II. Proposed Decision/Alternate Proposed Decision
On November 18, 2003, the assigned Administrative Law Judge issued a proposed decision (PD) that granted Edison's application to acquire Mountainview pursuant to a FERC jurisdictional PPA, but expressed a preference that Edison pursue the project as a utility-owned generation facility. The PD further stated that if Edison did pursue that option, the Commission would issue a CPCN before the expiration of the option date of February 29, 2004.
On December 4, 2003, Commissioner Lynch issued an alternate PD that denied Edison's request to acquire Mountainview through a FERC jurisdictional PPA, and granted Edison a CPCN to acquire, develop, build, own, and operate Mountainview as a utility-owned project.
Comments to the PD were received from Edison, CEERT, ARem, CUE, CAC, EPUC, IEP, the Navajo Nation, Sequoia, ORA, TURN, the Silicon Valley Manufacturing Group (SVMG),1 and the California Small Business Association and California Small Business Roundtable (CSBRT/CSBA).2
Reply comments were received from the Navajo Nation, TURN, CAC/EPUC, Pacific Gas and Electric Company (PG&E) and Edison.
After reviewing and considering the comments and reply comments, modifications, amendments, and corrections were made to the PD.
1 SVMG is not presently a party to the proceeding and did not file a motion to intervene as a party. SVMG will be added to the service list, and its comments were reviewed and considered. 2 CSBRT/CSBA is not presently a party to the proceeding, but did include a request to intervene and be placed on the service list. The motion to intervene is denied, but CSBRT/CSBA will be added to the service list and its comments were reviewed and considered.
