94-10-059 based on mistaken law or fact.
4. Commission would not have made a different decision in D.94-10-059 due to subsequent changes in the electric industry, either by adopting a materially different shared-savings mechanism for the 1994-1997 period, rescinding or modifying that mechanism earlier, or authorizing no incentive mechanism at all.
5. Nothing in today's decision precludes the Commission from disapproving or modifying the claims for utility profits submitted by the utilities in the pending and future AEAPs related to pre-1998 shared savings programs, based on ex post verification. All such claims are subject to verification, consistent with the Commission's adopted measurement and evaluation protocols.
IT IS ORDERED that Rulemaking 91-08-003/Investigation 91-08-002 shall not be reopened for the purpose of reconsidering the shared-savings incentive mechanism adopted in Decision 94-10-059.
This order is effective today.
Dated October 16, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
ATTACHMENT 1 ACRONYMS OR ABBREVIATIONS
Acronym or Abbreviation |
Name |
AB |
Assembly Bill |
AEAP |
Annual Earnings Assessment Proceeding |
ALJ |
Administrative Law Judge |
CEC |
California Energy Commission |
CEEI |
Commercial Energy Efficiency Incentives |
D. |
Decision |
DSM |
Demand-Side Management |
I. |
Investigation |
ISO |
Independent System Operator |
LIEE |
Low-Income Energy Efficiency |
M&E |
Measurement and Evaluation |
MPS |
Minimum Performance Standard |
NRDC |
Natural Resources Defense Council |
ORA |
Office of Ratepayer Advocates, |
PEB |
performance earnings basis |
PG&E |
Pacific Gas and Electric Company |
PHC |
Prehearing Conference |
Pub. Util. |
Public Utilities |
PY |
Program Year |
R. |
Rulemaking |
SCE |
Southern California Edison Company |
SDG&E |
San Diego Gas & Electric Company |
SoCal |
Southern California Gas Company |
TURN |
The Utility Reform Network |
WEM |
Women's Energy Matters |
ATTACHMENT 2
155811
ATTACHMENT 2
APPENDIX 1
155812
ATTACHMENT 2
APPENDICES 2 & 3
155760
ATTACHMENT 3
152242
ATTACHMENT 3
APPENDIX 1
152260
ATTACHMENT 3
APPENDIX 2
152258
ATTACHMENT 3
APPENDIX 3
152257
ATTACHMENT 3
APPENDIX 4
152254
ATTACHMENT 3
APPENDIX 5
152803
ATTACHMENT 4
TABLE 1
153411
ATTACHMENT 4
TABLE 2
157785
ATTACHMENT 4
TABLE 3
157605
